sacrilege a snare. a sermon preached, ad clerum, in the vniversity of cambridg, / by the r. reverend father in god lancelot andrews: late l. bishop of winchester. vvhen he proceeded doctor in divinity. translated for the benefit of the publike. andrewes, lancelot, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) sacrilege a snare. a sermon preached, ad clerum, in the vniversity of cambridg, / by the r. reverend father in god lancelot andrews: late l. bishop of winchester. vvhen he proceeded doctor in divinity. translated for the benefit of the publike. andrewes, lancelot, - . [ ], , [ ] p. printed by t.b. for andrew hebb, at the bell in st. paul's church-yard., london, : . latin original not traced. the last leaf is blank. "on tithes"--thomason catalogue. annotation on thomason copy: decemb: st". reproduction of the original in the british library. eng bible. -- o.t. -- proverbs xx, -- sermons. sermons, english -- th century. tithes -- england -- early works to . a r (wing a ). civilwar no sacrilege a snare. a sermon preached, ad clerum, in the vniversity of cambridg, by the r. reverend father in god lancelot andrews: late l. b andrewes, lancelot d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion sacrilege a snare . a sermon preached , ad clervm , in the vniversity of cambridg , by the r. reverend father in god lancelot andrews : late l. bishop of winchester . vvhen he proceeded doctor in divinity : translated for the benefit of the publike . will a man rob god ? yet ye have robbed me : but ye say , wherein have we robbed thee ? in tithes and offerings . ye are cursed with a curse ; for ye have robbed me , even this whole nation . bring ye all the tithes into the store-house , that there may be meat in mine house , and prove me now herewith , saith the lord of hosts , if i will not open you the windowes of heaven , and poure you out a blessing , that there shall not be room enough to receive it . p. malachy . chap. . , . v. london , printed by t. b. for andrew hebb , at the bell in st. paul's church-yard . . sacrilege a snare . prov. xx . xxv . it is a snare to the man who devoureth that which is holy . it is commonly received , among divines , that the proverbs , which we read scattered and in parcels , from the xth. chap. are without method , not written in a constant tenor , as the former nine , by solomon ; but some at one time , some at another , as the matter and occasion afforded , were uttered by the king , observed by standers by , and , afterwards , not without great benefit , though without order , committed to writing . and other occasions there were for uttering others ( for , so wise a man spake nothing rashly or unseasonably ; ) but , for this proverbe now in hand , what hint was given , to what it was an answer , upon what occasion it was propounded , is not so evident . for what ? solomon was no grater on the laity , much lesse ( which is as infamous ) on the clergy . none more bountifull then hee , towards holy things ; none farther from alienating . whence then , or what had he to do with sacrilegious persons , or vow-breakers , whom this verse points at ? was there any in solomons time , of so cursed a stomach , that consecrated things must be his morsels ? any , in that age , such an enemy to holy things , as to devoure them ? of vowes , as to breake them ? so it should seeme : and indeed to this passe it came , that interpreters , of no small account with mee , are of opinion it was so ; and that there were some such in those dayes , of whom there are not a few , now . and that this pious and wise answer , was given by that wise and pious prince to those counsellors , who laboured to perswade him , that those things , which were given and designed by his father , by saul and samuel , and reserved in the threasury for the building of the temple , might be alienated , and spent upon court vanities . i shall diduce this a little higher . to david ( whom the holy scriptures call a man after gods heart ) god gave such a mind , being a man to his mind , that he judged it unseemly , the storm of war being now blown over , that he himselfe should dwell in cedar , and the ark of god lodg between curtaines . and truly it is an unjust demand of certaine men , that the church should be in no better condition , now flourishing with peace , then formerly she was , when groaning under the crosse ; never abound , ever in need. the temple must have its share in prosperity ; so thought david , so with david all the saints . in times of war and distractions the church must be content with goat-skins ; in peace , and setled times , she requireth carved works and cedar . to this therefore david wholly gives and applyes himselfe ; and , besides much formerly dedicated and stored up to this purpose , by saul , abner , samuel , and by him piously and faithfully conserved , he bestowed further at his own charge , both cedar and marble , precious stones and metals : and that not sparingly or grudgingly , and with an evill eye : for he expended talents of gold , of silver . and besides not content with that , partly by his example , partly by his perswasion , he wrought so far upon his nobles , that they likewise ingaged themselves in the like vow and promise : by whose bounty there was an accession , of talents of gold , talents of silver , of brasse talents , and talents of iron ; so great an accession , say i , that , which hapned in our memory in the taking from the church , did then in the addition to it , there was need of a court of augmentations , over which , the chronicles testifie , one iehiel was president . this so great weight of gold and silver , when david , at the point of his death , delivered to solomon his sonne , for the building of the temple , it being as yet in the threasury , and not brought into the temple ; that there were certaine court-ratts ( haply ieroboam and others of the same stamp , ) who would perswade the king , as they in the prophet , that the house of god needed no sieling ; as he in the gospell , that christs head might be well enough without ointment ; to what purpose is this waste ? that therefore he should apply it to his threasury , for which it was much fitter then the temple ; and that they , to this end , were ready to make inquisation into sauls and abners vowes , and ( which is easily done ) pick out some holes , find out some tricks , to make those vowes null and invalid . these counsellers were not effectuall with the true-hearted king , but such counsellers there were ; and it seemes probable to mee , that this was the occasion of this verse , and that the rabbies were not much out in their conjecture . that these counsellers were not effectuall , this verse declares ; which , with solomon and the like godly princes , will for ever stop the mouths of such petitions . and also , why they were not . for , it would be a certaine snare to himselfe , and the ruin of his kingdome , if he should permit so great a wickednesse . it is indeed a bait , sufficiently inticing , but wrapt about with a snare not to be avoyded . you see whether the words tend ( and at the first veiw deliver themselves ) viz. to the conservation of the sacred patrimony , to the repelling of sacrilegious hands from it , and stupifying or deading their teeth who do devoure it . which i would to god this our age could be perswaded of ; in which a wicked custome , hath prevailed , and growes dayly more and more , of laying hands upon holy things ; in which , there are no improvements to the clergy , ( would that were all ? ) there are frequent impairings ; i say , frequent impairings ; and i wish it might only be said , there are ; and that there might never be cause of using the future tense . but , i shall speak freely ; what for that unholy hunger after gold , there is nothing esteemed holy ; and the restitution of holy things is the pretence for sacrilege . adde to this humour of the present age , another errour ; that those worthies , not to be named without all honorable respect , whose help god made use of for the reformation of religion , were very sollicitous for the reformation of doctrine , but lesse attended the churches patrimony ; and almost said , what the king of sodom did to abraham , though in another sense , give us the soules , and take the rest to you. but as they , who thought they should find the baptist in kings courts , so they , that think they shall find abraham there , are both deceived . which errour , though a small one ( and a small one indeed it is , if we compare it with those great and famous acts performed by them ) yet , we may justly feare , if not seasonably withstood , will lie heavy upon succeeding ages : in which true-hearted honest men ( from that of solomon , pro. . . where no oxen are , the crib is cleane ) presage barbarisme , or somewhat worse , which i will not speake of ; falsly perchance , and i pray god it prove so , but not rashly , i am sure , not without cause . so that , in very truth , unlesse we would have the universities to be broken up , the clergy to be trampled on , and all that is called holy come to ruin , there lyes a necessity upon us to plead for the churches patrimony : that , which is left of it , let us aneil and rub over with this bitter juice ; let us shew them the snare in which they take paines to trap themselves ; and , that it is not lawfull for them to do what dayly they attempt , unlesse it be lawfull for them to blot this verse out of the holy scriptures . and indeed to confesse the truth , this blur upon our age , that holy things are so devoured , much troubles me , ( though there were , there were indeed , in solomons time , such , whose teeth itched to be at them . ) but this troubles me more , that we divines see these things , and are lukewarme , nay silent ; that we put up and devoure these devourings ; that ( which the apostle complaines of , . cor. . . ) we suffer if a man devoure us , if a man bring us into beggery . but this most of all , that we our selves , ( so it is ) dayly expose our selves to be eat and drunk up , as i may so say , by these devourers of the clergy . this is not the way , believe me , to effect what we desire . 't is the wish of many , and mine among the rest , that we may have a learned and a teaching clergy : grant it lord iesus , grant it speedily ; it is a holy and a wholsome wish : but , if wee suffer the churches meanes to be thus gnaw'd and shav'd , eaten , and devoured , a vaine wish . this was one peice of pharaohs madnesse ; he would have them sacrifice to the lord ; but not a sheepe or oxe to be allowed . exod. . . and this is our errour , our madnesse rather . commanders of armys are a great deal wiser : first , they take care for victuals , then for souldiers . but we dayly list many strong , good souldiers ; we bring them in no provision , nay wee suffer that they have to be taken from them . and ( which i have not seldome wondred at in these men ) wee are ever talking of increasing the light , seldom or never of allowing oyle . but we must preach for one , as well as the other , the oyle as well as the light . we must often and vehemently call upon men to remember the threasury of god : wee must labour to bring them to that passe solomon brought his , to esteeme it a part of religion , not to touch any thing set apart for religion ; to fast , rather then make their meales upon holy things : to give themselves for choaked , and strangled , if they should , even unwittingly , swallow down that which is holy : this if accomplished , i shall hope for dayes as good as solomons . if not — but i will not presage any thing greivous . i goe on to my purpose . the verse i shall divide , as it divides it selfe , into . parts . the one , concerning holy things not to be devour'd . . the other , concerning vowes not anxiously to be inquir'd into . the first , for my more distinct progresse , j shall part into . members . . what things those are which solomon calls holy . . who they are that devoure them . . they , that do , ingage themselves in a great sin , catch themselves in a snare . . of the first . by solomon in this chapter , that part of our substance is called holy , wherewith ( chap. . ver. . ) hee told us , god ought to be honoured . for not augustus alone hath power to tax the world , god hath also his power of taxing ; and that out of his full right over our goods . of which to take away all obscurity or doubt from any ; vnder the law he commanded two diverse coines of money . one stamped with the sword , and scepter of the prince . the other with the pot , and rod of aaron . by the one allotting to the prince his tribute , for his protection of us ; by his scepter , against injustice and contention ; by his sword , against hostility . by the other allowing the priest his due ; by whose labour it is gods pleasure of dry trees to make us live and flourish ; and , living to feed vs with heavenly manna to eternall life . god the father commanded both ; god the son paid both : doves to the temple , tribute to the prince . that first is the sacred tribute . of which to take a little more exact knowledge . four things there are , which in holy scripture are called holy . . among them that is the first and principall , for which the other are sanctified : i meane , the first fruits of the spirit ; namely holinesse it selfe , with which they must bee adorned , who looke to enter into that holy and heavenly hierusalem . it is the encomium given to god by the holy angells ( so by them , so by us , ) p. esay . . holy , holy , holy : so hath god commanded us under the law . be yee holy , for i am holy . so under the gospell , thess. . . this is the will of god even your holinesse : this is the will of god , ought to be ours . since a god the father hath chosen his church ( which we are ) before the world . b god the son redeemed from the world : and c god the spirit annointed in the world . you have the first , our sanctification . . but , for the begetting of holinesse , first , and then increasing it , in us , hee hath sanctified a second sort of holy things . to wit , foure meanes : the word . prayer . sacraments . censures . the word , principally ; d sanctifie them by thy truth , thy word is truth . to which prayer is coupled . e sanctified by the word of god and prayer . then the holy sacraments . of baptisme , ephes. . of the eucharist , hebr. . lastly , censures . these christ calleth f holy , not to be cast to dogs ; sanctified by himselfe , both to retain us in , and recall us to our duty . this the second . holy meanes . . further , for the exercising of these meanes , and applying them to that use to which he hath ordained them , hee hath sanctified a third sort of holy things : which is threefold . of the place , where . of the time , when . of the persons , by whom , they ought to be administred . . of the place ; which he therefore calleth holy , and the sanctuary , s. matth. , . . of the time ; which he calleth the holy day of the lord , p. esay . . . of the person ; whom he therefore calleth his holy one , deut. . . you have the third . . but to these persons thus imploy'd in divine offices , and making little account of their own in respect of holy things , a fourth kinde , viz. of holy tribute was appointed for their mantenance and lively-hood . ezechias , the best of kings , hath very well comprised the whole businesse , appointing a fit portion to the priests & levites , that they might more couragiously attend the study of the law . which portion that it should be deemed holy , there was an expresse command by god himselfe : both under the law , where the people was taught to say ; i have brought away the hallowed things out of my house ; which was , to acknowledge that which was payd to the levite as a holy tribute : and also under the gospell ; where , not only those things we are exercised in , but , those also which we live upon , are termed by saint paul , the holy things of the temple . so you have a fourefold sort of holy things , one issuing from another , and appointed for the conservation each of other . holy manners . holy meanes . holy persons . holy revenues . our busines is about this fourth . for no man gapes after , or fastens his teeth upon those three : this last , this , this it is , upon which they set their teeth and stomack . though indeed , as i shall shew anon , there is but one bit , one draught of all . truly , they are ty'd in a close and strong knot together , holy revenues , holy persons , holy meanes , holy manners . nor shall we be ever able to keep up holy manners without due meanes ; nor due meanes without fit persons ; nor fit persons without ample revenues and comings in . this therefore which solomon calleth holy , is the tribute of the sanctuary . but what is that , or how so called ? i shall tell you that , too . the holy scripture is plentifull about it ; but it may be reduced to two heads . of oblation . of indiction . . of oblation ; either by vow , or freewill ; that the hebrews call a neder , this b nedabah . these will fall into the second member , i will not prosecute it . only this i say ; the church had a patent granted her , by vertue whereof every one had leave to alienate and set apart what he would of his own to holy uses , and that either by way of freewill offering , or by vow ; whether it were person ; or beast , cleane or uncleane , of the flock , or of the herd ; whether houses or lands , of inheritance or purchase . the same gracious licence remained under the gospell , for any to lay downe , what , how much hee would , of his own , at the apostles feet , that is , to give , bestow , dedicate , consecrate his goods to god . . i come to the indiction , that which is set and determined . and sure there was a necessity for this , lest , if those freewill offerings should come in coldly , and the threasury of the church should be , as it is often , empty for want of a constant showre of manna , the priests should well nigh starve . i am to treat of a hard point , and ( that , which grieves mee most ) but briefly . it is certain that in every ones estate there is a sacred part . this is more obscure , what that is , or how much . abraham the father of the faithfull ( wholly to bee imitated by his children for the place and measure of their donation ) layd upon himselfe the tith , the leviticall law being not then written . how so , who declared to him the measure of the divine portion ? no doubt but the holy spirit to so holy a man . that same spirit , who before had tacitely dictated it to abraham , did afterward by an expresse law take order for that and no other portion , to bee payd to persons consecrated by him . indeed to some this seemes wholly ceremonial , as all things doe now a dayes that touch the purse . others will not allow any portion to be by natural right , nor so great by positive . that god was indeed as carefull for our sustenance , as he was for the levits . that there was nothing then reserved to the positive law , nor therefore now : and to this purpose they urge that in the . of st. matth. ye ought not to leave the other undone . i came hither to preach , not to dispute : and therefore betake my self to the more received opinion , that tithes have their force from the imposition of the church . for the same power which the church had of old to make ordinances , and to charg it self with a shekel or the third part of a shekel for the service of the house of god remaineth still the same under the gospel , in which you shall meet with {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , decrees and ordinances ; and those , not only , as st. paul testifieth , for almes to the poore , but also , for offerings . when therefore the primitive church would take order for a set allowance for such as attended the divine service , turning her selfe on all sides , and casting up her thoughts , she found out no equaler portion which she could ordaine , then that known old one and appointed by the law , viz. the tith of the yeerly comings in ; the most equal in respect of god and man . in respect of god , so st. augustine in the person of god . thou art mine , ô man ; this earth , which thou tillest , is mine ; these seeds , which thou sowest , are mine ; these beasts , which thou imployest , mine ; the raine and showers , mine ; the sun and heat , mine ; all , mine ; thou which lendest only thy hand , deservest only the tith ; but i grant nine to thee ; give me the tith . could a more reasonable speech possibly be made ? in respect of man , that must needs be most equal , which is not too loose for one , too strait for another . by this , there is a most exact equality : the rich are not spared , the poore are not opprest : which is the common complaint of the edicts of princes ; the crow , there , better then the dove . this portion therefore the church hath hallowed , and given that honor to god the author of this imposition , to beleive that he best knew the measure of his own tribute ; and that no councils of the church , no assemblies of the kingdome could settle that affaire more wisely , then it was of old provided for by the sacred law ; then the lawyer himselfe ( so absolute , that iustinian is no body to him ) had proclaimed many ages since . but then , you 'l say , she who imposed it , may , when she will , forbid it i think not , but , however , would not perswade her to it ; and that upon this ground ; both , because a dangerous custome might thence arise , to hold for sacred what we list , how much we list , as long as we list , if we grant that : and also , because the rights of inheritances ought to be most holy : and god calleth his covenants , covenants of salt , therefore not to be made and unmade , incroach'd upon , exchang'd , or repealed at our pleasure : againe , because an ancient law ought not to be antiquated , saving for its ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) weaknesse or unprofitablenesse . heer 's neither . for i see its strength from the author , consent , custome , multitude ; and not the mute or silent , but the expresse and clear approbation of all ages . and its use , as manifestly : for it hath a long time been imployed , without complaint of any , to that use to which it was appointed : and , unlesse the sinewes of it had been cut by certaine improper proprietaries , it had been better imployed , neither would the church have ever complained in that point . and then , lastly , because , where by crafty counsell the tith hath beene chang'd into a stipend , they wish it undone : thence many errors , deceipts , difficulties , complaints have risen . there was a complaint of the church of scotland exhibited to the parliament at edinburgh , a. d. mdlxv , when i read the eighth leafe of it , it pities me for them : i say no more , but what the boys use to sing , felix quem faciunt , &c. happy they , whom other mens harms make to beware . let this custome then stand inviolable ; and so i shut up this first part , with telling you , that whatsoever is either dedicated by vow , or imposed by law is holy ; and ( in the language of the twelve tables ) qui clepserit repserítue , sacrilegus esto : whosoever diminisheth or devoureth it , is guilty of sacrilege . you know now what are holy things . what it is to devoure holy things , which i promised to shew in the second place , now learne : the prophet malachy , for the old testament calls it a to rob ; saint luke , for the new , b {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to defraud , or divert . in which point solomon seemes to mee to have used a most fit word , when he called that devoured , which was most properly to be said to be alienated . . for , when we eate of our owne , we eate , as mannerly people doe , by morsells , well chewed and ground : if it be anothers , we snatch at it , and , lest the true owner of it should come upon us and take the bit out of our mouthes , we swallow it down suddenly and all together . in that respect , first , properly said to devoure , because not our own . secondly in this , because greedily . look me upon seneca's mastiffe , or rather the p. esays dog , gaping at the table , never stirring his eyes , but wagging his tayle , and fawning upon you , while you fling him somewhat . and then shew me one of our clergy-devourers stretching his chops and soul upon the church , meanes , gaping , and his teeth itching to be at them , ever and anon up with , give me those grounds , give me that superfluous farme , that decayed church . i pray what difference ? in that respect , secondly , because greedily taken . againe , mark that dog well , you shall see him not only greedy , but one that cannot be satisfied , never having enough . if a bone be flung to him , 't is down in an instant , and he 's gaping againe , no lesse then afore . in like manner , you may observe these to be ever craving , sick of a dropsie ; their thirst increaseth with their drink ; you may know them to be a kin to the horseleach , whose daughters are ever crying , * give , give . lastly , what usually falls out to such devouring and ravenous creatures , as kites , wolves , locusts , that they are ever starvlings , none of them growes the fatter , or in better case ; even so to these . iust as pharaohs leane kine eat up the fat ones , and yet were ill favoured as before ; so these are ever snatching , and ever in want , god blowing upon their goods thus gotten , that we may even wonder what is become of that masse of treasure which , not many yeares since , went into the stomach of the common-wealth . let this tell us what it is to devoure : namely , greedily to swallow down , what is not ours but gods , with which we shall not be nourished , nor satisfied . i have done with the thing : now breifly of the persons . there is a twofold sort of men . such as have no right at all . such as indeed have a right , but shamefully and wickedly abuse it . . such as have no right : their sin is a hundred times more heinous , though both's be heinous . for if hee sinneth , who flingeth away that which is his owne ; how great a sinner is hee , who taketh away that which is anothers , to which he hath no right , no nor any capacity of right ( as they say ) and that with injury to god ; and that not to any god , but the living god . every one his owne ; so iustice wills : this is their owne ; but so theirs , that , first , gods : and these men sin , first , against heaven , then against vs : for his primary right god reserveth to himselfe . if every ones owne to the true owner , then , what is gods , to god . but these are gods , if we will believe god . gods , twice , indeed . first , by his creation ; so that wee must all necessarily say with david , these things which wee give are all thine owne : we give thee but thine owne . by his creation , first ; by our dedication , secondly . which god by a secondary right hath made over to vs , as most just that we , who are constituted for men in the things which appertain to god , should be constituted for god in those things which appertain to men ; that we , who reach to men the things which are gods , should receive , the things which are gods , from men . god hath made over to us this right , and that so strictly , that it is lawfull , not only not to take any thing away , no not by ignorance ; but ( which is lawfull in civil matters ) not to sell ; i say not , not all , but not a part . not to sell , not to buy ? much lesse then to devoure . and truly this is not his fault alone who extorts it , but the magistrates too who permits it : whereupon that good prince nehemiah protesteth , not only that he did not take away the holy things , but , that he was absent from the city , when they were taken away . and that if he had beene present , rather than have suffered it , hee would ( with artaxerxes ) have bestowed somewhat from his own exchequer , or ( with pharaoh ) from his own table . i say therfore , that they , who cut the levits short of what they ought to receive , offend against god , whether they do it by force or by fraud ; whether they imploy it to pay souldiers , or build houses ; whether they do it for profit , or pleasure ; whether they invert all , or but a part . by force wicked athalia breaking into the house of god , and taking away all that was therein : by fraud wicked achan privily digging in his tent , added the saered spoyles to his own household stuffe . ioas pretended to provide for the publique good ; for with the threasurie of the house of god he procured conditions of peace , but a slippery peace ; for he devoured the holy things . ieroboam seemed to intend the publique honor ; for he built shechem , and phenuel ; but in blood ; for it was with the spoile of the temple , and the alienating of the tithes : tobias furnished himselfe a chamber in the porch of god , for his profit and convenience : baltazar for his pleasure drank out of the vessels of the sanctuary : all of them were sacrilegious . finally , not only that epimanes who ransackt all ; but iudas also , who was so bold as to thrust his sacrilegious fingers into christs bag , though content with a part , was guilty of the same crime : as was likewise that sacrilegious couple , who durst invade the church threasure , and detein but a part of that which had touch'd the feet of the apostles . every one of these was guilty of sacrilege . now we must speak concerning the second sort. a kind of men there is indeed , who have a right , but they wickedly abuse that right . you think , perhaps , i will go far hence to seeke ; i stir not a foote , i move not hence ; we are the men ; and even amongst us , there are many , too too many , who devoure holy things . for ( which , it is to be feared , some of vs do ) by sloth and idlenesse , to tarry here like drones , to fling away our precious houres , to flow in luxury , to be at leasure for feasts , and playes , and vanities , to do these things , and yet to fatten our selves with those things which are consecrated to holy uses , this is , in our saviours judgment , to devoure , and spend our fathers goods in riotous living . i will come nearer yet . a great part of that former devouring came from our selves : and therefore are holy things devoured by others , because they are devoured by our selves : and indeed as lawfull ( think some ) for them , to gather the holy tiths , and to neglect the holy duties , as for us . and truly ( to tell you my feares ) they who now sheere the fleece , will one day pull off skin and fleece together ; they who are now gnawing at church meanes , will consume them at last with open-mouth , unlesse god chang our minds and manners . for sure there is no throat so holy , that it can be lawfull for it to consume the things that are holy ; it is lawfull to eat , to feed upon them : but to devoure them is , not only unlawfull , but , a high wickednes , not only for those locusts , but even for us too . may there be heapes , heapes of provision , but for them that war the holy warfare ; let them that partake of the altar , wait at the altar . cor. . . but to him that partakes and waits not , that spends the meanes , and attends not the work , to him it is sin . i speak not this that the people may purloin the ( preists ) wages : they may no more take from the shekel of caiphas an evill preist , then from the tribute of tiberius a wicked prince ; to both they must give their due , though they do not performe their duty ; both of them are the ministers of god , and stand or fall to him . both take that , which belongs to god , if they take it with sacrilegious hands , and must give an account to god . i speak it to this end , as wishing both in a better mind , laity and clergy . them , that , for the future , they would be quiet and forbear to devoure holy things , by unjust detention and alienation ; these , that , for the future , they would labour and forbear to devoure holy things , by idlenesse , and misimploying . what it is , who they are that devoure holy things , is now clear , i would it were not so clear . him , that shall , what is like to befall , ( which was my third proposall , ) now hearken : it is a snare . that some such there should be , who would do it , solomon foresaw ; and future ages have prov'd too true . in truth there is such a cursed holy hunger , that there will be theft , there will bee sacrilege , there will be a totall overthrow of all that is called holy , unlesse god himselfe take order , to the contrary , by immediate command , countermand , nay by thunder and lightning , and so provide that they be untouch'd : 't is so sweet a bit , so pleasant to the palat , so full of delights , that you may rend their chops , and breake their jawes , yet you shall get it from them . this is not as it should be ; solomon therefore adds , let them eat and drink holy things , if they like them so well : perhaps the bait may please , but under the bait there lyes a hook , which they swallow with it . let them take heed of the bait , there is a net not far off : let them not meddle with the field , it is an acheldama , a field of bloud . let them not take away the gifts of the temple , for they are wrapt about with the anathema of heaven , a curse for the spoylers . by which word solomon very aptly , and elegantly compareth the whole matter , whereof he treateth , to fowling , wherein satan the great hunter of soules , ( for so h. david , psalm . . so saint paul calls him , tim. . . ) waiting for his prey , layeth out , for his bait , church lands and revenues , but covered over with the crime of sacrilege , as with a gin or snare . there you may see our clergy-eaters , who ( as pharaoh thought , when he opprest the church , come let us deale wisely ) take themselves to be very wise , having made a gaine of holy things , hasten to the snare with those foolish birds , ( prov. . . ) not knowing that it is for their life : fly as soone as the● see the prey , to take , but are taken , and devouring the prey , are made his prey , who goes about , day and night , seeking whom he may devoure . it is a most true saying , that in every sin there is a bait and a snare , a bait pretended , a snare which lyeth hid . the bait , some little profit of iniquity , or some small trifling pleasure of sin ; the snare , the sin , with its sting , viz. the fearefull curse of the law . i will not go far hence ; chap. . v . . in wandring lust : the bait , the lips of the harlot , distilling nothing but hony ; the snare , the reliques of sin more bitter than wormwood , more sharp then a sword . chap. . v. . . in luxury and drunkennes ; the bait , the colour of the wine in the glasse , the tast in the palat ; the snare , the biting as of the serpent or basilisk , which with its sting brings certaine death . in this very chap. ver. . in stealth ; the bait , bread of deceipt , stollen , got without sweat ; the snare , sin filling the mouth with gravell , whence necessarily followeth the gnashing of the teeth . every sin , i say , hath its bait , and its snare : but this ( in of sacrilege , more and above all other . the bait , i take for granted : the snare i shall shew , if you please , even in prophane stories . cambyses , who rifled the temple of iupiter hammon , found it destructive to himselfe : brennus , who robbed the delphick , found it destructive to himselfe and his . crassus who did as much to the temple at hierusalem , was forced to swallow downe melted gold with the same chaps , which he had before devoured the holy things with . had you rather have sacred stories ? i follow your desires in that too . dathan , who had but a mind to devoure holy things , was himselfe devoured of the earth . achan , who was the first that adventured to add the sacred wedge of gold to his owne housholdstuffe , was devoured of a heap of stones in the valley of achor . baltazar , when he held the sacred vessells betwixt his fingers , saw , over against him on a wall , fingers , which proved fatall to his life and kingdom . athalia , slaine with a sword within the close of the temple , of that very temple , whose threasure , it is not long since , she tooke away . but because 't is an easie matter to find the just vengeance upon sacrilege , under the law , and the credit of the old testament is in this point suspected , i had rather shew it from the new . there , iudas who first filch'd from his masters baggs , afterwards betrayed his master himselfe , and , as a just punishment of his former sins , taught us by his miserable example , that there is an halter , a snare , which lyeth hid in these holy things . this befell him who theiv'd from christ . but they , who first dared to make an inrode upon the church stook , ( though it be all one ) i say not to take it away being given , but only to detein it , before it was given , ( the gospel it selfe making no plea , nor interceding for the fact ) were choaked with a sudden and most horrid death , upon a word of the apostle . vpon which place i will stand a little more : for it is , as the fairest , so the most apposite and full in this point . first , then , it is evident that things may be consecrated to holy use , even under the gospel . secondly , that being so consecrated , they are no longer ours . thirdly , that , since they are not ours , they cannot be deteined without great sin , not taken away without greater . fourthly , that whosoever doth one or t'other , doth it therefore , because satan hath filled his heart . ( sacrilegious persons , then , are filled with satan . ) fifthly , that this kind of men is to be punished with death , not only with censures . sixthly , and that death sudden , that there should be no space for the expiating of so great a sin . and , seventhly , with death immediately from heaven , wherby god declared , as it were from heaven , that he himselfe was the avenger of so great a wickednesse . these examples , fathers and brethren , are from the gospel . the gospel is no milder against these men then is the law . and even the gospel itselfe , the minister of life , hath its snare , a snare of death , for that man , for that conscience , which makes no conscience or religion of devouring what belongs to religion . yes , but how many sacrilegious persons hath no such thing befallen ? for it is not usuall or perpetuall which is inflicted on a growing mischeife : neither doth solomon say it is ; that they shall be taken in the very act . but what he saith , is usual , neither do examples fail us ; for , though they may escape the light and day for a while , they shal not escape so ; solomons snare will take them by the heele . for the snare he speakes of , is the snare of a fowler ; in which perhaps the bird , that is taken , is not presently strangled , but tangled by the foot or neck , oftimes till the evening , and oftimes longer , till the return of the fowler . many times the destruction is slow , but ever sure . i beleive you have observed , that the holy scriptures speak not of the punishment of wicked men , alwayes , after the same manner . the wrath of god is sometimes as a storme suddenly rushing down all before it ; sometimes as a net taking for the present , and after a while slaying . in p. esay , ( chap. . v. . ) it is an axe suddenly cutting down : and it is a moth consuming by peicemeale . in p. hosea , ( chap. . v. . ) he saith , he will be a lyon to some , to others rottennesse and a moth : a lyon , which teareth in a moment ; a moth , which weareth out insensibly and by degrees . the apoplexie killeth one way , the hectik another , but both kill . a ship perisheth one while by neglecting the pump : another while by the overflowing of the billowes ; but both wayes it perisheth . that thunderbolt of st. peter effected the businesse sooner ; this snare of solomon , slower : but both this and that bring the same businesse about , have the same issue . this is the fruit of sacrilege . men fly upon the bait , nay into the net too , but being wholly intent and set upon the prey , they tast its sweetnes , but take no heed to the danger , with which they intangle and snare both soul and conscience . not so indeed , that they come suddenly to ruin , but , feast upon this worme , while they have devoured all ; but when they would get loose , they shall find that they are held with the cords of sin , pro. . . with the snares of death , psal. . and that the judgment , which , perchance , rusheth not suddenly upon them , but waiteth at the doore , is not to be made slight of . that the fowler will come at last , will certainly come , and the soule so insnared shall be his prey ; a prey , i say , to the devil , ( god and what belongs to god , having been formerly his prey ) by that most just sentence , p. ier. . . they that devoure thee shall be devoured . i have shewed you the snare . and that is layd for * man . both him that sins , and others for his sake . for such is the nature of this sin , that it reacheth all the camp over , that it makes the whole common-wealth a valley of achor . touching the sacrilegious person himselfe , we have told you , that he provides very il for his own private fortune , into which he bringeth this cursed gain , as a pledg or earnest of misfortune . these holy things will eat out the bottom of his bags , in which they are crowded , and will make them full of holes and rents . this feild will blast and burn up all his other feilds : this stuffe will bring a consumption upon all the rest ; the punishment , this , denounced by the p. haggai . worse , then so , betides their souls , which they fill with satan , who catcheth them in an inexplicable snare , and reserveth them to that iudgment which is insufferable . i will speake breifly , both of the common-wealth , and of the church . when this sin is once admitted , god sendeth a devourer upon the state , for the devouring of his holy things . either the catterpiller , p. malachy . . or men worse then the catterpiller . the kings of israel , when they once plundred holy things , had no peace , but much trouble and vexation , going out or comming in ; what they took from the temple , they were forc'd to fling away upon the souldiers , the camp-locusts . in s. augustin's time , when the president of the provinces rifled the sanctuaries , that people was not inriched by it . what they tooke from the temple , they were forc'd to fling away upon the lawyers , the bar-locusts . because devotion to god decreased , the commings in to the exchequer increased . one devourer follows another , either a brigade of souldiers , or a swarm of lawyers . there will be a snare for certain ; or a snare of law , or a snare of taxes , or a snare of war : doubtlesse , god will raine down snares upon such a nation . now breifly , touching the church . but , there , when the holy portion is devour'd , all that is holy is devoured with it . for by weakning the hands of the present clergy , and alienating the minds of others for the future , either there will be no prophet at all , or he , that shall be , will himselfe be a snare in the waies of israel . the people will become the prey of the dragon : of that dragon who standeth before the woman now ready to bring forth , that , when she hath brought forth , he may devoure it . for certainely a greater sin then sacrilege lyes under this ; and ( what i admonished at the first ) these men are , not only sacrilegious , but , to be taken for enemies to all that is called holy . for whereas these foure kinds of holys cleave , and are , as it were , bound up together , holy manners . meanes . persons . revenues . there is but one bit of all ; and , it cannot be but , he , that shall swallow one , must needs swallow all the rest , at the same draught let there be no revenue , there wil be no levite . h. nehe. . . do you see al this great assembly ? every one of them will betake himselfe to the country , and give over the house of god , unlesse order be taken for their sufficient mantenance . let there be no prophet , there will be no prophecy , no law . if those be but once gone , there will be no learned preist , to teach the people . the holy spirit joynes these two together . chro. , . without a teaching preist , and without the law . let there be no prophesy , and there shall be no people . k. solomons word for it . prov. . . the issue of all is ; those men , who devoure holy things , devoure also the prophets , as they did their iudges . but they , who devoure the prophets , devoure soules . they , that devoure soules , devoure the people of god as it were bread . whosoever then swallow down holy things , are the gulfs not only of revenues and mantenance , but also of the prophets ; of sermons , of soules , of kingdoms . let no man deceive you with cunning words ; as salvation is not without the word , nor the word without a prophet ; so , most certain it is , that , there will be neither prophets nor schooles for the prophets , long , without liberall mantenance . say i these things after the manner of men ? say not the holy scriptures the same also ? what all heathen writers inculcate , that , honour is the nurse of the arts , the same doth st. paul , thrice in a verse , affirme to be the nurse of divinity . that we must plow , sowe , thresh , in hope : that without this hope of carnal things , we may bid adieu to the harvest of spiritual . k. solomon said , where the crib is empty , the oxen faile : he said it for us : who in vaine expect well manag'd oxen , unlesse we store up provender for them . a wiser then k. solomon said , though not of this matter , yet not beside it , unlesse there be a carcass there will be no eagles . he said it to us , who in vaine expect eagles , if we take away the carcass . the study of divinity must have its incouragements . for christ and his college were not begging fryers , as some have determined . no , but he had a bag , and that so larg● , that he could buy with it not only what was needfull , but also give unto the poore . and st. paul will's that there be an abundance , not only in almes , but much more in offerings ; ( for we must understand him to speak of both , as i formerly acquainted you . ) bountifully , not sparingly , not only supplying want , but also abundant . besides , he that will have a bishop to be given to hospitality , as well as apt to teach ( and indeed if there be any prejudice against it , he puts , in the first place , given to hospitality ) would have him to be not only well furnished from his study , for doctrine ; but also from his chest , for hospitality . and , lastly , he is of opinion that they wither in the faith , who are so tenacious , such holdfasts . and that , if at any time their faith increase , our condition and fortune will be mended . the condition of the clergy ought to be , such as should be , nearer envy , then mercy . look upon the old canon . one part of consecration was annointing ; another , filling of the hand ; and , where the last failes , the first is also wanting . so under h. moses ; dathan envyed at it . the levits must have , asuppim , their gatherings , and , parbar , their store . so under k. david . there must be heapes , great heapes , enough to eate , plenty , great store . so under k. hezechiah . nor was there ever a merrier world , then under those kings , who have been bountifull to the levits . nor ever a more dismall face of the state , then under those kings , who look'd with a malignant , envious eye upon the levits . look upon that anarchy of the iudges ; see the levits wandring up and downe : the reason : why , their wages were ten shekels . look on saul's time ; the ark was not sought to in those dayes : the reason : why , their fortune was to bow themselves for a piece of silver , and a bit of bread . doeg was in more esteem then was ahimelech . look on ieroboam's . whosoever would was consecrated preist , even of the lowest of the people : the reason : why , the lowest are fit enough for the lowest condition . and , with us , ( fathers and brethren ) if we would fling away our paines at so low a price , as some , now they have bras'd their foreheads , sticke not to say ; any , that can but weare a long gowne , and prate by the houre-glasse , and huddle out much , no matter what , to the purpose or beside , shall bee a fit prophet for vs . what remaineth , i shall give you in a word . consider wee how god , in the prophet zachary , chap. . v. . when hee had thoughts of forsaking israel , forsooke them upon this very point , because they requited his paines with too cold and beggerly a reward . doe you heare ? quoth he ; if you think good , give mee my price : and , if not , forbear . when they had weighed him some money , viz. thirty pieces , he , in indignation , flyes out into these words ; surely , a glorious reward , a goodly price that i am prised at of you . and he broke the staff of the pastorall office , and made voyd whatsoever good he had purposed to that people . this example was not given in vaine . believe me , this happens dayly to excellent spirits , and full of god , ( unlesse there be perchance one or two , an eldad or medad ) who sometimes have these thoughts , and tacitly speake thus to themselves : alas , this of its owne nature is a weighty burthen ; but , by the pharisaicall laying on of load , ( which yet they touch not with the little finger ) is now made infinite ; the place is slippery , and full of cares and troubles : will there be any reward ? when they see that men are cold in that point , that they must take pains at a low price , that infinite labour is required , and thirty pieces shall be payd for all ; many who otherwise incline to the study of divinity , break their staves , betake themselves to other studies , and fall off from their purpose of consecrating themselves to these studies , and to this sacred work . which that it may not come to passe , ( fathers and brethren ) that there may be no more breaking of these staves , apply early remedies to this disease . free the church from that taile of prophets , which is otherwise likely to happen ; free the common-wealth from these snares of troubles ; free your selves from the bloud of so many soules , which daily perish by sacrilege . often urge this text , and others like it . i take it for granted , and confessed by all , that a learned clergy would be an excellent and most desired thing , so we might see grounds how it may be effected . which that it may be , it seemes to me to be the better course to inculcate this point in our sermons , then ( what we have long done with lamentable successe ) to bite and teare one another , while at length we be consumed one of another . vnlesse this be done , truly the wasts and ruins of the church are manifest : but the buildings or materials of the building appeare not . i see the decaies , and dilapidations , but , how they should be repaired or made up , i see not . i cannot hope that things will be better then they are : that they will be worse then they are , i can feare . i have treated of a subject , as i often think with my selfe , necessary to be treated of and thought upon . my judgement concerning it , and myselfe too , i , a prophet of the same order , though not of the same worth , submit to you who are the prophets , and fathers of the english prophets . the true light of the world inlighten our minds with his light , that we may not only see the vices and corruptions of the present times , and search out the causes of them ; but also that we may dislodg them out of those things which are of greatest moment , and apply our selves with all our might to remove them . let us , what lyeth in us , make the church to flourish , and keep it so being made . finally , let us reflect upon hierusalem , as the cheif of all our joyes , through iesus christ our lord . amen . some beleived the things which were spoken , and some beleived not . acts. . finis . octob. the th . . imprimatur iohn dovvname . notes, typically marginal, from the original text notes for div a e- sam. . . philip , . ● . chro. , . . chro. . . chro. . . chro. , . p , hag. , st. mark . . what things are called holy . levit. . a eph , . , b eph. , c st ioh. . . d st. joh. . . e . tim. . . f s. matth. . . chro. . . deut. . . cor. . . a a vow , simply . vid. gen , . . b a free-wil offering . vid. levit. . . deut. . . joyned with missah . levit. . acts . . gen. . . numb. . . h. nehe : . . acts . . cor. . acts , . what it is to devoure holy things . a p mal. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} b acts. . . p. isai. . . * pro . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} gen. . who the persons that devoure , such as have no right . rom. . numb. st. matth . chro , , levit. . p. eze , . . h. nehe. , such as have right , but abuse it . s. luk. . . chron. . . . s. matth. . . rom. . . their punishment who devoure . exod. , . numb. . h. ios. . p. dan. . . . kings . . act. . . h. ios. . * {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} p. hag. . . . . acts . . p. hos. , . revel. , ● p. hos. . . psal. . cor. . pro. , . st. matth. . . s. joh . . cor. . : cor. . . . tim. . . philip . . . chro. . . chron , , iudg. . . . sam. . . sam , . kings . p. isai , . . p. eze. . . . gal. . . queries concerning tythes to the priests and bishops fox, george, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) queries concerning tythes to the priests and bishops fox, george, - . broadside. s.n., [london? : ] signed: g.f. imprint suggested by wing. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng society of friends. tithes -- england. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion queries concerning tythes to the priests and bishops . i. was not tythes to be paid to the levites which had no lot amongst the rest of the tribes ? and was not the decayed widows , and fatherless , and strangers , which had no lot , to have part with the levites in their lot ? and so eat , and drink , and praise the lord together , the tythes being the lords . ii. and did not christ come to end the levitical priesthood that took tythes ? and did he not end tythes , and the command that gave them , and also the law by which the priesthood was made ? and so did not christ put down all ? iii. and was not tythes called a heave-offering , and a shake-offering , and a wave-offering ? and did not christ by offering up himself once for all the off●rings , end all ? not onely the offerings of bulls and goats , but the heave an● shake-offerings of tythes ? and if so ; then do not they that hold up the heave-offering of tythes , and wave-offering , deny christ come in the flesh , and offered up once for all ? iv. did any receive tythes , or pay tythes , but only the jews , by the command of god ? or had ever the gentiles priests a command to receive tythes , or the people of the gentiles to pay them to them ? or are we outward jews ? or are they the outward priests and levites to whom we must pay tythes now ? v. or if you hold that tythes are not to be paid jure divino , as you formerly pleaded , but by the law of the nation , then do you make that law not to be of god , and so not being jure divino , is it not jure diaboli , and from the corrupt nature and power ? and how can that be called civil right , which is not civilized by the power of god ? vi. and if you say the law commands them to be paid to god and holy church ; will you say the priests and bishops are god and the church ? would not this be ridiculous ? seeing the poor hath no part , the widow and stranger hath no part , according to the law of god ; and that though the jews were as the stars of heaven , and the sand of the sea , yet the decayed widows and fatherless , who had no lot , were to have their lot with levi of the tythes , that there might not be a begger amongst them . vii . and after christ jesus had ended the first priesthood , offerings and tythes ; and they that were believers in him , called christians ; was there not another provision made for the poor amongst the christians then tythes ? as you may see in the first conversion , and the first ages of christianity , that there might not be a begger among the christians , according to the gospel order , and law of jesus , as you see in the acts , from the counsel of the apostles , when they said , chuse you seven men , fearing god , hating covetousness , full of the holy ghost , to be set over the christians at jerusalem , to see that nothing be lacking among them ; and if nothing be lacking , all is well . viii . did christ give any such command either among the christian jews , or christian gentiles , that they should receive or pay tythes ? or was there any mention of tythes among the christians for several hundred years after christ ? and was not the first paying of them in england , for praying of peoples souls out of purgatory ? ix . and hath not christ said to his ministers , freely you have received , freely give ? and doth not the apostle say , he coveted no man , silver , nor gold , nor apparel , that he might be an example to all that came after him ? and also said to timothy and titus how bishops should be qualified , not covetous , not greedy of filthy lucre ? and so here have not the teachers and priests of christendom forsaken that order of jesus , and the apostles , who take tythes of peoples estates , and will not preach without them ; and also take away the tenths of them they do not preach to ; and if they will not pay them , sue them , and cast them into prison ? and would not such , if they had been in the apostles dayes been ridiculous , who serve not our lord jesus christ , but their own bellies ? and if they were not justifiable then , how are they now ? g. f. the record of sufferings for tythes in england the sufferers are, the seed of god, or, the assembly of his first-born, or, the first fruits unto god in england, in this age, who are called to be faithful, and have been found faithful, therefore have we suffered willingly the spoiling of our goods, for to us the truth is more precious then our estates, lives, or outward liberties, and thererfore hath the lord accounted us first worthy to suffer for his name sake, and to be as lights in this deceitful generation : those which our suffering is a testimony against, is that priesthood which is light and treacherous, which in all ages the lord raised up faithful witnesses against : ... : and in these dayes we may say, that they are worse then any troop of robbers, or any that preached for hire that ever went before them, as will appear in this book following, by their devouring vvidovvs houses spoiling mens goods, and destroying mens persons / given forth from those whom the lord regards, who do tremble at his word, for which cause we are in scorn called quakers ... hubberthorn, richard, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the record of sufferings for tythes in england the sufferers are, the seed of god, or, the assembly of his first-born, or, the first fruits unto god in england, in this age, who are called to be faithful, and have been found faithful, therefore have we suffered willingly the spoiling of our goods, for to us the truth is more precious then our estates, lives, or outward liberties, and thererfore hath the lord accounted us first worthy to suffer for his name sake, and to be as lights in this deceitful generation : those which our suffering is a testimony against, is that priesthood which is light and treacherous, which in all ages the lord raised up faithful witnesses against : ... : and in these dayes we may say, that they are worse then any troop of robbers, or any that preached for hire that ever went before them, as will appear in this book following, by their devouring vvidovvs houses spoiling mens goods, and destroying mens persons / given forth from those whom the lord regards, who do tremble at his word, for which cause we are in scorn called quakers ... hubberthorn, richard, - . [ ], p. printed for tho. simmons ..., london : . "to the reader" signed: richard hubberthorne. reproduction of original in huntington library. eng tithes -- england. a r (wing h ). civilwar no the record of sufferings for tythes in england. the sufferers are, the seed of god, or, the assembly of his first-born, or, the first fruits [no entry] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the record of sufferings for tythes in england . the sufferers are , the seed of god , or , the assembly of his first-born , or , the first fruits unto god in england , in this age , who are called to be faithful , and have been found faithful ; therefore have we suffered willingly the spoiling of our goods , for to us the truth is more precious then our estates , lives , or outward liberties , and therefore hath the lord accounted us first worthy to suffer for his name sake , and to be as lights in this deceitful generation . those which our sufferings is a testimony against , is that priesthood which is light and treacherous , which in all ages the lord raised up faithful witnesses against ; for isaiah said , that they were all blind and ignorant , and dumb dogs , and never had enough , isa. . , . and ieremiah said , that the prophets prophesied falsly , and the priests did bear rule by their means , jer. . and ezekiel said , they fed themselves , and not the flock , ezek. . mica said , they preached for hire , and divined for money , mic. . . and hosea said , that they were as a troop of robbers that did wait for a man , so the company of priests did murther in the way by consent , hos. . . and in these dayes we may say , that they are worse then any troop of robbers , or any that preached for hire , that ever went before them , as wil appear in this book following , by their devouring vvidows houses , spoiling mens goods , and destroying mens persons . given forth from those whom the lord regards , who do tremble at his word , for which cause we are in scorn called quakers , whom the lord hath raised up as his army , before whom the nations shall tremble , ioel . and bow down their backs always before the truth . london , printed for tho. simmons , at the bull and mouth neer aldersgate , to the reader god hath a great work to do in this generation , to pull down the abominations which hath long reigned , and many are straitned till it be accomplished ; and onely such must be exercised in this work , who are called , chosen , and faithful ; many have been called , but have not been faithful , but have destroyed in their works , that which they seemed to have established by words , and was not faithful to witness the life of their words by their works ; so that by a true search we have found the words of righteousness in many , but we have found the works of righteousness but in few ; and though god hath shined into the hearts of many by his light , yet there are but few children of it , in comparison of the disobedient : the eye of god hath looked into the world , and he sees men differ more in words then in life and conversation ; and some in words do witnesse for god , but in their works deny him : as for example , how many of late yeers had a zeal stirred up in them by the spirit of the lord against the abominations of the priests , and the oppression of tythes , preaching both down , even as that which denyed christ to be come in the flesh : so that if words had ben that which would have finished the work , the land had been clensed before this time of that abomination ; but the lord hath brought a tryal upon such spirits , whether they will own their testimony through the spoiling of their goods , and imprisonment of their bodies and therefore hath god suffered an earthly power , and a law to try them , and now they do rather deny their testimony , then suffer by that law which gives the priests tythes ; as for witnesses , most of the baptized people in england have betrayed their testimony and profession in that thing : and how are you worthy to be called saints which bear such a testimony ? can this equally be compared with the testimony of the saints of old ? did they cry down false worships and false teachers in words ? and did they uphold them by giving them wages ? have you not herein sinned against light ? did you not once see that they were never sent of god ? and will you now uphold them because you cannot suffer for your testimony ? is not your paying them wages , and giving them tythes , a greater witness for them then your preaching them down in words is against them , and may they not herein rejoice over you ? christ is not herein your example , which for this end was born , and for this end came into the world , to bear witness to the truth , and did finish the work which the father had given him to do , and was made perfect through sufferings ; but such never need suffer who preach down deceit in words , and hold it up in works . and the apostles is not your example , for they were in works that which they declared in words : therefore hath god cast you by , as not fit to be labourers in his vineyard : but a people is the lord raising up , whom he is giving his holy spirit unto , whose witness to him must stand as well in works , as in words , who love the truth more then their lives or liberties , goods or estates , and are valiant for it upon the earth , which cannot be subject to the powers of darkness , nor the rulers of the darkness of this world , but believeth that whatsoever they deny for christ in this life , they shall receive a hundred sold , & in the world to come life everlasting . and these are they whom the father will exercise with his holy spirit , in the gathering his seed from the ends of the earth , and for the turning of many to righteousness ; and such shall shine as the stars in the firmament of heaven , when as the false and deceitful witnesses shall be turned into darkness , because their testimony is not able to endure the tryal ; for the lords house must be built with tryed stones , that the winds of persecutions cannot blow it down : and upon such wil his light arise , who when they are tryed , are found faithful , and who are counted worthy to bear a testimony in this work , though it be through sufferings , in this day , when the powers of the earth have set themselves to wear out the saints of the most high god , by changing times and laws , whereby to restrain the liberty of the lords people , whose worship stands in the spirit , and in the truth . times they have changed by a law , in making the first day of the week to be their sabbath , but that day is more profaned then any of the seven . and laws they have changed , to get a ground to stop the word of the lord from having free course and free utterance among the people . these seek to scatter the power of the holy people , and to cast the truth to the ground by their acts of cruelty , and decrees of unrighteousnesse , and by a tollerating cruelty and oppression among a company of priests , which are worse then those in hosea's dayes , who then were , as a troop of robbers that wait for a man , even so the company of priests murther in the way by consent , hos. . . and saith the prophet , i have seen a horrible thing in the house of israel ; but now may we say , vve have seen a more horrible thing in the land of england , even a company of priests taking mens horses from their work , their corn off their field , driving away their oxen and kine out of their pasture , taking their wool out of their barns , taking away their brasse and pewter out of their houses , taking away their bedding off their beds , even off the childrens beds : such a horrible thing was never seen in israel , for the priests robbery was not so great then , as now ; for they did never so spoile mens goods , nor destroy mens estates , nor imprison mens bodies , as now in england the priests have done ; so that they do not onely exceed the false prophets of israel , but also all the robbers both in israel and in england , hath not spoiled so much goods and cattel as they have done within these five yeers , some without any law , or pretence of laws and others by false oaths and false witnesses , and the law not permitting a man to give in a true witnesse except he will swear , contrary to christs command , who saith , swear not at all : which swearing is as great a sin as bearing of a false witness . and by these things do they seek to wear out the saints of the most high god , first takeing away a mans goods , and then casting him into prison ; as christ said to the saints , so is it come to pass in these dayes also amongst us , the devil shall cast some of you into prison , and you shall have tribulation ten dayes : if the devil now , or his ministers or messengers of satan , be permitted to cast some into prison , or bring tribulation upon others , do they therefore think that we will yeild to the devil , or to his messengers , that we may be free from tribulation and imprisonment ? nay , that is not the price of our redemption ; nor way of deliverance ; for that which was written before-time , was written for our learning , which through suffering , and patient continuing in wel doing , we have learned ; without which we could never have learned nor known christs words fulfilled as they are ; therefore happy is that day wherein the everlasting love of god is broken forth unto us , in bringing us his children , prophets , & holy apostles , to rejoice over the false prophets , and false teachers , though they spoil our goods , and imprison our bodyes , yet we can rejoice over them , and suffer the spoiling of our goods with joy , knowing that this is for a testimony against them , by which the reproach which the lord will bring upon them , will appear to all men . and this is so far from silencing our testimony against them , that it doth daylie renew it ; so that if all that which is past were forgotten , their daylie abominations doth so increase , that a testimony must be continued against them ; for of them the scripture is true , which saith , evil men and deceivers wax worse and worse ; for the deceivers in former ages was never so bad , as by force to take away the goods of those that would not heare them , and take away their lives by imprisonment , as some have done , because they could not pay them tythes , as this record of the unjust sufferings will make manifest . our brethren the prophets have given their testimony concerning such prophets and priests which was profane , and that the lord found folly amongst them , as ieremiah saith , ier. . he had seen a horrible thing amongst them , they strengthened the hand of evil-doers , that none did return from their inquity ; and it is so now for these reasons . how can a drunkard return from his drunkenness when he sees his priest drunk ? and how can a swearer return from his swearing when he sees his priest swear , and hire men to swear falsly , as many have done in this nation ? and how can a covetous man return from his covetousness when he sees his priest so covetous that he taketh away mens goods by violence , which he hath no right unto , but onely through covetousness makes merchandize of people ? so how should any return from such things who are taught by them ? and how can a proud man return from his pride , when he sees his teacher lead him into it by example ? how can an envious man turn from his envie , seeing his teacher envious , and provoking others to wrath and envy ? so these reasons proves that the prophet's words are true , that none can return from their iniquity by following the practise of their priest ; and christ's words are fulfilled also , matth . which saith , they lay heavy burthens upon people , grievous to be born , and devoures widowes houses , as many in this nation can witnesse , who have their goods spoiled and taken from them , as this following record doth make mention , abounding all the cruelty and wickedness which ever was heard of , or read of ; exceeding all the false prophets in israel ; although they had a price , and preached for hire , yet they never did use such cruelty for their hire , as these have done ; and exceeding all the false teachers among the gentiles , which never was known to sue any at the law that would not hear them , muchlesse to take from them seven times the value of what they demanded ; but the lord doth for a time let his children deeply suffer , to fulfil the testimony of truth in this thing , that it may be recorded for ages to come , the faithfulness of their testimony , and the cruelty of their oppressors ; and then will the lord finish the testimony of their sufferings , and will give them an inheritance among the seed which he hath blessed ; and all their persecutors shall be ashamed , for god will bring an everlasting reproach upon them , and a perpetual shame , which shall not be forgotten , jer. . richard hubberthorne . the record of sufferings for tythes in england . westmorland . william hebson for tythe-corn of the value of two pound eleven shillings , had goods taken from him to the value of eight pounds , six shillings , and eight pence . william holme for tythe-corn of the value of one pound , fourteen shillings , and eight pence , had goods taken from him to the va-lue of four pounds fifteen shillings . rowland smith for tythe-corn of the value of six shillings , had goods taken from him to the value of one pound , six shillings and eight pence . richard holme for tythe-corn of the value of one pound seven shillings , had goods taken from him to the value of three pounds , four shillings . agnes teasdell for tythe-corn of the value of one pound , eleven shillings , had goods taken from her worth five pounds . edward robinson for tythe corn of the value of sixteen shillings and nine pence , had goods taken from him worth four pounds six shillings and eight pence . richard smith for tythe-corn of the value of eight shillings and six pence , had goods taken from him worth one pound . these goods were taken from them upon warrants from robert branthwait and francis sisson iustices , for the use of peter mawson of peureth . iohn sutton for tythe of the value of one pound four shillings , had goods taken from him worth three pounds , ten shillings . john camme for tythe of the value of one pound , eight shillings and six pence , had goods taken from him worth three pounds . the same for tythes of the value of about one pound nine shillings , had goods taken from him worth four pounds . margret camme for tythe worth eight pence , had goods taken worth eight shillings . cumberland . richard robinson of blencoge , for one pound eight shillings demanded by william grainger priest of brumfield , had two oxen taken from him worth four pounds ten shillings . widow ayket , a poor woman , left in much debt when her husband dyed , more then all his goods would pay , so that the creditors both gave time , and abated , had taken from her for the said mercilesse priest , ( who no way considered her need ) one milch-cow , and one oxe , she having no more but one other cow , and one oxe , for tythe-corn valued but to one pound eight shillings . so here you may see that the widowes and fatherlesse that were to be maintanied by tythes , are now robbed of their goods to pay tythes . iohn wilkinson for tythe-corn which his neighbors did prise at two shillings six pence , had taken from his children upon a warrant from thomas craister and cuthbert studdam , a mare worth three pounds , for the use of iohn forward priest of boulton . thomas porter for tythe prised at two pounds , had taken from him upon the said justices vvarrant for the use of the said priest , three stots worth six pounds . iohn pattison for three shillings , had five pecks of barley and a sack , taken from him for the said priest , worth eight shillings and nine pence . tho. wilson , alias stumper , for twelve shillings demanded for tythes , had a horse taken from him for the use of the said priest , worth two pounds . hugh tickell for six shillings four pence claimed by percivel radcliff priest of crosthwaite , had goods taken from him by a warrant from lancelot fletcher and iohn barwes , worth one pound , one shilling and seven pence . iohn wilson for seven shillings claimed by the said priest , had taken from him upon the said justices warrant , goods worth one pound ten shillings . christopher scot for nineteen shillings claimed by the said priest , had goods taken from him upon the said justices warrant , worth two pounds . anthony tickell for four shillings demanded by the said priest , had goods taken from him upon the said justices warrant , worth fourteen shillings . iohn ardel of areleby , was sued by guwen eglesfield , priest of plumland , for tythe , which his servant swore was worth fifteen shillings , and had taken from him by the sheriffs bailiff , one steer worth one pound seven shillings . these had their goods taken from them because they could not pay towards the repair of the popish steeplehouses . john bouckell in graystock-parish , for two shillings and eight pence , had goods taken worth seven shillings . william bowman of lamplough parish , for nine shillings , had goods taken worth sixteen shillings . elinor dicson for seven shillings and six pence , had goods taken worth nine shillings . iohn hodgson for two shillings , had goods taken worth four shillings and seven pence . lancelot fearon for sixteen shillings and three pence , had goods taken worth eighteen shillings . vvidow ayket for ten pence demanded for tythe , had a pot and a pewter dish taken from her , worth above four shillings . henry lowthet for three shillings four pence for tythe , had taken from him one sack and barley worth six shillings and eight pence . these had their goods taken away because they could not swear . at john dalstons court at vldel . john fell was fined , and had goods taken worth eight shillings . thomas fell was fined , and had goods taken worth eight shillings and four pence . john caipe was fined , and had goods taken worth nine shillings and six pence . at the earle of northumberlands court , so called . john senhouse was fined , and had a horse taken worth one pound ten shillings . henry lowthet was fined three shillings and four pence , and bad goods taken worth sixteen shillings . iohn richardson was fined at the sheriffs county-court , because he could not swear , and had goods taken from him worth eleven shillings . edmund hunter of gisbrough in yorkshire , because he could not swear as a jury-man , was fined twenty shillings , for which he had a cow taken away worth four pounds . bedford . james taylor of asply guyse , about the nineth month , . was arrested upon an attachment , prosecuted by thomas arkesden priest , for not swearing to his answer unto a bill exhibited into the exchequer by the same priest , against him for tythes , and thereupon imprisoned in bedford goal : vvhere did ever any of the ministers of christ do so ? cambridge . john feast , and edward wright , of the isle of ely , about the third month , . were arrested upon an attachment prosecuted by william hunt , priest of sutton , for not swearing to their answers which they tendered to the barons of the exchequer , unto a bill exhibited into the same court by the said priest , against them for tythes , and thereupon imprisoned , and irons put on their legs in cambridge gaol . william grounds of sutton , in the isle of ely , being summoned to appear at a court held there , upon his appearing was fined forty shillings because he could not sweare , and afterwards had a mare worth about five pounds , taken and distrained , and disposed of for the said fine , to the use of one haman ward . the same william had one kettle worth ten shillings , taken from him for two shillings and a peny , which he was taxed to pay towards the reparation of the steeplehouse . robert letchworth of soham , had taken from him two cowes worth five pounds , for tythes of the value of twenty shillings , pretended to be due to john gyles , priest there ; and now is in prison at ely , for tythes by the same priest . stephen wilson of the same , had taken from him one cowe for tythes of the value of twelve shillings , for the same priest . william crayne of the same , had three stone of hemp worth eleven shillings and six pence , taken from him for tythes valued at six shillings , for the same priest . daniel peachy of the same , had two dozen of yarn taken from him for tythes , of the value of two shillings , for the same priest . robert crabb of littleport in the isle of ely , for tythes , or other pretended dues to martine dallamore , priest there , of the value of one shilling and a peny , had taken from him one kettle worth seven shillings . clement crabb of the same , for the like pretended dues to the same priest , valued at seven shillings six pence , had a vessel of butter taken from him , worth twenty shillings . james vipen sued to the exchequer by william hunt , priest o●sutton in ely . henry place of the same , for the like pretended dues to the same priest , to the value of one shilling and six pence , had taken from him goods to the value of three shillings . james peachy of the same , for the like pretended dues to the same priest , to the value of twelve shillings , had one cow taken from him worth forty shillings . john love of the same , for the like pretended dues to the same priest , to the value of fifteen shillings , had one cow taken from him worth forty shillings . samuel caser of the same , for the like pretended dues to the same priest , to the value of ten pence , had taken from him one kettle worth five shillings . robert asplan for the like pretended dues to the same priest , to the value of eleven shillings six pence , had taken from him one cow worth thirty shillings . thomas dorman of the same , for the like pretended dues to the same priest , to the value of one shilling eight pence , had taken from him one brass pot worth six shillings eight pence . william johnson for the like pretended dues to the same priest , to the value of nine shillings ten pence , had taken from him one vessel of butter worth three and twenty shillings , and one kettle worth ten shillings . the aforenamed robert asplan for tythes pretended to be due to the impropriator , to the value of three pounds fifteen shillings , had taken from him five cows and three steers , worth fourteen pounds . the afore-named robert crabb for two rates of one shilling ten pence towards the reparation of the steeple-house , had taken from him goods to the value of four shillings and ten pence . the afore-named henry place for one rate of five pence towards repairation of the steeple-house , had goods taken from him to the value of ten pence . thomas haukes of the same , for a rate of four pence towards repairation of the steeplehouse , had taken from him one platter worth four shillings . the afore-named john love for two rates towards repairation of the steeple-house , and for the parish-clark , in all amounting to one shilling eight pence , had taken from him one warming-pan worth six shillings eight pence , and two platters worth four shillings . the afore-named robert asplan for one rate of one shilling four pence towards the repairation of the steeple-house , had taken from him goods to the value of five shillings . thomas jobson , and william holmes , both of swasy in the county of cambridge , were indicted , fined and imprisoned upon pretence of entertaining ranters , and idle wandering persons , at their houses , but there was not any such thing proved ; but it was onely for entertaining friends , called forth from their own countries , as abraham was from his ; and as the apostles were , to forsake all , and follow christ , and preach his gospel , the glad tydings of peace and reconciliation . and after about six moneths imprisonment , were set at liberty ; and for their fines ( being then abated to six pounds , six shillings and eight pence a piece ) tooke away from them four horses , beasts worth eighteen pounds . jeremiah rose , imprisoned in ely for tythes by peter franklin priest of marry , after he had taken away more of his goods then the value of the tythe came to . essex . thomas mumford at the suit of john cooper of great sailing , for tythes , which when he was summoned up to london by writ , would not suffer him to make his appearance , but committed him to prison contrary to the writ . anthony page , junior , at the suite of the said cooper for tythes , was in like manner not suffered to make his appearance according to the writ , but was sent to prison , and there remains in sufferings , and his wife and three children left to suffering , they having been maintained onely by his labour . francis marrige at the suit of john sorell impropriator , for tythes , was not suffered to make his appearance according to the writ , but sent to prison onely because he refused to set an attorneys name upon the back of the writ , and so remains in prison . robert nicholl of colne-engaine , for tythes pretended to be due to john clerk , priest of the parish , to the value of about nineteen or twenty pounds , for four years tythe , as was pretended , had judgement given him by dionicius wakering , and william harleakenden , justices , for fifty five pounds , nine shillings and six pence , and upon their warrant had taken from him nine cows , one horse , and two colts , worth near fifty pounds ; and for the rest , when he had taken away all his goods , threatned to send him to prison , and got a warrant for it . john pollard after he had appeared in the exchequer , was arrested upon an attachment at the suit of priest robinson , and now remains a prisoner in colchester-castle . robert adams of fearing , for some pretended dues to one purchase a priest there ; and for damages , and costs allotted : him by some called justices , all amounting to sixteen shillings , had taken from him one horse worth five pounds ten shillings . glocester . william atward sued in the exchequer for tythes , after he had had a bible and several other goods taken from him ; and after one philip langley an impropriator had greatly abused him , calling him our of his house , and threw a great stone at his head , which if he had not kept off , might have slain him . william wooley because he could not pay tythes , had a horse taken from him ( worth about five pounds ) by souldiers . samuel bampton sued in the exchequer by robert dowle impropriator , for about two shillings six pence . john kathaby had goods taken away by souldiers to the value of thirty shillings for an impropriator , for tythe of a small value , and is also sued into the exchequer . norfolk . william barker of gissing , for tythes pretended to be due to robert proctor , priest there , for which the priest demanded but twenty six shillings , had taken from him on horse worth six pounds . richard cosen of baningham , for tythes demanded by one thomas knevet , and for costs assessed to him by two justices , robert wood , and henry king , all amounting to two pounds , seven shillings and six pence , had taken from him a mare , and a colt of two yeers old , worth three pounds ten shillings . benjamin lynes of bramplingham ; for tythes pretended to be due by jonathan clapham priest there , and costs assessed to him , all amounting to two pounds , three shillings and four pence , had taken from him two cows worth four pounds . robert jacob , late of wymondham , aged about eighty yeers , about the sixth month , . being summoned thereunto , to appeare before rob. ward , rob. wilton , and thomas vveeld , called justices , who informed him he was chosen to be a constable , & required him to be sworn to execute the same office ; he acquainted them of his age and inability to execute the said office , and said he was willing to do what service he could ; but much could not be expected from him in respect of his age , and the inability of his body ; but he could not swear at all , it being contrary to the command of christ ; whereupon they committed him to prison in norwich castle , where he continued [ not able to put off and on his own clothes ] for about eight weeks , and then was released . about the third month , called may , next before his aforementioned imprisonment ; the same jacob was summoned to appear before the barons of the exchequer at westminster , being about eighty miles from his outward abode , for not paying tythes ; whereupon he travelled to vvestminster , and upon an attachment , as for want of an answer , which would not be accepted without an oath , and thereupon was sent to the prison aforementioned , where he continued until he dyed , bearing a faithful testimony for the lord against tythes and swearing . thomas berrier of vpwell , being summoned by a warrant from the steward outwell , had a horse taken from him for tythes of a small value , worth seven pounds , when he had but one more in his plough , without either appearance or judgement . peter gill had taken from him a pewter platter for clarkes wages . svffolk . john smith of kniten , being summoned to appear before the barons of the exchequer at vvestminster for not paying tythes , appeared accordingly , and tendered his answer to the barons , who could not accept thereof unless he would be sworn thereunto , which for conscience-sake he could not do , the son of god having commanded his disciples not to swear at all ; whereupon he was arrested , and imprisoned at melton goal , as for not swearing . nicholas vvhite of vvestmstie , for tythes pretended to be due to one austine gobbel priest , and costs and damages assessed him in all , to the value of about three pounds , had taken from him three cows worth about twelve pounds . george sherwine of k●iten , being twice summoned to appeare in the exchequer at vvestminster , once at the suit of one edmund moure priest another time at the suit of one cal'd lady gandy for not paying tythes , appeared accordingly , and tendered his answers there in several bills unto the barons , who refused to receive them unlesse he would be sworn thereunto ; and thereupon was presented as for not answering , and afterwards arrested and imprisoned at melton upon an attachment presented by the said lady , and remains prisoner . anthony kittel of edwardston , for a rate of ten shillings towards repairation of the steeplehouse , had several goods taken from him , to the value of about two pounds , and was also sent to prison . tho. iudge for the tythe of one close of pasture-ground , was arrested by two warrants ( at the suit of two priests of stainton , john burrowes , and gamaliel capell ) out of the exhequer , and carryed to the prison , where he remains a close prisoner ; and the tythe is claimed for the yeeres . . the rent of the close being yeerly nine pounds . anthony kittell was summoned before two justices , joseph brand , and robert gardon , for tythes at the suit of one priest pretty ; and after they had given judgement against him for his tythes , they sent him to prison for saying the priest was a lyar , and told him they had now a law by which they hoped to curb the quakers . svssex . robert adams being sued in the exchequer for tythes by john worthing priest , was cast into prison upon an attachment , because he could not put in answer upon oath , and hath remained in horsam goal since the first day of the third month , . richard adams being sued in the exchequer for tythes by john fage , he appeared , and tendred his answer , which they would not accept without oath ; but he was taken by an attachment and cast into the goal at horsam , where he remains since the twentieth day of the fifth month , . minion brocket because he could not swear to selve the office of a constable , was put in the common-goal at horsam above a yeer since , where he now remains a prisoner . margery coulstock was sent to prison upon the first day of the fift month , . by one william freeman justice , for saying the priests were hirelings ; and being brought to the sessions , and there falsly accused by some priests , she reproved them for it , and that was called a breach of the peace , and the bench sent her back to the goal . kent . edward noake is imprisoned at the kings bench in southwark london , because he cannot pay tythes to the priest . william beane of brayburne , near ashford , had one hog taken away prised at thirteen shillings four pence , for the repairing of a steeplehouse and bells , which they sold for ten shillings , and returned nothing again . thomas housigar for ten shillings for repairing the steeplehouse , they took from him a cow worth three pounds . vvarwick . george vvyat lyes there imprisoned because he cannot pay tythes . vvilts. john jay of castlecombe , had taken from him for roger flower , priest of that parish , by order of two justices , fourteen sheep , for the tythe of two loads of hey , and the wool and lamb of seventy sheep . the same john jay for tythe-corn valued at three pounds four shillings , had taken from him by the said priest , two oxen worth twelve pounds . roger haukins for tythes of the value of ten shillings , had a mare taken from him for thomas pichard , priest of the parish of ginslington , which was sold for fifty shillings . roger smart for tythe of the value of eighteen shillings and odde money , had taken from him for the said priest , two cows sold for three pounds . vvilliam player for tythes of the value of nine shillings , had taken from him for the said priest , eight sheep , and six or seven lambs , worth fifty shillings . another man of the said county , and his tenant , for tythes of the value of twelve shillings , for vvilliam stump priest of yeaton-cavell , had taken from them eleven sheep worth five shillings a piece , and seventeen shillings from the tenant ; and the same man lyes now in prison at fisherton , because he cannot give his answer to a priests bill upon oath . yorkshire . liverton . robert parret for tythes valued at forty shillings , had goods taken from him for richard smelt priest of easington , worth five pounds ten shillings . the same man for refusing to contribute towards the repair of the popish steeplehouse , had goods taken from him worth sixteen shillings . the same man for not paying five pence , claimed by the parish-clark for wages , had goods taken from him worth two shillings . the same man for refusing to swear , had goods taken from him worth one pound eight shillings . vvilliam tiplady for tythes valued at two pounds , two shillings and eight pence , had taken from him for the aforesaid priest s●ets , goods worth four pounds ten shillings . the same man for refusing to repair the popish steeplehouse , had goods taken from him worth twelve shillings . more for not paying five pence to the parish-clark , had taken from him goods worth two shillings and four pence . the same man for tythe of the value of two pounds , six shillings and eight pence , had goods taken from him for the said priest smelt , worth eight pounds . robert tiplady for tythes of the value of four pounds , had taken from him for the said priest smelt , goods worth fifteen pounds , thirteen shillings and eight pence . more for the popish steeplehouse , goods worth thirteen shillings four pence . more for ten pence clarks wages , goods worth twelve shillings ten pence . nicholas tiplady for tythes valued at one pound ten shillings , had goods taken from him for the said priest smelt , worth two pounds , thirteen shillings four pence . more for the popish steeplehouse , goods worth twelve shillings . robert stonehouse for tythes valued at three pounds , had goods taken from him for the said priest smelt , worth fourteen pounds , four shillings and six pence . more for the steeplehouse , goods worth five shillings . more for not paying five pence clarks wages , goods worth two shillings and six pence . more for refusing to swear , goods worth ten shillings . james stonehouse for not paying five pence to the clark , had goods taken worth three shillings . rowland thorp for refusing to repair the popish steeplehouse , had goods taken from him worth five shillings more for refusing to sweat , goods worth five shillings . elizabeth carcrost for not paying two pence for clarks wages , had goods taken worth eight pence . more for the popish steeplehouse , goods worth one shilling . this was done by warrants from leonard smelt , benjamin norcliffe , george marwood , and matt. beckwith , orsome of them . e. astriding . thomas leemeing of wighton , was sued in the weapontack-court by robert musgrave , for tythes of the value of nine shillings , and had taken from him a cow worth one pound , thirteen shillings four pence . thomas leemeing for two pounds two shillings demanded for tithes , was sued by farmers of the tythe-corn , and had taken from him by execution out of the said court , two mares worth seven pounds . thomas leemeing for tythes of the value of fourteen shillings , demanded by vvill . kidder priest of vvighton , by execution out of the said court , had a horse taken worth three pounds . marmaduke stephenson for two shillings which the said priest kidder demanded for tythes , had taken from him by the bailiff of the said court , a brasse pot , and other vessels , worth one pound . jo. vvilson for six shillings ten pence pretended to be due by iohn peables , priest of barmeby , for easter-reckonings , procured a warrant from rich. robinson and rich. darley , justices , for eleven shillings ten pence , and sent two bailiffs , that took a cow worth one pound ten shillings . john vvilson for two pounds four shillings and eleven pence , pretended to be due for tythes to jo. silburne impropriator , procured a warrant from the said two justices for two pounds , nineteen shillings and eleven pence , and took two oxen and one cow , worth about six pounds ten shillings . the said jo. vvilson was fined six shillings eight pence at the sheriffs turn , by jo. hewley a lawyer , because he could not swear ; and the bailiffs took from him for it two kettles . walter hall for two pounds eleven shillings claimed by jo. peables priest , and jo. silburne impropriator , for tythes and easter-reckonings , by warrant from the said two justices , three cows , one mare , and two colts ; of which goods they said they spared one cow , but never brought her again . io. cook for fifteen shillings claimed by ioseph picket impropriator for tythes , had taken from him upon a warrant from the said two iustices , two oxen worth about four pounds ten shillings . christopher hurdsman for one shilling three pence claimed by priest cooper of fridaythorp , had taken from him a cow worth two pounds . christopher hutton for one shilling eight pence claimed for repairing the steeplehouse , had two pewter dishes taken from him worth four shillings . iames turner for five shillings ten pence demanded for repairing the steeplehouse , had a kettle and two pewter dishes taken from him , worth two pounds fifteen shillings , by order from the said two iustices . christopher wilson for three shillings four pence demanded for repairing the steeplehouse , had a kettle taken from him worth about ten shillings by the said order . henry wilson for ten pence demanded by the clark , had a brasse pot taken from him worth four shillings six pence . io. smith for two pounds two shillings demanded for tythes by the impropriator , had two cows and a sweath-rake worth three pounds , thirteen shillings four pence . also for four pence demadned of him for repairing the steeple-house , had taken from him three dublers worth four shillings . also for ten pence demanded for clarks wages , they took away from him a brasse pot worth seventeen shillings . alexander harland for three shillings demanded by priest stather , had a mare taken away worth two pounds ten shillings . and four bushels of barley more , worth twelve shillings , for repairing the steeplehouse . richard bayly of wilton for tythe-wool and lamb , pretended due to richard darley for about thirty sheep , had taken from him by warrant from the said richard darley and richard robinson , six sheepe , which they sold . christopher walkinton for six pence demanded for repairing of the steeplehouse , had goods taken from him worth one shilling and six pence . william losthouse of hampton for twelve shillings demanded by iohn dawson , had taken from him upon a warrant from george smithson , and io. waistell , goods prised to five pounds . the same william losthouse for eighteen shillings seven pence , demanded by robert wivall , impropriator of the parish of downholm , was sued in the court at midlam , and there judgement was given against him , though they had no authority to hold plea of any such matter ; and they took a horse from him worth three pounds , and since they have taken from him two dublers for a tythe-calse . yorkshire . george robinson because he could not pay tythe to the priest , was turned out of his house and land , of which he and his ancestors had been possessed above one hundred years , by charls cornwallis landlord . the said george robinson for riding to a meeting four miles off upon a first day , had a mare taken from him worth six pounds , and nothing restored back . william iackson for tythes of ten shillings value , had sixteen shillings taken by a judgment in the weapontage-court for a scandalous priest . millison legg , a poor widow , having five or or six children , was sued in the said weapontage-court by william baxter a scandalous priest , fortythes valued to five shillings , for which the bailiff took eight shillings besides charges of court : as soon as the priest had got it , he went to an ale-house , and made himself drunk , staying there above twenty four hours . eliz. whitehead for not paying eighteen pence towards repair of a steeplehouse , had a new covering taken from her which cost eight shillings six pence ; a pewter platter worth three shillings ; and a candlestick worth two shillings six pence ; here is for one shilling six pence , taken away fourteen shillings . tho. tanfeild for not paying one shilling towards repairing of a steeplehouse , had taken from him one ewe and a lamb worth seven shillings . iohn nickolson for eight shillings demanded for tythes , was sued by francis cobb , and ran to an outlawry , and had three cowes taken from him worth nine pounds . richard hancock for two pounds five shillings demanded for tythes , was run to an outlawry by the said fran. cobb , and had taken from him two oxen and two horses worth fourteen pounds . iohn bird for one shilling demanded by a priests clark , was sued by the clark , and had a horse taken from him worth three pounds . marmaduke storr for three shillings nine pence demanded for repair of a steeplehouse , had taken from him two bacon-flitches worth thirty shillings , and a weather sheep worth ten shillings . michael simpson of boythrop , a farmer in the county of york , sued for tythes by charles reane priest of foxholes , in the said county ; the tythes demanded , twelve pounds , nineteen shillings and four pence ; an execution was given out against him for trebble damage , which came to thirty eight pounds , eighteen shillings , which indeed is trebble principle . one richard whitehead came to the said michael simpson's house on the priests behalfe , and the said richard opened the stable-doors , and brought forth five horses ; likewise he tooke twenty three beasts , six score and eleven old sheepe , and forty three young sheep , and the next morning prised the said goods ; five horses at ten pounds ; twenty three beasts at a mark a beast ; six score and eleven old sheep , at three shillings a sheep ; and the yong ones at one shilling a sheep ; in all they came to forty seven pounds , two shillings and eight pence ; but they sold them at molton for fifty six pounds , twelve shillings and four pence , but were worth ninety one pounds , seven shillings . thus in brief , for twelve pounds nineten shillings four pence , goods was taken away worth ninety one pounds , seven shillings . iohn hutton in the couny of york , nine pence being demanded of the said iohn hutton for repair of the steeplehouse , goods taken from him to the value of two shillings and six pence , and nothing returned . the said iohn hutton for clarks wages , one shilling eight pence which they demanded , had took away a cow worth two pounds eight shillings likewise iohn hopper in the foresaid town and county , for clarks wages , demanded the sum of four pence , had took away a cow which was worth two pounds . tho. thompson of maulton , draper , had taken from him a piece of cloth , near four yeards : the sum demanded was two shillings for the repair of the steeplehouse , they took away goods worth eight shillings eight pence . thomas aldam of warmsworth , in the county of york , by the means of thomas rooksby priest , and thomas vincant of the same , farmer to an impropriator ; the same tho. aldam was cast in prison by their means in york goal , and there kept two years & six months , in which time both the said parties sued him at the law for not setting forth his tythes , which the priests party swore to be worth five pounds ten shillings ; and richard nudigate judge gave an order to the priest to take sixteen pounds ten shillings . by this you may know he is a deceiver and a false prophet . again in the same year tho. vincant tythemonger , procured his servants , tho. marshal , and timothy brigham , to swear the value o tho. aldams tythes , to be worth six pounds two shillings , for which tho. vincant had a judgment from the said nudigate , judge , for eighteen pounds six shillings ; and for the said eighteen pounds six shillings , was taken four oxen , seven kine , one steer , one heifer , one horse , one mare , valued by neighbors to be worthsorty two pounds ; distrained by henry worrell , bailiff , and sold by the said bailiff , and nothing returned again to tho. aldam , nor by him received . again the said tho. rooksby priest of warmsworth , did sue tho. aldam for tythes , which he pretended to be due unto him in the year . & . and did get a judgement from . parker judge , for twelve pounds out of the lands and goods of tho. aldam ; upon whose goods distresse was made by godfrey burton , bailiff , which took fifteen loads of white wheat out of tho. aldams chamber , ready dressed , valued to be worth sixteen shillings six pence a load , which in all is thirteen pounds , and nothing was returned again ; the spoil of these goods was taken in the year . if this be not a heavy burden , grievous to be born , let all of understanding judge , to take from one man seventy one pounds for that which themselves swore to be but fourteen pounds twelve shillings , which is above fivefold the value . iohn kilam of balby had taken from him for the repairing of the steeplehouse , by the order of richard bradforth then mayor , a fat bullock worth two pounds , six shillings and eight pence , in the year . again taken from tho. kilam for repairing of the same steeplehouse at doncaster , a bullock worth one pound ten shillings by order from the aforesaid mayor ; the sum demanded was but seventeen shillings , in the year . again , taken from tho. kilam of the aforesaid place , half a quarter of barley worth thirteen shillings , for the repairing of the aforesaid steeplehouse , by iohn ward , will . patison , iohn creakehill , collectors for the house of their god , in the year . svmmerset . vpon the . day of the first month , . late in the evening , william amoss , and iohn mead , ( called churchwardens in the parish of streat ) with two men more , ( called bailiffs ) came to the houses of the persons hereafter mentioned , and tooke away their goods ( as they said ) for the house which they called the church ; and because for conscience-sake we could not repair their bells , or uphold their church , we suffer the spoiling of our goods , as appears by the relation following . from henry gundry for ten shillings eleven pence demanded , they took away thirty one pounds of bacon , worth six pence the pound ; and since the said henry gundry was arrested for non-payment of tythes , and taken by iohn midlehem as he was going with a draught of oxen the first day of the fourth month , and carried away forthwith to the goal at ivelchester , where he remains prisoner to this day . from iasper bat they demanded eight shillings nine pence , and they took away a brasse pan , one pewter flaggon , and two brasse . candlesticks , to the value of about twenty shillings ; and she said iasper bat was the th . day of the th . moneth , . arrested by the foresaid bailiff , and carryed him four miles towards the goal ; but the bailiff being very civil towards him , then freed him on his giving a note under his hand to appear at the upper-bench at westminster , on the day called saturday next after the morrow of all-souls , ( so called ) where he did accordingly appear , and offered a note to one judge waberton , signifying the cause of his being there ; but the iudge said he would receive nothing from him unlesse he would put off his hat ; so the said iasper bat went to the upper-bench-office in the inner-temple , & desired to have his appearance recorded , and he would pay for it , but the men there present refused to record his appearance without an attorney , which he refused to have , and so left them . he was arrested for non payment of tythes . from iohn pittman they demanded six shillings three pence , and took away four dishes worth about twelve shillings ; and since the said iohn pittman was summoned to appear at the exchequer at westminster in eight dayes after the day called st. martine , in the yeere . where he did appear accordingly ; but they refused to record his appearance unlesse he would see an attorney . his summons was for non-payment of tythes from edward tayler they demanded one shilling six pence , and took away three pewter dishes worth about six shillings and eight pence . from agnes barrat a poor widow , who for her meannesse was never rated to the poore , although the charge in that parish for the poore is great , yet they demanded one shilling and six pence of her , and took away a pewter dish of her grandchilds , worth about three shillings four pence : so that they neither spare poor vvidows , nor fatherlesse children , but devours their houses , spoiles their goods , and makes their prey upon them . also william shephard of walton , in the same county , was summoned to appear that sixth day of the third month , . at the exchequer , where he appeared , and there was nothing charged against him , although he waited several dayes . from iohn dundo of hollowtrow in the same county , for seventeen shillings ten pence demanded for tythes , was taken from him one pound seventeen shillings ten pence , by order of iohn hippesley and richard ioanes , two of those in commission to do justice in the same county . from iohn cole of farrington , for one shilling six pence demanded for mending of the steeplehouse , had taken a brasse kettle worth six shillings , in the year . likewise thomas loscombe for two shillings eight pence demanded of him for the redairing of the steeplehouse at queene camell , the church wardens [ so called ] took away one brasse pan to the value of thirty shillings ; and since the said thomas loscombe was committed to prison , because for conscience sake he could not take an oath when appointed as a surveyor for the high-wayes in the foresaid parish of queen camel , and hath continued a prisoner neere eight moneths , where he remains to this day . and all these sufferings are sustained by us who cannot be conforformable to the heathenish customes , and traditional worships of the world , neither can we give them our gold or silver to repair or uphold the idols temple , where the unknown god is ignorantly worshipped by them whose idolatry and superstition is made manifest to , and denyed by the children of light , whose souls are subject [ for conscience sake ] to the higher power . at striate in the county of sommerset , at a court held for iohn whitington , in the yeer . there were present iohn pittman , and iasper batt , who are called quakers , who for conscience sake could not swear , and also one vvill . amoss , who is no quaker , likewise refused to swear ; and the said pittman and batt were by the steward fined twenty shillings a piece , but will . amoss was not fined at all . christopher pittard and george taylor , riding through ilchester to a meeting to worship the lord , ( about six miles from their dwellings ) had their horses taken from them . on the first day of the week likewise , thomas buds wife riding to the aforesaid meeting four miles from her dwelling , rob. hunt , and john cary , called justices , directed a warrant for the levying ten shillings by distresse on tho. buds goods for riding four miles to the vvorship of god . hillary term [ so called ] the th . month , . i made my personal appearance at westminster before the barons of the exchequer , to answer a bill exhibited against me for non-payment of tythes , at the complaint of thomas ladd , priest of salford , in the county of sommerset . to which bill i answered ; but because i could not for conscience sake swear , and so return my answer upon oath , a vvrit or warrant was issued forth against me , signed by robert hunt , being then high sheriff of the county aforesaid ; by vertue whereof i was apprehended in a meating at kainsham the . day of the first month , . and so carryed to ivelchester prison , where i have been kept , and remains a prisoner to this day . john doget . vpon the first day of the fourth month , . henry gundry was committed to the goal at ivelchester , where he now remains a prisoner for non-payment of tythes at the complaint of one josiah primet , or in the behalf of the priest of streate , neer glastonbury in the county of sommersec : and although the vvarrant to the keeper [ signed by william helliard sheriff of the county ] expressed that he the said william helliard was to have his body before the protector the tuesday three weeks of the holy trinity , [ so called ] yet he remains a prisoner in the common-goal at ivelchester . likewise edmund beackes was committed to the goal at ivelchester upon the first day of the seventh moneth , . where he is to remain in safe custody , as saith the vvarrant to the keeper signed by william helliard high sheriff of the county of sommerset ) so that he may have his body before the protector eight dayes after the time called st. martines , to answer one thomas edwards priest of kingson-samor , in a common plea of trespasse , which the said priest have declared to be for non-payment of tythes ; and although the vvarrant to the keeper expressed that he the said william helliard was to have his body before the protector eight dayes after st. martins , yet he remains a prisoner to this day . also william serjant of bathford was taken prisoner at bath the third day of the eight moneth , . and kept prisoner in bath twelve dayes , contrary to the expresse words of the vvarrant , and afterwards sent to the goal at ivelchester at the complaint of one philip elice of bathford , for non payment of tythes ; and although the vvarrant expressed that he was to be at london within eight days of st. martine , [ so called ] to answer the said philip elice in a plea of trespass ; yet he is kept a prisoner at ivelchester with the persons above-mentioned unto this day , being the nineth day of the tenth month , norfolk . in the yeer . jonathan clapham priest of wramplingham in norfolk , summoned one benjamin lynes to appear before several justices in the said county , to thew the cause why he the said benjamin did refuse to pay tythes to the said priest ; so he did appear : and the priest brought one john benton of wramplingham , and thomas park of melton , to be his witnesses ; and both of them were so apparently forsworn , that the justices did not accept of their testimony ; so another witnesse was examined , and he did testifie the tythes of the said benjamin for one meadow , to the value of twelve shillings , and no other tythes that he knew due from the said benjamin : and for that twelve shillings which this one witnesse did testifie to be due to the said priest , ralph vvooliner and one richard brown , ( two appointed to do justice in the county ) signed a judgement for above forty shillings ; and the said priest clapham went himself with a man or two with him , & fetched out of the said benjamin lynes's ground , two cows better worth then four pounds ; since which the said john benton did get into the steeplehouse at vvramplingham , and there hanged himself in a bell-rope ; and after he had so done , the said prieft clapham [ as divers that were present have affirmed ] did to the coroner and the jury testifie upon his oath , that the said john benton had been a distracted man , or not composmentes , for three or four years before , yet the said priest brought him for his witnesse , and caused him to be forsworn ; so that this priest clapbam is not onely a false teacher , but a false swearer ; for the man john benton , was never known to be distracted , but was of a good reputation amongst his neighbors , until the priest caused him to forswear himself for his dishonest gain . vvitnesse , john lawrence , and ben. lynes . the said priest clapham summoned john lawrance to appear before several justices , to shew the cause why he would not pay tithes : the said lawrance did appear according to the summons , and the priest also with two false witnesses , matthew hawke , and iohn cornhil , who swore that john lawrance had more acres of corn then he had , as iohn lawrance did make appear before the iustices ; neverthelesse the iustices , will . steward , iohn bowrman , ralph vvolmer , signed a iudgement against the said lawrance for five pounds sixteen shillings , which was eighteen shillings more then the witnesses swore , although they did swear falsly ; and the priest took for the five pounds sixteen shillings , three cowes , which was better worth then nine pounds . this priest clapham hath caused four men to forswear themselves , one of which hath since hanged himselfin the priests steeplehouse in a bell-rope , which is for an example for all false teachers , hirelings , and false swearers . vvitnessed by iohn lawrance , and benjamin lynes . norfolk . the farmers of the impropriation at shottesham , iohn mingay , and thomas bransby , having gotten a warrant from them called iustices , to take of henry halls forty five shillings for tythes , and fifteen shillings for costs , went the eighth month last to the family of henry at shottesham , and took from them two cows worth about seven pounds . svffolk . ioseph lawrence at the suit of sam. habbargham priest of silham , for tythes for the value of two pounds fourteen shillings , did take from him two kine worth ten pounds . iames norton for the value of one pound five shillings demanded as due , had taken from him three firkins of butter worth three pounds eighteen shillings . iohn frier for thirteen shillings four pence demanded as due , had taken away a cow worth three pounds six shillings . again two called iustices of peace , rob. knowles , and iustice elington , granted out a iudgement against ia. norton for seven pounds ten shillings , besides what charges should be required ; whereas the yearly rent is but seventeen pounds , six shillings six pence : so for the tythe he hath almost half the prise of the rent . again another iudgement is given out by the same iustices against iohn frier for six pounds ten shillings , besides what charges should be required , and the yeerly rent of the farm is but eighteen pounds eight shillings . thomas iudy is imprisoned because he could not swear to the giving in his answer at the exchequer , and so remains a prisoner in edmundsbury . richard white sued by augustine gobbit priest , for the value of two pounds ten shillings for tythes , for which they took away three cows worth twelve pounds . tho. bond being a souldier in the garrison at langardforld-fort , had his corn taken away off his ground by a souldier which the priest hired to do so , contrary to the law . geo. sherwine is prisoner at melton in suffolk , and hath been long , because he could not pay tythes . arthur gorroud was not suffered to make his appearance according to the writ , but was cast into prison at ipswich , and there remains , not onely without the transgression of a law , but also contrary to the law . and other two is in prison at ipswich for denying tythes . norfolk . richard cousius for tythes at the suit of tho. vvorts priest of beningham , for the value of one pound eight shillings , took two horses , and being not satisfied , the constable came again , and took the clothes off a bed , a covering , blankets and sheet , two pillowes , and brought them to the house where the priest was ; but the priest being not yet satisfied with two horses , and bed-clothes , came again the third time , and took another bed-clothes where upon the children lay , a covering , two blankets , and a paire of sheetes , one boulster , and bid the constable take notice that he took them in his lord protectors name ; and he carryed them where the priest was ; so for the value of one pound eight shillings , they tooke away goods worth eight pounds . thomas palmer at the suite of the same priest for tythes of the value of four pounds thirteen shillings demanded as due , had taken from him four horses worth more then twelve pounds . george howles of glaptan in the county of suffolk , was subpoened up to london by richard rogers , priest of the same town , for eight pence tythes , and the said george's wife would have agreed with the priest , and he said he would not take under nineteen shillings , and she consented to have given him nineteen shillings ; then he said he would not take it unless she would set her hand to give him nineteen shillings every yeer ; and so denying his unreasonable demands , the said george came up to london to make his appearance according to the subpoena . christopher bisbrown for tythes which was claimed as due , eleven shillings , they took an ox worth three pounds five shillings , and restored nothing . again for the tythe claimed to be due , which came to one pound thirteen shillings , they took away a yoke of steers , worth threepounds , seven shillings and six pence . cheshire . great budworth parish ; ephraim elcock priest . thomas buckley for tythes to the value of twelve shillings , had a horse taken from him for the use of the said priest , worth four pounds . george veakin for the value of four pence half penny , which he claimed for smoke and easter-reckonings , had one brasse pot taken worth eight shillings . likewise george veakin for the value of six pence , which theydemanded for two yeers payment to the priest , had tools taken from him worth seven shillings . runkorn parish , william finmoore priest . henry burtonwood for tythe of the value of five shillings , had one cow taken from him worth two pounds thirteen shillings four pence , for the use of the said priest . at another time henry burtonwood for tythe-corn to the value of two pounds , one shilling and a penny , had taken from him two cows and one heifer which was sold for seven pounds , for the use of the said priest . john burtonwood for tythe-wool and lamb of the value of eight shillings and three pence , had taken from him two young beasts , which they sold for one pound five shillings . tho. boulton for tythe-corn of the value of thirteen shillings , had taken from him corne worth five pounds , for the use of henry brookes . sisley cleaton had taken from her one warming-pan worth six shillings , for tythe-flax , and she had none ; being sued at the law , and cast by a false oath , for the use of collonel brooks . widow royle for tythe-corn of the value of one pound three shillings , had taken from her one cow worth three pounds ten shillings , for the use of collonel henry brooks ; likewise she had taken from her one load of beans : likewise she had one bed-covering taken for collonel brooks . fradsham parish . widow milner for tythe-corn of the value of two pounds ten shillings , had taken from her one mare and one cow worth seven pounds ten shillings . and likewise for tythe-oats of the value of eleven shillings , had taken from her one cow worth two pounds , besides she lay in prison seven weeks for the same thing , for the use of the earl rivers . tho. hill for tythe-corn of the value of one pound ten shillings , for which he suffered fourteen weeks imprisonment , had taken from him five load of wheat out of the field worth five pounds ; for the use of the earl rivers . james brown for tythe-corn of the value of one pound ten shillings , had goods taken from him worth five pounds thirteen shillings four pence by valuation , for the use of the earl rivers . william sarrat for tythe-corn of the value of one pound six shillings eight pence , had goods taken from him worth five pounds ten shillings , and was in prison for the same seven weeks . james brown for tythe of the value of thirteen shillings four pence ( according to their own valuation ) had taken from him one yoke of oxen worth seven pounds . wilinslow parish ; john brewerton priest . tho. janney for tythe-corn of the value of seven shillings six pence , had taken from him one mare , out of which they took trebble damage . tho. janney for tythe-corn of the value of sixteen shillings six pence , had taken from him for the said priest two young cows , better worth then six pounds . thomas janney for tythe-corn of the value of one pound eight shillings , had taken from him by justice writs one young horse worth four pounds . thomas potts for tythe-corn for the value of one pound six shillings and eight pence , had taken from him two heifers which they sold for three pounds ten shillings . john worthington for tythe-corn of the value of three pounds six shillings , had taken from him one mare and one young horse , worth twelve pounds , for the use of the said priest . thomas burrows in the parish of budworth , for tythes of the value of one pound three shillings , had taken from him one heifer worth three pounds ten shillings . richard burges for tythe-corn of the value of nineteen shillings , had taken from him two kine worth five pounds . richard burges for tythe-corn valued by the priests servants to sixteen shillings , had taken from him one yong heifer worth two pounds six shillings and eight pence . lawrence pearson for tythe of the value of eight shillings , had taken from him one horse worth three pounds . anne janny of handford for tythe of the value of thirteen shillings , had taken from her one cow and one heifer which were worth six pounds . most of this cruelty hath been done by writs from two iustices , to wit , tho. standley , and tho. brearton , being servants to this priests lusts . moberly parish , robert barlow priest . tho. heale for tythe-corn of the value of fourteen shillings six pence , valued by the priests man , had taken from him one heifer worth one pound thirteen shillings and four pence . hugh stretten for tythe-corn of the value of eleven shillings and six pence , had taken from him two sacks of oats worth one pound eight shillings . and the constable of the town being troubled at it , asked the priest why he took so much , seeing he professed not to take trebble damage of any ; the priest answered him , it cost him so much in justices dinners , and their men . clarks wages , and repairing of steeplehovses . thomas buckley for seven shillings two pence demanded , had taken from him a brasse pot worth ten shillings . thomas buckley for seventeen shillings demanded , had taken from him eleven measures of oats worth one pound two shillings and eight pence . henry burtonwood for two shillings demanded , had goods taken worth five shillings . henry burtonwood for two shillings six pence , had taken from him four pewter dishes worth seven shillings . ell. boulton for three shillings , had taken from him four pewter dishes and a bowle , and one candle-stick , worth one pound three shillings , which is neer seven times the value , for the house of their god . widow royle had taken from her one brasse pan , and one pot , and a dripping-pan , worth two pounds ten shillings , for repairing of the steeplehouse at runkorn . james brown for two shillings , had taken from him goods worth six shillings . thomas hill for two shillings , had taken from him one pot worth sixteen shillings . and at another time he had one pot taken from him worth six shillings , because he could not pay one shilling . william sarret because he could not pay two shillings six pence for the repair of the steeplehouse , had taken from him one pot worth twelve shillings . john for two shillings demanded , had goods taken from him worth five shillings . thomas janny for six pence demanded , had goods taken from him worth five shillings . again the said janny had taken from him four joynt-stools worth six shillings eight pence , for repairing of the steepleplehouse . thomas pots for two pence , had taken from him a brass pot and a skimmer worth ten shillings , which is threescore times the damage . again tho. pots for six shillings nine pence demanded , they took from him his coat , which they sold for one pound . john worthington for seven shillings demanded , had a brass pan , and two pewter dishes taken from him , worth one pound . iohn worthington at another time had taken from him a paire of cart-wheels bound with iron , for repairing the steeplehouse . richard burgges for three shillings demanded , had one brass pan taken worth seventeen shillings . again richard burgges for six shillings , had taken from him a gun worth ten shillings . robert milner for two shillings , had taken from him three pewter dishes worth seven shillings . at another time robert milner for two shillings , had a gun taken from him worth nine shillings . robert pearson and his son for two shilling● six pence , had taken two pewter dishes worth three shillings four pence . iames harrison for two shillings eight pence demanded , which were due to be paid by another man upon their account , had his coat taken from him . robert pearson for three shillings four pence , had taken from him one brass pan worth twelve shillings . iohn falkner for one shilling four pence , had goods taken from him worth five shillings . thomas lieuzley for six shillings , had taken from him one pot worth sixteen shillings . all these sums before-mentioned , was taken for repairing of the steeplehouses . concerning swearing . thomas lieuzley because he could not swear , had a cow taken from him worth two pounds ten shillings , and suffered six weeks and five days imprisonment for the same thing . and likewise seven of these friends above-mentioned , viz. tho. ianny , tho. potts , rich. burgges , rob. milner , ia. harrison , and edw. elcock , suffered the spoiling of their goods to the value of eleven pounds ten shillings , for passing to a meeting but two miles from their own houses ; and this was done by two justices , edw. hide , and tho. stanlay . a true relation of a part of the sufferings in wales for tythes . radnarshire . richard morre for the value of ten shillings , pretended to be due for tythe-corn , by a warrant from richard king and iohn yardlay , which was executed by tho. david , rees david , and will . steven , for edward looyd tythe-monger , did violently come into richard morres ground , and drave away a cow worth two pounds thirteen shillings and four pence . again richard morre had taken from him for the same thing , one mare worth three pounds eight shillings . in all , taken for ten shillings , six pounds and four pence , which is twelve times the value of the tythe . and again hugh ap iohn , and will . stephen , did come violently with one evan moras , into richard morres field , and carryed away his hard corn , ( what they liked ) in the sight of three witnesses . iohn watson , tho. watson , evan oliver . witnesses hereof , margret watson , a poor widow , which had no land but a little piece which was given her upon a common by her neighbors ; the said hugh ap iohn , and will . stephen , swore that her tythes was worth one shilling four pence , did take away from her two pewter dishes worth three shillings four pence . likewise the aforesaid idle persons , hugh ap iohn , and will . stephen , did take away from iohn pearke for six shilling eight pence pretended to be due , a colt worth one pound ten shillings . likewse the aforesaid idle persons did without a warrant come into evan stevens ground , and for four shillings pretended to be due , took away a mare worth two pounds . again the said idle persons without a warrant did go into oliver houls ground , and for five shillings pretended due , took away a heifer which was worth one pound , for the use of the said loyd above said . witnesse , meredith evens , and tho. watson likewise the said idle persons went into iohn bevandavids ground where he was plowing , and for three shillings four pence pretended to be due , did unyoke one cow , the best the poor man had for plowing and other uses , among motherlesse children , which same cow he had bought of the said loyd , which was worth two pounds , thirteen shillings four pence . again these five men before-mentioned , were summoned up to appear before the barons of the exchequer . iames miles summoned to appear at the exchequer at the suit of evan daves . charles daves had taken from him for four shillings , pretended due by john richards of the county of radnar , a beast worth one pound ten shillings . more sufferings in cumberland by richard hutton priest of calbeck . tho . mark for the value of thirteen shillings six pence , had taken from him by a justice writ for tythes , two oxen and three kine worth ten pounds , which is above fourteen times the value . william stalker for the value of nine shillings tythes , had taken from him two oxen , and two kine , worth nine pounds , which is twenty times the value . tho. buly for fourteen shillings tythes , had taken from him one cow worth two pounds . iohn nickolson for nine shillings tythes , had taken from him one oxe worth one pound thirteen shillings six pence . rich. williamson for five shillings nine pence tythe , had taken from him one heifer worth one pound fifteen shillings , which was near seven times the value . iohn stricket for ten shillings tythes , had taken from him one cow worth one pound ten shillings , which is three times the value . mungo arcock for twelve shillings tythe , had taken from him one ox worth one pound six shillings eight pence . john pattison for eight shillings four pence , had taken from him one cow worth one pound . iohn askue for three shillings ten pence , had taken from him one cow worth one pound ten shillings , which is above eight times the value . tho. askue for three shillings five pence , had goods taken from him worth seven shillings . iohn pattison for sixteen shillings eleven pence , tythe , had taken from him seven bushels of oats , and two bushels of barley , which was worth one pound five shillings and six pence . iohn stricket for sixteen shillings four pence , had taken from him one cow worth three pounds sixteen shillings eight pence , which was above four times the value . iohn askue for fifteen shillings ten pence , had taken from him barley and sacks worth two pounds four shillings ten pence . william stalker for fifteen shillings two pence , had goods taken from him worth one pound four shillings . iohn nickolson for eighteen shillings four pence , had taken from him one cow worth two pounds . iohn peacock for one pound five shillings , had taken from him goods worth one pound eighteen shillings . tho. buly for thirteen shillings , had taken from him one cow worth two pounds ten shillings . all these suffered by richard hutton priest , who hath sued four of them up to london by a subpoena , to appear before the barons of the exchequer , to answer for the same thing for which he hath sued them in the county-court ; and this priest hath summoned to the county-court at one time twenty three honest people , as followeth . thomas bewly , iohn nickolson , iohn simson , widow peccastom , richard nickolson , william pearson , richard williamson , iohn sowerbee , hugh peacock , tho. mark , elder . tho. mark , yonger . iohn stricket . mungo arcock , richard wilson , william scot , iohn pattison , tho. askue , iohn askue , elder . iohn askue , yong . john peacock , william stalker , george scot , rich. scot . all these have suffered by one priest whom they do not hear . the sum demanded is , ten pounds nine shillings & five pence . the sum taken is , thirty five pounds one shilling & two pence . graystock parish . richard peacock had taken from him one iron pot , three pans , two pewter dishes , worth eighteen shillings , for repairing of graystock steeplehouse . rich. peacock younger , for repairing of the same house , had taken from him one pan and three pewter dishes , worth nine shillings . deacar parish . edward walker of soulby for the value of sixteene shillings six pence , pretended as due for tythes , had taken from him twenty weather-sheep worth two pounds thirteen shillings four pence . edw. walker for the value of six pence for clarks wages , had taken from him two pewter dishes worth five shillings , by tho. robinson , clark . john mark for the value of three shillings four pence for the repairing of the steeplehouse , had goods taken from him worth thirteen shillings . john todhunter for the value of six shillings eight pence , had taken from him one pot and two pans , worth twelve shillings and six pence . iohn mark because he could not swear , was fined six shillings eight pence . matthew robinson for the value of three pounds eight shillings eight pence , as the farmers themselves did value , and were the witnesses in their own cases , contrary to law , had taken from him four oxen , and they sold them for twelve pounds two shillings and six pence . again this said matthew robinson being coming from the market , richard lingard one of the murtherous priests did strive to ride over him in the high-way , and caused one that was with him to take away his hat from him , and went away with it , and never gave him it again , and so caused matthew robinson to go bare-headed home , which is theft according to the law . john head for two shillings ten pence , pretended as due for tythe , had taken from him one iron pot and two pewter dishes worth eleven shillings . john gill for the value of two pounds ten shillings demanded as due , had taken from him four beasts worth six pounds . henry johnson for tythe of the value of one pound one shilling , had taken from him one cow and calf worth three pounds two shillings . richard fawcet for the value of one pound one shilling , had taken from him two beasts worth four pounds . iohn fearon for the value of one pound four shillings and four pence , had taken from him two kine worth five pounds . iohn dickson had taken from him one tythe-hen for the use of the priest . christopher burket for the value of one pound five shillings , had taken from him two beasts worth three pounds fifteen shillings . a tax for the parish-church , so called , goods distrained , as followeth . robert swift for two shillings eight pence , had goods taken worth ten shillings . tho. farnworth for three shillings five pence , had goods taken worth six shillings . tho. farnworth senior , for six pence , had goods taken worth four shillings six pence . ioan lamber for four shillings eight pence , had goods taken worth eight shillings . ben. nickolson for two shillings four pence , had goods taken worth eight shillings . will. bell for four pence , had goods taken worth four shillings . for tythes for the priest of tixal . robert swift for fifteen shillings , had goods taken worth one pound eighteen shillings . joane lambart for eight shillings , had goods taken worth one pound ten shillings , ben. nickolson for four shillings , had goods taken worth sixteen shillings . isaac smith for one pound , had goods taken worth three pounds . and again , for one pound ten shillings , had good taken worth three pounds . the total sum demanded , l. s. d the total sum recovered , l. s. . more in essex . giffine pery for the value of two pounds ten shillings tythes , had taken from him five cows worth eighteen pounds . moses davie for the value of six pounds , had taken from him four mares and sixteen ewes , worth above twenty eight pounds . iohn crosier for the value of five pounds , had taken from him for the earl of warwick six cows , and a bull , and a heifer , which was worth twenty three pounds . and the said john crosier and moses davie is carryed to prison for tythes , notwithstanding all these goods was taken away . stephen davy , sam. skillingham , iohn child , are sued for tythes in the vpper-bench . iohn chopper sued for tythes at the exchequer . an abstract of the sufferings of the innocent mentioned in this book , for not paying tythes , for not repairing steeplehouses , and not swearing , which gives a brief view of the sadness of their sufferings , and weight of their oppressions . cambridgeshire .   value of tythes demanded . value of goods taken .   l. s. d. l. s. d. robert letchworth for stephen wilson for william crane for robert crabb for clement crabb for henry place for iohn peachy for sam. cater for robert asplan for tho. dorman for will . iohnson for robert asplan for robert crabb for henry place for thomas hawks for john love for robert asplan for will . grounds for essex . robert nicholl for robert adams for glocestershire . william wooley for john cathaby for norfolk . villiam barker for richard cosin for benjamin lynes for svffolk . nichol . vvhite for antho. kittel for kent . vvilliam beane for wiltshire . john jay for roger haukins for robert smart for vvill . player for yorkshire , liverton . robert parret for the same man for the same man for william tiplady for the same for robert tilady for nichol . tiplady for robert stonehouse for james stonehouse for rowland thorpe for eliz. carcroft for eastriding . thomas leeming for thomas leeming for more for marmaduke stephenson for iohn wilson for more for walter hall for iohn cook for christopher hurdsman for christopher hutton for james turner for christopher wilson for henry wilson for iohn smith for alexander harland for christopher vvalkington for vvilliam loftus for more for vvilliam iackson for millison legg for eliz. vvhitehead for thomas tanfield for iohn nicholson for richard hawcock for john bird for marmaduke storr for westmorland . william hebson for william holme for rowland smith for richard holme for agnes teasdell for edw. robinson for richard smith for john sutton for john cam for more for mabel camme for cumberland . richard robinson for widow ayket for iohn wilkinson for thomas potter for iohn pattison for thomas wilson , alias stamper for hugh tickell for iohn vvilson for christopher scot for anthony tickell for iohn ardell for iohn bounskill for vvilliam bowman for elinor dixon for john hodgson for lancelot feron for widow ayket for henry lowthet for sufferings for not swearing . isle of ely .   l. s. d. william grounds yorkshire . robert parret robert stonehouse rowland thorp iohn wilson cumberland . iohn fell thomas fell iohn caipe iohn senhouse henry louthaite iohn richardson   edmond hunter the total summe demanded is , the total summe recovered is , which is almost four times the full value , viz. fourfold damage . more sufferings , as followeth . svffolk .   value of tythes demanded . value of goods taken .   l. s. d. l. s. d. ioseph lawrance for iames norton for iohn frier for again , james nortons farme being but l. s. d. rent , for tythes of which farm had taken from him —       john frier , his farm being but l. s. hath taken from him for the tythe of it , l. s.             richard white for norfolk . richard cousine for thomas palmer for sommerset . henry gundry for jasper ●att for john pittman for edward taylor for agnes bratt for john vando for john coll for thomas loscomb for an abstract of some of the sufferings of the people of god in scorn called quakers for tythes , and other things mentioned in another book formerly printed . graystock parish , richard gilpin priest .   value of tythes demanded . value of goods taken .   l. s. d. l. s. d. richard peacock for iohn slee for the same for margret slee , widow , and rich. her sonne . for agnes buckbarrow , thomas buckbarrow , richard buckbarrow , for john mark for the same for iohn todhunter for the same for iohn slee for iohn bewley for iohn sowerby for john vdal for richard peacock for tho. barker for john goodhowse for caldbeck parish , richard hutton priest . william stalker for richard williamson for richard nicholson for john nicholson for thomas bewley for iohn stricket for mungo arcock for john pattison for john askue for john bewley for richard banks for thomas mark for bol●on parish , john forward priest . thomas porter for john wilkinson for john pattison for john wilkinson for vidal● parish , henry fallowseild priest . vvilliam caipe for thomas fell for john caipe for matthew caipe for thomas fell for john fell , elder , for thomas fell for john caipe for george scott for skelton parish , george tiball priest . thomas harrison for john banke for priest jackson of hutton richard ireland for the called lady fletcher . mungo bewley for james steward , priest of westward : henry louthaite for priest nicholls of aicton . james barne for priest pattison of kirkbride . matthew kirkbride for peter head for for sir george fletcher , so called . widow head for mungo vvilson for rich. whiney for william allison for antho. scrugham for james vvilson for jo. salkeld of threpland . alex. stamper for tho walker for leo . fisher for iohn fell for geo. rothery for priest egglesfeild of plumland . john iredell for william bowman for tho. head for william pearson for the same for john richardson for graystock parish , another yeer for priest gilpin . iohn slee for the same for . mark , elder , for . mark , younger , for john sowerby for graystock . john todhunter for vvidow buckbarrow and her sons for ● iohn bewley for ● vvidow slee , & rich. slee for thomas slee for cuthbert hodgson for iohn , sowerby for caldbeck parish . john strickes for rich. wilson for thomas haskin for iohn haskin for iohn peacock for george scot for iohn relfe for william stalker for thomas mark for iohn nicholson for richard scot for vvidow preistman for thomas bewley for thomas rickaby for brigham parish . william richardson for henry iohnson for john gill for cockermouth parish . richard nucomb for deane parish . isabel head , vvidow , for peter head for christopher manser for caldbeck parish , richard hutton priest . thomas mark for the same for john pattison for richard scot for iohn stricket for thomas haskin for iohn haskin , elder , for william stalker for iohn nicholson for iohn peacock for bolton parish . john pattison for john wilkinson for thre pland . thomas walker for richard robinson for yorkshire . iames gurnell for robert everat for iohn iayher for alexander harland for william sharpe for matthew maire for thomas agar for william thorpe for robert bell for george matthew for edward guy for richard guy for george bland for more for richard wickinton for john wilson for walter hall for alexander harland for michael simpson for the tythe of land which he farmed for l. per an.       william pearson for christopher hutton for jeffrey nicholson for richard simpson for iohn goodrick for iohn pickering for the tythe of four calves .       iames cookeson for william peart for valentine iohnson for josias cookeson for thomas scot for thomas johnson for iohn walker for thomas thurnham for richard thomlinson for yorkshire , sedberge , and thereabouts . thomas aldam for thomas blaikeling for edward atkinson for richard speight for antho. willan for tho. willan for george maison for thomas bankes for caike parish , iames williamson priest .   value of tythe demanded . value of goods taken .   l. s. d. l. s. d. iosias cookeson for ● iames cookeson for ● iohn walker for tho. iohnson for ● westmorland , jo. vaux , priest of great musgrave . edmond whitwell for john sutton for john wilkinson for iohn wilkinson for jo. fallowfeild for henry laycock for iohn thompson for vvilliam hebson for william holme for thomas alexander for iohn smith for thomas vvharton for henry laycock for more for richard smith for john wilkinson for alice wilson for edmond vvhitwell for agnes tarne for musgrave parish . iohn vvilliamson for his son for lancashire . richard ashburner for more for vvilliam greenbanke for alice vvoodhead for dvrham . iohn richmond for clarks vvages , and repair of steeplehouses .   l. s. d. l. s. d. richard peacock for thomas barker for iohn marke for iohn dixon for tho. fletcher for iohn tison for iohn pattison for james wilson       mungo wilson       richard whiney       anthony scrugham       william iackson       more sufferings for not swearing .   l. s. d. edward peacock michael nicholson william pearson more matthew kirkbride iohn peacock iohn stainton hugh tickell thomas pyle christopher manser william stamper iohn fell thomas fell iohn caipe thomas fletcher the same the same iohn dixon george burden cheshire .   value of tythes demanded . value of goods taken .   l. s. d. l. s. d. great budworth parish . thomas buckley for george veakine for george veakine for ● runkorn parish . henry burtonwood for henry burtonwood for john burtonwood for tho. boulton for sisley cleaton for widow royle for frodsome parish . widow milner for widow milner for thomas hill for james brown for william sarret for james brown for wilinslow parish . tho. janney for tho. janney for tho. janney for tho. potts for john worthington for thomas burrowes for richard burgges for richard burgges for lawrance pearson for anne janney for mobberley parish . thomas heale for hugh strettle for for repairing steeplehovses .   l. s. d. l. s. d. tho . buckley for tho. buckley for henry burtonwood for ellihu boulton for widow royle for james brown for thomas hill for thomas hill for william sarret for john burtonwood for thomas janney for thomas pots for thomas pots for tho. worthington for richard burges for robert miller for robert miller for robert pearson for james harrison for robert pearson for john falkner for tho. lieuzley for   concerning swearing . tho. lieuzley thomas janney , thomas potts , richard burges , robert miller , james harrison , edward allcock , vvales .   value of tythes demanded . value of goods taken .   l. s. d. l. s. d. richard morre for margret waison for iohn pearke for evan stevans for oliver hould for john bevan-david for charles davise for   the summe demandedis ,       the summe recovered is ,       vvhich is fourteen times the value . the total summe of all demanded , l. s. the total summe recovered , l. s. d. more sufferings in lancashire by thomas show priest of the parish of aldingham . richard myers for the value of three pounds tythe , demanded as due to priest show , was by a writ cast into prison , & there remained prisoner two years and five months , and in that time of imprisonment for the same thing was sued up to london to answer it , and thereupon he had liberty from the sheriff to go to make his appearance ; & after that he had made his appearance at london , & was freed from his imprisonment by order , he was again summoned to appear at the assise at lancaster , to answer to the same thing ; & the priest got a judgement against him , and for the value of three pounds , took away from him five beasts worth fifteen pounds ; and the bailiff for six pence ( which he demanded as due for warning him to the sessions ) took from him a pan worth ten shillings . so the priests and bailiffs , and all covetous oppressors agree in causing the harmless to suffer , who ows no man any thing but love . richard ashburner for two pounds one shilling and three pence , had taken from him a horse and a cow worth six pounds eighteen shillings four pence ; and when they had taken this , they said they wanted seven shillings three pence of their sum , and for that the priest show caused the body of richard ashburner to be taken within ten dayes after , and to be put in close prison , and there to be kept until he dyed . thomas fell for one pound four shillings , had taken from him two horses worth four pounds . iames chambers for the value of one pound six shillings eight pence , had taken from him a horse worth four pounds . william simpson for the value of seventeen shillings , had taken from him a mare worth four pounds , for the priests use . again thomas fell by the same priest had his corn taken away off his ground ; for the priests servants carries peoples corn away upon their backs , and breaks down their hedges and walls like thieves , and yet is not punished ; and when they had taken away his corn off his ground , they took from him a young oxe worth two pounds seven shillings . again , tho. fell had three sheepe taken from him for the same priest , for the like things . edm. cleoeton ( for three shillings six pence demanded as due for tythes ) was summoned to answer at lancaster , where he cast the priest ; and the priest did again renew the suit , and by the oath of a false witness , one symond mount , who did swear to that which he did not see , as was confessed in the court afterwards ; upon which evan walls steward of the county-court , gave out a iudgement for ten shillings six pence , for which they took a mare worth six pounds . so here is six pounds taken for three shillings six pence tythe , which is thirty four times the value , and more . cartmal parish . iames taylor , tho. atkinson , richard britten , richard roper , iohn barrow , alexander rigge , lawrance newton , george garnet , william pull , for denying to pay tythes , was sued up to answer in the common-pleas , in the year . where they appeared to bear a true witness for the lord against them , and their adversarie not bringing in his bill against them , was by the court ordered to pay them four pounds ten shillings , which was brought unto them ▪ but they denyed his money , that so their innocent and clean lives might stand a witnesse against their enemies cruelty . but again the next term their enemy ( tho. priston of houlcar , esq ) sued them again into the exchequer , and all , excepting rich. roper , for the same thing , where they did appear to give their testimony against tythes , and also against his lying declaration against them ; but they were not permitted to give in their true testimony except they would swear , and so transgress the command of christ , who saith , swear not at all . and again for the same tythes in the yeer . they were sued in the court in the said parish of cartmal , and there proceeded against them ; and from james taylor took a horse , and from richard brittan another horse , and apprehended the bodies of thomas atkinson and iohn barrow , by a warrant from ioh. starkey , and so was cast into prison , and when they were in prison , they took away a cow from iohn barrow ; so that he was both imprisoned , and had his goods taken for the same thing . mighaels parish . vvilliam brewer for the value of three shillings tythe , had taken from him goods worth one pound three shillings . kellat parish . thomas leaper for denying to pay tythes , was sued at the county-court at lancaster , by william atkinson , who brought four witnesses to swear for him , one of which was priest jacques , who was the first priest that swore against the truth , and the ministers of it in its appearance in lancashire , and hath continued in swearing and lying against the truth ever since , and so ( as the scripture saith of evil men ) is grown worse and worse and by his oath , and the rest that joyned with him in the devils work , viz. to swear , and that falsly , have caused to be taken from the said thomas leaper , four beasts worth fourteen pounds , and the value of the tythes was but four pounds four shillings . robert walker , tho. commin , geo. styth , tho. green , richard weaver , was all fined ten shillings a piece at a court holden at lancaster , by the mayor and bailiffs , because they could not swear , and two of the first had goods taken from them worth one pound ten shillings ; and thus may all see how they make havock of the church . tho. pearson for tythe of the value of one pound thirteen shillings four pence , had taken from him a cow worth four pounds . and again the said tho. pearson was summoned to the court at kendall by william garnet , who brought with him a man for a witness , which swore that tho. pearson had four acres of corn that year , but afterwards confessed in the open court that he had sworn falsly , and that t. p. had but two acres and a half ; yet notwithstanding iohn archer , and tho. brathwaite , called iustices , gave forth a iudgement to distrain his goods upon this false evidence . edw. harrison for the value of one pound seventeen shillings , had taken from him a horse and forniture worth six pounds ten shillings . again the said edward for tythe of the value of sixteen shillings , had taken from him a horse worth foure pounds seven shillings . cros●whaite parish . iohn pearson for tythes of the value of two shillings , had goods taken from him worth nine shillings , for the priests use tho. pearson had goods taken from him by the same priest , worth seven shillings , and they did not tell him what they demanded , nor by what authority they took his goods . vvill . seaman summoned to a court at brumswell in suffolk , and because he could not swear , had a mare taken from him worth six pounds , by order from iohn sayer steward of the court . saul when he was a persecutor , never made such havock of the churches as these priests do , nor any that we read of did ever so spoil the saints goods as these have done ; but this is a time in which the lord is making them manifest unto all men , as the scripture saith . the priests and teachers hath told people , and perswaded them , and made them believe they did not make it their end to teach for money and for tythes , for easter-reckonings and midsummer-dues ; but now they have shewed themselves to all sorts of people , and made manifest themselves to the whole nation that that is their end , for preaching for tythes , for money , for easter-reckonings , midsummer-dues , and offerings ; they have long laid covered under that covering , and covered themselves with that , in saying that that was not their end ; but now have they declared it in the courts of the nation in haling people before magistrates , and summoning them up to their courts a hundred or two hundred miles , and casting them into prison for tythes and maintenance till death ; yea , such as they do not preach to , and do no work for , which the like was never heard of amongst the false prophets and false apostles since the world began , driveing away poor mens cattel , distraining their goods , taking away their horses , and oxen , and plow-geere , with which they should plow the land , and their cows which should give their children milk , many having not a cow left to give their poor children milk for sustenance ; and some have had their barns broken open , and have had their corn thresht out , and made spoil on at the priests pleasure ; and others that have had something to kill for the use of their families , which the priests have taken away also at their pleasure , and made havock of ; and such as have a better horse , bullock or cow then ordinary for their own use , such the priests makes choice of for their spoil , and take them from people whom they do no work for , at their pleasure , that the good savor is lost , and their profession and religion is become loath some to all the sober and moderate people that fears god ; that the teachers of the nation are become the greatest troublers of the people in the courts of the nation , and the greatest casters into prison in the nation for their bellies and maintenance , such as they do no work for , or for speaking to them ; and there is but a few magistrates in the nation that truly fears god , that are brought to take notice of these things and doings ; the lord open their eyes and understandings that they may see it , and themselves ; for the cry of the oppressed hath long been in our land ; so unlike the prophets , christ , and the apostles , have the teachers of this nation been , that they have turned against them that have been sound in the life of the prophets , christ , and the apostles doctrine . the end . the undeceiving of the people in the point of tithes: wherein is shewed, i. that never any clergy in the church of god hath been, or is maintained with lesse charge to the subject, then the established clergy of the church of england. ii. that there is no subject in the realme of england, who giveth any thing of his own, towards the maintenance of his parish-minister, but his easter-offering. iii. that the change of tithes into stipends, will bring greater trouble to the clergy, then is yet considered; and far lesse profit to the countrey, then is now pretended. / by ph. treleinie gent. heylyn, peter, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the undeceiving of the people in the point of tithes: wherein is shewed, i. that never any clergy in the church of god hath been, or is maintained with lesse charge to the subject, then the established clergy of the church of england. ii. that there is no subject in the realme of england, who giveth any thing of his own, towards the maintenance of his parish-minister, but his easter-offering. iii. that the change of tithes into stipends, will bring greater trouble to the clergy, then is yet considered; and far lesse profit to the countrey, then is now pretended. / by ph. treleinie gent. heylyn, peter, - . , [ ] p. printed by m.f. for john clark, and are to be sold at his shop under s. peters church in cornhill, london : [i.e. ] ph. treleinie = peter heylyn. annotation on thomason copy: "nou: ". reproduction of the original in the british library. eng church of england -- clergy -- salaries, etc. -- early works to . tithes -- england -- early works to . a r (thomason e _ ). civilwar no the undeceiving of the people in the point of tithes:: wherein is shewed, i. that never any clergy in the church of god hath been, or is ma heylyn, peter b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the vndeceiving of the people in the point of tithes : wherein is shewed , i. that never any clergy in the church of god hath been , or is maintained with lesse charge to the subject , then the established clergy of the church of england . ii. that there is no subject in the realme of england , who giveth any thing of his own , towards the maintenance of his parish-minister , but his easter-offering . iii. that the change of tithes into stipends , will bring greater trouble to the clergy , then is yet considered ; and far lesse profit to the countrey , then is now pretended . by p. h. treleinie gent. cor. . . who goeth a warfare any time at his own charges ? who planteth a vineyard , and eateth not of the fruit thereof ? or who feedeth a flock , and eateth not of the milk of the flock ? london , printed by m. f. for john clark , and are to be sold at his shop under s. peters church in cornhill . . the undeceiving of the people in the point of tithes . amongst those popular deceits which have been set abroad of late to abuse the people , there is not any one which hath been cherished with more endeerments , then a perswasion put into them of not paying tithes : partly , because it carrieth no small shew of profit with it , but principally as it seemes a conducible means to make the clergy more obnoxious to them , and to stand more at their devotion then they have done formerly . upon these hopes , it hath been the endeavours of some leading men to represent it to the rest as a publick grievance , that the clergy being but an handfull of men in comparison of all the rest of the kingdome , should goe away with the tenth ( or as some say , the sixth part ) of the fruits of the earth ; and that the minister sitting still in his contemplations , should live upon the sweat of other mens brows , and taking pains amongst the people but one day in seven , should have the tenth part of their estates allotted to them for their maintenance . and 't is no marvel if some few , on these mis-perswasions , have importuned the high court of parliament from time to time with troublesome and clamorous petitions to redresse this wrong ; and put them up also in the name of whole counties ( although the generality of those counties had no hand therein ) to adde the greater credit and authority to them . in which designe , although they have prevailed no further on the two houses of parliament , then to be sent away with this generall promise , that in due time their petitions should be taken into consideration ; a and that it was the pleasure of the several and respective houses , that in the mean season they should take care that tithes be duly paid according to law : yet they which have espoused the quarrell , will not so be satisfied . for when it pleased the lords and commons to set out an ordinance bearing date novemb. . . for the true payment of tithes and other duties according to the laws and customes of this realm ; there came out presently a pamphlet entituled , the dismounting of the ordinance for tithes ; followed & backed by many a scandalous paper of the self-same strain . and when it seemed good to the said lords and commons , on the precipitancy of some of the clergy under sequestration , to set out their additionall ordinance of the th of august , anno . it was encountred presently with a scurrilous pamphlet , entituled , a preparation for a day of thanksgiving to the parliament for their late ordinance for tithes , newly mounted and well charged with treble damages , for the peoples not giving the tenth part of their estates to the clergy or impropriators . and this , according to the style of those petitions , is said to bee the result of the parliaments friends in hartfordshire ; though i am verily perswaded that few , if any of the gentry and men of quality in the county , were acquainted with it . but be it the result of few or many of the parliaments friends ( though i conceive they are but back-friends to the parliament , who set so sleight a value on their constitutions ) the title doth afford two things worthy consideration : first , that the maintenance of the clergy here by law established , is said to bee by giving to them the tenth part of every mans estate : and secondly , that the blow goes higher then before it did , and aims not onely at the devesting of the church of her ancient patrimony , but at the depriving of the gentry of their impropriations , which many of them hold by lease , many by inheritance , all by as good a title as the law can make them . i know there hath been great pains taken by some learned men , to state the institution and right of tithes , and severall judicious tractates have been writ about it : which notwithstanding have not found such entertainment as they did deserve : partly , because being written in an argumentative way , they were above the reach of the vulgar reader ; but principally , because written by men ingaged in the cause , and such as might be byassed with their own interesse in it . for my part , i am free from all those ingagements which may incline mee to write any thing for my private ends , being one that payeth tithes and such other duties as the lawes and ordinances doe injoyn . and though i sit far off from the fountain of businesse , and cannot possibly see at so great a distance , what might best satisfie the doubts and clamours of unquiet men : yet i shall venture to say somewhat in a modest way towards the vndeceiving of the people in this point of tithes , whose judgements have been captivated by those mis-perswasions , which cunningly have been communicated and infused into them . and i shall doe it in a way , ( if i guesse aright ) which hath not yet been travelled in this present point ; such as i hope will satisfie all them of the adverse party , but those who are resolved before-hand , that they will not be satisfied . for whereas the whole controversie turneth on these three hinges : first , that the maintenance allowed the clergy is too great for their calling , especially considering the small number of them : secondly , that it is made up out of the tenth part of each mans estate ; and thirdly , that the changing of this way by the payment of tithes into that of stipends , would be more gratefull to the countrey , and more ease to the clergy : i shall accordingly reduce this small discourse unto these three heads . first , i will shew , that never any clergy in the church of god hath been , or is maintained with lesse charge to the subject , then the established clergy of the church of england . secondly , that there is no man in the realm of england , who payeth any thing of his own towards the maintenance of his parish-minister , but his easter offering . and thirdly , that the changing of tithes into stipends , would bring greater trouble to the clergy , then is yet considered , and far lesse profit to the countrey , then is now pretended . these propositions being proved , ( which i doubt not of ) i hope i shall receive no check for my undertaking , considering that i doe it of a good intent to free the parliament from the trouble of the like petitions , and that the common people being disabused , may quietly and chearfully discharge their duties according to the laws established ; and live together with that unity and godly love which ought to be between a minister and his congregation . this is the sum of my designe , which if i can effect , it is all i aim at : and with this declaration of my minde and meaning , i trust this short discourse of mine will be , if not applauded , yet at least excused . first then i am to prove this point : i. that never any clergy in the church of god , hath been , or is maintained with lesse charge to the subject , then the established clergy of the church of england . for proof of this , we must behold the church of god , as it stood under the law in the land of canaan , and as it now stands under the gospel in the most flourishing parts of christendom . under the law , the tribe of levi was possessed of cities , and the territories round about them , extending every way for the space of cubits , which in so small a country was a greater proportion , then the rents received by the clergy for all the bishoprick and chapter lands in the realm of england . then had they besides tithes ( whereof more anon ) the first-born of mankinde , and all unclean beasts , which were redeemed at the rate of five shekels apeece , amounting in one month to s. d. and of the firstlings of clean beasts , their bloud being sprinkled on the altar , and the fat offered for a burnt-offering , the flesh remained unto the priests . of which , see num. . v. , , , . they had also the first-fruits of wine , oyl , and wool , deut. . v. . yea , and of all things else which the earth brought forth for the use of man ; the first-fruits of the dough , numb. . v. , . the meat-offerings , the sin-offerings , the trespasse-offerings b , the shake-offerings , the heave-offerings , and the shew-bread : as also of all eucharisticall sacrifices , the breast and the shoulder ; of others , the shoulder , and the two cheeks , and the maw c ; and of the whole burnt-offering , they received the skin d . then adde , that all the males of the tribes of israel , were to appear thrice yearly before the lord , and none of them came empty-handed : and that if any had detained any thing in part or in whole , which was due by law , he was to bring a ramme for an offering , to make good that which was detained , and to adde a fift part to it in the way of recompense . besides , these duties were brought in to the priests and levites without charge or trouble . and if any for their own ease desired not to pay in kinde , but to redeem the same for a summe of money ; the estimation of the due was to be made by the priest e ; and a fifth part added , as before , for full satisfaction . in a word , such and so many allowances had the priests and levites , that setting by the tithes of their corn and cattell and of all manner of increase ; their maintenance had far exceeded that of the english clergy ; and adding unto these the tithes of all creatures tithable , it doth more then double it . for in the payment of their tithes by the lords appointment , there was not only a full tenth of all kinds of increase , but such an imposition laid on all kinds of grain , as came to more then a sixt part of the crop it self : insomuch that of bushels , accrued unto the priests and levites ; . remaining only to the husbandman . for first , out of bushels ( and so accordingly in all after that proportion ) a sixtieth part at least , ( and that they tearmed the therumah of the evill eye , or the niggards first-fruits ) was to bee set apart for the first-fruits of the threshing floor ; which was one hundred in the totall . out of the residue , being bushels , the first tithe payable to the levites , which lived dispersed and intermingled in the rest of the tribes , came to bushels ; and of the residue being bushels , were paid for the second tithe unto the priests , which ministred before the lord in his holy temple ; yet so , that such as would decline the trouble of carrying it in kinde unto hierusalem , might pay the price thereof in money according to the estimate which the priests made of it . to which a fift part being added ( as in other cases ) did so improve this tithe to the priests advantage ; as that which being paid in kind , was but tenne in the hundred , being thus altered into money , made no lesse then threescore . now lay these severall sums together , and of bushels , as before was said , there will accrew to the priest and levite , and but to the lord or tenant . by which accompt the priests and levites in the tithing of bushels , received twice as much within a little , as is possessed or claimed by the english clergy , even where the tithes are best paid , without any exemptions , which are so frequent in this kingdome . but then perhaps it will be said , that the levites made up one of the twelve tribes of israel , and having no inheritance amongst the rest but the tithes and offerings , besides the cities before mentioned , were to bee settled in way of maintenance correspondent unto that proportion . but so it is not in the case of the english clergy , who are so far from being one in twelve or thirteen at most , that they are hardly one for an hundred ; or as a late pamphlet doth infer , not one for five hundred ; f who on this supposition , that there are men and women in a countrey parish , the lands whereof are worth l. per annum , and that the minister goeth away with l. a year of the said two thousand : concludeth , that hee hath as much for his own particular , as any sixscore of the parish , supposing them to be all poor or all rich alike : and then cries out against it as the greatest cheat and robberie that was ever practised . but the answer unto this is easie , i would there were no greater difficulties to perplexe the church . first , for the tribe of levi , it is plain and evident , that though it passe commonly by the name of a tribe , yet was it none of the twelve tribes of israel , the house of joseph being sub-divided into two whole tribes , those namely of ephraim and manasses , which made up the twelve . and secondly , it is as evident , that it fell so short of the proportion of the other tribes , as not to make a sixtieth part of the house of jacob . for in the general muster which was made of the other tribes , of men of years and upwards , such onely as were fit for arms and such publick services , the number of them came unto fighting men ; to which if we should adde all those which were under years and unfit for service , the number would at least be doubled . but the levites being all reckoned from a month old and above , their number was but in all , ( of which see num. . . & . . ) which came not to so many by as the onely first-born of the other tribes : and therefore when the lord took the levites for the first-born of israel , the odde were redeemed according to the law , at five shekels a man , and the money which amounted to shekels was given to aaron and his sons , num. . , . which ground so laid according to the holy scriptures , let us next take a view of the english clergy , and allowing but one for every parish , there must bee , according to the number of the parish churches ; or say ten thousand in the totall , the residue being made up of curates officiating in the chappels of ease throughout the kingdome : and reckoning in all their male children from a month old and upwards , the number must be more then trebled . for although many of the dignified and beneficed clergy doe lead single lives , yet that defect is liberally supplied by such married curates , as do officiate under them in their severall churches . and then , as to the disproportion which is said to be between the clergy and the rest of the people , one to five hundred at the least : the computation is ill grounded , the collection worse . for first , the computation ought not to be made between the minister and all the rest of the parish , men , women , and children , masters , and dames , men-servants , & maid-servants , and the stranger which is within the gates ; but between him and such whose estates are titheable , and they in most parishes are the smallest number . for setting by all children which live under their parents , servants , apprentices , artificers , day-labourers , and poor indigent people : none of all which have any interest in the titheable lands : the number of the residue will be found so small , that probably the minister may make one of the ten , and so possesse no more then his own share comes to . and then how miserably weak is the collection wch is made from thence , that this one man should have as much as any sixscore of the rest of the parish , ( supposing that the parish did contain persons ) or that his having of so much were a cheat and robbery ? and as for that objection which i find much stood on , that the levites had no other inheritance but the tithes and offerings , numb. . . whereas the english clergy are permitted to purchase lands , and to inherit such as descend unto them ; the answer is so easie , it will make it selfe . for let the tithes enjoyed by the english clergy descend from them to their posterity , from one generation to another , as did the tithes and offerings on the tribe of levi : and i perswade my self , that none of them will be busied about purchasing lands , or be an eye-sore to the people in having more to live on then their tithes and offerings . til that be done , excuse them if they doe provide for their wives and children , according to the lawes both of god and nature . and so much for the parallel in point of maintenance , between the clergy of this church and the tribe of levi . proceed we next unto the ministers of the gospel at the first plantation , during the lives of the apostles , and the times next following ; and we shall finde , that though they did not actually receive tithes of the people , yet they still kept on foot their right ; and in the mean time , till they could enjoy them in a peaceable way , were so provided for of all kind of necessaries , that there was nothing wanting to their contentation . first , that they kept on foot their right , and thought that tithes belonged as properly to the evangelicall priesthood , as unto the legall : seems evident unto me by s. pauls discourse : who proves melchisedeks priesthood by these two arguments : first , that he blessed abraham ; and secondly , that he tithed him , or received tithes of him . for though in our english translation it be onely said , that he received tithes of abraham , which might imply that abraham gave them as a gift , or a free-will-offering , and that melchisedek received them in no other sense : yet in the greek it is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which in plain english is , that he tithed abraham , and took them of him as his due , heb. . . if then our saviour be a priest after the order of melchisedek , as no doubt he is , hee must have power to tithe the people as well as to blesse them , or else he comes not home to the type or figure : which power of tithing of the people , or receiving tithes of them , since he exerciseth not in person ; it seems to me to follow upon very good consequence , that hee hath devolved this part of his power on those whom he hath called and authorised for to blesse the people . certain i am , the fathers of the primitive times , though they enjoyed not tithes in specie , by reason that the church was then unsettled , and as it were in motion to the land of rest , ( in which condition those of israel paid no tithes to levi ) yet they still kept their claim unto them , as appears clearly out of origen , and some other ancients . and of this truth i think no question need be made amongst knowing men . the only question will be this , whether the maintenance which they had till the tithes were paid , were not as chargeable to the people as the tithes now are ( supposing that the tithes were the subjects own ) . for my part i conceive it was , the people of those plous times not thinking any thing too much to bestow on god , for the encouragement of his ministers , and the reward of his prophets . they had not else sold off their lands and houses , and brought the prices of the things which were sold , and laid them at the apostles feet , as we know they did , acts . , . but that they meant that the apostles should supply their own wants out of those oblations , as well as the necessities of their poorer brethren . i trow , the selling of all , and trusting it to the dispensing of their teachers , was matter of more charge to such as had lands and houses , then paying the tenth part of their house-rent , or the tithe of their lands . and when this custome was laid by , ( as possibly it might end with the apostles themselves ) the offerings which succeeded in the place thereof , and are required or enjoyned by the apostolicall canons , were so great and manifold , that there was nothing necessary to the life of man , as honey , milke , fowl , flesh , grapes , corn , oyl , frankincense , fruits of the season , yea strong drink , and sweet mears , which was not liberally offered on the altars , or oblation-tables : insomuch as the authour of the book called the holy table , name , and thing , &c. according to his scornfull manner , saith of them , that they were rather panteries , larders , or store-houses , then so many consecrated altars . and though he make those canons but as so many pot-guns , yet as great criticks as himselfe esteeme otherwise of them , as his antagonist in that quarrell proves sufficiently . and as for that particular canon which requires these offerings , it is but an exemplification or particularizing of that which is more generally prescribed by s. paul , gal. . . where he enjoyneth him that is taught to communicate to him that teacheth him , in omnibus bonis , in all his goods , as the rhemists read it very rightly , & not in all good things , as our late translation . now this injunction reacheth to all sorts of people , to the poor as well as to the rich , as appears plainly by a passage in s. cyprians works , where he upbraids a wealthy widow for coming empty-handed , and without her offering to the altar of god , and eating of that part of the sacrifice which the poor had offered g . to the improvement of the maintenance of him that teacheth , not only the rich men were to offer out of their abundance , but the poor woman also was to bring her mite . they had not else come home to saint pauls commandment , which reacheth unto all sorts of people without any exception ; to every one according to that measure of fortune which god hath given him : which clearly sheweth , that though the payment of tithes fall heavier upon landed men , then possibly it might doe in the primitive times , before the church was in a condition to demand her rights : yet speaking generally of the people of a church or parish , the charge was greater to them then , then it hath been since ; the greatest numbers of the people being freed from tithes , ( because they have no lands from whence tithes are payable ) who could not be discharged from the communication of their goods and substance without a manifest neglect of saint pauls injunction . more then this yet , besides what was communicated in a private way , for the incouragement and support of him that taught ; which we may well conceive to be no small matter : the publick offerings of the people were of so great consequence , as did not onely serve to maintain the bishop , according to his place and calling , and to provide also for the priests or ministers which served under him ; but also to relieve the poor and repair their churches h . and therefore certainly the faithfull of those times were generally at more charge to maintain their ministery , then the subject is with us in england ; the greatest part of which by far pay no tithes at all to the parish-minister , and no man any thing at all towards the maintenance of the bishop , as in former days . follow we our designe through severall countries , and we shall finde the clergy of most parts in christendome , either more plentifully endowed , or else maintained with greater charge unto the subject , then the clergy of the church of england . in france , the authour of the cabinet computes the tithes and temporall revenues of the clergy , besides provisions of all sorts , to millions of crowns ; but his accompt is disallowed by all knowing men . bodin reporteth from the mouth of monfieur d' alemant , one of the presidents of accompts in paris , that they amount to millions , and of their livres , which is l. of our english mony ; and he himself conceives that they possesse seven parts of twelve of the whole revenues of that kingdome . the book inscribed comment d' estat gives a lower estimate , and reckoning that there are in france millions of arpens , which is a measure somewhat bigger then our acre , assigneth millions , which is neer a fourth part of the whole , to the gallican clergy . but which of these soever it be we think fit to stand to , it is resolved by them all that the baise manie , which consists of offerings , churchings , burials , diriges , and such other casualties , amounteth to as much per annum , as their standing rents : upon which ground , sir edwin sandys computeth their revenue at six millions yearly . in italy , besides the temporall estate of the popes of rome , the clergy are conceived to have in some places a third part of the whole ; but in most a moyetie . in spain , the certain rents of the archbishoprick of toledo , are said to be no lesse then crowns per annum ; which is far more then all the bishops , deans , and prebendaries , do possesse in england . in germany , the bishops for the most part are powerfull princes ; and the canons of some churches of so fair an intrado , and of such estimation amongst the people , that the emperours have thought it no disparagement to them , to have a canons place in some of their churches . and as for the parochial clergy in these three last countries , especially in spain and italy , where the people are more superstitious then they be in germany , there is no question but that the vailes and casualties are as beneficiall to them , as the baise manie to the french . but here perhaps it will be said that this is nothing unto us of the realm of england , who have shook off the superstitions of the church of rome , and that our pains is spent but to litle purpose , unlesse we can make good our thesis in the churches protestant . we must therefore cast about again : and first , beginning with france , as before we did , we shall finde that those of the reformed party there , not onely pay their tithes to the beneficiary , who is presented by the patron to the cure or title ; or to the church or monastery to , which the tithes are settled by appropriations ; but over and above do raise an yearly maintenance for those that minister amongst them . just as the irish papists pay their tithes and duties unto the protestant incumbent , and yet maintain their own priests too by their gifts & offerings ; or as the people in some places with us in england , doe pay their tithes unto the parson ▪ or vicar whom the law sets over them , and raise a contribution also for their lecturer , whom they set over themselves . in other countries where the supream governours are reformed or protestant , the case is somewhat better with the common people , although not generally so easie as with us in england . for there the tithes are taken up by the prince or state , and yearly pensions assigned out of them to maintain the ministers ; which for the most part are so small , and so far short of a competency ( though by that name they love to call it ) that the subject having paid his tithes to the prince or state , is fain to adde something out of his purse , towards the mending of the stipend . besides , there being for the most part in every church two distinct sorts of ministers , that is to say , a pastor who hath cure of souls , and performs all ministeriall offices in his congregation ; and a doctor ( like our english lectures , which took hint from hence ) who onely medleth with the word . the pastor onely hath his stipend from the publick treasurer , the doctor being maintained wholly ( as i am credibly informed ) at the charge of the people : and that not onely by the bounty or benevolence of landed men , but in the way of contribution , from which no sort of people of what rank soever , but such as live on alms or the poore mans box , is to be exempted . but this is onely in the churches of calvins platform , those of the lutheran party in denmark , swethland , and high germany , having their tithes and glebe they had before ; and so much more in offerings then with us in england , by how much they come neerer to the church of rome , both in their practise and opinions , ( especially in the point of the holy sacrament ) then the english doe . and as for our dear brethren of the kirk of scotland , who cannot be so soon forgotten by a true born english man , the tithes being settled for the most part on religious houses , came in their fall , unto the crown , and out of them a third was granted to maintain their minister : but so ill paid while the tithes remained in the crown , and worse when alienated to the use of private gentlemen , that the greatest part of the burden for support of the ministery , lay in the way of contribution , on the backs of the people . and as one ill example doth beget another , such lords and gentlemen as had right to present to churches , following the steps of those who held the tithes from the crown , soon made lay-fees of all the tithes of their own demesnes , and left the presentee such a sorry pittance , as made him burthensome to his neighbours for his better maintenance . how it stands with them now since these late alterations , those who have took the nationall covenant , and i presume are well acquainted with the discipline and estate of the scottish kirk ( which they have bound themselves to defend and keep ) are better able to resolve us . and so much for the proof of the first proposition , namely , that never any clergy in the church of god , hath been , or is maintained with lesse charge of the subject , then the established clergy of the church of england . and yet the proof hereof will be more convincing , if we can bring good evidence for the second also : which is , ii. that there is no man in the kingdome of england , who payeth any thing of his own towards the maintenance and support of his parish-minister , but his easter-offering . and that is a paradox indeed , will the reader say . is it not visible to the eye , that the clergy have the tenth part of our corn and cattell , and of others the increase and fruits of the earth ? doe not the people give them the tenth part of their estates , saith one of my pamphlets ? have they not all their livelihoods out of our purses , saith another of them ? assuredly neither so , nor so . all that the clergy doth receive from the purse of the subject , for all the pains he takes amongst them , is two pence at easter . he claims no more then this as due , unlesse the custome of the place , ( as i think in some parts it is ) bring it up to sixe pence . if any thing be given him over this by some bountifull hand , he takes it for a favour , and is thankfull for it . such profits as come in by marriages , churchings , and funerall sermons , as they are generally small , and but accidentall : so hee is bound unto some speciall service and attendance for it . his constant standing fee , which properly may be said to come out of the subjects purse for the administration of the word and sacraments , is nothing but the easter-offering . the tithes are legally his own , not given unto him by the subject , as is now pretended , but paid unto him as a rent-charge laid upon the land ; and that before the subject , either lord or tenant , had any thing to do in the land at all . for as i am informed by sir edw : coke in his comment upon littletons tenures , li. . cap. . sect. . fo. . it appeareth by the laws and ordinances of ancient kings , and specially of king alfred , that the first king of this realm had all the lands of england in demesne and les grands manours & royalties , they reserved to themselves , and with the remnant they for the defence of the realm enfeoffed the barons of the realm with such jurisdiction as the court baron now hath . so he , the professed champion of the common laws . and at this time it was , when all the lands in england were the kings demesne , that ethelwolph , the second monarch of the saxon race ( his father egbert being the first which brought the former heptarchie under one sole prince ) conferred the tithes of all the kingdome upon the church , by his royall charter . of which , thus ingulph abbot of crowland an old saxon writer . i an. . ( which was the of his reign ) king ethelwulph with the consent of his prelates & princes which ruled in england under him in their severall provinces , did first enrich the church of england with the tithes of all his lands and goods , by his charter royall . ethelward , an old saxon , and of the bloud royall , doth expresse it thus k : he gave the tithe of his possessions for the lords own portion , and ordered it to be so in all the parts of the kingdome under his command . florence of worcester in these words , l king ethelwolfe for the redemption of his own soul , and the souls of his predecessors , discharged the tenth part of his realm of all tributes and services due unto the crown , and by his perpetuall charter signed with the signe of the crosse offered it to the three-one god . roger of hovenden hath it in the self-same words ; and huntingdon more briefly thus , m that for the love of god and the redemption of his soul , he tithed his whole dominions to the use of the church . but what need search be made into so many authours , when the charter it self is extant in old abbot ingulph , and in matthew of westminster , and in the leiger book of the abbey of abingdon ? which charter being offered by the king on the altar at winchester , in the presence of his barons , was received by the bishops , and by them sent to be published in all the churches of their severall diocesses : a clause being added by the king ( saith the book of abingdon ) that whoso added to the gift , n god would please to prosper and increase his days ; but that if any did presume to diminish the same , he should be called to an accompt for it at christs judgment seat , unlesse he made amends by full satisfaction . in which as in some other of the former passages , as there is somewhat savouring of the errour of those darker times , touching the merit of good works ; yet the authorities are strong and most convincing for confirmation of the point which we have in hand . now that the king charged all the lands of the kingdome with the payment of tithes , and not that onely which he held in his own possession , is evident both by that which was said before from sir edw : coke , and by the severall passages of the former authours . for if all the lands in the kingdome were the kings demesnes , and the king conferred the tithes of all his lands on the church of god , it must follow thereupon that all the lands of the realm were charged with tithes before they were distributed amongst the barons for defence of the kingdome . and that the lands of the whole realm were thus charged with tithes , as well that which was parted in the hands of tenants , as that which was in the occupancy of the king himself ; the words before alledged doe most plainly evidence ; where it is said that he gave the tenth of all his lands , as ingulph ; the tithe of his whole land , as henry of huntingdon ; the tenth part of his whole kingdome , as in florence of worcester ; the tenth part of the lands throughout the kingdome , in the charter it self . and finally , in the book of abingdon , the charter is ushered in with this following title ; viz. quomodo ethelwolfus rex dedit decimam partem regni sui ecclesiis , that is to say , how ethelwolf gave unto the church the tenth part of his kingdome . this makes it evident , that the king did not only give de facto , the tithe or tenth part of his whole realm to the use of the clergy ; but that he had a right and a power to doe it ; as being not onely the lord paramount , but the proprietary of the whole lands ; the lords and great men of the realm not having then a property or estates of permanency , but as accomptants to the king , whose the whole land was . and though it seems by ingulph their consents were asked , and that they gave a free consent to the kings donation ; yet was this but a matter of form , and not simply necessary : their approbation & consent being only asked , either because the king was not willing to doe any thing to the disherison of his crown , without the liking and consent of his peers ; or that having their consent and approbation , they should bee barred from pleading any tenant-right , and be obliged to stand in maintenance and defence thereof against all pretenders . and this appears yet further by a law of king athelstanes , made in the year , about which time not only the prelates of the church , as formerly , but the great men of the realm , began to be settled in estates of permanency , and to claim a property in those lands which they held of the crown ; and claiming , to make bold to subduct their tithes . for remedy whereof , the king made this law , commanding all his ministers throughout the kingdome , that in the first place they should pay the tithes o of his own estate , ( that is to say , that which he held in his own hands , and had not estated out to his lords and barons ) and that the bishops did the like of that which they held in right of their churches ; & his nobles and officers of that which they held in property , as their own possessions or inheritance . by which we finde that tithes were granted to the clergy out of all the lands in the kingdome , and the perpetuall payment of them laid as a rent-charge on the fame , by the bounty and munificence of the first monarchs of this realm , before any part thereof was demised to others . and if perhaps some of the great men of the realm had estates in property ( as certainly there were but few , if any , which had any such estates in the times we speak of ) they charged the same with tithes by their own consent , before they did transmit them to the hands of the gentry , or any who now claim to lay hold under them . so then , the land being charged thus with the payment of tithes , came with this clog unto the lords and great men of the realm ; and being so charged with tithes by the kings and nobles , have been transmitted and passed over from one hand to another , untill they came to the possession of the present owners . who whatsoever right they have to the other nine parts , either of fee-simple , lease , or copy , have certainly none at all in the tithe or tenth , which is no more theirs , or to be thought of , then the other nine parts are the clergies . for whether they hold their lands at an yearly rent , or have them in fee , or for tearm of life , or in any other tenure whatsoever it be they hold them , and they purchased them on this tacite condition , that besides the rents and services which they pay to the lord , they are to pay unto the clergy , or unto them who do succeed in the clergies right , a tenth of all the fruits of the earth , and of the fruits of their cattell , and all creatures tithable , unlesse some ancient custome or prescription doe discharge them of it . and more then so , whether they hold by yearly rent , or by right of purchase , they held it at lesse rent by far , and buy it at far cheaper rates , because the land it self and the stock upon it is chargeable with tithes , as before was said , then they would doe , or could in reason think to do , were the land free from tithes , as in some places of this realm it is . to make this clearer by example of an house in london , where , according to the rent which the house is set at , the minister hath s. d. out of every pound in the name of a tithe . suppose we that the rent of the house be l. the ministers due according unto that proportion , comes to l. s. d. yearly ; which were it not paid , and to be paid by law to the parish-minister , there is no question to be made , but that the landlord of the house would have raised his rent , and not content himself with the l. but look for l. s. d. which is the whole rent paid , though to divers hands . and if this house were to be sold at years purchase , the grantee could expect no more then l. because there is a rent of l. s. d. reserved to the minister by law , which is to be considered in the sale thereof ; whereas if no such rent or tithe were to issue out of it , he would have as many years purchase for the sum remaining , which would inhaunce the price l. higher then before it was . now by this standard we may judge of the case of lands , though by reason of the difference of the soil , the well or ill husbanding of grounds , and the greatnesse or smalness of the stock , which is kept upon them , it cannot be reduced to so clear a certainty . but whatsoever the full tithe of all be worth to the minister , we may undoubtedly conclude , that if so much as the tithe comes to yearly , were not paid to him , the landlord would gain it in his rent , and the grantee get it in the sale : no benefit at all redounding to the tenant by it , nor any unto him that buyeth it . or if we will suppose with one of my pamphlets , and let it be supposed this once for our better proceeding , that he who officiates in a parish where tithes are paid in kind without any substractions , hath the fift part of every landed mans estate , that is to say , four pounds in every l. per annum : the purchaser or tenant , be he which he will , may positively build on this in his better thoughts , that if four pounds in twenty were not paid to the minister , the tenant must pay to his landlord , and the purchaser must buy it at the same rates , as he did the rest of the land . but being that neither the tenant pays rent for it , nor the purchaser hath it in his grant for him that selleth the land unto him , the tithe of the increase of their land and stock , and other creatures tithable in their possession can be none of their own , but must be his , and onely his , whom the munificence of kings and princes , confirmed by so many laws and statutes , have conferred it on . his part indeed it is , not ours , ( not the tenth part of our estates , as my pamphlet saith ) & he receives it of us as a rent or duty , transmitted to us with the land from one hand to another ; not as a matter of gift , or an act of courtesie . if then we pay not any thing of our own to the parish-minister , which ariseth to him from the increase of corn and cattell , and other creatures tithable by the law of the land ; i think it cannot be affirmed by discerning men , who are not led aside by prejudice and prepossessions , that we give any thing at all of our own unto them , more then our easter-offering , be it more or lesse . 't is true , some statutes have been made about the payment of personall tithes , out of the gains arising in the way of trade : and i remember dr burgesse writ a book about it , for which he stands as highly censured by the independent p , as for other things by those of the prelaticall party . but then i think it is as true , that either those statutes were drawn up with such reservations , or men of trades have been so backward to conform unto them ; that little or no benefit hath redounded by them to the parish-minister , more then to shew the good affections which the parliaments of those times had unto the clergy . and if we pay nothing of our own towards the maintenance of the clergy out of the increase of our grounds and stock , as i have plainly proved we doe not ; and that no benefit come unto them from the gains of trading , as i think there comes not : if those small vailes and casualties which redound unto him from marriages , churchings , and the like occasions , be given unto him for some speciall service which he doth perform , and not for his administration of the word and sacraments ; i hope my second proposition hath been proved sufficiently , namely , that there is no man in the kingdome of england who payeth any thing of his own towards the maintenance of his parish-minister , but his easter-offering ; if so , as so it is for certain , there hath been little ground for so great a clamour as hath been lately raised about this particular : lesse reason to subduct or to change that maintenance which the piety of our kings have given , and the indulgence of succeeding princes have confirmed in parliament , without any charge unto the subject . which change , though possibly some specious colors may be put unto it , will neither be really beneficiall to the clergy or laity . and that conducts me on to my last proposition , viz. iii. that the change of tithes into stipends will bring greater trouble to the clergy , then is yet considered ; and far lesse profit to the country , then is now pretended . this is a double proposition , and therefore must be looked on in its severall parts : first , in relation to the clergy , whose ease is very much pretended , and next in reference to the occupant , whose profit onely is intended in the change desired . it is pretended for the clergy q to be a very difficult thing to know the dues demandable in their severall parishes , that it maketh them too much given unto worldly things , by looking after the inning and threshing out of their corn ; and doth occasion many scandalous and vexatious suits betwixt them and their neighbours : all which , they think will be avoided , in case the ministers were reduced to some annuall stipend . and to this end it is propounded by the army in their late proposals , that the unequall , troublesome , and contentious way of ministers maintenance by tithes , may be considered of , ( in parliament ) and a remedy applied unto it . but under favor of the army , and of all those who have contrived the late petitions to that purpose ; i cannot see but that the way of maintenance by annuall stipends will be as troublesome , unequall , and contentious too , as that of tithes by law established ; especially if those annuall stipends be raised according to the platform which is now in hand . for , as far as i am able to judge by that which i have seen and heard from the chief contrivers , the design is this . a valuation to be made of every benefice over all the kingdome , according to the worth thereof one year with another ; a yearly summe according to that valuation to be raised upon the lands of every parish , which now stand chargeable with tithes ; the mony so assessed and levied , to be brought into one common treasury in each severall county , and committed to the hands of speciall trustees hereunto appointed ; and finally , that those trustees doe issue out each halfe year such allowances to the ministers of the severall parishes , respect being had unto the deserts of the person and the charge of his family : yet so , that the impropriatours be first fully satisfied according to the estimate of their tithes and glebe . this is the substance of the project . and if the moneys be assessed in the way proposed , onely upon the landed men , whether lords or tenants , and not upon artificers handicrafts , and men of mysterious trades , who receive equall benefit by the ministers labours ; the way of maintenance by stipends will be as unequall altogether , as by that of tithes . and if it be but as unequall , i am sure it will be far more troublesome . for now the minister or incumbent hath no more to doe , but to see his corn brought in and housed ( being to be cut and cocked to his hand both by law and custome ) and being brought in , either to spend it in his house , or sell the residue thereof to buy other provisions . which if hee think too great an avocation from his studies , he may put over to his wife , or some trusty servant , as gentlemen of greater fortunes doe unto their bailifs . and i my self know divers clergy men of good note and quality , to whom the taking up of tithes brings no greater trouble , then once a month to look over the accompts of their servants : besides , that many of them , keeping no more in their hands , then what will serve for the necessary expence of houshold , let out the rest unto some neighbour at an yearly rent . but when the tithes are turned to money , and that the minister hath neither corn nor hay , nor any other provision for expence of houshold , but what hee buyeth by the penny : what an unreasonable trouble must it needs prove to him to trudge from one market to another , for every bit of bread he eats , & every handfull of malt which he is to spend ? and if corn happen to be dear , ( as it is at this present ) one quarter of a years provisions bought at the price of the market , may eat out his whole years allowance . besides , i would fain learn , for i know not yet , whether the valuation be to be made yearly , and to hold no longer then that year , or being once agreed on to endure for ever . if it be made from year to yeare , either the minister must be at a certain trouble in driving a new bargain every year , with each severall and respective occupant within the parishes ; or at a greater trouble in attending the trustees of the county , till they have list and leisure to conclude it for him . but if the valuation once made be to hold for ever , which is i think , the true intent of the designe ; i would fain know , in case the price of all commodities should rise as much by the end of the next hundred years , as it hath done in the last , and so the next hundreds after that ; how scant a pittance the poor minister will have in time for the subsistence of himself and his family-charge . for since the of king henry the th when a survay was taken of all the spirituall promotions in this kingdome , and the clear yearly value of each returned into the court of the exchequer , the prices of commodities have been so inhaunced , that had not benefices been improved proportionably , but held unto the valuation which is there recorded , the ministery in generall had been so poor , so utterly unable to have gone to the price of the markets , that many must have digged or begged for an hungry livelihood . and yet we doe not see an end of the mischief neither ; for when the tithes are changed to a sum of money , and the mony brought into a common bank or treasury , hee will bee sure to undergoe a certain losse , and be vexed with more uncertain troubles . for when this clergy-office is once erected and settled in a constant course or method , as all offices be ; there must be treasurers , receivers , tellers , auditours , besides under-offices , in each severall county : every of which will look to have some benefit by his place and office , if not his whole subsistence by it . and i would fain know of these grand projectors , by that time every one of these cooks hath licked his fingers , and each cerberus hath had his mouth full ; how pitifully short the commons must needs prove to the hungry clergy , who are to live on the remainder . now as the losse is more then certain , so will the trouble be as great as the losse , and no lesse certain too , though it be uncertain . for when the poor clergy-man hackneyeth to receive his stipend , how many put-offs shall he finde , ere he speed of his business . for either mr treasurer is not at leisure , or the money is not yet come in , or better men then he must be sped before him : and having danced a fortnight in this attendance , may possibly be forced to a composition , and take egs for his money , or else pay very dearly for his expedition . such courses have been formerly complained of in the kings exchequer ; committees in the countrey are not free from the like complaints : and much i fear , lest this new office prove as full of delaies and trouble ( for the best of us are but men , and subject to corrupt affections ) as either of the others have been found to be . but then , if mr treasurer have a further power either of augmentation or of diminution , according as he judgeth of the ministers diligence , or looks upon him in respect of his charge and family : what a base vassallage and thraldome must the poor clergy-man bee brought to , in having such a super-intendent to judge of his parts and diligence , or to assigne him an allowance for his wife and children ? how punctually must mr treasurer be attended and crouched unto , gifted , and bribed from time to time , either in hope to have the yearly stipend mended , or else for fear to have it lessned ? the chancellors were thought to lord it with too high an insolency , when the poor country-minister did appear before them . but these who are to bear the bag , and upon whom the clergy must depend for a poor subsistence , will bee sure to lord it over them with contempt enough ; more then the chancellour or bishop in the worst times of their government : in case at last they doe not think all wast which is given to christ , under pretence of keeping it for more pious uses . and what a trouble and vexation to ingenuous mindes this must needs be thought , let the reader judge . so then , the way of ministers maintenance by yearly stipends being as unequall , and more troublesome then that of tithes ; let us next see whether it may not prove as contentious also . t is true indeed , there have been many suits in the courts of westminster , between some incumbents and their neighbours about matter of tithes ; but if it be examined where the fault lieth most , i doubt it will be rather found to proceed out of covetousness in some parishioners , then any difficulty in discovering the demandable dues , or any contentiousness in the ministers . for many countrey people reckoning all good gains of which they can defraud the parson , are apt enough on all occasions to subduct their tithes , and either to pretend customes , or plead prescriptions , to decline the payment . and though they commonly attempt it first in such trifling matters , as are not considerable in themselves , and would bring a scandall on the minister , should he be too strict , and trouble them for matters of so sleight a nature : yet when he looks upon the consequent , and that the withholding or subducting of those petit tithes , is but to make a way for the rest to follow ; hee findes more reason to insist on a punctuall payment , then otherwise the nature of the thing would bear . and if a suit ensue upon it , i see not why it should be charged upon the minister , who is accomptable to god , the church , and his whole succession , from any diminution of the churches rights , by his remisnesse or connivence . but wheresoever the fault lies , contentious suits doe sometimes happen , there is no question of it . and can wee think contentions will not also rise about the payment of the stipends ? some men conceive themselves to be over-rated , others are apt enough to think that the tradesmā who gets more by his shop , then they doe by the plough , should be as liable as themselves to this common burden ; and some beleeving that no tithes are due at all , will neither pay in kinde or money . some course must then be taken to inforce a payment , where payment is denied upon these pretentions : and there is no compulsive course without some contention . and then supposing that some course must be taken to inforce a payment , ( as i can see no hope how it will be avoided ) i would next know by whom this course must be pursued . if by the trustees for the county , they will be like to prove but ill solicitors in another mans business , as being to get nothing but their pains for their labour ; besides that , spending , as they must , on the common stock ( and men we know , are very apt to cut large thongs out of another mans leather ) the bill of charges for one suit , may possibly devour the fruits of the whole benefice . if by the minister himself , as it is most likely , we are but where we were before , and by avoiding one contention for tithes in kind , the minister must be ingaged in another for tithes in money , which comes all to one . for that such suits will follow on this alteration , i look on as a matter unavoidable ; considering especially , how infinitely the countrey-man , who aims at nothing in the change but his gain or profit , will finde himself deceived of his expectation , and consequently will be more stubborn and untractable when he seeth his errour . for that the change of tithes into annuall stipends , will not be so much unto his profit as he doth expect , & hath been intimated to him by some leading men , who have the hāmering of the plot , will be no hard matter to demonstrate . i know that nothing is pretended openly in the alteration , but that the occupant may have his tithes at a certain rent ; and not be troubled to expect till the parson comes to set out his dues . but i know too , that generally they have been fed with a secret hope , that if the parliament prevailed in the present war , they then should pay no tithes at all , but every man of what estate or trade soever , should be contributory to the charge of the ministers maintenance . iust so the prince of orange dealt with the boors of holland : assuring them , that if they prospered in the war against the king of spain ( which was then in hand ) they should pay no tithes unto their ministers ; and in the mean time that the tithes should be taken up towards the maintenance of the war for the common liberty . but when the war was brought to so fair an issue , that the boor thought to be exempted from the payment of tithes : answer was made , that they should pay none to the minister as they had done formerly , whereby their ministers in effect were become their masters , but that the tithes were so considerable a revenue , that the state could not possibly subsist without them ; that therefore they must be content to pay them to the states commissioners , as they had done hitherto , and that the state would take due care to maintain a ministery . by means whereof they doe not onely pay their tithes , as in former times : but seeing how short the publick allowance made their ministers , doth come of that which some are pleased to call a competency , they are constrained ( as it were ) out of common charity , if not compelled thereto by order , to contribute over and above , with the rest of the people , for the improvement and increase of the ministers pension . and so it was in scotland also , after the lords of new erection had ingrossed the tithes . i cannot say that there is any such designe as to annex the tithes to the crown , ( though if they be taken from the clergy they ought of common right to return again unto the crown , from whence they came . ) but i dare say the landholder will conceive himself as much defrauded of his expectation , as if there was : and when he findes , that in stead of paying no tithes at all , he is to pay a valuable consideration in money for them , will think himself so far from being beholding to the vndertakers of this project , that he will think the old way better , and more easie to him . his money he accompts his own , and parts as sadly from it as from so much of his bloud . the tithes he looks upon as another mans , which never were in his possession , or to be reckoned of as a part of himself ; and therefore lets them goe without grief and trouble . and i have marked it commonly amongst my neighbours ( who i beleeve are of the same temper with other occupants ) that the same men who took no thought for parting with their tithes in kinds , having compounded for them at a rate in money , invented more delays , & made more excuses to put the payment off for a week or two , and so from one day to another , then for the payment of their tithes in all their life time . so dear a thing is money to us country people , that he who shall perswade us to redeem a supposed inconvenience with a reall and a constant expence of treasure , will be counted but an evill counsellor . a visible evidence whereof we have now amongst us . for though the quartering of soldiers be the heaviest bondage that ever a free-born people did languish under , and such as men of means and quality would buy out upon any tearms : yet generally the country man had rather make himself a slave , and his wife a drudge , and let them spend upon his victuals , then part with mony to remove them to some other place . my inference hereupon is this ; either the valuation of each severall benefice will be true and reall to the worth , or not . if not , it may redound indeed to the ploughmans profit , but then it comes accompanied with a publick fraud , which i beleeve no christian state will be guilty of . and on the other side , if the rates be made according to the full worth of the benefice , it will be little to the profit of the husbandman ; who might have farmed his tithes as cheap of the parson or vicar ; besides the hearts-grief it will be unto many of them to part with ready money for a thing of convenience , without which they might live as happily as their fathers did . and if it be not to the profit of the ploughman this way , i am sure that in another way it will not be to his content , or his profit either . for taking it for granted , as i think i may , that i have hit on the designe which is now on foot , that is to say , that the yearly profits of each benefice in every county be brought into one common bank or treasury within the county , and then disposed of by trustees , according as they judge of the deserts of the person , and take into consideration his family-charge : it may so happen , ( and will doubtlesse ) that in a parish where the tax or sessement cometh to l. per annum , the minister may not be allowed above an hundred . the residue will be wholly in mr treasurers power , either to feast it with his friends , or lay up for his children ; or at the best to settle it on such who relate unto him , or can make means and friends to enlarge their pensions , though such perhaps as were never seen nor heard of by the parish , whence the money comes . and if men think it , as it is , an ill peece of husbandry , to have the soil carried off their own land , and laid on anothers , to the impoverishing of their own , and enriching of his , i cannot see but that it will be thought a worse peece of husbandry , and prove of very ill digestion to most country stomacks ; to have the fat of their livings carried to another place , and given unto a man whom they never saw , and who is never like to feed their souls with the bread of life , or their bodies with the life of bread : their own poor minister mean while , from whom they have reason to expect it , being so discouraged and impoverished that he can doe neither . for whereas those who were possessed of the richer benefices , did use to keep good hospitality , to entertain their neighbours , and relieve their poor , and doe many other good offices amongst them as occasion served , both to the benefit and comfort of all sorts of parishioners ; it may so happen , and it will ( as before i said ) that the minister may be so ill befriended by mr treasurer , and the rest of the trustees for the county , that in stead of being either a benefit or a comfort to them , in the way proposed , he may prove a burden , & a charge . and though i doubt not but as great care will be taken , as can be desired in the choice of those who are to have the disposing of the publick monies : yet to suppose that men once settled in an office of such trust and power , may not be subject unto partialities and corrupt affections , were an imagination fitter for the lord chancelour verulams new atlantis , or sr thomas more his predecessors old vtopia , or a platonick common-wealth , then the besttempered government in the christian world . for my part , looking into the designe with the best eyes i have , and judging of it by the clearest light of understanding , which god hath given me , i am not able to discern but that the change of tithes into stipends ( in the way propounded ) will bring greater trouble to the clergy then is yet considered ; and far lesse profit to the countrey then is now pretended : which is the third and last of my propositions ; and is , i hope , sufficiently and fully proved , or at the least made probable , if not demonstrative . i have said nothing in this tract of the right of tithes , or on what motive or considerations of preceding claim , the kings of england did confer them upon the clergy : contenting my self at this time with the matter of fact , as namely , that they were settled on the church by the kings of this realm , before they granted out estates to the lords and gentry , and that the land thus charged with the payment of tithes , they passed from one man to another , untill it came unto the hands of the present occupant ; which cuts off all that claim or title which the misperswaded subject can pretend unto them . i know it cannot bee denied , but that notwithstanding the said grants and charters of those ancient kings , many of the great men of the realm , and some also of the inferiour gentry possessed of manours , before the lateran councell , r did either keep their tithes in their own hands , or make infeodations of them to religious houses , or give them to such priests or parishes , as they best affected . but after the decree of pope innocent the d , ( which you may find at large in sr edw : cokes comment upon magna charta , and other old statutes of this realm , in the chapter of tithes ) had been confirmed in that councel , ( anno ) and incorporated into the canons and conclusions of it , the payment of them to the minister or parochiall priest , came to be settled universally over all the kingdome : save that the templars , the hospitalers , and monkes of cisteaux held their ancient priviledges of being excepted for those lands which they held in occupancy from this generall rule . nor have i said any thing of impropriations ; partly , because i am perswaded that the lords and gentry , who have either votes or friends in parliament , will look well enough to the saving of their own stakes ; but principally , because coming from the same original grant from the king to the subjects , & by them settled upon monasteries and religious houses , they fell in the ruine of those houses to the crown again , ( as of due right the tithes should doe , if they be taken from the clergy ; ) and by the crown were alienated in due form of law , and came by many mean conveyances to the present owners . onely i shall desire that the lords and commons would take a speciall care of the churches patrimony , for fear lest that the prevalency of this evill humour which gapes so greedily after the clergies tithes , doe in the end devour theirs also . and it concerns them also in relation to their right of patronage , which if this plot goe on , will be utterly lost : and churches will no longer be presentative at the choice of the patron ; but either made elective at the will of the people , or else collated by the trustees of the severall counties ( succeeding as they doe in the power of bishops ) as now committee-men dispose of the preferments of the sequestred clergy . if either by their power and wisdome , or by the arguments and reasons which are here produced , the peoples eyes are opened to discern the truth , and that they be deceived no longer by this popular errour , it is all i am at : who have no other ends herein but onely to undeceive them in this point of tithes ; which hath been represented to them as a publick grievance conducing manifestly to the diminution of their gain and profit . if notwithstanding all this care for their information , they will run headlong in the ways of spoil and sacriledge , and shut their eyes against the light of the truth , shine it never so brightly : let them take heed they fall not into that infatuation which the scripture denounceth , that ▪ seeing they shall see , but shall not perceive ; and that the stealing of this coal from the altars of god , burn not down their houses . and so i shut up this discourse with the words of our saviour , saying , that no man tasteth new wine , but presently he saith , that the old is the better . finis . notes, typically marginal, from the original text notes for div a e- a as in the answer to those of hartford , kent , &c. b levit. . . & . . . c lev. . , . d ib. v. . e lev. . , . f tithegatherers no gospel-ministers . g locuples & dives in dominicum sine sacrificio venis , & partem sacrificii quod pauper obtulit sumis . cypde piet . & eleemos . h beda in histor eccles. l. . i anno . rex ethelwulfus , omnium praelatorum & principum suorum qui sub ipso variis provinciis totius anglia praeerant gratuito consensu , tunc primo cum decim●s terrarum & bonorum aliorum sive catallorum , universam dotavit ecclesiam per suum regium chirographum . ingulph . k decimavit de omni possessione sua in partem domini , & in universo regimine principatus sui sit constituit . ethelward . l aethelwulphus rex decimam totius regni sui partem , ab omni regali servitio & tribut● liberavit , & in sempiterno graphio in cruce christi , pro redemptione animae suae & praedecessorum suorum uni & trino deo immolavit . florent . wigorn . m totam terram suam propter amorem dei & redemptionem ad opes ecclesiarum decimavit . henr. huntingd. n qui augere voluerit nostrā donationem , augeat omnipotens deus dies ejus prosperos ; siquis verò mutare vel minuere praesumpsert , noscat se ad tribunal christi redditurū ration● , nisi prius satisfactione emendaverit . o vt imprimis de meo proprio reddant deo decimas ; & episcopi mei similiter faciant de suo proprio , & aldermanni mei & praepofiti mei . p as in the book called tithegatherers no gospel-officers . q as in the kentish petition and other projects of that kind . r ante concilium lateranense , bene poterant laici decimas sibi in feudum retinere , vel aliis quibuscunque ecclesiis dare . lindwood in provine . cap. de decimis . tumulus decimarum: or, the history of tythes; from their nativity, to this present day of their expected ruine and downfal, . by h.p. h. p. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) tumulus decimarum: or, the history of tythes; from their nativity, to this present day of their expected ruine and downfal, . by h.p. h. p. p. printed for giles calvert, at the black-spread eagle, near the west-end of pauls, london : . annotation on thomason copy: " ber. [i.e. november] ". reproduction of the original in the british library. eng tithes -- early works to . great britain -- church history -- th century -- early works to . a r (thomason e _ ). civilwar no tumulus decimarum: or, the history of tythes;: from their nativity, to this present day of their expected ruine and downfal, . by h.p. h. p. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion tumulus decimarum : or , the history of tythes ; from their nativity , to this present day of their expected ruine and downfal , . qui stultescit , stultescat adhuc . by h. p. london : printed for giles calvert , at the black-spread eagle , near the west-end of pauls , . tumulus decimarum . in the division of the land of canaan , the levites had no part or portion of the land set out or alotted for their tribe ; but instead thereof god gave them a tenth of all israel for an inheritance . the levites were divided into sorts or kinds ; aaronites , in which line the high-priests office onely continued . koathites , these were appointed over the tabernacle , to attend it , and the utensils thereof ; and these men onely received tythes from the people . gershonites , mararites , none of the tribe of levi exercised the priesthood , but onely those that were lineally descended from aaron . and as the priests office was distinct from that of the levite , so was their maintainance also distinct ; for the high-priest had a tenth of the tenth deliver'd to him by the rest of the levites , bes●●es his official fees of every sacrifice : as deut. . ▪ numb. . . he had also the first fruits ( but in what quantity the owner pleased to give him ) numb. . he had also the first born , or their redemption's , with a fifth part added as a surplussage , exod. . v. . chap. . v. , . levit. . . nay further , the priests had divers other advantages for the increase of their maintainance , besides the super-tenths , first-fruits , and primogenitures , viz. all things to be restored , when there was known no right owner , numb. . . also they had their share in the second sort of tythes ( which were to be spent in feasting in jerusalem , deut. . . ) and also in the third sort of tythes which were triennial , and laid aside every three years for the levite and the poor , deut. . . now when this moving church ( i mean the tabernacle ) was at last fixed in the land of canaan , and solomon had converted it into a glorious temple , new officers of the levites were constituted ; as porters , singers , treasurers , with their under officers &c. the progeny of aaron also then increasing , was divided into ranks , or orders , and every one to serve in course , and burn incense , by turns , chron. , , chapters . at last , in the fulness of time , when our second high priest the lord jesus appeared , ( who sprang from the tribe of judah , and not of levi , and who was made a priest , not after the law of a carnal command , but after the power of an endless life ; and who disanulled the commands going before ( as the author to the hebrews emphatically expresses it , heb. . ) he put a full end and period to all the ceremonies of the levitical ministry , to circumcision the passover , all sacrifices ordinances ; yea , and customary laws and maintainance too , of the old aaronical priesthood , ( for since the priesthood is changed , the law must needs be changed also , heb. . . ) neither did he or his apostles in the least go about to maintain or establish primitials , tyths , super-tenths , primogenital redemptions , or any other levitical setled maintainance or deodands whatsoever ; but freely lived of the free will offerings and retribution of the saints , which had a community of all things amongst themselves : as acts . v. , , . acts . v. . but a little while , after the apostles themselves ordain'd that , every man possessing his own estate , weekly offerings for the saints should be made proportionally as god had blessed them , cor. . , , , &c. by these examples , monethly contributions came in custom in the primitive churches ; as may at large be seen by tertulli apologet. chap. . euseb. lib. . chap. . a while after that , by these examples enlightning the pious intentions of our fore-fathers , lands began to be given to the church-treasury , to be disposed of to pious uses , as , persons necessitated , widows , orphans , and the like . the priests themselves , having food and rayment ( according to the apostle ) were to be content therewith , concil. antioch . an. , chrysostome ▪ who lived years after christ , speaks not the least of tythes . their first re-introduction , or resurrection , was about anno . or . when the popes and their councils began to be in power , and began to transform their high priest the pope into the old garb and roabs of aaron , with his crown , miter , surplice , ephod , canonical girdle , scarlet robes , tippet , and the like , just as old aaron was apparel'd ; to whom , as to aaron also , they cry'd up first-fruits , tythes , and such like jewish contributions , to be due even jure divino ; nay , and that his holiness might want nothing of aaron's formalities , their cathedrals , with altars , candlesticks , lavers ▪ fonts , organs , choristers , porters , treasurers , and such like nenethims of our days , with all the judaical ceremonies and bravery , were erected : so that they seem'd not long ago to act the jew , better than the jews themselves do in their own synagogues . the pope having got this spiritual revenue annexed to his church and popedom , as an eternal property ; he began now to make proportional subdivisions in parishes , and restrain the payment of tythes to such and such parochial churches , not onely to limit the charity which before lay in common , but he begun then also to introduce his appropriations , and to entail certain church ▪ livings to one certain succession of spirituall men ; and so to uphold his monasteries , priories , abbies , nunneries , and the like . he drew off the tythes of many large and fruitful parishes , and appropriated them to such and such p●r●icular monasteries ; exempting also such lands , as the monks held in any place , from being tytheable to the incumbents of the said parish . thus the templars and cistertian order and others came to be tythe free : for he who usurp'd their first impasition , might well stretch his power to their exemption . nay , see how his pretended holiness stretches his usurpation ! for having gotten the praedial tythes , that is the farm-tythes , or increase of the earth and first-fruits into his clutches : he could not be content with that , but he must plead for personal tythes also to be jure divino ; and challenge a tythe from all mens callings whatsoever , ( whether mechanical or theoretical ; ) as may be seen in the decretals of pope gregory the th . . but then though it was generally believ'd , that the tythe ought to be paid , and that the misguided zeal of our forefathers had wrought them into that creed ; yet were they not yet restrained solely to ecclesiastical uses , but to the relief of widows , orphans , and the poor , ( as in our english statutes also at large doth appear ) : nor was any man's charity limited to this or that place , but he might give his tenths or lands whither he pleased ; and that made many of our abbies in england inricht with far-off gratuities and donations ( as may amply be seen in the late monasticon anglicanum . ) lastly , harry the th perceiving the popes usurpation , and knowing himself to have as much ( if not more ) right over the churches revenue , than his pretended holiness had , he wisely demolishes the abbeys , and impropriated the popes appropriations , or ra her re-imbursed the tenth to the lay-nine parts again , from which they were at first extra●●ed ; and so the tenths became lay ▪ possessions in england again , as well as charles martel had made them in france . thus we have impartially drawn down the genealogy of tythes from the jewish to the roman high-priest ; and from him , and his constitutions ecclesiastical , to these our present days . now to make some coherent deductions from all the premisses ; i shall draw this conclusion . that since the primitive institution of tythes was onely judaical , and peculiarly designed for that nation , upon a temporary precept ; since they were paid at the first to the levites ( who were not to touch the priests office lest they dyed ) and not to the sons of aaron ; since amongst the jews themselves , there was no civil law , nor coercive power for the recovery of them ; since they were not appropriated to the levites onely , but extended to the relief of the poor and distressed widows and orphans ; since the judaical priesthood was totally changed at the coming of our high priest , and not onely their ceremonies , but all other their laws , rites , and customs extinguish'd and abolish'd thereby : since tything was no way mention'd , much less used in the primitive churches ; since it was the pope only that re-introduced them , and preach'd up the judaical ceremonies , and their decimal contributions again , and at last enforced them upon us ( by his ecclesiastical courts ) as a duty ; and gratified at his pleasure some of his beloved orders , with exemption from the same ; since all our laws made for the payment of the same , have been made by papistical parliaments , or those popishly , prelatically , or presbyterianly affected , or impropriators themselves as parties : and lastly since tythes are an exaction more unjust , irrational , and unconscionable in this commonwealth of ours , ( as i shall hereafter make appear ) : certainly all moderate and indifferent persons , must needs be evinced that our clergy at this day have small interest or title , much less any divine right , claim , or property to them . but because we have undertaken the stating and determining of so great a controversie as this is , we shall not rashly pronounce judgment , nor give a definitive sentence against tythes , till we have summon'd in the parties concern'd , that you may hear what these spiritual usurpers , and their advocates , can say for themselves , to confirm or uphold this their fading title . these spiritual defendants , & their advocates therefore say , that tythes are payable to the clergy by a five fold claim and title , viz. jure divino , divine right . jure ecclesiastico , church right . jure donationis , guift right . jure civili , legal right . lege praescriptionis , by prescription . those church advocates that undertake to defend them to be jure divino , produce these scripture evidences . that abraham paid tythes to melchisedeck , ( which was before the levitical law ; ) and christ was made a priest after the order of melchisedeck . ergo . jacob vow'd the payment of tythes , gen. . . as of a tribute due to god . ergo . . that the tribe of levi had them paid by god's peculiar commandement by the law of moses . and malachi , chap. . ver. ▪ . ye are cursed with a curse for ye have robbed me ; yea , even this whole nation saith the lord ▪ bring ye all the tythes intothe store-house , that there may be meat in mine house . ye tythe mint and cummin ( luke . . ) saith our saviour , as a thing he approved of : also , cor. . , . with many other such like places in the new testament , which plead for ministers maintainance . the heat of all which objections , i think i shall cool , and allay with these mild ensuing answets . first , to the first i answer , that the tythe that abraham gave to melchisedeck ( at the famous interview of those two great personages ) was a gratuity , and not any accustomary due or tribute : for i never read that he paid any before , or ever after to him . that was also a tenth onely of the spoyls and plunder that he had taken from the tetrarchs , or four kings before mentioned ; and not any tenths of his own , either personal , or real estate : and the apostle to the hebrews avouches it to be so : for the original words there ( chap. . ver. . ) are , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the tenth of his spoyls , or of the principal and prime goods of the heap . and the learned josephus , a jew himself , and therefore one who could best interpr●t the qua●●ity , as well as quantity of abraham's offering , sayes , it was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the tenth of what was gotten by the war , and so not any praedial or personal tythes , or divine tribute whatsoever . secondly , as for that of jacob , it was onely a voluntary and conditional obligation of his , and not any customary tribute , or necessary duty ; for if so ▪ he was bound to perform tything , whether he bad vow'd or no ; and whether the condirion of god's part had been performed yea or no : but suppose that tythes were a sacred tribute , commanded by god himself to be paid by jacob : this proves nothing that they ought to be paid since our saviours appearance . no more do the other texts of malachi , or any other part of the old testament . thirdly , as for the texts of the new testament ( as luke . . cor. . . or any other evangelical evidence whatsoever , they neither joyntly nor severally ; simply , nor comparatively prove , that our saviour nor his apostles , have by any evangelical precept , precisely appointed any such quantum , or measure , as a tenth portion of our increase or profits , to be paid to the evangelical ministry : all that can be squeez'd out of any of the texts there , is that a proportionate competency , and handsome maintainance may be given to the gospel ministry , that so the ministers of the gospel may live of the gospel , which we shall not with hold from an honest , godly , and sincere clergy , that they may live as well of their gospel , as the ministers of the altar did of the altar . to those who claim tythes by an ecclesiastical right , or church property , estab●isht by popes , general councils , synods , conclaves , and the like , and their decretals , constitutions , canons , &c. to these i shall need to say no more , but that the primitive church of christ had no such cu●●om amongst them : besides , since we have discarded the popes supremacy , few of the prelacy , or presbytery either , will own this objection . some ( whose wits will needs go a wool-gathering ) will challenge them by a right of donation , which is as poor a plea , as may be ; for what right hath any king or ruler ( because lord paramount ) to give the tenth of the increase of my labours ; or , at worst , by the same right that he gave them , why may not his successor revoke them : and how can a primitive injury be made good by succession , or a traductional custom validate and make that good , which was injurious and compulsory in its first institution . others therefore claim this revenue by a civil right , and temporal laws of this land , made and confirm'd by severall kings and parliaments ; and by this means , they say , they have as good right and title to the tythes , as others to their free rents , lands , and possessions . to these i answer , that the law is the conservator , but not the giver of right and property : it gives nothing , but commands a quiet enjoyment of what was before given . besides , they are no tythes if they be called a temporal or civil right ; but rather rent-charges , or lay-fees : whereas i have demonstrated before , that they were always demanded , and acknowledged , and received , as ecclesiastical rights and dues : but if they be temporal rights , i hope none will deny , but if a temporal power first ordained them , a temporal power may likewise disordain and reverse them . i shall therefore conclude all with these few queries , which i shall leave to the decision of every indifferent and unprejudic'd reader . . if these spiritual rents or tythes must continue , should they not i pray you be paid , according to their primitive institution , and to the end for which they were first commanded , that is for the use of strangers , fatherless and widows , and to the officers , over cathedrals , churches , and chappels , which are the koathites , goershonites , and mararites of our days ; and not to any priest or parson at all , who are onely to receive a super-tenth from them . . if the entail of this church-inheritance cannot be cut off by man ( but by god onely ) why should not the first fruits also be paid to the ministery , which of old was aarons sole properly , and his successors peculiar inheritance ? and why , i pray you , should these first-fruits be now reduced to a certain and determinate value , which before was appointed as a voluntary retribution , and in what measure and quantity the owner pleased to give to aaron , and the priesthood . . if the tythe ( according to all the levitical formalities and rites ) must be paid ; why should not the second and third , as well as the first tythes be paid to them , with all other sacerdotal and official fees ; as redemptions , fifths , deodands , and the like : nay ▪ why should not their cities , and fair suburbs be assigned and set out apart for them , as was of old ? numb. . . and then farewel nobility and gentry : we should all be trampled on presently by the surmounting clergy . for , what a vast revenue would even the redemptions of our first-born be , in such a populous nation as ours is ? ( especially if both poor and rich should pay alike , as of old they did ) ? and all this would but run in as one stream into the church-corban , or treasury , which none might pick the lock of , but st. peter's keyes ; ( that is , the clergy themselves to make use of all their pleasure ) which i am afraid would employ it to little better ends , than the old pharisaical priests did their co●ban ; out of which it should seem they took the pieces of silver , with which they hired judas to betray our saviour with : else ●fter judas his recantation and restitution of them , why should it be disputed , whether they should be returned and repayed thither again or no ? . if tythes must continue , why should not that branch , or part of them , that has lain so long under alienation from h. . till this day , be restored , and a re-appropriation made of all the impropriations whatsoever ? nay , and all the ecclesiastical revenues of cathredrals , abbyes ▪ monasteries , nunneries , covents , and the like , be restored to the primitive uses again , and all the popish exemptions themselves be exempted : and then if all tythes were paid in kind , and by all men whatsoever ; and a restitution of all alienations whatsoever , instead of having a church in england , we should have all england in a church . . if the tenth of every mans increase should be given to these men of god , why should it be of the praedial tythes , or visible increase onely ; and so the poor husbandman ( especially in all lands less fruitful than that of canaan ) be the deepest pay-master ; is it not meet , that in great cities and places of commerce and trade ( where lands are the least part of their subsistency ; and where the ●oor farmer makes one peny profit , they get ten ) is it meet and rational , that these men should go scot-free ? and not pay the tenth ( or at least some competent part or portion ) of their profits , as well as the farmer and copyholder , a tenth of his increase ? for if the old leviticall tribute must continue ; certainly tra●…es mens personal estates , as well as husband-mens real and apparent increases , should proportionally contribute : yea ▪ and by the example of melchisedeck , should not all military spoyls also both by sea and land be decimable ? and if our parsons got but once setled in a right of both praedial and personal tything , they would soon turn as great exactors as the pharisaical tythemongers of old that spared not the very mint , anise , and cummin , and such poor hearbs of the garden , but would needs decimate the goodwifes-husbandry therein . nay , if personal tything obtain , would they not have ( think you ) a tythe of our brains and s●udies , as well as of our mechanical labours and handyworks ? and then it will be past jesting with tully , who says , he never knew any man that vow'd the tenth of his wit and discretion to god hercules . sixthly , and lastly , whether the mosaical institution of tythes , and the payment of them by israel , ( after their settlement in the land of canaan ) was not a more equal way ▪ than it can be in our land of england ; theirs being a land which super-abounded with corn , wine , milk , and honey , and a compleat affluence of all things ; and so was no great charge and trouble to the countrey farmers , or occupyers of land there : whereas ours , for the greatest part of all england , being so wild , barren , and naturally unfertele , that the tythe of many a mans increase , is more then the rent of all his lands : nay , and many mans pains , charges , and expences , in manuring , liming , plowing , sowing , and renting of his grounds , above the one moiety of his whole years increase and profit : and is it not reason and conscience , yea both , that if i pay a tenth of my increase to the parson , he should re-pay or deduct a tenth of all my necessary charges and expences whatsoever disbursed , towards the production of that increase ? finis . living words through a dying man being a melodious song of the mercies and judgments of the lord, sung by a disciple of christ on his dying bed, when the pangs of death were upon his outward man. with an arrow shot against babylon, being a direct prophecy of the downfal of her merchants, the hirelings and false prophets. with sweet exhortations and prophecies also of the spreading of the glorious truth of god, until it shall have covered the face of the whole earth. by one who dyed a prisoner for the testimony of jesus, francis patchet. patchet, francis, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) living words through a dying man being a melodious song of the mercies and judgments of the lord, sung by a disciple of christ on his dying bed, when the pangs of death were upon his outward man. with an arrow shot against babylon, being a direct prophecy of the downfal of her merchants, the hirelings and false prophets. with sweet exhortations and prophecies also of the spreading of the glorious truth of god, until it shall have covered the face of the whole earth. by one who dyed a prisoner for the testimony of jesus, francis patchet. patchet, francis, d. . p. s.n., [s.l. : printed in the year, ] imprint from smith. copy trimmed at foot with loss of imprint. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng patchet, francis, d. -- early works to . quakers -- early works to . tithes -- great britain -- controversial literature -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion living words through a dying man ; being a melodious song of the mercies and judgments of the lord , sung by a disciple of christ on his dying bed , when the pangs of death were upon his outward man. with an arrow shot against babylon , being a direct prophecy of the downfal of her merchants , the hirelings and false prophets . with sweet exhortations and prophecies also of the spreading of the glorious truth of god , until it shall have covered the face of the whole earth . by one who dyed a prisoner for the testimony of jesus , francis patchet . rev. . . fear none of these things that thou shalt suffer : behold the devil shall cast some of you into prison , that ye may be tried ; and ye shall have tribulation ten dayes ; but be thou faithful unto death , & i will give thee a crown of life . cor. . . though our outward man perish , yet the inward man is renewed day by day . cor. . . for our light affliction , which is but for a moment , worketh for us a far more exceeding and eternal weight of glory . several testimonies concerning the faithful servant of god francis patchet of scotforth , in the county of lancaster , who dyed a sufferer for the testimony of jesus ; which he held against the antichristian oppression of tythes inflicted upon him by one — garthwaite the priest of lancaster : and because for good conscience sake he could not satisfie the vnlawful and vnreasonable dem●nds of the said priest , in giving , or paying him tythes , he cast him into prison in lancaster ; but this not being sufficient to satisfie his envy and cruelty ( as afterwards will further appear ) would not let him be so near home , but removed him to london , about miles from his abode , where he was committed to the fleet prison until the time of sickness , which was unto death ; and dyed a prisoner the d . of the th moreth , . the testimony of christopher and elizabeth cheesman concerning him . i have a living testimony to bear concerning francis patchet that faithful sufferer in the cause of god , who held forth his testimony unto the end of his dayes against the oppression of tythes , for which he dyed a prisoner at london , about one hundred and eighty miles from his habitation , being sent thither by a persecuting hireling priest , because for good conscience sake he could not satsfie his greedy appetite , in paying or giving him tythes ; which being in direct opposition to the government of our lord iesus christ our high priest , who was sent by the father , and offered up himself once for all , to put an end to the first priesthood , with tythes and offerings appertaining to the first covenant : and therefore doth every one that believeth in christ iesus the second covenant , and in faithfulness obey him , deny to pay tythes , and to maintain such ministers , who abide not in christ's doctrine , who said , freely ye have received freely give ; which command , the apostles and ministers of christ , in dayes past , did keep , as do his ministers in this our age , glory to the lord god forever . christ and his apostles and ministers took no tythes , nor persecuted any , either for maintenance , or because they differed from them in worship or religion . and those ministers who obey christ , and abide in his doctrine , and follow his example , and the example of his holy apostles ; those are true ministers , and profit the people : but those who preach for filthy lucre ; and persecute those ( who are taught of god ) for wages , for whom they do no work ; such are they the prophet speaks of , that run and god never sent them , and therefore they profit not the people at all . and this faithful sufferer loved not his life unto death , but laid it down in testimony for the truth of god , & a witness against the persecuting hireling priest ; and is now crowned with glory immortal among the redeemed of the lord for ever and evermore . and i ( being a frequent visiter of him for divers dayes before his death , yea , many times in a day , and in that night also ; when pangs of death took hold onf his outward man , under which he lay with much patience , even as a lamb with out complaint , and as one not alrighted or disturbed at the appearance of death ) can give a further and ciearer testimony of his faithfulness to the pure truth of god , which he spake and declared of , some few hours before his departure , being very weak , insomuch that according to outward appearance his sudden departure was much expected ; and all about him did conclude , that his breath was almost gone ; but after he had lain still a little while , being a little after the . hour of the night , at which time he began to speak & continued speaking till about the . hour , in praising and magnifying the name of the lord ; but his voice at first was so weak ; that we could not clearly hear what he said , only we understood that he pray'd & said o lord god of mercy , preserve thy people , & immediately his speech was strengthned , & he spake with an audible voice ; so that he was heard over all the chamber where he lay , and he began to sing forth of the mercy & goodness of the lord , and said , o lord god everlasting praises everlasting , glory and honour for ever be given to thy name ; thou hast made way for thy redeemed as in ancient dayes , when thou madest the sea dry land for thy people israel to go through ; oh glory and honour for ever be unto thy name , who art unchangeable in all thy wayes ; thou madest man in thy own image , in thy likeness madest thou him ; but he lost it through disobedience : but o lord , in thy unexpressible love thou sent thy only son iesus christ the new man ( not old adam ) to redeem again ; oh everlasting praises to thy name for ever saith my soul ; oh the seed ; the little seed must spring and grow , till it comes to reign , whose right it is , and all that stands in opposition against it must be brought under ; all that is contrary to it , must bow to its appearance : oh our god! there is no god like to our god : he hath given his son a light into the world and his salvation to the ends of the earth , glory and honour to the lord for ever : o this blessed day ! wherein truth has appeared : oh england's glory ! truth , truth , against all untruth . oh friends , obey the truth , love the truth , buy the truth and sell it not . ah christ iesus the way , the truth and the life ! oh my dear friends , brethren and sisters , that are here with me , i know you not ( that is , after the flesh ) love the truth , obey the truth ; truth , truth , truth ; god's truth is pure , it is holy , it admits of no impurity , of no mixture ; it leads out of the fall , out of the old adam : oh the little seed that grows in god's garden ! ah dear friends , work in the garden of god , mind the little penny , work in the garden of god : oh how love springs up in my heart ! oh praises , praises , thanksgiving and halelujah's unto our god for ever , saith my soul . oh the unutterableness , the unspeakable love to my soul this night ! oh praises , pràises unto the lord , and all that is within me give thanks and magnifie his name for ever , and ever more . and speaking of the house of the lord and temple of the lord , he said , glorious is the house of god ; oh! a house of holiness , a pure house , a house of love , and her gates praise : oh our god is a consuming god ; he consumes all that is bad , all impurity , all uncleanness : our god consumeth all that is unholy , all that is wrong : and our god is light , and in him is no darkness at all . oh dear friends , brethren and sisters , dwell in the light ; he that dwelleth in the light , dwelleth in god ; but he that dwelleth not in the light dwelleth not in god , but in darkness , and so in wickedness , in sin and transgression , in the pride of life , and the vanities of the world . so my dear friends , brethren and sisters , love the truth , believe in the truth , and the truth will make you free : and so all that abide in the truth they spring forth and grow like as the willows by the water courses , and shall never be barren or unfruitful . oh friends , the day , the promised seed is come ? oh the glory of england ! a blessed day is broken forth that shall never end ; he is come to reign whose right it is . oh the lamb shall have the victory against all opposition whatsoever : christ jesus is come the promised seed , which shall grow and prosper till it hath covered the face of the whole earth . and in prayer he said , o lord preserve all friends , my dear brethren and sisters , in the truth to the end and for ever . this is part of what this faithful sufferer did declare , when pangs of death were upon his outward man , witnessed by christopher and elizabeth cheesman . and so he went forward , praising and magnifying the lord , declaring of his great and wonderous works from the creation to this day ; and of the great love of god in sending his son for the redemption of man , and bringing of man back out of the fall : and he spake much of the lord 's making way for his people in this nation of england , as in ancient dayes he made way through the red sea for his chosen israel to pass forth of egypt on dry land : and he declared very much concerning the temple of god , and house of god , and garden of god , beyond what we have retained in memory , or can commit to writing ; and that god is light , and in him is no darkness at all ; and they that love god are in the light , and they that love not god , are in darkness , and they that hate the light walk in darkness , and in the vanities and delights , and the abominations of the world : and further magnifying the name of the lord said , oh the light and everlasting day that is now broken forth , it is the glory of england ; and the work of the lord shall prosper against all opposition whatsoever . and he often repeated it over , — oh the appearance of truth , the glory of england ; and concerning the house of god , the house of god ( said he ) is a house of holiness , a house of purity , a house built without hands , of living stones , precious and chosen , that need no hammer , nor fitting with tool . and further he declared concerning the word of god , and the power of god , and that his word and power is one ; and that his power is an unlimited power , and his mercies unspeakable towards man , and that man's destruction is of himself , and not of god ; not of god ( said he ) and said , that the world 's breaden christ , and water will stand them in no stead . christopher cheesman . something is in my heart to signifie to concerning the innocent , lamb-like life of our dear friend , and patient sufferer for the truth of our god , francis patchet . the lord our god hath pronounced wo against all that are covered , and not with the spirit of the lord ; but i am satisfied and well assured , that that dove-like spirit descended upon him , and was his covering , which made him to abide in the doctrine , and follow the example of his captain christ jesus , whom he followed , whose faithful souldier he was , against sin , the flesh and the devil , triumphing in the lord over them all , i am a living witness for him , being constantly with him in the time of his sickness ; i asked him if he had a wife ? he answered , yes , a very honest loving woman ; saying at another time , he came as freely from her as he was to go to her : he being so freely given up to suffer for truths sake , that he had nothing laid to his charge . after he had lain still some hours , he said , my strength faileth me ; and i said , i hope the lord doth not fail thee , to which he answered , through mercy he never did fail me : he continuing weak , and lay speechless for some time ; the spirit of the lord wherewith he was coverd , revived him ; whereby he had a new strength given to him , to magnifie the pure , powerful name of god in prayer and praises saying , the lord hath laid the foundation in zion ; the lord is building up zion with chosen stones , with precious stones that need no hammer nor tool to come upon them ; the lord is building a glorious house ; and the works of the lord are glorious ; oh praises to the powerful pure name of god! which is above every name ; his name hath done valantly ; he hath stretcht forth his shepherds crook , he hath drawna little remnant to himself , and hath led them through the red sea , he hath put a new song in their mouths , he hath caused them to sing praises upon the banks of salvation ; pure praises unto his pure , holy , powerful name . and in exhortation said , oh love the truth , buy the truth and sell it not ? oh the truth , truth , truth its more then all , truth is stronger then all ; the truth shall prosper notwithstanding all opposition that shall rise up against it ; the truth ( said he ) will make you free . and further he said , resist the devil that subtil serpent , and he willl flee from you . my soul rejoyceth ( said he ) to see this glorious day of the lord. here followeth something of the expressions of dear francis patchet given forth upon his death-bed , in testimony for god , his truth and people ; who departed this life the d day of the tenth moneth , . about the nineth hour of the day . after he had lain sometime in great weakness ; insomuch that his speech was sometime taken from him , and sometimes he could speak a few broken words , by which we could understand that he told us , that his strength failed him , and that he was almost spent ; and after this he lay about an hour silent , in great weakness , insomuch that we looked every moment when he should depart this life ; but it pleased the lord ( whose servant he was and is ) inwardly to renew his strength , and raised him up in his power , insomuch that a little after the twelfth hour of the night , he began to break forth into praying and praising the lord in a most sweet and precious manner , and declared much of the goodness of the lord ; and how bountiful he had been unto his soul ; and so he lay a pretty while admiring the precious love of god , which he said , did plentifully flow unto his soul through jesus christ : and he often said unto the lord , praised ; praised be thy pure holy name : and then he earnestly exhorted friends to be faithful in their places unto the truth , saying in an overcoming sense thereof , oh! precious , precious truth which first brake forth in this nation : it s the glory of england . and this expression he servently and frequently used , that the despised truth of god was englands glory : and he spake much of god's israel , saying , the lord who divided the red sea of old , to make way for his redeemed , would surely once more appear for zion sake . then he spake unto the lord saying , oh thy precious light ! in which i see thy glory ; lord , what will become of them that despise thy light ? and though these are but some of the many sweet and heavenly expressions , yet they are what the lord brought fresh into my remembrance , of which , i am a living witness , moses west . here are some of the words spoken by our dear feiend francis patchet a little before his death , oh the love of the lord ! how good hath the lord been unto my soul this day and this evening ? oh the unexpressible love of god! how hath it flowed forth unto my soul this day ? praises , pure holy praises , my heart and soul and all that is within me praises the lord : oh the wonderful love of the lord ! and then in exhortation he said , friends , be faithful to the lord , press forward , be faithful to the lord to the end of your dayes ; never look back , but press forward ; it matters not what trials or reproaches you meet withal here , it is nothing , be you faithful to the lord ; he will carry you through all ; he hath a little remnant which he hath regard unto . press forward friends , in the truth ; for it is the truth , the blessed truth which is declared of . the lord hath raised up many able ministers of the gospel , of the gospel here in england , the lord is come to teach his people himself in spirit and in truth ; the false prophet and the hireling priest the lord will cut down , and all that resist his blessed , powerful work , which he hath begun in this nation of england : for he hath begun a good work , and he will carry it on against all opposition of evil spirits that resist it . oh how is the spirit of the lord upon me at this time ! pure , holy praises be given unto his pure holy powerful name , which hath opened my mouth at this time to speak of his wonderful works , how the lord appeared for israel of old , by a mighty and out stretched arm of power , when their enemies were behind them , ready to overtake them , and the red sea before them ; that in appearance there was no way to escape , yet how did the lord appear wonderfully for their deliverance , and brought them through . speaking much more of what the lord would do for his faithful israel in this day , blessing and praising the lord for all his mercies and loving-kindnesses , which he was made largely a partaker of , to the praise of the great name of the lord. ann edmundson . postscript . reader , having come much short of what was spoken and declared at large by this faithful man , concerning the things of god , & his kingdom , as they were plentifully opened unto him , upon his dying bed ; and because we could not omit to mention what we certainly retained in memory , we have here collected a short account of the the heads of those things he declared of , with some words expresly , as he spoke them . as first , he spake much concerning the living bread that came down from heaven , the heavenly manna , the souls food , saying , buy it without money , and without price , eat and live for ever , drink and live for ever , exhorting to know this bread in our own houses , &c. if you know the truth ( said he ) the truth shall set you free ; truth , truth , truth , oh the precious truth , it is all , and more then all . and at another time said , oh! thy pure everlasting light , which is so much despised amongst men ; thy precious light by which i see thy glory . and at another time , two friends standing by his bed side , he turned his face to them and said , i know you both , pray for me . and some time after another friend r. t. came in , and asking him how he did ? his answer was , i have had a great skirmish , but through mercy i have overcome ; and said also , avoid satan ; i defie thee , get thee behind me satan . i have got the victory : and then in exhortation said , resist the devil and he will flee from you , that subtil serpent , that goes about like a roaring lion , seeking whom he may devour . and spake much that the devil would have christ to fall down and worship him , and how the devil carried christ up to shew him the glory of the world , saying , all this will i give thee , if thou wilt fall down and worship me . and again exhorted friends saying , press forward to the end of your dayes , my dear brethren and sisters that are here present with me , i know ye not ( that is , after the outward man ) but be ye all faithful . he also spake very much concerning david ( as well he might ) being made a large partaker of david's experiences of the goodness and mercies of the lord unto his soul , as david did . oh david , said he , a man after god's own heart ; and how david praised the lord , and to shew the goodness of god to david , he spake very much . and often times in great admiration of the truth , and its glorious appearance , he uttered these and the like words , oh the glory of england , the appearance of truth england 's glory . and that the lord hath begun a good work in england , and he will carry it on notwithstanding all opposition . he exhorted much to faithfulness , and to obey the truth , and walk in the truth , the truth of god , said he , is precious . he did often express an indignation against idolatry , false prophets , and hirelings , and said , the false prophet , and hireling priest the lord will cut down , and he will teach his people himself . and he declàred much concerning israel of old , and of their being brought into the good land ; the promised land ; and after god had delivered israel , said he , then israel sang praises unto the lord ; out of egypts bondage they were delivered , and brought into the good land , the same it is this day , where none can make afraid , which he often said ; and spake how the lord brought all his through trials , reproaches , and troubles , saying , it is no matter what trials , reproaches , troubles and afflictions we meet withal here ; the lord will bring and carry us through them all . and likewise about the new-man , not the old-man , said he , but the new-man christ jesus that is revealed , doth bring back again out of the fall. thomas farnbury ( the man of the house where he died ) who not counted one of the people called quakers , yet a friendly and honest man , gave this testimony concerning him , that it was the divine nature and power of god that spake in him , more then at other times . this is the substance of what we kept in memory , being but a small part of those sweet and living expressions given forth by this patient sufferer , and servant of the lord , who by the power of the lord ( after looked upon as a dead , or dying man ) was raised up to declare of the wonderous works of god in a most sweet and heavenly manner , who began to speak , a little after the twelfth hour of the night , & spake till about the the third hour , and afterwards continued ( making sweet melody in his heart to god ) till between the ninth and tenth hour in the morning , and then departed out of this earthly house , like a patient lamb : cor. . . for we know , that if our earthly house of this tabernacle were disolved , we have a building of god , an house not made with hands , eternal in the heavens . henry toul●son and andrew lund 〈◊〉 country-men and fellow prisoners fo● the same testimony ) thomas and marabella farnbury , christopher cheesman and elizabeth his wife , moses west , ann edmundson , rebecca veal , and marabella farnbury the younger , who were eye and ear-witnesses . the end . a gospel plea (interwoven with a rational and legal) for the lawfulness and continuance fo the antient setled maintenance and tenths of the ministers of the gospel in two parts, proving that there is a just, competent, comfortable maintenance ... that the present opposition against tithes ... / by william prynne ... prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a gospel plea (interwoven with a rational and legal) for the lawfulness and continuance fo the antient setled maintenance and tenths of the ministers of the gospel in two parts, proving that there is a just, competent, comfortable maintenance ... that the present opposition against tithes ... / by william prynne ... prynne, william, - . v. (various pagings) printed by t. child and l. parry for edward thomas, london : . parts & have special t.p.'s and separate pagings. bound with "the remainder, or second part of a gospel plea." imperfect: pages stained with loss of print. errata: p. , . reproduction of original in the union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tithes. law and gospel. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a gospel plea ( interwoven with a rational and legal ) for the lawfulness & continuance of the antient setled maintenance and tenths of the ministers of the gospel : in two parts . proving that there is a just , competent , comfortable maintenance due to all lawfull painfull preachers & ministers of the gospel , by divine right , institution , & express texts , precepts of the gospel : that glebes & tithes are such a maintenance , & due to ministers by divine right , law , gospel : that if substracted or detained , they may lawfully be inforced by coercive laws and penalties : that tithes are no real burden nor grievance to the people ; the abolishing them , no ease or benefit to farmers , husbandmen , or poor people , but a prejudice and loss . that the present opposition against tithes , proceeds not from any real grounds of conscience , but base covetousnesse , carnal policy , hatred to , and a jesuitical , anabaptistical design , to subvert , ruine our ministers , church , religion . with a satisfactory answer to all cavils and material objections to the contrary . by william prynne of swainswick , esquire , a bencher of lincolns inne . mal. . , . will a man rob god ? yet ye have robbed me : but ye say , wherein have we robbed thee ? in tithes and offerings . ye are cursed with a curse , for ye have robbed me , even this whole nation . mat. . . render therefore to caesar the things that are caesars , and unto god the things that are his . aug . serm . . si tu illam decimam non dederis , dabis impio militi , quod non vis dare deo & sacerdoti : hoc tollit fiscus , quod non accepit christus . london , printed by t. childe , and l. parry , for edward thomas , and are to be sold at the adam and eve in little britain , . to my most high , mighty , great , dreadfull , omnipotent , omnipresent , omniscient , righteous , true , faithfull , all-gracious , all-sufficient , everliving , everlasting , immutable , covenant-keeping lord god ; the god of my life , health , strength , mercy , preservation , consolation , supportation , salvation , deliverance , praise . o god the saviour of israel , ( of england too , antiently stiled regnum dei , gods kingdom ) thou art god alone , and there is none else . whom have i in heaven but thee ? and there is none upon earth , that i desire besides thee . in thee alone i live , move , and have my being . thou art the strength of my heart , and my portion for ever . my whole spirit , soul , body , parts , endowments natural , spiritual , are only of thee , through thee : o sanctifie them wholly for , and only to thee ; to whom alone i desire intirely and eternally to devote them ; as due to none but thee , and that by right of creation , redemption , resignation , preservation , and that extraordinary tribute of gratitude i stand most deeply engaged to render to thy most gracious majesty , for those many and manifold wonders of preservation , supportation , concomitation , protection , consolation , absolution , vindication and restauration , thou hast ( of thy free grace ) most miraculously extended to me , ( the m●anest and unworthyest of all thy servants ) in , under , from all my former and late injurious , illegal sufferings , oppressions , imprisonments , inhumane close restraints , exiles , in ten several prisons , castles ( some of them at remotest distance from all acquaintance , kindred , friends and thy publick ordinances , under some rude , barbarous armed gardians and men of blood , of purpose to destroy me , where thou wast present with me , as with daniel in the lyons den , paul in the lyons mouth , the three children in the midst of the fiery furnace , jonah in the whales belly , to secure , comfort and supply me ) for about eleven years space ; through the malice and cruelty of mercilesse men : yet ( blessed be thy holy name ) for no other cause or crime thy poor servants conscience is guilty of ( his last close imprisonments in three several castles being without the least examination , hearing , accusation , charge of any particular offence against him , or yet declared to him ) but only for his sincere cordial desire to discharge his bounden duty to glorifie thee in his generation , by apposing the dangerous wrath-provoking errors and corruptions of the age in which he liveth ; by contending earnestly for the faith which was once delivered unto the saints , according to thy commands , and for the setled fundamental laws , liberties , rights , government of his distracted native countrie , against all secret underminers , open oppugners or subverters of them , to the uttermost of his ability : by a consciencious inviolable observation of all those solemn sacred oaths , protestations , covenants and obligations , ( prescribed by those lawfull higher powers thou commandedst him to submit to under pain of damnation ) wherewith he hath frequently bound his soul , not so much to men as to thee , who art a most faithfull promise-oath-covenant-keeping god , especially of those oathes and covenants wherewith thou vouchsafest to oblige thy self even to meer dust and ashes , both immutable and inviolable , never violating , nor repenting of them in the least degree , and obliging men both by thine own example , and precepts to do the like , in all their publick or private oathes , vowes , covenants to thee or men , under pain of temporal wrath here , and eternal exclusion from thy holy hill : and for not daring to confederate or comply ( against his oathes , covenants , manifold publick engagements , conscience , judgement and thy sacred inhibitions ) with those who are given to change ; many of whose calamities and ruines are sodainly risen and fallen upon them , by thy divine justice ( even from those they least suspected , and most relyed on for protection ) for the manifold changes they presumed to make against their oaths , vows , trusts , protestations , covenants , and unrighteous oppressing of their dearest christian friends , brethren , and thy suffering servant among others . now all glory , honour , power , salvation and praise be for ever rendred by me and all thy glorious saints and angles in heaven and earth , because true and righteous are thy judgements : and because the deliverance of me thy oppressed servant ( without any wound to his conscience , dishonour to thy name , or scandal to thy people ) is exceeding gracious and glorious . now know i , ( again and again ) that the lord loveth his anointed ; that he hath heard him ( and others praying for him ) from his holy heaven ; with the saving strength of his right hand . some ( of his self-exalting oppressors ) trusted in chariots , and some in horses ; but he remembred the lord his god : they are brought down and fallen , but he is risen and stands upright : who therefore ever will rejoyce greatly in thy salvation , and in the name of his god will set up his banners . for thou hast broken the gates of brasse , and cut the bars of iron in sunder : thou hast sent thy holy angel and knocked off the chains from my long-fettered hands , and made the long-barred iron castle gates ( wherein i was close shut up ) to open of their own accord ( without any enforced long-expected petition from me . ) thou hast rescued me from more then . quaternions of souldiers , who most strictly garded me day and night , as they did thy imprisoned apostle peter , ( and more narrowly than any formerly under the prelates greatest tyranny ) and delivered him out of the hand of herod , and from all the expectation of the people of the jews ; the jesuits and popish priests , who marched freely abroad , not only preaching , but printing and dispersing no lesse then . grosse popish books in defence of their religion , and condemning ours for heresie , whiles i ( their chief oppugner ) was shut up so close in three remote castles , that i could neither write against , nor discover their plots to undermine our church , state , religion , nor yet send letters to my imprisoners to demand my liberty , unless i would first give copies of them to my gardians , and then trust them to send them when and by whom they pleased , nor have admission to thy publick ordinances for above two years space . in thankfull commemoration of which my late and great deliverance from this aegyptian bondage , i do here presume , in all humility to prostrate at thy feet , and ded●cate to thee , the great gaole-delivering , prisoner-loosing god , ( who saiest to the prisoners goe forth , and to them that are in darknesse shevv your selves ) this mean and unworthy gospel plea , for the lawfulnesse and continuance of the antient setled maintenance and tithes of thy ministers of the gospel , ( reserved to and by thy self as thy devoted portion , debt , due ) whereof many now by fraud and violence , endeavour sacrilegiously to rob both thee and them ; as the first fruits of my enlargement , a second ebenezer , hitherto hath the lord helped me , and a lasting monument to posterity of my gratitude and thankfulness to thee my god , for my late restitution to so much liberty and freedom , as to be able , thus once more publickly to plead thine own and thy ministers cause , against jesuits , anabaptists , quakers , and all other open oppugners , subverters of our church , state , and secret underminers of the true preachers and preaching of the gospel , who now like gebal , ammon , amalek , edom , ismael , moab , the hagarens , philistines , inhabitants of tyre , and armed assur of old , have consulted together with one consent , and are confederate against thee ; and have said , come and let us cut them off from being a nation , that the name of israel may be no more in remembrance . beseeching thy majesty most graciously to accept it , most powerfully to protect and so effectually to blesse , prosper it , and thy servant , against all these combined confederates , that they may be no way able to resist thy truth , wisdom , spirit , appearing , pleading in it , by it ; but either like convicted seducers or seduced persons , fall down flat on their faces before it , worship thee and report , that god is in it ( and in thy servant ) of a truth . or , in case of wilfull malicious obstinacy , against thee and thy faithfull ministers , houses of publick worship , truth and gospel , do unto them as unto the midianites , as to sisera , and to jabin at the brook of kison , which perished at endor and became as dung for the earth : make their nobles like oreb and zeeb , yea make all their princes as zebah , and as salmunna ; who said ( as these do now ) let us take to our selves the houses of god in possession . o my god make them as a wheel , as the stubble before the wind : as the fire burneth the wood , and as the flame setteth the mountains on fire ; so persecute them with thy tempest , and make them afraid of thy storm ; fill their faces with shame , that they may seek thy name o lord ; let them be confounded and troubled for ever , yea let them be put to shame and perish : that men ( these men ) may know , that thou whose name alone is jehovah , art the most high over all the earth . so we thy people and sheep of thy pasture will give thee thanks for ever ; we will shew forth thy praise to all generations . and thy servant davids resolution , whiles i live will i praise the lord , i will sing praises unto my god , while i have any being , shall through thy grace be both the resolution and practice of swainswick sep. . thy unworthy , unprofitable , redeemed , preserved and frequently enlarged servant and vassal william prynne . to the unprejudiced christian reader . kind reader , the . psal . in my weak judgement , is both a lively character of the deplorable condition of gods church of late years , and likewise a most excellent morning and evening prayer for it , in publick or private . the psalmist thus complains , that god ( by the oppressing sword of combined enemies , as psa . . imports ) had broken down his churches hedges , so that all they that passed by the way did pluck her , the boar out of the forrest did waste it , and the wild beasts of the field devour it . the antient hedges of the church here planted and spread in our nation , to wit , gods divine protection and law ; the patronage , rights , franchises , privileges , immunities , granted , confirmed to our churches , by the manifold great charters , lawes , statutes , of such bountifull devout kings and queens as god himself predicted , should be nursing fathers and nursing mothers unto his church under the gospel , and bring their glory and honour to it ; and kings of iles , amongst others ; having been of late years very much broken down and almost levelled to the dust , by arbitrarie committees , sequestrations , and the oppressing all-devouring sword of war , ( which god hath kept so long unsheathed , without returning into the scabberd these many years , for the just punishment of our manifold sins and enormities ) all they that go by the way ( or in by-wayes ) taking advantage thereof , have so plucked , and the wilde-boares out of the wood , and wilde-men , and wilde-beasts of the field , have so wasted , devoured the best and richest part of our churches patrimony , originally designed by the parliament , by a special bill tendered to the late king at oxford , april . ( when arch-bishops , bishops , deans and chapters were first voted down , and extirpated as none of our heavenly fathers plants or planting ) for the encrease of the crown-revenues , to ease the people in their future taxes ; and the augmentation of our ministers maintenance and incompetent livings : that there is little or none of it now remaining undevoured by them , for either of these two publick ends : and many new highway men , wilde-boares and beasts , as well as old , encouraged by former rich church-plunders , in stead of imitating faithfull abraham , ( whose heirs and children they professe themselves ) who gave the tenth of all his spoyls of warre to melchisedec priest of the most high god , ( a type of our saviour christ , if not christ himself , as some probably assert ) they most eagerly and violently attempt to spoyl , plunder all the evangelical priests and ministers of god throughout the nation at one blow ( without any lawfull tryal by their peers , due processe of law , or legal conviction of any capital crimes , which cannot forfeit their churches inheritance , which is not so vested in them as either to forfeit or alien , by the law of god or the realm ) of all their inconsiderable remaining tithes , glebes , and setled antient maintenance , and of their very ministry too , as jewish and antichristian , as john canne the old anabaptist , in his new voice from the alehouse rather , than the temple ( which certainly is as jewish and antichristian as he would have tithes to be ) with sundry late petitions , proceedings , proclaim to all the world , and strip them naked of all other coercive maintenance for the future , to starve them and their families bodies , and the peoples souls : that so a new generation of ambulatory fryers mendicants and itinerary predicants , fixed to no certain parish or parishes , selected out of those swarms of jesuits , seminary priests and popish fryers , now in england under the disguises of anabaptists , gifted brethren , dippers , seekers , quakers , new-lights , mechanicks of all trades , gentlemen , troopers and souldiers too , ( ignatius loyola their father and founder of their order , being a souldier by his profession , as diverse of his disciples are now amongst us , as many wise men believe , and some on their own knowledge averre ) may succeed them in their ministry , to subvert our church , religion , and reduce us back to rome ; the pope now living , within these few years , affirmed to some english gentlemen of quality in rome ( who out of curiosity only went to see him , being protestants ) that he hoped before he died ( though he were aged ) to see england perfectly reduced to her former obedience to the see of rome , having sent many jesuits , priests , fryers from all parts into england , and particularly into the army ( as ramsy the late detected jesuit at new-castle , under the vizor of a converted anabaptized jew , confessed in his printed examination there lately taken , and sent up with him to whitehall . ) against whom john canne might have done well to have pressed those , to whom he dedicated his voice from the temple , to execute the statute of eliz. c. . particularly made against them , as most dangerous insufferable traytors , purposely sent over , to worke the ruine , desolation , and destruction of the whole realm , as well as of our church and religion , as that statute resolves ; and not to have most ignorantly and maliciously wrested it , ( contrary both to the very letter and intention ) against our godly protestant ministers only ( their greatest opposites , eye-sores ) to strip them of their benefices , livelihood and lives together ( the whole scope of his lamentable voice ) without so much as uttering one word against these wilde boars and beasts of rome , with whom he and his companions the anabaptists , are apparent confederates , both in their principles and practices against our ministers maintenance , tithes , callings , laws , and setled government , to their eternal infamy . the sad consideration whereof hath engaged me , though no impropriator ( whose cause i plead not ) nor other tithe-receiver , but a consciencious tithe-payer ( as my ancestors were before me ) without any retaining fee , or other solicitation , to appear publickly in the defence of this common cause of god and all his faithfull ministers tithes and antient setled maintenance , being through his mercy and their prayers enlarged from my long close remote imprisonments , as i did occasionally in private , whiles a close prisoner in pendennis castle in cornwall ( in december and january last ) against some officers and souldiers there , who publickly subscribed in the castle by sound of drum three several mornings , and promoted in the country a petition for abolishing all tithes ( though our ministers own by all divine and humane lawes , rights ; which neither our souldiers nor any mortals now living gave to them , nor have any pretence of law , power or authority from god or our nation to take from them ) and all other compulsory maintenance in lieu of them for ministers ; sent to them ( and to other garisons , as they then informed me ) by the general councell of officers of the army from st. james , both for their own subscriptions ( though few or none of them or other subscribers of such petitions , tithe-payers ) and such hands of countrymen , as they could procure . upon which occasion , i had some brief discourses with some of them concerning the lawfulness and antiquity of tithes , first paid by souldiers out of the very spoyls of battel , taken in the very first war we read of , to the very first priest of god we find recorded in the scripture , and therefore admired that our army-officers , souldiers in this age should so far degenerate , as to be the very ring-leaders and chief oppugners of them : drawing up some brief notes of this subject out of scripture ( to help passe the time ) in defence of tithes , relating more particularly to souldiers , to silence , satisfie , reclaim them from this sacrilegious design : which having since enlarged with arguments and answers to their chief objections drawn from their own military professions , for the better satisfaction , conviction of all sword men and others , i hope , neither officers nor souldiers , nor any others truly fearing god ( if they consider levit. . . mat. . , , . prov. . . & . . & . . & . . & . , , . & . . & . . psal . . . sam. . , . tim. . . luke . . ) will or can be justly offended with me , no more for writing truth , than speaking it to their faces , as i did upon all occasions whiles among them ; not to defame , but to inform and reform them , for their own and the publick good , in what i conceive not warrantable by , but repugnant to gods word and their duties as souldiers , as christians , and to those known fundamental laws , liberties of the nation they were purposely raised , commissioned , waged , engaged by protestations , covenants , and their own voluntary printed declarations , inviolably to protect , but not subvert ; and that they will not repute it a capital crime in me , not to prove a flatterer , dissembler , or not to act , or write wittingly against my science and conscience , when our ministers maintenance , calling , religion , gods glory , laws , liberties , all we have , or hope for , are in danger of such a sad , sodain , destructive convulsion , concussion ( if not subversion ) as i long since by authority of parliament discovered in romes master-piece , ( and since that in my speech in parliament and memento , well worth perusal now ) when so many known jesuits under a new provincial ( which hugh peters himself reported , as i have been credibly informed ) are now even in london it self , acting as busily , and sitting there in council as duely , as when the reclaimed author of that discovery ( purposely sent from rome for the purposes therein discovered ) was resident amongst them . o that these professed enemies of our church , religion , nation , and those janizaries of rome , may not sow their tares of error , and seeds of ruine and desolation amongst us , whiles almost our whole nation ( for ought i can discern ) if not those who call themselves watch-men , are in a dead sleep or lethargy , and heaving at our most faithfull ministers maintenance and callings too , in stead of enquiring after , discovering these arch-traytots , and executing the good laws against , and administring those necessary oaths of supremacy , allegiance and abjuration unto them , to prevent those treasonable practices , destructive designes , miseries , and that ruine to our protestant religion , kings , government , governors , laws , parliaments , church and common-wealth , which the wise vigilant protestant parliaments of eliz. c. . eliz. c. . eliz. c. . eliz. c. . jac. c. . jac. , , , . jac. c. . with some hundreds of printed declarations , ordinances , remonstrances of the lords and commons the last parliament ( and the good new laws , oaths they provided against those romish vipers quite buried in oblivion ) have published , to allarm all drowsie , stupid , careless people ; all lovers of god , their religion , or country against them , even at this very season , when they and their confederates are ( wittingly or ignorantly ) over-turning , over-turning , over-turning , whatever is not yet totally subverted among us , and carrying on these their designs , to their full accomplishment . if these my impotent undertakings , with a sincere affection only to gods glory , the real weal , safety , preservation of our religion , ministry , laws , native country , and all protestant churches ( now indangered by their mutual discords , wars and jesuitical emissaries to soment their intestine differences ) may so far open the eyes of all degrees in our nation really fearing god , as to know in this their day the things which belong unto their peace and settlement , and move them efectually to pursue them , before they be hid from their eyes ; i have all the reward i do expect , and shall blesse god for the good successe . if any shall be offended with me , or it , and requite me only with envy , hatred , persecution , new oppressions , bonds , close imprisonments , for well-doing and endeavouring any more publick good , for our tottering church , religion , country ; i shall commit my cause to god , which judgeth righteously , who hath so often brought forth my righteousness as the light , and my judgement as the noon day , to the shame and confusion of my causelesse enemies : and shall carry this comfortable cordial within my brest , to any prison , pillory , gibbet , grave , that the malice or power of poor vapouring mortals ( who know not how soon their violent dealing may come down upon their own pates , as well as on my other potent adversaries ) shall be able to hurry me to , and ascend triumphantly with it even to heaven it self ; that i have discharged that duty which god , conscience , providence , the publick danger of our ministry , religion , nation , and my sacred oaths , protestation , covenant , have engaged me unto . and if i perish for it , i perish ; and in perishing shall ( by gods assistance ) depart with this swan like , saint-like song of that eminent prisoner of jesus christ ( who was in prisons more frequent , in perils , afflictions , persecutions often , as i have been for the faithfull discharging of my duty ) i have fought a good fight , i have finished my course , i have kept the faith : henceforth is laid up for me a crown of righteousnesse , which god the righteous judge shall give me at that day ; and not to me only , but to all them also which suffer for his truth , and love his appearing : which is the unshaken constant faith , hope , expectation of thine , our churches , religions , ministers , countries unmercenary faithfull friend and servant , swainswick sep. . william prynne . a gospel plea , for the lawfullness and continuance of the antient setled maintenance and tithes of the ministers of the gospel , the antient , necessary , competent maintenance of our ministers of the gospel setled on them by the pietie , bountie of our religious christian kings and ancestors , (a) almost from the very first preaching and embracing of the gospel in this iland , constantly enjoyed ever since , without any publick opposition , being in these times of a long-expected glorious reformation , and real propagation of the gospel , more audaciously oppugned , more impiously decried , declaimed , petitioned publickly against , and more sacrilegiously invaded , detained , substracted , than in the very worst , profanest of former ages ; and that , not only by professed enemies of the ministers and ministery of the gospel , but by such who pretend themselves their friends , and the most precious saints ; who not yet satisfied with the late spoils , sales of all our archbishops , bishops , cathedrals , deanes , chapters lands and revenues , ( the fattest morsels of the english clergie , tending rather to support their lordly power , pride , pomp , luxurie , than their true gospel ministry ) ingrossed into sword-mens and lay-mens hands ; doe now industriously , yea violently endeavour speedily to deprive all our painfull , godly preaching ministers , of all their remaining , inconsiderable , scarce competent maintenance by tithes , glebes , oblations and other duties , ( formerly setled on them , by long prescription , by sundry successive laws , canons , and acts of parliaments , as well as late ordinances , with sufficient warrant even from gods word , gospel ) and to leave them no other subsistence , encouragement , reward for all their labours in gods harvest , but the meer arbitrarie uncoercive benevolence of the people , ( who being generally profane , covetous , vicious , sectarian , if not open enemies to all godly ministers , will not voluntarily contribute one farthing towards them , desiring rather their room , ruine , than their companie or subsistence ) and what they shall otherwise earn by their own labour , industrie in some other callings : it is high time for all sincere patrons , friends of the ministers and ministry of the gospel ( now dangerously assaulted ) publickly to appear in their behalf , and openly to vindicate , secure as well the divine as civil right of their yet remaining ancient , necessarie , established maintenance , against the clamorous cavils , petitions , and false absurd allegations of sacrilegious , covetous , impious , violent , (b) vnreasonable , (c) brutish men ; to convince them of their errour and impietie herein ; or else to shame , silence them for the future , and preserve our present ministers , ministry ( and by consequence our very religion it self , now more endangered than in any age since its first establishment . ) from impendent ruine . for which end , having not long since had some private discourses with souldiers concerning the lawfullness of our ministers tithes and setled maintenance , during my late strict causeless restraints under their armed guards , and perusing some short prison notes , notions , upon that occasion , of that subject lying by me , i thought fit to enlarge and reduce them to these ensuing propositions , ( wherein the whole controversie , now publickly agitated touching our ministers tithes and livelihood , is comprised ) to make them publick , for the common good and satisfaction of those who shall peruse them , especially sword-men , whom i finde most violent against tithes and ministers forced maintenance , trusting more ( as i apprehend ) to the length of their swords , than strength of their arguments against them ; which how weak they are , let all rational perusers hereof resolve . the propositions i shall here ( through gods assistance ) make good , from the very law , word , and gospel of god , with all possible brevitie , ( i trust beyond all contradiction ) are these , . that there is a just , competent , and comfortable maintenance , due to all lawfull , painfull preachers and ministers of the gospell from the people , even by divine right , institution , and express texts , precepts of the gospel . . that the maintenance of the ministers of the gospell ( and of places , houses for gods publick worship ) by tithes , glebes , oblations ( yea by spoils won in battel by generals , collonels , captains , souldiers ) is not only lawfull , expedient , but the most fiting , rational , convenient maintenance of all others , warranted by direct presidents , precepts , both before , under the law , and likewise by the gospel , which doth no wayes abolish , condemn , but approve , confirm this way of maintenance . . that if tithes and other maintenance , formerly setled on our ministers , be either wilfully with-held , or substracted from them by the people , in part or in whole ; the civil magistrates may , yea ought by coercive laws and penalties to enforce the payment of them in due form and time , both by the law of god , and rules of justice , without any injurie or oppression to the detainers . . that our ministers tithes are really no burthen , grievance , oppression to the people ; but a charge , debt , dutie , as well as their landlords rents , or merchants poundage . that the abolishing of them will be no real ease , gain , advantage to farmers , l●ssees , and the poorer sort of people , as is falsely pretended , but only to rich land-lords , and landed men ; and a loss , detriment to all others . . that the present opposition and endevoured abolition of tithes and all other coercive maintenance for ministers , proceeds not from any real grounds of pietie , conscience , or any consideble , real inconveniences , mischiefs arising from them , but meerly from base , covetous , carnal hearts , want of christian love , charitie to , and professed enmitie , hatred against the ministers of the gospel ; yea from a jesuitical , papistical , anabaptistical design to subvert , ruine our ministers , church , religion ; the probable , if not necessary consequence of this infernal project , if it should take effect ; which would prove the eternal shame , infamie , ruine of our nation , not its glory and benefit . chap. i. the first of these propositions being the foundation and corner-stone whereon all the rest depend , and into which it hath a prevailing influence ; i shall be more copious in its probation , and in the refutation of the objections which are , or may be raised against it . that there is * a just , competent and comfortable maintenance due to all lawfull , painfull preachers and ministers of the gospel , from the people , even by divine right , institution , and express texts , precepts of the gospel ; is as clear as the noonday sun , by these irrefragable gospel testimonies . i. by matth. . , , , , . where when our lord and saviour christ himself first sent forth , authorized , commanded his . apostles to preach the gospel , he gave them these instructions among other : provide neither gold , nor silver , nor brass in your purses , nor scrip , ( nor bread adds mark . . ) for your journey , neither two coats , nor shooes , nor yet staves : ( adding this as the reason thereof ) for the labourer is worthy of his meat ; or , his reward , hire , wages , maintenance , as the greek word will bear , and other following scriptures render it . ii. by luke . , , . recording , that when our saviour christ ( not long after his former commission to the . apostles ) sent forth the . disciples by two and two , to preach in every city and place , whither himself would come ; he gave them almost the self-same instructions : carry neither purse , nor scrip , nor shoes ; and into whatsoever house ye enter , first say , peace be to this house , &c. and in the same house remain eating and drinking such things as they give : ( subjoyning this reason for it . ) for the labourer is worthy of his hire : go not from house to house ( as beggars use to doe for alms ) and into what city you enter , and hey receive you , eat such things as are set before you , &c. iii. by john . , , , . where our lord jesus christ , ( soon after the former commissions ) used these words to his disciples ; behold , i say unto you , lift up your eyes , and look on the fields , for they are white already to harvest , and he that reapeth receiveth wages , and gathereth fruit unto eternal life , &c. i sent you to reap that whereon ye bestowed no labour , &c. which may be aptly paralleld with , and interpreted by matth. . , . then said he ( our saviour ) unto his disciples , the harvest truly is plenteous , but the laborers are few ; pray ye therefore the lord of the harvest , that he would send forth laborers into his harvest : which when he did , he agreed with them all for a certain stipend by the day , and when the evening was come , he said unto his steward , call the laborers , and give them their hire , beginning from the last unto the first , mat. . , to . as is there parabolically expressed . from which texts , words of our lord and saviour christ himself , it is most apparent , . that the apostles , preachers , ministers of the gospel are and ought to be diligent , painfull labourers in christs spiritual harvest , not idle loiterers . . that they were not obliged , but expresly prohibited to provide gold , silver , brass , scrips , shoes , clothes , bread , meat ; drink , lodging , and other necessaries at their own free cost , when they were commissioned and sent forth to preach the gospel , ( as some now would enforce them to ) for this very reason , that being labourers in the lords own harvest , for the eternall salvation of mens soules , they were worthy to receive them , as hire , or wages , from those to whom they preached . . that our saviour christ himself at the very original institution and first mission of his . apostles , and after of his disciples to preach the gospel ; thrice one after another , expresl ; y resolves in positive terms ; that they are worthy of their meat , hire , wages , for their labour in the gospel ; and so by consequence , all other lawfull labouring ministers , who diligently preach the gospel , are worthie of the like at this day ; and neither of them obliged to preach the gospell freely without any recompence , wages , reward , as some seducers now pretend . . that meat , drink , clothes , lodging , and a competent maintenance , are as truely , justly due to the true labouring ministers of the gospell from the people , and that of pure common , natural , yea gospell right , justice , not as meer arbitrary charity or benevolence , but as merited hire , wages ; as much , as well as deserved hire , wages are due to any other hired servant or labourer whatsoever , by common justice , and the law of god , gen. . . exod. . . levit. . . deut. . , . mat. . , to . joh. . . or as well as pay , wages are justly due to the best deserving officers , soldiers , luke . . ezek. . , . and that by christs own trebled resolution , recorded by the evangelists for their greater evidence and conviction ; who emphatically by way of reason applies these words only to his apostles and ministers , for the labourer is worthy of his meat , hire , wages ; they being the most divine , excellent , usefull , necessary labourers of all others , and that in matters of highest concernment in relation both to god and men : therefore of all other labourers they are most worthy of a honorable , comfortable , certain hire , salary , reward for their support and encouragement . . hence it follows by necessary consequence , ( and let those who are guilty consider it seriously in the fear of god with trembling and astonishment ) that the opposing , oppressing , defrauding the ministers of the gospel in their deserved settled hire , wages ; or the detaining all , or any part of their antient , just , established , dues , tithes , revenues from them ( especially out of covetousnesse , spite , obstinacy , or malice against their very callings ) is as great , as crying , as damnable a sin , oppression , unrighteousness ; and will bring down as grievous curses , plagues , judgements upon all those who are culpable thereof ; as the defrauding , oppressing of the hired servant or labourer , of or in his hire , or detaining their wages from them , when due ; as will undeniably appear by deut. . , . levit. , . gen. . . mal. . . jam. . , to . compared with mal. . , . , . nehem. . , . and is a sin against all these scriptures ; which all detainers of ministers dues , tithes , may do well to read and ponder . iv. the truth of this proposition is ratifyed by the apostle pauls resolution , who thus prosecutes our saviours forecited words , and seconds his argument in tim. . , . let the elders that rule well be counted worthy of double honour , especially those that labour in the word and doctrine : for the scripture saith ( deut. . ) thou shalt not muzzle the oxe that treadeth out the corn. and , the labourer is worthy of his hire : relating to mat. . . and luke . . forecited . in which words the holy ghost by the apostle positively asserts , . that the elders , ministers who rule well , especially such of them who labour in the word and gospell , are really worthy of double honour from the people , which double honour interpreters generally resolve to be , . due reverence , love , countenance ; . a competent liberal maintenance and reward : or ( as some conceive ) a double salary and allowance to what others receive , as a just honourable reward for their labour , which is here intended by the words double honour ; extending as well to an honourable salary , reward , as to due reverence and respect , as is clear by the two texts here cited to prove it , by the , and verses of this very chapter , and rom. . , , . pet. . . prov. . . compared together . . that the people ought to count them worthy of this double honour , and to render it unto them . . he proves and ratifies this , not only by his own apostolical authoritie , but likewise by two other texts of scripture , the one taken out of the old testament , deut. . . ( which proves , that the texts , precepts for the just dues , maintenance of the priests in the old testament are still in force , and not abrogated , so farr as they are moral or judicial ; and therefore may be still aptly urged for proof of our ministers due maintenance under the gospel ; ) the other out of the new , testament , mat. . . luke . . from both which the force of the apostles argument stands thus , the elders who labour in the word and gospel have as just , as natural , as moral , legal , equitable a right and meritorious due to a liberal maintenance , salarie , reward , or double honour ( as he stiles it ) as the oxe that treadeth out the corn hath , to eat of the corn , straw he treads out ; or , as any other hired labourer whatsoever hath to his hire ; they being the best , eminentest of all other labourers ; ( which the special application of deut : . . and of this very sentence here again to them , the labourer is worthy of his hire , imports : ) therefore for any people wittingly , wilfully to detain , or defraud them thereof , is as great an injustice , crueltie , sin , unrighteousness , as to muzzle the ox mouth that treadeth out the corn ; to detain the labourers wages , or defraud him thereof ; yea a sin against the express commandements of god , deut. . . ch . . , . levit. . . cor. . , , . and so much the rather , because their hire , wages , are their right , and their own ( not the meer alms , charitie of those who pay it ) as christ himself resolves , mat. . , , , , . v. by gal : . . where the apostle layes down this geral gospel percept for the maintenance of the ministers of the gospel , from which there can be no evasion : let him that is taught in the word communicate unto him that teacheth in all good things . the word communicate , signifieth a free , liberal , ( not base , niggardly ) allowance , as is evident by tim. . . heb. . . cor. . , , , . deut. . , . and that to be rendred to them , not as to meer strangers , but as to those who have a kinde of coparnership , and tenancie in common with them , not in one or two , but in all good things god hath blessed them with ; as the primitive christians had all things in common , and said not that any thing was their own , but the apostles and brethrens as much as theirs , acts . , , . whence the contents of our bibles and commentators on this text inferr and conclude ; that every christian ought chearfully to communicate a liberal share and portion of all the fruits of the earth , blessings and good things he enjoyes , to his spiritual pastor , teacher , ( and by consequence , tithes of all tithable things ) and that not as alms , charitie , or a free benevolence , but as a d just debt , dutie commanded by this sacred canon . vi. by rom. . , , . for , for this cause pay you tribute also , for they are gods ministers attending continually upon this very thing . render therefore to all their due , tribute to whom tribute is due , custom to whom custom , fear to whom fear , honour to whom honour . owe nothing to any man , but to love one another . which scripture though particularly intended of the higher civil powers , rulers and magistrates ordained by god ; yet it equally extends to all spiritual , ecclesiastical pastors and rulers over us , as well as to them . first , because they are gods ministers attending continually upon this very thing , ( to preach the gospel , and discharge their pastoral charge over their flocks ) as well as civil magistrates ; and therefore by way of excellencie are more frequently styled ministers , yea ministers of god and christ in the new testament , than magistrates , rom. . , . chr. . . cor. . . ch . . . ch . . . ephes . . . col. . , . ch . . . thess . . . tim. . . whence their very work and calling is styled , the ministry , rom : . . ephes . . . col. . . tim. . . tim. . . secondly , because the precept subjoyned is universal ; render therefore to all their due : in the affirmative : therefore to ministers as well as magistrates , with the like care and conscience . and then the inhibition in the close as universal , owe nothing to any man ; therefore not to ministers , no more than to magistrates or other men . thirdly , because it expresly enjoyns all christians to render honour to whom honour is due : now , not only honour , but double honour is due to ministers that rule well and preach the gospel diligently , tim. . , . to wit , reverence , obedience , love , * maintenance ; all here prescribed to be rendred in this text to whom they are due . therefore a liberal , honourable , comfortable maintenance and reward is both in justice and conscience due , as well to the ministers of the gospel , as to the magistrates and higher powers ; yea as duly , truly , justly to be rendred unto , ( not owed , denied , detained from ) the ministers , as to kings , parliaments , or any other civil rulers , even by this evangelical precept , ( from which there is no evasion ) and that for conscience sake ; as well as for fear of wrath and punishment : vers . . so as none can plead , pretend the least colour of conscience , for detaining , or not rendring their tithes and duties to our ministers of the gospell , without giving the holy ghost himself , and this gospel text the lie , and incurring ananias and saphiraes sin , act. . , , , , , . for which they may justly expect and receive their fatal exemplary punishment . vii . the apostle further clears this truth not only by way of precept , but reason and demonstration , rom. . , . it hath pleased them of macedonia and achaia to make a certain contribution for the poor saints which are at jerusalem ( ministers and apostles as well as other saints that were poor . ) it hath pleased them verily , and their debtors they are : for if the gentiles have been made partakers of their spiritual things , their duty is also to minister unto them in carnal things . i confesse , the text is not meant properly of apostles , and ministers of the gospell , but of poor believing saints that were jewes ; but the reason , argument here urged , extendeth much more to apostles and ministers of the gospell , than to poor believing saints : and thus i argue from it . if the christian believing gentiles in macedonia and achaia were strongly obliged , not only in charity , but of debt , duty ( as the apostle here argues , resolves ) to make a certain contribution , for the poor saints of god at jerusalem who were jews , and to minister to them in their carnal things when they were in want , upon this account , that god had made them partakers of their spiritual things ( by the apostles and other ministers sent or repairing to them from jerusalem ) then much more are they and all other converted gentiles then and now strongly obliged , not only in charity , but of just debt and duty to make a certain contribution , maintenance for , and liberally to minister in their carnal things , unto those faithfull ministers of the gospell , who actually preach the gospell , to them , and of whose spiritual things , paines they are made partakers . but the antecedent and supposition is an unquestionable gospell truth , by the apostles resolution in this alleged text , and is , may be further ratifyed by act. . , . act. . , , , , . act. . , , . cor. . , . cor. . , to . and ch . . , to . gal. . . ephes . . . joh. . . mat. . . deut. . , to . therefore the consequent must be granted , being the apostles expresse argument in the very case of ministers maintenance from the people , cor. . . if we have sown unto you spiritual things , is it a great thing if we shall reap your carnal things ? now in this reasoning of the apostle , and gods spirit in , by him , there is a double emphatical enforcement to prove ministers maintenance , both a just debt and duty , which the people are bound to render to them , not as free givers , but as debtors . . by the grounds of commutative justice , they are ( or at leastwise may be if they will themselves , the case only of obstinate separatists ) partakers of the ministers spiritual things and pains : therefore ought in justice , duty , to pay and render them some proportionable recompence for what they receive from them ; even as all other merchants , tradesmen who barter or sell one commodity for another , or for ready money , use to doe . . from the nature , value of the things they receive from ministers ; and of those things they render back to them by way of exchange , which will hold no ballance nor equal value with what they first receive : for the things the people enjoy by ministers , are spiritual , which concern their souls , spirits , everlasting salvation , eternal happiness , and are the most excellent , precious things of all other , farr excelling gold , silver , tithes , and all earthly treasures . ephes . . , , . pet. . . cor. . , , . ch . . . phil. . . rom. . . psal . . . & . , . prov. . , . but the things and recompence they return to ministers for them , are only their carnal things , for the necessary support of their bodies and families , which are no way comparable in value , worth , benefit , use to what they receive from them , as the last recited texts and others resolve . the people therefore receiving from their ministers quid pro quo , and things of infinite more value , benefit , than what they render to them ; the carnal things they receive for their spiritual , ( though in a liberal proportion ) must needs be a most just debt and duty ; not meer arbitrary almes or charity ; and can neither in justice nor conscience be detained from them , they being such infinite gainers by the bargain . viii . this proposition is yet further professedly argued , debated at full by the apostle and spirit of god against all sorts of callings and professions of men , that now oppose it , with the greatest evidence of reason , justice , equitie that may be , backed with divine authoritie ; as if he had purposely foreseen the violent , impious , headie opposition , now made against ministers tithes and maintenance in these daies by souldiers , rusticks , tradesmen ; and penned this scripture purposely to refute them . cor. . . to . have we not power to eat and to drink ? &c. who goeth a warfare any time at his own charges ? who planteth a vineyard , and eateth not of the fruit thereof ? or , who feedeth a flock , and eateth not of the milk of the flock ? say i these things as a man ? or saith not the law the same also ? for it is written in the law of moses , e thou shalt not muzzle the mouth of the oxe that treadeth out the corn . doth god take care for oxen ? or saith he it altogether for our sakes ? for our sakes , no doubt , this is written , that he that ploweth should plow in hope , and he that thresheth in hope , should be partaker of his hope . if we have sowen unto you spiritual things , is it a great thing , if we shall reap your carnal things ? if others be partakers of this power over you , are not we rather ? nevertheless , we have not used this power ; but suffer all things , l●st we should hinder the gospel of christ. doe ye not know , that they which minister about holy things , live ( or feed ) of the things of the temple ? and they which wait at the altar are partakers with the altar ? even so hath the lord ordained , that they which preach the gospel , should live of the gospel . but i have used none of these things ; neither have i written these things that it should be so done unto me , &c. in which scripture the apostle asserts the lawfulness and justness of ministers maintenance under the gospel by sundry instances , arguments , against all opponents . and because , perchance some soldiers then , as now , were the chief opposers of ministers maintenance , or rather , for that he foresaw ( by a f prophetical spirit ) that they should prove such in our daies , he first refutes , and stops theirs , others mouthes , with an argument drawn from the wars , and their own militarie practice : who goeth a warfare at any time at his own charge ? in which short interrogative argument , these particulars are both included and tacitly asserted . . that ministers of the gospel are true spiritual souldiers under christ their g captain ; and their ministrie , a true spiritual warfare , against the world , flesh , devil , sins and vices of men , exposing them to many hardships , dangers , and oft-times to losse of libertie , bloud , limbs , yea life it self , as he expresly resolves in other texts , cor. . . tim. . . tim. . , . & . . . that being souldiers , it must needs bee most unjust , unreasonable , unconscionable , yea against the common rules of war , and practice of all souldiers , that they should goe a warfare any time at their own charge ; since no other souldiers else will , or use to doe it , ( nor any officers , souldiers of the armie now ) who will follow the wars no longer , than they may do it at free cost , no not for a moment ; and will fight no longer than they receive or expect full pay . and therefore should not now , nor at any time else , press ministers to preach freely at their own cost , unless themselves first went a warfare on their own purses , to ease the impoverished oppressed country of their long continued heavie taxes . . that constant pay , wages are at all times as really and justly due to these spiritual souldiers for their spiritual warfare , as they are to any other souldiers , warriers or officers whatsoever imployed in actual service in other warres . luke . . therefore those military officers who oppugn our ministers pay and setled maintenance as unlawfull , antichristian , unevangelical , must first renounce their own pay , contributions as such , and warre without pay on their own charges for the future ; ( which many of them may well do , having gained so much by the wars already , being now most of them out of actual military service ) or else henceforth permit our ministers to enjoy their tithes and setled maintenance without opposition , or substraction , as they do their pay : it being as great a robbery , injustice , fraud to deprive them of all or any part thereof , as to defraud any souldiers , now in actual service by land or sea , of their lawfull pay , mal. . , , . . it hence necessarily follows , that as souldiers pay and other military expences , are not left to the arbitrary pleasures and free benevolence of the people , ( who would contribute little or nothing at all towards them at this or any other season , if left to their own free wills ) whence the present dissolution , destruction of the temporal army , and militia would ensue ; but are reduced to a certainty by a setled establishment , and imposed , levyed on the people by coercive laws , ordinances , forfeitures , distresses , imprisonments , strict penalties and illegal armed power , when willfully refused , detained or neglected to be paid in whole or part at the times appointed : so the wages , stipends of these spiritual souldiers the ministers , and of their necessary spiritual warfare are not to be wholly left in any setled christian state , to the arbitrary wills and voluntary benevolences of the people ( which would soon necessitate them to disband , and frustrate their soul-saving warfare ) but reduced to some certainty by positive laws , ( as they have been time out of mind with us , and elsewhere ) and in case of wilfull refusal , detention , substraction in whole or in part , when due , to be levyed by such coercive legal waies and means , as our monthly taxes , contributions , and other just debts , duties are , there being the self-same justice , reason , equity , necessity in both cases . those army-officers and souldiers then , who oppose , condemn our ministers setled maintenance , and the coercive laws , means to recover it when detained from them , as an intollerable oppressing yoke , grievance , must first renounce , suppresse all monthly taxes , contributions , excises , customes , impositions , and the many new severe coercive waies , means to levy them , as such ; being far more grievous , burthensome , illegal , oppressive to the people , both in their value , frequency , novelty , illegality , new way of imposing , levying , than ministers tithes , dues ; and the saddest , heaviest pressures they now languish under ; and live wholly upon the peoples free unconstrained benevolences , taking only what they will freely give them of their own accords , without coercive laws , ordinances , forfeitures , penalties , distresses ; or else recant their former erronious opinion , practice , & approve of our ministers setled coercive maintenance for the future , without opposition , being souldiers as well , and having as just a right to a setled enforced salary as they , as the apostle here argues and resolves . . the apostle having thus routed , silenced our captains and souldiers , the ring-leaders against ministers setled coercive maintenance , encounters in the next place , all husbandmen , sheep-masters , shepheards , ploughmen , reapers , threshers , and other rustical oppugners of their tithes and livelyhood , vers . , , . wherein he asserts , that ministers of the gospel have as just , as equitable a right to a competent maintenance from the people for preaching the gospel to them , and to partake of their temporal things ; as he that planteth a vineyard hath to eat of the fruit thereof ; as he that keepeth a flock hath to eat of the milk thereof ; as the husbandman and labourer who ploweth , reapeth or thresheth corn , hath to eat of the corn he soweth , reapeth , ploweth : and that it is as great injustice and unreasonable a wrong to deprive ministers who sow unto us spiritual things , of a competent share in our carnal things , as to debar one that plants a vienyard , of right , liberty to eat of the fruits thereon ; or one that feeds a flock , to eat of the milk thereof ; or those that sow , reap , and thresh corn , to enjoy any share or portion in it : which all husbandmen , farmers , sheepmasters , shepherds , plowmen , reapers , threshers , and other labourers , who deny or begrudge our ministers their setled long-enjoyed tithes , dues , may do well advisedly to consider , to convince them of their error , and reform their practice . . vers . , . to convict all brutish men in these daies , who are more uncharitable to their ministers , than men are or ought to be unto their very beasts , in denying them so much as to eat of their tithe corn or straw ; he argues the justice of their maintenance ( and that by the tithes of their corn , wine , &c. as the instances imply ) from the very law of god concerning beasts , deut. . . thou shalt not muzzle the mouth of the oxe that treadeth out the corn : which though literally meant of oxen , to whom all righteous men are and ought to be just and mercifull , prov. . . luke . . & . . mat. . . yet it is principally written and intended altogether in its genuine sense of the priests of god under the law , and ministers under the gospel , of whom god takes farr more care than he doth of oxen ( of whom yet he hath a general providential care , as well as of all other beasts and sparrowes : psal . . , . & . , , . & . . luke . , , . mat. . . & . , . ) and are of more value than many oxen , sparrowes , and yet not one of these sparrowes falleth to the ground without gods special providence , though two of them be sold for a farthing . the force of this argument stands thus ; if god by a special law takes so much care of the very oxe that treadeth out the corn , as to prohibit the muzzling of his mouth , that he may not eat thereof ; then questionlesse he takes much more care of the ministers of the gospel , and much more inhibits the muzzling their mouthes , that they shall not so much as eat , feed and live upon the tithes , milk , wine , fruits of your vineyards , straw , corn , and other carnal things ; they being farr better than oxen ; and this law purposely , yea altogether written for their sakes , not for oxen. therefore those who deny , deprive them of this their right , transgresse this very law of god , ( still in force under the gospel , as is here resolved , being founded upon natural justice and equity ) and are farr more unrighteous , cruel , unmercifull to their ministers , than they are , yea ought of right to be to their very beasts and oxen , to whom they allow both corn , straw , and sufficient * provender , for their very work . verily our ministers now were better to be many mens oxen , horses , asses , than their spiritual pastours , for then they would feed , keep them well , and allow them straw , hay , corn to live on , as they do to their beasts ; whereas now they will pay them neither tithe-corn , nor hay , nor straw . such men , i fear , are worse and more brutish than their (h) beasts that perish , regarding neither law nor gospel , here joyntly urged by the apostle against their tithe-detaining practice . . vers . . he encounters all artificers , merchants , tradesmen , and others who live by selling , buying , exchanging ; who deny or detain their ministers dues and maintenance , by an argument drawn from their own practice , the rules of commutative justice , the nature and value of what they receive from ministers , and what they render , or should return them for it . if we have sowen unto you spiritual things ( the most precious , excellent , usefull , necessary of all others ) is it a great matter if we shall reap your carnal things ? of far lesse value , worth , use , than what you receive from us for them . surely none of these traders , will give or sell away their wares without any money or recompence for them ; and if they sell or exchange them for lesse money , or things of lesser value , moment than what they sell or exchange them for , they may in all justice , equity expect and receive mony or wares exchanged for them from those who have so gainfull a bargain , without the least shadow of covetousnesse , injury , or oppression . let then such and all others consider their own daily practice , and the weight of this apostolical gospel argument for our ministers maintenance , tithes , dues , against which there can be no exception , nor reply ; and then it will convince , convert them , if they have not abjured all principles of common justice and commerce . . vers . . he argues from others precedents and examples . if others are partakers of this power over you ( to reap your carnal things for spiritual ) are not we rather ? which may receive these various constructions agreeable to the general scope of the place . . if others who are true apostles and ministers of the gospel , are partakers of this power , ( amongst you or those to whom they preach ) though they have not been such to you , and did not convert you , nor labour so much in sowing spiritual things to you ; much more then i ( and barnabas ) who have been the instruments of your conversion , and doubtless are apostles unto you , you being the seal of mine ( and his ) apostleship in the lord , vers . , . cor. . , . may likewise be partakers of this power . . if others , who are not true apostles of jesus christ , but meer false apostles , seducers , slanderers of me and the truth of the gospel , yea broachers of heresies and schisms , are partakers of such a power amongst you ; then much more i and barnabas , who are true apostles and ministers of the gospel , preaching nothing but soul-saving gospel truthes : which seems to be the genuine sense of the place , by comparing vers . , , . with cor. . , to . . if your (i) idolatrous pagan priests before or since your conversion , be partakers of such a power ( as to receive a competent salary , maintenance out of your carnal things ) even for their idolatrous superstitious rites and ministry ; or if your pagan civil magistrates receive a competent allowance from you for their care , pains in civil government , rom. . , ▪ then much rather we who are true ministers and apostles may doe the like for the true spiritual things we sow among you , and have the spiritual rule over your souls , hebr. . . the argument holds strongly in each of these constructions , but specially in the two first , which are most suitable to the text . vers . . he argues the justice of ministers maintenance under the gospel , from the maintenance of the priests by gods appointment under the law , both before and after the temple built . do ye not know that they which minister about holy things live of the things of the temple , and they which wait at the altar , are partakers with the altar ? numb . . , , to . deut. . , , , , . ch . . . to the end of the chapter , ch . . , . chron. . , to . nehem. . , to the end . ch . . , . & . , to . ( the priests and levites by gods own institution then receiving a liberal maintenance from the people , by first fruits , tithes , oblations , sacrifices , and likewise cities , suburbs , lands , houses , chambers for them , their families , flocks of cattell and goods , numb . . , to . josh . . , to . chron. . , throughout . chron. . , . neh. . , , . & . . ezek. . , , , , . ch . . , to . lev. . , , . compared with the former texts : and lev. . throughout . numb . . , , , , , , , , , . heb. . . . none of which might be alienated , sold or substracted from them without sin and sacrilege . mal. . . ezek : . . lev : . , . gen : . , . ) and then to stop , silence all future objections and calumnies , he thus concludes his argument with a divine ordinance and institution of christ himself under the gospel for the like liberal maintenance of the ministers of the gospel , ( whose ministration is much more glorious than that of the law , cor. . , , , . ) vers : . even so hath the lord ordained that they which preach the gospel should live of the gospel ; to wit , as liberally , as plentifully , as comfortably in all respects , ( & that by tithes and oblations ) as the priests and levites under the law , as the parallel , and the words even so , import . who ever therefore oppose , resist , censure this their liberal setled maintenance , oppose , resist , censure the very positive ordinance of christ himself under the gospel ; and therefore may and shall receive to themselves damnation , rom. . . in case they do not repent thereof . finally , the apostle to prevent all cavils that either false apostles or enemies to him and his ministry , might then object against him for this doctrine , as if he were a self-seeker , a covetous wretch , an oppressor , fleecer , spoiler of his flock , or a partial judge in his own cause ( as they now calumniate our ministers pleading for their just setled maintenance and tithes ) because he thus strongly pleads , proves the lawfulness of the maintenance of the ministers of the gospel ; he concludes , v. , , , . nevertheless we have not used this power : but i have used none of these things ; neither have i written these things , that it should be so done unto me , &c. which he repeats and amplifies in cor. . , , , . & , , , , . but he did it only in the behalf of the rest of the ministers of the gospel , to justifie their gospel right to a liberal , just and fitting livelihood for preaching of the gospel . wherefore his testimonie , resolution in this case is beyond all exception , sufficient to convince , silence all gainsayers then and now . ix . the veritie of this proposition is thus demonstrated from tim. . . titus . . joh : . . which prescribe this as one special qualification of every evangelical bishop and minister of the gospel , that he must be given to , and a lover of hospitalitie , a receiver of the brethren , and reliever of distressed saints upon all occasions : and yet withall commands , requires , that he must give himself wholly to reading , fasting , prayer , meditation , exhortation , doctrine , preaching the word in season , out of season , giving attendance on these and other pastoral duties , not intangling himself with the affairs of this life , being separated to the gospel of christ , act. . . tim. . , , , . tim. . , . & . , . rom. . . tit. . . & . . cor. . . acts . . now this they cannot possibly do , without a liberal , comfortable , constant , setled maintenance , unless they have good estates of their own , which few of them have , who yet deserve a convenient reward for the work of their ministry from the people : therfore such a maintenance of right belongeth to them as ministers of the gospel , to enable them to be hospitable , charitable to their christian brethren , and the poor who need relief . x. ministers of the gospel , are to speak , exhort , and rebuke with all authority , and to let no man despise them , tit. . . tim. . , . mat. . . now this they can hardly do , if they be poor , beggerly , living upon meer almes , or benevolences of the giddy-headed people , and stript of a competent setled maintenance independent of the vulgars or superiors meer wils and pleasures , which will render both their persons , words , doctrine , ministry contemptible , and less authoritative to the people : for the scripture informs us , that poor men are lightly esteemed , sam. . . and therefore david couples these together , ps . . . i am poor ( or small in estate ) and despised . and solomon informs us , that the poor useth intreaties ( speaks not with authority like the richer sort ) but the rich answereth roughly , prov. . . that the poor is hated even of his own neighbour , separated from him , despised by him , and that all the brethren of the poor do hate him , how much more do his friends go far from him ? though he pursue them with words , yet are they wanting to him . prov. . . & . , . yea he resolves ecclesi . . , . that a poor mans wisdome is despised , and his words are not heard ; and that no man remembred or regarded that poor wise man , who by his wisdome delivered the small city that was besieged by a great king , because he was poor . neither is this old testament , but gospel truth likewise . jam . , , , . if there come into your assembly a man with a gold ring , in goodly apparel , and there come in also a poor man in vile rayment ; ye have respect to him that weareth the gay clothing , and say to him , sit thou here in a good place ; and say to the poor , stand thou there , or sit here under my footstool . hearken my beloved brethren , hath not god chosen the poor of this world rich in faith , and heires of the kingdom , which he hath promised to them that love him ? but ye have despised the poor : a fault still common in the world . poor indigent ministers , as well as saints , though rich in faith , are alwayes generally contemptible to the greatest part of men , and their very poverty makes not only their persons , but also their words , doctrine to be slighted , despised , as these scriptures and experience manifest . wherefore a competent , setled maintenance and revenue , is not only just , but necessary , to add more reverence , esteem , authority to their exhortations , rebukes , words , and preserve their persons , callings , doctrine from contempt , scorn in the eyes and ears of men : who though they ought to know them which labour among them , and are over them in the lord , and admonish them , and to esteem them very highly in love for their workes sake , thess . . , . yet by reason of their inbred pride and corruption , will be very averse to do it , if they be very poor , indigent , living like beggers upon almes and charity , as our new reformadoes would now have them . xi . ministers of the gospel must not seek to please men , but god ; for if they yet pleased men , they should not be the servants of christ . gal. . . neither must they corrupt the word ( as many do ; to humour the lusts , wils , or countenance , and carry on the unrighteous , covetous , ambitious , oppressive , bloudy , or treacherous designes of wicked men ) fasting ( yea preaching , praying ) for strife and debate , and to smite with the fist of wickedness● , esa . . . but as of sincerity , but as of god in the sight of god , must they speak in christ , . cor. . . now a just , competent , setled maintenance , independent on the governours , magistrates or peoples wils and pleasures , ( such as was the priests & levits under the law enjoyed by divine institution ) is the best means and preservative , to keep ministers from being men-pleasers , flatterers , time-servers , and corrupters of the word of god , to humour men ; a great inducement to them to preach the word of god sincerely , and to rebuke , exhort with all authority . whereas a poor , beggerly , mean , dependent ministry , whose whole maintenance and subsistence must only rest upon the arbitrary wils of persons in highest present power ( who may out , or strip them both of their callings and benefices , when and for what they please ) or only upon the peoples voluntary contributions , will certainly be a men-pleasing , time-serving , flattering , unsincere , and word-corrupting ministry , studying more to please , favour those by and from whom they have their livelihood , than to please god ; and fitting their preaching , praying , doctrines , opinions , to their opinions , tempers , factions , parties , designe , holding alwayes with the prevailing strongest party , or those by whom they subsist , and wresting the scriptures to support their very errors , vices , sins , power , yea most unrighteous , treacherous , perfidious , oppressing practices and bloudy usurpations , not daring to displease them , as * ecclesiastical histories record , and our own experience can sufficiently testifie in these late whirling times and changes , as well as in king ‖ edward the . queen maries and queen elizabeths reigns , when our religion suffered so many publick alterations , and most ministers , scholars , and our whole universities then changed their opinions , professions and religion with the times . hence the scripture records this , as one of jeroboams policies to keep the people and kingdome from returning to the right heir , kings . , , , &c. ch . . , . that he made priests of the lowest ( or poorest ) of the people , who were not of the sonnes of levi , and placed them in bethel : who being poor , mean and depending on him for their salaries , readily sacrificed to his golden calves , offered upon the altar which he had made in bethel , and observed his new prescribed feasts : which the priests and levites that were in all israel , having lands , suburbs , and a setled maintenance , refused to do . whereupon jeroboam and his sonnes cast them out from executing the priests office unto the lord , and substituted these base stipendiary idol-priests for the calves , chron. . , , . which became sinne unto the house of jeroboam , even to cut it off , and to destroy it from the face of the earth . god deliver us of this nation from the like atheistical jeroboam-like policy and practice now , which will certainly prove the ruin of them and their house , who shall put it in execution , if not of our religion and nation , as it did of jeroboam his house , and the k whole kingdom of israel . xii . all christians are commanded , gal. . . as they have opportunity , to do good to all men ( by relieving their wants ) especially to the houshold of faith . therefore they are in an especial manner bound to do good to their ministers who instruct them , in maintaining and communicating to them in all good things , as he resolves , v : . the rather , because we have this precept thus seconded , heb : . but to do good and communicate forget not ; for with such sacrifice god is well pleased : ( coupled with this injunction ) obey them that have the rule over you , and submit your selves , for they watch for your souls , as they that must give account , that they may do it with joy , and not with grief , for that is unprofitable for you . wherein these conclusions are positively asserted . . that christians must not only obey their ministers , but likewise do good , and communicate to them in all good things they want . . that this is so farr from being unlawfull , that it is a sacrifice well pleasing unto god. . that ministers deserve not only obedience but mainnance from the people . . because they have the rule over them . . l because they watch for their souls . . because they must give an account to god for them . . because it will be a great encouragement to them to discharge their dutie with joy , not with grief . . because the not doing it , will both grieve the ministers , and be unprofitable to the people in regard of their souls and spiritual estate , and also cause god to curse and blast them in their temporal estates , mal : . , , , , . where . as the doing thereof will be advantagious to them in both-powerfull reasons , motives to convince all of the justice of our ministers maintenance , and to induce them chearfully to render it unto them , though it were not due by humane laws , as we know it is . xiii . the very gospel enjoyns all christians , rom. . , . to distribute to the necessitie of the saints , and to be hospitable ( not only to those we know , but ) even to strangers . heb : . . and if our enemie hunger , it commands us to feed him ; if he thirst , to give him drink ; and not to be overcome with evil , but to overcome evil with good ; seconded with mat : . , , , , . luke . , to . prov. . . whence thus i argue : if christians must distribute to the necessities of , and be hospitable to saints and others , who are meer strangers to them , yea give meat , drink to their very enemies , and overcome their evil with goodness ; then it necessarily followes , they must much more distribute to the necessities of , be hospitable , liberal , give meat , drink , maintenance to their own faithfull preaching ministers , and recompence their good with good again , else they shall be worse than publicans and sinners , who doe good to those that do good to and for them , mat. . , . xiv . this is evident by the practice of the primitive saints and christians recorded in the gospel for our imitation ; who though they paid all civil tributes , customs , duties to the civil magistrates , and likewise tithes and other duties to the jewish or pagan priests under whom they lived ; yet they likewise freely and liberally ministred , contributed of their substance and temporal estates towards the maintenance of christ and his apostles , and the ministers of the gospel . hence we read , luke . , . that mary magdalen , joanna the wife of cuza , herods steward , susanna and man , others ( of our saviours auditors ) ministred to him of their substance : put , it seems , into a common purse for the maintenance of christ and his apostles , which judas kept ; who provided bread , meat and other necessaries out of it ; as is evident by john . , . & . , . & . . & . , . compared together . after our saviours resurrection , when the multitude of believers at jerusalem were much increased , it is expresly recorded , acts . , to the end , & . , to . that they were all of one heart and of one soul ( and oh that we were so again ! ) neither said any of them , that ought that he possessed was his own , but they had all things common ; neither was there any amongst them ( whether apostle , minister or believer ) that lacked ; for as many as were possessors of lands or houses sold them ( not purchased them , much less glebes , tithes , or church-lands , as many do now , who say they imitate the primitive christians ) and brought the prices of the things that were sold , and laid them down at the apostles feet ; and distribution was made unto every man ( therefore to every apostle and minister of the gospel , as well as others ) accordding as they had need . amongst others , joses a levite of cyprus , having land sold it , and brought the money and laid it at the apostles feet : the like did ananias with saphira his wife , but because they brought a certain part thereof , and laid it at the apostles feet , and kept back part of the price of the land , ( which is less than to keep back tithes , when due by sundrie lawes and ordinances , ) and thereby lyed not unto men ( only ) but to god , they both fell down dead sodainly at the apostles feet ( in a miraculous manner ) and were carried forth and buried : and great fear came upon all the church , and as many as heard thereof . we finde in cor. . , , . that though paul preached the gospel at corinth freely , yet he took wages of other churches ( at the same time ) to do them service . and when he was present with them , and wanted , that which was wanting unto him , the brethren that came from macedonia supplied ; that in all things he might keep himself from being burdensome to the corinthians ; ( for reasons expressed by him ) in which respect , of not ministring to him of their substance , he writes , they were inferiour to other churches , cor. , . how bountifull the church and saints of philippi were to paul , not only whiles present with them and preaching among them , but also absent from them , preaching the gospell in other places , and how pleasing this their liberalitie was to god , he thus records ; phil : . , to . but i rejoyced in the lord greatly , that at last your care of me is revived ; wherein ye were also carefull , but ye lacked opportunity : not that i speak in respect of want , for i have learned in whatsoever estate i am , therewith to be content , &c. notwithstanding ye have well done that ye did communicate with my affliction . now ye philippians know also , that in the beginning of the gospel , when i departed from macedonia , no churches communicated with me as concerning giving and receiving , but ye only : for even in thessalonica ye sent once and again to my necessity . not because i desire a gift , but i desire fruit that may abound to your accompt . but i have received all , and abound and am full , having received of epaphroditus the things sent from you ; an odour of a sweet smell , a sacrifice acceptable , well-pleasing to god. but my god shall supply all your needs , according to his riches in glory by jesus christ ; now unto god and our father , be glory for ever and ever amen . and in . tim. . , , . he makes this memorable testimony of and prayer for onesiphorus : the lord give mercy unto the house of onesiphorus , for he often refreshed me , and was not ashamed of my chain : but when he was in rome , he sought me out very diligently and found me : the lord grant unto him , that he may find mercy of the lord in that day : and in how many things he ministred unto me at ephesus thou knowest very well . from all which precedents coupled together , these conclusions naturally , and necessarily arise : . that it is not only the practice , but duty of the saints and christians under the gospel , chearfully and liberally to contribute to the apostles and ministers of the gospel ; and that not only whiles they are actually preaching and resident amongst them , but whiles absent preaching , the gospel in other places , or suffering for the gospel in bonds and prisons , if their necessities so require . . that they ought not only barely to supply their necessities , when they are in want ; but in such a plentiful manner , that they may truly say , we abound and are full , blesse god for , rejoyce in their peoples liberality , and pray to god for a blessing upon them and theirs , with greater chearfulness and zeal . . that in cases of necessity , when the wants of the apostles , ministers and saints of god require it , christians are not only bound to pay them the tithes of their lands and other setled dues , but even to sell their very lands , houses , estates themselves and lay them down at the apostles and ministers feet for their common supply ; as the primitive christians did ; they being not real proprietors , but meer stewards of their worldly estates ; which as they all proceed from gods hand , gift , blessing ; so they are still , gods own , not mans ; and therefore in such cases , to be chearfully expended for the maintenance and supply of the necessities of his ministers , servants , worship : chron. . , , , , , . tim. . , , . . that the maintenance of the ministers of the gospel , is not meer pure almes , ( as some have held ) but wages ; which though paul ( for some special reasons ) received not from the corinthians , yet he did from other churches , under the name of wages . . that niggardlinesse , and not contributing towards the maintenance of painful ministers , is a shame , infamy , dishonour to a church and people , making them inferiour to all other churches . . that peoples liberal , bountifull contributing to the apostles and ministers of the gospel , is a great joy , comfort , encouragement to them , yea a means to enlarge their hearts in prayers to god for spiritual and temporal blessings on them and their housholds . . that bountifull and chearfull contributions to the apostles and ministers of christ , is not only a well doing , or good work , but an odour of a sweet smell , a sacrifice acceptable and well pleasing unto god , though it stinks in the nostrils of many covetous earth-wormes , sectaries and pretended godly saints now adaies . . that liberality to the ministers of the gospel , and paying them their just deserved tithes , dues , is so farr from impoverishing and hurting mens estates , that it redounds to their spiritual and temporal accompt too ; causeth god to supply all their wants , and to blesse both them and their families with spiritual , temporal , eternal mercies and rewards ; as the several forecited scriptures , with prov. . , . mal. . , . mat. . , . mar. . . cor. . , to . kings . , to . kings . , to . most abundantly prove . . that the willful detaining , withdrawing of any thing solemnly devoted to the necessary maintenance of the apostles and ministers of the gospel , brings exemplary curses , judgements on those who are guilty thereof , as the examples of ananias and saphira testifie , compared with mal. . , , . hag. . , , , & . , , , . further illustrating it : which all sacrilegious invaders , plunderers , detainers , oppugners of our ministers ancient established maintenance , tithes , dues , may do well now seriously to ruminate upon , and then reform their practice , or else renounce their pretended christianity and saintship , so much swarving from the recited precedents of the first and purest christians . xv. this is further proved by mat. . . luke . . all things whatsoever ye would that men should do unto you , do even so to them , for this is the law and the prophets ; yea and the gospel too ; thus twice enjoyning it , from christs own mouth . whence thus i argue . all estates , callings , professions of men whatsoever ; whether kings , princes , rulers , judges , magistrates of all sorts , lawyers , physicians , chirurgeons , merchants , artificers , traders , husbandmen , labourers of all kinds , sea-men ; yea all generals , commanders , collonels , captains , governours of forts , and common souldiers whatsoever , with all sorts of civil officers in their respective offices , imployments , do and justly may by the law of god , nature , nations , expect and receive a just , certain comfortable salary , reward , hire , maintenance , subsistence for their respective pains , workes , imployments , exercises of their callings , talents from those that do imploy them , or for whose good they worke and serve . therefore by the self-same lawes , rules of common , natural , moral justice and equity , all ministers and preachers of the gospel may justly expect and receive the like , from those to whom they preach ; else all others whatsoever must exercise their respective offices , callings , trades , imployments , studies , labours freely , without expecting or receiving any stipend , wages , reward or maintenance , as well as ministers ; which they will never do . and great reason is there that the painfull , faithfull ministers of the gospel should receive a liberal , comfortable , competent , setled maintenance and reward for their ministrie , as well as any other callings , or professions of men , or as any officers or soldiers in the armie , between whom alone and ministers i shall here only make the parallel , because they most violently oppugne our ministers maintenance ( if not their ministrie too ) of all others i have yet conferred with . first , all able , learned , judicious , pious ministers , skilfull in the original tongues , and learned languages , wherein the scriptures were penned ( very necessarie for them to understand ) able soundly , judiciously , like work-men who need not be ashamed , to defend the truth of the gospel , to stop the mouthes of blasphemers , hereticks , seducers , that oppugne it ; to divide and preach the , word of god aright as they ought . ( else they hardly merit the name of able ministers , cor. . . tim. . , . tim. . . & . , , , . tit. . , , . but rather of pratlers , wranglers , understanding neither what they say , nor whereof they affirm , wresting the scriptures to their own and others destruction through ignorance and want of learning , pet. . . the case of many unlearned usurpers of the office of teachers now ) all such before they can be fit for the work of the ministrie , spend sixteen or twentie years time , in hard studies day and night at their books in schools , universities , double the yeares , studie , industrie , that most other artists ( except lawyers and physicians ) spend in fitting themselves for , and in learning their mechanick trades and professions : whereas all common souldiers , yea many officers and commanders of late times , rush just like their horses , into their work , calling , without one years , weeks , dayes preparation , studie , practice in the wars , learning their trade of souldiers and commanders , after they are listed , as such , by practice and experience only without studie . . most ministers , or their parents , friends are at very great expences for many years time in sitting them for the ministry , both in schools and in our universities , before they enter into , or are able for it : whereas all our souldiers & army-officers were at no expence at all , receiving full pay , as such , from the first day of their listing , yea many of them advance money to boot , before any practice at all or study , judgement in their art ; learning their military skill , not at their own , but only at the peoples great costs . . learned ministers both before and after their admission into the ministry , are at great charges , expences , to furnish themselves with bookes , libraries , necessary for their calling : whereas our army-officers , soldiers are and were furnished with all sorts of armes , ammunition fitting for their calling out of the publick treasury only , which continually recruits them when lost in service . . the calling of the ministry requires men of far more able parts and eminency of gifts ( whereby they might gain far more worldly wealth , riches , honours in many other callings , than they do or can do by the ministry , by which they are commonly losers in respect of worldly gains and preferments , a thing very considerable ) than the calling of an ordinary souldier , or most warlike officers doe ; as experience manifests , and i think most souldiers , officers will acknowledge ; and thereupon must admit them proportionable allowance to their parts , work in the ministry it self , and what they might probably gain in other functions . . ministers when once entred into their callings , are alwaies day and night upon constant duty , without intermission ; their whole lives being so taken up with study , preaching , catechizing , praying , fasting , exhorting , admonishing , reproving , comforting , visiting the sick in body , troubled in mind , resolving doubts of conscience , and other ministerial duties as well * in private from house to house as publickly in the church , that they have most of them scarce one spare day or hour all the year to imploy in other affaires , for their own advantage in worldly things . whereas many of our army-officers and souldiers lie idle in their quarters many months ( if not years of late together ) without any actual service , yet receive their full constant pay ; and those in actual service , garisons , do that they call duty only by turns , once or twice a week ; and that but or two or three hours in a day , being then successively relieved by others ; having sufficient time every day and week , not only to follow their private trades , if they please , which are necessarie , usefull , beneficial to them , but also to exercise merchandise and other gainfull worldly imployments , offices , to which they were never trained up ; whereby most of them are grown richer than most of our ministers in half the space they were fitting themselves for their ministry before they received one penny profit by it . as for our officers , they seldom doe any dutie ; have all their men-servants listed under them , and paid by the people to do them service only , being exempt from duty ; and how seldom they have been of late times at their quarters upon their dutie as souldiers , but sitting other-where in counsel to advance their own power , estates , and pull down all above them , to intrude themselves into their places , we all see by many late sad experiences , contrary to the apostles precept , tim : . . no man that warreth intangleth himself with the affairs of this life , that he may please ( not supplant , pull down ) him who hath chosen him to be a souldier : and to john the baptists injunction to souldiers , luke . . do violence to no man , neither accuse any falsely , and be content with your wages . which ungospel practices i wish they would first reform , by conforming themselves unto this precept , before they reform our ministers , their tithes , or setled wages , or our laws , things beyond , if not against their calling ; for which they were never raised nor imployed . . the calling of ministers , as it is every way farr more laborious , yea as perillous and full of hardship as that of souldiers , cor : . , to . & . , , , . tim. , , , , . & . , , . & . , , . so questionless it is far more honourable , necessarie , usefull , beneficial to others , than that of souldiers and commanders ; for they are the very embassadors of god himself , and jesus christ ( the m king and lord of glory , the king of kings , and lord of lords , the prince of the kings of the earth , and only potentate , to whom all other powers and knees must bow ) beseeching men in christs stead to be reconciled to god , cor. : . the ministers , servants , messengers of jesus christ , workers together with him , stewards of the mysteries of god and the glory of christ , cor : . , . cor : . . & . . tim : . . imployed to preach to sinfull men , the unsearchable riches of christ , to turn them from darkness unto light , and from the power of satan unto god , eph : . . acts . . to rescue their souls from the slavery and power of sin , satan , hell , death , everlasting damnation ; and make them the sons of god , heirs and coheirs with christ of everlasting glory and felicity in gods heavenly kingdom , through the power of gods grace and spirit working in , with , by and through their ministry on their hearts . now the calling of a souldier though it be honourable , and in a some cases lawfull and necessary , if rightly managed ; yet it is for the most part sinfull , hurtfull , pernicious , dangerous , unbeseeming the gospel , in respect of the cause , managing , abuses thereof ; o it being accompanied with murther , violence , rapine , treachery , perjury , sacrilege , cruelty , inhumanity , profaneness , blasphemy , contempt of god , of all sacred , civil laws and ordinances ; ambition , treason , and the worst of sins ; tending usually ( like an overflowing deluge ) to the subversion , desolation , ruine of whole families , cities , countries , kingdoms , churches ; yea , mankinde it self , religion , lawes , liberties , properties ; turning whole famous cities into ashes , and kingdoms into golgothaes , acheldamaes , ( fields of bloud and dead mens sculs ) yea very wildernesses , as the p scripture , histories and experience manifest . hence god styles great warriers and armies ; the rod of his anger , the battel-axe with which he breaketh in pieces the nations , destroyeth kingdoms , and treadeth them down like the mire in the streets ; and then at last destroyes them in his wrath , when they have executed his judgements , for their rapines , violence and bloudy cruelty , isa . . , &c. jer. . , to . c. . , &c. they being really carried on from one war to another , out of vainglory , ambition , covetousness , a mad humour of false greatness ; & nullus supra caeteros eminendi modus ; in sua fata pariter , ac publica ; to their own and the publick ruine ; yet still under a pretext of publick good and safety ; as seneca excellently writes in his epistle ( a piece worth the reading ) of alexander the great , caesar , pompey , marius , qui cum omnia concuterent , concutiebantur ; & cum multis fuerunt authores mali , pestiferam illam vim , qua plerosque nocuerunt , ipsi quoque sentiunt . indeed the profession of a souldier even in the best of men and warres , is so full of danger , pollution , that it leaves some scarrs of sin , and tincture of pollution on them , however they demean themselves . whence we read , that though david were q a man after gods own heart , and r fought the battels of the lord against his professed enemies by his special command , with constant success ; yet god would by no means permit him to build an house and temple to him , for this very reason , because he had been a man of warr , and made great battels , and shed much blood upon the earth in his sight ; and the . israelites , who by gods special command went up to war against the midianites , and slew them , returning with victory and great spoils , without the loss of one man , though treble their number , when as they came back from the war , were all of them , whosoever had killed any person , or touched any slain , enjoyned by god and moses , to remain without the camp seven dayes , and to purifie themselves on the third and seventh day , as unclean and polluted persons , numb . . , , , . and all the officers , and captains of hundreds and thousands in the host brought an oblation , what every man had gotten of jewels , of gold , chaines , bracelets , rings , ear-rings and tablets , to make an oblation for their souls before the lord , v. , , . such a stain and guilt was there adhering to their war-like calling , in this best of warrs against gods professed idolatrous enemies . and may not all officers , souldiers whatsoever then justly fear , finde a deeper guilt of sin and stain of blood , than was in david , or those officers and souldiers adhering to their persons , profession in our unnatural , uncivil wars , even with , and against their very christian , nearest , dearest kings , brethren , friends , kindred , neighbours of the self-same reformed protestant religion , and thereupon make the like or a far richer oblation than they did , out of their spoils and gains by warr , as an attonement for their souls , in stead of provoking god and encreasing their guilt , by seeking to spoil his faithfull ministers of their long enjoyed maintenance ? in all these . particulars wherein the calling of ministers excells in merit that of common souldiers , captains and officers of war ; both in respect of time , studie , costs , labour , diligence , parts , danger , honour , excellencie , use , profit , and necessitie ; ( to which i might add , that the ministers frequent tears , prayers in times of war , and judgements , are far ſ more prevalent , beneficial , victorious than the souldiers arms ; besides their constant use and benefit in daies of peace , when souldiers are needless , useless : ) i referr it to the unprejudiced judgements , consciences of all rational christian men and souldiers themselves ; whether our faithfull preaching ministers be not worthie of as large , as liberal , as constant , setled , honourable , coercive a maintenance from the people , as any souldiers , officers , captains , collonels , majors or major generals whatsoever , if not a better , larger salarie and reward than they enjoy , for the premised reasons ; when as yet some ordinarie soldiers , troopers receive as much or more pay by the year , as many of our godly ministers ; and every ancient , serjeant , lieutenant , as much as the most and best beneficed ministers ; and most captains , collonels , majors , five or six times more than our ablest , best deserving ministers ; and some general army-officers have received , gained more monie , lands , wealth , in few moneths or years space at least , than hundreds of our most meritorious ministers put together can gain in all their lives by their ministry . how then can they tax them as covetous , oppressive , yea as caterpillars of the people by their tithes and duties , for receiving only , , , , , , or l. a year ( and very few of them more , or so much ) from the people , by an antient right paid once a year , when as they receive ten times more from the impoverished people , and at least the tenth part or more of all our poor ministers livings by monthly enforced contributions , and yet will neither give them the tenthes of their pay and spoyles of warr ( as abraham and others did , gen : . . heb : . , . chr. . , , . ) nor ( many of them ) pay their own personal or predial tithes , and endevour to hinder others , though willing , from paying them any tithes or dues , to which they have a juster right than they have to their souldiers pay and enforced contributions , against all (t) antient lawes and statutes as now imposed , levied , especially on the clergie , who were never taxed , charged either by (u) lords or commons in former ages , but only by themselves , by their own free grants in parliament and convocation by special acts , as our records and printed statutes manifest ? or with what face , reason , conscience they can seek to deprive them of all their tithes , glebes , and other legal setled coercive stipends , amounting to so small a value , as now they do ; when as themselves receive far more setled constant pay , levied with the greatest rigour and extremitie on the exhausted people every month or quarter ; and some of them have many militarie , besides civil gainfull offices , imployments , and that in several kingdomes , amounting to thousands , and tenne thousands by the year , when sew ministers now enjoy one or two hundred pounds a year de claro , and most not sixtie , all taxes deducted ; and must hardly be suffered to hold two adjoyning petty benefices , to make up . or . l. a year , without much clamour , censure and danger of deprivation : when as they can hold so many gainful , incompetible pluralities in these necessitous times ; and when as popish , pagan , mahometan and aegyptian priests enjoy far more than our best deserving clergy at this day , without their officers , souldiers clamours or opposition ? having thus made good the proposition by these scriptures and reasons , to which i could never yet hear the least colourable answer given ; i now proceed to answer such objections , as have been , or may be made against it . the first objection is from mat. . . where when christ sent out his apostles to preach , he saith unto them , heal the sicke , cleanse the lepers , raise the dead , cast out devils ; freely ye have received , freely give . whence some inferre , that ministers and apostles of christ , are here enjoyned by him , to preach the gospel freely , without receiving any wages , reward or recompence for it , because they freely received their power and commission to preach the gospel , without giving money or price for it . to which i answer . . that this clause of freely ye have received , freely give , relates not to their preaching of the gospel , but is annexed only to the precedent words ; heal the sick , cleanse the lepers , raise the dead , cast out devils ; which they are commanded to do freely without any wages , hire or reward ; having freely received this miraculous power of healing the sick , &c. from christ , who did it freely ; and that to gain credit to the truth of the gospel , which was confirmed , credited , propagated by these free miraculous workes . marke . , , . act. . , to . & . , to . & . , , , , . & . , . which power of working miracles when simon magus would have bought for money of peter ; he said unto him , thy money perish with thee , because thou hast thought , that the gift of god may be purchased with money . thou hast neither part nor lot in this matter , for thy heart is not right in the sight of god : repent therefore of this thy wickednesse , &c. acts . , to . . he is so far from enjoyning them to preach the gospel freely without recompence , that he allowes them to take a recompence for it , closing it up with a contrary clause , for the labourer is worthy of his meat and hire , ver . . recited luke . . where the objected words are omited , as likewise marke . . our new mechanick predicants to separate conventicles , who urge this text against ministers maintenance , should receive no money , gift or recompence for their speaking , prating from their disciples , no more than our ministers for preaching , who yet gain far more from deluded blind followers of the blind , than many of our ministers get by their ministry ; yea more than ever they earned by their trades before , which makes them wholly to desert them and turn tub-preachers . this sentence can no waies be truely applyed now to ministers ; for though they receive their ministry and orders freely without purchase ( which some bought for money heretofore ) yet their preparation for the ministry costs them many years study , pains , themselves or their friends , parents many a pound , as i formerly proved ; whereas the apostles received the miraculous gift of healing , preaching immediately by divine inspiration , without study or cost . . if those who receive any office , commission , place freely , must discharge it freely without any reward , pay , as some army-officers , souldiers and others hence conclude against our ministers ; then all our soldiers , and other militarie officers by land and sea , must henceforth at least ( and should have done heretofore ) by the self-same text , reason , serve their country freely without receiving any pay , reward ; contributions from the people ; since ( i conceive ) few or none of them ever actually bought their offices , places , commissions , or paid any monie for their listing ; yea then all other publike officers ( real or pretended ) must serve their countrie gratis , unlesse they purchased their offices from those in late or present power ; and then they are ipso facto void by the statute of e. . c. . against buying or selling of offices . now upon this condition , that all souldiers , all militarie and civil officers will henceforth serve their countrie freely , without pay or recompence , for the oppressed peoples future freedome from long unsupportable monethly taxes , impositions , excises ; i dare presume all or most of our ministers will be content to preach the gospel freely to the people likewise , without tithes or other dues , for so long a time , as the souldiers and other officers shall freely serve our nation ; and i suppose all ministers in scotland , ireland , will do the like ; if the officers , souldiers there will first really begin the precedent . which if they here and there refuse , they must give ministers leave to enjoy their antient tithes , dues , stipends for preaching the gospel , so long as they demand their former pay and salaries ; and renounce the objected text , as fatal to their own wages , as the ministers , unlesse they dearly bought their offices , commands , and did not freely receive them ; which if true ( as i presume it false ) very few of them would publickly acknowledge . the second objection ( most urged to me by some pendennis souldiers , whiles there a prisoner under their gards ) is the example of the apostle paul , who staying and preaching at corinth a year and six monthes , because he would not be burdensom , but preach the gospel freely to them without charge or reward ; wrought with his own hands , and got his living by making tents ; as is recorded , acts . , , , &c. & . . cor. . . & . , , , , , . cor. . , . & . , , , . the like he did among the thessalonians , labouring night and day , because he would not be chargeable to any of them , when he preached unto them the gospel of god , thess . . , . thess . . . from whence they conclude , that all other ministers ought to preach the gospel freely , and to labour with their hands day and night in some other calling to supply their necessities and maintain themselves and families , that they may not be chargeable to the people . to which grand argument ( requiring the fullest reply ) i answer , that this general inference from pauls particular practice in these two churches , is very lame and unsound ; for , . paul expresly resolves , that all apostles and ministers of the gospel have a just right , power to receive a competent maintenance as wages from the people , and most strongly proves it to be an ordinance of christ himself , in some of the objected texts , as i have at large demonstrated . . he likewise declares ( with a salvo jure , as lawyers speak ) that himself had such a just right , power to receive wages and maintenance from the very corinthians and thessalonians themselves , as well as others , though he made no use of his power : witness , cor. . , , . where thus he expostulates , have we not power to eat and to drink , and to reap your carnal things , for sowing unto you spiritual things ? if others be partakers of this power over you , are not we rather ? nevertheless we have not used this power . and thess : . , . neither did we eat any mens bread for nought , but wrought with labour and travel night and day , that we might not be chargeable to any of you ; not because we have not power , but to make our selves an example for you to follow us , &c. we have much talk and crying up of late , have we not power , power , and present power ? in most grandees mouthes and publick papers ( especially souldiers who carrie it by their sides ) instead of our old language , have we not law , liberty , right , fréedom ? the things they say they fought for on the peoples behalf , who pay them : which words , things , the greater cry of have we not power , &c. hath made us not to have and quite swallowed up amongst us . i wish all such officers , souldiers , grandees who press these texts against ministers tithes , and most use these words have we not power , ( if derived from god , or the apostle who thrice mentions it in these texts ) would only use and speak them in the apostles sense , language , ( in not assuming , usurping , but utterly disclaiming the real practice and abuses of their power in his self-denying words , worthie to be written in capitals , that all persons of , or in power may now read and practise it ) nevertheless we have not used this power , but wrought with labour and travel night and day , that we might not be chargeable to any of you , to make our selves an ensample for you ( ministers ) to follow us : then we should be no longer over-charged with endless taxes , excises , &c. by , for , or from any who have power , nor grieved with any fresh changes of laws , civil or church-government , or ministers setled maintenance , but be a free state and nation indeed , as some have long promised to make us , but still the quite contrarie way in direct opposition to the apostles nevertheless we have used and will still use this armed , army , tyrannical , arbitrary power , that we might be chargeable ( yea very chargeable ) to every of you : therefore no wonder our ministers ( in their objected sense ) do the like by their example , in exacting their tithes , dues , ( which they may justly do ) till they disclame the use of their iron power , in imposing , levying new taxes , excises , on ministers as well as people , in strange untrodden waies , to pay their own and souldiers salaries to support their self-created lawless power in the highest strain of exercisse , which they condemn in ministers in a far more inferiour degree ; who questionless may as lawfully make use of it , as paul himself might have justly done , as he resolves , though he suspended its actual exercise for a time . . paul records . special reasons why he made no use of this his evangelical power amongst the corinthians , but laboured with his hands . . that he might not hinder the gospel of christ among the corinthians , cor. . . they being then most of them pagans , the rest but newly converted to the gospel by his preaching , and all of them very worldly , covetous , as he insinuates , cor. . , , . ch . . , , , c. . , , . cor. . , to . . that he might not seem to abuse his power in the gospel in the opinion of these covetous worldlings , cor. . . . that he might adde to his glory , in undergoing necessities for christ , wherein he gloried ; and adde to his future reward , cor. . , to . cor. . , to . . and principally , to cut off occasion of slander and reproach from some false apostles , and deceitfull workers and ministers of satan , transforming themselves into angels of light , ( who sought occasion to slander him ) accounting his preaching very contemptible , and him to be none of christs , but a very reprobate , cor. . , , . c. . , . ( as some now esteem our ministers ) seeking a proof of christ speaking in him , c. . . ( as they doe now in our ministers ) glorying ( as some of the same tribe do now ) that they preached the gospel freely , and wrought with their own hands ; whereupon he addeth , that wherein they gloried , they might be found even as he , cor. . , , . which false apostles and dissembling hypocrites for all their braggs , did yet enslave , take of them , fleece and abuse them , more than any faithfull ministers , and yet they patiently endured it ; as he there affirms , and insinuates , v. . for ye suffer if a man bring you into bondage , if a man devour you , if a man take of you , if a man exalt himself , if a man smite you on the face ; taxing their wisdom and pusillanimitie for this their asinine sottish stupiditie ; when as neither paul himself , nor titus , nor any other of those ministers he sent unto them , did either burden , or catch them with guile , or make a gain of them , as these false apostles , domineering hypocrites , and ministers of satan did ; cor. . , , . these were the reasons expressed by him , why he took no wages of the corinthians , and supported himself with his own labour , but this is not our ministers case , after our so long enjoyment of the gospel , and their enjoying of a setled maintenance by tithes and glebes x above years space , so long since setled on them by our devout saxon kings , and continued ever since . when our ministers have the self-same reasons as paul had amongst the corinthians , to move them to pursue his objected practice ; i doubt not but they will chearfully imitate it , for the advancement of the gospel , and winning souls to christ . ly . the reason why paul exercised not this power among the thessalonians , labouring amongst them night and day to support himself , was much different from the former ; thus recorded by him ; thess . . , to . when he was among them he heard , that there were some who walked disorderly , working not at all , but were busie-bodies , ( just such as our new preaching weavers , ginger-bread makers , smiths , soldiers , citizens , and other jesuitical disguised mechanicks are , who give over their trades , work , to busie themselves only in gathering new conventicles , in new moulding our church , state , in preaching openly and in corners every where to carry on their own worldly and jesuitical designs : whereupon he then commanded them that if any ( such busie-bodies ) would not work ( but forsake his calling ) neither should he eat : ( a very good gospel-law , if duly executed , to quell all such busie-bodies ) and upon this occasion , not because he had not power , but to make himself an example for them to follow , ( and encourage these busie-bodies , with all other loiterers to labour ) he refused to eat any mans bread freely , but wrought with labour and travel night & day , that he might not be chargeable to any of them . yet because this his example did not reform all whiles he was present , but some such idle busie-bodies still continued their practice notwithstanding ; he gives them this new precept in and by this epistle , vers . . now them that are such we command , and exhort by our lord jesus christ ( and o that our prating busie-bodies who step out of their own callings into other mens and into the ministers too , would hearken and obey him ! ) that they with quietnesse work , ( or , do their own work , as some translators render it , not other mens ) and eat their own bread : ( not live upon other mens trenchers , sweat , labours , as many thousands doe now ) and , if any obey not our word , signifie ( or note ) that man by an epistle , and have no company with him ( then he will be a separatist in good earnest ) that he may be ashamed ; yet count him not as an enemie , but admonish him as a brother . if our ministers working with their own hands at our preaching mechanicks trades , would reduce them to follow their trades , and give over busying themselves in ministers and other mens publick callings and state-affairs , i presume many of them would fall a working for a time for such a good end : but since pauls own example in this kinde did not reclame such busie-bodies then ; whereupon he prescribed another more effectual remedie , if duely put in execution by ecclesiastical and civil magistrates : our ministers ( who have lesser hopes to reclame them now by such a practice , which would give scandal unto many , and make them neglect their proper function ) have neither reason , nor precept to follow this his singular voluntarie precedent upon this ground of his , which is no waies binding to them . . though paul himself then laboured among the corinthians and took no wages from them ; yet he received wages from other churches at the same time , to supply their lack of service unto him : cor. . , . which by way of sarcasme ( to upbraide their covetousnesse , tenacity and ingratitude towards him ) he calls , robbing of other churches ; because it was to do them service , not those churches : not that it was robbery indeed ( as some ignorant asses judge it , who understand not rhetorick and eloquence ) for in the next verse he stiles it , a supply ; and phil. . , , . a communicating to his necessities ; a well-doing , a fruit abounding to their account , as well as to his rejoycing , an odour of a sweet smell , a sacrifice acceptable and well-pleasing unto god ; and wages in the self-same text ; therefore no unlawful robbery . . though the niggardly corinthians saved their purses by pauls labour and free preaching , yet they gained no honour , but disgrace and sharp censures from him for it : witnesse cor. . , , . even unto this present hour we both hunger and thirst , and are naked , and are buffeted , and have no certain dwelling place ; and labour working with our own hands , &c. i write not these things to shame you but , as my beloved sonnes i admonish you : ( of your harsh , ingrate , despitefull carriage towards me , which makes my condition so uncomfortable : ) which he thus seconds , cor. . , . have i committed an offence in abasing my self , that you might be exalted , because i have preached the gospel of god freely ? i robbed other churches , taking wages of them to do you service . and ch . . , , . truly the signes of an apostle were wrought among you in all patience , in signes and wonders , and mighty deeds ; for what was it wherein ye were inferior to other churches , except it be , that i my self was not burdensome to you ? forgive me this wrong : behold , the third time i am ready to come to you , and i will not be burdensome to you , for i seek not yours but you , &c. and i will very gladly spend and be spent for you , though the more aboundantly i love you , the lesse i be loved . whence all may learn , that it is a great disparagement , stain , and certain signe of want of love both to the ministers and ministry of the gospel , for any church , people to suffer or enforce their minister to hunger , thirst , be naked , to have no certain dwelling place , and to labour working with his own hands , that he may preach the gospel freely to them : and such kind of ungratefull , ungodly people , who cause ministers thus to spend and be spent for them , will be so far from loving or respecting them for it , that the more they love them in this kind , the lesse they will probably love them again , as the corinthians did paul : who traduced , slandered him , as no true apostle , a weake contemptible preacher , and a very reprobate , in stead of commending him for his extraordinary paines and cost , in preaching freely to them , cor. . . & . , . & . , , . who then would hearken to , or gratifie such perverse beasts , and such unthankfull hypocrites , though appearing in the shapes of saints , and notion of the godly party , ( or rather ungodly faction ) against our ministers and their maintenance ? . though paul thus laboured night and day with his own hands to maintain himself and preach the gospel freely , yet it followes not hence , that all other ministers now should do it . . because he being an inspired apostle , able to preach by immediate inspiration and revelation from god without study or premeditation ( as is probable , ) his labour in this kind , was no hindrance to his diligent , constant , powerfull preaching . but no ministers now , ( being thus immediately inspired ) they must study , meditate day and night for what they preach , and examine their doctrines seriously by gods word before they vent them : whence paul enjoynes even timothy himself , tim. . , , . to give attendance to reading , to exhortation , to doctrine , to meditate upon these things , and give himself wholly to them , that his profiting might appeare to all men : and to take heed unto his doctrine : which he could not do , if he should labour night and day with his hands as paul did , to support himself and preach gratis : wherefore he tells him , tim. . . that no man that warreth ( a spiritual warfare as he and other ministers do ) intangleth himself with the affaires of this life ; that he may please or serve him who hath chosen him to be a souldier . a direct inhibition to ministers to follow pauls precedent ; who cannot serve and please god in their ministry , if they labour day and night in mechanick trades for their living . and upon this ground ( which is very observable ) the very apostles themselves , act. . , , , . calling the multitude to them , said , it is not reason ( pray marke it ) that we should leave the word of god and serve tables ( much lesse work day and night at a mechanick trade : ) wherefore brethren looke ye out seven men of honest report , full of the holy ghost & wisdom , whom ye may appoint over this businesse : but we will give our selves continually to prayer , and to the ministry of the word : and the saying pleased the whole multitude . from which texts it is clear , . that the apostles themselves resolve , that they could not exercise the very antient office of a deacon in serving tables , attending on widowes and other poor , aged , impotent saints , without neglecting , or giving over preaching of the word : much lesse then can ministers labour day and night with their hands at some trade or other , to maintain themselves and their families , without neglecting and desisting from the ministry . . that apostles and ministers of the gospel , ought to give themselves wholly and continually to prayer , preaching , meditation , reading , and other ministerial duties ; and therefore must not undertake or intermeddle with secular imployments and callings . . that the apostles themselves have punctually resolved , and that all the primitive christians unanimously assented to it ; that it is not reason , that they should leave preaching the word of god , so much as to wait upon widdowes and poor people at their tables : whereupon they elected seven deacons to discharge that office . therefore it is far lesse reason , ( and they are most wicked and unreasonable men without faith or charity , from which the apostle prayes god deliver him and all his ministers , thess . . . who now urge it ) to enforce all our ministers to neglect , forsake their ministry , preaching , studies now , to follow handicraft trades to get their livelihood , that so they might preach freely to the people without any recompence , or reward at all . . all godly ministers , people in all ages , and the very objectors themselves of late years have extremely condemned , censured our bishops and prelatical clergy , together with popes , popish prelates and clergy men , for intermedling with , and executing civil offices , imployments and worldly affairs , which necessitated them to neglect the preaching of the gospel , and their ministerial duties ; whereupon not only many antient and late councils , synods , but acts of parliament , have specially prohibited them , to be privy counsellers of state , judges , justices of the peace , lord chancellors , treasurers , keepers of the privy seal , stewards of courts , commissioners ; and our very * last parliament by several late acts disabled all bishops from sitting as peers in parliament , and them with all other clergy men , to execute any temporal offices , or commissions , as (y) incompatible with their spiritual function and an impediment to their ministry : according to the old proverbial verse , pluribus intentus minor est ad singula sensus . which i have proved at large by testimonies in all ages , in my breviate of the prelates intolerable vsurpation ; printed anno. . my vnbishoping of timothy and titus ; and antipathy of the english prelacy to monarchy and vnity , anno . therefore to force our ministers to become mechanicks , and give themselves wholly to worldly callings , imployments incompatible with their professions , must needs be an irrational , unchristian project , unworthy the profession or professors of the gospel , not justifiable from pauls example in them that would enforce it . . if this precedent of paul be a sufficient argument to prove , that our ministers ought to work for their living , and to preach the gospel freely without any reward or coercive maintenance ; i shall then by the self-same reason prove , that all officers and souldiers of the army who make this objection , and all our publick civil officers approving it , ought likewise to fight and discharge their offices without pay or salary , and to work with their own hands to get their livings , without oppressing the people with any contributions of excises to maintain them . . because ministers and they are both of one profession in several senses , to wit , souldiers , tim. . , . as i have formerly proved : therefore to fare both a like in respect of pay or hire . . because god records in scripture , ezech. . . that nebuchadnezzar king of babylon ( even by gods appointment ) caused his army to serve a great service against tyrus ; every head was made bald , and every shoulder was ●eeled . yet had he no wages nor his army for tyrus for the s●rvice that he served against it . if nebuchadnezzer and his army served god freely against tyre without wages many years ; should not our present army and officers much more serve god and their country freely without wages ? true it is , god gave them ( after their service fully ended ) not any taxes or contributions from their own country-men or nation , but the land and spoyle of egypt for their wages , because they wrought for him , verses , . and if our officers and souldiers will have such wages , it must only be the lands and spoyles of forein aegyptian enemies , not our churches , or crown-lands , or revenues ( formerly easing the peoples taxes , and defraying all garrisons , and ordinary publick expences ) which they now claim and enjoy for arrears of pay . . nehemiah , both a godly souldier , general and governour of his people , records this for his own honour , and others imitation , neh. . , , , , , . moreover from the time that i was appointed to be their governour in the land of judah from the . even to the . year of artaxerxes the king , even twelve years , i and my brethren have not eaten the bread of the governor . but the former governours that had been before me were chargeable and had taken of them bread and wine , besides forty shekels of silver ; yea even their servants bare rule over the people ; but so did not i ( marke the reason ) because of the fear of god. yea , also i continued in the work of this wall , neither bought we any land ( as many officers and souldiers do now ) and all my servants were gathered thither unto the work . moreover there were at my table an of the jewes and rulers , besides those that came unto us from among the heathen that were about us . now that which was prepared for me daily was an oxe , and six choyce sheep ; also fowles were prepared for me , and once in ten daies store of all sorts of wine ; yea for all this required not i the breed ( that is , the allowance , salary , revenue ) of the governor , ( observe the ground ) because the bondage was heavy on this people ( and hath it not been for . years space , or more , and still is as heavy or heavier upon us ? ) think upon me my god for good according to all i have done for this people . here was a worthy governour , general , magistrate , souldier , really fearing god , and tendering the ease , liberty , welfare of the people , in good earnest , who with all his officers and souldiers for . years space together , though he and they laboured constantly in building the wall of jerusalem , and he was at so great expence each day for his own table , as governour , yet took no free-quarter , bread , wine , money , wages or salary from the people , as other governours , officers before them had done ; and that because of the fear of god , because the bondage was great upon the people ; expecting only a reward from god. i may safer argue from this scripture precedent ; ergo , all our governours , generals , officers , souldiers fearing god , during all our years wars , and as long as they and our bondage shall yet continue , are bound to serve their countrey freely , without taking free-quarter , corn , wine , money , wages , contributions or excises from the people ; and ought not to purchase any lands ; and by consequence are thereupon obliged in conscience to make restitution of all the free-quarter , pay , lands , woods , rents , rewards and publick revenues they have received for their pay , arrears , or rewards of service , expecting their reward only from god hereafter : than they can from pauls example conclude , that ministers ought to preach the gospel freely without wages . and so much the rather , because (z) sir william lewes , mr. denzill holles , and col. walter long , . of the xi . members falsly impeached by the officers and army , an : . for engrossing much of the publike treasure , and giving no accompt of what they had received ; were so generous and truly noble , as in their accompts ( long before passed and allowed by the commons house ) to demand no pay at all ; the first , as governour of portsmouth ; the other as collonels in the army under the earl of essex ; mr. holles refusing to accept of the thousands voted him out of the kings revenue for recompence of his former wrongfull imprisonment by the king for his countries good service in parliament . whose precedents their accusers ( at least ) are as far bound to imitate in this kind , as our ministers are st. pauls . upon which considerations , i now refer the verity , solidity of this argument from pauls example to the judgements , consciences of all officers , souldiers and others formerly triumphing in it , who upon second thoughts must needs disclaime their own pay , and salaries for the future , or else renounce this grand objection as ridiculous and irrational . the third objection is from the epistle of john vers . , , . where john writes to gaius ; beloved , thou dost faithfully whatsoever thou dost , both to the brethren and to strangers : which have born witnesse of thy charity ( or liberalitie ) before the church , whom if thou bring on forward on their journey thou shalt do well , because that for his name sake they went forth , taking nothing of the gentiles . whence some may inferr , ( though i hear not this text urged by any ) that ministers ought now to preach the gospel freely to the people , and to take nothing of them ; because john mentions some such that in his time preached to the gentiles taking nothing of them . to which i answer , . that this text questionless was meant of paul ( the apostle of the gentiles , and his companions timothy and titus , who took nothing of the corinthians , cor. . , , , , . ) seeing gaius was not only st. pauls companion sometimes , being converted , baptized by him , act. . . & . . cor. . . but expresly stiled by him , rom. . . gaius mine host and of all the churches , ; living then at corinth , where paul preached freely ; to whose precedent i have given a full satisfactory answer already . . it is evident , that this gaius ( for some time at least ) lodged paul and other brethren ; being not only faithfull , but charitable and liberal towards them , though the other corinthians were not so . . st. john addes , vers . . we therefore ought to receive such , that we might be fellow helpers to the truth : wherein he concludes it to be a dutie incumbent upon all christians , to receive , encourage , accompany , be charitable and liberal to the apostles and ministers of the gospel , thereby to be fellow-helpers to the truth , which otherwise they shall much hinder . so as this scripture fully warrants my proposition , not oppugnes it . the fourth objection , is the opinion of our famous english apostle , john wickliff , who held tithes and ministers maintenance to be meer alms , whose opinion is largely defended by eminent john hus , in mr. fox his acts and monuments ; edit . . vol. . fol. , to . therefore not due to ministers , but detainable or payable only at the meer wills of the people , as meer alms to beggars are , which are arbitrary . whereto i answer , . that tithes and ministers maintenance , are not pure alms , nor so styled by wickliff , hus , augustine or chrysostom ( whom hus citeth ) as if ministers had no right unto them for their pains , as a just debt , hire , wages ; or , as if men might detain them at their pleasure ; since we are expresly not only exhorted , but commanded , both in the law and gospel , to give alms to those that want them , and that as debters to them so far as our abilities and their necessities require , rom. . , , . & . . cor. . , . cor. . & . throughout , heb. . . tim. . , , . ephes . . . luke . , . & . . gal. . . compared with deut. . , to . exod. . . levit. . deut. . prov. . . & . . & . . & . . eccles . . . dan. . . yea the lawes and statutes of our land , expresly enforce and compell men to contribute to the poor as they shall be ●ss●ssed ; as well as to pay tithes or taxes ; as you may read in rastals abridgement , and daltons justice of peace ; title poor . but they are styled by them pure alms in three other respects . . because they were originally given by people to the ministers that were needie , out of charitie and compassion , for gods sake● , as well as for their work sake . . because ministers after their own wants supplied , did use to distribute part of them to the poor and needy , as alms , and are obliged still to do it ; ( as * abbots , bishops and others did , to whom lands were given in pure and perpetual frank-almoign . ) . because they are pure alms in respect of god , as all other goods of fortune are ; which we both begg and receive from god ; and in this respect they write , every man as well kings and emperours , as ministers , priests people , are beggars of god. . as they stiled tithes alms in these respects : so they likewise granted alms to poor people , and tithes to be * a debt ; for every man duly giving alms , doth as he ought to do ; and so he that giveth tithes . they are their expresse words . . whereas they allege , that neither doth debt utterly exclude the purity of alms before god : and that it is no argument , that if the curate doe perform his corporal ministry , that hee ought therefore to challenge tithes by any civil title : because that as well on the behalf of him that giveth the tithes , as also in the behalf of the curate , every such ministry ought freely to be given , and not by any civil exchange . i conceive it both a fallacy and errour in them , being a just debt which may be demanded by a divine and civil right too , when and where setled by a civil law , though freely to be given to the minister , without coercion or sute of law both in point of conscience , and by way of civil exchange too , out of a civil compact or contract . . this opinion , that tithes were pure almes , and not due to ministers by a divine right jvre jvstitiae ; was first introduced by the friers mendicants , to gain them to themselves , and to exempt themselves and their lands from payment of them ; as * mr. selden proves . therefore to be rejected as antichristian . and thus much in confirmation of the first proposition , and refutation of all arguments i yet know made against it . chap. ii. i now proceed to the proof of the . proposition , wherein the hinge and marrow of the controversie concerning tithes is included . that the maintenance of the ministers of the gospel ( and of places , houses for gods publick worship ) by tithes , glebes , oblations , ( yea by spoyls won in battel by generals , collonels , captains , soldiers , ) is not only lawfull , expedient , but the most fitting , rational , convenient maintenance of all other , warranted by direct precepts , precedents , both before and under the law , which doth no waies abolish , condemn , but approve and confirm this way of maintenance . before ever the levitical or ceremonial law was instituted ; as the godly patriarchs built altars and houses for publick worship unto god , gen. . , . c. . . c. . , . c. . , . c. . : c. . . c. . , , . c. . : & . , , . so they likewise gave tithes to the priests of god. the very law of nature , (z) engraven in their hearts , before any written moral or ceremonial law , dictating thus much to them , that , as there was a god who created them , in whom they lived , moved , and had their being ; so likewise this god was to be solemnly worshipped by them , as well in publick as private ; by way of homage , gratitude , and bounden dutie , psal . . , to . ps : . , , , . isa . . , . acts . , , . which worship of his ( especially when men multiplied into great and many families , villages , cities , kingdoms , republicks ) could not be decently , orderly , constantly performed in publick , without appointing some certain times and places of worship ; a some certain holy persons and priests to discharge the publick duties , solemnities of their worship ; and some convenient certain portion out of their estates for the maintenance , encouragement of those priests in the execution of their office , on which they were to give attendance . upon which grounds , as the patriarchs before the law from the very creation ; ( as b many divines infer from gen : . , . exod : . , to . & . . & . . deut. . . heb. . . ) dedicated every seventh day to gods peculiar worship , by his example and prescription ; so they likewise offered a certain portion of the fruits of their ground , fields , flocks to god in sacrifice , as a tribute due to him , by and from whom they received , enjoyed all the rest they had . whence the scripure expresly records of cain and abel ( the two first-born of the world ) gen : . , , , . that cain being a tiller of the ground , brought of the fruits of the ground an offering to god ; and that abel being a feeder of sheep , he also brought of the firstlings of his flock , and the fat thereof for an offering to the lord ; as most conceive their father adam did before them : by whose precept and example they did it : after them we read , that noah built an altar unto the lord , and took of every clean beast , and of every clean fowl , and offered burnt-offerings on the altar , when he went out of the ark , gen. . . ( which he and his ancestors from the creation in all probability usually practised , though not specially recorded by moses , no more than many other memorable accidents , actions , for brevity sake . ) now these clean beasts and fowls which he sacrificed entring into the ark by sevens : that is , seven of every sort : gen : . , . he offered one of each kind at least ( and so one of seven ) unto god , who consecrated , reserved one day of seven from the creation to himself . what proportion of their goods , abraham , isaac , and jacob offered on their erected altars in sacrifice to god , is not expressed , though probably it was such as god afterwards prescribed the israelites , their posterity , not long after by his written law in moses time , augmented upon any extraordinary emergent occasion , though never diminished from its usual rate . and for the priests encouragement ( directed by the very dictate of nature , reason informing them , that every labourer was worthy of some competent hire , as christ resolves mat. . . luke . . ) they pitched upon c the tenth of their encrease and gains of every kinde , as a competent fitting allowance , guided therein by divine inspiration ( as is most probable , if not infallible ) it being the self-same proportion god himself afterwards prescribed , ratified by his own written law in the old testament , and approved in the new , as i shall manifest by these ensuing scriptures . . that tithes were paid and vowed to god by the religious patriarchs before the aaronical priesthood instituted , or levitical law given , is undeniable by two scripture instances : the first of them is thus recorded , gen : . , , , . that abraham returning victoriously from the slaughter of chederlaomer and the kings that were with him ; melchisedec king of salem met him , and brought forth bread and wine , and he was the priest of the most high god : and he blessed him and said , blessed be abraham of the most high god , poss●ssor of heaven and earth ; and bl●ssed be the most high god , which hath delivered thy enemies into thy hand . and he gave him tenths of all . this history is thus recited and amplified in the new testament , heb. . . & . , &c. jesus , made an high priest for ever after the order of melchisedec king of salem , priest of the most high god , who met abraham returning from the slaughter of the kings and blessed him : to whom abraham gave a tenth part of all ; first being by interpretation , king of righteousness , and after that also king of salem , which is king of peace : without father , without mother , without descent , having neither beginning of dayes , nor end of life , but made like unto the son of god , abideth a priest continually . now consider how great this man was , unto whom even the patriarch abraham gave the tenth of the spoils . and verily , they that are of the sons of levi , who receive the office of the priesthood , have a commandement to take tithes of the people , according to the law , that is , of their brethren , though they come out of the loyns of abraham : but he whose descent is not counted from them , received tithes of abraham , and blessed him that had the promises . and without all contradiction the lisse is blessed of the better . and here men that die receive tithes , but there he [ received them ] of whom it is witnessed that he liveth . and , as i may so say , levi also who receiveth tithes paid tithes in abraham . for he was yet in the loynes of his father , when melchisedec met him . if therefore perfection were by the levitical priesthood , ( for under it the people received the law ) what further need was there , that another priesthood should rise after the order of melchisedec , and not be called after the order of aaron ? for the priesthood being changed , there is of necessity a change also of law , &c. i shall draw my observations , arguments concerning tithes from both these scriptures here recited , and then answer the main ( if not sole ) scripture objected against tithes , drawn from the cloze of the apostles words . . it is undeniable from these texts , that abraham the father of the faithfull , is the first person we precisely read of who gave and paid tithes , recorded both in the old testament and new , for his greater honour , and the imitation of all the faithfull under both testaments . . that he gave and paid tithes to melchisedec , the first priest of the most high god , mentioned in sacred writ . who this melchisedec should be , there is great controversie among the learned ; some affirming him , to be * sem ; others a canaanitish king and priest of that name , and d dr. griffith williams very probably and strongly arguing him to be christ himself then appearing to abraham in his humane shape : as petrus cunaeus held before him . i shall not decide the controversie : certain it is , he was either christ himself , or a real type of christs and his eternal priest-hood ; as the apostle oft resolves . . that he was a priest of a far antienter , better and more excellent order , than the levitical priest-hood ; and that this payment of tithes was long before the law given by moses for payment of tithes to the levitical priests ; and before their order instituted . therefore tithes are not meerly nor originally in their own nature jewish or levitical , ( as some rashly now a verr ) nor eternally abolished as such by christs incarnation , and priesthood , they being originally paid and given , not to the levitical priests , but to m●lchisedec , who was either christ himself , or a type of him and his priesthood , not of aarons . . that this melchisedec , as he had neither beginning of daies , so he had no end of life , but was made like the son of god , and abideth a priest continually ( in (e) respect of the truth he typified ) as christ himself doth , of whom he was a type , who hath an endless life ; and because he continueth ever , hath an unchangeable priest-hood ; and is by the very oath of god , made a priest for ever after the order of melchisedec , heb. . . & . , , , , , , , , . psal . . . therefore tithes being first paid to such an everliving , everlasting , unchangeable priest and priest-hood , for the execution thereof ; may and ought to continue and abide for ever , as long as the priest and priest-hood last : and if so , then tithes are still due , payable to the ministers of christ under the gospel by all the (f) spiritual seed of faithfull abraham , as well as they were by all his sonnes after the flesh to the levitical or aaronical priest-hood whiles in being , and that in the right of christ ; they being ambassadors representing his person , beseeching men in christs stead to be reconciled to god , cor. . , . forgiving men in tho person of christ , cor. . . and in whose persons christ himself still speaks unto men , cor. . . whence christ himself a verres , verily , verily i say unto you , he that receiveth whosoever i send , receiveth me ; and he that receiveth me , receiveth him that sent me : he that heareth you , heareth me ; and he that despiseth you , despiseth me ; and he that despiseth me , despiseth him that sent me , mat. . . luke . . john . . that whatever is given or paid to them for their ministry is given and paid to himself , mat. . . & . , to . and is a sacrifice acceptable , well-pleasing unto god , philip. . . . that abraham gave tithes to melchisedec for the execution of his priestly office ; and that not in offring any carnal or levitical sacrifices to god for him upon an altar , but only for blessing him , and rendring thanks and blessing to the most high god for his victory ; which being one chief part of the ministers of the gospels duty still continuing , even to blesse the people , to praise and blesse god for them , and their successes in spiritual and temporal things , rom. . , , . & . . cor. . , , . & . . cor. . , , . & . , . & . . gal. . . & . . ephes . . , , , , , . & . . to the end , & . , . phil. . , , . & . , . col. . , , , to . & . . thess . . , , . & . . & : , . thess . . , , , . & . , , . & . . tim. . , . heb. . . pet. . , , . & . . pet. . . revel . . , . as likewise to blesse the sacramental bread and wine for their use , cor. . . mat. . . typifyed , as most hold , by the bread and wine melchisedec brought forth to abraham : is a convincing argument to me , that tithes are no way levitical or jewish in their primitive institution , or intrinsecal nature , but rather evangelical ; and are as justly due and payable by all believing sons and children of faithfull abraham , to the ministers of the gospel for blessing them , and praying , blessing , praysing god for them , and other ministerial duties , as they were by abraham to melchisedec , for performing the self-same priestly duties towards him . . that the scope of the apostle in the hebrews , being to prove the honour , dignity , excellency of the order of melchisedecs ( and by consequence of our saviours ) priest-hood above aarons ; he useth this as one demonstration thereof : . that he received tithes of the patriarch abraham himself , heb. . , , to . whereas the levitical priests received tithes only of their brethren , that came out of the loynes of abraham . . that even levi himself who received tithes of his brethren , paid tithes in abraham , ( being then in his fathers loynes ) to melchisedec , as his superior , yea even as the levits under the law paid the tenth of their tithes to the priests , as their superiours , numb : . , , . and this payment of tithes to melchisedec , he recites in the gospel no lesse than five several times one after another , insisting longer on it then on any other argument , to prove the preeminency of melchisedecs priesthood above aarons . whence it undeniably follows , . that tithes are not originally jewish and levitical . . that the receiving of tithes by faithfull ministers now , is no disparagement , but an honour to their ministry and function , as well as to melchisedecs heretofore . . that ministers receiving tithes now , doth no more prove their ministry to be judaical or levitical , than it proved melchisedecs priesthood to be such , which is put in contradistinction to it , and exalted above it by the apostle , even by the very receiving of tithes from abraham . therefore those jesuitical and anabaptistical furies against tithes , who rail against our ministers and their ministry as jewish and aaronical because they receive tithes , and urge this as a disparagement to their persons , ministry , rejecting tith-receiving ministers , as jewish , antichristian , unlawfull , doe herein argue point-blank against the apostle , and thereby conclude melchisedecs ( and by consequence our saviours own priesthood after the order of melchise dec ) to be jewish , antichristian , dishonourable and unlawfull , ( because melchisedec himself received tithes , ) which to do is the highest blasphemy . . that the apostle informs us , that god had never but two orders of priests in the world . the first , after the order of m●lchisedec , in abrahams dayes ; discontinued under the law for a time , but revived again in our saviour christ , and continuing now and for ever in him ; compared here to melchisedec , especially in his nature , the seat of his kingdom , the perpetuity of his life , his sacerdotal blessing , and in the right of receiving tithes ( as hemingius on the place observes . ) the second , after the order of levi and aaron , abolished and changed by christ ; that tithes were paid and belonged of right to both these orders of priests , for the exercise of their function by gods own approbation and appointment ; as a just , fitting , righteous maintenance and reward ; which since they cannot now be paid to christ himself in person , being ascended into heaven , and there sitting at gods right hand , a great high priest for ever after the order of melchisedec ; there is great justice , reason , they should be still paid to , and received by his ministers , whom we have alwaies with us ( as well as the poor ) who are his vicegerents and g stewards , with whom he hath promised to be alwayes present to the end of the world , mat : . . and that as the properest , justest , best , fittest maintenance of all other , appointed , prescribed by god , paid by abraham and all the faithfull by gods direction and approbation , both before and under the law , and is recited , justified , allowed , but no wayes condemned or abrogated by the apostle and gods spirit under the gospel . wherefore those who inconsiderately revile and declaim against tithes as h heavy yokes , jewish burdens , an unequal , unrighteous , wrangling , troublesom maintenance , &c. do herein blasphemously traduce , censure the very wisdom , justice , discretion not only of abraham , and all the faithfull servants of god , approving and paying tithes in former ages , but of god himself who prescribed them , and of the apostle pleading for them , as appertaining to both these orders of gods priests for their perpetual maintenance . . here is one notable observation for all the officers and souldiers of the army seriously to consider ( and o that god would fix it effectually on their spirits ! ) that abraham the father of the faithfull ( as the gospel styles him , rom : . . ) returning victoriously from the first warrs we read of in the world , gave the * tenth of the spoyles taken from the enemy in the warrs , to melchisedec , the first priest of the most high god we finde in the word or world , and an express type of christ , our only high priest , if not christ himself , as some affirm : to teach all generals , officers , souldiers , who professe themselves the sons or children of abraham after the faith , to do the like : and ( which is very considerable ) though this victorious general and souldier was urged by the king of sodom , to take all the spoyl and goods he had taken and rescued from the enemy to himself , and to give him only the persons rescued ; which he magnanimously refused ; saying , i have lift up my hand unto the lord , the most high god , possessor of heaven and earth , that i will not take from a thread even to a shoe-latchet , and that i will not take any thing that was thine , lest thou shouldest say , i have made abraham rich , gen : . , , . ( and o that all commanders , souldiers now , were as conscionable and just in performing their oathes , covenants , vowes , made with hands lifted up unto the lord , as faithfull abraham was ! ) yet he would not renounce , nor give away gods and the priests portion upon any condition ; but gave the tenth of all the spoyl to them , restoring only the surplusage . and should not our generals , officers , souldiers , in these dayes ( who professe and style themselves , the eminentest , most precious saints , and spiritual seed of faithfull abraham ) more really prove themselves such indeed , to god , the world , and their own consciences , by giving the tenth of all their spoils and gains of warres to god and his faithfull ministers ( which i never heard one of them yet did ) and making good all their solemn oathes and covenants to god , ( whereof this was one clause ; i that they shall sincerely , really , and constantly endeavour in their several places and callings , the preservation of the reformed religion , from utter ruine and destruction , against all the treacheries and bloudy plots , conspiracies , attempts and practices of the enemies thereof ; whereof this in present agitation to deprive our ministers of all tithes and setled maintenance , is one of the principal , which will ruine our ministers , ministry and religion with them ) as faithfull abraham really did ; rather than by endevouring what they can ( as too many of them do ) to spoyl them of all their tithes , both predial , mixt and personal , which they have so long enjoyed , not only by a just , civil right and title , confirmed by prescription , the great charter , all sorts of lawes , statutes , ordinances in antient and late times , but likewise by a divine warrant , from this precedent of abraham , instead of giving them the tenth of their spoyls ? which practice , if pursued , as it will insallibly demonstrate them to be no real saints . or children of faithfull abraham ( our saviour resolving , joh. . . if ye were abrahams children , ye would do the works of abraham , in paying tithes as he did ) so it will probably exclude both them , and others guilty of it , out of abrahams bosome , luke . . who will never own nor receive those as his friends or children into his bosome , who are such virulent enemies to his most commendable practice , of paying tithes even of the very spoyls he took in warr. with this argument i have so routed some officers and souldiers , that they blushed for shame ; had not one word to reply , and gave over further rayling discourses against tithes , as men quite confounded , and i hope it will have the self-same effect in all others , when they have well advised on it . that they may have no evasion from the dint thereof , i shall answer all cavils i know of to elude it . the . evasion is this , that this precedent of abraham in giving the tenth of the spoyls of warr is singular and voluntary , not obliging other souldiers to doe the like , or to devote any of their spoyls to god and his service . to this i answer , . that this practice and precedent of abraham , so transcendently eminent for his faith in the old and new testament , in both which it is recorded ; was undoubtedly written for our imitation and instruction , to do the like , as may be evidenced from job . . . cor. . . rom. . . thess . . , . heb. . . thess . . . the rather , because the apostle heb. . . commands us , to be followers of those who through faith and patience inherit the promises ; and then presently after instanceth in abraham , and fals upon his practice of paying tithes of the spoyl to melchisedec . therefore all christian , generals , officers , souldiers must follow him in paying tithes of all their spoyls , as well as in faith and patience ; his precedent , having been the original impulsive ground of all tithes vowed or paid to gods priests or ministers ever since , and of gods subsequent commands to abrahams posterity , to pay tithes to the priests and levites under the law , as the apostle insinuates , heb. . , , , . compared together ; and of all laws , canons since enacted by christian kings and councils for due payment of tithes to ministers of the gospel in christian realms and republicks . . i answer , that this practice of his was frequently pursued by generals , officers and souldiers , in succeeding ages , of which we have very memorable precedents in scripture , wherewith i have shamed and confounded souldiers in discourses with them about tithes . it is specially recorded num. . that when the . officers and souldiers of the israelites under the conduct of phinehas , returned from the slaughter of the midianites with an extraordinary great booty of all sorts ; god gave a special charge , to levy a tribute unto the lord of the men of warr that went out to battel , and to give it to eleazar the priest for an heave-offering of the lord ( which kind of offerings was aarons and his sonnes for ever , from the children of israel , as a due wages for their service , exod. . , . levit. . , , . numb . . , , . deut. . . and is coupled with tithes as being of the same nature , in the two last of these scriptures ) which tribute was accordingly levyed : and because the prey was first equally divided between them who took the warr upon them , and went out to battel ; and between all the congregation , which had the other moity of it ; god out of the souldiers moity ( the prey being very great ) reserved onely one of five hundred out of the captives , beeves , asses and sheep , for the priests , which were but few ; and one of every fifty for the levites , of the peoples moity ; the priests share amounting to . sheep , . oxen , . asses , . captives ; and the levites share to tenne times so many . after which tribute levyed , v. , . the officers which were over thousands of the host , the captaines of thousands and captaines of hundreds brought an oblation , to the lord , what every man had gotten of iewels of gold , chaines and bracelets , kings , ear-rings and tablets to make an atonement for their souls before the lord , amounting to sixteen thousand seven hundred and fifty shekels , ( every (k) shekel weighing half an ounce ) which eleazer the priest took of the captains of thousands , and of hundreds , and brought it into the tabernacle of the congregation for a memorial of the children of israel before the lord , numb . . , to the end . here were self-denying saint-like officers , colonels and captains indeed , after all the former deductions and tributes out of their spoyl , to bring to the priest , and offer up to god all their jewels of gold , chains , bracelets , rings , ear-rings , tablets and richest plunder they had gotten in the warrs , for the maintenance of his worship ; when our officers , colonels , captains , souldiers shall do the like , and pay a tribute of the best of their spoyls to our ministers , as these by gods command did to the priests and levites , not purchasing church-lands and revenues with them , (l) devoted to the augmentation of our ministers small stipends ; we shall cry them up for self-denying saints and souldiers indeed ; and say , they are no self-seekers . if this scripture precedent be not enough , behold a whole cloud of precedents , imitating them and faithfull abraham , recorded , united in one memorable text seldome read or taken notice of , chron. . , , . which shelomith and his brethren , were over all the treasures of the dedicated things , which david the king , and the chief fathers , the captains over thousands and hundreds , and the captains of the host , had dedicated : out of the spoyls won in battels did they dedicate to maintain the house of the lord ( mark and imitate it o ye army-officers , captains , souldiers ! ) and all that samuel the seer , and saul the son of kish , and abner the son of ner , and joab the son of zerviah had dedicated , was under the hand of shelomith and his brethren . here we have examples of all sorts and sizes for our army-officers and souldiers imitation . . we have david , a victorious warrier , general , king , and (m) man of god , after gods own heart , dedicating the treasures & spoyls he took from his enemies in battels , to the house and service of god ; thus more specially recorded for his honour and others practice ; sam. . , . and tol sent joram his son to king david to salute him , and to blesse him , because he had fought against hadadezer and smitten him , and brought with him vessels of gold , and vessels of silver , and vessels of brasse , which also king david did dedicate to the lord , with the silver and gold that he had dedicate of all nations which he subdued : of syria , and of moab , and of the children of ammon , and of the philistines , and of amalek , and of the spoyls of hadadezer son of rehob king of zobah . recorded again in chron. . , to . with this addition . and david took the shields of gold which were on the servants of hadadezer , and brought them to jerusalem . likewise from tibhath and from chun cities of hadadezer brought david very much brass , wherewith solomon made the brazen sea , and the pillars of the vessels of brasse . what the value of the spoyls which he dedicated to god and his service amounted to , himself records , chron : . . now behold in my trouble i have prepared for the house of the lord an hundred thousand talents of gold , and a thousand talents of silver , and of brasse and iron in aboundance without weight : besides what he dedicated out of his own proper estate , registred in chron. . , . . we have joab (n) davids captain general , the captains over thousands and hundreds , and the captains of the army , dedicating out of the spoyls won in battels to the service of the house of the lord : ( and that in a liberal proportion ) even five thousand talents of gold , and ten thousand drams ; and of silver ten thousand talents , and of brasse talents , and one hundred thousand talents of iron , besides precious stones , all which they offered willingly with a perfect heart unto the lord , rejoycing with great joy they had done it , chron. . , , , . when our generals , officers , collonels , captains and souldiers of the army shall imitate king david and his generals , colonels , captains , officers , souldiers in such a liberal contribution of the jewels , gold , silver , brasse , iron and spoyls they have won in battels , at home and from other nations , to repair or build houses for gods publick worship , and maintain the ministers of the gospel , in stead of seeking to demolish and spoyl those stately edifices which our pious ancestors have erected for that purpose , and breaking down the carved work thereof with axes and hammers ; of which david much complaineth , psal . . , , , , , , . and in lieu of endevouring to devest our ministers of their remaining lands , tithes , glebes not yet devoured ; all the world will proclaim them , men after gods own heart , and men of god in truth , like david , and give over censuring them for sacrilegious harpyes , as yet more like to zeba and zalmunna , who said , let us take to our selves the houses of god in possession , ( as david himself objects against them , psal . . , . ) than to david , or his officers , captains , souldiers . . here is samuel the seer , doing the like , out of his spoyls won in battel : a precedent for all those souldiers who will be seers , speakers , and new-lights , to imitate . . if these good mens examples be neglected , yet let the precedents of bad men annexed to them shame and excite others to this duty : here is saul the son of kish , much talked of and reviled now by many for a tyrant , the very first king given to gods people in anger , and taken from them in wrath , as these object , from hos . . . ( which i conceive rather to be meant of jeroboam the idolatrous usurper , who made israel to sin ; as judicious interpreters prove , by the chron. . . compared with kings . , to . and the context likewise , which makes mention of the israelites idolatry in kissing the calves erected by jeroboam ; and speaks only of the kingdom of israel , as divided from that of juhah after sauls , davids , and solomons death ) yet he as bad as they make him , together with abner (o) his chief captain ( none of the best of men , as sam. . , . discovers ) had so much piety , zeal , religion in them , as likewise to dedicate part of their richest spoyls of warr to the maintenance of gods house and worship . and will it not be a great dishonour to those generals , officers , colonels , captains , who now pretend themselves the holiest , justest , zealousest saints , not to be as bountifull towards the maintenance of gods house and worship , out of their spoyls , as saul , or abner , whom they brand for tyrants and ungodly wicked men ? if these precedents be ineffectual to work upon any covetous or sacrilegious sword-men , let them reflect upon others , who were idolaters , how near they came , in their way , to imitate abraham , david and these forecited warriers . when nebuchadnezzar king of babylon had taken jerusalem , ransacked and burnt the glorious temple there , towards which david and his captains contributed so largely out of their spoyls , he had so much piety and natural religion in him ; as to dedicate all the vessels of silver and gold , which he took out of the house of god , to the honour and service of his idol-gods , and put them in the temple at babylon , in the house of his gods , not converting them to his private or publick treasury , chron. . , . king. . . ezra . . . which vessels afterwards being brought forth thence , and profanely caroused in by belshazzar and his princes , at his great feast , wherein he praysed the gods of gold , and silver , of brasse , of iron , of wood , and of stone ; you may read what fatal judgement presently befell him , to the losse of his life and kingdome , dan. . these vessels though a just and lawfull spoyl won by wars , cyrus king of persia brought forth out of the house of his gods , where nebuchadnezzar had put them , by the hand of mithredah his treasurer , and numbred them unto sheshbazzar the prince of judah , when he proclaimed liberty , and gave order to the israelites to rebuild the house of the lord god of israel in jerusalem ; and this is the number of them , thirty chargers of gold , a thousand chargers of silver , nine and twenty knives , thirty basons of gold , silver basons of a second sort four hundred and ten , and other vessels a thousand : all the vessels of gold and silver were five thousand and four hundred : all these did sheshbazzar bring with him from babylon to jerusalem for the use and service of god in the temple there : all these did cyrus a heathen king freely and chearfully restore , dedicate to god and his temple by a decree , ezra . . to the end . o when will our army-saints part with so many gold and silver vessels to gods house out of their spoyls and plunders ? this decree was afterwards confirmed by king darius and artaxerxes his successors , ezra . . ch . , , . & . , to . these kings with their princes and chief officers also , freely offered , dedicated silver and gold , besides these vessels , amounting to a great value , towards the re-edifying of the temple , and maintenance of the worship , priests of god therein . moreover , king artaxerxes made this decree concerning these vessels ; the vessels also that are given thee for the service of the house of thy god , those deliver thou before the god of jerusalem ; and whatsoever more shall be needfull for the house of thy god bestow it out of the kings treasure-house : adding this further decree ; to all the treasurers beyond the river ; whatsoever ezra the priest shall require of you , let it be done speedily ; unto an hundred talents of silver , and to an hundred measures of wheat , and to an hundred bathes of wine , and to an hundred bathes of oyl , salt without prescribing measure : whatsoever is commanded by the god of heaven , let it be diligently done for the house of the god of heaven ; for why should there be wrath against the realme of the king and his sons ? also we certifie you , that touching any of the priests and levites , singers , porters , nethinims or ministers of this house of god it shall not be lawfull to impose toll , tribute or custom upon them : and whosoever will not do the law of god and the law of the king , let judgement be executed speedily upon him , whether it be unto death , or unto banishment , or to confiscation of goods , or to imprisonment ; ezra . , to . the decree of cyrus and darius , concerning the building of the temple , and restitution of these vessels , is very remarkable , and thus recorded , ezra . , to . let the house be builded , the place where they offered sacrifices , and let the foundation thereof be strongly laid , the height thereof threescore cubits , and the breadth thereof threescore cubits ; with three rows of great stones , and a row of new tamber ; and let the expences be given out of the kings house and also , let the golden and silver vessels of the house of god , which nebuchadnezzar took forth out of the temple which is at jerusalem , and brought unto babylon , he restored and brought again into the temple which is at jerusalem , every one to his place , and place them in the house of god. now therefore tatnai governour beyond the river , shetharboznai and your companions the apharsachites which are beyond the river , be ye far from thence : let the work of the house of god alone , let the governours and the elders of the jewes , build the house of god in his place . moreover , i make a decree , what ye shall do to the elders of these jewes , for the building of this house of god ; that of the kings goods even of the tribute beyond the river , forthwith expences be given unto these men , that they be not hindred . and that which they shall have need of both young bullocks , and rams , and lambs , for the burnt offerings of the god of heaven , wheat , salt , wine , oyl , according to the appointment of the priests which are at jerusalem , let it be given from day to day without fail ; that they may offer sacrifices of sweet savour unto the god of heaven , and pray for the life of the king and his sons . also i have made a decree , that whosoever shall alter this word , let timber be pulled down from his house , and being set up , let him be hanged thereon , and let his house be made a dunghill for this . and the god that hath caused his name to dwell there , destroy all kings and people that shall put to their hand to alter and destroy the house of god , which is at jerusalem : i darius have made a decree , let it be done with speed . if these three heathen kings and conquerors were so zealous to restore all the vessels of gold and silver , taken by their predecessors in their wars , amounting to so great a number , value , to the house of god at jerusalem ; to contribute so liberally towards the re-edifying of it out of their own tributes , treasures , revenues won by war and conquest ; to allow them bullocks , rams , lambs , wheat , wine , oyl , salt , and all other necessaries for daily sacrifices ; to furnish the priests and levites with all necessaries ; yea particularly to exempt them and all the officers of the temple from paying any toll , tribute , tax or custom , which it was not lawfull for any officer to lay upon them , under the severest penalties , and to enact such severe lawes , to passe such bitter imprecations against all such as should oppose or hinder the work , or seek to destroy or deface the temple of god : oh how should this inflame all our generals , officers , souldiers , who professe themselves the choysest christians , and eminentest saints , to imitate and equal them in all these particulars now ? elsehow will they shame , confound and rise up in judgement at last against all such of them and all other plunderers who in stead of restoring all the gold , silver vessels , lead , iron , timber , stones , they have taken from the temples of god , of repairing those churches they have demolished , defaced , of providing necessaries for gods worship , and exempting his ministers from toll , tribute , taxes , custom , endevour to make a prey and spoyl of all our churches , chapels , church-vessels , ornaments , glebes , yet remaining , and oppresse our ministers with endlesse taxes , tributes imposed on them without their consents against all former lawes , and precedents to their utter ruine ; and in stead of paying them the tenths of their own lands and spoyls of war , endevour to spoyl them of those tithes which all others owe or pay them ? of whom hemingius thus complains in his commentary on gal. . . p. . quid dicemus de illis , qui ministros evangelii necessario victu spoliant ? quid de illis qui immoderatis eractionibus tantum non eos interficiunt , ut multi honesti mariti cum si is uxoribus et liberis cogantur quodammodo mendicare ? horam sane factum nihil differre arbitror a sacrilegio & latrocinio , cujus poenas olim cluent architecti et fabri hujus mali . to these scripture precedents of heathen warriers , i might adde the practice of many idolatrous pagan nations ( as the romans , graecians , crotonians , phocians , athenians , carthaginians ) who by the very law , dictate of nature , and example of abraham , gave the tenth of their warlike spoils to their idol-gods and priests ; which because mr. selden recites at large in his history of tithes , ch . . . & review , c. . . & alexander ab alexandro gen dierum , l. . c. . where all may peruse them , i shall only give you the summ of them in learned grotius his words , in his book de jure belli & pacis , l. . c. . sect : . p. . by this law of nature abraham , out of the spoyls which he had taken from the five kings , gave a tenth to god , as the divine author to the hebrews , c. . . explains the history extant in gen. . by which custom the grecians also , with the carthaginians and romans , diis suis decimam de praeda sacraverunt , consecrated a tenth of the prey , or spoyl , to their gods , as to apollo , hercules , iove . and should not christian generals , officers , captains , souldiers then much more doe it now , to god and his ministers , from this precedent of father abraham , instead of robbing them of their tithes ? if any should object , that these were old testament , and heathen practices ; let them remember , that abrahams is more particularly related and frequently mentioned in the new testament than old ; the old relating in general , that he gave tithes of all ; ( which relates to all his substance , as well as spoyls ) and the new testament applying this general to the tenth of the spoyls , heb. . . as * mr. selden , grotius , and others observe . but to hedge up this starting-hole so as none may creep out of it ; we have one memorable precedent in the new testament , coming very near to this of abraham , luke . , to . where we read of a certain centurion ( or collonel ) a man of no small authority , who had souldiers under him ; and said unto one goe , and he goeth ; and to another , come , and he cometh ; and to his servant , do this , and he doth it : this centurions servant , who was dear unto him , being sick and ready to die , when he heard of the fame of jesus , he sent unto him the elders of the jews , beseeching him that he would come and heal his servant : and when they came to jesus they besought him instantly , saying , that he was worthy for whom he should do this : ( and why so ? ) for he loveth our nation , and hath built us a synagogue : whereupon jesus went with them , and healed his servant ; marvelling at the centurions words , and turning about , and saying unto the people that followed him , i have not found so great faith , no not in israel . this great centurion and commander was no jew , but a gentile , one who but newly heard of christs name and same ; yet he had so much piety and bounty , as out of his very spoyls and gains of warre ( for we read of no other lands or gains he had ) to build a synagogue for gods worship ; which the elders of the jews , and christ too , approved as a worthy act , and a sufficient inducement for our saviour to go with him and cure his servant . o that all our centurions who have souldiers under them , and exceed or equal him in command , would imitate and equal this gospel centurion , in his pious munificence in building , in stead of contriving how to deface temples , churches , synagogues , to abolish tithes , ingrosse church lands and livings into their own hands ; then should they receive as large encomiums of the reality and transcendency of their faith , piety , charity from men , as he did from our saviour , and the elders of the jews , for building this new synagogue . i shall only adde , for our souldiers , officers better information ; that from this example of abraham , approved in the new testament , both divines , councils , canonists , and casuists , have unanimously resolved , that souldiers ought to pay personal tithes to ministers out of their very militia , pay , and spoyls of warr. this was * st. augustines doctrine , de militia , de negotio , de artificio redde decimas : recited , practised , and long prescribed here in england , in the excerptions of egbert archbishop of yorke a about the year of our lord , . repeated , confirmed by gratian in his decrees , causa . qu. . f. , ; by all the canonists , glossers on his text : by angelus de clavasio , in his summa angelica , tit. decima : by hostiensis , summa rosella , and other summists , casuists , in their titles of tithes , and ratifyed by the synod of lingon , an. . apud bochellum , decret : ecclesiae gallicanae , lib. . tit. . c. . p. . this many excellent christian commanders , officers , souldiers have in several ages performed , as histories record . i shall ( for brevity ) instance but in one domestick example , and that a memorable one , king william the first ( whom we usually style the conqueror , though he never claimed the crown by conquest , but b only by the last will , testament and donation of king edward the confessor in his life-time , with the assent of his nobles ( who was educated with , preserved by him , during his exile and seclusion from the crown by the danish usurpers ) and as cousin and heir to edward the confessor , as he stiled himself in the very c title of his laws : he having vanquished and slain the perjured vsurper harold ( who set the crown upon his own head , and made himself king without any title or due election , against his solemn oath to duke william , made to him in normandy , which he pretended to be forced ; ) in d thankfulnesse to god for this his victory , whereby he gained possession of the crown ; out of the spoyls and gains of his warr , erected a magnificent church and abbey , to the glory of god and st. martin ( which he called de bello , or battel abbey ) in that very place where harold was slain , and this battel fought ; which likewise he endowed with large possessions , tithes and most ample privileges by his charter , and therein offered up to god his sword , and the royal robe which he ware the day of his coronation , there reserved as a monument as well of his piety as victory . after which this pretended conqueror e in the fourth year of his reign by the counsel of his barons , through all the counties of england caused . men of the most noble , wise and skilfullest in the law , to be summoned out of every shire , that he might learn their laws and customs from them ; and gave them this oath , that proceeding in a right path , without declining to the right hand or the left , to the best of their power , they should make known to him the customs and sanctions of their lawes , pretermitting nothing , adding nothing , and altering nothing in them by prevarication : which they accordingly performing ; and king william intending to alter the law only in one particular according to the lawes of norway , from whence he and his normans descended ; all the barons and grand english enquest who presented him their laws on oath , being much grieved at it , unanimously besought him , that he would permit them to enjoy their proper laws and antient customs under which their fathers lived , and themselves had been born and educated , because they deemed it very hard for them to receive unknown lawes , and to judge of those things they knew not , importunately beseeching him for the soul of k. edward ( who had granted to him the crown and kingdom after his death , and whose lawes they were ) that hee would not compell them to persevere under the lawes of any foreiners , but their own country laws alone . wherefore the king taking advice , consented to the request of his barons , confirming all their lawes and customs in parliament without any alteration or diminution , as they presented them . whereof this is the very first law concerning the preservation of the churches rights , and scholars from rapine . f every clergy-man , and likewise all scholars , and all their goods and possessions , wheresoever they are , shall enjoy the peace of god and of holy church , free from all forfeiture , and seisure ; and if any shall lay hands on that which mother church shall require , let him restore that which hee shall take away , and likewise one hundred shillings in the name of a forfeiture , if it be from an abbey , or church of religion ; and twenty shillings if it be from a mother parish church ; and ten shillings if it be from a chapel . after g which follow . other lawes concerning the churches peace and privileges ; and then these two laws concerning tithes . of the tithes of the church . of all corn the tenth sheaf is given to god , and therefore to be paid . if any shall have a herd of mares , let him pay the tenth colt ; he who shall have only one or two , let him pay a penny for every colt . likewise he who shall have many kine , let him pay the tenth calf ; he who shall have but one or two , let him pay a penny for every calf : and he who shall make cheese , let him give the tenth to god , and if he shall make none , the milk every tenth day : likewise the tenth lamb , the tenth fleece , the tenth butter , the tenth pig. of bees and all lesser tithes . in like manner also of bees , the tenth of the profit , and also of wood , of meadows , waters and mills , and ponds , and fishings , and copses , and orchards , and gardens , and negotiations ; ( wherein souldiery and all other professions are included ) and all things which the lord shall give the tenth part is to be tendred to him who giveth the nine parts together with the tenth : and he who shall detain it shall be compelled to render it by the iustice of the bishop , and of the king if néed be : for these things st. augustine hath preached and taught , and these things are granted by the kings and barons and people . but afterward ( let our tith-oppugners , and detainers mark who is their original tutor ) by the instinct of the devil , many have detained tithes ; and rich negligent priests do not care to prosecute them , because they had sufficient necessaries for their life ; for in many places now there are three or four churches , where at that time was only one , and so they began to be diminished . this is that william the conquerour , whom our officers , souldiers ( with the levellers and anabaptists ) most virulently reproach and rail against in their discourses , and silly ignorant scurrilous (h) pamphlets , for an invader , vsurper , robber , tyrant and subverter of our native lawes and liberties , &c. when as he claimed the crown onely by gist and title , confirmed all our antient lawes , liberties , civil and ecclesiastical , without any alteration or diminution ; put never a noble man but one , or other person to death who rebelled or took up armes against him all his reign , but such who were actually slain in battel ; was the gallantest souldier , and best justiciary of any in his age ( as some (i) historians then living attest ) and not only much devoted to religion , daily frequenting the church both morning and evening , but likewise very industrious and bountiful to promote it ; honouring and richly endowing the clergy that lived according to their rule and profession , but being very rough and hard-hearted to the licentious and scandalous , degrading his own vnkle malgerius archbishop of rhoan , and many english bishops for their dissolute lives ; founding no lesse then three churches and abbies of chief note ( whereof that of battel . was one ) endowing them with large poss●ssions and privileges ( according to the piety of those times ) out of his conquests , and confirming all the clergies tithes , rights , privileges by the recited lawes . if those officers , souldiers , who now pretend themselves conquerors , and us a conquered ( or rather cousened ) nation , will really imitate his justice , piety , bounty , in these recited particulars ; no man will thenceforth bestow on them such reproachfull termes , of invaders , vsurpers , robbers , tyrants , subverters of our lawes , liberties , &c. as they do usually on this first norman king ; but repute them real saints , patrons of religion , ministers and the church , yea sons of faithfull abraham , who gave the tenth of the spoyls of war to god ; whose example , with all the rest here recited , in justice , conscience rather oblige them to imitate his and their footsteps ( as the premises ; evidence ) than to spoyl our ministers , churches of their tithes and materials . and so much in answer of the first evasion , respecting our army-officers and souldiers only . the second evasion of abrahams precedent , is made by country farmers , tradesmen , and their advocates : who allege , that abraham gave the tenth only of his spoyls gained in war to m●lchisedec , but not of his corn , wine , cattel and other goods ; therefore this example bindes only souldiers to pay personal , but not them or any others to pay any such predial , mixt or personal tithes , as now they do by coercive lawes and ordinances , against law and gospel , as they pretend . to which i answer , . that the expresse words of moses , gen. . . are : and he gave him tithes of all. which being universal , not confined by him to the spoyls taken in war , must be taken and intended in the * largest sense , that is , of all his substance , or encrease , as well as of the spoyls then won : as the syriack and arabick translations , solomon jarchi and others interpret it . . the apostle reciting the history heb. . . useth the self-same general expression : to whom also abraham gave a tenth part of all , without restraining it to the spoyls of war : which must be intended in the best and liberalest sense , for tithes of all his substance and gain , being mentioned both to expresse his piety and bounty . true it is , the apostle in the . verse useth this expression , vnto whom the patriarch abraham gave the tenth of the spoyls ; which * some oppugners of tithes , would have to be the interpretation of the two former universal phrases ; tithes of all : but the spoyls being not abrahams all , nor in truth any part thereof , he refusing so much as to take a thred or shoe-latchet thereof to his own use , gen. . , . and the word all , being not so much as once used in the latter clause , which recites , he gave the tenth of the ( not all the ) spoyls ; and the two first general expressions , necessarily including in them the tenth of the spoyls ; i conceive the latter expression is rather a particular specification of one memorable thing he paid tithes of in a new case not formerly happening , even of the spoyls taken in this first battel he ever waged , or any other that we read of ( included in the general ) rather than a full comprehensive exposition of all that is or was intended , by the tenth , or tithes of all , in the two precedent texts . . it is most probable , that abraham paid tithes of all his own substance to melchisedec , as well as of the spoyls ; there being the self-same , if not a stronger ground , for him to pay tithes of all his other goods , encrease , as of these casual spoyls , out of which no constant maintenance could be raised for any pastor , or minister , as there might be out of the tithes of his cattel and substance encreasing every year . now tithes being intended for the priests and ministers constant maintenance by god and man , and this precedent of abraham , recorded for that end ; we cannot without an absurdity , restrain his paying tithes of all , only to the spoyls then , and then only unexpectedly gained from the enemy by abraham , and restored by him to the right owners , the tenths of them only excepted ; but , of the tithes of all his substance principally , whence a constant livelihood for the priest could only arise , and of the spoyls of warr only by reason of his occasional meeting of abraham then returning from the warrs , and blessing him at that time . . this president of his , was in all probability , the ground of gods appointing tithes , by a special law , for all the priests and levites maintenance amongst the israelites , abrahams posterity , and the apostle intimates as much , heb. . , , , , , &c. that they receive tithes of their brethren in the same manner by the law , as melchisedec did of their father abraham . now they received tithes of corn , wine , oyl , cattel , all sorts of herbs and fruits , for their standing maintenance and inheritance too ; num. . , to the end , levit . . , , , , . deut. . , . therefore it is most probable , if not infallible , that abraham paid tithes to melchisedec of all those things which the levites and priests afterward received from their brethren , not of the spoyls alone , out of which no certain maintenance could be raised , not specified therefore in those general precepts concerning tithes . . the apostle arguing the natural justice of ministers maintenance , rom. . . and cor. . . useth this expression . if we have sowen unto you spiritual things ( in the plural number ) is it a great matter if we shall reap your carnal things , in the plural number too ; and such things as seem commonly to grow and multiply ; as the word reap imports . and gal. . . he useth this general precept , let him that is taught in the word , communicate to him that teacheth in all good things : therefore to restrain abrahams giving tithes of all , only to the spoyls , and not to all his carnal and good things , is a very improper exposition , dissonant from the scope and sense of these parallel texts , which seem aptly to interpret it . . the very pharisee in the gospel , boasting of his justice and piety , used this expression , parallel with that of abraham , luke . . i give tithes of all that i possesse ; and to confine abrahams giving tithes of all , to the tithes only of the spoils , and not to extend it , with the pharisee , to all that he poss●ssed besides , is to make this father of the faithful , less righteous , liberal , devout than this hypocritical pharisie . . that which seems to put all our of question , is the parallel text of gen. . , , . where jacob after his travelling vision , makes this vow to god , even before the levitical law for tithes ; if god will be with me , so that i come again to my fathers house in peace ; then shall the lord be my god , and this stone which i have set up for a pillar , shall be gods house : and of all that thou shalt give me , i will surely ( without diminution , substraction , or failing ) give the tenth unto thée : whence should godly jacob take his pattern of surely giving the tenth of all ( not of spoils alone ) that god should give him , unto god , but from the practice of his grand-father abraham , who gave m●lchisedec the tenth of all god gave him , as well as of the spoils ? honouring god with all his substance and increase : according to that precept of solomon ( having relation to his practice and this vow of jacobs ) prov. . . honour the lord with thy substance , and with the first fruits of all thy increase . and so much in refutation of this second evasion , which some armed men much urge . the third objection , which some would make fatal to all tithes under the gospel , is from the close of the apostles forecited words : heb. . . for the priesthood being changed , there is also a necessity of a change of the law , &c. from whence william thorp , ( one of our martyrs ) thus reasoned against tithes , and others now , k saint paul saith , that tithes were given in the old law to levites and to priests , that came of the linage of levi ; but our priests come not of the linage of levi , but of juda , to which juda no tithes were promised to be given : and therefore paul saith , since the priesthood is changed from the generation of levi to juda , its necessary that changing also be made of the law : so that priests must live now without tithes and other dues that they claim , following christ and his apostles in wilfull poverty , as they have given them example . i answer . that the apostle in this , and the three following chapters , concludes and proves by sundry arguments , that the levitical priesthood and the ceremonial law , given the people under moses ( the l covenant of this priesthood ) were both changed and abolished by christ , and his everlasting priesthood , shadowed to us by them ; and by consequence the maintenance of the levitical priests by sacrifices offered by them at the altar , by first fruits and tithes themselves , so far as they were ceremonial , prescribed by the ceremonial law , for the maintenance only of these abolished levitical priests and levites ; which is all this scripture proves , when pressed to the uttermost . but can any rational man hence conclude , the levitical priesthood , the ceremonial law , and all the tithes , maintenance due to the jewish priests and levites by this law are abolished by christ , a priest for ever after after the order of melchisedec , to whom tithes were due and paid by abraham , before this law and priesthood instituted : therefore all tithes , maintenance due and paid to melchisedec , ( and in him to christ , and the ministers of the gospel under him ) are eternally abolished as jewish and levitical ? surely this is a mad inference , both besides and against this text ; from which all orthodox protestant commentators , as well as papist and jesuites , conclude the quite contrary , and learned nicholas hemingius in his commentary on it , p. . thus determines , it is subjoyned , that melchisedec received tithes from abraham , which tithes abraham verily gave of his own accord , following without doubt the custome of conquerors ( let our conquering officers , souldiers observe and do the like ) who were wont to consecrate the tenths of their spoyls to their gods , or to give them to their priests . but this collation of tithes , * multo meliori jure christo sacerdoti debetur ; is due by much better right to christ our priest ; who as he gives all things to us out of méer bounty ; ita vicissim illi non solum decimas , verum etiam omnia nostra debemus ; so we owe to him again , not only tithes ▪ but likewise all we have . whether the objectors or hemingius speak most gospel divinity and reason from this text , let every christians conscience judge . . the apostles words concerning the change and abrogation of the ceremonial law , have no coherence with or relation to the precedent discourse , concerning payment of tithes to melchisedec and the levites ; recited only to prove the dignity and excellency of melchisedecs priesthood above aarons ; and of the levitical priests and levites above their brethren , from whom they received tithes . the force of the argument , reduced into a logical form , being thus . he who receives tithes for the execution of his priestly office , is better and greater tha● he who payes tithes ; but the patriarch abraham himself , the very father of the faithfull , and prince of the fathers , paid tithes to melchisedec ; and likewise the levitical priests ( then in his loyns ) in and by him ; who yet receive tithe of their brethren , but not of their father abraham or melchisedec : therefore melchisedec is better and greater than abraham and them , and they than their brethren who paid them tithes . and by consequence , christ being a priest for ever after the order of melchisedec , who was but a type of him , must be better and greater than abraham , ( joh. . , . ) or the levitical priests , or than melchisdec himself , who did but typifie him . this excellency and precedency of christs priesthood before aarons , he proves by other arguments drawn from melchisedec , not pertinent to our present businesse ; after which he largely argues the change and abolition of the levitical law and priesthood by christ , ( a theam of a different nature from the former ) to which the objected words refer ; therefore the total and final abolishing of all tithes , to which these words have no relation , can never be inforced from them ; being ratifyed by the former clause , as appurtenances to christs everlasting priesthood , as well as to melchisedecs ; therefore as due to his ministers under the gospel , as to any priests and levites under the law , which were likewise types of christ , the true high priest , expiring at and by his death . . the priests and levites under the law had cities , glebes , houses setled on them for their habitation , families , cattel , as well as tithes , by the ceremonial law , for their better maintenance , accommodation ; and that in a large proportion , lev. . , , . num. . , to . josh . . , to . chr. . , to the end , ch . . , to . chr. . , . ezra . . neh. . . ch . . . ezec. . , to . ch . . , , to . if then this text proves the total abolition of all our ministers tithes , root and branch , as jewish and antichristian ; as some impudent scriblers and petitioners against them , now affirm : it likewise proves the abolition of all their rectories , glebes , houses likewise , as well as of their tithes , as jewish and antichristian : and so ministers of the gospel now shall neither have tithes nor glebes to support and feed them , their families and cattel ; nor yet so much as an house wherein to lodge and put their heads ; and be inforced to complain as our saviour once did of his forlorn condition , mat. . . and luke . . the foxes have holes , and the birds of the air have nests , but the son of man hath not where to lay his head . a condition to which some jesuitical , anabaptistical , athiestical , uncharitable beasts of prey , worse than any foxes or harpies , would now gladly reduce all our faithful ministers and their families , whiles some of them lord it , and lodge themselves in our kings , princes , bishops , deans and chapters new acquired royal palaces , and not content therewith , would spoyl all our ministers of their more contemptible glebes , rectories , tithes , to enrich themselves and their posterities , and make our ministers like our saviour in his voluntary poverty , both houseless and harborless . they may with as much justice ( like the hard-hearted bloudy jews , souldiers ) even m crucifie them on crosses , between such thieves as themselves , to make them like our saviour , even in his voluntary sufferings ; as part their glebes , lands , rectories , tithes among them , and cast lots upon their vestures , even before their death , when as the souldiers who crucified our saviour , did not part his raiment amongst them , nor cast lots on his vesture till after his crucifixion by them , * there being as much authority , conscience , law , justice , reason for the one , as other : seeing none by any laws can lose or forfeit their lands , livelihood , but such who first forfeit their lives to publick justice . . the israelites were enjoyned by the levitical law , deut. . , , . ch . . , , , . to harbour , entertain the priests , and levites within their gates , and not to forsake them so long as they should live upon the earth , but freely to permit and invite them to come , eat , drink , feast , rejoyce , and be satisfied with them and their families before the lord ; as well as to pay them tithes . but this law ( as they argue ) is now abolished by christ with the priesthood ; therefore when our ministers are stript of all their tithes , glebes , rectories , houses , maintenance by our new reformadoes ; it must be jewish and antichristian for them or any others so much as to lodge , entertain , or give them any thing to eat or drink within their gates , or so much as to admit , invite them to a feast , or meal within their houses ; and then they , with all theirs and other poor widows and orphans , must all presently starve , perish by * john cannes and these uncharitable mens new gospel light and charity , because hospitality and alms to such , are levitical and jewish , abolished with the levitical law and priesthood ; which abrogated all charity and humanity out of the world , as well as out of these tithe-oppugners hearts , if this their objection be orthodox gospel truth . . meer freewill offerings and voluntary unconstrained contributions were prescribed by the levitical and judicial law , both for and towards the maintenance of gods priests , and worship ; for the building , and repairing of the tabernacle , and of the temple afterwards , towards which the godly kings , princes , generals , captains , officers , souldiers , and all the pious people of god contributed most joyfully , liberally , and in such abundance upon all occasions , that they gave far more than was sufficient ; and thereupon were prohibited by special proclamation to give or bring any more ( as in the case of materials of all sorts , for the building and furniture of the tabernacle of the congregation ) and of the temple , towards which many heathen kings , and their officers contributed freely , and the very captive jews , exod. . , to . chap. . , to . levit. . , , . chap. . . num. . . chap. . . chap. . , to the end , chron. . , , . chap. . , to . chap. . , to . chron. . , to . chap. . . chap. . , to . . chap. . , to . ezra . throughout , chap. . . chap. . . chap. . , . therefore ministers under the gospel must not be maintained , nor churches , houses for publick assemblies built or repaired by free-will offerings , and voluntary contributions , being levitical , jewish , and so abandoned ; and if not by tithes nor forced rates as they allege , then the ministers must utterly starve , and all our churches fall to sudden ruine , as many now do . and is this gospel saintship and christianity ? . the priests and levites by the levitical law , were prescribed what wives they should marry , and what not , levit. . , to the . will it therefore follow ( as the papist votaries conclude ) therefore ministers of the gospel must not marry ? and must all now be divorced from their wives , as well as from their tithes and benefices , because the levitical law is abolished , and priests wives jewish , as well as their tithes ? our beastly ranters then may seize upon ministers wives , as well as the brutish anabaptists , quakers , swordmen on their tithes and glebes . . the seventh day sabbath it self , though prescribed by a n moral law , was in some sense ceremonial , and enjoyned by o ceremonial laws too ; therefore ( as p most affirm ) abrogated by christs death as jewish , as to the precise seventh day from the creation , and the jewish rigidities , sacrifices on it ; will it therefore follow , that it is jewish and unlawfull for christians under the gospel , to observe the lords day every week , and render unto god the same weekly proportion of time for publike worship , as the jews did , or to keep any publike fasts , or feasts to god at all , as the jews by the levitical law were bound to doe ? if so , then farewell all lords-dayes , fasts , feasts , publike assemblies for gods worship , all ministers , churches , ( and god himself together with them ) as well as tithes ; let gain , money be the only deities henceforth adored among us , as the motto stamped upon our new state-coyn , god with us , and most mens practices sadly proclaim , to gods dishonour , and religions intolerable defamation . these answers , i presume , will for ever satisfie or silence these objectors , with q john canne , their new champion , who may now discern their grosse mistake ; and learn this for a general certain truth : that whatever is not in its own nature and original , meerly jewish and ceremonial , but hath a kind of natural justice , equity , conveniency , morality or necessity in it , and had a divine original , institution before the ceremonial law given , or the levitical priesthood instituted ; that thing , though afterwards given , limited , prescribed to the levitical priests or israelites by a general or special levitical law abrogated by christ , doth neither cease its being , nor become unlawfull in its primitive , or proper use unto christian ministers or believers under the gospel , by the abolishing of the levitical law and priesthood ; but may , and must necessarily be continued , practised , perpetuated among them without the least sin , scandal , or judaism , according to its own primitive institution , or natural , necessary , divine , moral or civil use ; else bread , meat , drink , wives , clothes , religious sabbaths , fasts , feasts , edifices and assemblies for gods publick worship , houses for hospitality , charity to ministers , to poor distressed saints , people , ( yea reading , prayer , preaching of the word of god , magistracy and government it self ) should be utterly unlawfull unto christian ministers and people , as well as tithes ; because given , prescribed to be used by the levitical priests and jews , by the levitical law. therefore seeing meat , drink , food , raiment , lands , houses , and a competent proportion of all worldly necessaries , are as simply needfull for the preservation , subsistence of the ministers of the gospel and their families now under the gospel , as for the priests , levites before and under the law , or all other sorts of men in the world , who cannot live without them : and seeing tithes , lands , houses , both before and under the law , were originally given to and setled by god and men upon priests and levites first , and ministers since , not as meer types , shadows , ceremonies , but as a just , fitting , convenient recompence of their labour , necessary maintenance , livelihood , habitation , residence for them and their families , to provide them meat , drink , books , clothes , and other necessaries to live by : why our ministers under the gospel should not still enjoy them in this kind and nature , without the least shadow of judaism , as well as melchisedec before the law , or the jewish priests and levites under it , or their predecessors before them , even from the first settlement of the gospel amongst us , or as well as any other men , or the objectors do enjoy their lands , goods , houses , and the other nine parts of their tithes encrease , for their livelihood and subsistence , as well as the jews without any sin or judaism , transcends my capacity to apprehend , and the ability of all armed or unarmed enemies of tithes or glebes to demonstrate from scripture , law , reason , or the objected abused text , over-long insisted on , to clear it from all ignorant or wilfull wrestings . and so much for the payment of tithes by * abraham , and vowing them by jacob , before the law , to justifie the lawfulnesse and continuance of them under the gospel , against all cavilling exceptions . secondly , i shall make good the proposition from the maintenance of the priests and levites by glebes , tithes , and oblations under the law , urged as the strongest , if not only reason against them : and thus form my argument . that which god himself , who is infinitely and only wife , just , holy , did by his special laws , edicts institute , prescribe , as the most expedient , equal , fit , just , rational , convenient maintenance of all other for his own priests and levites to receive and take from his own people ( when once setled in the promised land ) for the execution of their function ; must questionlesse be , not only a lawfull , but the most expedient , equal , fit , just , rational , convenient maintenance of all other for his ministers of the gospel to receive , and take from all believing christians in any setled christian kingdome , state , church under the gospel ; especially , if he hath neither positively prohibited this kind and way of maintenance , nor specially prescribed any other way or kind of setled maintenance for them in and by the gospel . but god himself , who is infinitely and r only wise , just , holy , did by his special laws , edicts institute , prescribe houses , lands , glebes , t●thes , and oblations , as the most expedient , equal , fitting , just , rational , convenient maintenance of all other for his own priests and levites to receive and take from his own people , when once setled in the promised land , for the execution of their functions ; and hath neither positively prohibited this kind or way of maintenance , nor specially prescribed any other way or kind of setled maintenance for them in and by the gospel . ergo , it must questionlesse be , not only a lawfull , but the most expedient , equal , fit , just , rational , convenient maintenance of all other for his ministers of the gospel from all believing christians in any setled kingdome , state , church under the gospel . the major , i suppose no rational christian can or will deny , except he thinks himself ( as king alphonso , the proud atheistical self-conceited astronomer did ) more wise , just , holy than god himself ; and abler to carve out a more expedient , equal , just , fitting , rational , convenient maintenance for gods priests , levites , ministers , than god himself hath done ; and dare bid defiance to this gospel precept , eph. . . be ye therefore followers of god as dear children : the minor i shall thus confirm in order . . that god did by special laws , edicts institute and prescribe cities , suburbs , lands , houses , glebes , for the priests and levites habitation , and the better maintenance of them and their cattel , and that in a liberal proportion , is apparent by num. . from v. , to . where we find recorded ; that the lord spake unto moses in the plain of moab , by jordan near jericho , saying ; command the children of israel that they give unto the levites of the inheritances of their possession , cities to dwell in ; and ye shall give also unto the levites suburbs for their cities round about them . and the cities they shall have to dwell in , and the suburbs of them , shall be for their cattel , and for their goods , and for all their beasts . and the suburbs of the cities which ye shall give unto the levites , shall reach from the wall of the city and outward , a thousand cubits round about . and ye shall measure from without the city on the east side two thousand cubits , and on the south side two thousand cubits , and on the west side two thousand cubits , and on the north side two thousand cubits , and the city shall be in the midst ; this shall be to them the suburbs of the cities . and among the cities which ye shall give unto the levites , there shall be six cities for refuge , which ye shall appoint for the manslayer , that he may fly thither ; and to them ye shall adde forty and two cities . so all the cities which ye shall give to the levites shall be forty and eight cities , them shall ye give with their suburbs . and the cities which ye shall give shall be of the poss●ssion of the children of israel : from them that have many , ye shall give many ; and from them that have few , ye shall give few : everyone shall give of his cities , according to his inheritance which he inheriteth . this positive just command of god was given before the israelites entrance into , and conquest of the land of canaan : and this further positive law then likewise made against the sale and alienation of these glebes and possessions . levit. . , , . notwithstanding the cities of the levites , and the houses of the cities of their possession , may the levites redeem at any time , which others could not doe , v. , . and if a man purchase of the levites , then the house that was sold and the city of his possession shall go out in the year of jubile ; for the houses of the levites are their possession among the children of israel : but the field of the suburbs of their city may not be sold , for it is their perpetual possession . after this , when the land of canaan was fully conquered by the israelites and divided amongst the tribes by bounds and limits , we read , josh . . , to . then came near the heads of the fathers of the levites unto eleazer the priest , and unto joshua the son of nun , and unto the heads of the tribes of the children of israel ; and they spake unto them at shilo in the land of canaan , saying , the lord commanded by the hand of moses ( in the text forecited ) to give us cities to dwell in with the suburbs thereof for our cattel . and the children of israel gave unto the levites , at the commandment of the lord ( mark it all enemies of our ministers , rectories , lands , glebes , maintenance ) these cities and their suburbs . then follow the names and places of the cities allotted to the levites proportionably out of every tribe , and how they were divided by lot amongst them : which you may read in the text it self , over large to transcribe . after which ensues this cloze of the story , v. . , . and the children of israel gave by lot unto the levites these cities and their suburbs , as the lord commanded by the hand of moses , all the cities of the levites within the possession of the children of israel , were forty and eight cities , with their suburbs : these cities were every one with their suburbs round about them : thus were all the cities . in chron : : we have a recital of the sons and families of levi , and the office of the priests and levites , with the names of all the cities and suburbs alloted to them out of every tribe , agreeing with this of joshua , where those who please may read them at their leisure . these fourty eight cities and their suburbs ( as some conceive ) amounted to the tenth , or at least twelfth part of the cities and land of canaan ; the priests and levites according to their number , enjoying in proportion as large a share of the promised land , as any of the other tribes , for their habitation and glebes : besides their tithes , first-fruits , offerings and other dues . all which ( as ſ dr. george downham , and t mr. samuel purchas observe ) amounted to a far greater proportion for the maintenance of that small tribe , than all the bishopricks , deaneries , benefices , cathedral and college lands , revenues , glebes , tithes , and whatsoever ecclesiastical profits , endowments of the clergy , and scholars in our whole kingdom and nation . after this , when the temple of jerusalem was built , where the priests and levites were to wait in their several courses successively , by davids appointment ( chron. chap. , to chap. . chron. . , . chap. . . and ch . , . ch . . . chap. . . chap. . . levit. . , , . ) they had houses , chambers , lodgings provided for them at jerusalem , near the temple , ( where some of them constantly dwelt and attended , ) and likewise for the tithes , first-fruits and oblations brought thither to them , chron. . , to . chap. . . chap. . , , . chron. , to . ezra . . neh. . , , . chap. . , , . chap. . , to . ezech : . , to . chap. . , to . chap. . . chap. . . these cities , suburbs , habitations , chambers , the priests and levits constantly enjoyed without interruption til the revolt of the ten tribes from rehoboam : when jeroboam the usurper erected two golden calves in dan and bethel , to keep the people from going up to jerusalem to worship god there , out of carnal fear and suspition ; saying in his heart , now shall the kingdom return to the house of david , if the people go up to jerusalem to do sacrifice in the house of the lord there , then shall the heart of this people turn back again to their lord , even unto rehoboam king of judah , and they shall kill me , and go again to rehoboam king of iudah , kings . , to . and then we read chron. . , , , . the priests and the levites that were in all israel resorted to rehoboam out of all their coasts ; for the levites left their suburbs and their possessions , and came to judah and jerusalem ; for jeroboam and his sons had cast them out from executing the priests office unto the lord ; and he ordained him priests for the high places , u of the lowest of the people , and for the devils , and the calves which he had made : which king abijah warring with him after his fathers death , ( when he claimed the right of his usurped crown , ) thus objected against him , and the revolted tribes , chr : . , to . hear me thou jeroboam and all israel : ought ye not to know that the lord god of israel gave the kingdom over israel to david for ever , even to him and to his sons by a covenant of salt ? yet jeroboam the son of nebat , the servant of solomon , the son of david , is risen up , and hath rebelled against his lord. and there are gathered unto him vain men , the children of belial , and have strengthened themselves against rehoboam the son of solomon , when rehoboam was young and tender-hearted , and could not withstand him . and now ye think to withstand the kingdom of the lord , in the hand of the sons of david , and ye be a great multitude , and there be with you golden calves , which jeroboam made you for gods. have ye not cast out the priests of the lord , the sons of aaron , and the levites , and have made you priests after the manner of the nations of other lands ; so that whosoever cometh to consecrate himself , with a young bullock and seven rams , the same may be a priest of them that are no gods ? but as for us the lord is our god , and we have not forsaken him ; and the priests which minister unto the lord are the sons of aaron , and the levites wait upon their business : &c. for we keep the charge of the lord our god ; but ye have forsaken him : and behold god himself is with us for our captain , and his priests with sounding trumpets , to cry allarum against you . the issue of this atheistical state-policy , and sacrilegious deprivation , spoliation of gods priests and levites of their suburbs , possessions , ministry by jeroboam and his sons , is very remarkable . it brought ruine upon his whole army , though double the number of abijah his host , of whom they had a great advantage by an ambushment ; god himself smiting him and his host , so that they fled before judah ; and abijah and his people sl●w them with a great slaughter , so that there fell down slain of israel five hundred thousand chosen men , chron. . , to . the greatest slaughter in one battel , that ever we read of in sacred or prophane stories before or since . . it brought captivity on his adherents and people , who were brought under at that time , pursued , and had their cities taken and plundered , v. , . . it drew down this misery and fatal judgement on himself , v. . neither did jeroboam recover strength again in the dayes of abijah ; and the lord strook him and he died . . it became sin to the house of jeroboam , even to cut it off , and to destroy it from the face of the earth , kings . , . . it made all the succeeding kings of israel professed idolaters , and most of them bloudy murtherers , vsurpers , persecutors , and produced perpetual successive civil warrs between judah and israel , kings . . chap. . , , , . chron. . , to . . it brought final captivity , ruine and desolation in conclusion to the whole kingdom of israel , and the ten revolting tribes , kings . , , , . where this sad story is recorded . and the lord rejected all the seed of israel , and afflicted them , and delivered them into the hand of spoilers , until he had cast them out of his sight . for he rent israel from the house of david . and they made jeroboam the son of nebat king , ( of which god thus complains , hos . . . they have set up kings , but not by me , they have made princes and i knew it not ) and jeroboam drave israel from following the lord , and made them sin a great sin : for the children of israel walked in all the sins of jeroboam which he did , they departed not from them , untill the lord removed israel out of his sight , as he had said by all his servants the prophets : so was israel carried away out of their own land to assyria , till this day ; when as the kingdom of judah x continued above . years after in davids royal posterity , enjoying gods priests , levites , prophets and ordinances , till their captivity for their sins , in mocking , abusing his messengers , prophets , and despising his words , chron. . , . and then y after . years captivity , they were restored again to their country , re-edified jerusalem and the temple ; and with them , the priests , and levites returning from bondage , were restored likewise to their cities and glebes ( of which the kings of judah never deprived them , as jeroboam and his sons , and the kings of israel , who were all idolaters did ) whence thus we read ezra . . . so the priests and the levites , and the singers , and the porters , the nethinims dwelt in their cities , and all israel in their cities ; thus seconded , neh. . , . all the levites in the holy city were . and the residue of israel , of the priests and levites , were in all the cities of judah , every man in his inheritance ; and neh. . . the levites and singers that did the work , were fled every one to his field . in the prophecie of ezechiel ( written during the jews captivity , in the land of the chaldeans , ezech. . , , . ) prophesying of the re-edifiing of the temple , the dimensions and whole fabrick thereof , ch . . , to . we find frequent mention of holy chambers therein , provided for the priests , and their vestments . and ch . . , to . god enjoyns the israelites by this prophet upon their restitution to their own land , when they should divide it by lot for an inheritance ; that they should offer an holy portion of the land , an oblation unto the lord : the length thereof twenty five thousand reeds ; and the breadth ten thousand ; this shall be holy in all the borders thereof round about . of this there shall be for the sanctuary reeds in length , with in breadth square round about ; and fifty cubits round about for the suburbs thereof . then he addes : the holy portion of the land shall be for the priests , the ministers of the sanctuary ; which shall come neer to minister unto the lord , and it shall be a place for their houses , and an holy place for the sanctuary . and the . of length , and . of breadth , shall also the levites , the ministers of the house have for themselves , for a possession for twenty chambers . in the . chapter verse . to the end of the prophecy , he writes of the bounds and division of the land of canaan ( after their restitution ) according to their several tribes , in relation to and imitation of the bounds and division of it formerly made and recited by joshua : out of which there was a special portion reserved for the priests and levites , as there was in joshua's division forecited : thus expressed , ezeck . . , to . and by the border of judah , from the east side unto the west side , shall be the offering , which they shall offer of . reeds in breadth , and in length as one of the other parts , from the east side unto the west side ; and the sanctuary shall be in the midst of it : the oblation ye shall offer unto the lord , shall be of . in length , and in breadth : and for them , even for the priests shall be this holy oblation ; toward the north . in length , and toward the west . in breadth ; and toward the east in breadth , and toward the south in length , and the sanctuary of the lord shall be in the midst thereof . it shall be for the priests , that are sanctified , of the sons of zadock , which have kept my charge , which went not astray , when the children of israel went astray ( after jeroboam and his calves ) as the levites went astray . and this oblation of the land that is offered , shall be unto them a thing most holy by the border of the levites . and over against the border of the priests , the levites shall have . in length , and . in breadth : all the length shall be , and the breadth . reeds . and they shall not sell of it , neither exchange , nor alienate the first fruits of the land , for it is holy unto the lord. from all these scriptures ( here recited at large for the readers fuller satisfaction , conviction , and ease in turning to them ) these conclusions undeniably arise , . that the priests and levits had by gods special command , precept ( oft repeated ) both cities , houses , suburbs , lands , glebes designed to & setled on them by their brethren out of all the other tribes of israel , for their habitation , and the keeping , feeding of their cattel , goods , beasts , and that in a very large and bountifull proportion . and likewise necessary , convenient houses , chambers , lodgings neer the temple , when first built , and when re-edified afterwards ; which refutes the common errour of those ignorant simpletons and illiterate new-lights , who from numb . . . deut. . . chap. . , . the priests , the levites , and all the tribe of levi shall have no part nor inheritance with israel : they shall eat the offerings of the lord made by fire , and his inheritance : therefore shall they have no inheritance among their brethren , the lord is their inheritance , as he hath said unto them ; conclude : that the priests and levites amongst the israelites , had no cities , houses , lands , suburbs or possessions of their own belonging to their office , and were expresly forbidden by god to receive or enjoy any among their brethren : and hence inferr ; that ministers of the gospel ought not to enjoy any rectories , houses , lands or glebes : whereas all the forecited scriptures directly record the contrary ; and the meaning of these seeming repugnant texts , is only this ; z that they should have no inheritance amongst their brethren in such sort and manner as they had ; set out altogether in one parcel by joshua and the rest who divided the land amongst the tribes by lot ( which would have hindred them from their duties ) but only a subsequent assignment of certain cities , houses and suburbs seattered and divided one from another , in and out of every tribes inheritance ; that so they might perform their offices with more ease , and be alwayes ready at hand in every tribe , to teach and instruct the people upon all occasions . . that the inheritance of the cities , houses and suburbs , which they enjoyed , were not reputed their own proper inheritance , though they enjoyed the possession and profits thereof , but gods inheritance , as a thing devoted and dedicated unto god himself ; and therefore stiled by ezekiel , an oblation unto god , and an holy portion ; as a histories , divines , common , civil and canon lawyers stile all our rectories , church-lands , and glebes , with the charters that first setled them , being given and consecrated , deo et ecclesiae , an oblation unto god , and the church . . that these endowments and glebes of theirs , were called , reputed gods own portion and inheritance . . because given by his special command and appointment by all the tribes . . because originally consecrated , devoted to god and to his priests and ministers onely in gods right , for his sake . . because given to promote gods worship , service , glory , and for an habitation , support to gods own priests and levites , imployed wholly in his immediate service . . that they were expresly prohibited to be sold , exchanged , or alienated by the priests , levites , or any others ; because they were reserved by and given unto god himself , as an holy portion and oblation , and to the priests and levites for a perpetual poss●ssion , in regard of the perception of the profits , the inheritance of them residing only in god himself : therfore not possible to be justly and lawfully sold , exchanged , or alienated by , the priests , levites , or any other mortal powers whatsoever , who could claim no power , right , property , or disposing interest in or over them against gods own soveraign and sacred title . . that these cities , suburbs , glebes , were ratably set out in and by every tribe in an equal proportion , according to the multitude or paucity of their cities , as a tenth of their cities and lands , to which their cities and suburbs amounted as some probably conceive . and yet besides these cities , there were houses and schools of prophets , and prophets children ( in nature of our universities ) in bethel and in jericho , kings . , , , , to . chap. . , , , . which were none of these cities . . that none of the kings and princes of judah , ( though many of them were idolatrous , wicked , and put to great extremities to raise monies to pay their armies , and tributes to forein invaders and conquerors ) did yet ever attempt to sell or alienate the cities , suburbs , or revenues of the priests and levites to maintain their warrs , or pay publike debts or tributes , though king asa , jehoash , hezekiah ( by way of loan ) made bold with the silver and gold in the treasure of the lords house , in cases of publike extremity ( which might be , and was afterwards re-paid , ) kings . . cap. . . chron. . . yea , the scripture expresly records , that in the great famine in aegypt , when all others sold their lands , to buy bread , to king pharaoh , only the lands of the priests bought he not : for the priests had a portion assigned them of pharaoh , and did eat their portion which pharaoh gave them ; wherefore they sold not their lands gen. . , to . . that the idolatrous usurper jeroboam , out of a carnal fear and policy to keep the people from returning to their rightfull soveraign , and establish the crown on himself and his posterity , was the first man we read of , and his idolatrous sons and successors after him , who cast out gods priests and levites out of their offices , and then , out of their cities , suburbs and possessions , which he enforced them to desert , ( though we read not , that they sold them to maintain their warrs or pay soldiers arrears ; ) who thereupon repaired to jerusalem , to rehoboam the right heir , and after them out of all the tribes of israel , such as set their hearts to seek the lord god of israel , came to jerusalem to enjoy gods ordinances , & strengthned rehoboam and his kingdom , against this persecuting usurper , chron. . , to . . that this his casting out of the priests and levites from their offices and p●ss●ssions , making priests of the lowest of the people , and suffering every one that would to consecrate himself a priest without a lawfull call , is objected against jeroboam by abijah as a very high crime , and provocation against god ; and the maintaining , encouraging of gods lawfull priests and levites in their offices and setled possessions , alleged by him as a certain argument of gods presence with him , and so with any other king and people , and of victory , successe in conclusion , against sacrilegious usurpers . . that when gods lawfull priests and levites are deprived of their glebes and possessions , we must presently expect , a base , contemptible , time-serving , idolatrous , ignorant priestood , jeroboams golden calves , with their new feasts and sacrifices , and a universal inundation of idolatry , wickedness , prophanness to ensue , with all the forementioned calamities , which befell ieroboams army , adherents , subjects , person , family , kingdom : which the lord now set home on all our hearts , that we may never be guilty of such a sacrilegious , ruinating , god-provoking , realm-destroying , church-subverting practice in the least degree , as some would now perswade us to , in stripping our ministers of all their glebes , rectories , tithes and setled maintenance at one blow , ( which even pharaoh himself , and godly joseph refused to do towards the very idolatrous priests of aegypt , allowing them an extraordinary daily portion to preserve their lands from sale in time of famine , gen. . , . ) whereto they have as lawfull , as just , as divine a right , as these priests and levites had to their cities , suburbs , houses and possessions , as i shall prove anon . . that god only wise did by special laws and edicts institute and prescribe tithes , as the most expedient , equitable , fitting , just , rational , convenient maintenance and reward of all other for his own priests and levites , is undeniably proved by levit : . , , . deut : . , , , . ch . . . to the end , ch . . , , , , . num : . , to . neh : . , , . ch . . . ch . . , , , , prov : . . chron : . , to . mal : . , , . luke . . heb : . , , . which texts all may read at leisure , and are needlesse to transcribe at large , this truth being confessed by all opposites to tithes , who hence condemn them as iewish and ceremonial rites now abolished . that which i shall observe from them , is briefly this . . that the payment of tithes to the priests and levites , was positively prescribed by gods special precepts and commands , frequently recited , inculcated . . that gods own people were specially commanded by him to pay * tithes of the seed and increase of all their land ; of all corn , wine , oyl , fruits , yea , of garden-herbs , seeds , matth. . . luke . . and likewise of the increase of all their cattel , herds , flocks . . that god gave these tithes , and all the tenth in israel , to the priests and levites for an inheritance , as a due reward for their service which they serve , even the service of the tabernacle of the congregation ; which all israelites else were prohibited to come into , or do service in ; lest they bear their sin and dye ; and this was to be a statute for ever throughout their generations . nam . . , , , , . heb. . . . that all the tithes of the land , seed , fruit , herbs , flocks , and of whatsoever annually increased , or passed under the rod , are expressely said to be the lords , to be holy unto the lord , consecrated unto the lord , and an heave-offering unto the lord , which he gave unto the priests and levites , for an inheritance , levit. . , , , , , . num. . . chron. . . . that god enjoyned all the israelites , truly to tithe all the tithes of their increase , and not to eat or embesle , detain or exchange any of it , especially for the worse , deut. . . ch . . . levit. . . mal. . . and if any man would redeem his tithes , he was to give the full price , and adde a fifth part over to it . levit. . . . that all these tithes were to be brought by the people to the places and treasuries appointed for them , ( the corn ready threshed , winnowed , and the wine , oyl , fruits in vessels ) at the peoples own costs , without any trouble to the priests or levites ; and if the place , whither they were to be brought , was too far off , then , that they called the second tithe , ought to be turned into money by the owner , and the money paid to the priests and levites in lieu thereof . deut. . , , . ch . . , to . ch . . , , . chron. . , , , . neh. . , . ch . . . ch . . , to . amos . . mal. . . . that the detaining of these tithes from the priests and levites , was a great sin and sacrilegious robbing of god himself , accompanied with his curse , and punished with * scarcity , barrenness , devouring locusts , blasting of the fruits of the earth , &c. mal. . , , . ( a place worthy the saddest consideration of all tithe-oppugners and substracters ) will a man rob god , yet ye have robbed me : but ye say , wherein have we robbed thee ? in tithes and offerings : ( here is the sacrilegious sin ; pray mark the just deserved punishment : ) ye are cursed with a curse : for ye have robbed me , even this whole nation ( what this curse was , follows ) the devourer , ( that is , devouring creatures , as locusts , caterpillars , palmer-worms , canker-worms , and the like ) did destroy the fruits of their ground , their vines did cast their fruit before their times in the field ; and god blasted and destroyed all their corn and fruits with blasting and mildew , and hail ; amos . . joel . . yea , they sowed much and brought in little ; they did eat , but had not enough ; they did drink , but yet were not satisfied with drink : they did cloth themselves , but there was no warmth : and he that earneth wages , earneth it to put it into a bag with holes . they looked for much , and lo it came to little , and when they brought it home , god did blow upon it ; yea , the heaven over them was stayed from dew , and the earth was stayed from her fruits , and god called for a drought upon the land , and upon the mountains , and upon the corn , and upon the new wine , and upon the oyl , and upon that the ground brought forth , and upon men and cattel , and upon all the labour of their hands : when one came to an heap of . measures , there were but ten ; when one came to the presse-fat for to draw out fifty vessels , there were but twenty ; and the wine , and the figs , and pomegranate tree , and the olive tree , did not bring forth , hag. . , , to . ch . . , , . o that all hard-hearted , covetous , hypocritical , atheistical detainers of , and declaimers against tithes , and ministers just setled maintenance , would lay these judgements and curses of god close unto their hearts , that so they might therby be reclaimed from their robbery and sacrilege against god , and prevent , divert these judgements , curses from themselves , and our whole nation , which they have cause to fear , and will doubtlesse feell them to their smart and losse , if they rob god and our ministers of their tithes , and maintenance in such sort as many now strenuously endeavour ! . that god himself annexed many gracious * promises of giving abundance of all earthly and spiritual blessings , to the chearfull , conscientious due payment of tithes to his priests and levites for their maintenance ; which i shall recite , to excite men chearfully to this practice now , deut. . , , , . thou shalt truly tithe all the increase of thy seed , corn , wine , oyl , herds , flocks ; that thou mayest learn to fear the lord thy god alwayes ; and that the lord thy god may bless thee in all the work of thy hand , which thou doest , deut. . , , , . when thou hast made an end of tithing all the tithes of thine increase , the third year , which is the year of tithing , and hast given it unto the levite , &c. then thou shalt say before the lord thy god , i have brought away the hallowed things out of mine house , and also have given them unto the levite , &c. according to all thy commandements which thou hast commanded me , i have not transgressed thy commandements , neither have i forgotten them . i have not eaten thereof in my mourning , neither have i taken away ought thereof for my vnclean vse , nor given ought thereof for the dead , but i have hearkened to the voice of the lord my god , and have done according to all that thou hast commmanded me : look down from thy holy habitation from heaven , and bless thy people israel , and the land which thou hast given us , a land that floweth with milk and honey . such a conscientious true payment of tithes as this , according to all gods commandements , without the least substraction or embezlement , emboldens , enables every particular man to make such a prayer to god , as this , not only for himself , but for the whole land ; brings a blessing upon himself and all the realm , yea makes it a land flowing with milk and honey , and abundance of all rich blessings . besides , we read in chr. . , to . that when godly king hezekiah had destroyed idolatry , and appointed the courses of the priests , and levites after their courses , every man according to his service , he brought ●urings , and peace-offerings , to minister and to give thanks , and to praise in all the gates of the tents of the lord : he appointed also the kings portion of his substance for the burnt-offerings , for the morning and evening ; for the sabbaths , the new moons , and set feasts ; moreover he commanded the people that dwelt in jerusalem , to give the portion of the priests and the levites , that they might be encouraged in the law of the lord. and as soon as the commandement came abroad , the children of israel brought in abundance , the first fruits of corn , wine , oyl and honey , and of all the encrease of the field , and the tithes of all things brought they in abundance . and concerning the children of israel and judah , that dwelt in the cities of judah , they also brought in the tithes of oxen , and sheep , and the tithe of holy things , which were dedicated unto the lord their god , and laid them by heaps . in the third moneth they began to lay the foundation of the heaps , and finished them in the seventh moneth , and when hezekiah and the princes came and saw the heaps , they blessed the lord and his people israel . then hezekiah questioned with the priests and levites concerning the heaps ; and azariah the chief priest of the house of zadok , answered him , and said ; since the people began to bring the offerings into the house of the lord ; we have had enough to eat , and have left plenty : ( but did the people grow poor thereby ? no , but much richer than before ) for the lord hath blessed his people , and that which is left , is this great store . then hezekiah commanded to prepare chambers ( or store-houses ) in the house of the lord , and they prepared them , and brought in the offerings and the tithes , and the dedicate things faithfully ; over which cononiah the levite was ruler . how different was this practice of all the people and godly saints in those daies , in a chearfull bringing in their tithes and oblations to the priests and levites in abundance for their encouragement ; which caused king hezekiah , his princes , the priests , levites , and god himself to bless them ; from the sacrilegious practice of tith-detaining hypocritical saints , anabaptists , quakers , sectaries and christians in our daies : who shall never receive such a blessing as this from god or good men , but their curses ? if these texts and presidents will not move such hard-hearted men , let them consider both this ●●●cept and promise of god , prov. . , . honour the lord with thy substance , and with the first fruits of thine encrease : so shall thy barns be filled with plenty , and thy press shall burst out with new wine : and mal : . , , , . return unto me , and i will return unto you , saith the lord of hosts , but ye said wherein shall we return ? bring ye all the tithes into the store-house , that there may be meat in mine house , and prove me now herewith , saith the lord of hosts , if i will not open you the windows of heaven , and * powr you out a blessing , that there shall not be room enough to receive it ; and i will rebuke the devourer for your sakes , and he shall not destroy the fruits of your ground , neither shall your vine cast her fruit , before her time in the field , saith the lord of hosts : and all nations shall call you blessed , for ye shall be a delight some land , saith the lord of hosts . what christians heart ( though never so covetous and worldly ) should not these sacred promises of god , ( the last of them recorded in the last of all the books and prophets in the old testament , they being not meerly levitical and judaical , but of eternal verity , use , and evangelical too ) excite and engage , most cheerfully to pay and bring in all their tithes and dues to gods ministers now , as well as to the priests and levites heretofore ; christ himself having made like parallel promises of blessings and rewards for relieving and maintaining his ministers in the gospel , mat. . , , . mark . . phil. . , ? . that the due payment of tithes to gods priests and levites , was a great encouragement to them in the law of the lord , and in the diligent execution of their duties , chron. . , , , . and on the contrary , the with-holding of them from them , a great discouragement , necessitating them to desert their duties and functions : witnesse that memorable text , neh. . , , . and i perceived that the portions of the levites had not been given them ( mark the consequence ) for the levites and the singers , that did the work were fled every one to his field . then contended i with the rulers , and said ; why is the house of god forsaken ? and i gathered them together , and set them in their place . then brought all judah the tithes of the corn , and the new wine , and the oyl unto their treasuries ; and i made treasurers over the treasuries , shelemiah the priest , and zadock the scribe , and of the levites pedajah , &c. for they were counted faithfull ; and their office was to distribute unto their brethren . which reason still continuing under the gospel in relation to the ministers and preachers thereof ( heb : . , . phil. . , to . ) is a strong argument to engage all true christians desiring the propagation of the gospel , and a painfull able ministry duly to pay their tithes and portions to them . . that it was the bounden duty , care of * religious kings and governours amongst gods own people , when the people were backwards to pay and bring their tithes and duties to the priests and levites , to command , and enforce them to do it by special covenants and oaths , sealed , subscribed by the princes and people ( neh. . . cap. . , to the end ) and likewise by positive ordinances , injunctions , and to be earnest and zealous in it , as the two last recited examples of king hezekiah and nehemiah evidence ; and this was so far from being an unjust , oppressive action and grievance to the people , as some now term it ; that it is recorded by god himself for their honour , and others imitation , yea so well-pleasing unto god , that nehemiah clozeth up the history of his acting in this kind , with this memorable addresse and prayer to god himself , neh. . remember me , o my god , concerning this , and wipe not out the good déeds that i have done for the house of my god , and for the offices thereof . and will not god remember their ill deeds in wrath and vengeance , who shall do the contrary to what he and king hezekiah acted , in robbing god and his ministers of their tithes and setled dues ? b st. hierom with others affirm : that the israelites had four sorts of tithes . . that which the people paid to the levites , being the tenth of every thing that was food for man , not so much as herbs excepted , and whatever received increase from the earth . . that which the levites paid to the priests , being the full tenth of their tithes . . that which they received for expences in their solemn feasts , when they went to the tabernacle or temple , whereof the owner and his family were to eat in those feasts as well as the levite , deut. . , . ch . . , . . the third years tithes , which were then laid up for the levites , and likewise for the stranger , the fatherlesse , the poor widdow within their gates , in the husbandmans own barns and store-houses , and not then carried to jerusalem , as the other tithes were . deut. . , . ch . . , . their first and second tithes every year ( as they affirm ) amounted to . in the hundred ; so as the husbandmans clear lay-chattel , the tithes first deducted , came but to eighty one bushels of corn , or eighty one pipes or tuns of wine , or oyl , in every hundred ; which considering the costs the husbandman was at in threshing and fanning the corn , barrelling up the wine and oyl , and carrying them to jerusalem , and the priests treasuries at their own costs , amounted to double the tithes we pay now and more ; besides the first fruits paid out of them in kind before the tithes ; their free-will offerings , sacrifices , oblations and other charges of gods worship prescribed by the levitical law , together with half a shekel every poll for the service of the tabernacle , exod. . , , . yet the israelites were obliged by god to pay all these tithes , which all the godly amongst them chearfully did without murmuring , notwithstanding every seventh year amongst them was sabbatical , and free from tillage , and the voluntary fruits of the earth then growing were to be for the poor , and the beasts of the field were to eat the rest , exod. . , . lev. . , &c. what would our anabaptists , quakers and tithe-oppugners have said and done , had they been born israelites , under the law , and clogged with so many tithes and expences , who now grumble at and refuse to pay half so much tithes as they constantly did , though they pay no first-fruits , sacrifices , and other costly oblations of several sorts to god , as the israelites did , besides all these tithes ? i fear their covetous , sacrilegious hard hearts would have induced them to cast off , not only gods priests and levites ( as now many of them do our ministers ) as superfluous creatures , but even all gods chargeable ordinances and levitical forms of worship , as intollerable grievances , oppressions , yea renounced god himself to save their purses , and turned atheists out-right : let them therefore reform this their sacrilegious tithe-detaining practices and opinions , lest whiles they pretend to avoid judaism , they prove worse than the very jews themselves ; yea worse than the very jewish pharisees , ( the worst of jewes ) who paid tithes even of rue , annis , mint , cumin , all other herbs , and of all they had . mat. . . luke . . cap. . . whose righteousness all christians righteousness must exceed by christs own verdict , else they shall never enter into the kingdom of heaven , mat. . . nay worse than the very idolatrous jewes under jeroboam and his successors , who paid their tithes duely even to the base idolatrous priests at bethel and gilgal , who waited on the service of the golden calves , and brought all the oblations to their very calves , which god reserved to his priests , levites , and himself , as is evident by amos . , . come ye to bethel and transgresse , at gilgal multiply transgression ; and bring your sacrifices every morning and your tithes after thrée years , and offer a sacrifice of thanksgiving with leaven , and proclaim and publish the free offerings , for this liketh you , o ye children of israel , saith the lord of hosts . let those pharisees , idolatrous jews and israelites practice then shame all our anabaptists , quakers , soldiers , sectaries , and other tith-oppugners now , lest they rise up in judgement and condemn them , at the last day . these forementioned cities , suburbs , houses , glebes , tithes , thus setled on the priests and levites for their habitation , maintenance and reward of their ministerial function , had nothing properly typical or ceremonial in them ; and being assigned to them by god himself only , for their necessary habitation and competent livelihood , may and ought to be continued , and imitated in a fitting proportion under the gospel , for the habitation , maintenance , livelihood , reward of the preachers of the gospel , who are to live by the gospel , as well as they did by the temple and altar , cor. . , . . there was another supplemental maintenance , besides these glebes and tithes , prescribed by god in the levitical law for the priests , which was properly ceremonial , levitical , and quite abolished with that priesthood by christs death ; and that was the priests share out of every meat-offering , made of fine flower , oyl and frankincense , unto the lord by the people ; a small part whereof the priests were to offer up to god upon the altar , and the remnant which was left , was to be aarons and his sons , with the breast and right shoulder of every peace-offering , offered by the people , called the wave-breast , and the heave-shoulder , given by god to the priest , who offered the bloud and fat of the peace-offering at the altar , together with the skin of every burnt-offering , levit : . , . chap. . , to . and , to . exod : . , , . chap. . . numb . . , . and from them that offered a sacrifice , whether it were ox or sheep , this was the priests dve likewise from the people ; they were to give unto the priest the shoulder and the two cheeks and the maw , by gods special appointment , deut : . . ezech : . , . which fee eli the high priests sons exceeding , and exacting more than was due by violence , it exceedingly provoked god , made men to abhor the sacrifice , of the lord , and proved the ruine of eli and his family , sam : . , to the end . these dues and fees of the priests serving onely at the altar , had no affinity with the forementioned glebes and tenths , belonging as well to the levites as priests , and therefore are distinctly prescribed by themselves . now for any to argue that tithes and glebes , which were no wayes properly ceremonial , levitical or typical , are quite abolished by christ , and incompatible with the gospel , because those meat-offerings , peace-offerings and sacrifices , ( which were meerly ceremonial and typical , and by consequence the fees due unto priests out of them ) are quite abolished by christ , the onely true * meat-offering , peace-offering and sacrifice for us unto god ; is a meer non sequitur , they being things of a different nature ; the one eternally abolished by christ , as the whole epistle to the hebrews testifies , but the other not , as the said very epistle attests , hebrews . , to . compared with cor : . , to . tim : . , . gal : . . and here i shall beat our sword-men and other tithe-oppugners with their own weapon . they tell us for an unquestionable gospel-truth ; that ministers of the gospel ought to have no certain or coercive maintenance , but only voluntary free-will-offerings , such as the people shall willingly give them without any law or constraint ( though their own unordained chaplains in the army and garrisons have constant pay each month out of the peoples purses , to whom they do not speak , and are not maintained by the souldiers free , but the people 's enforced monthly contributions ; which practice they should first reform , if repugnant to the gospel : ) now such maintenance as this , is more properly and purely levitical and ceremonial than tithes ; since all meat-offerings , peace-offerings and sacrifices , out of which the levitical priests were to have their share and maintenance , were only frée-will-offerings voluntarily offered to god , without any coercion , when they pleased , levit. . . ch . . . ch . . , , , . numb . . . ch . . . deut. . , . ch . . . ch . . . psal . . . ezra . . ch . . . chron. . . if then tithes , glebes , and all coercive , setled maintenance for ministers be abolished and unlawfull under the gospel , though not primarily , and purely levitical , but of divine , moral , and natural right , by the dictate of natural reason ; as tyndarus , rebuffus , and many others affirm in their treatises of tithes ; then much more must their maintenance by levitical free-will-offerings , oblations , and sacrifices be such ; being more purely levitical and ceremonial that tithes , as these instances manifest , and cor. . . heb. . , . and if ministers of the gospel must have neither a setled nor inforced maintenance , by glebes , tithes or otherwise , as some now plead , nor yet an uncertain one by voluntary free-will-offerings and contributions , they shall have no maintenance at all allowed them under the gospel ; whereas the priests of god under the law had both a certain setled maintenance , reward by glebes and tithes ; and likewise an arbitrary and uncertain , by their fees , dues out of the peoples free-will-offerings , and sacrifices ; and why ministers of the gospel may not have a like setled , coercive maintenance , both by glebes and tithes , and likewise an honorary super-additional reward according to their pains and merits , by the voluntary benevolences , and free-will-offerings of the people , as well as the priests under the law , or as well as servants and all publick officers , military or civil ; let their opposites render me a reason , when they are able ; the apostle resolving thus of ministers of the gospel in opposition to the preists under the law , heb. . . we have an altar , whereof they have no right to eat which serve the tabernacle ; which text compared with cor : . , . do ye not know , that they which minister about holy things , live of the things of the temple ; and they which wait at the altar , are partakers with the altar ? even so hath the lord ordained , that they which preach the gospel should live of the gospel ; and with phil. . . but i have all , and abound , and am full , having received from epaphroditus the things ( or voluntary contribution ) sent from you , an odour of a most swéet smell , a sacrifice acceptable well pleasing to god : will warrant this conclusion ; that as the gospel in these texts retains the old legal terms of altar and sacrifice , in a real evangelical sense , in relation both to the office and maintenance of the ministers of the gospel ; so christians under the gospel in the self same sense , may and ought to allow them the like setled maintenance by glebes , tithes , and likewise an additional reward by voluntary evangelical sacrifices and oblations for attending on the new gospel-altar , jesus christ , and preaching of his gospel , administring his sacraments to them , as the priests under the law received from the people , by gods own institution . . there was another additional way of maintenance for the priests under the law , both certain and considerable by gods special appointment ; even the first-born of man and unclean beasts , which were to be redeemed , at a set value given by god to the priests ; the firstlings of all their herds , beasts , flocks that were clean , payable in kind ; the first-fruits also of their ground , corn , wine , oyl , of all manner of trees , fruits , and likewise of their dough : which god peculiarly reserving and consecrating to himself as his own , and holy to himself ; did yet transferre them to his priests , and enjoyns the people to give and bring unto the priests , that they may cause the blessing of god to rest in the peoples houses ; as you may read at leisure , exod. . , . ch . . , . ch . . , . ch . . , , , . levit. . , . ch . . , . ch . . , , . n●m . . . deut. . . ch . . . ch . . . ch . . , . compared with num. . , to , kings . . chron. . . and neh. . , . ch . . . ch . . . prov. . . ezech. . . ch . . . ch . . . these first-fruits most hold to be meerly ceremonial and types of christ , the first-born of god , heb. . . psal . . . the first-fruits from the dead , cor. . , . and types of christians under the gospel , who are called a kind of first-fruits of his creatures , jam. . . yea the first-fruits unto god , and to the lamb , rev. . . therfore abolished by christ as ceremonial and levitical . but yet notwithstanding , seeing all true christians are and ought still to be even spiritual first-fruits unto god under the gospel ; to present themselves , their souls and bodies a living sacrifice , and oblation , holy , acceptable unto god through jesus christ ; in the first place , rom. . . cor. . , , , . to seek first the kingdom of god , mat. . . and then afterwards to be ready to consecrate not only themselves but all their goods and estates to god and his service , so far forth as there is occasion or necessity , acts . , , , . i cannot yet discern , but that all christians by a proportionable kind of gospel and natural equity , are still obliged to render a kind of first-fruits out of their estates , besides their tithes , for the maintenance and propagation of the gospel when and where there is occasion ; there being far more equity and gospel-justice for it , than that our ministers , out of their small , scarce competent , and many very incompetent livings , should pay the first-fruits and first years profits of their livings to the king or state ( as formerly they did unto the pope through papal vsurpation onely ) by the statutes of h. . c. . h. . c. . . & eliz. c. . and almost or above the tenth of all their livings to the souldiers ( amounting to treble their tenths to the king or pope ) without any grant at all by them or their proxies in the usual , legal , just , parliamental way , * against all their rights , privileges and our laws : the jewish priests and levites under the law being never burthened with such first-fruits or taxes , by their soveraigns , and exempted from them even by a heathen conqueror , ezra . . which those , who now endeavour to deprive them of their tithes , glebes , and yet exact both first-fruits , tenths and contributions from them , may do well to consider . having thus related at large , what a liberal , various , full , and competent maintenance god setled on his priests and levites under the law , by glebes , tithes , oblations , sacrifices , poll-money , first-fruits , besides the tenth and tribute out of the very spoyls of war formerly insisted on , i shall now apply it home to the ministers of , and christians under the gospel , in these short aphorisms . . ministers and preachers of the gospel inwardly qualified with sufficient gifts , graces , and lawfully called , ordained , are gods and christs own institution , and ministers , as well as priests and levites under the law. mat. . , , . ch . . , . luke . , , &c. ch . . , , . mark . , , &c. ch . . , . acts . , , , &c. ch . . . ch . . , , . ch . . , , . rom. . , , . cor. . , , , , , . ch . . , , , , . ephes . . , to . col. . . tim. . , . ch . . , , . ch . . , . tit. . , , . heb. . . jam. . , . thes . . . cor. . . cor. . . ch . . . . that their ministry and calling is far more honorable , glorious , necessary , beneficial to mens souls , than that of the priests and levites , under the law. cor. . , to . heb. . , to . . that it is far more painfull , laborious , than the ministery of the priests and levites under the law. acts . . cor. . , to . tim. . , , . tim. . . thes . . . pet. . . rom. . , . ch . . , . . that therefore there is as just , as competent , as full , as honorable and setled a maintenance , and as much honour , reverence , obedience , love , as great recompence due unto them , for their very work and calling sake from all christians under the gospel , as there was from gods people to the priests and levites under the law ; as i have already proved in the first proposition ; and that by divine institution , cor. . , . tim. . , , . from whence c hemingius ( with most orthodox protestant divines , i have seen besides , as well as papists and jesuites ) concludes thus . admoniantur igitur pii , quod iure divino ecclesiae ministris debeant stipendia ; that all the godly are to be admonished , that by divine right they owe wages to the ministers of the gospel . and if so , then . it follows inevitably , that there being no other setled way of maintenance particularly prescribed for them in or by the gospel ; and convenient houses , glebes for them , their families , and necessary cattel ; with tithes of the increase of the fruits of the earth , and cattel of all sorts , being as necessary , as requisite for the habitation , food , clothing , support of them , their families , ministry , and supply of all their necessaries with as little charge , trouble , * diversion from their studies , functions as may be , as for the priests and levites under the law : that godly christians , kings , states , parliaments , cannot pitch upon any equaller , fitter , juster , better , wiser , rationaller , convenienter , diviner way of maintenance for them , than that of necessary houses , rectories , glebes in every parish and tithes and oblations of all things needfull for food , raiment , hospitality , it being the constant standing setled maintenance which the most wise , just , and holy god himself invented , prescribed for his own priests and levites maintenance amongst his own people , when setled by him in the land of promise , and that which all setled christian empires , kingdoms , states , churches generally through the christian world have in all ages pitched upon , as most agreeable to gods will and word , under the gospel , which no ways repeals nor contradicts his own former prescriptions of this kinde in the old testament . . that the glebes , tithes of the priests and levites under the law , were reserved by god himself ( the supreme land-lord of all kingdoms , countries , nations , churches , people in the world , and the special god , lord , king , father , saviour , preserver of his own people ) as * a sacred , holy tribute , rent , portion , and homage due unto himself from poor creatures , servants , vassals ( who are no true proprietors , but only stewards and tenants at will of all the lands , goods , earthly blessings and poss●ssions they enjoy ; the earth being the lords , and the fulnesse thereof , and the corn , wine , cattel , fruits and earthly creatures we possess , not really ours , but gods own , chr : . , to . psal . . . psal . . . psal . . , , , . ezech : . , , . hos . . , . dan. . , . mat : . , . ) the use and possession of which tribute , he allotted to the priests and levites under the law for their maintenance , salary and reward of their labour in his service , for the advancement of his worship , glory , honour , and his peoples spiritual good : reserving the inheritance and right thereof alwayes to himself ; as the premises sufficiently evidence : now god himself to whom alone tithes and glebes were originally impropriated ; ( not to the levitical priesthood ) being unchangeable , without any variableness or shadow of turning , jam : . . psal : . , . mal : . . and jesus christ ( to whom tithes were first paid by abraham in the person of melchisedeck ) having an unchangeable priest-hood , and being a priest for ever after the order of melchisedeck , the same yesterday and to day and for ever , heb : . , , , . c. . . and all christians whatsoever under the gospel , being as much his absolute creatures , vassals , servants , stewards and tenants at will , as the israelites under the law ; and all their lands , goods , earthly blessings , corn , wine , cattel , wealth , imployments , his in right , and not their own , as well as theirs too ; why they should not all render to him the self-same sacred tribute , holy portion , rent , homage of glebes and tithes of all they have , as well as they ( though the levitical priesthood be abolished ) they being so specially reserved and consecrated to him●elf , for the support , maintenance , reward , encouragement of his faithfull ministers under the gospel , imployed in his service for his honour , glory , and their everlasting salvation ; let john canne , and all presumptuous peremptory tith-oppugners , answer me ; yea , this their soveraign land-lord and creator , if they can ; who will one day call them to a st●ict accompt , for detaining this due rent , tribute , homage from him , and may justly dispossesse and strip them naked of all they have for this their ingrate , contemptuous carriage towards him , as he hath done many of late , by fearful fires , blasts , droughts , and other judgments , as well as heretofore , mal. . , , . . that as the gospel it self succeeded the levitical law , baptism and the lords supper , circumcision and the passeover : so the * apostles and ministers of the gospel , succeed the priests and levites under the law in their ministerial function in the church of christ , by gods appointment : their ministry and office being both the same in substance ( even to worship , praise , serve , honour god according to his revealed word , will , and instruct , exhort , direct , guide his people in the way of salvation , and bring them to eternal glory ) though differing in some circumstances of lesser moment , abolished by christs death . it is therefore most reasonable , just , equitable , convenient , they shall receive , enjoy the like setled maintenance by glebes , tithes , oblations as their predecessors did , god having prescribed none other kinde of reward or subsistence for them in the gospel that any can shew me . it is usual in all kingdoms , states , nations , where there are any publick setled offices and officers , for any persons who succeed others in those offices , to enjoy the self-same salaries , houses , lands , fees , revenues as their predecessors lawfully received , unlesse there be some special laws to alter their stipends : this we see verified in all civil , military and ecclesiastical officers ; yea , in the times of greatest publick changes , revolutions that ever befell the nation , those whom most yet call judges , sheriffs , majors , generals , colonels , captains , governors of forts , registers , &c. though their commissions be altered in some things , and themselves in more , do yet receive the self-same salaries , pays , fees , maintenance annexed to their offices , as their lawfull predecessors did ; yea , to come closer home , all our protestant ministers , since the reformation of religion , have generally enjoyed the glebes and tithes ( as the parishioners enjoy , frequent the churches , possesse the houses , inheritances , ) which their popish predecessors did before them ; though the one of them ( just like the levitical abolished priests ) made it their chiefest businesse and part of their calling to say masse , and offer an unbloody sacrifice ( as they falsly termed it ) on their altars both for the quick and dead ; and the other , who succeed them , make it their principal work to preach the gospel , and administer the sacrament according to christs institution . since then the ministers of the gospel succeed the levitical , as well as the popish priests , as the gospel doth the law , and the christian sacraments the jewish ; and we , with all converted gentiles engraffed into jesus christ and the church of god , succeed the jews , who were broken off from their own olive tree , that we might be ingraffed in their places , who now partake of the root and fatnesse of their olive tree ; as the apostle resolves , rom. . , to . why the ministers of the gospel should not likewise succeed the levitical priests ( as well as the popish ) in the enjoyment of their setled maintenance by glebes , tithes , ( being not meerly ceremonial , as i have proved , nor yet so papal as bishops , deans , and churches lands , in which our anabaptists , army-officers , and tithe-oppugners will yet succeed them without any scruple ) and all believing gentiles , who succeed the believing israelites in gods church , succeed them likewise in the due and just maintenance of their ministers by tithes and glebes , reserved to and prescribed by that true , holy , just and righteous god , who is not only the god of the jews , but of the gentiles also , rom. . . let any rational christian now resolve his own conscience and mine , from grounds of scripture , reason or equity , if he can ; god having given us a land flowing with milk and honey , as fit , as able to render glebes and tithes of all things in kinde to his ministers , as he did unto the jews . it is a received maxim in our law , quod venit in loco alterius est de natura prioris . if this be gospel , as it hath been ever held both law and reason under the gospel ; i need adde no more to this aphorism , to prove the lawfullnesse and equity of our ministers glebes and tithes ( and their continuance as well for the future as heretofore ) by a divine right . . that all christian churches , and pious christians generally throughout the world , from the apostles dayes till now , have unanimously resolved , both in point of piety , justice , conscience , and right reason , that they are bound to consecrate and render unto god the self-same weekly portion of time for his publick worship , as the israelites and jews under the law were obliged to do ; to wit , one day in seven : though they differ in the circumstance only of the day , they observing the seventh day from the creation every week ( in memory of the creation , and gods rest thereon ) for their sabbath , prescribed by special laws ; and we the first day of every week in memorial of our saviours resurection thereon , by the general , moral equity of these laws warranted by apostolical practice only , without any special gospel-precept . let then the whole army of tithe-oppugners render me one dram of reason , or shadow of answer , if they canne , why all christian realms , churches , nations in the world , may not , should not by the self-same rule of piety , justice , equity , proportion continue and render the like proportion of glebes , tithes to god and his ministers under the gospel , as the jews did to him , his priests , and levites under the law ; as well as they render to him the self-same proportion of time for his weekly , publick service , and why payment of tithes , oblations under the gospel to god , ( who gives us both them and the residue of our estates , and encrease out of his own meer free grace ) for the maintenance of the ministers of the gospel , and support of his publick worship on the lords day , should be more judaical , vnchristian , antichristian , superstitious ( as canne and others stile it ) than the dedicating , appropriating of the lords day to gods publick worship , and honour , who hath given and allowed us the other six for our imployments ; when as he might have justly reserved the nine parts of our lands and goods to himself , had he pleased , instead onely of the tenth , as well as the six daies in lieu of the seventh , wherewith he is content ; which d divines usually urge to induce men to the more chearfull sanctification of the lords day , and some scriblers against tithes as well as others . * st. augustin in his . sermon de tempors , thus enforceth this very argument ; and let canne , and all his confederates , reply to it if they can . hear o indevout mortality : know , that all things thou possessest , receivest , are gods , and wilt thou not render to the creator of all things , that which is his own ? the lord god doth not want ; he requires not a reward , but honour , he exacts not any thing of thine , which thou shouldest reserve fund : he vouchsafes to demand , only the first-fruits , and tithe of things : ( which are his ) and doest thou , o covetous wretch , deny him ? what wouldest thou doe , if reserving the nine parts to himself , he had left only the tenth to thee ? this he hath already done , when as thy harvest for want of rain , mildew , and thy vintage through hayl or frost is diminished into a ninth part : o covetous varlet , how dost thou reckon ? the nine parts are withdrawn from thee , because thou wouldest not give the tenth . it is most apparent , that thou hast not given them ; but yet god hath exacted them . for this is the most just custom of the lord , that if thou wilt not give the tenth to him , he will recall the nine , and leave only a tenth part to thee . what if god should say unto thee : man is mine whom i have made ; the earth is mine which thou tillest ; the seeds are mine which thou sowest ; the cattel are mine which thou weariest ; the showrs , and the rain , and the gales of wind are mine ; the heat of the sun is also mine . and seeing all the elements by which the seed , fruits do live and grow are mine , and thou only lendest thy hand , thou deservest only a tenth . but because almighty god feeds , deals most liberally with us , he hath given a most ample gift and reward to him that laboureth , challenging the tenth only to himself , and pardoning all the rest to us . and wilt thou then ungratefully and perfideously deprive him of it , when the year is ended , and the crop reaped ? if any shall presume to doe so , let them read what followes in that sermon , and then sleep quietly if they can . . that all christians under the gospel are bound in justice , equity , con●cience to give their hired servants and labourers their due and deserved wages , and not to detain it from them , even under the gospel , and that by vertue of gods command recorded in the levitical and judicial law : levit : . . deut. . , . approved in the gospel , col. . . and to allow their beasts , oxen that plow and tread out their corn , straw and provender , without muzling up their mouthes , by vertue of a like precept recorded , deut : . . ( twice repeated and urged by the apostle in the new testament , to prove the lawfullnesse of ministers maintenance under the gospel : cor : . , , . tim : . . ) and that without the least suspition of judaism or antichristianism ; therefore they may , and are also bound in justice , equity , conscience , not only to settle glebes upon , but likewise to pay tithes to the ministers of the gospel , as a due wages , hire , reward for their labour in the ministry , as well as the jews did to their priests and levite● , without the least tincture of judaism or antichristianism : since christ himself in the gospel expresly resolvs , mat. . . luke . . and tim. . . that ministers being labourers are worthy of their m●at , hire , and a competent maintenance suitable to their pains and function ; as well as any other hired servants or labourers in the fields , or as our labouring oxen or horses are of straw and provender . . we read it recorded , sam. . , , . that this would be the manner of the king that should reign over the j●ws , that amongst other things , he will take the tenth of your seed , and of your vineyards ; and the tenth of your sheep , and give them to his officers and servants ; in imitation whereof , the kings of england in antient parliaments , and of late times have usually demanded and received by grant in parliament , a d●cime or tenth of the goods and estates of their subjects for their supplies , and likewise a tenth of their merchandise exported and imported for tonnage and poundage , as our parliament records , histories , and rastal in his abridgement of statutes , tithes , taxes and tenths , attest . if then our lawfull kings , princes and governours under the gospel , may justly demand and receive by grant in parliament , the tenth of all our goods , corn , wooll , sheep , estates , merchandise , for their necessary supplies , and the defence of the kingdom ; and some who are no kings , and have engaged against kingship as tyrannical , do the like , without a parliament , taking ( beyond the presidents of the worst of all our kings ) not only a tenth of all our estates , but a double or treble tenth of all mens yearly revenues , estates , & of ministers tithes besides , for the maintenance of themselves and the army , without the guilt of iudaism , antichristian tyranny , oppression ▪ or superstition ; why our faithfull ministers may not likewise demand , receive , enjoy their glebes and tithes , not only granted , but confirmed to them by our ancestors in successive parliaments , from the first planting of the gospel in this nation till the reformation , by all our protestant parliaments since the reformation , and by sundry ordinances in the very last parliament , ( to which some now in highest power gave their cordial votes ) for the preaching , propagating of the gospel , and saving of mens souls , without the like brand of judaism and anti-christianism , let e john canne resolve me when he can ; who most falsly , scandalously , unchristianly brands both the last and all protestant parliaments confirming tithes , for popish , idolatrous parliaments , acting against the lord jesus , and our ministry , for an antichristian ministry ; who certainly was in his cannes or cups , when he writ and published such palpable , scandalous untruths , to the dishonour of our church , parliaments , nation , religion : but such cretians are alwayes lyars , evil beasts , slow bellies : wherefore they need a sharp rebuke , that they may be sound in the saith , tit : . , . he might have done better to excite those to whom he dedicates his pamphlet against those popish priest , monks , friars , jesuits , sent from the pope and rome into england of late , to root out our ministry , and their maintenance , as most opposite to antichristianism , his papal soveraignty and errors , under the notion of anabaptists , dipped jews , gifted brethren , new lights , seekers . but against these he hath not one word ; and why so ? because the dominican and franciscan freers , ( as * mr. selden relates in his history of tithes ) were the first , who made it a gainfull doctrine to teach laymen , that they were not bound to pay their tithes to their ministers , as to whom by any law of god that portion belonged , teaching them to be due only as alms , or as what ex debito charitatis , not ex debito justitiae was to be dispensed ; by this doctrine the mendicams especially often got them to themselves ( like the old * eustathians ) as alms to be arbitrarily disposed of to such as took any spiritual labour , as also made their own detaining of them in lands , out of which they were parochially due , to séem lesse wrongfull . they possessing the people with an opinion ; ( to gain them from the secular priests to themselves ) that the command of tithes was not moral but ceremonial , and not to be performed by constraint of conscience , to the minister : and that out of whatsoever ( lands ) at least was given to any of the four orders of fréers mendicants ( as now to anabaptists and quakers their disciples ) no tithe was in conscience to be deduced for the minister ; as he proves out of the * council of vienna held an. . ‖ pope innocent the th , and richard archbishop of armagh in defens . curatorum : alex. l. . consil . . and william r●ssel a franciscan freer his doctrine condemned in the convocation of the clergie anno h. . as haeretical , and publikely recanted by him at pauls cross as such ; that tithes ( especially personal ) fall not under divine precept , at least that they should be paid to the parochial curate as a due unto him of right , unlesse there were a custom to the contrary ; but that every one might lawfully give them to pious uses at their pleasure ; whereupon these n●w masters and preaching freers , preaching and teaching thus against the old and n●w testament ; were enjoyned by * several councils and synods in their sermons to exhort , inform , and instruct the people without any fraud , to pay their tithes faithfully to their ministers , as dve by the lawes of god and the church , under pain of being deprived of the power of absolving the people from their sins . therefore john cannes , with his confederate anabaptists and quakers new doctrines , invectives , petitions against our ministers tithes , derived from these old and new franciscan mendicant freers now swarming amongst them , is far more truly , really antichristian , than our ministers and their tithes , of which more in its due place . . that god in the levitical and judicial law prescribed laws for warr , and souldiers in the wars , deut. . throughout , and amongst others , v. , , . it shall be , when ye come nigh unto the battel , that the priest shall approach and speak unto the people , and shall say unto them ( for their encouragement ) hear o israel , you approach this day unto battel against your enemies ; let not your hearts faint , fear not , and do not tremble , neither be ye terrified because of them , for the lord your god is he that goeth with you against your enemies to save you . after which , v. . &c. the officers are commanded to make proclamation , that every man , who was fearfull and faint-hearted should go and return to his house , lest they should discourage their brethren ; that they should proclaim peace to every city they came nigh , before they besieged or stormed it ; and if they won it by force , the souldiers should take the spoil thereof unto themselves , and eat the spoil of their enemies , which the lord their god had given them . and by another levitical law the priests were thus enjoyned by god , to pray for , and bless his people , num : . , . &c. on this wise ye shall blesse the children of israel , saying to them ; the lord bless thee and keep thee ; the lord make his face shine upon thee , and be gracious unto thee ; the lord lift up his countenance upon thee , and give thee peace : and they shall put my name upon the children of israel , and i will bless them . if then it be neither jewish nor antichristian , nor superstitious , nor unlawfull for ministers of the gospel to encourage christian souldiers going to battel in the self same manner and form , or to bless them and the people in these very levitical words , as f iohn canne , and all anabaptistical , independent chaplains of the army ( and mr. peters especially ) will grant , who have frequently used the self same or like encouragements and exhortations to the army , receiving good , constant pay for their pains . and if it be neither jewish nor antichristian , nor unchristian for our saintlike officers and soldiers under the gospel , to make like proclamation to cowardly persons , or to proclaim peace to cities , and garisons , ere they besiege or storm them , and if obstinat and won by force to take the spoil and plunder of such cities , enemies to themselves , and eat therof , which i am certain all our officers , soldiers , and their anabaptistical tithe-oppugning chaplains will grant and subscribe to , though thus prescribed by the levitical law , abolished ( as they say ) by jesus christ : then questionless our ministers of the gospel may still receive and enjoy their glebes , tithes , oblations , by like reason , without the least guilt or reproach of judaism or antichristianism , though prescribed to the levitical priests and levites , by the levitical law ; else john canne and others of his fraternity ( professing themselves the only ministers of the gospel , and rejecting all others as antichristian ) must give over their chaplains places in the army , navy , garrisons , and no more encourage nor accompany any soldiers in the wars , or bless the people as aforesaid ; because it was a part of the levitical priests office ( who were also to blow the trumpets in the wars , num. . , to . josh . . . &c. ) prescribed by an abolished levitical law . . that all israelites , jews , both priests and people , were by the levitical law frequently commanded inviolably to perform , keep , pay , execute the solemn oaths , vows , covenants they made to god or men , and no wayes to infringe them , or prevaricate in them , levit. . . num. . , . cap. . , to . deut. . cap. . , , . josh . . , , . cap. . , to . cap. . , to the end . and among other things , we finde their tithes ( vowed to god by jacob , gen. . , , . ) coupled with their vows , as things devoted by them to god by * vow , as well as reserved by law : deut. . . yea , all the jews were obliged by a solemn covenant to bring , pay their first fruits and tithes to god , his priests and l●vites , nen. . , to . will or dare john canne then , or any other tithe-leniers averr , that it is both j●wish , antichristian , unlawfull for ministers and christians under the gospel , in●iolably to observe and perform all those just , lawfull oathes , vows , covenants they have solemnly made to god and men , with hands listed up to heaven ( as some of their persidious horrid violations of them without blush or check of late seems to proclaim before god and all the world ) and to pay those tithes , dues to our ministers , which our ancestors and we by solemn vows and covenants too , have dedicated unto god and his ministers , and never intended by our covenant to abolish or diminish in the least degree , ( as canne perjuriously and absurdly asserts ) but to establish and perpetuate , as the late ordinances for tithes and a●gmentations made by the very prescribers and subscribers of the late solemn league and covenant ( which it seems john canne never took , though he presseth it on others , as his words many have sworn , who i hope will now observe it , import ) both at the time , and since the making , taking of the solemn league and covenant , with the assemblies exhortation for the better taking thereof , authorized by the late parliament , infallibly evidence ? if so ; john canne with his perfidious oath-vow-covenant-breaking , tithe-abjuring disciples must renounce that true and only god , they say they worship in greatest truth and sincerity ; as a jewish , unchristian , antichristian god likewise ( i speak it with reverence and horrour too , for their fuller conviction ) because he alwayes hath been , now is , and will be , a most true , faithfull , oath-observing , covenant-keeping , vow-performing god , who reputes his oathes , vows , covenants , a immutable things , and will never violate , falsifie , forget , or neglect them in the least degree , though made to sinfull , treacherous and perfidious men , psal . . , , , to . psal . . . neh. . . cap. . . psal . . , . isa . . . cap. . . jer. . , . luke . , . and chron. . , . ( a memorable text ) cor. . . whom all those , who own or challenge him to be their god , are peremptorily obliged to imitate herein , else they shall never enter into his holy hill , or dwell with him in his tabernacle , ps . . , , . psal . . , . rom. . , . tim. . . rev. . . and that in this very case of tithes . if not , then why should not tithes , glebes , oblations which our ancestors and wee have vowed and devoted to god , continue and still be paid under the gospel without superstition , sin , antichristianism or judaism , as well as other vows , oaths , and the religious observation of them ? upon these considerations all or most christian kingdoms , states , churches upon the very fi●st preaching and embracing of the gospel amongst them , not only edified churches , chapels for gods worship and publike assemblies , but likewise endowed the ministers thereof with convenient glebes , tithes , oblations , as e●sebius , socrates , scholasticus , theodoret , nicephorus , calistus , the c●ntury writers , baronius , spondanus , with other ecclesiastical historians , and hospinian de origine templorum , prove at large for forein parts ; and our own antientest annalists , with antiqu. ecclesiae britanicae , sir henry spelman conciliorum angl. tom. . and learned dr. vsher , in his britanicarum ecclesiarum antiquitates , manifest for our own nations and realms . now because john canne , out of his learned ignorance , hath newly published in his a second voice from the temple ( or ale-house rather , for which cannes are more proper ) that pope gregory the tenth was the first that ordained tithes to be paid to priests , in the year . and that the customs for paying tithes at this day , were setled upon the kingdom by the popes legates in provincial and synodal constitutions about the time of henry the third , and henry the fifth ; vouching thorp and ridley the civilian to prove it ; i shall give you a brief touch concerning the original of churches , glebes , tithes in this our iland . about the year of our lord . ( as our a historians record ) joseph of arimathea , who interred our saviour , with xi . more disciples , were sent into britain to preach the gospel by philip the apostle , in the raign of arviragus ; who arriving here were courteously entertained by this pagan king , and preached the gospel to him , and his people ; he perceiving the purity of their doctrine , and the holin●ss● of their conversation , gave them twelve hides of land in the isle of avalon ( since called glastenbury ) for to build a church and to support them , ( till this day called and known by the name of the twelve hides of glastenbury ) where they built the first church , erected for gods worship in this isl● , made of wattle and reed , and there continued together preaching the gospel , living upon this their glebe ( now of great value ) which was afterwards confirmed to them , and the ministers of the gospel the●e succeeding them , both by king marius and coilus , next successors to arviragus , whom they instructed in the christian religion , to which they w●re well aff●cted , albeit neither of them , nor arviragus himself proceeded so far as to be baptized , for fear of displeasing their pagan subjects ; though harding in his chronicle , chapter . ( against the stream of our other historians ) writes , that king arviragus himself was baptized by joseph of arimathea . after this b lucius king of britain being converted to the christian faith and baptized with his subjects and many other petty british kings by his example about the year of our lord . by faganus and damianus , sent to him at his earnest request by elutherius then bishop of rome ( long before pope or popery were there erected , or known in the world ) he upon the reception of the faith built and endowed churches throughout his dominions with glebes and tithes , to support the ministry , whence our antient poets thus write of him , lucius in christum credit , christoque dicatas ecclesias dotat , distinctas ordinat vrbes . many of our antient historians adde , that in his time there were flamins , and arch-flamins in britain endowed with great revenues for the service of their idol gods , to whom they had erected so many fair temples ; and that lucius after his conversion , turned these into bishopricks , and three arch-bishopricks , and purging these polluted temples from their idols and heathenish poll●tions , dedicated them to the service of the true god ; which sir henry spelman , bp. vsher , godwin , and the most judicious of our later antiquaries , justly reject as fabulous . after lucius , churches were here and in other places endowed with glebes , and bishops with rich lordly possessions by constantine the great : and about the year of christ . the christians being here and elswhere restored to peace , and freed from persecution by constantine , a began to build and repair those churches which dioclesian and other persecutors had rased to the ground , and to endow them with maintenance for the ministry . in succeeding times , the english saxons , who at their first arival ( being bloudy pagans ) cruelly wasted the british churches , and butchered their ministers , scholars , saints , being converted to the christian faith by augustine , sent hither for that purpose by pope gregory the first , ( who disclaimed that papal supremacy his successors since challenged ) aethelbert king of kent , and his saxons being baptised by augustine about the year of christ . thereupon they began to repair the old ruinated churches , and to build new throughout his dominions ; this b king turning his royal palace at canterbury , into the church of christ , and that city , the seat of his kingdom into a bishops see , and bestowing them on augustine who converted him and his subjects to christianity , whom he made archbishop of canterbury , and endowed wiih large possessions : not long after divers other saxon kings and their subjects being converted and baptized , built and endowed sundry other churches , both with glebes and possessions of good value , and likewise with tithes . and in anno . ‖ aethelwolf king of the west-saxons , considering the perillous times then fallen upon him and his realm , by reason of the burnings of the wars , the plunders of the goods , the devastations of the territories of his kingdom by the most cruel depredations of barbarous enemies , and pagan nations , and the manifold tribulations afflicting him and his people , even to their destruction ; he thereupon summoning a general council or parliament at winchester , in which himself , beorredus king of mercia , and edmund king of east-angles , with all the prelates and nobles of england , were present , did by their wholesom counsel , for redress of these evils , by his charter ( ratified in and by this council ) give the tenth part of all his own lands in perpetuitie to god and his servants , free and exempt from all secular services , and also from all royal tributes , and taxes , great and small , and from all military expedition , building of bridges , and guarding of castles ; that so they might the more diligently powr forth their prayers unto god for him without ceasing , who had in some part thus eased them of their servitude : from which grant of his , sir henry spelman conceives , the parsonage-house , rectory and glebes in every parish of his realm , had their original , though afterwards increased by the munificence of the patrons . and this shall suffice touching the true original and progresse of our churches , rectories and glebes , in the beginning of christianity , both amongst the britains and saxons of this realm . the first law i find yet extant amongst us , for the due payment of all kind of tithes ( in use and being as the law imports , before its promulgation ) was made in the * national council , ( or parliament ) at calchuth in the year of our lord . in the reigns of king oswald and king offa , who by the unanimous consent of all their princes , nobles , and senators , ( as well as prelates , ) present therein , made this memorable decree , touching the payment of tithes , as a right and duty , which they were bound to render to god himself , by his own sacred law , originally given to the israelites , which they deemed obligatory likewise unto them : cap. . ut decimae justè solvantur , usura , iniqua pondera & mensurae prohibeantur : thou shalt bring the tenth part of all thy corn ( or increase ) into the house of the lord thy god , as it is written in the law , ( viz. levit. . . numb . . , , &c. deut. . , . chap. . , . neh. . . not in the popish canons . ) again by the prophet ( not pope ) ( mal. . . &c. ) bring , saith he , all the tithes into the storehouse , that there may be meat in my house , and prove me now therewith , if i will not open the doors of heaven , and powr you out a blessing , that there shall not be room enough to receive it . and i will rebuke the devourer for you , which eats and corrupts the fruit of your grounds , and the vine shall be no more barren in the field , saith the lord. as the wiseman saith in the book of wisdom , ( not the pope ) no man can give any just alms of those things which he possesseth , unlesse he shall first separate to the lord that which from the beginning himself hath appointed to be rendred to him . and by this for the most part it happens , * that he who payes not tithes is reduced ( by gods justice ) to the tenth part of his former estate ; whereupon ( not by any command from the pope , or by his authority ) we command , even with an obtestation , that all be studious to give tithes of all things they poss●sse , quia speciale domini dei est , because it is the peculiar portion of the lord god : and let him live himself , and give alms , of the nine parts ; and we perswade him rather to doe it in secret , because it is written , when thou givest alms do not blow a trumpet before thee , matt. . . after which follow laws against usury , false weights and measures ; for the faithfull performance of vows ; and abolishing the very reliques of all pagan rites ; warranted by the very words and presidents of the sacred scripture . which decrees being recited in a publick council before these kings , and all their prelates , dukes , senators , and the people of the land : illi , cum omni devotione mentis , juxta possibilitatem virium suarum , adjuvante superna clementia , se in omnibus custodire devoverunt : they with all devotion of mind , according to the uttermost of their power , by the assistance of gods grace , vowed that they would observe them in all things ; which they all did with an unanimous voyce , a chearfull minde , and most ready will , ratifying this council with the subscriptions of their names , and the sign of the cr●ss● ( the usual form of those times , before seals were in use . ) this is the first law i finde ( extant in our realm , ) for the due payment of tithes , grounded only on divine precepts , cited in it , not on the popes decree● . true it is , that gregory bishop of ostia , legat to pope adrian , an englishman born , was president in this council , and had a chiefhand in making these laws , by this popes direction , to whom he returned them : but are they therefore popish and antichristian laws , which ought to be now abolished ( to gratifie the present pope & his emissaries the jesuits ) as made against jesus christ , as * john canne most magisterially determines ? if so , then these and our other laws then made against vsury , false weights , measures ( which too many cheating anabaptists use ) heathenish , pagan cusstoms , must be popish & antichristian too , with the law for performing our vows , covenants to god and men , with the very scriptures cited in them , wheron they are grounded , which impudency and atheism it self dares not affirm : if he say they are jewish laws , then the scriptures cited in them must be jewish too ; yea , the very title , and every page of hi● new pamphlet , must be rejected as jewish , as well as jesuitish ; being intituled , and superscribed in every page , a s●cond voice from the temple : the temple being jewish , and abolished as well as tithes , cor. . . john . , . which i wonder this blind zealot against judaism and tithes , had not eyes to see , or brains to consider . now these our predecessors , and many others since , obliging themselves both by vows , laws , and covenants , to pay tithes of all to god and his ministers , as gods peculiar right , and god himself not only enjoyning men in the old testament , not to remove the antient land-marks their fathers have ( duly ) set , prov. . . and to make good their ancestors oaths and vows , ( which oblige their posterity , as gen. . , . exod. . . josh . . . ch . . , to . chap. . , to . chap. . , to . chap. . , to . sam. . , to . sam. . , , , , , . chap. . . chap. . . chron. . . compared together resolve ) but likewise informing them in the new , as a gospel-truth , gal. . . that if it be but a mans covenant , if it be confirmed ( by many successive laws , statutes , curses , excommunications denounced against the infringers thereof in all succeeding ages , as this of tithes , and the churches rights and liberties have been ) no man disannulleth it : by what authority , right , law , reason , justice , conscience or power from god or men , any presuming mortals , at the sollicitations of anabaptists , iesuits , quakers , or atheistical wretches , can sacrilegiously attempt to rob god himself , and plunder his faithfull ministers of this their ancient , just , hereditary , sacred , setled maintenance ( to which our ministers have a far ancienter , better right , title , by all laws of god and man , than they have to their new acquired purchases and powers , ) established , setled on them by particular donors and benefactors out of their own private inheritances and estates , not the republicks , which neither the patrons themselves , nor any others , nor yet the ministers themselves can alienate from the church , ( as their own consciences , judgements must acknowledge , unlesse strangely cauterized : ) let them and canne answer to that * soveraign judge of all the earth ; who will probably judge them here , and shall certainly judge them eternally hereafter for all such detestable robberies , and violent rapines , if wilfully perpetrated and persevered in without repentance after timely admonition , who can quickly strip both them and theirs naked of all their temporal powers , honours , possessions , enjoyments , as he did jeroboam and his sonnes for their turning the priests and levites out of their possessions ; and king ahab with his family for seising upon naboths vineyard , in a violent and unrighteous manner , though coloured over , to delude the people , with an hypocritical fast , and feigned , legal proceedings , kings . we read it recorded of our saviour , luke . , . that when one of the company said unto him ; master , speak to my brother that he divide the inheritance with me : he returned him this answer , man , who made me a iudge or divider over you ? let every person now sollicited by croaking anabaptists , jesuits , quakers , souldiers , or others , not only to judge and divide , but utterly to abolish and take away our ministers necessary maintenance , ( not unnecessary abbots , or prelates , lordly superfluities long since dissipated ) by glebes and tithes , return them the self-same answer ; lest christ himself at the last day condemn them for over-bold intruders into such a supream jurisdiction over his , and his ministers , rights and callings too , as neither god nor man ever yet conferred on them . god himself prohibiting the sale , alienation , substraction of his priests and levites necessary glebes , tithes , and by consequence of our ministers ( as i have formerly observed ) and further informing all his , that it is a snare to a man to devour holy things , and after vows to make enquiry , prov. . . but of this second argument enough , the negative part whereof i shall prove more fully hereafter by way of answer to an objection . . i shall make good the proposition by arguments drawn from the new testament it self , which no wayes contradicts , but confirms the lawfullness of tithes . this i have already proved from heb. . , to . to which i shall refer the reader , and proceed to other texts . i shall begin with mat. . , . & luke . . woe unto you scribes and pharisees hypocrites , for ye pay tithes of mint , and annise , and cummin , and all manner of herbs , and have omitted the weightier things of the law , judgement , mercy , and faith , and the love of god : these ought ye to have done , and not to leave the other undone : ye blind guides , which strain at a gnat , and swallow a camel. in which words our saviour himself , though he denounceth a woe against the hypocritical pharisees , in beeing just and carefull in paying tithes , even of herbs and seeds of all sorts , of meanest value , and yet in the mean time neglecting works of righteousness in matters of greater worth , of charity towards man , and of faith and love toward god himself , straining at a gnat , and swallowing a camel : yet he positively resolves , that they ought not to omit the due and conscientious payment even of these lesser tithes of smallest value , much lesse then of their corn , wine , oyl , flocks , herds , which were of greater worth . and if the scribes and pharisees were no saints , but hypocrites for omitting these weightier duties , though they paid these smallest tithes ; what are these anabaptistical and other sectarian scribes and pharisees , who , not only against all rules of justice and charity towards men , but of faith and love to god ( which they even renounce ) rob god and his ministers , not onely of all their own tithes , small as well as great , but of those tithes which others would willingly pay them , and endevour totally to deprive them of those small rectories , glebes they yet enjoy , and of their ministry too ; and when they have * stript them stark naked of all they have , would eat their very flesh , and burn them with fire ? certainly such are worser and greater hypocrites , than the scribes and pharises , pretending conscience it self , for their most unconscionable dealing in this kinde . such mens throats are so wide , that they can swallow not only camels , but whole rectories , churches , steeples , with their lead , timber , bells , stone , ( to say no more ) for a breakfast ; all tithes in two or three parishes and throughout the land for a dinner , and the publick lands , revenues of the crown ( which should defray all ordinary publick charges for the peoples ease ) for a supper , that they may be supreme , and every one of them like our saviour christ himself , both a priest , prophet , and a king , executing a plurality of these three and other offices , and their callings too all at once , to enrich themselves faster than all other men . this text was much insisted on by ‖ john hus to prove tithes under the gospel to be pure alms , coupling it with the former verse , luke . . but rather give alms of such things as you have , and behold all things are clean unto you ; but certainly the text it self proves , that this referrs only to the washing mentioned in the precedent verses ; not to this subsequent clause concerning their payment of tithes , never stiled almes in any text ; and recorded by matthew , as a distinct woe , and sentence of it self ; without any mention of almes , in the antecedent or subsequent verses : and john hus himself , together with augustine , chrysostom , hierom , and aquinas , ( there cited by him ) from hence conclude ; that tithes are lawfull under the gospel , as well as alms , forsomuch as the gift thereof unto the priest , did not cease in the time of christ : and saint augustine in his sermon , of paying tithes , presseth the payment of them under the gospel , as a duty , by many enforcing arguments , before any popes decretals for payment of them , or that we now call popery , was known in the world . saint ambrose before him doing the like , in serm●ne quadragesimae , cited by gratian , causa . qu. . and st. cyprian before them both . which had john canne either known or considered , he would not , with so much mistaken ignorance and impudence , have damned tithes as popish , &c. and the pleading for them , as a pleading for babylon , and for baal : in his new second voice from the temple of babylon , or baal , which he pleaseth , not of old or new jerusalem . the next gospel text , i shall cite , is that of gal. . . let him that is taught in the word , communicate to him that teacheth him in all good things ; to which i shall subjoyn , cor. . . if we have sowed unto you spiritual things , is it a great matter , if we shall reap your carnal things ? rom. . . and their debtors they are : for if the gentiles have been made partakers of their spiritual things , their duty is also to minister unto them in carnal things . all these three gospel texts resolve , that ministers of the gospel , have a just due and right to a competent , comfortable share in all the goods things , temporal blessings and necessaries for the support of this life , which the people instructed by them , and receiving spiritual things from them , enjoy . and that the people are bound both by expresse precepts in the gospel , and by the rules of common , moral equity and justice , chearfully to communicate and minister such a fitting share of all their good things , and temporal blessings , as a debt and due , unto them , for their ministring to them in spiritual things : which i fully proved in the first proposition ; and impudency it self cannot deny . the sole question then is , what this share or portion ought to be , and who shall determine it in point of difference ? i confesse the apostle doth not decide either of these in terminis , these texts being general , all in the plural number ; all good things ; your carnal things ; comprising all such things out of which tithes , predial , mixt or personal ( as * canonists and lawyers distinguish them ) are or may be paid : wherefore every faithfull christian , every spiritual son of god , and of faithfull abraham , ( whose footsteps , presidents they are to follow , in all doubtful cases , admit this one ) to satisfie his conscience and judgement in this case , must and will resort to the presidents of the eminentest saints in former ages , and gods own prescripts in other expresse texts ; where finding the very father of the faithfull , abraham himself giving , his grandson jacob vowing , and god himself specially reserving , prescribing the payment of a tenth of all good things from and by his own people , for the maintenance of his priests and levites , under the law ; which they cheerfully rendred until and in christs own time ; that the very pharisees and scribes ( though hypocrites ) were so just , as to pay tithes of all ; that christ resolved they ought to do it , and not leave it undone ; and that none before the apostles dayes ever gave lesse than a tenth part : ( as the premises largely evidence ) he must and will necessarily conclude from all these sacred directories , precepts , presidents ; that the ordinary constant standing portion and proportion of all his goods and carnal things here prescribed , and intended by gods spirit , is the tenth part : and in extraordinary cases more , when gods glory , the ministers necessities , the defence or propagation of the gospel require it : and when he shall further read in the gospel it self , that speech of zacheus , the converted publican , luke . . behold , lord , the half of my goods i give to the poor : and how the first converted christians and jews in the apostles dayes , sold their lands , houses , and brought and laid the money at the apostles feet , acts . . his conscience ( which must not guide the word and spirit of god , as most mens consciences do now , but the word and spirit it and him too ) will and must from thence conclude , that he must not give his faithful minister lesse than a tenth part of all ; and in cases of extraordinary necessity , share even half his goods , yea , the price of all his lands and houses , between the ministers and poor saints of god , specially in times of persecution , when as he ought to hide , and feed them too , as godly obadiah did an hundred of the lords prophets in the dayes of jezebel , at his own charge , with the hazard of hi● office and life , kings . . . if any mans conscience in a setled christian realm , state , be so obstinate or froward , as not to submit to the lowest proportion of a tenth , which all ages , and most , or all setled christian realms have unanimously agreed upon , and confirmed by publike edicts , as well civil as ecclesiastical , whereof there are neer thousands in print ; the christian kings and magistrates are to determine all controversies of this nature , and state the just proportion of this debt and duty between the minister and people , where it is not publikely decided , and may justly enforce the due payment of it ( when and where it is determined by positive publick laws ) as a just debt , as they do in all other civil debts , duties , accompts in controversie before them , ( as i shall prove in due place ) even by these very texts , though john canne denies it , in his vox praeterea nihil , p. . to these i shall subjoyn that noted text in the cor. . , . ( which john canne cites by piece-meal , as the devil did scripture , leaving out the principal branch , mat. . . ) do ye not know , that they which minister about holy things , live of the things of the temple , and they that wait at the altar , are partakers with the altar ? even so hath the lord ordained ( this canne omits ) that they which preach the gospel , should live of the gospel . i have urged this text before for proof of the first ; i shall here apply it only to the second propositions confirmation , as to tithes . . then we have here a divine gospel ordinance made by the lord of hosts himself , ( not repealable by any army or powers on earth ) as well as parliamentary ordinances , for the maintenance of the preachers of the gospel : and let canne ( the poorest preacher of the gospel i ever yet knew in england , ( except one of his fraternity , ) who heard him once preach an assize and fast sermon too at chard ) deny our ministers to be able preachers of the gospel , at the peril of his soul , though he denies them to be lawful ministers of christ , and censures them as antichristian and popish : but why so ? because ( forsooth ) they had their ordination from rome ; and by consequence are traytors and felons too , by the statute of eliz. c. . for which they might be legally executed for treason and felony , if the state were not pleased to interpret the statute contrary , as he conceives , to the letter and form of it : ( the words whereof he both curtals and misrecites , just as he did this text ) p. . to doe him and his best friends a kindness , vindicate the lawfulness of our ministers calling against this ordinary slander , and convince him of his grosse mistake , i shall truly recite the statute , thus intituled : jesuites and priests , in england shall depart , and none shall come into this realm . if so , then many dippers , speakers , administrators , members in anabaptistical congregations ; many new-lights and gifted-brethren in separate congregations ; many shakers , quakers , ranters , broachers of new notions , errours , blasphemies , throughout the realm ; many new politicians , levellers , agitators , soldiers in the army , if not some officers ; all the late converted pretended † jews , dipped in anabaptistical congregations ( discovered and known to be disguised iesuites , purposely sent from rome , and the greatest sticklers against our ministers tithes and calling ) must presently depart , and none of them return into the kingdom ( as many have lately done ) or else be executed for traytors ; but why so ? what is their crime , work , imployment here ; and by what marks or fruits shall we know , discover both them and their confederates ? let the words of the statute ( compared with all our late troubles , changes ) resolve the ignorant and incredulous , that there are many such amongst us , and of iohn cannes fraternity . whereas divers persons called or professed jesuites ( these canne wittingly conceals , though the first in the bead-roll , and therfore is a felon by the law ) seminary priests and other priests , which have been , and from time to time are made in parts beyond the sea ; by , or according to the order and rites of the church of rome , ( and when canne can prove that all or any of our ministers were thus made , as he hath confidently averred in print to those , he calls , the higher powers and supream authority of the nation , let them be hanged for traitors and antichristian ministers in good earnest , else let him be hanged in their stead , for this his impudent slander of them all , as well independents as presbyterians : ) have of late years come and been sent into this realm of england ( and were any of our ministers such , and not rather canne himself , coming hither from amsterdam for the purposes following ) and other the queens dominions of purpose ( as it hath appeared , as well by some of their own examinations ( now out of date ) as by divers other manifest means and proofs ( more visible of late years than ever ) not only to withdraw her highness subjects from their due obedience to her majesty , but also to stir up and move sedition , r●bellion , and open hostility within the same her highness realms and dominions , to the great endangering of the safety of her most royal person , and to the utter ruine , desolation and overthrow of the whole realm ( now effected as a realm ) if the same be not the sooner ( and now pray god it be not over-late ) by some good means foreseen and prevented . for reformation whereof , be it ordained , &c. that all priests and jesuits ( canne cannot spy such good friends within the act , but deletes them out of it ) seminary priests , and other priests whatsoever , made and ordained out of the realm of england , &c. shall depart the realm under the penalties therein mentioned . had canne pressed this statute to those he dedicates his pamphlet , for the speedy execution of it against those many jesuits and seminary priests now in england , for their traiterous practices and designes therein mentioned , of late , and now driven on and almost compleated by them , it had been a commendable zeal ; but not to write one word or syllable against these romish vermine , arch-engineers and janizaries of the romish see , now swarming among us , to ruine our protestant kings , kingdoms , parliaments , laws , liberties , church , ministers , ministry , religion , and foreign protestant kingdoms , states , churches now engaged by them in bloody warres , both by land and sea ; and to omit the very name of the jesuits ( the first popish agents mentioned and chiefly intended in this act ) and presse it only against our ministers calling , ministry , tithes , maintenance , of purpose to ruine them and theirs , and by consequence our church and religion ( the designe and scope of his whole pamphlet ) is such a malicious , unchristian , antichristian practice , as proclaimes him to all the world , either a new converted jesuit , or romish factor , under the garb of an old anabaptist , or an over-grown cankered anabaptist , void of piety , honesty , inspired by the very * father of lyes . for not one of our english ministers i know or hear of ( except two or three jesuits , and popish priests crept into livings in staffordshire and elsewhere very lately , i know not by whose favour or negligence ) was ever ordained by any such jurisdiction or authority , as is here mentioned ; which all our ministers ( and their ordainers too , whether prelates or presbyters ) particularly and publickly abjured , both at the time of their respective ordinations and admissions to their benefices , and likewise when they took any degree of learning in our vniversities , by the two known famous oathes of supremacy and allegiance , purposly made and ratified by * sundry , zealous , protestant parliaments against the usurped papal jurisdiction and authority of the see of rome , and the popes , jesuits , papists practices , to blow up , destroy our protestant kings , parliaments , laws , liberties , religion , and subvert our kingly government , whole state and commonwealth , and for the better discovering of them ; yet lately suspended , abrogated , as dangerous unlawful oathes , by some of cannes good friends , who would be reputed zealots against the popes iurisdiction and his creatures too : now how those ministers of our church , who thus abjure the iurisdiction of rome , at the time of their very ordination , ( and their ordainers too , before them ) and since have done the like in their solemn league and covenant , can without the highest slander be said to derive their ministry from it ; ( and that by canne and his iesuitical , anabaptistical fraternity , who never took one of these oathes , or the covenant ; and revile , repeal them as unlawful out of love to the popes jurisdiction , jesuits , priests , their jesuitical , treasonable conspiracies , treasons , practices , or for want of zeal against them , ) let the world and this slanderers own conscience ( if he have any left ) now determine . besides , who knows not ( but this ignoramus ) that the rites and ceremonies of ordination in the church of rome , recorded at large in ceremoniale , & pontificiale pontificum romanorum , and the ends of ordination likewise ( viz. to say masse , create their creator , offer up christ in sacrifice at the altar to his father , invocate saints , adore images , yield canonical obedience to the pope and his supremacy , &c. ) are far different from the form and ends of our ministers ordination in the church of england , prescribed by the parl. of . & . ed. . c. . ratified by the statutes of eliz. c. , . eliz. c. . eliz. c. . and eliz. c. . ( made only by protestant parliaments ) which as they particularly condemn , renounce the popes power and jurisdiction ; so they declare and resolve , our ministers ordination to be lawfull ; and them * in very deed to be ministers , and rightly made , ordained and consecrated , according to gods word , without any derivative power or ordination from the church of rome ? therefore for this new old pander for the whore of rome to averre , they receive their ministry and ordination thence , is a notorious ly. yea , but saith he , francis mason of consecration , and mr. yates in his modell of divinity prove and confesse , that the ministry of the church of england ( established by the law of the land ) is derived from the pope and rome . true , but in what sense ? onely by way of succession , as his own ministry and faith ( if he hath any ) were derived from john of leyden : or just as our bibles , religion , baptism , churches were derived thence , and all now living with canne himself , derived from popish ancestors , ( many even from popes , popish priests , prelates , friars , ) by natural generation , as their surnames discover . god used the * popes of rome and their instruments to convert the britains and saxons from their paganism to the christian ( not papal or roman ) faith ; which through gods mercy hath continued amongst us ever since ; yet mixed of later times with manifold popish errors and superstitions . these errors , superstitions , our godly martyrs , and by them our kings and parliaments discovering , did thereupon by special acts of parliament abolish , as derived from the church of rome , together with the * popes usurped power , and gain , which they served only to support ; retaining only the scriptures , sacraments , soul-saving doctrines , thence derived by succession onely ( but authoritatively , originally from god and christ himself ) with such godly , orthodox bishops and ministers , who though first ordained in the church of england when popish , did yet renounce all her popish errors , corruptions , with the popes supremacy , and all popish additional rites to the form of their ordination and baptism : ( which made neither of them void in substance , no more than their annexing of the apocrypha to the canonical scriptures , made them uncanonical . ) these afterwards ordained other bishops , ministers without any popish rites , in such manner as the gospel prescribes : which mr. mason , mr. yates and others prove against the papists , to be a lawful ordination , though not made by the popes authority , nor according to former popish ceremonies . in this sense onely , they write the bare succession , not the office and calling of our ministers ( as this woodden canne mistakes ) was derived from the church of rome ; but their ministry it self from christs own institution . and if this makes them popish and antichristian , then all our protestant kings , parliaments , magistrates , judges , officers of all sorts must be popish too , if not paganish , because their predecessors were such : and all officers , souldiers of the army , and anabaptistical saints too , who have purchased any lands , rents , revenues of abbies , priories , archbishops , bishops , deans , chapters , archdeacons , must likewise be both antichristian and popish ; because their predecessors , who first enjoyed , and from whom they do derive them , were such , at least in their and cannes repute . i hope therefore , they will all now renounce these their purchases to avoid the guilt and high scandal of popery and antichristianism ; or disclaim this second , loud-lying voice against our ministers and their ministry , as a voice only from a prophane empty canne ; not from a sacred temple , or gods holy spirit . but to return from this necessary digression , touching the lawfulness of our ministers calling , unto their tithes ; we have secondly in this text , cor. . , . a gospel ordinance for their very tithes , confirmed by the old levitical law , and grounded on its equity . but how doth this appear ? by these emphatical words ; even so hath the lord ordained ( in the preterperfect tense ) that they which preach the gospel , should live of the gospel ; but where hath the lord ordained this ? the apostle thrice resolves expresly , that he hath done it in the levitical law , v. . for it is written in the laws of moses ( deut. . . ) thou shalt not muzzle the mouth of the ox that treadeth out the corn ; doth god take care for oxen ? or saith he it altogether for our sakes ? for our sakes no doubt this is written : that he that ploweth should plow in hope , and he that thresheth in hope , should be partaker of his hope ; which he again recites , tim. . . if this precept concerning the meat and maintenance of oxen only in the letter , though part of the levitical law , was doubtless written for , and really intended of the ministers of the gospels food and maintenance , and in full force under the gospel , as the apostle clearly resolves ; then a fortiori , the precepts of the law concerning the food and livelihood of gods priests , and levites under the law , by glebes and tithes , not purely ceremonial ( as i have already proved ) must doubtlesse be intended of them , and be in full force likewise in their natural , equitable sence and proportion , in relation to their livelihood for preaching of the gospel ; there being a greater analogy , proportion between them and preachers of the gospel , than betwixt them and oxen. to put it out of doubt , he subjoyns ; do not ye know , that they which minister about holy things , live of the things of the temple ? and they which wait at the altar , are partakers with the altar ? to wit , by gods expresse ordinance in the levitical law , which ye know , and therefore i need not particularly cite the words , as i did the other , of not muzzling the ox , &c. which were more obscure , and needed my former paraphrase on them ; but thus mind you of them in the general : and then he inferrs and subjoyns : even so hath the lord ordained ( to wit , by the very natural , moral equity of the lawes , ordinances he made for the priests and levites maintenance by tithes , glebes , and free-will-offerings , for officiating in the temple , and at the altar under the law ) that the preachers of the gospel ( who now succeed , and supply their places , though in different services in the churches of christ under the gospel ) should live of the gospel ; even so fully , comfortably , and in such sort , as they did under the law : or at least by this gospel text , superadded to them by gods spirit . to make this out more fully , and clear it from the censure of judaism , take notice of these four particulars . . that in the holy ghosts gospel phrase and language , there is a temple among and for christians under the gospel , as well as among and for the jews under the law , ( else cannes voice from the temple , if there be no such place , must be thus amended in his next edition : a voice from the canne or alehouse ) and that this temple is nothing else , but the church and saints of christ , cor. . . cor. . , . chap. . . ephes . . . thess . . . rev. . chap. . . chap. . , , . chap. , . chap. . , , . chap. . , . compared together . . that christians under the gospel , have likewise an altar as well as the jews , though different from theirs , heb. . . we have an altar whereof they have no right to eat which serve the tabernacle ; oft mentioned , rev. . . chap. . , . chap. . . ch . . . yea coupled with the temple , rev. . . rise , measure the temple of god and the altar . . we have sacrifices to be offered in this temple on the altar , as well as the jews in theirs . . the sacrifice of prayer , rev. . , , . . the sacrifice of praise , heb. . . . the sacrifice of charity , alms and good works , heb. . . . our own bodies , which we must present as a living sacrifice , holy , acceptable unto god , by serving him according to his word , as rational men , not beasts , that were both slain and sacrificed under the law , rom. . . . we have priests likewise to offer up these spiritual sacrifices , pet. . . rev. . . chap. . . chap. . . and these are three . . every sanctified christian , who must offer up the sacrifices of prayer , praise , alms , and his own body to god , in his private closet and family . . the ministers of the gospel , who must continually offer up these sacrifices in the peoples behalf , in publick here on earth , in the temple , for which we are to render them , not only tithes and glebes , but a free-will-offering of bounty and charity besides , a sacrifice acceptable and well-pleasing to god , phil. . . . christ jesus himself , our altar and high priest too , now sitting in heaven , heb. . . cap. . . c. . , . c. . . c. . . c. . , , , , , . c. . . c. . . and if christians have thus even under the gospel a temple , an altar , spiritual sacrifices , priests to officiate in , at them , and offer up these sacrifices to god in publike , as well as the jews ; why the priests , who minister about holy things in this evangelical temple , wait continually at this spiritual altar , offer these spiritual sacrifices publikely unto god thereon , administer the sacraments , blesse the people , and preach the gospel likewise to them ( as the jewish priests and levites did teach , instruct and bless the people in the law , and kill the passeover , chron. . , , . c. . , , . cap. . , . cap. . . ezra . . neh. . , to . numb . . , , . ) should not receive both glebes , tithes , and voluntary oblations from the people , as well as the priests and levites did under the law , by vertue of the self-same levitical law of god , by which they claimed them ( they being both the priests of the self-same god , and both executing the self-same priestly office in a different manner , and that by the apostles own argument , intention , and positive resolution in this gospel text ) let canne and all other oppugners of their tithes resolve me and others , from as clear gospel texts as these i have here alleged , and others formerly insisted on in the first proposition , or else yeeld their cause for ever lost . i shall cloze up all with two other gospel texts , most urged and abused by those now in power in their own cases , who most of all forgot , transgressed , oppugned them heretofore in other mens . the first is , pet. . , . submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreme , or unto governours , &c. the second , rom. . , . let every soul be subject unto the higher powers , for there is no power but of god : the powers that are , are ordained of god ; whosoever therefore resisteth the power , resisteth the ordinance of god ; and they that resist shall receive to themselves damnation . that these two scriptures extend only to lawful hereditary , or elective kings , governours , higher powers , and that in their lawfull commands , alone ; not to usurpers , tyrants , invaders of the peoples rights , laws , liberties , properties , lives , ( who may and ought to be resisted , as well as any other theeves , robbers , invaders , murtherers whatsoever ) i have largely proved in my second part of my soveraign power of parliaments and kingdoms ( authorized by the commons house of parliament ) p. , to . to which i shall referr the reader for satisfaction , not being the point in issue , to which alone i shall apply them . in the former text last insisted on , we had an ordinance of god himself for the maintenance and tithes of the preachers of the gospel : here we have , two gospel commandements to submit to every ordinance of our lawfull governours , and higher powers ( agreeable to gods ordinances , or not repugnant to them ) for the lords sake , & not to resist them : for though the ordinances themselves be made but by men , and in that sence stiled , every ordinance of man ; yet the powers that make them , are ordained of god ; therefore those who resist them in their humane ordinances , though but in humane things , do therein resist the very ordinance of god , especially in things divine , commanded by and approved in gods own sacred word . now the maintenance of gods ministers by tithes , is an expresse ordinance of god himself , both before and during the law , and under the gospel too , prescribed , warranted by all the forecited texts : and there are infinite * laws , statutes , decrees , canons , ordinances of just and lawfull christian emperours , kings , governours , parliaments , states , councils , synods , and all higher powers , as well civil as ecclesiastical , in all christian kingdoms , states , churches , especially in our own , for the establishment and due payment of them to the ministers and preachers of the gospel : therefore they are duely , constantly , chearfully to be paid unto them by all christians and professors of the very gospel , and cannot , may not be oppugned , detained , substracted , resisted by john canne or any of his confederates , nor abrogated by any pretending to power ordained by god , without resisting the ordinance of god himself , yea fighting against him ; as these texts and acts . . resolve . for which they shall receive to themselves damnation , though they dream ( as many now do ) they should merit heaven and salvation too , by substracting , subverting both tithes and ministers , even by open armed violence , if they cannot accomplish it by jesuitical policy , and pious frauds . and thus much for the confirmation of the second proposition by scripture texts and presidents . for humane authorities , that tithes are lawfull and due to ministers by a divine right even under the gospel , i could cite very many , were i * near my library and books as heretofore , but being far distant from them , i shall trouble you onely with a catalogue of such as i have by me , or remember : * fathers of this judgment and opinion you may peruse origen homil. in numeros , c. . st. ambrose in sermone quadragesimae , cited by gratian causa . qu. . st. hierome on mal. . and st. augustine de tempore serm. . de reddendis decimis tom. . both cited by gratian causa . qu. . for councils , you may peruse concilium rothomagense & magotiense in gratian causa . qu. . concilium matisconense . anno . concilium apud solemanum anno . synodus rothingue anno . concilium trecense anno . ( which resolves , decimae fuerunt à deo primitus institutae ; & praecipiuntur solvi tam de veteri , quam de novo testamento ) synodus lingonensis anno . synodus turonensis anno . concilium tridentinum & tholosanum , anno . which decree , that the payment of tithes , divino jure cautum est , sacrisque utriusque testamenti libris confirmatum . all these collected together by bochellus decreto ecclesiae galicanae l. . tit. . de decimis , concilium tridentinum , sessio . . c. . the council of orenth an. . with many more recorded in binius , surius , crab , caranza , merlin , syrmond , and other collectors of the decrees of councils , resolve , tithes to be due to the ministers of the gospel by divine right , ratified both by the old and new testament . for forein popish a authors , aimericus bishop of poitiers in france in a synod there held , anno . enjoyned all chaplains on lords-dayes and holy-dayes diligently to declare to the people in time of masse , and likewise in their sermons under pain of excomunication , qualiter ex praecepto divinae legis , quilibet catholicus tenetur solvere ecclesiae decimas de omnibus licitè acquisitis : gratian the canonist causa . qu. . & . with john thiery , and other glossers on his text ; the clergie of the diocesse of b paris & troyes in france , mentioned in an edict of h. the . of france , an. . & of the clergy of poissy , recited in an edict of charls the . an. . for payment of tithes , as introduced & instituted by divine right . hostiensis in his summa aurea , angelus de clavasio in his summa angelica : baptista tuvomala , in his summa rossella , tit. decimae ; innocentius , res . de decimis , albertus pius carpensis , rebuffus de decimis , tyndarus in his special tract de decimis , printed at colen anno . and generally all other canonists . alexander alensis summa theol. parte . qu. , , . richardus de media villa in lib. . sentent . distinct . . and most other c schoolmen on that place . aquinas . . quaest . . with most commentators on him , there assert , that tithes are even at this day due to ministers , iure divino , in quantum sunt à jure naturali & morali , but not as they were ceremonial . popish old and new expositors , commentators on gen. . & . levit. . chron. . neh. . & . mal. . mat. . luke . rom. . cor. . gal. . . thes . . heb. . tim. . are all of the same opinion , and most protestant expositors likewise . yea st. briget in her revelationes extravagantes , cap. , . will resolve our female quakers ( who now pretend to immediate extravagant revelations as well as she ) that those do spoil christ himself of his right , who do not pay tithes to him and his ministers ; and that by a revelation from christs own mouth . therefore the jesuits , popish priests , papists activity , business now in declaiming against english protestant ministers tithes as popish and antichristian , against the decrees , resolutions of all their own councils , canonists , casuists , schoolmen , expositors , popes , can proceed from no other ground but a malicious design to subvert , starve , ruine our protestant ministers for want of maintenance , and thereby to extirpate our religion to advance their own in its place , and then they will cry and set up tithes again as much as ever . the judgement of forein protestant divines concerning the divine right of ministers maintenance , and that by tithes where setled , and the sacrilegious impiety of those , who would rob them of it , you may read in their commentaries and expositions on the texts forecited . let learned nicholas hemingius speak for them all in his words already cited ; and in his exposition on gal. . . p. . dicit scriptura , bovi trituranti non obligabis os . et dignus est operarius mercede sua : indignissimus igitur christiano nomine censendus est , qui ministros evangelii totius ecclesiae curam gerentes negligit . bestia quavis immanior est ( let canne and his confederates remember it ) qui eos odio prosequitur & proscindit , quorum ministerio ad salutem , & immortalitatem invitatur . sed proh dolor ! bona pars mundi ( and never so much as now ) huc incumbit , ut potius aliquid adimat ministerio , quam addat , tanta est ingratitudo & perversitas , etiam illorum , qui sacrilege audeat gloriari de christiano nomine . horum sanè factum , nihil differre arbitror à sacrilegio & latrocinio , cujus poenas olim luent architecti et fabri hujus mali . non est quod quisquam quaerat subterfugia , quibus se excuset , cur minus sit liberalis erga ministros evangelii : oculos quidem hominum fallere potest ; sed deus non fallitur , in cujus contemptum alia atque alia praetexunt ingrati . hic tres loci observantur : primus , quod victus et alia officia debeantur oeconomis mysteriorum dei , seu catechesis . secundus , quod perniciosus error fit , non prudentia , defraudare ministros sua debita mercede . tertius , quod spiritus sanctus in paulo interpretetur , derisionem majestatis divinae esse negare victum et alia officia verbi doctoribus . i shall subjoyn to him these memorable seasonable passages of ‖ huldricus zuinglius , in his brevis pastorum isagoge ; where he resolves thus . quotquot ergo hac tempestate nostra divini verbi patrocinio , et falso praetextu confisi debitos census et decimas , et alia hujusmodi quae justis legibus solvere jubentur , negare instituunt , omnes hi hujus praecepti sententia damnantur , quo monemur , ne quis furtum faciat : quin hoc ipso reliquis furibus pejores sunt , quod furto suo praetextum quendam et patrocinium ex christi doctrina adducere conantur . quod si eo res redigatur , ut debita singulis impune negare liceat , et nulla legitimi magistratus cura sit et ratio , nullus denique honestarum legum respectus , quis non videt quanto tutius fuerit cum immanissima turcarum gente , quam cum hujusmodi hominibus omnis aequitatis et justitiae negligentibus conversari ? nec enim ulla potest in deum dici blasphemia atrocior , nulla enim re magis ipsius nomen infamari , quam si hujusmodi fraudes et imposturas nequissimas , nominis illius praetextu , et religionis titulo defendere conemur . let our anabaptists , quakers , tith-detainers , consider and tremble at it . in his book * de duplici justitia , divina & humana : treating of tithes and their diverse kinds , he concludes thus . de istis vero decimis , quae spiritualium vel clericorum ( ut vocant ) sunt , vel illorum aere redemptae , constanter affirmo , eas omnino reddendas esse , quamdiu magistratus has solvere jubet . quin et illud magistratui licere dicimus , ut si inobedientes , et has solvere nolint , justo imperio ad harum solutionem cogat . decimarum enim translatio communi magistratuum consensu instituta est , et juxta decimam aestimationem omnes fundi , agri et praedia vel vilius vel carius quoque divendita et empta sunt . quisquis vero contra communem illum legitimi magistratus consensum ex proprio animi sui arbitrio et consilio privato decimas negaverit , magistratui resistit quisquis talis est , qui vero magistratui sese inobedientem exhibet , deo quoque resistit , ut superius abunde satis demonstratum est . he concludes thus , singulorum officium est decimas juxta magistratus sententiam et decretum exolvere ; nec enim quisquam hominum privato et violento consilio quicquam hic tentabit nisi furum et raptorum iudicium subire cupiat . learned gulielmus stuckius , antiquitatum convivalium l. . c. . de decimis , stipendiis , atque salariis eorum qui ecclesiis praesunt ; proves from the example of abraham and vow of jacob , consuetudinem decimas dandi etiam ante legem fuisse usitatam . veresimile etiam est ethnicos ab illis commemoratis exemplis tritum illud suum et usitatum praedae , spoliarum , et quicquid ab hostibus captum est , decimam jovi caeterisque diis vovendi solvendique morem traxisse , cujus multa sane illustria exempla extant apud alexand. ab alex. l. . genial . c. . then he shews how god prescribed them to the levites and priests , that the payment of them continued in christs time , and was revived by christian emperors and magistrates , as constantine , charles the great . concluding thus . ut ergo impie agunt illi magistratus , qui bona ecclesiae dicata ad se rapiunt , vel ad alios usus transferunt : ita impii et sacrilegi sunt privati homines , qui non modo nihil pro suis facultatibus conferunt ad ministri ecclesiastici et scholarum conservationem , sed decimas et census devitos , jam antea ecclesiae dicatos , vel omnino non solvunt , vel non ea , qua par est fide , &c. itaque mirum non est multa quotidie cum privata , tum publica mala , annonae praesertim caritatem ingruere , cum decime ali●que census ad ecclesiarum scholarumque conservationem pertinentes , vel negantur , vel maligne persolvantur . for our own domestick councils , parliaments and writers judgements herein ; * egbert archbishop of york in his excerptions about the year of christ , an : . c. . , . the national council of calchuth under king oswald and offa , ann . . c. . forecited . the famous council of grateley , under king athelstan , ann . . cap. . de decimis sollicite reddendis . odo archbishop of canterbury in his constitutions , ann . . c. . de decimis reddendis . the canons under king edgar , about the year . can. . the ecclesiastical laws of king aethelred , ann . . cap. . the ecclesiastical laws of edward the confessor , c. . confirmed by william the conqueror . the popish schoolmen , canonists , and commentators on the texts forecited , ( whose names i pretermit ) the ‖ convocation of england , an . h. . and the petition of the english clergy in parliament , e. . rot . parl. n. . resolve in positive terms , that tithes are due to god and his ministers under the gospel , by divine right . the same is asserted by divers of our protestant divines , particularly by dr. george carleton , in his treatise intituled , tithes proved to be due by a divine right , printed at london . by dr. william sclater his ministers portion . by richard eburne his maintenance of the ministry , london . by richard mountague , in his diatribe on the first part of the history of tithes , london . by robert tileslee his animadversions on mr. seldens history of tithes , london . mr. samuel purchas in his pilgrimage , l. . c. . with sundry others . and though one or two english writers are of a different opinion , yet they all accord , that being setled by our laws , they are duely to be paid , even in point of justice and conscience ; that they are not simply unlawfull ; but a just and fitting maintenance under the gospel , which mr. selden in his history of tithes & review thereof doth affirm , and no wayes oppose : seeing then all these , with the laws of sundry other kings , nations , and authorities of all sorts , conclude them to be of divine right , and conclude it both a grievous sinne and sacrilege against god to substract or abolish them ; and those who oppugn their divine right under the gospel , do affirm , it is no sin , but a bounden debt and duty to pay them , as settled by humane grants , donations , vows , laws , canons , constitutions , prescriptions time out of minde ; how any bearing the name of christians , can or dare with open face oppugn , detain , or attempt their total abrogation now , as jewish or antichristian , i referre it to their own consciences , and others resolutions to determine . i shall answer one grand objection against ministers tithes under the gospel ; and so cloze up this chapter . neither jesus christ himself , nor his apostles , nor the ministers of the primitive church for two or three hundred years after them , received tithes for preaching the gospel , but lived onely upon the peoples alms and voluntary contributions . therefore the ministers of the gospel likewise after them ought to receive no tithes of the people for preaching the gospel , but to live upon alms and voluntary contributions , as they did . this was william thorps chief argument against tithes , fox acts and monuments , vol. . p. , . who addes , that those priests , who will challenge or take tithes , deny that christ is come in the flesh , and do the priests office of the old law , for whom tithes were granted , for else priests take now tithes wrongfully ; citing this , not as his own , but a doctors opinion , whose name he remembred not , but thought it was st. jerome ; ( or rather st. canne ) in his new voyce , p. , , . who delivers this for orthodox doctrine ; which st. a jerome directly contradicts , with all other antient doctors i have read . answ . to this i reply , . that christ and his apostles lived amongst the jews , who at that time were obliged by gods own law to pay their tithes only to such priests and levites as were of the tribe of levi , of which tribe christ and his apostles were not ; therefore they challenged not tithes from them , heb. . . to . . they then paid their tithes duly to their priests and levites ( mentioned john . . ) for which christ commended them , resolving they ought not to omit it , mat. . . luke . . ch . . . therefore it was no reason they should pay them over again to christ or his apostles ( no more than papists , who pay tithes in kind against their wills unto our ministers , though not to their own priests , but only voluntary contributions ) whiles their priesthood stood in force , which they generally submitted to . . the total abrogation of the levitical priesthood and ceremonies by the death of christ , was not certainly known to , nor resolved by the apostles and believing jews or gentiles , till some years space after our saviours ascension , as is evident by acts . in the great case of circumcision , about which there was a synod assembled ; by pauls circumcising timothy after this , because of the jews , acts . . his purifying himself , and shaving his head after the jewish manner , many years afterward , acts . , to . which he being a jew , was obliged even then to observe to avoid scandal , but not the gentiles . therefore tithes amongst the jewes upon this account , were then still paid to their levitical priests , not to the apostles . . though christ whiles on earth , received no tithes from the jewes , yet he had a just right , title to tithes from abraham and all his posterity , yea from the levitical priests themselves ( especially after their abolition ) as he was a priest for ever after the order of melchisedeck , to whom abraham himself and the levites then in his loins paid tithes of all , heb. . , to . ( of which at large before : ) therefore he had a just right to receive tithes from them , both before the institution , and after the abolition of the levitical priesthood , which he might have lawfully claimed , exercised , and his apostles likewise in his right , though they did it not . we read that christ had a just right , title by inheritance , and lineal descent from his father king david , to the temporal crown and kingdome of judah ; being therefore said by the wise men , mat. . . to be born king of the iews ( an unanswerable argument for the lawfullnesse , excellency of hereditary titles to crowns and kingdomes , before that of election only , wherewith i frequently silenced vapouring souldiers against hereditary kingship , being the very title of christ himself , both to his a spiritual and temporal kingdome , and that which b god instituted amongst his church , people , as the best , surest of all other , c taken up by most heathen nations ; ) now though christ neither claimed nor exercised this his temporal right , but avoided it , when the people would have made him king by force , john . . who yet after cryed him up for the king of israel , john . , . which even pilate himself acknowledged , when he said unto the jews behold your king : demanded of them , shall i crucifie your king ? and wrote , fixed this title on his crosse , iesus of nazareth king of the iews , john . , , . will , or can john canne , or any other of his antimonarchical confederates , hence justly infer ; that it was unlawfull for christ himself , right heir by descent to his hereditary temporal kingdome , kept and thrust out thereof by usurping herod ( who murthered all the infants in bethlehem , and the coasts thereof that were two years old and under , and would have murthered our saviour himself to secure his own usurped power , mat. . , . such is the bloody cruelty , jealousie of usurpers , ) to have claimed or exercised this his just , hereditary right to the crown ? or unlawfull for the people to have thrust out this bloody intruder herod , by force from his usurped authority , and made christ king as they intended ? or because christ did then voluntarily forbear , relinquish his temporal right to herod , will it thence necessarily follow , that it is therefore unlawfull , for any other hereditary christian king , or right heir to a crown , kept from , or thrust out of his throne , kingdome by armed violence , against the generality of his peoples desires , by any aspiring , usurping herod , to lay claim to his crown , kingdome , or for the faithfull , natural born subjects , according to their duty , oathes , allegiance , to endeavour by all lawfull means , and open force to expell , dethrone such herods , and crown , set up their lawfull soveraign on the throne of the kingdome ? doubtlesse they cannot be so absurdly stupid , to affirm it ; seeing jehoiadah the high priest , the captains of hundreds , levites , souldiers and people too , thrust out and slew with the sword athaliah ( the bloody usurper of the kingdome and throne of judah ) in the second year of her usurpation , crowned joash the kings son , king , as the lord had said of the sons of david , and set him upon the throne of the kingdome : whereupon all the people of the land rejoyced , and the city was quiet : as is recorded at large to their eternal honour by god himself , and for others imitation in the like case , chron. . and kings . the rather , because all other men by our laws may justly lay claim to , and repossesse themselves of such lands , houses , goods , as others forcibly detain or take from them against all law , right , notwithstanding christs non-claim to his rightful crown : therefore by the self-same reason our ministers of the gospel now may lawfully challenge and take tithes from the people , though christ and his apostles did it not , albeit they had a just right and title to them , which they might have exercised had they pleased without sin , or judaism , as our ministers do now , as paul resolves in cor. . , , , , . to clear which right from judaism and all other cavils beyond all contradiction , i shall cite only two prophecies , relating joyntly to christs kingdom , and ministers under the gospel . the first is jer. . . to the end . in those dayes and at that time will i cause the branch of righteousness to grow up unto david , and he shall execute righteousnesse and judgement in the land. in those days shall judah be saved , and jerusalem shall dwell safely , and this is the name wherewith he shall be called , the lord our righteousness . for thus saith the lord , david shall never want a man to sit upon the throne of the house of israel : neither shall the priests , the levites , want a man before me to offer burnt-offerings , and to kindle meat-offerings , and to do sacrifices continually . thus saith the lord , if you can break my covenant of the day , and my covenant of the night , so that there should not be day and night in their season : then may also my covenant be broken with david my servant , that he should not have a son to reign upon his throne , ( therefore our covenants , oaths to our kings , their heirs and successors , should be as stable , as inviolable , and strictly observed , as gods to david and his posterity , ps . . , , . ps . . , . hebr. . , . ps . . . eccles . . . gal. . , . ) and with the levites the priests my ministers . as the host of heaven cannot be numbred , neither the sand of the sea measured , so will i multiply the seed of david my servant , and the levites that minister unto me , &c. the second is isa . . , to . i will gather all nations and tongues , and they shall come and see my glory , and i will set a sign among them , and i will send those that escape of them unto the nations , and to tarshish , &c. and to the isles afar off ( whereof england is chief and principally intended ) and they shall bring all your brethren for an * offering unto the lord out of all nations , upon horses and in chariots , and in litters , and upon mules , and upon swift beasts , to my holy mountain in jerusalem , saith the lord , as the children of israel bring an offering in a clean vessel unto the house of the lord , and i will also take of them for priests and for levits , saith the lord : from which texts i shall observe ; . that as christs title to his everlasting spiritual kingdom under the gospel , over all the converted gentiles as well as jews , is expresly set forth to be neither elective , nor by conquest , but by descent , heirship and lineal succession after the flesh from king david ; whence he is stiled heir of all things , heb. . . and the lord shall give unto him the throne of his father david , and he shall reign over the house of jacob for ever , &c. luke . , . ezech : . , . jer : . , . c. . , , . even as all the regenerated sons of god are by their right of son-ship , and new-birth , in like sort intituled to the kingdom of heaven ( whence they are stiled heirs and inheritors of the kingdom , jam : . . gal : . . rom : . . titus . . heb : . . chap : . . pet : . . mat : . . and this kingdom the inheritance of the saints , col : . . ephes . . , , . pet : . . acts . . an unanswerable argument , that heirship and birthright is the best , surest , justest , honorablest , lawfullest title of all other to crowns , kingdoms , and possessions on earth , being the very title of christ himself to his everlasting kingship , kingdom , and of the saints in and by christ , to the kingdom of heaven it self , and crown of glory ; ) so the seat , throne of this his kingdom , is said to be in zion and jerusalem : ( most emphatically expressed , isa : . . the lord of hosts shall reign in mount zion , and in jerusalem , before his ancients gloriously ) a type of the church of god under the gospel , first planted in jerusalem , and propagated from thence throughout the world , according to the prophecies , isa . . . micah . . whence the church under the gospel is called the new jerusalem , &c. rev. . . chap. . , . gal : . . heb : . . . that the ministers of , and under the gospel , are expresly stiled in these prophecies priests and levites , several times . . that their office under the gospel in a mystical sense , is to offer burnt-offerings , to bake or kindle meat-offerings , to do sacrifices continually , and to minister unto god. . that these priests and levites , should be taken out of the converted gentiles , and isles afar off , whereof our isle was chief . . that these priests and levites should never fail , cease , nor want a man under the gospel , and that god would multiply them as the host of heaven , as well as the seed of david . . that they should convert and bring their brethren for an offering out of all nations , and the isles afar off , to gods mountain and house in jerusalem , as the children of israel used to bring their offerings thither . since therefore the ministers of the gospel in these prophecies are thus expresly stiled priests and levites , and are to offer burnt-offerings , meat-offerings , sacrifices and oblations to god in his mountain and house at jerusalem , &c. under david their king , in an evangelical sence , without any judaism or denying of christs coming in the flesh ; they may undoubtedly in the self-same sence and right , receive all glebes , tithes , oblations , and other dues from christians , and converted jews under the gospel , which the priests and levites did at jerusalem under king david and his successors ; seeing they succeed them in their office in an evangelical sence , according to these prophecies , which as strongly confirm the maintenance of their priestly function , and their tithes , as their evangelical priesthood . . although christ , his apostles , and the ministers of the gospel in the primitive times , whiles the church was in the ‖ wilderness under grievous , bloudy , antichristian kings , magistrates , persecutors , by reason of the present persecution , neither did nor could receive tithes and glebes for their maintenances from the persecuted christians , and therefore were necessitated to live by private contribution , and extraordinary wages in that case of extremity ; yet it no way follows , that therefore all ministers of the gospel afterwards shall and must do so in setled kingdoms , states , nations converted to the faith ; where kings , magistrates , people do all generally embrace , professe the gospel , where churches are established , and ministers glebes , tithes are or may be confirmed by setled laws : which i shall irrefragably prove by these instances . the priests and levites under the law , had no glebes nor tithes at all , whiles the israelites wandred years together in the wildernesse , though they had then ‖ a law , and right to receive them . will the objectors thence inferre , therefore they ought to have no tithes nor glebes when the israelites were possessors of and setled in the land of canaan in peace ; when they enjoyed both without dispute ? . the priests and levites had no tithes nor glebes in the realm of israel under the vsurper jeroboam , and his idolatrous successors , who deprived them of their possessions , cities , suburbs , tithes and priests office too , chron. . , . c. . . therefore the priests and levites in the kingdom of iudah , might not lawfully claim nor enjoy any glebes or tithes , nor ministers under the gospel , nor yet those in israel , under david and solomon , who were no persecutors but patrons of them . . when both these kingdoms with their priests and levites were carried away captives into assyria and babylon , the priests and levites during the years capivity enjoyed neither glebes nor tithes : will it thence follow , therefore they might lawfully enjoy neither , after their restitution to their country , and execution of their priestly function , and the re-edifying of the temple ? as we read they did , neh : . . c. . . c. . , to . whence the people were charged with robbing of god , when they neglected to pay tithes and oblations to them , mal. . , , , . . christ himself , so soon as born , was forced to fly out of his country into aegypt , by bloudy herod , and to remain there till after his death , mat : . , , . after which he complained , that foxes had holes , and birds of the ayr nests ; yet he had not where to lay his head , mat : . . luke . . and at last , he was apprehended , mocked , reviled , crowned with thorns , crucified by the malicious iews and soldiers , who parted his garments among them , and cast lots upon his vesture : the evangelists closing up the tragedy of his passion with this perpetual brand upon the domineering cruel soldiers , these things therefore the soldiers did , iohn . . for which , and for reporting a lye to smother the truth of christs resurrection , the high priest gave large money to the soldiers , matt. . , . will canne therefore hence conclude ; therefore our soldiers now must force our ministers to fly into aegypt till herods death ; leave them neither rectory , personage house , nor vicarige , nor yet so much as a bed , bolster , tithe-hay or straw , whereon to lay their heads ; then nail them to the crosse , peirce their sides with their spears-points , revile , deride them , and at last part not only all their glebes , tithes , goods , but their very garments and gowns between them ? to make them like our saviour . surely if they must and shall do so ; let them beware of another perpetual memento , like the former . these things therefore , the souldiers did : so the souldiers took the money , and did as they were taught , by canne and popish priests and jesuites . . the apostles who succeeded our saviour in those dayes of persecution , were thus handled , by pauls own relation , cor. . , &c. we are made a spectacle unto the world , unto angles and to men : we are fools for christs sake , we are weak , we are despised : even to this present hour , we are hungry and thirst , and are naked , and are buffeted , and have no certain dwelling place , we are reviled , persecuted , defamed ; we are as the filth of the world , and the off-scouring of all things unto this day . if all ministers in times of peace and settlement must be like the apostles , in not receiving tithes ; then they must be like them too even in setled christian kingdoms , states , churches , in all these their particular sufferings ; and have no certain dwelling place , &c. and if so ; let canne and his new ministers of the gospel ( as they stile themselves ) begin the president ; of whom our ministers may now say , as paul did of the corinthians in the precedent verse of this chapter , v. . now ye are full , now ye are rich , ye have reigned as kings , without us : ( when as most of them were very poor , and far enough from reigning as kings , or so much as petty constables before these unhappy wars , and in dayes of former persecution , when canne himself durst not shew his face in england for fear of a bishops power , or high commission pursuivant ; nor durst reproach our orthodox protestant pious ministers , and parliaments as antichristian , popish ; and compare their laws for ministers tithes , with the very idolatrous statutes of omri and ahab , as he doth now p. . ) for which he might have taken a turn at tyburn , in steed of walking freely in westminster hall , without being questioned for this his impudent high slanders both of our laws and parliaments , as well as ministry . . if the ministers of the gospel be bound to imitate the apostles in all things ; then they must not have gold nor silver , nor brasse in their purses , neither scrip , nor two coats , nor yet shoes , nor so much as two staves , but sandals only on their feet , mat. . , . mark . , . as the capuchin-fryars mendicants hence conclude : this being a positive precept , the objected examples of the apostles , &c. only a president . and if so , not only all our ministers , but canne and all his administrators , must turn fryars mendicants too in good earnest ( who ground their vow of voluntary poverty on this text ; and the objected presidents of christ and his apostles ) and so become no ministers of christ , but antichrist , and as truly antichristian as these fryars are , the * heads , ringleaders of our last sect of quakers . . if our ministers must all now be like those of the primitive times , whiles under persecuting heathen emperours , kings , magistrates , then all saints and christians too in our daies , times , must imitate and be like the saints , christians in those dayes : they must sell all their old and new purchased lands , houses , lordships , palaces , lay all the mony down at the ministers feet , and have all things in common like the real saints and christians in the apostles times , acts . . to the end ; and instead of lording , feasting it in their new acquired royal , episcopal palaces , and mannor houses , they must wander about in sheep-skins , and goat-skins , in d●sarts , mountains , dens and caves of the earth , being d●stitute and afflicted , like the saints of old ; yea , and like them they must be tortured , tormented , not accepting deliverance , have trials of cruel mockings , scourgings , bonds and imprisonments , be stoned , sawn asunder , slain with the sword , instead of slaying , plundering , imprisoning and sawing others asunder with the sword , heb. . , to . and when our army-saints , officers , souldiers , anabaptists , quakers , with other tithe-oppugners , who presse this objection against ministers tithes , shall lay down all their arms , commands , power , lands , and sell all they have , to become like to all these primitive saints and martyrs of christ in their sufferings , in times of persecution , i doubt not , but our ministers will joyfully part both with their glebes , rectories , tithes , and setled maintenance to sympathize with them in their persecutions , sufferings . but till such hard times of persecutions come , and they begin to follow this president of the self-denying primitive saints , i hope they will not make all our ministers present martyrs in their tithes and setled maintenance , nor enjoyn them alone ( but not themselves ) to follow the primitive ministers of the gospel in those times of persecution ; and prove greater persecutors to them in these pretended times of christian liberty , law , justice , than the late oppressing prelates and high commissioners , who suffered many of them ( though non-conformists ) to enjoy their tithes , glebes , offrings , and not eject , disinherit them and their successors for ever , of their antient glebes , tithes , and other setled maintenance , without any legal trial by their peers , or conviction of any treasonable crimes against our known laws , for which they deserve to forfeit them ; and all under the false petence , that tithes are jewish and antichristian under the gospel ; which i hope i have sufficiently refuted ( being established on them by christian kings , states , parliaments , immediately after the primitive persecutions , generally throughout christendome , as the fittest maintenance of all other , and particularly in our realm ) when as the abolishing of them will be really such in the judgement of all godly protestants , patrons of religion , both at home and throughout the world. finis . errata . page . l. . r. luent , p. . l. . solemanum , r. salmurum , rothingue , r. rothomag . p. . l. . trovomala . the remainder , or second part of a gospel plea ( interwoven with a rational and legal ) for the lawfulness & continuance of the antient setled maintenance and tithes of the ministers of the gospel : wherein the divine right of our ministers tithes is further asserted : the magistrates inforcement of the due payment of them by coercive penal laws , when substracted or detained , vindicated : that they are no real burden , or grievance to the people ; the abolishing them no ease , benefit to farmers , tenants or poor-people ; but a prejudice rather ; and a gain to none but rich land-lords , cleared : that the present opposition against them , proceeds not from any true grounds of conscience , or real inconveniences in tithes themselves , but only from base covetousness , carnal policy , want of christian love , charity to , and professed enmity against the ministers of the gospel ; yea , from a jesuitical and anabaptistical design to subvert , ruine our church , ministry , religion ; and bring a perpetual infamie on our nation , and the reformed religion here professed . by william prynne of swainswick esq a bencher of lincolns inne . cor. . even so hath the lord ordained , that those who preach the gospel , should live of the gospel . cyprian , de unitate ecclesiae . domos tunc & fundos venundabant , thesauros sibi in coelo reponentes : at nunc de patrimonio nec decimas damus ; & cum vendere jubeat dominus , emimus pötius & augemus . petrus blesensis , epist : . per prophetam praecepit dominus decimas inferri in horreum suum ; vos ab ejus horreo jubetis auferri , &c. quid interest equos rapiatis an decimas ? nisi quia decima res spiritualis est , & ideo enormius sacrilegivm in decimis committitur quam in equis . cum dominus praecipit decimas solvi , quis contra ejus praeceptum potuit dispensare ? london printed by t. childe and l. parry for edward thomas , and are to be sold at the adam and eve in little britain , . the remainder or second part of a gospel plea , for the lawfullness and continuance of the antient setled maintenance and tithes of the ministers of the gospel . king david a holy zealot a after gods own heart , who fulfilled all his will , records this to posterity in sacred writ , as the most transplendent character of his own real saintship , in a divine appeal to god himself , psal . . . the zeal of thine house hath eaten me up . and when our saviour christ , b the son of david according to the flesh , out of an enflamed zeal against the sacrilegious prophanation of gods temple in jerusalem , made a scourge of small cords , wherewith he drove all that sold sheep and oxen , with their cattel , out of the temple ; powred out the changers mony , overthrew their tables , and said unto those that sold doves , take these things hence , make not my fathers house an house of merchandize : his disciples upon this occasion remembred and applyed this very scripture to him , the zeal . of thine house hath eaten me up , john . , , . but the preposterous zeal of many iesuited anabaptistical quaking pretended saints , souldiers , zealots in our degenerated dayes , is diametrically contrary to this of david , and our saviour christ , even to devour and eat up gods house it self , with all his faithfull ministers remaining tithes , rectories , glebes , maintenance at one meal , which of late years , and now again they have prosecuted with such eager appetites and hungry stomacks , that they make it their very prime , main , only businesse , endeavouring to effect it , with such c post-hast , as might anticipate all new printed pleas for their just defence , and fore-judge most ministers , patrons , peoples rights , throughout our nation , ( even out of term in a long vacation , as in august . and now again ) without any legal summons , process , tryal by their peers before competent lawfull judges , meet to decide such a universal right , title , publike interest , which more or lesse concerns every particular county , city , parish , minister , patron , person throughout the realm ; and therefore ought not to be drawn into question , much lesse decision , without their general consent , desire , petition , and a full deliberate hearing of all parties interessed before a full legal parliamentary tribunal , duly elected , entrusted by all the people , according to d our laws ; this being an undoubted principle of nature , law , equity , common justice , and reason , e quod tangit omnes , ab omnibus debet approbari : et populi minor pars , populum non obligit . this their preproperous speed , and preposterous proceeding , necessitated my stationer ( at the importunity of some ministers in september . ) to thrust out and publish to the world , an imperfect piece , and beginning only of my gospel-plea , for the lawfulnesse and continuance of the antient setled maintenance and tithes of the ministers of the gospel , without this remaining part , ( then sent up together with it ) or any errata to it , or notice given to the reader if its incompleatnesse , some few dayes before the great debate of our new legifers ( septemb. . ) concerning the future standing or down-fall of tithes ; which would have been finished , and quite past before the whole could possibly be printed ; and so have rendered the entire plea lesse seasonable , serviceable , beneficial to our church and ministers , than the publishing of a fragment of it in that nick of time proved to them , through gods blessing on it . this unexpected sodain publication thereof upon that inevitable occasion , as it caused an omission of some part of the second chapter in confirmation of the second proposition , touching the divine right of ministers tithes , and of the . ensuing chapters : so it hath necessitated me to publish this subsequent appendix to that chapter by way of supplement , as a necessary introduction to the remaining part , here printed with it , for the readers better satisfaction in this publique controversy , and stopping the clamorous mouthes of all gain-sayers . which had been published , soon after the former , in the year . had not my former stationers long infirmity , sicknesse , death , retarded its progresse at the presse , and enforced me to seek out another midwife to bring it into the world , at this instant time , i hope not as an abortive , out of season , the former opposites to our ministers and their tithes , being ever since and now again as malicious against them as ever , waiting only for a fresh oportunity to suppress them , ever since their then sodain defeat in this their impious sacrilegious designe , when almost ripened to accomplishment in their hopes and votes , unexpectedly dashed in a moment . there being since this their disappointment , a new disguised antichristian sect of quakers ( introduced by jesuits and franciscan friers , as i have * elswhere evidenced ) sprung up amongst us , more virulently opposite to our ministers and their maintenance by tithes , than any other , which they not only decry in all their pamphlets , but totally substract and detain from them with such wilfull obstinacy , that many of them chuse rather to lye in prison , upon mean processe , or executions , than set out or pay their tithes , or appear to actions brought for their recovery ; and now combine with the anabaptists , and other sectaries in fresh petitions and prosecutions both against tithes , and ministers , endeavoring their total and final extirpation , by the power of their confederates , in the army and westminster juncto , sodainly called in again , and owned by them as a parliament ( after their former six years seclusion ) to * accomplish this their design , and root out law and gospel , lawyers and ministers together , as their fresh * petitions , addresses to them for that purpose clearly demonstrate , beyond contradiction . which occasioned this publication , after so long a suspension thereof . an appendix to the second chapter , further clearing the divine right of ministers tithes . the divine right of ministers maintenance by tithes , asserted in the former printed part of my gospel-plea , &c. for the lawfulnesse and continuance of the antient setled maintenance and tithes of the ministers of the gospel , may be thus further evinced , demonstrated , confirmed . . it is the opinion of learned (f) petrus cunaeus , and (g) dr. griffith williams ( his transcriber ) that melchisedec , priest of the most high god , to whom abraham ( the father of the faithful ) gave tithes of all , gen. . . hebr. . . to . was in truth none other , but jesus christ , the sonne of god , then personally meeting him in the form of a man , which he then assumed ; though not that very body or flesh begotten and born of the virgin mary , which he long after took upon him when he was incarnate and conversed upon earth . that abraham then gave him tithes of all , as perceiving under that visible form an invisible deity and everlasting priesthood to subsist , to whom tithes ( originally ) are only due & eternally due ; because he is and continues for ever an everlasting priest . that our saviours own words , john. . . abraham rejoyced to see my day , and he saw it , ( as well with the eyes of his body , by this special apparition of christ then meeting and blessing him , as a priest of the most high god , at that time , as with the eye of his faith ) and was glad : do warrant this their opinion , that melchisedec was no other than jesus christ himself : which they fortify with . strong , unanswerable arguments in the opinions of many ; from whence ( if granted ) it will inevitably follow ; that tithes are more truly and properly evangelical , than ceremonial or judaical , because thus originally given and paid to christ himself , ( the (h) everlasting head , king , high priest of the church ) by abraham (i) the common head and father of all the faithfull ( as well gentiles as jewes ) out of the prevision of his incarnation , in reference to his everlasting priesthood , as an honorary portion , tribute , salary , (k) of right belonging and annexed to his priesthood : hebr. . . to . gen. . , , . which priestly office was (l) principally to be executed , compleated upon earth , and in heaven , by christs subsequent incarnation , passion , sacrifice of himself upon the crosse , resurrection , ascension into heaven , and perpetual intercession at gods right hand for all his elect , both as god and man ; especially in relation to the gentiles , (m) not generally called , converted to the faith , till after his incarnation and ascension . therefore by necessary consequence , all christians and believing gentiles under the gospel , have altogether , if not farre greater , yet at leastwise as great , as strong a reason , ground , obligation , enforcement , chearfully , thankfully , conscientiously , to render tithes of all they have to christ ( for the use of his ministers instruction , edification of his church , and compleating of his body ) since his incarnation and investiture in his everlasting priesthood for their eternall welfare ; as abraham or the israelites had , to render him ( or the levitical priests who typified him and attended on his service ) so long before his incarnation , and priesthood fully compleated in all its parts and offices : jesus christ being the same yesterday and to day , and for ever ; hebr. . . and as much ( if not farre more in some respects ) a priest of the most high god , to all believing gentiles , christians since his incarnation , passion , ascension , as he was to abraham and the jews before them ; god since his resurrection , sending him to blesse us in turning every of us from our iniquities , as well as them . acts. . , . compared with acts . , , . ch . . . to . wherefore those ingrate , avaritious , unconscionable christians of this degenerous age , who obstinately , or maliciously refuse to render unto christ their only high-priest ( (n) who sacrificed himself to god , and shed his most precious blood for them on the crosse to redeem their soules from everlasting damnation , and purchase an eternal crown of glory for them in heaven , where he continually makes intercession for them , executing his priestly office for their salvation ) the tithes of all their increase , as a just appurtenance to his everlasting priesthood ; condemning them as o jewish , antichristian , unfit , or too much for him as the high priest and prophet of his church to enjoy , or for the faithfull ministers of the gospel in his name or right to receive , who p spend all their studies , labours , lives in christs service , in the declaration , publication , application , of the benefits of christs priesthood , passion , gospell to them , and others , for the eternal salvation of their souls , are certainly none of the spiritual sons or seed of faithfull abraham , who gave him tithes of all ; and do either repute christs everlasting priesthood , a mere fable ; or set a far lower rate upon it , the ministry of the gospel and their own most precious souls , than they do upon their detained tithes : and so can expect little benefit from christs person or priesthood , which they so much undervalue , and sacrilegiously defraud of so antient a duty . ly . there is one notable considerable circumstance of time in abrahams payment of tithes of all to christ , the true melchisedec , not formerly observed or pressed by any i have seen ; which ( in my opinion ) unanswerably proves , that this president of his most principally respected , related to the believing gentiles and christians , under the gospel , and as strongly obligeth them ( his true spiritual seed ) to the due payment of tithes to christ and his ministers , now , as ever it did the jews , his natural posterity , to pay tithes to their priests and levites under the law , if not more firmly : namely , that he thus paid tithes to christ , some good space before circumcision instituted , whiles he was yet uncircumcised ; as is most evident by comparing , gen. . , , . with gen. . , , to . now as the apostle thus firmly and evangelically argues from this very circumstance of time , in the point of abrahams justification by faith , whiles he was yet uncircumcised , as presidential , exemplary , obligatory to all believing gentiles , and spiritual sons of abraham under the gospel , who are not circumcised , as well as to the natural believing children of abraham under the law , who were circumcised . rom. . , to . commeth this blessednesse then , upon the circumcision only , or upon the uncircumcision also ? for we say , that faith was reckoned to abraham for righteousnes . how was it then reckoned , when he was in circumcision , or in vncircumcision ? not in circumcision , but in vncircumcision . and he received circumcision , a seal of the righteousnes of faith , which he had yet being vncircumcised , that he might be the father of them that believe ( under the gospel ) though they be not circumcised , that righteousnes might be imputed unto them also . and the father of circumcision , to them who are not of the circumcision only , but also walk in the steps of the faith of our father abraham , which he had yet being uncircumcised . so i , by parity of reason , from this very text , compared with the same apostles relation , of abrahams paying tithes of all to melchisedec , hebr. . , to . and the inferences thence formerly insisted on , may as firmly , as convincingly conclude , that his payment of tithes to christ the true melchisedec , not after his circumcision , but whiles yet uncircumcised , and before circumcision instituted ; and that , as the common-father , head of all the justified , faithfull , believing uncircumcised gentiles before the law , and under the gospel , ( as well as of the circumcised believing jews ) walking in the steps of his faith , which he had yet being uncircumcised ; doth as strongly oblige all believing gentiles & christians , though uncircumcised , to pay tithes of all to christ and his ministers under the gospel , as it did his believing circumcised posterity to render thē to christ himself originally , and his priests and levites secondarily under the law ; if not much more ; since abraham paid them to christ before he was circumcised , q as a fruit and evidence of his faith , which then he had during his uncircumcision , and a standing president for all believers to imitate . ly . from this famous president of abrahams paying tithes of all to melchisedec , saint ambrose , sermo . in feria post primam dominicam quadragesimae . gregorie nazianzen , oratio . contra judaeos . chrysostom , hom. . in genes . isiodor hispalensis , in glossa ordinaria super gen. . rabanus maurus , l. . c. . in genesin . anastatius abbas , contra judaeos . elias cretensis , in orat. walafridus strabo , de rebus ecclesiasticis , c. . stephanus tornacensis , epist . . with other antients , conclude , tithes to be due to ministers of the gospel by divine right : whom the r councils of mentz , anno , , . concilium aquense , anno . cap. . with the council of london , under arch-bishop hubert , anno dom. . ( recorded by roger de hoveden ) annalium pars posterior , p. , . thus second . decimas deo & sacerdotibus dei dandas , abraham factis , jacobus promissis insinuat ; deinde lex statuit , et omnes doctores sancti commemorant : et auctoritas veteris et novi testamenti , necnon & sanctorum patrum statuta declarant . decreeing thereupon , decimas de omnibus quae per annum renovantur , &c. praestare deo omnino non negligatur , quas deus sibi dari constituit : quia timendum est , ut quisquis deo debitum suum abstrahit , ne forte deus per peccatum suum auferat ei necessaria sua , &c. from his example , seconded with divine precepts , ſ gerold bishop of oldenburg , about an. dom. . writ thus to the holzati and inhabitants of the deserts of wagira , ( then newly converted to the christian faith , and beginning to build churches , for gods publick worship ) that they should likewise pay tithes to their ministers , without which all the rest of their devotion would be nothing worth . dei enim praeceptum est , decimas ex omnibus dabis mihi , ut bene sit tibi , & longo vivas tempore : cui obedierunt patriarchae , abraham scilicet isaac & iacob , & omnes qui secundum fidem facti sunt filii abrahae , per quod laudem etiam , & praemia aeterna consecuti sunt . apostoli quoque et apostolici viri ex ore dei hoc ipsum mandaverunt . & sub anathematis vinculo posteris servandum tradiderunt . cum ergo dei omnipotentis proculdubio hoc constat esse praeceptum , & sanctorum patrum sit auctoritate firmatum , nobis id incumbit negotii , ut quod vestrae saluti deest , nostro in vobis opere per dei gratiam suppleatur . monemus ergo & obsecramus omnes vos in domino , &c. ut decimas , prout deus instituit , & apostolica banno firmavit autoritas , ad ampliandum dei cultum ecclesiae detis : ne si deo quae ipsi debentur substraxeritis , & substantiam simul & animam in interitum mittatis aeternam ; valete . upon reading which letter the rude people cryed out and raged , just as the anabaptists do now . his auditis tumultuosa gens infremuit , dixeruntque se huic conditioni servili nunquam collum submissuros , per quam omne pene christicolarum genus pontificum pressurae subjaceat , &c. whereupon henry the first duke of holzatia commanding them , as they would obtain his favour , ut solverent episcopo decimas cum omni integritate , sicut faciunt in terra polaborum & obotritorum : ad hoc praeceptum holzati obstinatis animis dixerunt , nunquam se daturos decimas , quas patres sui non dedissent ; malle se potius succenfis aedibus propriis egredi terram , quam tantae servitutis jugum subire ; praeterea pontificem cum comite & omni advenarum genere quod decimarum solvit legitima , interficere cogitabant , & terra inflammata , transfugere in terram danorum . neither obeying the presidents of abraham and the patriarchs , nor the laws of god , the apostles , or their prince , in paying their tithes to their bishop and pastor , as they ought ; whose practice our anabaptists and quakers now obstinately pursue . what strong convincing arguments , to prove the divine , moral , perpetual right of tithes to the ministers of the gospel , learned protestant divines ( to omit papists ) have deduced from this original direct president of abrahams tith-paying , those who desire further satisfaction herein , may read at leasure , in mr. calvin , junius , hemingius , and others on hebr. . zepperus , legum mosaicarum explanatio , l. . c. . dr. george carlton his tithes due by a divine right , richard montague his diatribae on the first part of mr. seldens history of tithes , cap. . stephen nettles his answer to the first part of the history of tithes , dr. robert tillesley his animadversions on mr. seldens history of tithes , dr. edward reynolds his explication on psalm . , . mr francis roberts his revenue of the gospel is tithes , &c. cambridge . richard eburn his maintenance of the ministery , london , . the truth of tithes discovered by r. g. london . dr. john prideaux oratio . de decimis , anno . p. . sir james semple his sacrilege sacredly handled , london . john swan his redde debitum , london . p. , to . tithes are due jure divino , and dr. william sclater his question of tithes revived , or ministers portion , london . ( an acute piece ) wherein all evasions and cavils to elude the force of this example , are sufficiently answered . ly . from this example of abrahams , seconded with the israelites practice , t mr. selden conjectures , or rather from the law of nature written by god himself in mens hearts ( as hugo de sancto victore , de sacramentis , l. . parte . c. . & l. . parte . c. . mr. mountague in his diatribae , ch . . dr. tillesly in his animadversions , p. , . and others determine ; ) the old heathen grecians , romans , carthaginians , arabians , with other pagan nations , [ as the u mahometan , turks , moors , and other infidels since ] by an antient constant custome and usual practice , generally received amongst them , dedicated and paid tithes to their idol-gods and priests , of the encrease of all their substance , merchandize , gains ; and more particularly of all their spoyles and plunders gained in the wars ; wherein they were very carefull and devout . which mr. selden in his history of tithes , ch . . and review thereof , and richard mountague , in his diatribae , ch . . evince at large , by many presidents , testimonies , passages out of herodotus , demosthenes , xenophon , thucidides , dionysius hallicarnasseus , plutarch , pausanias , aristotle , aristophanes , suidas , callimachus , cassius , trogus , macrobius , plautus , festus , justin , pliny , servius , cicero , tertullian , arnobius , jac. gruterus , with others ; and that they paid no other determinate part else we read of , but a tenth only , to their gods and priests . now from whence ( write hugo , tillesly , and mountague ) should this custome and practice proceed , but only from the law of nature ? ad quam non docti , sed facti , non instituti fuerunt , sed imbuti , and that by god himself . amongst these presidents of pagans , there are . of special note , which i shall here remember , to shame the tith-oppugners of our age , who would be reputed the most precious christians , though their actions prove them worse than infidels . the first is , that of the old pagan romans , x who esteemed all their corn and wine ( sent them annually by the bounty of god ) so sacred , that ( by a constant custome and law used amongst them ) they might not lawfully eat , drink , sell , meddle with , or dispose of any part thereof after their harvest and vintage , till they had first sacrificed and tythed the first fruits and tenths thereof to their gods ; who ( as they supposed ) gave them the whole crop ; such was their piety and gratitude . the second is , that of the antient y heathen arabians , who by the law and custome of their country , were bound to carry all their frankincense ( the chief commodity of their country ) every year to sabota , ( the chief city of arabia felix ) and there to offer the tenth thereof to their god sabis , which his priests received . neither might they make sale of any part thereof , till the owner there paid the tenthes by measure , not by weight . these very pagans holding all to be gods , ( the supream land-lord who gave it them ) till by paying him the tenth for a quotient , they redeemed the rest for their own common use . the third is that of the z pelasgi in vmbria , who being oppressed with a great dearth and scarcity of all things , conceived it proceeded gods. whereupon they vowed the tithe of all their increase to iupiter , apollo , and the cabiri . after which vow they receiving a plentifull crop of all things , paid the tenth of all their increase to their idol-gods . and being admonished by apolloes oracle , that their vow was not performed , till they had sacrificed the tenth of their children , as well as of all their other increase , they thereupon sacrificed the tenth of them to the idols likewise . such conscience made they of all their vows and tithes . the fourth is that of the carthaginians ( thus recorded by a diodorus siculus , a pagan historian ) very remarkable . the carthaginians being descended from tyrus , were accustomed in former times to send unto tyrus the tenth of all their revenues & increase any ways renuing , issuing , or growing , for hercules ( the idol-god there worshipped : ) but in processe of time becomming very wealthy , and having exceeding great incomes , they sent very seldome their tithe unto tyrus , and that but small and refuse , in neglect and dis-regard of the deity . hereupon many disasters in war , crosses in affairs of state , with great losses and streights befell them ; especially by agathocles the sicilian . upon which , comming home to themselves , and repenting of their irreligion , they betook themselves to all manner of supplication and devotion , conceiving these losses and disasters were sent unto them of god. and for so much as they supposed hercules especially to be angry with them , who was chiefly worshipped at tyrus , from whence they were originally extracted , they sent exceeding great gifts and rich presents thither to him , and all the gods that were worshipped at tyrus , and brought unto them the tenth of all their increase , as formerly they accustomed . the fifth is that of b demosthenes ( that eminent pagan greek orator ) who is very bitter against androsion and timocrates , for bearing with some sacrilegious desrauders of the gods in their dues ; and much more for defrauding of themselves , and sacrilegiously robbing minerva of her tenths , and the other gods of their fifteenths . and he specially observes , ( let our souldiers remember it ) that those who purloyned and robbed the gods of their tenths and chiefest of their spoyles of war , came to nought , being destroyed by themselves at last and undone . the sixth is that of xenophon ( that noble heathen philosopher and general ) and his soldiers , thus recorded at large to posterity by his own pen , worthy our observation . xenophon , after his memorable retreat with ten thousand men out of upper asia , where they had gained great spoyles from the enemy , arriving safely at cerasunt , mustred men , the rest being lost , partly by the incursions of the enemies , partly by the snows , and partly by sickness , here they divided the mony they had gained from the enemies : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. atque etiam decumam , quam apolloni & ephesiae dianae exemerant , ita duces distribuunt , ut quilibet ipsorum bisce diis aliquam partem ejus adservaret ; one part of this tenth separated to these two deities was delivered to neon . that part which xenophon collected for apollo , he laid up as consecrated in the treasury of the athenians at delphos . but that which was dedicated to diana he left with megabyzus the churchwarden of diana , upon this condition ( being about to fight with agesilaus at coronea , ) that if he escaped safe out of the battel , he should restore the sacred mony to him : but if he received any disaster therein , that then megabyzus himself should dedicate it to diana , confecto donario , quod deae gratissimūfore arbitraretur . afterwards xenophon being in exile at scilunte , built for olympia , megab . comming thither to behold olympia , restor'd the mony to xenophon : who receiving it , bought therewith a field ( having woods & mountains in it , stored with trees , swine , goats , sheep , wildbeasts , and horses , ) for the goddess in that place , which was shewed unto him by the oracle of apollo ; he likewise built a temple , & an altar , out of that sacred money : ac post id temporis , semper consecratis fructuum agri decumis , sacrum deae faciebat . and after that time he sacrificed to the goddess , for ever consecrating the tenths of the field to her service . near the temple there was a garden set with all sorts of fruit-trees good to eat . before the temple were pillars erected with this inscription on them , fundus dianae sacer. hoc qui poss●ssor fruitur , quotannis consecrato decumam ; de reliquo fanum sartum tectum conservato . si quis non fecerit , dèa vindex esto . in which memorable historie we have six things considerable : . tithes of spoyls consecrated by the heathen graecian generals , captains and souldiers , to apollo and diana , as * agis after the end of the wars between the elei and the lacedemonians , going to delphos offered a tenth ( of the spoils ) to apollo . and agesilaus took the fruits of his enemies fields , ut intra biennium decumam delphico deo consecraret c. talentis ampliorem : as the same * xenophon records . ly . lands purchased with the spoils , and appropriated , consecrated for ever to the worship and service of diana . ly . a temple , and altar built with part of the spoils , for her worship and honour . ly . tithes annually consecrated and to be paid for ever to this temple , by xenophon and the possessors of these lands , out of the profits , venison and game thereof , for the maintenance of her worship and feastivals ; as the former words , and this passage farther evidenceth : earum feriarum , & municipes , & finitimi , tam viri , quàm faeminae participes erant : & sumministrat eis dea , qui agitant convivia , farinas cum panibus , vino , pecunia , bellariis . ly . repairs of this temple from time to time , out of the residue of the profits of these lands . ly . an imprecation of divine revenge , upon the neglecters , or refusers of the due payment of these annual tithes to diana , and of the residue of the profits , towards the reparation of her temple . the seventh is the memorable domestick president of cedwalla , one of our west-saxon kings ; who though a pagan and great plunderer , even before he became a christian , or was baptised , was so pious , that he gave the tenth of all his spoyles of war and plunders unto god , about the year of our lord , . which c william of malmesbury thus records . arduum memoratu est , quantum etiam ante baptismum inserviret ; ut omnes manubias , quas jure praedatorio in usus suos transcripserat , deo decimaret . in quo etsi approbamus affectum ( in paying tithes ) improbamus exemplum , in regard of his plundering . yea , our d venerable beda records ; that such was his transcendent liberality and bounty to gods church and ministers , that after his conquest of the isle of weight , he gave to walfred and his clerks for the lords use , the fourth part of the island ( to wit , plowlands of . ) and the fourth part of the spoyl thereof , in performance of his vow made before his regeneration in christ , that if he conquered the isle , quartam ejus partem fimul et praedae deo daret . let iohn canne , with all the several irreligious sects , and sacrilegious regiments of our present tith-oppugners , detainers , substracters , seriously consider these pagan presidents , to inform their judgments , & reform their practices , lest they rise up in judgement against them here to their temporal , and hereafter to their eternal condemnation . and if after due meditation on them , their consciences shall not secretly check , censure , condemn them , for substracting their tithes from god himself , and his faithfull ministers , as well as some of these pagans consciences did them , for detaining their tithes from their idol-gods and priests , against the law of natures dictate engraven in their hearts ; but still pretend conscience against the due payment of them , and that out of their gains or spoyles of war , as well as their other increase ; they have just cause to fear , and others to suspect , that their consciences are most desperately cauterized , and the law of nature more dangerously obliterated out of their hearts , than out of these idolatrous pagans . ly . agobardus , who flourished anno . lib. de dispensatione , &c. rei ecclesiasticae contra sacrilegos , p. . hugo de sancto victore erud . theol. de sacramentis , l. . parte . c. . lib. . part . . c. . part . . c. . and annot. eluc . in genes c. . petrus commestor , hist . scholast . in genes . c. petrus blesensis , epist . . gerold , bishop of oldenburge , in his epistle to the inhabitants of wagria ; helmoldus , hist . solavorum , p. . positively affirm ; and since them sir james semple , in his sacriledge sacredly handled , stephen nettles , in his answer to the jewish part of mr. selden , and mr. richard mountague in his diatribae , p. . to . largely argue and assert ; that from the beginning of mankind , tithes were instituted and appoin - to be paid , by god , who instructed adam himself ; and he his two sons kain and abel ; and they their posterity , to pay tithes and first-fruits to god , of all their increase . that the first-fruits abel offered unto god , were no other but his tithes , or the tenth of his flocks increase . that the sin of cain , causing god to reject his offering , was this , that he offered to god the worst , and lesse than the tenth of the fruits of the ground ; giving him not the full proportion of the tenth and best of his increase , as abel did : which they ground on , gen. . . ( thus translated by the septuagint , whom philo the jew , and the greek fathers generally follow : ) if thou offer rightly , and divide not uprightly ( in giving me my tenth ) thou hast sinned ; hold thy peace ; and on hebr. . . by faith abel offered unto god 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( which the vulgar latin renders , plurimam hostiam ; other translators , vberius sacrificium ; and the english , a better or more excellent sacrifice ; ( and that for quantity , as well as quality , ) than kain : this i thought fit to mention , as a probable conjecture , not an infallible verity . to back this opinion , robert grosted our learned bishop of lincoln , in his book , de cessatione legalium , ( written about the year . ) p. , . determines , lex naturalis exigit , ut benefactori , de bonis quae gratis dederit , gratis rependatur honor & veneratio , unde & decimarum oblatio de lege est naturali : quia de bonis acceptis cum debeatur lege naturali repensio honoris , minus quàm pars minima , id est decima , ( quia ultra denarium numerus non est ) rependi non potest . master mountague , in his diatribae , chapter . page , , , &c. doctor sclater , dr. tillesty , and others observe , that god only wise , being e a god of order , not of confusion , doing all things in order , number , and due proportion , hath amongst all other numbers , specially fixed upon a tenth . and thereupon the antients heretofore , both natural , legal , pagan , and christian , ( led by a natural and divine instinct thereunto ) have ever principally insisted on a tenth in all their divine sacred rites , mysteries , dues , reserved by , or rendered of them to their gods ; and in all their publick civil taxes , tributes , customes , duties , imposed by , or paid to their emperors , kings , princes , and supreme magistrates . hence god saith expresly , all tithes are the lords , levit. . , &c. and how his ? not by cou●tesie or tolleration , not by purchase or stipulation , not by compensation or annexation , not by benevolence or mens free donation ; but by original right of creation , in producing every thing in its kind ; and of absolute soveraign dominion ( expressed in the word f lords ) as a universal rent service or acknowledgement , reserved by god himself , the supreme land-lord of all the earth , from adam and all his posterity to the end of the world , g when he gave them the earth to inhabit and manure , as mere tenants at will under him . he that is h i am himself : qui cepit nunquam , desinet numquam : b●ing vitae & essentiae interminabilis , tota simul & perfecta possessio , in aeterno suo consummato , ever possessed tithes ( as well as the seventh day , which he saith , is , i his sabbath ) since they had being , which are indeed his ab aeterno suo inchoato . in this tithes were gods , not only at the time when he first challenged them by an expresse written law and reservation , levit. . , , , &c. but long before ; even when abraham paid them : and before that , ever since the time of the creation , that god made any thing tithable to increase out of the earth for the use of man. the time never was that tithes were not gods , nor shall ever be that they shall cease to be his , and his priests and ministers in and by him , by his special donation and institution ( not mans ) for the constant support of his continual publick worship ; and that by a divine right ; god in those things which are direct points of piety and necessary appurtenances for his solemn worship , ( such as are tithes for his priests and ministers competent standing maintenance in all ages , places , and weekly times for his worship ) never leaving men free to their own wills , inventions , or arbitrary pleasures ( no more than land-lords their tenants , or kings their subjects ) but confining them to a certainty himself by his word , as well as he doth it in all parts and duties of his worship . that abraham knew this divine right of god to tithes , when he paid tithes of all to melchisedec , not arbitrarily , but of due right , by vertue of some divine precept , ( else k melchisedec had been inferiour to levi who received tithes from his brethren , by a divine law and command , hebr. . , , , &c. ) he receiving this precept of paying tithes by tradition from heber , who learned it of sem , who was so taught of his father noah : he by succession receiving it from adam ; who as he was wrought and fashioned by god , so was he herein taught and instructed by god. and therefore not only amongst the sons of god , such as called rightly upon the name of the lord , but even amongst the giants of the daughters of men , worshipping invented gods by themselves , and dedicating their tithes unto them ( as the premises evidence ) there never was number that did intrude upon the tenth , much lesse shoulder it out of doors . this number of ten ( writes philo the learned jew ) that most sacred writer moses hath not a little commended , because the best duties of man are by him couched under that number , as god : ten commandements , vows , prayers , first-fruits , perpetual offerings , pardoning debts , and reducing all things unto their first estate , every fiftieth year of jubilee , ( made up of tenths ) the fur niture of the tabernacle , with a thousand such like in the old testament ( besides other things of like nature expressed under this number of ten in the l new ) by which we may know , that ten is the nvmber of perfection ( as ●ivers style it ) and hath near affinity with god in sacred things . that from gods own original reservation of tenths to himself and his ministers , this number became sacred and universal afterwards in all publick civil taxes , dues , reserved to kings and supream magistrates . for the first-born and chief of the family , from adam , till the levitical priesthood instituted , being for the most part king as well as priest thereof , ( as melchisedec who received tithes of abraham was , gen. . . heb. . , . ) when these two offices came afterwards to be centred and settled in two distinct persons , thereupon the antient tenths ( reserved by god , and assigned to his priests and ministers in perpetuity , for their subsistence and maintenance of his publick worship , from the creation to the end of the world , by a divine law , which no humane powers could repeal ) both amongst gods own people , and most heathens nations ; were appropriated to , and received only by the priests and ministers , though divested of the royal dignity ; and a new tenth , by way of tribute , tax , custome , or subsidy ( amounting commonly to the tenth part of the people 's tithed increase and estates , in all kingdomes and republiks ) was by common consent imposed on and reserved , received by emperors , kings princes , and supreme magistrates from the people , for their support , defraying the charges of the government , and their peoples necessary defence upon all occasions . hence tributes , taxes , customes and publick impositions , were usually called tenths ( as well as ministers tithes ) both amongst gods own people , sam. . , . ( amounting to the tenth of their estates and increase ; as also amongst the antient romans , grecians , and most other pagan nations of old , ( as mr. mountague proves at large in his diatribae , c. . by sundry authors ) as they were anciently and at this day so stiled , both m amongst the turks , moors , spaniards , germans , italians , french , danes , swedes , poles , scots , irish , and most other pagan and christian nations at this day ; especially in england , as you may read at large in rastals abridgments of statutes , title taxes and tenthes ; brooks abridgement , and ashes tables , title quinzime , disme , tax and tallage , and our parliament records . and from this number of ten their officers as well of state as religion , were usually stiled , decemviri , decuriones , decumani , decani , decadarchae , decatutae , decatologi , decatorii , and the like ; our names of offices of deans , tithingmen , collectors of tenths , &c. proceeding from the self-same number ; sacred every way even amongst pagan nations , both in their duties of piety and policy , by constant tradition , they knew not why nor wherefore , and likewise amongst gods people , upon the premised grounds . hence doctor tillesley thus concludes in his epistle to king james , before his animadversions on mr. seldens history . surely the number tenth or tithe is sacred and very mystical , and communicated only to consecrated or sacred persons that are gods vicars upon earth ; that is , kings and priests : decima regis et decima sacerdotis ; who both stand in gods place , and receive this portion as gods upon earth . from all which premises , mr. mountague , dr. carlton , dr. tillesley , dr. sclater and others conclude ( and let our army officers , new legifers , and all tithe-oppugners consider it ) that the ministers of the gospel now , as well as gods priests heretofore , have an eternal right to ecclesiastical tithes , by gods own unalterable institution ; and none else any right at all unto them but they ; from which right no man , nor all men can deprive or debar them ; by any pretended right , prescription , modus decimandi , custome , vsage , law , statute or appointment of any other maintenance in lieu thereof , as more just , equal and convenient . . tithes being originally due and paid to jesus christ himself , n god over all blessed for ever ; yea specially , reserved by , appropriated , consecrated to our lord god , as his peculiar holy portion , tribute , rent , right , inheritance , homage , from the sonnes of men , for the constant maintenance of his publick worship , and support of his priests and ministers attending thereon , to the end of the world . lev. . , . numb . . , , , . mal . , . heb , to . cor. . , to . and thereupon being usually stiled , both by o fathers , p councils , q popes decretals , r princes edicts , and christian writers in all ages , dominica substantia , res dominicae , dei census , dei debitum , &c. non ab hominibus , sed ab ipso deo institutae : quas deus in signum universalis dominii sibi reddi praecepit , suas esse decimas asseverans , &c. the constant payment of them to ministers under the gospel , is not only warranted , commanded by the equity and words of the , , , , & . commandements of the decalogue , ( therefore far from being a sin against the d. commandement , as ſ john canne most absurdly and impudently asserts ; as if gods precepts were repugnant to each other : ) but likewise expressely , positively , eternally , prescribed by our saviour christ himself , in this peremptory gospel-precept , recorded by three evangelists , matth. . . mar. . . luke . . render therefore to caesar the things that are caesars ; and unto god the things that are gods . thus seconded by the apostle paul , rom. . , . render therefore to all their dues , &c. tithes ( as the premises evidence beyond contradiction ) have gods own image , impresse , superscription , as visibly , as legibly engraven on them by himself , as any tribute-money then shew●d our saviour , had caesars , by the mint-masters ▪ yea , they were gods own antient , standing , constant , known tribute , at that very season when christ uttered this precept , and some thousands of years before , specially reserved by , and duly rendered unto god and his priests , by all gods faithfull people , many hundred years before we read of any tribute-mony paid to caesar , or any other king or prince . upon which ground , as they were then , ( by this direct gospel-commandement of christ himself ) enjoyned to be as constantly , duly , truly paid to god and his ministers , as any tribute , tax or customes are unto caesar , or other higher-powers whatsoever : so they have since our saviours daies ( except only in times of greatest persecution under pagan emperors , during which some tithes were rendered to gods ministers in some places , or things of greater value , as i shall prove anon ) been still continued and universally paid to god in his ministers , in all or most christian churches , realms , republicks , from the first publick imbracement of the gospel amongst them , to this present , and more especially in this our realm , as mr. john selden in his history of tithes , doctor tillesley , tyndarus , rebuffus , with others prove at large ; and the author of respublica , sive status regni poloniae ( lugduni bat. . p. . ) thus attest , for the church and clergy of poland , habent etiam decimam omnium segitum , publico principum ac totius poloniae consensu iam inde ab initio susceptae religionis christianae attributas , & aliis quibusdam pensionibus cumulatas . habent & luculentos fundos , praedia , pagos , oppida , arces , & territoria ; partim priscorum ibidem principum & regum ; partim privatorum munificentia adjectas ( as they likewise had in t ours , and other christian realms ) yet he afterwards subjoynes and complains , as we may justly do , nunc passim in alienas donationes ac decimas invaditur , longe majore avariciae rapacitatisque infamia , quam egestatis relevatione . therefore gods and our ministers tithes , being by our lord jesus christs own gospel precept thus positively commanded to be constantly and duly rendered unto them , as well as tribute unto caesar ; no consciencious loyal christians , but professed atheists , antiscripturists , rebels unto god and christ , can justly , or by any pretext of conscience , refuse the due , constant payment of them , no more than of lawfull tributes and taxes legally imposed on them by common consent v in free and lawfull parliaments ; nor any caesars , kings , princes , magistrates , or supreme powers , denie , defraud or deprive them of their tithes and dues , upon any pretext , without impairing , impeaching , subverting their own rights and titles to those civil tenths , tributes , which they challenge and receive from the people as their due , by this very precept of our saviour , which couples gods dues and his ministers together with their own ; the inviolable preservation whereof , is the best and readiest means to secure their own tenths and civil dues . whereas these princes , potentates , powers , grandees , legifers , who are so sacrilegiouslie injurious as to invade , impair , diminish , substract or abolish , gods and his ministers tithes , duties , or divert them to pay their souldiers , or any other publike or private use , will thereby but undermine their own interests , and teach the people how to defraud , substract , deny their own antient civil tenths , customes , duties , taxes , rents , and new impositions , excises of all sorts , by way of retaliation ; most of the anabaptistical and levelling present petitioners against tithes and glebes , petitioning , declaiming likewise against all customes , imposts , taxes old or new , as x intollerable grievances and hinderances to free trade ; and many of them asserting , all civil supreme powers and magistrates whatsoever , as antichristian and unlawfall , as tithes and ministers are in their false account . lastly , all opposites to our ministers tithes do , and must of necessity acknowledge ( from the scriptures insisted on in the first proposition , and reasons there alleged ) that some competent maintenance , salary , recompence , reward , or other ( arbitrary as they hold , certain and setled as we assert ) belongs to the ministers of the gospel by a divine , moral , natural right , justice , and equity ; as all grant a sabbath ( and government ) in general to be of divine authority , institution , and morally due to god. now the whole church of god from the creatiō to this present , ( though under various dispensations in the times of the patriarchs , law and gospel ) being but y one 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 , z 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 , fitting , 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 , a in faith , conscience , and sincere obedience towards god , as such a maintenance , but this of tithes alone , 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 , ratified , as not only sacred and divine , but as such a most j●●t , wise , equal , excellent , incomparable way of maintenance ( invented by the most wise god ) which cannot be matched , much lesse amended , exceeded by all the policy , wit , or wisedom of men : being a most certain , standing , unvariable , convenient allowance in all ages , places , seasons , alterations , how ever things rise or fall , continuing unalterable like the we●kly sabbath ) as to the porportion or quota pars , 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 b 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 some kind 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 c 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 keckerman , in his system . polit. l. . c. . polanus in ezech . . v. . 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 . p. , to , hath colected a catalogue of no lesse than . such authorities ( in a chronological method ) before the year of our lord . as have asserted their ius divinum , in all ages before that ; whereof irenaeus ( flourishing in the year of christ . ) 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 . . , , , . supplies us with many more authorities of this kind , in suceeding 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. . gaspar boetius , de deciman tutori hispanico jure praestanda : grav . . ignatius laserte & molina , de decimis venditionis , & permutationis . ioan. giffordus , moderata dissertatio de ratione alendi ministros evangelicos : hanov. . gulielmus redoanus , de rebus ecclesiae non aliendis : ven. . & de spoliis ecclesiae romae . . alexander stiaticus , repet . in extrav . ambitiosae : de rebus ecclesiae non aliendis . alph. villagus , de rebus ecclesiae non ritè alienatis , recuperandis : bon. . ( a treatise of hard digestion in these sacrilegious times : ) sir henry spelman , de non temerandis ecclesiis : dr. john prideaux , orat. . de decimis : dr. edward reynolds , explanation on psal . . v. . gul. zepperus , legum mosaicarum explanatio , l. . c. . and learned hugo grotius , who thus concludes in his book de jure belli & pacis , l. . c. . ●ect . . p. . ( deservedly magnified by all scholars , lawyers , politicians , souldiers , and therefore i close with it , to stop all their mouths at once . ) lex vetus de sabbato , & altera de decimis , monstrant christianos obligari , nec minus septima temporis parte ad culium divinum ; nec minus fructuum decima in alimentum eorum qui in sacris rebus occupantur , aut similes pios usus seponant . resolving the tenth part of mens increase at least , and no smaller proportion , to be d 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 lesse , is due still by them to god and his publike worship . thus much for the divine right of our ministers to their tithes , omitted in the former part , but here supplyed , for the readers fuller satisfaction in these sacrilegious times , which so violently and impiously decry it without scripture , reason , antiquity , authority , out of malice and design . the succeeding chapters more concern their legal , rational right and equity depending on their divine . chapt . iii. having dispatched the two principal propositions of greatest concernment , ( wherein i have been larger than i at first intended ) to satisfie all mens consciences , and stop the mouths of all gain-sayers , i now proceed to the third proposition . that if tithes and other maintenance by glebes , oblations , pensions , formerly setled on our ministers , be either wilfully withheld , or substracted from them by the people , in part or in whole , the civil magistrates may and ought by coercive laws , penalties to inforce the payment of them in due form and time , both by the law of god , and rules of iustice , without any injury or oppression to the people . this proposition necessarily follows from the former two : for if there be a just , competent , comfortable maintenance due to all lawfull painfull preachers , and ministers of the gospel , even by divine right , institution , expresse precepts , both of the gospel and law of god ; and that as a just debt , hire , wages , salary , right , not as a mere voluntary gift , alms , benevolence ; and the setled maintenance of our ministers by tithes , glebes , oblations , pensions , and other duties , be such ; as i have already demonstrated : then the civil magistrates may and ought by coercive laws and penalties to enforce the payment of them in due form and time ( as our very officers by such means enforce their souldiers , parents their children and servants , schoolmasters their scholars , yea our troopers their very horses , held in with bits and bridles when unruly , and quickned with spurs when lazy : and shepheards their very sheep , with their dogs and hooks , when there is cause , to do their duties , and reform their errors ) without the least guilt or colour of injury or oppression to the wilfull , obstinate , or negligent detainers of them ; and that by the self-same laws , rules of justice , reason , conscience , as all tith-opponents yet grant , they may enforce obstinate or negligent tenants , creditors , masters , publick or private accomptants , trespassers , disseisors , and the like , to pay their just rents and services to their landlords , their due debts to their creditors , their contracted wages to their hired labourers or menial servants , their audited arrears to the publick treasury , or others to whom they are indebted upon account , their ascertained dammages to such as they have injured , and to restore the goods or lands unjustly taken or detained , to those they have plundered or disseised of them , yea as justly as they may by any coercive laws and means enforce and constrain any obstinate persons or merchants , to pay all tenths , fifteens , subsidies , ayd , cu●toms , tonnage , poundage , for defence of the realm ●y ●and or sea when publickly and legally granted in and by a full , free , and lawfull parliament , duly summoned and elected by the people , according to the a manifold laws and statutes enacted for that purpose : the want of which indubital ingredients only , how fatal they have been to parliaments in former ages , to make them and all their acts , iudgements , orders , ordinances , mere nullities , and what a prejudice they have been to the people and republick too , those who please may read at leasure in the statutes of h. . c. . & rot. parl . n. . . c. . and the act for repealing the parliament of r. . in the parliament of h. . c. . the reason of which repeal , is thus recorded by mr. oliver saint iohn in his declaration in parliament against the shipmony iudges , anno . ( printed by the commons command ) p. . that parliament of r. . of revocation , was held by force , as is declared in the parliament roll of h. . n. , . that it was held viris armatis , et sagitariis immensis . the knights of parliaments were not elected by the commons prout mos exegit , sed per regiam voluntatem : and so the lords rex omnes dominos sibi adhaerentes summonare fecit . whereupon nu. . these judgements of revocation ( and that of the whole parliaments proceedings too ) are declared to be erronea , iniqua , et omni juri et rationi repugnantia , erroneous , wicked , and contrary to all right and reason : so mr : saint john , numb . . this was one grand article of impeachment of king richard the l. for which he was then deposed from his government by a forced resignation . heu licet quod eo statuto & consuetudine regni sui , in convocatione cujuslibet parliamenti sui , populus suus in singulis comitatilus regni debeat esse liber ad eligend : & deputa●d : milites pro hujusm●di comitatibus , ad interessend . parliamento , & ad exponend . eorum gravamina , & ad prosequend . pro remediis superinde , preu● eis videbatur expedire ; tamen praefatus rex ut in parliamentis suis ut liberius consequi valeat suae temerariae voluntatis effectare direxit mandata sua frequentius vicecomitibas suis ut certas personas per ipsum regem nominatas ut milites comitatus venire faciat ad parliamenta sua : quos quidem milites eidem regi faventes indulgere poterat prout frequenter fecit quandoque per minas varias et terrores , quandoque per munera ad consentiend . illis quae regno praejudicialia fuerant et populo quamplumum onerosa , et specialiter ad concedendum eidem regi subsidium ad certos annos suum populum nimium opprimendo . which i leave to john canne to english for those who understand not latin , or our laws , and would strip our learned ministers of their tithes and setled maintenance by colour of an extraordinary call ( as he terms it ) to such an extraordinary sacrilegious work as this . quest . but what ground is there in scripture ( may some demand ) for compelling people to pay their tithes and other duties to their ministers ? answ i answer . we have the president , law , and commandement of godly hezekiah , recorded in the chron. . , , , , . with the good effect it wrought , already recited . ly . the examples of zealous nehemiah , and the religious nobles and people under him ; who entred into a solemn covenant , curse , oath , and made ordinances to charge themselves yearly with the third part of a shekle for the service of the house of god : and that they would bring in all their first-fruits and offerings , and the tithes of their ground unto the levites , that the same levites might have their tithes in all the cities of their tillage neh. , . c. . . throughout , specially v. , , , , . ch . . , . which when afterwards neglected , by the people , nehemiah contended with the rulers ( for their negligence in not enforcing the people to pay them ) whereupon this effect ensued , then brought all judah the tithes of the corn , and the new wine , and the oyle unto the treasurers , &c. and nehemiah was so far from deeming this injustice or oppression , as some now malitiously term it ; that he prayes , remember me , o my god , concerning this , and wipe not out my good deeds , that i have done for the house of my god , and for the offices thereof , neh. . , to . from which president nicholas hemingius ( a far better divine and scholar than john canne and all his associates against tithes ) thus resolves in his commentary on thess . . , . therefore the godly are to be admonished . that by divine right they owe stipends unto the ministers of the church . but that nothing may be here neglected to the dammage of the ministry , this care belongs to the superious . for if kings be nursing fathers to the church ( as isaiah admonisheth ) possunt et debent jure divino ministris ecclesiae stipendia ordinare , they may and ought by divine right ( or gods law ) to ordain stipends to the ministers of the church , by the example of the most godly king hezechiah , chron. . that they may wholly addict themselves to the law of god. and if the people detain these salaries , and setled dues from them , they may enforce them by fines , penalties , and actions to pay them . ly . if these examples prevail not , we have the president of a zealous heathen prince ( who shall rise up in judgement against many pretended magistrates , refusing to assist complaining ministers to recover their just tith●s and dues from their refractory ingrate people ) to wit , king attaxerxes , who making a decree for furnishing ezra the priest with whatsoever he should require for the maintenance of gods worship and house , ezra . , &c. concludes it thus ; v. . and whosoever will not do the law of thy god , and the law of the king ( which confirm our ministers tithes and dues ) let iudgement be executed speedily upon him , whether it be unto death , or unto banishment , or to confiscation of goods , or to imprisonment . and lest any should deem this a tyrannical , oppressing edict ; ezra himself subjoyns in the very next words , v. . blessed be the lord of our fathers , who hath put such a thing as this is in the kings heart . which law if now put into due execution , would send canne and most of his confederates here packing back again to amsterdam , or some gibbet , or prison , and strip them of the goods they have got by the warres and troubles of the time . ly . we have king darius his decree for repairing gods house , and furnishing the priests there with all necessaries they required , which thus concludes with a most severe penaltie against the wilfull disobeyers of it , ezra . . also i have made a d●cree . that whosoever shall alter this word , ●et timber be pulled down from his house , and being set up , let him be hanged thereon , and his house be made a dunghill for this . h●w many now gi●be●s should we now have throughout england , and how many new-purchased houses by those who had no●e of l●te , would be made dungheaps , if this rigid law were now put in are ? which may stop the clamorous mouths of such who cry out against laws and ordinances for tithes , prescribing more moderate penalties . object . but all this is but old testament will many now object : what can you allege for your propositions p●●●f out of the gospel ? answ . to stop their mouths , i answer , . that the gospel expresly commands all living under it , to render to all their dues : therefore to ministers ( to whom i have proved tithes and other setled maintenance to be a just due and debt ) to owe nothing to any man , rom. . , . therefore not to ministers . but what if bold , atheistical , obstinate or covetous wretches will not pay these dues to their ministers , doth the gospel allow magistrates and higher powers to compel them to it ? yes , in the very antecedent words , v. , . if thou do that which is evil , ( as the defrauding , denying , detaining of the ministers , as well as the magistrates , or any others due debts and salaries , is a doing of evil , prohibited by the forecited words , and many other texts elsewhere insisted on ) be afraid , for he beareth not the sword in vain ; ( as he should do , might he compell none by it to their duties ) for he is the minister of god , even a revenger to execute wrath upon him that doth evil : wherefore ye must needs be subject ( in yielding to their commanding laws and ordinances for tithes and ministers dues , as well as others , edged with coercive penalties ) not only for wrath ( that is , for fear of the penalties which else fall upon you for your disobedience , exasperate the higher powers and civil magistrate to execute wrath upon you ) but even for conscience sake ; which should more prevail with men than wrath and penalties ; though our tithe-detainers now are grown so atheistically impudent , as to alledge conscience for not rendring them , and robbing god himself of them , mal. . . as well as his ministers . ly . the holy ghost by the apostle peter thus seconds his former precept , by paul , pet. . , . submit your selves to every ordinance of man for the lords sake , whether to the king , as supream , or unto governours : who have made many lawes and ordinances for payment of our ministers tithes and duties . yea , but say our sturdy armed , and unarmed tithe-detainers now ; what if we will not do it , as we are resolved , notwithstanding all such laws and ordinances ? what ? are you resolved to disobey and contemn gods gospel , laws and ordinances as well as mans ? where is your religion , your saintship you so much boast of ? will you * provoke the lord himself to wrath , are you stronger than he ? i presume , not : therefore the apostle subjoins , that these kings and governours are sent by him for the punishment of evil doers : and such are all those who detain the ministers established dues , who are not only theeves and robbers of god in the old testaments language , mal. . but committers of sacrilege , rom. . . thou that abhorrest idols ( as many tithe-oppugners pretend they do ) dost thou commit sacrilege and church robberie ? acts . . in the new testaments and meer heathens dialect ; who fall under the just punishment of kings and governours , whom god will bear out in the just punishment of such evil doers , or else punish them himself in a more severe manner , if the armed sonnes of a zerviah be too hard for david , and b it is a fearful thing to fall into the hands of the living god , who even under the gospel is a consuming fire , heb. . . and hath proved so to many tithe-oppugners very lately , both in consuming their houses and personal estate , as well by real fire , as by inflicting spiritual judgements on their souls . ly . our saviours own words recorded in the gospel , are direct in point . luke . , , . mat. . . and why , even of your selves judge ye not what is right ? ( in paying your just dues and debts to all you owe them without sute or coercion , as the next words literally import : ) when thou goest with thine adversary to the magistrate , as thou art in the way give diligence that thou mayest be delivered from him , lest he hale thee to the judge , and the iudge deliver thee to the officer , and the officer cast thee into prison verily i say unto thee , thou shalt by no means come out thence , till thou hast paid the uttermost farthing ; or very last mite . here is a gospel resolution of our saviour in two evangelists , ratified with a verily i say unto thee ; that all those who will not pay their ministers tithes and dues , as well as other mens debts , may be lawfully brought and haled perforce before the magistrate , and by the magistrate and judge , condemned in double dammages , cast into prison , and not suffered to come out thence , till he have paid the utmost farthing , not only of his detained tithes and dues , but of his sine , forfeiture , and costs of sute , prescribed by our laws . and let all our swordmen and other oppugners of our coercive laws against detainers of ministers tithes and dues , give our saviour himself the title of a tyrant , and oppressor , a lyar , if they dare , and that such proceedings are not sufferable under the gospel . ly . there is nothing so free and voluntary in the world , that i know , as almes and charity to poor distressed saints and christians ; yet the gospel accompts this a due debt ; and all able to give them , debtors , rom. . . and if any refuse to render them , out of their hard-heartedness , and want of charity ; the christian magistrates under the gospel may , not only rate and assesse them according to their estates towards the poors relief ; ( as they do in all christian republicks and realms ) but by distresses , sale of goods and other coercive wayes compel them to render them ; and that both by the common law of england , and the statutes of h. . c. . h. . c. . edw. . c. . e. c . e. . c. . phil. & mar. c. . eliz. c. . eliz. c. . eliz c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . as dalton and other justices of peace , tit. poor , maimed souldiers . therefore admit tithes mere alms ( as some would have them ) yet when and where detained , they may be as justly levyed and recovered by coercive laws and statutes as alms to the poor , and those who condemn coercive laws for tithes as unbeseeming the gospel , must tax and repeal all laws for the poor , and for maimed souldiers too , as such ; which i presume they will not do . ly . i suppose neither canne himself ( who receives pay as a chaplain to the army out of publick contributions from the people , not from voluntary contributions of the souldiers ) and all other officers and swordmen oppugning the coercive maintenance of our ministers by tither or otherwise , will maintain even unto death ; that the people ( even against their wills and consciences too ) may be enforced to pay monthly taxes and excises ( amounting to twenty times more each year than all the ministers tithes in england ) by coercive orders and ordinances , ( though not made in a full , free , or old english parliament , nor warranted by so many indisputable acts of parliament as ministers tithes and dues ) and levyed by imprisonments , distresses , forfeitures , armed violence , and free quartering of souldiers on the people , ( though adjudged high treason in straffords case in full parliament , for which he lost his head ; ) our ministers therefore being real spiritual souldiers of jesus christ , even by the gospels resolution ; and not to go a warfare at any time on their own free cost , but upon the peoples pay & wages , as due to them , as any souldiers ( which i have formerly proved ) they must by the self same reason acknowledge the levying & enforcing of the payment of their less burdensom , and more legal , necessarie tithes for the defence and preservation of the very gospel , religion , gods glory and mans salvation once a year , by penalties , forfeitures , imprisonments , or distresses when obstinately detained : or else disclaim their own coercive contributions first , to maintain unchristian bloodie wars between christians of the same religion , in firm unity , and amity with us , which are not so necessarie , or commendable amongst christians , who should a live peaceably with all men ( not make a last trade of war ) b love as brethren , c lay down their lives one for another , yea d love and pray for their enemies ( not murder or destroy them ) and a beat all their swords into plowshares and their spears into pruning hooks , not lifting up sword nation against nation ( as now they do to the peril of the gospel , reproach and slaunder ) and learn war no more ) as is the spiritual warfare of our ministers against the world , flesh , sin , devil , and all errors , blasphemies , corruptions , for the eternal salvation ( not destruction ) of mens souls and bodies too . ly . we find it long since prophecied in the old testament , in relation to the calling to the gentiles by and under the gospel , isay . . that the kings of the gentiles should become nursing-fathers , and their queens nursing-mothers to the church , isay . , . surely the isles shall wait for me , and the ships of tarshish first , to bring my sons from far , their silver and their gold with them : and the sons of strangers shall build up the walls , and their kings shall minister unto thee , psal . . , . the kings of tarshish and of the isles shall bring presents , the kings of sheba and seba shall offer gifts , yea all kings shall down before him ( and then ) all nations shall serve him . thus seconded in the new testament , rev . . where it is prophecied of the heavenly jerusalem ( the church of christ ) the kings of the earth do bring their glory unto it . which prophecies concerning kings , and likewise kings of isles in particular ( and no other sorts of governors , which is observable ) have been most eminently verified of the kings and queens of this isle and realm of britain , beyond all the kings , queens , regions , isles and kingdoms in the world besides , to the eternal honour of that late rejected , abjured form of kingly government ( derived from gods own form of b kingly government over the whole world , and of c christs royal government over his church both militant and triumphant ) and of this our isle : where god blessed our church and kingdom , . with three such worthy heathen kings in succession , ( a arviragus , marius , and coylus ) who though they embraced not the christian faith here preached soon after our saviours ascension by james the son of zebedee , simon zelotes , peter , paul , aristobulus , and philips twelve disciples , wherof joseph of aramathaea ( who honourably interred our saviour ) was chief , yet they courteously entertained them , permitted them freely to preach the gospel to their people , gave publick entertainment to the persecuted christians resorting hither as to a safe and peaceable sanctuary , when they were forcibly expelled out of all other kingdoms and countries throughout the world , and roman empire , by bloody persecutors , bestowed lands and a comfortable maintenance on the preachers of the gospel at glastonbury , where they built the first christian church in the world ; and were the first kings and kingdoms in the world who gave publique reception , protection , countenance , maintenance to the preachers and professors of the gospel ; as not only our own historians , but two forein writers , namely polydore virgil : hist . angl. l. . and cardinal baronius himself . annal. tom. . an. . n. . with spondanus in his epitome of him , records . ly . with the first christian king we read of , publickly baptised , professing and establishing the christian faith , builded , endowed churches and ministers with glebes and other maintenance ; to wit our famous king lucius , who about the year . ( as b matthew paris , matthew westminster , the history of rochester and others record ) possessiones et territoria ecclesiis et viris ecclesiasticis abundanter conferens chartis & munimentis omnia communivit : c ecclesias vero cum suis coemiteriis ita constituit esse liberas , ut quicunque malefactor ad illa confugeret , illaesus ab omnibus remaneret : ( a good policy at that time to draw pagans to frequent the church , and hear the word , to convert them both from their paganism and evil lives ; ) he not only giving all the lands and possessions belonging to the pagan temples and priests to the churches and ministers of the christians ; sed quia majorem honorem illis impendere debuerat , augmentavit illas amplioribus agris et mansis , omnique libertate sublimavit , as galfridus monmuniensis , and gervasius tilburiensis affirm : here was a true nursing father indeed to gods church and ministers . ly . with the first christian queen we read of in all the world , to wit , queen helena , a daughter and heir to king coel , and mother to constantine the great , who was a carefull nursing mother , and bountifull benefactor to the church and ministers of christ , as eusebius in the life of constantine , ambrose oratio in obitum theodosii , baronius in his annals , and speed in his history of great britain , p. . record . whence she was stiled in antient inscriptions , venerabilis et piissima augusta ; both for her extraordinary piety , and her converting of constantius her husband to the love and protection of the christian religion , and the professors of it , who by her means creeping out of the dens and caves wherein they were hid , began to exercise their devotions publickly , and to re-edifie the old ruinate churches ( which dioclesian the persecuting emperour had levelled to the very ground in all places , ) and to erect new ; b she herself at her own cost , erecting a stately church over our saviours sepulchre at jerusalem , famous till this very day . ly . with the first christian emperor in the world , even that famous constantine the great , born and elected emperour in this island , educated in the christian faith by his pious mother , the best , the greatest nursing father the church of god ever yet enjoyed in the world . c for first , he destroyed the two grand persecutors of the christian religion , maxentius and licinius , with their adherents , and demolished all the idol-gods and monuments of idolatry throughout his dominions . ly . he reduced all the exiled christians driven out of their countries into desolate islands , caves , dens , desarts , restored them their lost possessions , established christian magistrates throughout his empire , encouraged , protected the christians in all places , in the publick profession of their religion , and suppressed the heresies and schismes that sprung up amongst them , by councils and publick edicts . ly . he caused all the churches in this isle and elsewhere , which by the decrees of dioclesian were levelled in all places to the very ground ( which some atheistial anabaptists , a and jesuitical incendiaries even in these pretended glorious times of piety and reformation endeavour to do again ) to be re-edified , and new ones to be founded throughout his dominions ; himself erecting most magnificent temples to gods honour , ( as king david did out of holy zeal , and love to god , not popish superstition , as some now censure it , chron. . c. . , , . ) both in rome it self , ierusalem , hostia , neapolis , hirapolis , constantinople , and other cities , endowing them with ample possessions , and all other churches with convenient glebes , mansions and revenues . ly . he encouraged , protected , advanced godly ministers , learning and religion , by setling a competent maintenance on them , both for their livelihood and encouragement , most preferring , esteeming , rewarding the best deserving of them . and by this means so laid the foundation of the christians security , and the churches maintenance , that the same hath stood under the protection of christian kings and princes ever since . and albeit many caesars his successors , have often attempted to shake it by their authorities , and the sharp instruments of heretiques have dangerously undermined it , yet hath it born out the storms of all their boisterous assayes , and stood in the strength that this emperor first laid it , ( as speed and others observe . ) and for these blessed fruits of this prime nursing father of gods church , he had then , and ever after , these most glorious titles conferred on him by the christians , and ecclesiastical writers , most blessed emperour , most pious , sacred , divine ; most happy redeemer and restorer of romes city , and the whole world from paganism , tyranny , persecution , and founder of the churches peace . which those shall never enjoy , who labour to demolish and extirpate what he thus founded and established . ly . god hath blessed our church and isle ( as io. capgrave in his prologue , sir hen. spelman in his epist . dedicatory to his councils , and the author of fasciculus temporum record ) with more kings & queens , who for their extraordinary piety , incredible zeal , liberal alms , manifold works of mercy , incomparable humility and contempt of the world , their munificent , magnificent and admirable bounty to the ministers and saints of god , and in building , adorning , endowing churches with tithes and glebes , and some of them for suffering martyrdome for defence of religion by pagan invaders , were justly reputed and kalendred in the church of god , for saints ( though infected with some superstititions of those blinder times , which the age wherein they lived may excuse , and their other vertues over-ballance and delete , ) than any other isle , region or kingdom throughout the world , how great or populous soeber . there being no less than twelve of our antient saxon kings crowned with martyrdom by infidels ; and ten of them canonized for saints for their transcendent holiness ; and no less than thirty kings and queens within years space , who laying down the height of their worldly power , crowns and glory , that they might gain heaven by force , betook themselves to a devout , retired religious life , ( according to the devotion of those times ) in some private monasteries ( for the most part builded and endowed by themselves ) or else went as pilgrims to rome , then reputed famous for her piety . besides multitudes of the royal progeny who followed their examples both in their piety , charity and bounty to the church . and amongst others of our antient kings , king ethelwolfe gave not only the tenth out of all his goods and chattels , but likewise of all the lands and houses of his whole realm to the church . his sonne , incomparable a king alfred ( founder , or at least b restorer and enlarger of our famous vniversity of oxford ) though he was for the most part taken up with warres and military affairs by reason of the danes invasions , fighting no lesse than . set battels with them ( for the most part with glorious success ) yet out of an ardent zeal to god , in emulation of zacheus , he gave no lesse than half of his annual rents ( and spoils of war besides ) in pious uses ; to wit , for relieving the poor both at home and abroad , for maintaining , rewarding scholars , ministers , building schools of learning , maintaining professors of divers arts and sciences in them , especially in oxford , and devoted no lesse than the third part of his time ( to wit , eight hours every natural day ) to his sacred studies and devotions ; besides the time he spent in his military imployments , civil government , and enacting laws of most excellent use by advise of the wisest men , which have continued ever since . so as asser menevensis , ( in egercituesse ) in his life , spelman and others give this brief character and encomium of his excellencies , o stuporem omnium aetatum aluredum ! cujus dum religionem intuemur , nunquam exiisse videatur monasterio : dum bella & militiam , nullibi versatus fuisse unquam nisi in castris : dum scripta ejus & lucubrationes , vitam transiisse in academia : & dum regni populique sui administrationem , nihilo unquam studuisse , nisi in foro & senatu , justitiae promovendae , legibusque bonis sanciendis . of which good laws of his ( extracted out of the old and new testament for most part ) a this for the due payment of tithes and oblations to ministers was one , cap. . decimas primigenia & adulta tua deo dato . o that all those militarie victorious commanders who boast of like victories as he obtained , would imitate him in these his vertues , bounty , liberalitie , both to our universities , scholars , ministers , and promulging edicts for the due payment of their detained tithes and dues ! and then they should be chronicled for saints indeed , as well as the forenamed kings , of which there was not one in three in former ages ( as sir henry spelman observes ) who did not adorn , augment & enrich the church in some things , even during their very wars , instead of making a mere prey and spoyl of her ( as some late saints have done ) to maintain the warres and enrich themselves . in which sacrilegious rapines , if any shall persevere to the utter ruine of the remaining glebes , tithes , maintenance of all our ministers and churches too ( the prime honour of our nation , a ecclesia , faemina , lana ) as some have designed , and would engage them to do , to render our religion , nation , and those who shall give their votes thereto for ever execrable ; let them take heed , that instead of inducing the ministers and godly people really fearing god , throughout our three nations , to forget monarchy , and be in love with their new military government , they do not necessitate them , and most others too thereby , ( by comparing their irreligious church-robberies , and sacrilegious rapines against the very laws even of war and conquest it self in an enemies country , and detestable to very heathens , as b grotius proves at large ) to love and honour kings and monarchs more than ever , as the only nursing-fathers to gods ministers , church , people , under the gospel ; and to esteem others not comming in by the door into the sheep-fold , but climbing up by storm some other way , to be but theeves and robbers ; who come not but to steal , kill , and to destroy , whatever the bounty , piety , and munificence of these and other our kings , have built and setled on the clergy for gods honour , and maintenance of his worship , and thereby engage them so to act , speak , and peremptorily resolve , as all the israelites and godly levites , priests , people , twice did in a like case , chron. . , , , , . & sam. . , , , . if any here object , these kings and queens were more popish , superstitious , than really religious : admit they were in some things , ( as too much doting upon monkery , not monarchy , or worldly wealth or power , which some condemn in others , when most guilty of and applauding it in themselves ) yet their very bounty and profuse munificent building monasteries and nunneries , ( whereof a king edgar alone built no less than . endowed them with large revenues , and intended to make them up . had he lived , ) besides what they bestowed in building , adorning , endowing , maintaining all cathedral and parish churches and chapels , for the support and honour of their superstitious religion , should eternally shame all those pretended saints , who will be at no cost at all to maintain and propagate what they now call the true religion and the faithfull ministers of the gospel , but instead thereof , will by mere force and rapine against all rules of law , justice , piety , equity , and war it self , plunder ( if they can ) the remaining materials and fabricks of our churches , which those kings or their successors , and other antient benefactors built for gods honour , and the small surviving lands , rectories , glebes , tithes , pensions , dues , which our ministers yet enjoy , by their sole bounty , piety , gift , laws , without any real charge , injurie , oppression , or obligation to any mortals now surviving them . but to take off the stain of popery wholly from our kings , which was no disparagement to their commendable charity and bounty ; consider in the sixth place , that god hath honoured us with the first christian king in the universe a henry the th . who durst not only question , but by publick laws and statutes abolish and renounce the popish usurped antichristian power , and with it all popish shavelings , abbots , priors , monks , nunnes , and many popish doctrines , ceremonies ; and restored the people to the use of the holy scriptures in their own native language : whose example encouraged other kings , princes , churches to do the like . who though he seised upon abby lands , as given to mere superstitious persons , orders , vses , repugnant to gods word , and the popes mere creatures , and supporters ; yet he continued the lands , glebes , b tithes , and maintenance of the bishops and other ministers , and augmented it and our vniversities revenues also out of the abbies spoyles , which yet could not exempt him from the publick censure of some protestants , for selling or rteaining most of their lands and impropriations for his own use , which ( say they ) he should have rather converted to other lawfull sacred uses , according to the will of the first donors : and mr. a purchas writes , that the monks unrighteous coveting , and the popes appropriating of the tithes of some thousands of our best benefices unto abbies and monasteries , and robbing the ministers of them to whom only they were given by god himself , and the first donors for their maintenance , to the great prejudice both of the ministers and people , was one principal cause , that by a divine judgement and providence ( beyond all mens expectation ) the pope and they were both suppressed together on a suddain , even by him who not long before had justified his usurped supremacy against luther , and for which he had received this ominous title from the pope defender of the faith : god grant our new defenders of the faith , do not as ill requite those persons , powers , who first commissioned them , with their arms to defend our faith , church , religion , against iesuites , papists , and their confederates in the field , as king henry did the pope after this new motto . ly . that our god blessed , honoured us with the first b incomparable protestant king in the world , ( no papist , but a real saint , beyond any of his years in this or former age● ) even young king edward the sixt : the first king i read of , who by publick laws and statutes suppressed , banished all popish pictures , ceremonies , superstitious monuments , practices , abuses throughout his dominions , and established the true worship , service , sacraments , ministers and ministry , and gospel of christ throughout his dominions : for which all ages shall call him blessed : no waies embesselling , or diminishing the churches glebes , tithes or revenues , and enacting a new excellent law c 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 , ly . god then blessed our church and kingdom with an unparallel'd protestant princesse , queen d elizabeth , a nursing mother to the church , who demolished the whole body of popery , with the popes revived usurpations again by publick acts ; established the reformed religion again in greater beauty and purity than at first ; banishing all jesuites and seminary priests as traytors , restored the exiled ministers of the gospel suffering for religion , rewarding them with the richest bishopricks and church-preferments , and planting a faithfull , painfull , preaching ministry by degrees in most dark corners of her dominions , endowed them with a setled competent maintenance , which our subsequent protestant kings continued to them and their successors without diminution . all which considered , we of this isle may with much thankfulnesse to god , and honour to our princes , without flattery averr before all the world , that the forecited prophecies of kings being nursing-fathers , and queens nursing-mothers to the church ( and specially kings and queens of this isle ) have been more really accomplished in the kings and queens of this our island , than in the kings and queens of any other isle , kingdom , or nation whatsoever throughout the world , and god grant that those who shall succeed them in any other new-modelled-form of government may not prove such step-fathers and step-mothers to our churches and ministers , as to demolish the one , and strip the other quite naked of all that former livelihood , and remaining small revenues , which they yet enjoy by our princes grants , gifts , charters , laws and favours only ; and thereby give all godly ministers , and people too in our nation , just cause to cry out with wringed hands , weeping eyes , and bleeding hearts , in the prophets words , hosea . , . 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. . . 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 a 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. . , , . 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 , kings . . psal . . . ) 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 b peruse in chronicon johannis brompton , mr. lambards archaion , sir henry spelmans councils , mr. fox his acts and monuments , john bridges his defence of the government of the church of england , book . p. . our statutes at large , and mr. rastals abridgement of statutes , title tithes ; which laws being well known to most learned men , are therefore needlesse fully to transcribe . the first of them is the forecited law , decree of the council of calcuth , under king oswald and offa , an. . of famous king alfred , anno . of king alfred and gutburn the dane , cap. . de decimis deo debitis , about the year . of king edward the elder and guthurn : anno . ( or . as some ) cap. . ( in some c. . ) de decimis et censu ecclesiae retentis : of king aethelstan ; made in the famous council of gratelean : an. . cap. . 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. . c. . concluding , qui non solverit , anathema esto . of famous king edgar , anno . c. . de decimis , & canon . of the kings and presbyters of northumberland , made a little after that time : lex . of king aethelred , an. . c. , & . of king knute the dane , an. . c. . ( but . in some copies ) de decimis reddendis , &c. , & . and a statute law against obstinate detainers of tithes , there stiled jura et debitiones divinae : of king edward the confessor , about the year , confirmed verbatim by william the conquerour , in the fourth year of his reign , c. , . ( forecited ) to which may be added the great charters of king henry the first , and king john recorded in a matthew paris , ratified by king henry the d. in his magna charta , c. . made in the th . year of his reign , b confirmed by above 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 laws , covenants , declarations , protestations lately , and all c antient solemn curses and excommunications annually made against the infringers thereof , e. . e. . & . h. . c. . enacting the cistertian monks to pay tithes to ministers and evangelists notwithstanding any buls of exemption from the pope , which the king and parliament declared to be void , and that the promovers or executors of any such buls shall be attainted in a praemunire . it appears by the parliament roll of h. . nu . . this act was made upon the petition of all the commons ; which , because not extant in print , pertinent to the present business of tithes , and unknown to most , i shall here transcribe at large . may it please our most gracious lord the king , to consider , that whereas time out of wind the religious men of the order of the cistercians , of your realm of england , have paid all manner of tithes of their lands , tenements , possessions , let to farm , or manured and occupied by other persons besides themselves , and of manner of things tithable being and growing upon the same lands , tenements and possessions , in the same manner as your other lieges of the said realm ; yet so it is , that of late the said religious have purchased a bull from our holy father the pope , by the which our said holy father hath granted to the said religious , that they shall pay no tithes of their lands , tenements , possessions , woods , cattel , or any thing whatsoever , although they are or shall be leased or farmed , notwithstanding any title of prescription or right acquired , or which hereafter may be had or acquired to the contrary . the which pursute and grant is apparently against the laws and customs of your realm , by reason that divers compositions real , and indentures are made between many of the said religious , and others your lieges of the prise of such tithes , and also by reason that in divers parishes , the tithes demanded by the said religious by colour of the said bull , exceed the fourth part of the value of the benefices , within whose limits and bounds they are ; and so if the said bull should be executed ( much more the late petions against all tithes and coercive maintenance for ministers condescended to ) as well your dreadfull majesty , as your liege● patrons of the said benefices , shall receive great losses in their advowsons of the said benefices , and the conusance which in this behalf appertains , and in all times hath belonged to your regality , shall be discussed in court christian , against the said laws and customes : besides ( pray mark the prevailing reason ) the troubles and commotions which may arise among your people by the motion and execution of such novelties within your realm . 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 . year of king richard. and moreover , for to eschue many probable mischiefs , likely to arise in time to come , that our said lord the king shall send to our holy father the pope , for to repeal and annul the said bulls purchased , and to abstain to make any such grant hereafter . to which answer the commons well agreed , and that it should be made into a statute . from which memorable record , i shall desire iohn canne , and all his ignorant deluded disciples , who cry out against tithes , and the payment of them as popish , to observe , . 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 . ly . 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. . c. . and our arch-deacon of bathe a 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. ly . 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 . ly . that they resolve , the exemption from tithes though amounting but to a fourth part in every parish , would prove a great prejudice to the king and all other patrons in their advowsons ; to the lessors and farmers of tithes , to the incumbents and people ; and that the moving of such novelties might occasion great troubles 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 h. . c. . 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 , h. . c. . confirmed , enlarged by a statute and decree too , h. c. . thus prefaced , as if purposely penned for these times ; whereas divers and many persons inhabiting in sundry counties , and places of this realm , and other the kings dominions , not regarding their duties to almighty god , or to the king our soveraign lord , but in some years past more contemptuously and commonly presuming to infringe the good and wholsome lawes of this realm and gracious commandments of our said soveraign lord , than in times past have been seen or known : have not letted to substract and with-draw the lawfull and accustomed tithes of corn , hay , pasturage and other sort of tithes and oblations commonly due , &c. after which it provides a remedy by coercive means against the detainers , refusers of ministers tithes . the last and fullest statute for payment of tithes of all sorts , and setting out predial tithes , truly , justly , and without fraud or guile , as hath of right been yielded and paid , made not by papists , but our most religious first protestant parliament , and king upon the beginning of reformation , and when popery was ejected , is , e. . c. . 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 institutes , p. , to . to these i might subjoyn the late ordinances of the last parliament of 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 a that no lay-man by our laws can prescribe to be exempted from payment of tithes , or lay any original claim unto them : with the laws of forein kingdoms , as well civil as ecclesiastical , for the due payment of tithes ; whereof you may find store in fredericus lindebrogus : codex legum antiquarum , p. , , , &c. capitularia caroli magni & ludovici ; in brochellus , decret . ecclesiae gallicanae , l. . tit . . 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 , b constitutionum sicularum , l. . tit . . lex . which runs thus , quantò caeteris terrae principibus munifica dextra salvatoris in temporalibus nos praefecit , tantò saltem iuris naturalis instinctu ad antedicta strictius obligamur ; cum etiam veritate dicente , cui amplius creditur , amplius exigatur . quod in nostrae mentis intrinseca meditatione solicita revolventes , & illud etiam attendentes , ☞ quod divino decimarum , quarum debitum ex utriusque testamenti tabulis confirmatur , ( let all tith-oppugners observe it , ) tanti in ecclesia dei petidatior redditur , quaniò decimalis obligatio de bonis hominum , a damno reputatur : officialibus nostris universis & singulis praesentis legis , auctoritate mandamus , ut decimas integras , prout regis gulielmi tempore , praedecessoris nostri , vel ab antecessoribus officialibus & bavilis exolutae fuerint , locorum praelatis exolvere , absque omni difficultate procurent . nos enim , qui favente domino inter homines sumus in praeminenti culmine constituti , quantum sine injuria regalium possumus tollerare ecclesiarum jura , & praesertim earum quae in regno consistum , quas sub protectione nostra accepimus , et habemus , in nullo diminuere volumus , sed augere . subjectis etiam nostris indicimus ut decimas quas de bladis et donis suis antecessores eorum praedicti regis gulielmi tempore praestituerunt , venerabilibus locis , quibus decimae istae debentur cum integritate persolvant . to which i shall only adde , that a 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 . parts to the minister , and he who should steal the tithes should be reputed a thief . si cui deus decem dederit in anno , decimam deo det . et si quis decimam suam abscondit novem solvat . et si quis decimationem episcopo separatam furatus fuerit , dijudicetur ut fur ; ac hujusmodi compositio tota pertineat ad episcopum . and. c. . 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 . ) quisquis fastu superbiae elatus , domum dei ducit contemptibilem , & possessiones deo consecratas , atque ad honorem dei sub regia immunitatis defensione constitutas , inhoneste tractarit , vel infringere praesumpserit , quast invasor et violator domus dei excommunicetur . decet enim , ut indignationem ipsius dom. regis sentiat , cujus benevolentiae contemptor , & constitutionis praevaricator existit : nihilominus tamen rex suae concessionis immunitatem , ab hominibus ditioni suae subjectis illaesam conservari praecipiat , assensum vero non praebeat improvide affirmantibus , non ●ebere esse res dominicas , id est , domino dominantium traditas ; itaque sub defensione regis sit , et sicuti suae propriae haereditati , magisque advertat . quia quaniò deus excellentior est hominibus , tanto praestantior est divina causa mortalium possessione . quocirca decipitur , quisquis plus in propriis quam in dominicis rebus gloriatur : quarum defensor et custos divinitatis constitutiones diligenti cura non solum eas servare , sed etiam multiplicare debet . si quis igitur insanus importunitate illa quae diximus praestantiora quàm sua defendere oportet & augmentare . si quis igitur insanus importunitate improbitateque sua , regem a recto proposito pervertere tentaverit , nullisque remediis mitigari posse visus fuerit , licet obsequiis aliquibus & transitoriis sit necessarius , abscindendus ab eo projiciendusque est , juxta illud evangelium , si pes , manus aut occulus tuus scandili●at●te , erue eum & projice abs te . since then christian emperors , kings , princes in forein parts , and our own kings and parliaments in and by all the forecited laws and statutes yet in force , have established tithes and other duties on our clergy and ministers of the gospel , and thus publickly branded the negligent or wilfull detainer● , sustractors of this just debt and duty ( prescribed by our laws , with warrant from the old and new testament ) for evil disposed persons , not regarding their duty to almighty god ( which therefore none who claim their power from , or for god , should now regard or countenance in the least degree ) enforcing them by actions at law , imprisonment , payment of treble dammages , excommunications , and the like coercive wayes to render to them tithes at last to their loss ; why christian magistrates should not still enforce the obstinate detainers of ministers tithes , and defrauders of them in their just dues , and merited rewards for their ministery , as hath been formerly practised in all ages and places too ; let all anti-tithers ( who would be lawless , as well as titheless and godless ) resolve me when they can : and if they deem themselves above all humane laws and penalties ( so long as they wear their swords by their sides ) for defrauding our ministers of their lawfull tithes and dues , let them then chew the cudd upon this evangelical precept , backed with the strongest coercive power both in heaven and earth , thes . . . 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 cor. , , to . 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 . . that herein , they shall shew themselves , not only worse by thousands of degrees than our forementioned kings and queens , who built and endowed our churches with glebes , tithes , and a liberal maintenance ; and worse than the most of all their ancestors , protestants or papists , who have hitherto continued , confirmed , established them by successive laws ; but even worse than the worst of turks and infidels ; who alwaies heretofore , and at this very day , have and do allow their mahometan and pagan idolatrous priests in all places , a liberal , competent setled salarie , and erect magnificent temples to mahomet and their idols , exceeding most of our fairest christian churches both for beauty and number , as you may read at large in a pulchas pilgrimage , alexander ab alexandro , hospinian de origine templorum , and others . and to give you one instance for all , there are no lesse than 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 gates , great and high : the roof is yards long , and broad : the steeple very high : the ornaments rich and stately : round about it are divers porches , containing yards in length , and . 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 . was no lesse than . duckets a day , of old rents . the chief church in morocco is bigger , though not altogether so fair as that of fesse , and hath a tower so high , that the hills of az●fi being . miles distance may be seen from thence , ( as b leo c purchas , and d heylin write ) these temples and others are adorned with marble pillars , and curious mosaicks , carved works of all sorts : their priests and readers of the law have a liberal stipend , with books and lands likewise allowed them , and are had in very high estimation and reverence , both with their kings , magistrates , people ; the califfs there receiving likewise the tenth measure of corn yearly from the people : besides which tenths they have many colleges and schools of learning very majestically built and richly endowed . those therefore who pretend themselves saints of the highest new-form , and yet would deface the beautifull churches our pious ancestors erected for gods worship , & strip our ministers naked of all glebes , tithes , setled maintenance , so as they shall not be able to live comfortably , and provide for their families have in truth denyed the faith , and are worse than these turks and infidels , tim. . . ly . that hereby they shall make both our religion and nation to stink in the nostrils of all forein protestant churches , papists , turks , infidels ; who by the very light of nature have condemned sacrilege and church robbers : acts . . give extraordinary advantage to jesuites , papists and other atheistical seducers , to reduce the people either to popery or mere atheism : give all the enemies of god and our religion occasion both to rejoyce and blaspheme ; and extraordinarily scandalize and grieve the hearts of all true godly ministers , and protestants really affected to our religion , throughout our three nations . ly . that they will herein exceed all our late suppressed prelates and their high commission courts in tyranny , cruelty , injustice , by undoing all or most of our godly ministers and their families at one fatal blow ; instead of relieving them in their present necessities under which many of them sadly groan , by depriving them of their livelihood , without any legal conviction of the least crime , but only that they are ministers of the gospel , and receive tithes ; and thereby draw upon their heads , not only the cryes and clamours of these oppressed ones here , with all the formentioned curses and judgements denounced against tith-detainers , but also that sad irrevocable sentence of condemnation before christs tribunal at the last day , matth. . . depart from me ye cursed into everlasting fire prepared for the devil and his angels ; for i was hungry and ye gave me no meat , i was thirsty and ye gave me no drink , i was ( not ) a stranger , ( but your minister ) and ye took me not in , ( but cast me and mine out of those rectories and benefices your ancestors gave and setled on me , ) naked , and ye cloathed me not , nay stripped me naked of all my cloathing and livelihood , and would neither relieve , nor maintain me your selves , nor permit others to do it , in an antient legal way ; and then what can you answer , or to whom can you resort for protection , from this inevitable just charge and doom of damnation for all eternity ? ly . consider seriously the exemplarie punishment executed upon ananias and saphyra , acts . , &c. with that fearfull judgement of retaliation denounced against all plundering enemies of the church of christ , isay . . wo unto thee that spoylest , and thou wast not spoyled ; and dealest treacherously , and they dealt not treacherously with thee ; when thou ceasest to spoyl , thou shalt be spoyled ; and when thou shalt make an end to deal treacherously , they shall deal treacherously with thee : seconded by obadiah . as thou hast done it shall be done unto thee , thy reward shall return upon thine own head . and if any fondly conceit , ( as many do ) that the swords and power of an army shall bear them out against the lord of hosts himself : let them consider that of psal . . . there is no king saved by the multitude of an host , ( themselves have seen it by late experience ) neither is any mighty man delivered by great strength . jeroboam the idolatrous usurper had an army of no lesse than eight hundred thousand chosen men , to make good his usurped title against abijah davids right heir , yet when he had cast out the priests of the lord from their suburbs and possessions , and made him priests for his calves of the lowest of the people ; he was vanquished by a far smaller army , and no lesse than five hundred thousand of his forces slain in one dayes battel , and the lord soon after smote him that be dyed , chron. oreb , zeba , and salmunna the princes and generals of the midianites , when they entred into the land of israel to destroy it , had an army like unto grashoppers for multitude , and they and their camels were without number , judges . , . yet when they said , let us take to our selves the houses of god in possession , they were totally routed by gideon , and his . men having only trumpets and lamps ; and perished at endor , and became as dung for the earth , judg. . & . psal . . , , , . senacherib invaded judah with a victorious and numerous army , above treble the number to any army in our daies ; yet when he trusted to the strength of his army , and bid defiance to the god of heaven ( as those do now who oppugn and spoil his ministers of their inheritance ) god sent his avenging angell , which cut off all the mighty men of valour , and the leaders , and the captains and one hundred fourscore and five thousand of his souldiers in one night , and when they arose early in the morning , behold they were all dead corps : so he returned with shame of face into his own land , and when he was come into the house of his god , his own sonnes that came out of his own bowels , slew him there with the sword . kings . , , . chron. . . the two proud surly captains with the fifty armed troopers at their heels , who came in a violent manner but to fetch down elijah the man of god from an hill to king ahaziah , were destroyed with fire from heaven , and the third captain only saved , who fell on his knees before him , and besought him for his own and his fifties lives , and used him like a man of god , without any rudeness or plunder , kings . , , &c. to lesson all souldiers and captains now , to reverence gods ministers , and a do his prophets no harm in their persons , callings or estates : else he who rebuked kings , and miraculously slew those captains and their troopers for their sakes , will avenge their quarel now as well as in former ages . and if former victories and successes have and do puff them so far up with pride or security , as to think they may now reduce our ministers like conquered vassals to such poverty , as to enforce and make them eat the very crumbs under their tables , insteed of feeding at their own ; let them remember that one memorable president ( wherewith i have quelled many usurping souldiers ) of the greatest conqueror and abuser of kings , i ever yet read off in the world , and gods retaliation upon him for his tyranny and inhumanity after the conquest of no less then . kings ( and who now living hath conquered the tenth part of that number ? ) thus recorded to all posterity , judg. . , , . and iudah fought against adonibezeck , in bezeck , and they slew the canaanites and perazites . and adonibezeck fled , and they pursued after him , and caught him , and cut off his thumbs and great toes . and adonibezeck said , threescore 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. . , , , 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 lord. it is most perilous for any by meer arbitrary votes , will and violence to seiz on , change , divide any other mens lands , houses , inheritances , especially gods ministers ; it will prove as bad as a cup of poison to them , they shall vomit them up again with a vengeance ; and though their excellency mount up to the heavens and their head unto the clouds ; yet their triumphing shall be but short , and their joy but for a moment : they shall perish for ever as their own dung : they which have seen them shall say , where are they ? they shall fly away as a dream and shall not be found : the eyes which saw them shall see them no more , neither thall their place any more behold them , ( mark the reason ) because they have oppressed and violently taken away an house which they builded not . job . . to . 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 a extirpate all ministers and their tithes root and branch ) recorded acts . , . refrain from these men ( and their tithes too ) and let them alone ; for if they ( and their tithes ) be o● god ( as i have proved them ) ye cannot overthrow them , lest haply ye be found to be fighters against god. ly . 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 . ly . 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 . . , , , , . there is an evil which i have seen under the sun , as an error which proceedeth from the ruler : folly is set in great dignity , and the rich in low place ; i have seen servants upon horses , and princes walking as servants on the earth ( but mark the issue ) he that diggeth a pit shall fall into it : and who so breaketh an bedge , a serpent shall bite him : who so removeth st●nes shall be hurt thereby , and he that cleaveth wood shall be endangered thereby . the meaning of which parabolical expressions is thus more clearly explained , prov. . , . 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. . . are worth all our innovators reading . for which sermone he and i joyntly suffered in the star-chamber through our innovating all-ruling prelates malice , for discovering , oppugning those several changes and innovations they had made in the ceremonies , doctrine of our church , and high-commission arbitrary proceedings , contrary to our laws . little did those prelates think in that time of their domineering power and greatnesse , that these changes of theirs , and unrighteous censures upon us for discovering and opposing them , would have so soon proved the very causes of their unexpected sudden calamity and ruine , according to this text and censured sermons ; and of their high-commission and starchamber court too , wherein they prosecuted us ; yet they really found they did so . what proved the calamity , and ruine of strafford , canterbury , and the old council table , but their unrighteous exorbitant innovations and new projects against our laws , and old forms of parliamentary proceedings ? what brought sudden unexpected calamity and ruine on the late king and parliament too , ( even by those who were raised , commissioned , engaged by oaths , protestations , and solemn covenants to defend and preserve them ) but gods justice for some exorbitant changes , and fundamental , violent , illegal innovations , whereof both were guilty ? especially in the militia ; whereof the houses endeavouring totally to divest the king , without admitting him any share therein ( which a bred the first fresh quarrel between them ) as their only security and the kings too : and now god hath made that very militia the ruine of them both , and to assume both the regal and parliamental , military and civil supreme authority and government of the nation and united kingdoms too , wholly to themselves , and to dash in pieces that new minted mock parliament power and government themselves at first created ; for those many notorious injurious changes , oppressions , innovations of all sorts whereof they were deeply guilty : and what other fatal changes god may yet suddenly effect to the calamity and ruine of those who have been chief instruments in all these changes , if 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 their and all others just rights and liberties , i leave to their own saddest meditations , these gospel texts of rom. . , , . and c. . , . ( which i hope neither will nor can offend any professors of the gospel ) therefore thou art inexcusable o man whosoever thou art that judgest , for wherein thou judgest another , thou condemnest thy self , for thou that judgest doest the same things . but we know that the judgement of god is according to truth against them who commit such things : and thinkest thou this o man , that judgest them who do such things , and doest the same , that thou shalt escape the iudgement of god ? be not high-minded but fear : for if god spared not the natural branches take heed lest he also spare not thee , being a wilde olive tree . and when they have meditated on these texts , i shall further importune all such of them who like the little horn in daniel . , , . that should be divers from the first , and subdue three kings ; and being elevated with that successe , should speak great words against the most high , and wear out his saints , and think to change times and laws , advisedly to consider what there next follows . that though the laws and times should be given into his hand , yet it will be untill a time and times and the dividing of times . and the judgement shall sit , and they shall take away his dominion to consume and destroy it unto the end . and then our ministers need not fear their ministry , tithes , glebes , nor the people their iust rights and liberties , which otherwise are like to be lost , subverted , destroyed in the long , bloody , costly contests and wars for their defence and preservation . now lest any should pretend matter of conscience or reason against the christian magistrates enforcing of tithes true payment , by coercive means and laws , in these tith-detaining sacrilegious times ; or for the speedy repeal of all our fore-specified laws and ordinances yet in force to compel all detainers of them to pay them duly under the several penalties therin prescribed ; i shall endeavour to give a full satisfactory answer to all arguments and cavils of moment usually made against them , which are reducible to these four heads . object . first , that there is no expresse precept in the gospel , nor any such penal laws , enforcing the payment of tithes to be found in the primitive and purest times for . years after christ ; therefore they are unlawfull , oppressive , un-evangelical , tyrannical , antichristian ; as canne terms them , in his thundering empty voyce . answ . to this i answer , first , that there is no expresse precept or president in the new testament , for any strange high courts of justice , martial , or other courts of that nature , for any articles of war or penal laws to put souldiers or any others to death , or inflict punishments for any new high-treasons , or offences whatsoever . no precept nor president that john canne ( a late excise-man as divers report ) can produce for the imposing or levying of any excise , impositions , taxes , customes , crown-rents , tonnage , poundage , contributions , by any distresses , forfeitures , imprisonments , sale of goods , billetting of souldiers on the people , and armed violence now used by souldiers , excisemen , collectors and other publicans sitting at the receipt of custom , ( whereof i hear iohn canne is one , perhaps to excise the alehouses and cannes there used for names-sake ) all puny to and less warrantable by gods law and gospel , than our ministers tithes . the objectors therefore must find express gospel-texts for all and every of these publick duties , and the present wayes of levying and enforcing them , or else disclaim them , or their objection against tithes . ly . i have produced expresse gospel-texts warranting in the general coercive laws , sutes , actions to recover ministers tithes , as well as any other just , legal , publick or private dues , debts , rents , lands , possessions whatsoever . therefore the objectors must either disclaim their objection , or renounce all penal laws , sutes , and coercive means whatsoever to levy or recover any other civil rights , debts or duties whatsoever , and introduce a lawless anarchy and confusion amongst us , for every one to cheat , defraud , rob , oppresse , disseise , spoyl , defame , wound , murder one another , without any penalty or redresse , except only by club-law , instead of a peaceable , just and righteous government . ly . the reason why there were no coercive laws for the payment of tithes or ministers dues in the primitive church for above years was this , because christians then were so zealous , ready , forwards to render them with an overplus , and to sell their very houses , lands , possessions , estates , and lay them down at the apostles and ministers feet to maintain them , and relieve their poor christian brethren , witness acts . , . c . , , . c. . , . cor. . . phil. . , , , . rom. . . and that memorable place , cor. . , to . where paul records of the first churches and converts in macedonia , how that in a great tryal of affliction ( in times of heavy persecution ) their deep poverty abounded to the riches of their liberality , for to their power ( i bear them record ) yea and beyond their power they were willing of themselves , praying us with much intreaty , that we would receive the gift , and take upon us the fellowship of the ministring to the saints , &c. the a new testament records , the exceeding readiness of the pharisees to pay tithes of all they did possesse , and of the smallest seeds and garden-herbs of all kinds , to their priests or levites ; which christ himself approved , commended , with a these things ought ye not to have left undone ; and b philo a learned jew , who lived under claudius , in the apostles daies , records as an eye-witness on his own knowledge , that the jews were so forward in paying their first-fruits and other dues to their priests , that they prevented the officers demanding them , paid them before they were due by law , as if they had rather received a benefit , than rendered any , both sexes of their own readiness , bringing them in with such courtesie and thanksgiving , as is beyond all expression ( they are his very words : ) and were they then lesse forwards think you , to render due maintenance , ( if not tithes and first-fruits , ) to the apostles when they turned christians ? surely no , for the forecited texts in the acts declare , they were far more bountifull than before , both to the apostles and poor saints , selling all they had to support them . the like zeal ( even in the heat of persecution , under bloody pagan persecutors ) continued in all the primitive christians next after the apostles , who though persecuted , driven into corners , imprisoned , banished , and spoyled of their goods , lands , by plundering officers , sequestrators , souldiers , as c eusebius , and others record , yet every one of them out of his deep poverty contributed every month , or when he would or could some small stipend for the maintenance of the ministers and poor ( when they had no lands to pay tithes out of ) of his own accord without any coercion : witnesse ( a tertullian ( who flourished but . years after christ ) modicum unusquisque stipem menstrua die , vel cum velit , et si modo volit , & si modo possit apponit , nam nemo compellitur , ( there was no need when they were so free of their own accord ) sed sponte consert . haec quasi deposita pietatis sunt . and though their monthly stipends in regard of their great poverty were thus termed small comparatively to what they were before the persecution , yet indeed they were very large , considered in themselves , as by the same authors following words in this apology , c. . appears , plus nostra misericordia insumit vicatim , quam vestra religio templatim : they bestowing more in a liberal free way of christian charity in every village towards their ministers and poor , than the wealthy pagan romans did in their temples and sacrifices for the maintenance of their paganism . in the th . general persecution of the christians about years after christ , or before , the b governour of rome told saint lawrence the martyr ( arch-deacon to pope xistus the d . and treasurer of the christians oblations for the ministers maintenance and poors relief ) that the common report then was , bow the christians did frequently sell their lands , and disinherit their children ( like those in the acts ) to enrich the ministers , and relieve the poor , bringing thousands of sestertii at a time to st. lawrence , out of the sale of their lands , so as their treasury was so great that he thought to seise on it for a prey : which their bountiful liberality c prudentius thus poetically expresseth , offerre fundis venditis sistertiorum millia , addicta avorum praedia faedis sub auctionibus , successor exhaeres gemit sanctis egens parentibus , et summa pietasli creditur nudare dulces heros . what need then any law to compel the christians to pay tithes or ministers dues , when in the heat of persecution , they were so bountifull to them and the poor as thus voluntarily to contribute their whole estates for their support ? whose president if the cavillers against our present penal laws , ordinances for tithes would imitate , no minister nor other voluntary tith-payers would oppose their repeal . and though in these primitive times of persecution , the christians being spoyled of their lands and possessions , could not pay tithes in kind in most places , but were necessitated to such voluntary contributions as these , yet without all peradventure they held the payment of tithes to ministers in kind , a divine moral duty , and in some places , and at some times ( when and where they could ) did voluntarily pay tithes as a duty for their maintenance without any coercive laws or canons , upon the bare demand or exhortation of their ministers , by vertue of gods own divine laws , as is undeniable by irenaeus , l. . c. . who records , that the christians in his time ( being but . years after christ ) did not give lesse to their ministers than the jews did to their priests by the law of moses , who received the consecrated tithes of their people , but more , designing omnia quae sunt ipsorum , all they had to the lords use , hilariter ac liberaliter ea quae non sunt minera : giving chearfully and freely those things which were not lesse than tithes , as having greater hope than they . and further confirmed by origen , homil. in numeros : saint cyprian , lib. . epist . . de unitate ecclesiae , the words of saint augustine , hom. . majores nostri ideo copiis abundabant , quia deo decimas dabant ; and the second council of mascin , an. . can. . leges divinae consulentes sacerdotibus ac ministris ecclesiarum , pro haereditaria portione omni populo praeceperunt , decimas fructuum suorum locis sacris praestare , ut nullo labore impediti per res illegitimas possint vacare ministeriis , quas leges christianorum congeries legis temporibus custodivit iutemerata . which prove a long continued custom and practice of paying tithes to ministers as a divine right and duty , used amongst christians long before st. augustins dayes and this antient councel . and no sooner were the times of persecution past , but the divine right of tithes was asserted , pressed , and the due payment of them inculcated by st. hilary , nazianzen , ambrose , hierom , chrysostom , augustine , eusebius , cassian , cyril of jerusalem , isiodore pelusiota , and caesarius arelatensis , all flourishing within . years after christ , as dr. tillesly proves at large ; and the people during that space paying their tithes freely , without any compulsion in all places , there needed neither laws nor canons to enforce their payment : whence a agobardus writes thus ( about the year of our lord . when laws and canons began to be made for their payment ) of the precedent times : nulla compulit necessitas fervente ubique religiosa devotione , & amore illustrandi ecclesiae ultro aestuante . that there was no need of canons or laws to compel the payment of tithes , whiles fervent religious devotion , and love of illustrating churches every where abounded . but in succeeding degenerating times , when ( according to christs prediction ) the b love and zeal of many christians to god , religion , and ministers began to grow lukewarm , and colder than before , so as they began to detain their tithes and ministers dues , then presently christian kings and bishops in ecclesiastical and temporal synods and councils , began generally in all places , to make laws and canons for the due payment of them ; declaring in them only the divine right , laws and precepts of god to the people both in the old and new testament , as a sufficient obligation ( seconded by their bare canons and edicts ) without any coercion or penalty to oblige them to their due payment . the first unquestionable canon for the payment of tithes i find extant , is that of the second council of mascin forecited , an. . cap. . the first law extant made by any general council or parliament for the payment of tithes , is that of the council of calcuth in england , under offa and alfred , an. : declaring their divine right , and enjoyning their payment without any penalty ; after which charles the emperour , about the year of our lord . by canons made in sundry councils , and in his capitulars or laws , enjoyned the payment of tithes , under pain of being enforced to render them by distresse , upon complaint , and some small penalties . since which time many laws and canons were made in our own and forein realms till our present times , for the due payment of tithes under sundry penalties , which because collected by sir henry spelman in his councils , mr. selden in his history of tithes , bochellus decret . eccles . gal. l. . tit. . de decimis , fridericus lindebrogus codex legum antiquarum , surius , binius , crab , lindwood in their collections of councils , and sundry others ; i have therefore only given the reader a brief catalogue of the principal civil laws both at home and abroad , for the due payment of them ; reciting more at large but what others for the most part have omitted , and are not vulgarly known , giving only brief hints upon some of the rest in my third chapter . whither i refer the reader for further satisfaction in this objection ; and shall conclude of penal laws as seneca doth of fates : fata volentes ducunt , nolentes trahunt : those who will not willingly pay their tiths must and ought to be compelled thereunto by penal statutes : the second objection is , that the payment of tithes is against many mens judgements and consciences : therefore it is both vnchristian , tyrannical , and vnjust , to enforce them thereunto . i answer , . that the payment of tithes being not only warranted but commanded in and by the old and new testament , and the constant practice of christians in all ages , churches , there neither is , nor can be the least pretence of conscience , for the non-payment of them . therefore this pretext of conscience is in truth nought else , but most desperate vnconscionableness , malice , obstinacy , peevishness , covetousness , impiety , or secret atheism , worthy to be reformed by the severest laws and penalties . ly . all that conscience can pretend against their payment as tithes , is only this anabaptistical devise , and loud lye of canne and others ; that the payment of a precise tenth part of mens increase to their ministers is jewish or antichristian , and so unlawfull : both which i have unanswerably refelled . therefore this can be no ground or conscience for any to detain them . but if any scrupulous consciences be not satisfied in this point , let them either pay their ministers the moitie or . parts , or the , , , , or . part of their annual encrease , neither of which is jewish or antichristian ; or else let them sell all their old or new purchased lands , houses , possessions , goods they have , and bestow them on the ministers and poor , as the forecited primitive christians did , whom they pretend to imitate , and then they may satisfie both their consciences and ministers too , without the least difference , coercion , sute or penalty of our laws . ly . many of these very objectors , pretending conscience , as souldiers or sequestrators , have made no conscience to enforce thousands of parishioners of late years throughout the nation to pay their ministers tithes to themselves for pretended arrears or sequestred goods , and exacted monthly contributions out of ministers tithes to pay the army , without any scruple of conscience , levying them by distress and armed violence , when detained . if then they can enforce others thus to pay tithes to themselves , and those to whom they were never due by any known law of god or man : with what conscience can they detain them from our ministers , to whom they are due by all divine and human laws , or condemn the enforced payment of them from themselves , who have so violently extorted them from others ? ly . if any ministers or others plead the payment of our late heavy monthly taxes , excises , impositions , ship-mony , far exceeding the old , to be against their conscience , as being imposed by no lawfull parliamental authority , repugnant to all our laws , statutes , liberties , privileges , protestations , covenants , records , votes of parliament , imployed to shed seas of innocent precious christian blood , to maintain unchristian bloody wars against our late protestant brethren in covenant and amity , they know not upon what lawfull quarrel , to support an arbitrary army government , power to domineer over them , to subvert our old fundamental laws , parliaments , governours , liberties , peace , elections , trials , the great charters of england , foment heresies , sects , schisms , and carry on the plots of the pope , jesuites , spaniard , french , to ruine our realms , church , religion , and pay many disguised jesuites and popish priests secretly lurking in all places under the mask of listed souldiers ( as most wise men conceive ) to perpetuate our warrs , destroy our ministers and nation by endless wars and taxes . all these , with other such weighty grounds of conscience , law , prudence , ( which a some have insisted on and pleaded ) can no waies exempt them from violent distresses , quarterings , penalties , forfeitures , levies , by armed souldiers , who regard these pleas of conscience no more than common high-way-men who take mens purses by force , and deem all publick enemies , who dare plead law or conscience in this case ; though the plea be true and undeniable even in their own judgements and consciences , as some of them will acknowledge to those they thus oppress . why then should they or any others esteem this mere pretence of conscience only against penal laws for tithes , enforced in a lesse rigorous manner , which they may with as much reason and justice allege against the payment of their just debts , land lords rents , and all other dues from them to god or men ? the d. objection is , that tithes are pure alms ; therefore not to be enforced by any law. for which the opinions of john wickliff , husse , thorp , are produced by the anabaptists , and erasmus urged by some , but without sufficient ground . i have answered this objection elsewhere , and shall here only declare , whence , i conceive , this error ( that tithes are mere alms ) originally proceeded , to rectifie mistakes of the meaning of some antient authors , and clear two texts of scripture which some scholars and ignorant people misapprehend . first , i conceive this error sprang originally from the misunderstanding of that text of deutr. . , . at the end of three years thou shalt bring forth all the tith of thine encrease the same year , and shalt lay it up within thy gates . and the levite ( because he hath no place , no inheritance with thee ) and the stranger , and the fatherlesse and the widow , which are within thy gates shall come , and shall eat ( thereof ) and be satisfied ; that the lord may bless thee in all the work of thine hands which thou doest ; compared with deutr. . , , . when thou hast made an end of tithing all the tithes of thine encrease , the third year , which is the year of tithing , and hast given unto the levite , the stranger , the fatherless and widow , that they may eat within thy gates , and be filled ; then thou shalt say before the lord thy god , i have brought away the hallowed thing out of mine house , and also have given them unto the levite , and unto the stranger , to the fatherless and to the widow ; according to all thy commandements which thou hast commanded me ; i have not transgressed thy commandements , neither have i forgotten them ; i have not eaten thereof in my mourning , neither have i taken away ought thereof for any uncleaness , nor given ought thereof for the dead , but have hearkned unto the voyce of the lord my god , and done according all thou hast commanded me : to which that of amos may be referred . from which texts some have conceived , that the israelites paid tithes only every third year . ly . that they paid them then not to the levites only , but to the stranger , fatherless , widows and poor amongst them , who had a right and share in them as well as the levites . ly . that these texts use the phrase not of paying tithes , as a debt or duty , but of giving them as an alms ; and seeing they are given thus to the stranger , fatherless , widow as alms ; therefore to the levites likewise , here coupled with them . this doubtless was the true ground that tithes were reputed mere alms by some , and not a divine right peculiar to ministers . to disperse these mists of error . first take notice , that neither these , nor any other texts in scripture stile tithes almes , much lesse pure almes , which men may give or retain at their pleasures . ly . that they expressely resolve the contrarie that they are no alms at all in the objected sense , but a most certain positive commanded debt and dutie , no waies arbitrarie in the least degree . for . by express positive laws and commandments of god oft repeated , all the particulars of this dutie are defined . . the quota pars or quantitie : all the tithe of thine encrease the same year . ly . the time of it : every third year , which is the year of tithing , at the end of three years . ly . the place of stowage : thou shalt lay it up within thy gates . ly . the persons who must receive it : the levite , stranger , fatherless , widow . ly . the place of their receiving it : within thy gates . ly . the manner of receiing it : they shall come and eat thereof and be filled . secondly , which is most considerable , the owners and tithe-payers had no disposing power over it for their own uses upon any occasion or necessitie . for , . they must bring all of it out of their houses as an hallowed thing . ly . they must make a solemn protestation before the lord , that they had given it all to the levite , stranger , fatherless , widow , and that not of their own free voluntarie bountie , but as a bounden debt and dutie , according to all gods commandments which he had commanded them . ly . that they had neither wilfully transgressed , nor negligentlie forgotten his commandments herein . . that they had neither eaten thereof in their mourning ( in times of want and distress ) neither had they taken away ought thereof for any unclean use , &c. but have hearkened to the voice of the lord their god , and done according to all that he commanded them : the reason of which protestation was , because god committed the custodie and dispencing of these three years tithes to the owners themselves , who might be apt to purloin and pervert part of them to their own private uses . i appeal now to all mens consciences , whether these very texts do not unanswerably prove tithes to be no alms or arbitrary benevolence at all , but a most precise , positive , certain debt and duty , most punctually limitted in each particular ? and whether that we now usually call alms to the poor , be not a debt and duty , as rom. . . with other texts resolve it , not a meer freewill gift , which we may neglect or dispence with as we please . having cleared the text as to alms , i shall next vindicate them from the other mistakes concerning the time of tithing , and persons receiving tithes . for which end we must know , that the jews had four sorts of tithes , as the scriptures and a marglnal authors prove , besides their first fruits , amounting to any proportion from the th . to the th . part amongst the pharisees who exceeded others in bounty , . such tithes as every of the laity in every tribe of israel , who had any comings in , or increase at all , paid unto the levites , out of their annual increase that was eatable or usefull for them , as a sacred inheritance , possession and reward for their service at the tabernacle ; being the full tenth part of their increase , after the first fruits deducted : which tithes they received in kinde at their respective cities and places of abode : and if any tithe-payer would redeem or compound for them , he was to adde a fifth part more than they were valued at ; because the levites should not be cheated by any undervalues , and those who redeemed them did it only for their own advantage for the most part , not the levites ; and then they should pay for it . these are the tithes prescribed levit. . , , , . numb . . , to . which the levites and their households were to eat in every place , where they resided , as their peculiar portion and inheritance ; wherein the stranger , fatherless and widow had no share , neither were they brought up to jerusalem , nor put into any common treasurie ; and paid constantly every year . and these are the tithes which our ministers now challenge and receive by a divine right , as their standing inheritance , and the churches patrimonie : and the tithes intended heb. . , , , . ly . such tithes as the levites paid to all the priests , as most affirm : or to the high priest only ( as lyra , tostatus , and some other popish authors assert , to justifie the popes right to tenths , which he challengeth and receiveth for the rest of the popish clergie in all places ) for their better maintenance and support besides their first-fruits , fees of sacrifices , oblations and other duties , being the full tenth part of the tithes they receive from the people ( due to the whole body of the tribe of levi ) numb . . . to . ly . a second tenth , which the lay israelites were obliged by god , to pay every year out of their nine parts remaining after separation of the first tenth here mentioned ; and this was likewise of all their annual increase of corn , wine , oil , cattel , sheep , honey , and things eatable ; this tithe was by gods special appointment to be carried up to the place which god should chuse , and to jerusalem in kinde , by the places that were near ; and the full value thereof in money by places more remote . which tithes and money were designed for the maintenance of their publick solemn standing feasts every year , wherein the owners , priests , levites and all the people feasted together before the lord. the residue was laid up in storehouses , treasuries and chambers together with the first-fruits and offerings for the maintenance of the priests and levites dwelling in jerusalem , having no abiding elsewhere in the countrey , and for those who came up thither in their courses and served in and about the temple ; of which some selected priests and levites who were faithfull had the oversight and distribution ; not any lay treasurers , officers or sequestrators who would be singering all our ministers tithes now , and reduce them to a publick treasurie , to fill their private purses with them . these are the tithes commanded , specified , and principally intended : deut. . , , , , , , , . c. . , to . chron. . , to . neh. . , , . c. . . c. . , to . mal. . . which tithes were abolished with the jewish feasts and temple : yet the shadow and footsteps of them continued many years after in the primitive christians love-feasts , as mr. mountague proves at large . ly . the fourth sort of tithes which the lay israelites paid , was that for the levite , stranger , fatherless and widow , payable only every third year out of all that years increase ; after the separation of the forementioned tithes for the levites , priests and annual feasts ; which the owners kept in their own barns , and were to be eaten by the levite , stranger , fatherless , and widow , within their gates and houses , deut. . , . c. . , to . now in allusion to the last kinde of tithes , st. ambrose sermone in die ascentionis , st. jerome in mal. . st. augustine , sermo : . de tempore , & ad fratres in eremo , serm. . caesarius arelatensis , de eleemosyna , hom. . eutropius in the life of st. steven , c. , . the exhortation written about an. . beda eccles . hist . l. . c. . agilardus contra insulsam vulgi opinionem de grandine , &c. p. . ivo carnotensis , epist . . the synod of york under hubert , an. . and some others , press the payment of tithes to ministers , and giving alms , or some part of their goods to the poor , jointly together ; and some few of them stile tithes , tributa refectorium animarum : the tribute ( not alms ) of the poor souls ; and tell us of tithes which god himself hath commanded to be given to the poor . but this they intend not , of the first sort of tithes due to the ministers of god ; but of a tenth of their remaining annual increase after the ministers tithes first paid ; as most of them expresly declare . viz. hierom. on mal. saltem judaeorum imitemur exordia , ut pauperibus partem demus ex toto : & sacerdotibus & levitis honorem debitum et decimas referamus , de sua particula ( not the ministers ) pauperibus ministrare ; and the english synod of calchuth , an. . with capitularia caroli magni , l. . c. . most distinctly ; decimas ex omnibus fructibus & pecoribus terrae annis singulis ad ecclesias reddant et de novem partibus que remanserint eleemosynas facient . so as there is nothing in scripture or antiquity rightly understood to prove tithes to be pure alms , as some have erroniously fancied . the second ground of this opinion , that tithes were free and pure alms , was the frequent grants , donations and consecrations of tithes and portions of tithes by several lords of mannors and lands by special charters yet extant , recited in mr. a seldens history of tithes between the year of our lord . and . ( in the darkest times of popish superstition ) to abbies , monks , friers , nunnes , and religious houses in eleemosynam pauperum ; in liberam puram et perpetuam eleemosynam ; to be distributed by these monks , or their almoners to the use of the poor pilgrims , strangers , widows , and orphans , in general , at their discretion , or particularly of such and such parishes ; and they supposing the monks to be most charitable to distribute them to the poor ; most of which grants or all were made by the consents of the bishops of the diocess and confirmed by them , and many of them with the assents of the patrons and encumbents of the churches . and sometimes whole churches with their tithes were thus granted and impropriated to monasteries and monks , in jure perpetual frankalmoigne , to the starving of the peoples souls , to pray for their patrons when deceased , and seed the bodies of the poor without their souls ; whence all or most of our appropriations and impropriations really sprang , to the great prejudice of ministers maintenance , and parishioners souls . upon this ground a many monks and mendicant fryers who were no part of the ordained ministry , ( just like our vagrant anabaptistical and unordained sectarian predicants now ) to rob the ministers and most priests of all their tithes , engross them into their own hands and disposal to enrich themselves and their monasteries , everie where cryed up tithes to be pure almes , which everie man might bestow where he pleased , and that themselves ( having renounced the world , and vowed povertie ) were fitter to receive and dispence them than the secular parish-priests ; and made this doctrine a very gainfull trade , whereby they got most of the best benefices of england , and a b great part of the tithes into their own possession , to the great prejudice of the church . and not content herewith , the premonstratenses and other orders procured a bull from pope innocent the d. about the year . to exempt all their lands which themselves manured , and all their meadows , woods , fish-ponds , from paying any tithes at all to parish-priests or others ; that they might bestow them in alms , or on the poor of their monasteries , as they had requested them from the pope ; as the words of the bull attest : after which they invented other bulls ( condemned in our parliament by a special act ) to exempt their tenants likewise from paying tithes , under the same pretext . and this is the true ground and original of that monkish opinion , that tithes were pure alms , and that men might give them to whom they pleased : which grant of tithes to monasteries , monks , and exemptions of their lands from paying them , upon pretext of giving them in alms , to the great prejudice of the ministers ( perdenda basilica sine plebibus , plebes sine sacerdotibus , sacerdotes sine reverentia , & sine christo denique christiani , bernard epist . . ) was severely censured and sharply declaimed against by st. bernard and hugo partimacensis , epist . ad abbatum & conventum nantire monasterii after ivo . his epistles , p. . ( a most excellent epistle against this practice ) the council of vienna , an. . joannis sarisburiencis , de nugis curialium , l. . c. . petrus blesensis , epist . . petrus clamianensis , epist . l. . epist . . and the monkish assertors of this doctrine , that tithes were pure alms , and disposable to whom the people would ; were by a pope innocent the th . stiled and censured in these terms , isti novi magistrique dicent & praedicant contra novum et vetus testamentum : yea richard archbishop of armaugh complained much against these greedy unconscionable monks in his defensorium curatorum , for possessing the people with this opinion , that the command of tithes was not moral , but only ceremonial , and not to be performed by constraint of consciences to the ministers and curates , and that what lands or goods soever were given by any of the four orders of mendicants ought to be exempted from paying tithes to ministers in point of conscience ; which he refutes ; from these monks john wickliff , walter brute , and william thorp ( living in that blind age ) took up their opinion : that tithes were pure alms , and that the people might give them to whom they please , if they were godly preachers ; and their parish priest , lazy , proud , and wicked , which opinion of wickliff was refuted by b thomas waldensis as erronious , and condemned in the council of constance . this i have the longer insisted on , to shew how canne and the rest of our anabaptistical tithe-oppugners , revive only these old greedy monks , friers tenents and practices for their own private ends and lucre ; to wrest our ministers tithes from them into their own hands or disposing , and exempt their own lands and estates from paying tithes , that so we may have churches without people , people without ministers , ministers without due reverence , and finally christians without christ ; as a bernard writes they then had by this monkish sacrilegious doctrine and practice . the fourth objection ( much insisted on as i hear ) against our coercive laws and ordinances for ministers tithes , is this common mistake , that the payment of tithes to ministers as a parochial right and due , was first setled by the popish council of lateran , under pope innocent the d. an. . before which every man might freely give his tithes , to what persons or churches he pleased ; therefore it is most unjust , unreasonable to deprive men of this liberty , and enforce them to pay tithes to their ministers now by ●uch laws and ordinances . i answer , that this is a most gross mistake of some ignorant b lawyers , and john c canne ; for in the canons of this council , there is not one syllable tending to this purpose , as i noted above years since out of binius and surius in the margin of sir edward cooks . reports , fol. . where it is asserted ; which error he expresly retracts in his d . institutes on magna charta , d f. . the words of the council , can. . plerique ( scut excipimus regulares , & clerici seculares interdum ) dum domos locant vel feuda concedum in prejudicium parochialium ecclesiarum , pactum adjiciunt ; ut conductores & feudatorii decimas eis solvant , & apud eosdem elegant supremam : cum autem id ex avaritie radice procedat , pactum hujusmodi penitus reprobamus : statuentes , ut quicquid fuerit ratione hujusmodi pacti praeceptum , ecclesiae parochiali reddatur . by which constitution it is apparent , first , that parish priests and churches , had a just parochial right to the parishioners tithes within their precincts before this council , else they would not have awarded restitution to them of the tithes received ; and that they had so ordered and decreed it by sundry councils and civil laws some hundreds of years before , is apparant by the . council of cavailon under charles the great , an. . can. . synodus ticimensis under lewis the d . an. . the council of mentz under the emperour arnulph , an. . can. . the council of fliburg , an. . can. . the decree of pope leo the th . ( attributed to gelasius by some ) about the year . the council of wormes and mentz ( about that time or before ) cited by gratian , caus . . qu. . the council of claremont under pope vrban , an. . ( these abroad ) and at home in england , the ecclesiastical laws of king edgar , an. . c. , . the council of eauham under king edgar , an. . and his laws near that time , c. . and the council of london under archbishop hubert , an. . ( years before this of lateran . ) all which enjoyn the people to pay their tithes to their own mother-churches where they heard divine service , and received the sacraments , and not to other churches or chapels at their pleasures , unless by consent of the mother-churches . hence petrus blesensis archdeacon of bath , about the year . ( . years before the council of lateran ) in his . epistle writes thus to the praemonstraticatian monks , who procured an exemption from paying tithes out of their lands , that their lands were obnoxious to tithes , before they became theirs , and were paid hitherto , not with respect of persons , sed ratione territorii : but by reason of the territory and parish precincts . and pope innocent the d. his decree dated from lateran , an. . ( mistaken for the council of lateran ) cited in cooks instit . p. . was but in confirmation of these precedent authorities . ly . the abuses complained against and reformed by this council , was not the lay parishioners giving away of their tithes from their own ministers and parish-churches at their pleasures ( not a word of this ) but a new minted practice of most covetous monks , religious houses , and some secular clerks , to rob the parish-churches and ministers of all the tithes of the lands held of them , by compelling their tenants and lessees by special covenants in their leases and bonds , to pay their tithes arising out of their lands , only to themselves and their monasteries : not to their parish churches as formerly ; which the pope and this great general council resolve , to proceed merely from the root of covetousness , ( let canne and his comrades observe it , who pretend conscience to be the ground ) whereupon they condemn , reform , this practice , null the covenants , bonds , deformations , and decreed restitution of all profits by these frauds to the parish-churches . and was not this a just , righteous and conscionable decree , rather than an antichristian and papal , as canne magisterially censures it ? ly . admit the parochial right of tithes first setled in and by this council ( which is false ) yet being a right established at . years since , confirmed by constant use , custom , practice ever since allowed by the common law of england , ratified by the great charter of england , ch . . with sundry other a s●atutes , acts of parliament , canons of our councils and convocations ; and approved by all our parliaments ever since , as most just , expedient , necessary : yea setled on our parish churches by b original grants of our ancestors for them , their heirs and assigns for ever , with general warranties against all men , with special execrations and anathemaes denounced against all such who should detain or substract them from god and the church , to whom they consecrated them for ever ; and that as sacred tribute reserved , commanded by god himself , in the old and new testament as a badge of his vniversal dominion over them and their possessions , held of him as supream landlord ; as the c council of london under archbishop hubert , in the d . year of king john , with another council under archbishop replain , e. . the council under archbishop stratford with others resolve . there neither is nor can be the least pretext of iustice , reason , prudence , law or conscience for any grandets in present power , by force or fraud , to null , repeal , alter this antient right and unquestionable title of our ministers to them now ; and set every man loose to pay no tithes at all , or to dispose of them how and to whom they will at their pleasure , to destroy our churches , ministers , parishes , and breed nothing but quarrels and confusions in every place and parish at this present , when all had now need to d study to be quiet , and to do their own business ; and not to disturb all our ministers and others rights without any lawfull call from god or the nation . which unparalleld incroachment on our ministers and parish-churches rights , if once admitted , countenanced , all the people in the nation by better right and reason may pull down all the fences and inclosures of fields , forests , or commons made since this council ; deny , substract all customs , impositions , duties , rents , payments publick or private imposed on , or reserved from them since that time by publick laws , or special contracts , and pay all their rents , customs , and tenure-services , to whom and when they please ; which our grandy late army-purchasors of kings , queens , princes , bishops , deans and chapters lands , with other opposers of tithes may do well to consider for their own advantage and security , their titles to them being very puny , crazy , disputable , in comparison of our ministers to their tithes . now whereas a thomas walsingham , randal higden a monk of chester in his polichronicon , and henry abbot of leycester write ; that the general council of lyons ( in france ) under pope gregory the tenth , an. . decreed ; ( what others ignorantly attribute to the council of lateran aforesaid , an , . ) vt nulli homini deinceps liceat decimas suas ad libitum , ut antea , liceat assignare , sed matrici ecclesiae omnes decimas persolverent : which seems to imply , that before this council every man might give his tithes from the mother church to whom he pleased , notwithstanding the council of lateran and innocents decrees . i answer , . that there was no such canon made in this council , as these ignorant monks mistake , which is undeniable by the acts and canons of this council , printed at large in binius , surius , and other collectors of councils ; but only one canon , against clergy-mens alienation of the revenues of the church ; and another against the vsurpation of the churches revenues by patrons in time of their vacancy : which have no affinity with that they mention ; which if true , then that which canne and others object , that the council of lateran made this inhibition , and took away this liberty of disposing tithes at pleasure from the parishioners , is false , as i have proved it . secondly , that from this mistake of these monks it was ( as mr. b selden probably conjectures ) that william thorp ignorantly affirmed , that one pope gregory the tenth first ordained new tithes first to be given to priests now in the new law. john canne to manifest his great ignorance both in history and chronologie , in his second voice from the temple , p. , . writes thus . before the council of lateran , which was under innocent the third , any man might have paid his tithes to any ecclesiastical person he pleased ; but by that council it was decreed , that tithes should be paid to the parochial priest : ( which i have proved a grosse forgerie ) and then he addes , william thorp saith , that pope gregory the tenth , was the first , that ordained tithes to be paid to priests , in the year . fox , p. . wherein , . he mis-recites thorps words , who speaks not of tithes in general , but only of new tithes : not antiently paid by the jews , nor prescribed to them by god. and is this square dealing ? ly . he subjoyns the time ( which thorp and master fox do not , ) referring this decree of gregory the tenth , to the year . which was four years before the council of lateran , by his own confession and falls within the popedom of innocent the third , and is no less than . years before the council of lyons under gregory the xth. and his papacy ; there being no less than seven popes intervening between this innocent and gregory , as platina , onuphrius , in their histories of popes lives , and binius , spondanus , oxenetius , matthew westminster , the centuries of magdenburg , mr. fox himself and heylin affirm . and most certain it is , that neither this pope gregory , nor the council of lyons under him , nor of lateran under innocent , made any such decrees concerning tithes , as canne here boldly asserts ; and with these two forgeries , he most impudently concludes , the payment of tithes is popish , nothing more certain , ( when as nothing is more false or fabulous ) and so within the d . article of the covenant of the two nations ( nothing more untrue , both in the intentions and explanations of the makers and takers of that covenant , as their several ordinances for tithes both before and after it demonstrate ) which many have sworn ( not he nor his consederates , or else perjured with a witness , if they have done it , in every clause thereof ) to endeavour the extirpation of superstition and all kind of popery , ( therefore of all monkish , popish substractions of , and exemptions from payment of tithes to their parochial ministers fore-recited , invented , granted by popes , and real popery ) and therefore as it is a case of conscience ( for those who have taken the covenant to pay tithes , not for any man whatsoever , especially covenanters to retain them ) so men ought to be carefull either how they press it , or practise it . so this father of lyes and forgeries concludes against all truth and conscience , and dares aver to those he stiles , ( let himself determine quo jure ) the supream authority of the nation , the parliament of the common-wealth wealth of england , to engage them sacrilegiously to rob all our ministers both of their rectories , tithes , ministry at once ; to starve and famish ( they are his own uncharitable anabaptistical words , p. , . ) these antichristian idols , which if they neglect speedily to do , he more than intimates ( in his epistle to them , and let them and all others observe it ) the lord ( you may guess whom he means ) shall lay them aside , as despised broken idols and vessels in whom his soul hath no pleasure : like those who sate there before them : just john of leydens doctrine and practice . it is storied of sacrilegious philip of macedon ( by a polybius and others ) in aras et templa saeviit , ipsos etiam lapides infringens , ne destructas aedes posthac restitui possint , and that to raise monies to pay his all-devouring army ; and of dicaearchus ( his atheistical general , as impious as his soveraign ) that returning victoriously from sea , he built two altars , one to impiety , the other to iniquity , and sacrificed to them as to gods. certainly b john canne , who would have all our churches razed to the ground , and not a stone of them left upon a stone unthrown down , that they might never be built again , ( the true voyce of a son of edom and c babylon ) and all our ministers rectories , tithes , food and maintenance , whereby they are fed and kept alive , taken away by the magistrates , ( and that to maintain the army and souldiers , as some design ) would be a very fit chaplain for such a sacrilegious king and general ; and a fit priest or minister for these two infernal deities of impiety and iniquity , the only gods , which too many pretended saints and anabaptists really serve , worship in their practice . but let canne with all his impious , unrighteous , seduced disciples , patrons , remember that blessing which dying moses , that man of god , ( a better president , general for christians to follow , than these pagan atheists ) bestowed on the tribe of levi ( a extending to all true ministers of the gospel now ) with his bitter imprecation against all who invaded their substance , function , or rise up against their office , recorded thus for their shame and terror , deuter. . , , , , . this is the blessing wherewith moses the man of god blessed the children of israel before his death . and of levi he said , let thy vrim and thy thummim be with thy holy one : for they have observed thy word , and kept thy covenant . they shall ( or let them ) teach jacob thy judgements , and israel thy law : they shall put incense before thee , and whole burnt sacrifice upon thine altar . blesse o lord his substance , and accept the work of his hands : smite through the loyns of them that rise up against him , and of them that hate him , that they rise not again . which i shall recommend to john canne for his next text , when he preacheth before his fraternity of anabaptistical tithe-oppugners , and church-robbers ; to all injurious substracters of their ministers tithes , and professed enemies to their calling . and so much for the third proposition . chap. iv. i now march to the th . proposition , that our ministers tithes are really no burthen , grievance or oppression to the people ; but a just antient charge , debt , annuity or duty , as well as their landlords rents , or merchants poundage . that the abolishing of them , will be no real ease , gain , or advantage to farmers , lessees , and the poorer sort of people ( as is falsely pretended ) but only to rich landlords and landed-men , and a loss and detriment to all others . there have been divers clamorous petitions of late against tithes , subscribed by many poor people , labourers , servants , apprentises , who never were capable in their estates to pay any ( not by the nobility , gentry , and freeholders of the nation , or the generality of those whose estates are most charged with them , who repute them no burden nor grievance , and desire their continuance ) as if they were the very bonds of wickednesse , the heavy burdens and yoak , which god himself a by an extraordinary call , hath called forth some in present power speedily to loose , undo and break , isay . , . to which they allude , and much insist on , when as it is most clear , that this perverted text was never once intended of tithes , which god himself imposed on his people , as a just reserved rent and tribute due unto himself and his ministers , and adjudgeth it plain b robbing of god to substract , much more then to abolish , and those who press the abolishing of tithes from this text , may with much more colour urge it against all landlords rents , annuities , tonnage , poundage , the antient customs of wool , woolfels , leather , tinne , lead , which they and their ancestors by their tenures and our known laws have paid time out of mind : and presse those in power to expunge these texts out of the very gospel , as apochryphal and burdensom , mat. . . render to caesar the things that are caesars ; and unto god the things that are gods ( a clear gospel-text for the payment of tithes , which are gods own tribute and portion , levit. . , . mal. . , . ) and rom. . render therefore to all their dues , tribute to whom tribute is due , custom to whom custom , &c. against both which they directly petition , as the premises demonstrate . this calumny and wresting of scripture being removed , i shall thus make good the first branch of the proposition . i have already manifested by undeniable antiquities , laws , records , that tithes were freely given to and setled on our church and ministers , by our pious kings munificence , charters , laws , with the general applause and consent of all the nobility and people , upon the very first setlement of religion in this island , many hundred years before we read of any publick taxes for defence of the realm , or maintenance of the warres by land or sea , the first whereof was a dane-gelt ( first imposed by common consent of the lords in parliament , an. . ) or before the antientest yet continued custome on wool woolfels and skins exported , first granted by parliament in e. . anno dom. . at least . years after the first extant grant , law and setlement of tithes in perpetuity , as a divine duty , rent and service for the necessary maintenance of gods ministers and publick worship . this most antient , annual rent , charge or tribute unto god , hath inviolably continued in all publick changes and revolutions of church and state ; britons , saxons , danes , normans , english , papists , protestants , conquerors , invadors , right heirs , and lawfull purchasers , intruders , disseisers , lessees of all sorts , whether publick persons or private , maintaining , confirming , rendring their tithes successively , as a divine and sacred quit-rent due to god , wherewith they came charged into the world , till they departed out of it ; laying down this for a principle of divinity , law , equity ; b that god alone hath given to every man the lands and all he holds and possesseth , whereby he gains his food and living ; and therefore out of the land and trade , whereby every one gets necessary supply for his body , he ought to contribute a tenth and tribute towards the service of god , and salvation of his soul , much better than his body ; as augustine in his . sermon . tom. . and the antient saxon canons of an uncertain time and author resolve . there was no purchaser , heir , inheritor , farmer , tenant , or lessee of lands in our whole nation , that paid tithes out of it , since tithes first setled in this kingdome ; but he inherited , purchased , took and held his lands charged with tithes ; whence our a law-books resolve , that no lay-man can by the very common law of england , allege any custome or prescription , for not paying tithes ; but only a modus decimandi in recompence of his tithes ; which he may in some cases plead , because grounded on some antient contract and a valuable consideration in lieu of tithes . moreover , as all men took their purchases , farmes , leases or inheritances , by descent thus charged ; so this charge was universally known to all purchasers , lesees , and the full annual value of the predial tithes they pay out of their lands , or leases , abated them in their purchases , rents , fines , by the venders and lessers , of purpose to defray the publick necessary annual charge ; which if the lands had been tithe-free , had been proportionably raised , to the common value of the tithes , in the purchase-moneys , fines , or rents ; and will be so by every seller of lands , and land-lord , when ever tithes be suppressed . this being a clear undeniable truth , which every rational man must subscribe to ; it is certain , no person this day living , complaining or not complaining against tithes , can in verity , equity , justice , reason , repute or call them , either an unjust or oppressing yoak , bond , burden ( as many ignoramusses do , without sense or reason ) nor any burden or charge at all to him , since he had , or rather hath the full annual value of them allowed him in his purchase , fine , or rent , by him that sold or leased his lands unto him . and although it be true , that in such tithes as the earth doth not naturally produce without labour ( as it doth grasse , wood , fruits , ) viz. corn , hops , saffron , woad , and the like , the minister enjoyes the tenth of the husbandmans increase , seed , labour and costs in tillage and improvement ( the great objection against tithes as an heavy burthen , and oppression ) yet all this pretended great cost and charge ( except only in cases of improvements ) was altogether , or for the most part allowed and defalked in the purchase , rent , or fine ; which if tithe-free would have a been , ( and when made tithe-free , will be ) raised to the full value of the tithes , even one years purchase more in ten sales , and . rent more in every pound each year upon leaser , as all understanding men knowing what belongs to purchases , sales of lands or leases must acknowledge . and that farmer , purchaser , or improver of lands , who deems not his faithfull ministers prayers , preaching , pains , and gods blessing on his seed , crop , estate , soul , family , b promised and entayled to the true payment of tithes , and are only procured by his ministers prayers , without which his seed , crop , and all his estate would be blasted with a curse , & amount not to a tenth part , of what he now enjoys by gods promise and blessing by paying tithes , and his ministers prayers ; deserves not the name of a rational man , much lesse of a christian ; and can expect nothing but gods curse upon all he sowes , plants , enjoyes , instead of a blessed crop or harvest . all which considered , i appeal to any christian , or rational mans conscience , whether tithes be any such heavy , oppressing , intollerable , discouraging yoak , bondage , burden , oppression as some now declaim them , which gods chiefest saints before the law voluntarily rendred without murmuring , and chearfully vowed , paid unto god without a law , and his antient people rendred without murmuring ( though double to our tithes now ) by an express law , during all the levitical priesthood , and all our own ancestors , as well protestants as papists , have for so many hundred of years chearfully rendred without dispute , and all now living came charged with into the world , and were thus allowed the value of them in their purchases , fines , and leases . and whether all tithe payers have not far more cause to petition against all old and new rent-services , rent charges , annuities , quit-rents , statutes , debts , wherewith they were charged by their ancestors grants or contracts , and of all the antient customs for merchandize for defence of the seas or realm , as intollerable oppressing burdens , yoaks , grievances ( as the levellers and anabaptists in some late printed papers stile all customs , tonnage , poundage , impositions whatsoever , as well as tithes , our excises , or monthly taxes , of new illegal formation , as well as imposition ) than thus to murmur , complain , petition against their predial tithes , our ministers chiefest livelihood , except in cities which have no tillage , woods , or meadows ? and so much brieflly for proof , that tithes are no real grievance , burden , oppression , to gods people ; especially since orignally granted and commanded by god himself , whose commandements are not grievous , john . . and whose heaviest yoak is easie , and burden light , matth. . . and those new-saints , who shall think otherwise of this divine commandement , yoak , and burden of tithes , under the gospel , give the gospel it self and christ the lye herein . for the d . branch , that the abolishing of tithes will be no real ease , gain , or advantage to farmors , lessees , and the poorer sort of people , lyable to pay tithes ( other poor being not concerned in the controversy , whose poverty it self ex-exempts them from this surmised grievance ) but a gain and benefit , only to rich landlords and landed-men , is apparent by the premises . for no sooner shall tithes be abrogated , but every landlord will raise the full annual value of them in his annual rents , or fines , and exact more for them from his poor tenants , farmers , lessees , than they might have compounded for with their ministers : and where then is their expected gain , or ease , wherewith they are deluded by impostors ? as for the rich landlords , they complain not of tithes as a burden , and need no exemption from them : and as all predial tithes now really issue out of their inheritances charged with them in perpetuity , who therefore abate , allow the full value of them to their farmers and tenants in their fees and rents , by way of defalcation , they being in truth the greatest and most considerable tithe-payers , not the poor farmers , or under tenants : so their inheritances only will be much improved , augmented by tithes abolishing at least one part in ten ; whiles the poor ministers and families shall be starved , and the tenants then more racked by the landlords than by the ministers now . and this is the godly goodly ease this saint-like project will effect , if put into execution , by which none will be real gainers , in their temporal estate , but those who have inheritances ; and all losers in their spiritual estate , by the losse or great discouragements of their ministers , hebr. . . this will appear by the practice of some greedy land-lords of old , thus recited , condemned in this decree of the council of lateran under pope innocent the d anno . in aliquibus regionibus , &c. ( i will english it , that our country farmers may the better understand it , ) in some countries there are a stupid ( or mungrel ) sort of people who living according to their custom , although they have the name of christians ( i doubt canne will say they were anabaptists , and his godly predecessors ) some lords of farms ( or lands ) let them out to these men to manure ( ut decimis defraudentes ecclesias , majores inde redditus assequantur ) that by defrauding the church of tithes , they may gain the greater rents from their tenants ( equivalent no doubt to their tithes , where then is the tenants gain by any hoped exemptions from tithes ? ) being willing therefore to provide remedy for these prejudices , for the indemnity of churches , we ordain that the landlords themselves shall commit their farms to be leased to and tilled by such persons , and in such sort , that without contradiction they may pay tithes to churches with integrity ( or their intire tithes without any deduction : ) and if there shall be need , let them be thereto compelled by ecclesiastical censure , for these tithes are necessarily to be paid , which are due by divine law , or approved by the custom of the place ( though not within the letter of the divine law , is the councils meaning , not any modus decimandi of ought within gods law , against which no custom can or must prescribe ) let all country-men learn from hence , what they will get by abolishing tithes , if voted quite down . nay let them consider well , whether the real designs now on foot , prosecuted by some army - officers and souldiers , be not to vote down tithes , just as they did the crown lands ( formerly a reputed sacred , and incapable of any sale , because the common standing inheritance of the whole realm to defray all ordinary publick expences in times of peace and war , to case them of all subsidies and taxes whatsoever , except one in three or four years upon extraordinary occasions , granted in full parliament for their safety ) even to vote them only from the ministers , and get them into their own hands , to help pay themselves and the army , under pretext to ease the people in their taxes ; and yet continue their taxes still upon them in the same extream ( or 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 chaptets 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 a●rears ; 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 . . it will be so to all our ministers and their families , tithes being their principal livelihood . ly . 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 . ly . to all impropriators and their lessees , which are very many ; there being by a mr. cambdens and others computation , . parishes in england , whereof . ( 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 . ly . 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 at 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 . ly . 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 a hospitality ; now much decayed by heavy and endless taxes , and unconscionable substractions of their tithes , by sectaries , souldiers and lawless covetous earth-wormes . ly . 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. b augustines observation long ago , recorded by c gratian , d 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 sequestr●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 . declared for , and observed as a truth in those daies . and angelus de clavasio in his summa angelica tit. decima sect . . in his time . petrus blesensis , arch-deacon of bath ( who flourished about the year of our lord . ) 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 . . 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 cutthroat of vertues , this original of sedition , this sink of scandals , hath dared to break in even to your congregation ; the votes and tongues of all men would be loosened into the commendation of your sanctity , if you did not forcibly snatch away that which is anothers ; if you did not take away tithes from clergy-men . this is a convectio ( or rapine ) little enough , but that which doth not a little dishonest your life . by the testimony of the scriptures , they are the tributes of needy souls . and what is this injurious immunity that you should be exempted from the payment of tithes to which the lands were subject , before they were yours , and which are hitherto rendered to churches , not out of respect of persons , but by consent of the territory ( mark now the just punishment upon them , for this their covetousness and exemption from tithe-paying ) milites galliarum sibi jus decimarum usurpant , &c. the souldiers of france usurp to themselves the right of tithes , and have no regard of your privileges : eas a vobis potenter extorquent : they extort them from you by the power of the sword. adversus eos debetis insurgere , non adversus clericos , aut ecclesiasticos clericos . you ought to rise up against them , but not against clergy-men , or the churches of clergy-men . laurentius bochellus recites & inserts it into his decret . eccles . gall. l . tit. . c. . p. . printed an. . from which authorities , i must tel all country farmers and others , now busling to exempt themselves by the power of the souldiers from paying their antient due setled tithes to their ministers , that they shall at last but only change the hand , and be enforced to pay tithes with a witness to the souldiers , even by obtaining their desires . whiles i was a late close prisoner in pendennys castle in cornwall under souldiers ( i never yet knew why ) i heard some officers there ( who had purchased crown-lands in cornwall , not for mony , but arrears of pay ) amongst other their new projects oft times peremptorily saying , we will have all tithes put down ; whereupon i told them , they should have done well to have added saint james his advise to their peremptory words and wills ; which he much censures ; by saying , as they ought to do : if the lord will , we will do this or that , james . , , , . which i thought they durst or could not subjoyn to their former words , because it was both against the will and command of god , that ministers tithes should be put down , especially by souldiers , who received far above the tenth part of them in monthly taxes for their pay ; and from whose practice of receiving constant pay for their military service , the apostle proves the lawfulness of ministers tithes and salaries under the gospel , cor. . . after which discoursing merrily with them , i told them , i conceived the true reason , why they and other officers formerly for tithes and ministers , were now so eager against both , was , because most of them had lately purchased so much crown , bishops , deans , and chapters lands charged with tithes , that now out of mere covetousness they would pull down tithes , to hook them into their own purses from the ministers , and though they were never purchased by them in their particulars to improve their over cheap purchases , to the highest advantage ; and because others should not blame them for it , they turned preachers themselves , that they might claim some seeming right to their own and others tithes , and save the charges of a minister . at which they gave a silent blushing smile , without a reply . not long after , about the beginning of january last there came a petition ready drawn to the castle , from the general council of the army-officers , sitting at st. james's ( as the souldiers themselves informed me ) directed to those , who then were stiled , the parliament of the common-wealth of england , and supream authority of the nation : though those who sent it knew the contrary , the supream power lay in others hands ; the effect of which petition was , for the total abolition of tithes of all sorts , as a jewish and antichristian bondage and burden on the estates and consciences of the godly ; and that for the future they and the people might not be insnared or oppressed with tithes , or any forced maintenance to the ministers , or any thing like it in the stead thereof . this petition all the officers and souldiers in the garrison by beat of drum , upon the change of the gards , were summoned three several mornings , ( just before my chamber window ) to subscribe , together with a printed letter sent from the said council of officers , to all the garrisons and souldiers in england . scotland , and ireland , concerning the heads of their intentions and designs then on foot ( and since executed ) desiring their opinions of , and concurrence with them therein by their subscriptions . this letter with the petition against tithes , were both read together to the souldiers three several mornings , who at the close every morning , gave two or three great shouts ; and afterwards subscribed both the letter and petition . one ensign and two common souldiers ( who had formerly read the worcester petition for tithes , which this was to countermine ) though they readily subscribed the letter , yet refused to sign the petition ; because they thought it very unreasonable to take away ministers tithes altogether , and provide no other maintenance in lieu of them ; for which they were threatned to be turned out of the garrison and cashiered ere long ( as i was informed by other souldiers ) all the rest subscribed it , and divers of them against their consciences ( as they confessed to me ) because they durst not displease their officers , nor those who sent it to them . some officers and souldiers of the castle ( who were most against all publick ordinances and ministers , never resorting even to their own meetings , and unordained speaking chaplains in the castle ) were sent and imployed into the country to get country-mens subscriptions to the petition against tithes , in the name of the well-affected godly people in the county of cornwall ; as if it proceeded from the country-men , not the officers and souldiers . in which service , these active stirring spirits were very industrious in all parts to procure hands to this petition , seducing divers to subscribe it , by misinforming them , that it was only against impropriators tithes ; which some honest religious gentlemen , substantial freeholders , and grand jury-men of the country being informed of , drew up a petition ( in the name of the gentry , freeholders , and others of the county , for the continuance of tithes and ministers setled maintenance , subscribed with many hands , and presented by the grand jury men to the justices at their general quarter sessions , to send up to those then in power , as the desire of the gentlemen , freeholders , and the generality of the county ) which petition ( as i have been informed ) was presented accordingly by one of the justices , by order from the bench , though one of his companions when it was delivered by the grand jury to him to present to the bench , had the impudence to tear the petition in pieces in open court , before he acquainted his associates with it ; for which he received a publick check . after the souldiers subscription of the foresaid petition against tithes in the castle , the 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 dissimulati●n , 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 abolish their ministers tithes , in the old poets elegie , in a like ease as ours , impius haec tam culta novalia miles habebit ? barbarus has segetes ? en quò discordia cives perdurit miseros ! en queis consevimus agros ! a 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 him ▪ 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 b officers printed proposals , august . . 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 true , proper , legal right unto them ; and this to propagate the preaching of the gospel . i profess when i read it in the diurnal , i told some souldiers who brought it me to read in pendennys , . 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. . , , . and chron. . , &c. and the heathen poet concluding , quis enim virtutem amplectitur ipsam , praemia si tollas ? ly . 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 . ly . 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 or 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 a 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 subitan 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 a 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 , . 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 . ly . 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 . ly . it is observable , that the petitioners against tithes upon this ground , are as eager a 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 parts 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 as high customs or higher , than b 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 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 . ly . 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 b 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 . ly . 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 profits 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 e. . c. . which provides , that all such barren heath , or waste grounds , which before that time have lyen barren , and paid no tithes by reason of the said barronness , and now be , or hereafter shall be improved or converted into arable 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 ancient 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 , . as the marginal a 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 b goldastus and mr. c 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 a 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 b 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 c a chosen generation , a roy●● priesthood , yea army of priests , being d made kings and priests by christ himself to god the father : as john canne hath published in his voyce , p. , , , . 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. . 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 , or . 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 , chapters , and ministers glebes and tithes ) sold or conferred on the officers and souldiers , of the army for their better encouragement , reward and supportation , to propagate defend religion and the common wealth : a design now eagerly prosecuted by some . to which let them receive this answer before hand , since i intend not any future treatise of this nature , . that i never read of any pious generals , armies , officers , or souldiers in scripture ( the a rule of faith and manners ) that spoyled the church or ministers of their lands and tithes to maintain their wars , or enrich , reward themselves ; but we find it expresly recorded of b abraham , the father of all the faithfull , that he paid tithes even of the spoyls of the first wars , to the first p●●●st we find in scripture , unto christ himself , both in the old and new testament , for other christian souldiers imitation . the like we read of c david , and all his officers , captains of the army , with sundry others fore-cited ; whose presidents are more obliging and commendable than charles martels . ly . that it was the custom , use and pious practice of many pagan warlike nations , as the romans , graecians , carthaginians , tyrians , saxons to do the like , who consecrated the tenths of all their spoyls to their idol-gods and priests , as we may read at large in mr. seldens history of tithes and review , c. . and in mr. richard mountague his diatribe thereon , ch . . therefore they are worse than pagans who neglect not only to pay their ministers the tenth of their spoyls , but will even spoyl them of their glebes and tithes besides . ly . it is very observable ( and let our souldiers and officers consider it in good earnest ) that god himself specially consecrated and devoted the future spoyls , a sacrifice for and to himself , and all the spoyls , city of jericho ( the very first city taken by the israelites in the land of canaan ) as a sacred first-fruits and kind of tenth for the use of his sanctuary and priests , in these memorable words , josh . . , , . and the city shall be devoted , even it and all that is therein ( except rahab and her family and house ) lord. whereupon when the city was taken , they burnt it and all that was in it ( as a sacrifice to the lord ) but the silver and gold and the vessels of brass and of iron , they put into the treasury of the house of the lord , v. . but acban ( a covetous plundring souldier ) seeing among the rich spoyls of the city a goodly babylonish garment , and two hundred shekels of silver , and a wedge of gold , coveted , took and hid them in the midst of his tent ; which so much kindled the anger of god against the children of israel for this his trespass in these devoted things ; that they were presently smitten before their enemies of ai , and fled before them . whereupon joshua their general and chief governour humbling himself before god , and requiring the cause of this ill success ; god returned him this answer , israel hath sinned , and they also have transgressed my covenant which i commanded them ; for they have taken of the devoted thing , and have also stollen and dissembled also , and they have also put it among their own stuff . therefore the children of israel could not stand before their enemies , but turned their backs before enemies , because they were accursed , neither will i go with you any more . o israel thou canst not stand before thine enemies , untill thou hast taken away the accursed devoted thing from among you . whereupon this sacrilegious robbery of achan being discovered by lot and his own confession ; and hid stoln plunder devoted to god taken forth of his tent , and powred out before the lord in the presence of joshua , and all the children of israel : joshua passed this judgement against him for his sacrilege , why hast thou troubled israel ? the lord shall trouble thee this day : and all israel stoned him with stones , and they burned them with fire ( as a devoted sacrifice to god ) after they had stoned him with stones . and they raised over him a great heap of stones unto this day . so the lord turned from the fiercenesse of his anger . wherefore the place is called the valley of achor ( that is trouble ) to this day . and when hiel , many hundred years after in idolatrous ahabs daies , would needs seize upon the devoted spoyl of jericho , and build it again for his own habitation ; he laid the foundation thereof in his first-born abiram , and set up the gates thereof in his youngest son segub , ( that is , god destroyed , and cut off all his posterity before the gates were set up , and the building finished ) according to the word of the lord , which he spake by joshua the son of nun ; as we read at large , josh . . throughout , kings . . and josh . . . i read of a ataxerxes , that ( in imitation of cambyses before him ) he caused some judges ( betraying their trusts , like b tresylian of old , and too many of late ) to be excoriated alive , and their skins to be hanged up round about the tribunals , that the other judges sitting upon them might have an example hanging before their eyes , what punishment the pravity of iudges did demerit . i desire all souldiers , officers , and sacrilegious anabaptists , would hang up these skins and examples of achan and hiel before their eyes , recorded in sacred writ : and then make this use and application to themselves of them . if achan for stealing away only a babylonish garment and a few shekles of silver and gold of the very spoyls of iericho devoted to the service or treasury of the house of the lord , brought so much wrath , misery upon the whole nation , and camps of israel , and such a fatal death and exemplary punishment upon himself ; and hiel only for building upon the ruines of the soyl of this devoted city drew down sudden death and destruction upon all his sons and posterity ; o what strange exemplary wrath , vengeance , and judgements shall we then draw upon the whole nation , army , our souls , bodies and posterities to their utter extirpation , if instead of rendring unto god and his ministers the tenth of our warlike spoyls belonging of right unto them ; we shall sacrilegiously rob them not only of these tenthes , and all other issuing out of our lands and estates , but even of all their other glebes , rectories , tithes , revenues ; demolish the very churches , houses , dedicated to gods worship , or turn them into houses for us and our posterities to inhabit : and obstinately , yea atheistically refuse to take warning by their , and other sacrilegious persons tragical examples ? ly . let those who will imitate charles martels president , remember . his punishment : a historians record , that for this his sacrilege , he 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 sue 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 comparuit ; as matthew westminster stories of him . ly . the censure passed against him for this sacrilegious robbery , by the marginal authors and others : especially by agobardus bishop of lions , an. . in his book * de dispensatione , & rei ecclesiasticae contra sacrilegos , worthy the reading , who thus complains , p. . 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 . l. . epist . . where he gives this censure of his practice , and others : inter omnia vero hic mala , illud excedit , et diabolicam fere modum videtur aequare nequittam . quia pradiis 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 adduntur in beneficium secularibus : moreover tithes and people are likewise added and conferred on ( these ) secular men for a reward : which in his lib. . epist . . & lib. . epist . . 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 perith ? petrus blesensis arch-deacon of bath : epist . . & joannis de belith de divinorum officiorum explicatione , c. . 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 carting in the high way , and convert them to their proper use ; as souldiers use to do . ly . let them remember , that charles martels immediate successors so much detested both his practice and sacrilege , that by a 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 . ly . let them consider the large revenues the popish clergy at this day enjoy in france , amounting to above . millions of annual rents , at a moderate value , besides mony and oblations ; as bodine , thuanus , hist . l. . ioannes de laety descriptio galliae , c. , . record . to which i might adde the extraordinary great revenues of the popish clergy in spain , recorded by lucius marineus , siculus , ioannes de laet , in his hispaniae descriptis , cap. . & 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. . 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 ? ly . 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 , . they were raised for the a 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 . ly . they were raised and fought for the preservatirn 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 . ly . 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 , a 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 full 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 a 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 b 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 iustitia , 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 disinheris on of their lands , laws , liberties , powers , by military rapines , violences , and usurpations . ly . the exemptions of the hospitalers and templers lands from paying of tithes , was a 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 , b 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 : nor 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 . . 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 c antient 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 . d 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 forever 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 lands 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 . ly . 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 e pope gregory the first ( which famous f 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 , . which intimated to me at first sight , that antichrist was in the army : and truly if 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 a exalteth himself above all that is called god or worshipped , that is , above kings , lords , parliaments , and all civil and ecclesiastical powers whatsoever , as b expositors resolve ) into our church , and re-establish him in his throne . ly . 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 c 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 . 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 d 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 . , . 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 as prayed : yea , he was so far from this , that when the angel of god came to him in a vision ; he sayd , thy pr●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 things 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 b 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 , blind folded , 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 , crucified 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 a 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 b 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 c 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 d soldiers of jesus christ , but of antichrist alone ; and the e crucifiers of christ again in his faithfull ministers and members ; which i desire them all sadly to consider . ly . admit them to be made kings and priests to god the father by christ , in a spiritual sence , as a 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 the apostle interprets it , hebr. . . 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 . ly . 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 out 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 a 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 beacon fired , and new law , p. , . 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. ly . what , that more true light and glorious discoveries of christ and his kingdom made known to the people of this common-wealth within these , or . 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 a their works , with their jesuitical positions , plots , practices , recited in the fifth chapter . and if these be not true b infernal darknesse , and clear inglorious discoveries of c 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 . ly . 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 a blind leading the blind in both , they must fall into the pit of destruction in a moment . it is storied of b 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 c 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 d 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 . in his works in folio , p. , . which is very pithy , learned and satisfactory , omitting all others . now to stay the restoring of jericho , many good waies may be devised . the . maintenance of schools and learning . that learning and knowledge is able to hinder the building of jericho is so plain that it needeth no speech . in the time of moses law , aaron the great bishop and high priest had written in a tablet before his breast , doctrin and truth ; not only learning , but also truth ; whereby was meant , that neither ought to be without the other for , as learning is dangerous and hurtfull ( in some cases ) without religion : so is religion unable to defend it self , & to convince the gain-sayers without learning . for this cause the heathen when they erected temples in honour of their gods , they did also build libraries , that is , places to keep books , that by such means their priests might grow in knowledge , and be better able to perswade others to their religion . strabo of the sinprincians , that they built a temple in honour of homer , and joyned thereto a library . augustus the emperor built a temple , and also a library in the honour of apollo . trajanus in like manner built a library , and called it vlpia , after his own name . at rome in the capitol , where all the gods had a solemn place for to be worshipped in , there was also placed a library . athens was a famous universitie , and had many colleges and schools of learning , academia , stoa , lycaeum , canopus , prytanneum , tempe , cynosura : in which places were divers sects of philosophers . such were in persia , the wisemen , whom they called magi : in babylon the chaldees , in india brachmanes , in aethiopia gymnosophistae : in france and england druides : and others in other countries . in all times the kings and princes which did set forth religion , were also builders of schools and colleges , and advancers of learning . the people of israel were never in better state , ( as p. phagius a learned man noteth out of their story ) than when they had in every town and village bathe chenesioth , and bathe medraschoth , that is , synogogues wherein they assembled together , and places to preach in . the same phagius , relateth of hierusalem , that there were in it more than four hundred common schools and synagogues wherein the law of god was taught . the patriarch jacob was called a minister of the house of learning , because he applyed himself to the knowledge of the law of god , and to godliness . the prophets of god had their schools to breed up under them such as might after their death draw the people from idolatry , and resist the false prophets . they which were so taught by them were called the sons of the prophets . samuel taught in such sort at rama : elias and elizeus the prophets , taught the law of god besides jericho . st. john the evangelist taught at ephesus , and eusebius reporteth out of philo , that st. mark had at alexandria sundry scholars which gave themselves to reading , and reasoning and expounding of the scriptures . others did the like at antioch , and at other places . out of such schools it pleased god to take many excellent men , and place them in his church , as origen , tertullian , cyprian , lactantius , arnobius , basilius , nazianzenus , chrysostomus , hieronimus , ambrosius , augustinus , &c. who were brought up in all kind of learning , and became shining stars , and brought lights in the house of god , notable defenders of religion , over-throwers of idols , and confounders of hereticks . christian princes herein have witnessed their zeal in setting forth the glory of god. after charles the great had , made his notable conquests ( let our conquerors remember it ) he erected five famous universities , one at paris , another at tolouse , another at papia , another at padua , and another at prague : ( to which our king a alfred founder of out famous universitie of oxford with the founders of all the colleges therein , and of the universities of cambridge , dublin , and those in scotland , to omit those universities in germany , spain , portugall , poland , denmarke , sweden , hungary , and other parts of italy and france , mentioned by heylen and others , might be added : ) b suidas reporteth of leo the emperour , that when leo on a time commanded eulogius a philosopher should have his princely reward ; a noble man of the court , sayd : ( as some do now of our universities and colleges lands and revenues ) that that money would be better imployed for the maintenance of souldiers . nay , ( saith he , and so all wise men now ) i would rather it might be brought to pass in my time , that the wages which are now bestowed upon souldiers might be given to maintain philosophers . c alexander severus , so highly esteemed that notable famous lawyer , vlpian , that when certain of his soldiers ran feircely upon vlpian to slay him , the emperor stept forth , and set himself between the body of vlpian , and the fury of his souldiers , and covered him with his own robes , that the souldiers might know how carefull he was for the good estate of vlpian : ( let our souldiers who hate and study to suppress philosophers , scholars , lawyers , consider these two last stories : ) and also for the contrary ; such as have practised cruelty upon learned men , and have hated knowledge were worthily discommended in the stories of all ages ; he instanceth in the wicked apostates , julian and licinius , forecited examples . the like is reported of caligula , caracalla and domitianus , that either they utterly hated all manner of learning , or had some special malice against the writings of some one notable man , and therefore sought to destroy them . such was the policy of satan , so thought he to get the upper hand , and to restore again his wicked jericho . and were these the practices of heathen princes only ? may not we remember the like attempts wrought in our dayes ? who will call to mind the time that is not far past , shall find that this ignorant iericho had many friends : ( and hath it not now as many and the same ? ) who by all means drew men from knowledge ; they gave liberty rather to do any thing , than to seek understanding ; and yet suffered rather the use and reading of fabulous and unclean writers than of the holy scripture , and books which carried fruitfull instruction . good letters to increase knowledge are not to be neglected . such as presume of gods spirit over-boldly , that without endeavour to use the wholsome means which god hath left unto his church , they shall and doe by special inspiration , understand his will , do tempt god. he adds much more . in brief , learning , knowledge in arts , tongues , histories of all sorts , and in the laws , governments of former ages , are so absolutely necessary for the right understanding and interpretation of the scriptures , and good government of all common-wealths and kingdoms , that without them there neither will nor can be any true religion , sound knowledge of god , his word , or works , nor orderly government , humanity , civility , navigation , or commerce almost in the world ; and men deprived of it will be little different from beasts , as appears by the brutish sottishnesse , barbarousnesse , savagenesse , ignorance of the illiterate indians in america , and of some other african and northern nations , voyd both of religion , government and humanity it self , because destitute of learning , as purchas his pilgrimage , mr. hackluits voyages , peter martyrs indian history , mercator , and others record . hereupon our antient ancestors were so carefull of learning , religion , ministers , scholars , lands , estates , tithes , that they placed them in the very front of all those antient laws , liberties , customs which they claimed , enjoyed , and presented to william the ( pretended ) conqueror upon oath in the th . year of his reign , who ratified them in parliament , without the least alteration or diminution , to his eternal honour , and the great contentment of the whole nation , whose affections else he would have lost , to the endangering of his new acquired royalty , as i have proved in the b d. chapter . which our new pretended conquerors , may do well to consider . and so i proceed to my concluding assertion . chap. v. i am now arived at the fifth and last proposition , that the present opposition and endeavoured abolition of tithes and all other coercive maintenance for ministers , proceed not from any real grounds of piety or conscience , or any considerable real inconveniences or mischiefs arising from them , but merely from base , covetous , carnal hearts , want of christian love and charity to , and professed enmity and hatred against the ministers and ministry of the gospel ; and from a jesuitical and anabaptistical design to subvert and ruine our ministers , church and religion ; the probable , if not necessary consequence of this infernal project , if it should take effect . which would prove the * eternal shame , infamy and ruine of our nation , not its glory and benefit . the first part of the proposition is sufficiently manifested by the premises , wherein i have answered all objections from pretended grounds of piety , conscience , and surmised inconveniences or mischiefs made against tithes , discovering them to be mere impostures , and false surmises , and the principal objections against them are , that they are jewish , popish : and iohn canne in his second voyce from the alehouse ( for surely it came from thence , not from the temple ) to shew his skill in divinity most impudently asserts . that payment of tithes is a sin two waies against the second commandement , . in it self , as being iewish and superstitious , giving honour to the wayes and devises of antichrist . this way of maintenance by tithes being a popish custom , imposed by the popes authority , &c. ly . as paid to an unlawfull and antichristian ministry , &c. surely a lyer ought to have a good memory ; he confesseth , p. . that tithes were paid by abraham , vowed by iacob , and prescribed by god himself in the ceremonial law . therefore neither jewish , nor popish , nor superstitions , nor a sin against the d . commandement : else abraham in paying , iacob in vowing , god in prescribing , the israelites in paying them , should transgresse this commandement , and commit a sin against it , i would demand of this canne , how he can reconcile these his palpable lyes and contradictions unbecomming him who professeth himself a true minister of the gospel . . how tithes can be merely jewish , since paid by gods direction and approbation , by abraham the father of the faithfull , and that to christ himself , in the shape of melchisedec , and prescribed by gods own special precept ? ly . how any thing commanded by god , even when the d . commandement was given , recorded in the same canonical books of scripture with it , practised by gods special command by all his true saints under the law , and generally in all christian churches under the gospel , as i have proved ; can possibly be , a sin against the d. commandement in it self ? and whether it be not direct blasphemy in him thus confidently to aver it , in making gods very commandements to fight one against another , and to command one thing as a duty in some texts , and condemn it as a sin and damnable superstition in another ? ly . how tithes if truly and orignally iewish , can yet be truly and originally antichristian , popish , and the popes device , many thousand years after tithes first institution and customary payment ? till he can satisfactorily reconcile these apparent contradictory assertions , or publickly recant them if he cannot , all the world must accompt him for an antichristian minister and lying impostor , his voyce , the voyce of him that reproacheth and blasphemeth both god and men , psal . . . and confess there is no ground at all in piety or conscience against tithes , or their payment , but grounds both of piety and conscience for them , as i have proved ; especially for our godly ministers and preachers of the gospel ( for whom i only plead ) whose calling being of unquestionable divine institution , notwithstanding all cannes alehouse arguments against them ( not worth a canne ) and to continue in the world to the very end thereof , and the consummation of all things , by christs own resolution , matth. . ephes . . , , , . they may and ought by divine and human laws , to enjoy their glebes and tithes so long continued , maugre all the malice , power of their violent oppugners , and will do so when they and their posterities shall not have so much as a name or being upon earth or in heaven ( unless they repent ) notwithstanding they were justly taken from popish fryers , abbots , priors , lordly prelates , ( of mere popish antichristian institution , not divine , ) when their very orders were suppressed , as mere vsurpers , encroachers of the ministers rights , rewards alone , for their pains in preaching , exercising their ministerial function in their respective parishes , not in abbies , cathedrals , ( no parish-churches for the people to resort unto ) to which by the a popes bulls , they were unjustly appropriated heretofore . to clear this proposition more fully in all its branches , i have observed , that there are five sorts of persons of late , very busie , active both against our ministers tiths and callings too . the first are souldiers : the d . anabaptists , dippers , quakers , with other late blasphemous sectaries and hereticks : the d. prophane , covetous earthworms , and atheistical wretches ; who say in their hearts , and sometimes boldly profess , not only by their lives , but with their tongues in this lawless age , there is no god. the th . prophane , ignorant , cheating prognosticators and astronomers : the th . jesuites , popish priests and romish emissaries , sent from all parts to ruine our ministers and religion . for the first , they are either officers and common souldiers , and those , either such who have gained or purchased lands since the wars , lyable to tithes ; for such who have no lands at all , and so not of present ability , capacity to pay tithes . those who have any purchased lands lyable to tithes , are now so fierce against them , ( for ought i can discern ) not out of any grounds of piety or conscience ; but , either out of an unworthy , covetous , degenerous , sordid disposition , to ease themselves and their heirs from this just antient debt , yea a charge of tithes upon their new cheap purchases , and gain them as an over-plus into their bargains , to improve their purchases to an higher value ; the case of such of them who approve of our ministers , our publick ordinances , and are no speakers , anabaptists , sectaries . or else a like avaritious disposition , mixed with and heightned by a professed enmity , malignity against the very persons , calling of our ministers , whom they usually revile by the names of baals priests , black coats , antichristian locusts , rotten , corrupt clergy-men , seditious , factious varlets ; and all other rayling epithites , which lilly in his late almanacks and scurrilous pamphlets , hath furnished them with , which they much magnifie . this is the case of such sword men , who are above , or against all ordinances , duties publick or private : or antiscripturists , antitrinitarians , anabaptists , seekers , quakers , asserters of the souls mortality , as rising from and dying with the body ; of all their ordinary unordained speakers , preachers , infected with any other erronious , heretical , or blasphemous opinions ; of all disguised jesuites , priests , papists under the profession and name of souldiers . those who have no lands liable to tithes , petition and speak against them ; either meerly to please their superior landed-officers , * for fear of being cashiered by them ; or because they are infected with anabaptism , jesuitism , errors , blasphemy , schism , arianism , atheism , contempt of all publique ordinances , duties , and a bitter emnity against our ministers persons , callings , or intruders into their office ( as well as into most other professions ) without any lawfull call . these , in my observation ( and i appeal to every of their own consciences in the presence of the searcher of all hearts , for the truth of it ) are the only true grounds , motives of any officers or souldiers present stickling opposition against tithes and ministers , arising from within them , as they are private persons . and these unchristian grounds , seconded with the open or under-hand sollicitations of their anabaptistical , heretical , schismatical , jesuitical , astromatical friends and acquaintance out of the army ; backed with a most impious , wretched , sacrilegious policy to please the simple oppressed , deluded country people in discharging them at present from the payment of tithes to their ministers , that so they may augment their taxes to the full value of their abolished tithes , to support themselves and the army the longer in a body , to uphold their supream enchroached powers , preserve , encrease their new purchases , estates , depending wholly upon the new law and title of the longest sword , are in my apprehension the only true causes why the general council of officers of the army , with the souldiers under them , by their directions , as a new created all-swaying military corporation , have so oft appeared publickly against our ministers tithes to abolish them ( and their ministry by necessary consequence with them ) which all other opponents ( being inconsiderable ) were never able to effect , but by their armed power . these are all the real principles of piety , conscience ( if they deserve the title ) i could ever yet find amongst them ; engaging the army-officers and souldiers against tithes , which how inconsistent they are with the real profession , or grounds of christianity , piety , conscience , justice , saintship , let their own consciences and the world resolve ; and what censures , execrations , judgements they may in justice expect from god , for such a sacrilegious rapine , as they intend upon these carnal , impious , atheistical grounds , policies , hypocritically gilded over with the paint of conscience , reformation , religion , propagation of the gospel , &c. which makes the design more detestable both to god and all good men . the second sort of tithe-oppugners are professed anabaptists , dippers , seekers , quakers , and other blasphemous sectaries and heretiques , lately sprung up amongst us , many of which have crept into the army for their greater security , and the better accomplishment of their dangerous destructive designs against our established government , magistrates , laws , but especially against our religion , church , ministers , ministry , their tithes and glebes . scarce one of a thousand of these poor sneaks were of ability to pay any tithes of late ; and those of this prevailing faction , who have crept into sequestrations , offices , imployments of late , and thereby gained any estates , for the most part , have enriched themselves by sequestred tithes , glebes , bishops , deans , chapters lands and revenues , which these hungry harpyes have most greedily preyed upon , not out of any real grounds of piety or conscience ( as they pretend ) which i could yet seldom or never find in any of them ; but out of an unsatiable greedy a holy hunger or thirst ( in the poets sence ) after gold , gain , spoyl , the revenues of our church , and an implacable bitter enmity against our ministers persons , callings ; whether presbyterians ( the chief butt against whom their malice is bent ) or independents of a more moderate strain ; whose ministry is the main fort they level all their present power against , to raze it even to the very foundation ; now prosecuting the total abolition , not only of their present tithes , glebes , but of all other future coercive maintenance in lieu of them , only to subvert their ministry , and quite starve ( if they cannot violently storm ) them out of it . this is most perspicuous , not only by their manifold former libellous pamphlets against our ministers calling , and the late ordinances for tithes , which i have a elsewhere collected , refuted , but by their fresh petitions both against their tithes and ministry too , as antichristian , jewish , popish , &c. especially by john canne the old amsterdam anabaptists second voyce from the temple ( or b synagogue of satan rather ) newly dedicated to those he stiles the supream authority of the nation , wherein he exhorts and stimulates them , by all the art , rhetorick , motives , false arguments he can muster up , to do execution , and take vengeance upon babylon ( to wit , the national ministry , church-worship & government of england , as he explains it , p. . ) till it be wholy desolate , not a stone left upon a stone , till it be thrown down : to take a most effectual and certain course to c starve and famish these antichristian idols , by taking away the food and maintenance whereby hitherto ( as at this present they are nourished , fed and left alive ) and more particularly their tithes . to repeal all laws and statutes formerly made , whereby the whore hath lived deliciously and proudly , and keeps on to this day her whorish attire . to make the whore desolate and naked by making no act or law to stand in force which doth yield any relief to her . to set themselves in array against her ( by the armies power no doubt , which he alludes to ) bend their bow , fan and empty her . to set upon this work speedily , in good earnest ( as it seems they do ) whiles it is to day : and why so ? because the lord himself hath by a call more than ordinarie , called them to this more than ordinary imployment , ( if he could have proved it by scripture or law , it had been more worth than all his pamphlet ) put this fair ( or rather foul ) opportunity into their hands ; hath commanded his sanctified ones , and called his mighty ones ( the army-officers ) to fulfill his pleasure upon this great whore ( the church and ministry of england ) and sion is in travel and ready to bring forth ( this monster of desolation and confusion : ) which if they neglect or delay , then mark how he briefly menaces them with the fates of their late predecessors , i would think you should never be sitting in that house , but be thinking still on those who sate there before you ( and why not as well on faux and the gunpowder trayto●s , as those , since there seems another powder-plot in the vault to blow them up , intended by canne and his confederates if they fail in accomplishing this their desired work ? ) whom the lord hath lade aside as despised broken idols and vessels , wherein his soul had no pleasure . and why ? as they knew not their generation-work ( which he excites them to ) neither were faithfull to the interest of jesus christ . god is no respecter of persons , as men sow , so they shall reap . ex ungue leonem , ex cauda draconem . you may see by these passages , and his whole pamphlet pursuing them , what these malicious , inhuman , barbarous , irreligious , hypocritical anabaptists aym at in their present violent prosecutions against tithes ; even utterly to starve , famish , subvert , extirpate our ministers , ministry , church , worship , government , and make our land a mere spoyl , desolation , as their predecessors did munster , and some parts of germany , whiles in their power . but let canne and his anabaptistical confederates remember what tragical a ends their new king john , with all his princes , grandees , officers , prophets , followers came to in conclusion in germany : and what fatal ruine befell b jack cade , iack straw , wat tyler , sharp and other levelling companions , who had the self-same designs against our english laws , lawyers , clergy , tithes , glebes , as he and they have now , animated thereto by the new-dipped iesuites , and other romish emissaries lately crept into their anabaptistcal fraternity to further this their infernal gunpowder-plot against our church , religion , ministers , magistrates , government , laws , and let them thereupon repent of , desist from , abominate this their diabolical , wicked design , lest they incur the self same punishments in conclusion , by stirring up god and all the whole nation against them , as most accursed rebels , traytors , instruments of satan , yea that very antichrist and whore of rome , they pretend they are blindly acting against , whose designs in truth they are but accomplishing in the highest degree . i must here observe ( and desire all others to take notice of ) three things . first , that in cannes voyce , and in all other late pamphlets , petitions of the anabaptists , wherein they seem to vent their most passionate zeal against antichrist , babylon , the whore of babylon , their chief instruments and supporters , i cannot find so much as one clause or syllable against iesuites , popish priests , papists , romish emissaries ; or exciting the execution of any laws or statutes formerly made against them ; but the whole stream , bent of them all is only against the godly ministers , ministry , worship of the church of england , the presbyterian government , and our present church-worship , the only babylon , whore , antichrist , they intend and fight against , not the pope and church of rome . ly . that they are so far from pleading against the pope , popish priests , iesuites , and urging the execution of the good oaths , laws , made by late and former parliaments●gainst ●gainst them and their treasonable practices , that they have frequently written , petitioned for their repeal , abolition , as bloody tyrannical laws , unlawfull oaths , and procured their repeal or suspension at least , in their favour from some late and present powers . ly . that when some consciencious pious stationers late in their beacons fired , discovered to those then in power , the many sorts , multitudes of jesuites , popish books printed in england within . years last past , in defence of the pope and church of rome , all popish doctrines , ceremonies , and reviling our church , religion , as heretical ; desiring them to take it into their timely considerations , to suppress this growing mischief , design to corrupt the people , and reduce them back to popery , ere they were aware : kiffin with other anabaptists in the army , headed by colonel pride , taking an alarum thereat , subscribed and printed a book intituled , the beacons quenched , ( penned they know best by whom , not the subscribers of it , not yet inspired with the gift of all the tongues therein contained ) pleading for a free tolleration of such popish books printing , dispersing amongst us , of publick disputes by those of that religion , traducing , accusing the presbyterians throughout that pamphlet , and those honest zealous stationers in particular , of no lesse than a new gunpowder-plot , mine , train , ( then ready to be sprung ) to blow up those , colonel pride and his confederates first made , and then stiled , the parliament of the common-wealth of england , and the army too ; only for discovering thes● popish books and trains to blow up our religion : which scandal , as the stationers then fully cleared by their satisfactory reply to that impertinent pamphlet , so the subscribers of it their fellow-souldiers of the army ( better versed by far in mines and fireworks to blow up parliaments , and nearer related to old a guy faux , a low-country souldier , by reason of their military profession , than these stationers and presbyterians , they thus falsly slandered ) have since cleared before all the world , to be a malicious calumny , of which themselves only are guilty , and given just cause of jealousie , fear , to all presbyterians , old protestants and p●ritans to apprehend , that they now really joyn their forces and heads together with those thus pleaded for , to ruine our church , religion , ministry , under the notion and project of suppressing tithes , and of all future compulsory maintenance for the ministers of england , whom they intend to starve and famish ( such is their charity ) if they can but vote tithes down , before they provide any other maintenance ; which vote once passed , the next will be , to vote them both out of their rectories , glebes , churches , ministry too , as cannes voice , and the kentish petition against tithes root and branch , sufficiently discover to all who are not wilfully blind : enough to make all men now to look about them . that the dominican , franciscan , and other popish fryers , were the first broachers of this opinion , that laymen were not bound to pay tithes to their ministers by any divine law or right ; on purpose to draw the tithes of ministers and curates to themselves , and exempt whatever lands or things were given to them from payment of tithes ; i have elsewhere evidenced out of a mr. selden and others ; whe●eupon b johannes sarisburiensis bishop of chartres thus censured them , miror ut fidelium pace loquar , quodnam sit ut decimas & jura aliena usurpare non erubescunt . inquient sortè religiosi sumus . planè decimas solvere religionis pars est . adding , that their exemptions from payment of tithes did derogare constitutioni divinae , derogate from divine institution . and petrus blesensis , archdeacon of bath , in his . epistle inveighs very much against the privileges of the cistercian monks exemption from payment of tithes , as injuriosa immunitas , contra dei justiciam : seeing justiciae divinae manifestè resistit , qui ministris ecclesiae nititur jus decimationis auserre : which these friers not only persisted in , by substracting their own tithes from the ministers by colour of these exemptions , but likewise the tithes of their other parishioners , especially such who contemning and deserting their own parish priests and churches , resorted to these friers chapels , and acknowledged them for their ghostly fathers and confessors . this is most evident by the petition of the parish priests and rectors of london to the archbishop of canterbury and the rest of the bishops in a synode , ( about the year of our lord . ) against the dominicans and franciscans , who much impaired their profit ; wherein they complained a that their parishioners who at leastwise on lords daies and festivals are bound to frequent their parish churches , and to receive sacraments and sacramentals in the same , and devoutly to hear divine service , as also to offer at solemn masses due and accustomed oblations ; did repair to the places and houses of these friers , and scorn and forsake their parish churches , and so confer the due rights of the church wherewith the churches were antiently endowed , upon the friers . also they who confess themselves to these friers , who before were accustomed annually by the canon-law to pay tithes of their tradings to their parish churches , from the time since they submitted themselves to the confessions of these friers , modo debito ac consueto negociationes suas decimare non curant , neglect to pay tithes of their tradings , after the due and accustomed manner . and is not this the very present grievance , complaint of most london and other ministers throughout england , that since these disguised romish friers & jesuits swarming in all places under the masks and titles of anabaptists , quakers , and other sects , have in imitation of these their predecessors , in their writings , preachments , and conventicles declaimed against our ministers tithes , as not due unto them by any divine right , to rob our ministers of , and draw the value of them to themselves ; and since their parishioners who are bound to resort to their parish churches on lords daies and feastivals to hear divine service , sermons , and receive the sacraments in a devout manner have resorted to the conventicles and meetings of these friers and jesuites , and submitted themselves to these new ghostly fathers and confessors , they have quite contemned , deserted their own parish churches , neglected , refused to pay any personal or predial tithes or oblations to their ministers after the due , and formerly accustomed manner , and bestowed the due rights and ancient endowments of their parish churches , ( in value or substance at least , though not in kind ) upon these friers and romish loc●sts , whose very doctrin , practice in this particular of our ministers tithes and oblations , and their substraction of them ( yea in most other tenents now broached by them for new light ) are the very same in all particulars which these friers in former ages both at home and abroad , as i have evidenced in my quakers unmasked , my new discovery of romish emissaries ; and our london , lancashire , newcastle and other ministers , have plentifully demonstrated in sundry publications , with mr. edwards in his gangraenaes ? we may then most clearly discover these romish d wolves now crept in amongst us in sheeps-clothing , by these their fruits , and practices ; whose pleas against our ministers tithes , resolve into these atheistical , unchristian conclusions . . that the tithes of christians increase are too much for god himself who created them , and gives all to them . . too much for christ who redeemed them , who gave himself to death for them , and is a priest for ever unto god the father after the order of melchisedec in their behalf . . too much for the ministers of christ , whose lives , studies , spirits are wholy spent in ministerial incessant labours for their eternal welfare . . too much to be layd out for the instruction , salvation , of their own immortal souls ; when as the other nine parts are consumed on their bodies , families , if not sins and lusts . . too much for an orthodox protestant minister ; but not for a disguised , seducing popish jesuitical priest or frier . o brutish , foolish , bewitched , infatuated englishmen , now at last consider this your desperate folly , delusion , before it be over late , in following these disguised seducers , to your own and our religions ruine . the d. sort of tithe-oppugners are prophane , covetous earth-worms and atheistical wretches , who care not for god or religion , saying unto god and his faithfull ministers , like those atheists , job . , . depart from us , for we desire not the knowledge of thy wayes ; what is the almighty , that we should serve him ? and what profit should we have if we pray unto him ? yet because few of such are now active sticklers and petitioners ( as such ) against tithes , but only mere substractors , detainers of them at present , they are lesse blame-worthy , and not so culpable as the two former , and subsequent ranks , the chief active sticklers , petitioners , writers against them . the th . rank of grand opposites against our ministers and their tithes are prophane , ignorant , cheating , monthly prognosticators and astrologasters , as john booker , nich. culpepper , and above all others william lillie , a most bitter , rayling rabshekeh , whose late almanacks , ever a since . and other idle prophetick pamphlets , are so fraught with scurrilous invectives , raylings , predictions of our ministers , presbyterians downfalls , and their tithes , the souldiers , peoples general opposition , insurrection against them , &c. almost in every line , as if the army-officers , souldiers , anabaptists , priests , jesuites , had purposely hired him , to carry on their designs against our ministers , their tithes , maintenance , to s●bvert our religion ; and the jesuites , anabaptists , furnished him out of all their rayling pasquils , satyrs , with reproachfull terms , invectives , slanders against them , which have swelled up his frothy , filthy papers to an extraordinary bulk , beyond his fellow - prognosticators , and made them so much cryed up , read , studyed both by officers , souldiers , anabaptists , and other simple people , incensing them against our ministers and their tithes , as things which the late constellations , ecclipses of the moon and sun have specially designed to speedy ruine . when i was close prisoner in dunster castle in the year . the officers and souldiers there , sent me lilies a new almanack to read , wherein i found , such a world of bitter , rayling , jesuitical epithites against our ministers , and predictions of the sodain downfall of their minist●y , tithes , maintenance , from pretended malignant constellations , ( which yet on the contrary at the same time did promise acts of grace and favour to popish recusants , who in their zeal and loyalty to the new republick exceeded most presbyterians ; and presoged some worthy actions , in creating new cardinals , &c. to be done in rome and italy as he therein predicted ) as made me suspect him to be more than half a jesuite , or at least their scholar , confederate , pensioner to promote their designs against our ministers ; and to acquaint mr. bradshaw ( my committer ) with others at whitehall so mu●h in my letters to them : but our tithes and ministers not falling down that year , as he falsely prognosticated , he still continued to predict their downfalls in his lying b prognostications , , and . much read and cryed up by the officers and souldiers at pendennys castle in cornwall , who sent me them to read , wherein he retained his former malicious raylings against our ministers and their tithes , to render them odious to the souldiers , army , people , and all originally , because reverend mr. gataker , with the assembly of divines in their annotations to the bible , on jer. . , . and other texts , and others of them of late , had censured the art of judicial astrology , astronomy , and the principles of it ( wherewith he and his fellow-wizards cheat poor people of their mony , by calculating their nativities , telling what wives , husbands , fortunes they should have , whether they should recover their sicknesses , what good or bad voyages they should have , what was become of their lost or stollen goods , or where they should find them , foretelling what weather , sicknesses , publick alterations in state , church-affairs , and church-men too , should happen from the malign or benign aspects , conjunction of the stars , planets , or the ecclipses of the sun and moon ) as a mere cheating imposture ; a heathenish , wicked , unchristian practice , delusion , contrary to scripture , reason , philosophy , theological doctrin , ecclesiastical disciplin ; yea a meer impious fraud and villany . the sottishnesse , falsity , groundlesnesse whereof ( built upon meer ridiculous figments , forgeries , absurdities , dreams , imaginary signes , houses built by them in the heavens , and such malignant qualities as their fancies have ascribed , not god infused into the planets ) those who have been deluded by such cheating knaves and pick-purses , the greatest impostors of any ( as learned henry bullinger in his commentary on jer. . . sixtus senensis bibl. l. . annot. . and the subsequent authors stile them ) may for their satisfaction read at large in bardesanis syms ( the best learned of all the chaldean astrologers ) quoted by eusebius de praepar . evangel . l. . c. . in cicero de divinatione , l. . in picus mirandula his . books against astrology , in joseph scaliger his preface before manilius , in dr. chambers book against judicial astrology , london , . in sixtus ab hemminga , lib. astrologiae refutatae , antw. . in jo. francus offucius , in larvatam astrologiam , an. . in cornelius scepperus , contra astrologos , col. . in georg. trapezuntins , libellus cur astrologorum judicia sint falsa . alex. de angelis , in astrologos conjectores , romae , . in john milton , his astrologaster , . in hieron . savanorola , adversus divinatricem astronomiam , florentiae . in apologeticus interpretis pro tractatu hieron , savanorolae adversus astrologos , flor. . in mr. samuel purchas his pilgrimage , l. . c. . p. , . &c. . p. . in ludovicus vives de corrupt . artium , l. . who censures it as a fraud , not art , in mr. thomas gataker his vindication of his annotation on jer. . against the scurrilous aspersions of that grand impostor , william lilly ; newly printed , . and the authors quoted by him , in bochellus decret . eccles gallicanae lib. . tit. . where the decrees of many french councils are recited against this diabolical cheating profession , prohibiting christians to buy , read , keep , or credit such books , in which many unprofitable , superstitious , false , yea impious and sacrilegious things are contained , which books ought to be suppressed , damned , and utterly abolished ( yea burnt like those acts . . as the council of burdeaux , an . and johan . charberius de gersonio , in his trilogio astrologiae theologizaiae , proves at large . and those who will compare culpeppers & lillies wild monstrous false predictions concerning the several states , kingdoms mentioned in their almanacks , prognostications for this present year , and the great plagues , mortality which should be both the last and this summer in london ( though never freer from pestilence than at these seasons ) with their , and others usual false predictions every month concerning the weather , their manifold contradictions both to themselves and one another , will easily discern them to be meer lyars , impostors , and their art a cheat. now let them all tell me at their leisure , by what warrant from scripture , philosophy , reason , art , sense , the constellations of the heavens , or ecclipses of the sun & moon these last years only should certainly predict , portend , excite souldiers , sectaries , or country people by any divine ordination , or real influence on their dis-affected spirits , to pull down the ministers of the gospel , & their tithes , being both of divine institution and establishment to a continue to the worlds end : when no other constellations , ecclipses of like nature in any former ages of the world since the creation , portended or effected the like ? or how the stars in heaven should thus professedly fight against , and pull down those b stars ( the ministers of the churches ) which christ himself holds in his right hand ( out of which none can pull them ) and their tithes too , being antient , perpetual appurtenant to christs own eternal priesthood , heb. . , to ? more particularly , i shall desire this scurrilous impostor lilly to inform me , how it comes to passe , that the celestial stars , planets , ( and good angels which he oft couples together in his merlius ) who in the year . ( as he c prints in his ephemeris for it ) by their good influence stirred up by gods providence the parliament to take care , that preaching ministers should be placed in every county of this kingdom , and a sufficient stipend allowed where formerly none was ; for which we ( writes he , including himself in the number ) must ever acknowledge our thankfulness : and that the figures he erects on the x. of march , . astrologically predicting the state of our english affairs and clergy , should by the rules of astrologie , and his own iudgement thereon ( then printed , venus being then found in the ninth house ) import , that many of the clergy should trot and trudge , or change their habitation out of one county into another , nay shall willingly travel long journies ; by which i conceive ( writes he ) is meant , that our present parliament shall this year place worthy men into warm benefices , and distribute the deserving clergy-men of england into several quarters of this kingdom , as in their wisedoms they think convenient . blessed be god , for his creatures , the stars , promise they may travel safe without prejudice , or at least , they indicate so much , &c. and shall obtain profit and good by their oft changings , and remove of habitations . and the godly ministers so dispersed into several counties , shall prevail with the people to amend their lives , and live more soberly , religiously , &c. as also , that most of those itinerant preachers , or divines , shall leave behind them lesser livings , and go to enjoy better . to which he addes by way of jeer this passage against mr. geree for writing against astrology , now for that astrologo-mastix is a master of arts , and capable of preferment , i humbly implore , he may be made priest of teuksbury , from which place ( per varios casus ) he once in haste trotted , &c. that but years after this , the heavenly stars , planets , angels in the year . ( as his a ephemeris then prognosticates , very frequently ) should threaten ill and unwilling payment of tithes , in many counties to the clergy : much heart-burning of the people towards them . that after a small season , or a very few years , no tithes shall be paid them : for a plain people will arise , gifted by god with such spiritual knowledge , as the generality of the people will decline their sophistical school doctrines , and wholly adhere unto those who preach god only , and jesus christ his son : and that they should be so implacable , as to continue these and worse threatnings against all presbyterian ministers , presbytery , rectories , tithes , and the whole english clergy , ever since this year , so far , as to portend or ascertain , not only their general opposition by swordmen , the generality of the nation , and their governours and people , but sodain downfall and extirpation : of which all his merlins and prognostications surfet . tantaene animis caelestibus irae ? doubtlesse , the heavenly stars , planets , and good angels are not so contradictory to themselves , or maliciously , irreconcileably malignant against our ministers persons , callings , tithes , presbytery , as this arch-cheat , would make poor simpletons believe . but it is only the language and malignity of his own malicious heart , tongue , pen against them , because enemies to his absurd , diabolical , lying , cheating , artlesse art of astrology , witnesse his own words ; i hate presbytery ( and hatred and affection as himself writes , cause often errours and mistakes in their art and predictions : ) art thou a presbyterian ? thou art an enemy to astrology , and weariest thy auditory with invectives against me . i desire thee to conform , lest a worse thing happen to thee ( than deans and chapters lands ) for if thou labourest to root up or pull down this fabrick , which god hath erected , then i say , in a small season , or very few years , no tithes will be paid thee , &c. with many such like a passages since , wherein he reviles , vilifies , mr. calvin , perkins , geree , case , calamy , farmer , gataker , owen , with sundry other divines by name , and all of them in general , only because , they have preached or writ against the vanity , falsity of his cheating astrology , by which he gets his living ; as much as he reviles , jeers his companion , wharton , ( naworth , naw●rth , ) for contradicting him in his own science , whom yet elsewhere himself and culpepper too , extraordinarily applaud for his exact transcendent knowledge in astrology , though all . of them diametrically contradict each other in their predictions from the stars , or different factions rather . this malice of theirs against our ministers and their tithes ( wherein they have proved lying diviners hitherto , and will do so to the worlds end , if we credit matth. . . ephes . . , , ) no doubt is elevated , augmented by jesuites and popish spanish agents , the chief promoters of this study of astrology amongst us , and very intimate with these lunatique , star gazing incendiaries and time-servers ; it being the expresse advise and project of thomas campanella ( a great astrologer and jesuited italian fryer , much magnified by lilly in some of his merlins , ) in his treatise de monarchia hispaniae , wherein , as he shews the king of spain the readiest means to make himself monarch of the whole world , and particularly of a england , scotland , ireland , holland , ( by dividing them one from and against another by unnatural intestine wars , turning our monarchy into a common-wealth ; dividing our three kingdoms one from and against another , by making them republicks or elective kingdoms , breaking our naval forces by the dutch fleet and other nothern nations , fomenting perpetual divisions and schisms amongst us : thereby to destroy our civil government , forces , and become a prey to the spaniards at last ) so he prescribes this , as b the readiest way to undermine our protestant religion , and draw men from the study , love , practice thereof , to promote the art , study of astrology and telesian arts amongst us , to erect schools of astrology and mathematicks , and encourage the students of it with rewards . which i wish all lovers of our religion , vigilant statesmen , and lilly ( with other astrologasters , the chief promoters of this design ) to take special notice of , and thereupon to abandon , suppress this impious , atheal , sottish , cheating art , grounded upon no rules of reason , philosophy , divinity , experience , but mere imaginary whimsies , figments , chymeraes , signes , houses in the air , of lunatick cheats and impostors , as all rational , judicious scholars who peruse their scheams , astrological conjectures , judgements , predictions , treatises , must acknowledge ; and i by gods assistance , may hereafter demonstrate to the world if there be occasion , being not so pertinent to my present theam . the fifth and last squadron of professed enemies against our ministers tithes , glebes and setled maintenance , are jesuites and jesuited papists : and that not out of any malignity against tithes themselves , which they all hold to be of divine right and institution , according to the definition of their idolized a council of trent , sess . . de reformatione , c. . which thus determines against their present practice and design : non sunt ferendi qui variis artibus decimas ecclesiis obvenientes , substrahere moliuntur , aut qui aliis solvendis temerè occupant , & in rem suam vertunt . cum decimarum solutio debila sit deo. et qui eas dare noluerit , aut dantes impediunt , res alienas invadunt . praecepit ergo sancta synodus , omnibus cujuscunque gradus aut conditionis sint , ad quas decimarum solutio spectat , ut eas ( ad quas de iure tenentur ) in posterum cathedrali , aut quibuscunque aliis ecclesiis vel personis quibus legitimè debentur , integrè persolvant : qui vero eas aut substrahunt , aut impediunt excommunicentur ; nec ab hoc crimine nisi plena restitutione , secuta , absolvantur : but merely out of malice and design against our ministers and their ministry , of purpose to starve and ruine them , thereby to set up popery , and intrude themselves into their rectories , yea into our bishopricks and deaneries too , and then they will not only cry up tithes again , with the due payment of them to themselves from the people , according to the utmost rigour of this trent-canon , and other laws , for their due payment by divine and human right , but likewise resume all bishops , deans , chapters lands , ( if not abby lands too ) into their hands , as sacrilegiously alienated from the church without lawfull power and right , as robert parsons the jesuites memorial for reformation , ( written at b ) sevil in spain , anno . ) william watson in his quodlibets , p. , , . with the c statute of mariae , parl. . c. . for reviving the bishoprick of durham , restoring all ecclesiastical and temporal jurisdictions , lands , hereditaments whatsoever thereunto heretofore belonging , though dissolved , setled in the crown and town of newcastle , by the statutes of e. . c. . and another act not printed , will inform the world , and alfonsus de vargas de stratag . jesuitarum , p. . now that the jesuites ( many hundreds of which society now lurk every where amongst us under the disguise of anabaptists , souldiers , tradesmen , seekers , dippers , converted iews , physicians , gentlemen , travellers , merchants , and other like , to work our ruine ) have a hand in this design to deprive our ministers of their tithes and rectories , to work their ruine , is most apparent . first , by their former procedings even against their own secular priests in england , where they seeking to work their utter ruine , subversion , supplantation , to intrude themselves into their imployments , by their machiavel , atheal plots , about the year , to , did first by their scandalous books , libels , slanders against the●e priests , bring their persons and priesthood into scorn and contempt amongst the generality of the english papists , preferring every lay brother of their society before them , executing their priestly function without a lawfull call , or ordination : and then endeavoured to substract all maintenance and contributions from them ; threatning to make them leap at a crust , and to pine and starve them ; debarring , interrupting all their maintenance from english recusants , in such sort , that many of them pined away through grief of mind , want of food , and were so near perishing , that they were necessitated to petition queen elizabeth and her council , for some allowance in their prisons to keep them from starving . yea they and their jesuited followers and proselites derided their seminarie priests and ghostly . fathers in this manner , ah , hah , hah ; a seminary , and old queen mary priest , a secular , &c. you shall see them all leap at a crust ere it be long , &c. and having got iudas his office ( to carry the mony bagg ) into their own and substitutes hands , they disposed of the wealth and charitie of catholicks ( consisting of many thousand pounds ) where , how , and to whom they pleased , for their own enriching and advancement : which made the secular priests write , that england was become wild , priesthood and sacraments had in contempt , religion made but a matter of atheal policy ; and priests through the jesuites falsehood , calumniations and untrue suggestions to the superiours and all estates , brought into such high contempt , that their verie ghostly children , whom they had begotten , had forsasaken , houted , shunned , despised them , as if they were none other but their stepfathers , and shewed their charity so coldly to them , as many of them were in extream want , and few or none of them scarce able to live ; as we may read in watsons quodlibets against parsons and his fellow jesuites , p. , , , , , , , , , , , , , , , , , , , , , . and elsewhere throughout that book : in joan. bogermanus catechesis jesuit . l. . c. . thuanus hist . l. , mercurius jesuiticus , tom. . p. . william clark his reply to father parsons libel , printed . fol. , to , which being the very condition and complaint of our godly protestant ministers in most places throughout the nation at this day , is no doubt a storm of these jesuites raysing , a very plot and design of their hatching , fomenting to ruine our ministers and their ministry now , as they would have done their own secular priests then in england , to advance their own power , profit , ly . it is evident by a rob. parsons and other jesuites old project for reformation of england , when they should get power in it : to take away all lands , manors , benefices and setled maintenance of the church from the english clergy and universities , and make all ministers , and scholars mere pensioners and stipendiaries at their pleasure● , set up itinerary preachers fixed to no particular church , ( like our wandring quakers , anabaptists , sectaries of late ) instead of parochial pastors , of which more anon . ly . alfonsus de vargas toletanus : in his relatio ad reges & principes christianos , de stratagematis politicis societatis jesu , ad monarchiam orbis terrarum sibi conficiendam ; printed . cap. , to . proves at large out of the jesuites own printed defence and other writings ; that these new doctors , of no conscience , no faith , no honesty or shame , have perswaded the emperour and other kings , against their oaths , trusts , duties , charters , the law of nations , and all divine and human laws , that it was lawfull for them , upon a pretext of necessity , for the ease of the people , and maintenance of their wars , souldiers , to alienate the lands , revenues , maintenance of abbies , religious men and of the church , upon souldiers , for the defence of their bodies , and of the church ; that so themselves might gain a share of them for the advantage of their own societies , contrary to the wills , intentions of the first donors and founders : whereupon he thus justly jeers them , cap. . p. . that the institution of the jesuites society peculiarly tends to this , that their colleges should be instituted and society maintained out of the ruines of the church , and rapines of other mens goods , à quibus societatis institutor et conditor ignatius , cum etiamnum ad legionem bellator esset , minime alienus fuisse , nec a solita militum rapacitate quicquam demutasse , sine ulla ejus contumelia creditur , etsi autem militiam mutavit ac simul cum sociorum ne dicam furum manipulo christo imperatori sacramentum dixit , non propterea rapinam omnem ejerare necesse habuit , &c. he remaining a plunderer still , after he became a saint : seeing the prophe● isay seemeth thus to prophecy both of his rapine and wound in his halting legg , cap. . tunc dividentur spolia multarum praedarum : claudi diripient rapinam . therefore no wonder this spirit of rapine continues in his disciples : who doubtlesse have infused the self-same spirit of rapine into our anabaptists and souldiers , into whose societies they have secretly insinuated themselves ; somenting and intending to lengthen out our wars so long , of purpose to make a prey of our remaining church-revenues , rectories , tithes , and college lands too at last , ( as they have done of other church-revenues already dissipated ) out of a pretext of necessity , as is most transparant to all intelligent peoples eyes , thereby to destroy our religion by devouring our ministers , churches patrimonies , the probable , if not inevitable consequence of this jesuitical project , if effected , as is most apparent by this notable passage of roderyck mors formerly a grey fryer , in his complaint and supplication to the parliament of england , about h. . after the dissolution of monasteries , pertinent to my purpose , and as worthy consideration now as then , ye that be lords and burgesses of the parliament house , ( writes he ) i require of you in the name of my poor brethren that are englishmen and members of christs body , that ye consider well ( as ye will answer before the face of almighty god in the day of judgement ) this abuse , and see it amended . when antichrist of rome durst openly without any visor walk up and down thorowout england , he had so great favour there , and his children had such crafty wits ( for the children of this world are wiser in their generation than the children of light ) they had not only almost gotten all the best lands of england into their hands , but also most part of the best benefices both of parsonages and vicarages which were for the most part a all improved to them . and when they had the gifts of any not improved , they gave them unto their friends , of the which alwaies some were learned , for the monks found of their friends children at school . and though they were not learned , yet they kept hospitality and helped their poor friends . and if the parsonages were impropred , the monks were bound to deal almesse to the poor and to keep hospitality , as the writings of the gifts of such parsonages and lands do plainly declare in these words , in puram eleemosynam . and as touching the almesse that they dealt , and the hospitality that they kept , every man knoweth , that many thousands were well relieved of them , and might have been better , if they had not had so many great mens horse to feed , and had not been over-charged with such idle gentlemen , as were never out of the abbies . and if they had any vicarage in their hands , they set in some time some sufficient vicar , ( though it were but seldom ) to preach and to teach . but now that all the abbies , with their lands , goods and impropred parsonages be in temporal mens hands , i do not hear tell that one half peny worth of alms , or any other profit cometh unto the people of those parishes . your pretence of putting down abbies , was to amend that was amiss in them . it was far amiss , that a great part of the lands of the abbies ( which were given to bring up learnned men that might be preachers , to keep hospitality and give alms to the poor ) should be spent upon a few superstitious monks , which gave not xl. pound in alms , when they should have given cc. it was amiss , that the monks should have parsonages in their hands , and deal but the xx. part thereof to the poor , and preached but once in a year to them that paid the tithes of parsonages . it was amiss , that they scarcely among xx set not one sufficient vicar to preach for the tithes that they received . but see now , how it that was amiss , is amended , for all the pretence . it is amended even as the devil amended his dams leg ( as it is in the proverb ) when he should have set it right , he brake it quite in pieces . the monks gave too little alms , and set unable persons many times in their benefices . but now where xx . pound was yearly given to the poor , in more than c. places in england is not one meals meat given . this is a fair amendment . where they had alwaies one or other vicar , that either preached or hired some to preach , now is there no vicar at all : but the farmor is vicar and parson altogether , and only an old cast away monk or frier which can scarcely say his mattins , is hired for xx . or xxx . shillings meat and drink , yea in some places for meat and drink alone , without any wages . i know , and not i alone , but xx . m. mo , know more than d. ( we may now adde . ) vicarages and parsonages thus well gospelly served , ( yea not served at all , but the church doors quite shut up ) after the new gospel of england . so he . this doubtless will be the general sad condition of all england ( as it is now in most part of wales ) if tithes and rectories be quite voted down , abolished , or disposed to the souldiers , or brought into a common treasury ( which will hardly leave ministers the tenth of their tithes , as our late sequestrators left not the tenth nor fifth part clear gains , and value , of all sequestrations generally throughout england , to the state , as i found by examination of their accompts upon oath ) which is now so violently prosecuted , endeavoured by many . and then we shall have a glorious blessed reformation indeed , according to the popes and jesuites hearts desires , who like ravening wolves will make a prey of all flocks in the defect and absence of able pastors , through want of maintenance and poverty , as they have done in many places throughout the realm , seduced by them to jesuitism , anabaptism , atheism , through defect of able ministers , and ejection of former incumbent pastors under pretext of scandal , insufficiency , or malignity , by arbitrary or anabaptistical committees , sequestrators , prosecutors , without any legal tryal by their peers , or any care at all to place better , abler , or any minister at all in divers parishes in their places : whereupon these active jesuites , with other romish emissacries under the disguises of anabaptists , seekers , dippers , inspired brethren , quakers , ranters , souldiers , new illuminates of extraordinary endowments , and itinerary predicants , who pretend to preach the gospel freely , have seduced thousands , divided the people into sundry sects , and almost ruined our church and religion in a short space , which they will soon accomplish to their hearts content , can they now but vote down tithes , glebes , and set up new committees in all places of their own and the anabaptistical party , ( concurring in design and most principles with the jesuites , as a watson in his quodlibets , and others prove at large ) to eject our remaining ministers at their pleasure , under pretext they are antichristian , scandalous , and no ministers of jesus christ ( as john canne and others have already prejudge● them ) that they and their agents may step into their places ; and at last , when all their designs against our state , church , governm . are produced to maturity , re-assume their tithes , rectories , with our bishops , deans , chapters and abby lands too into their actual possession , according to the jesuite parsons and his companions long prosecuted project , at large related by william watson the priest in his quodlibets , p. , , , , ● , , . with other plots lately prosecuted ad unguem to subvert our religion , laws , government , monarchy , and enslave us to the iesuits , popes , spaniards tyranny and vassalage in conclusion ; first laid by parsons and other pragmatical jesuites , then seconded by thomas campanella , in his treatise de monarchia hispanica c. . . and elsewhere : prosecuted of late years by the jesuites and spanish agents on the one hand ; and cardinal richilieu and his instruments on the other hand ; who at his death in the begining of our late warrs ( which he was very instrumental to rayse ) recommended the prosecution of them to the french king and his successor cardinal mazarin ; as a noble italian count , conte galliazzo gualdo priorato , in his historia , part . printed at venice in to . anno . ( dedicated by him to the king of poland , and written in italian ) p. , records in these words , worthy all english statesmens special notice : where writing of the affairs of the year . and the death of cardinal richelieu in particular , he records , that amongst other things he caused some papers to be delivered before his death to the king of france , full of policies and maximes of state , directing him how to carry on his business with all forein states . his advice in relation to england was this . che sopra , &c. that above all other things the king of france should endeavour to keep the government of great britain divided , by upholding the weakest party , that the other might not make it self too powerfull ; reducing the kingdoms of england , scotland , and ireland to be divided ( by one of these two means or both ) either by nominating ( new ) kings : or by reducting them to a common-wealth . yet with this caution , that when they are reduced to a common-wealth , so to order it , that it may not be intirely one , but divided : for republiques ever enemies to potent neighbours , and iealous of their liberties , ought to be suspected by the state of france . how punctually this advice hath been pursued by the french ( as well as parsons and campanellaes plots of like nature by the spaniards ) those who please to peruse the lord george digbies cabinet letters ( printed in the collection of all the publique orders , ordinances and declarations of parliament in folio , by the commons order ) . p. , , , , , . and my speech in parliament p. . & , to . may read at leisure , and every mans observing experience can sufficiently attest . the lord now at last give us hearts to be deeply sensible of it , and grace , zeal , courage to make timely use of it for the preservation of our kingdoms , nations , churches , ministers , religion from impendent ruine . having given the world this brief accompt of the principal promoters , prosecutors of the present grand plot against our ministers , their tithes and rectories , i cannot upon serious consideration of it but foresee and divine , that if all or any of these projectors ( through gods heavy judgment on us for our sins , and detestable violations of all oaths , vows , covenants , trusts , protestations , promises , declarations divine and human laws ) should by power , fraud , policy , or armed force so far prevail with our present legifers or swaying grandees , as totally to take away and abolish the rectories , tithes and present setled maintenance of our ministry , for the souldiers pay , or other ends ; or else secretly to bring them all into a common treasury , and reduce all our ministers to set arbitrary stipends out of them , to dispossess them of the future actual possession of them , and make them wholy dependent on the arbitrary discretions of new intruding land-lords into their churches , patrimonies , freeholds from whom they never received them at first ; as it would inevitably produce a world of mischiefs and inconveniences both to all patrons and parishioners throughout the nation , without the least ease or benefit to the people ; so it would certainly either totally ruine our ministers , making them all poor fryers mendicants , neglecting their callings , studies , to get their living by begging from door to door , and as a peter martyr observes , to be ventris potius quam ecclesiae ministros , ostiatim validè mendicare , & non mendicantes , sed manducantes appellari : and thereby subvert our church and religion with them in very few years space , open such a wide door for the pope and whole body of popery to flow in upon us again with an impetuous irresistable deluge , that we should no waies be able to resist their progress till they were re-estated in their former supremacy and prevalency amongst us . and then rhose very romish factors who are now so violent against tithes and rectories , of purpose to starve our ministers out of them , and their ministry for the present , will not only forthwith resume ( as they did in b queen maries daies ) their pristine abolished pontifical power , and set up their ecclesiastical consistories , high commissions , and bloudy inquisitions amongst us , higher than ever they were in former ages , to the utter extirpation of our protestant ministers and professors too , but likewise presently resume into their hands all those rectories , tithes and antient dues , whereof they now endeavour to deprive our ministers ; with all our late arch-bishops , bishops , deans , chapters , cathedrals lands and revenues , as sacrilegiously alienated from the church , against the lawes both of god and man , as well as against their popish b canons , by those who had no right to dispose of them , if they proceed to resume all abby lands too in protestant hands at least . and then all late or antient purchasers of such lands , now confederating with them out of covetousness , ambition , rapine , or other respects , will repent too late of their inconsiderable , unrighteous , unchristian complyance with them against our ministers glebes and tithes , and have as ill a bargain in conclusion , as divers old projectors had in the purchase of our crown revenues , when resumed , or setled in the crown again , by many special c acts of resumption , for the publick weal and ease of the people in their taxes , as being the constant , standing revenue of the whole kingdom to defray its ordinary publick expences , which none can or ought to alien or purchase from the republick to enrich themselves by the publick losse . wherefore i shall now refer it to their saddest thoughts to consider , whether it will not be far safer for all such army-officers and others who have purchased church lands , to joyn together with all such zealous protestants who desire the continuance of our ministers antient tithes and maintenance ( more aimed at than impropriators tithes ) against these jesuites and romish emissaries now oppugning them ; and to use their utmost endeavours to detect , apprehend , prosecute , execute all our former good laws against them , to prevent their mischievous present and future designs against our ministry , church , religion , nation ; than ignorantly or wittingly to confederate with and assist them to accomplish their present sacrilegious projects , to ruine us ( and themselves with their posterities ) in conclusion ; and thereby incur the self-same crime , charge of high treason which themselves and the whole parliament of england so lately prosecuted against canterbury in the , , , , , , & . d articles of his original charge , for which he lost his head on tower hill. to draw to a cloze of this proposition , i shall desire all truly fearing god throughout the nation and army too , sadly to consider these particulars . . that those who are the chiefest sticklers against tithes and our ministers setled coercive maintenance ( especially jesuites and anabaptists ) are the greatest professed open adversaries to our ministery , church , religion of all others , desiring nothing but their utter ruine , as their late printed pamphlets and petitions manifest : therefore to gratify them in their designs herein , is to ruine all at once , for whose defence we have spent so much christian bloud , treasure , pains of late years , against the common enemy and jesuited popish party . . that many of those who in their printed papers , have decryed our ministers tithes and coercive maintenance as inconsistent with the peoples liberties , and a great bondage to them , have as b earnestly declaimed against all inclosures , coppy hold tenures , land-lords old rents , services , antient customes , imposts ▪ which being not so antient , nor ratified by so many statutes , charters , muniments of all sorts as tithes are , will not be able to stand before their opposition and arguments against them , if our tithes and ministers glebes should once fall before them . 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 a 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 . . 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 b 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 trie 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 . ly . 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 , . that they shall be as bitter enemies to and persecutors of the ministers of christ amongst us in and by this very project , as a 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 deserving such an inhuman censure , depriving them of their livelyhoods . ly . 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 . pet. . , . an heart they have exercised with covetous practices , cursed children , which have forsaken the right way , and are gon astray following the way of balaam , the son of bosor , who loved the wages of unrighteousnesse . these are wells without water , clouds carried with a tempest , to whom is reserved the mist of darknesse for ever . ly . that although god should miraculously preserve a faithfull able ministry and his true religion still amongst us through the bounty and charity of other well affected christians , yet they have done their uttermost endeavours to destroy them , and the peoples souls with them , both for the present and succeeding ages . ly . that this unrighteous violent act will in all probability bring in a world of confusion , atheism , schisms , heresies , divisions , contentions , blasphemies , disorders amongst us , in all places ; a b famine of the sincere preaching of gods word ; a neglect and contempt of learning and piety ; a c dilapidation , spoliation of all or most parish churches , chapels ; a confusion of the bounds of all parishes , and parochial congregations ; and bring all those calamities on our nation , as it did upon the israelites when jeroboam thrust out the priests and levites from their glebes , suburbs , ministry : thus registred chron. . , , . now for a long season israel was without the true god , and without a teaching priest , and without law ( as some would have us now ) and in those days ( mark the consequence ) there was no peace to him that went out , nor to him that came in , but great veration upon all the inhabitants of the country : and nation was destroyed of nation , and citie of citie , for god did vex them withall adversity . in which condition they continued , till king asa and the people renued , repaired the decayed altar , house and worship of the lord , gathered all the people to jerusalem to worship god , and enter into a solemn covenant and oath to serve the lord god of their fathers , with all their hearts , and with all their soul : and that whosoever would not seek the lord god of israel , should be put to death , whether small or great , man or woman : offred sacrifices to the lord of the spoyl they had taken from the enemy , . oxen and . shéep ; and brought into the house of god , the things that his father had dedicated , and himself had dedicated , silver and gold and vessels ( formerly taken thence ) and then there was no more war in divers years . v. . to the end of the chapter . and probably our wars , taxes , vexations will never end , till we give over our late irreligious , sacrilegious rapines , church robberies , and do the like , as this pious king and his people here did . ly . that this discouraging , robbing , abusing , despising , mocking , misusing , of gods messengers , prophets sent amongst us , and of all his and their words against our wicked atheistical , sacrilegious rapines , is the high way to provoke the wrath of god to rise against us till there be no remedy , yea to bring in a powerfull foreign nation upon us to pillage , waste , destroy , enslave our whole nation , extirpate us out of the land of our nativity , and carry us captives to a foreign nation , as it did gods own people heretofore . chron. . , to . sufficient motives to deter us from such a dangerous practice . ly . i must inform our army-officers and souldiers , that it is expresly against the very laws and rules of war even in a foreign enemies country won by conquest , to rob , destroy , pillage churches , temples , or things devoted for the maintenance of gods publique worship ; which not only the best christian generals , and souldiers , but many heathen and mahometan generals , princes , commanders made conscience not to plunder , deface , demolish or substract , as grotius proves at large by many instances in his book de jure belli . l. . c. , . sect . , , . annotata on them . how much more then is it against the law of war and armes it self to make a prey , plunder of churches , rectories , glebes , tithes in their own native country , against their own consciences , covenants , commissions to defend them ? yea such generals , souldiers and whole armies who have made no conscience to observe it , have been frequently destroyed for their sacrilege , as many heathen historians observe , as well as christian : herodotus , in my edition p. , , , , , , , , , , , , . diodorus siculus bibl. hist . p. , , . dion cassius rom. hist . p. . justini historia l. . p. . l. . p. , to , , , . caelius rhodiginus ant. lect. l. . c. eutropius rer. rom. hist . p. , , . paulus diaconus p. . nicetus hist . p. , . laurentius begerlink . chronogra : p. , , . record sundry examples of this kind , both among pagans and christians , to deter others from this dangerous destructive sin : which if they neglect & scorn , i shall then desire them to remember that saying of euripedes an heathen poet in his troadibus , that he shall receive the like exemplary punishment . homo quisquis urbes vastat , & dis manibus sedes sacratas , templaque , haud recte sapit , nam similis ipsum pestis excidii manet ly . it is the resolution of d seneca the philosopher . quisquis id quod deorum est , sustulerit & consumpsit , atqu● in usum suum vertit , sacrilegus est : and all e canonists , casuists , schoolmen , divines whatsoever accord ; that it is sacrilege for any persons or powers whatsoever to invade or take away any thing which our ancestors or any others have solemnly vowed , dedicated for the necessary maintenance of gods publique worship and ministers under what specious pretext soever it be done . therefore to take away or abolish our ministers tithes , glebes , rectories and other dues conferred on them by our pious ancestors , and make spoyl , havock of the churches , edifices erected by them for gods publique worship , must questionlesse be sacrilege ; as god himself expresly defines , mal. . , . with all commentators thereon , old and new ; and gratian caus . . qu. . this the famous emperor , souldier charles the great , and ludovicus surnamed the godly and most christian , joyntly resolve , capit. caroli & ludovici l. . cap. , , , , . & l. . c. . where they thus conclude . scimus res ecclesiae deo esse sacratas ; scimus eas esse vota fidelium , & pretia peccatorum . quapropter , si quis eas ab ecclesiis quibus a fidelibus collatae deoque sacratae sunt , aufert , proculdubio sacrilegium committit . caecus enim est qui ista non videt , &c. si ergo amico quippiam rapere furtum est , ecclesiae vero fraudari , vel abstrahi indubitanter sacrilegium est omnes enim contra legem facientes resque ecclesiae dirimentes , vel ecclesias sacerdotesque contra divinas sanctiones vexantes sacrilegi vocantur , atque indubitanter infames sacrilegique habendi sunt , &c. what penalties have been inflicted upon such who were guilty of this sin by christian princes in foreign parts : i shall briefly inform this sacrilegious age . f theodoricus king of the gothes in his edict . c. . enacted : that if any man should violently take any thing from churches , he should lose his head . and alaricus the gothish king , though an arrian , when he took rome by force of armes , and his souldiers had taken the sacred vessels out of st. peters church there , and brought them to him ; commanded them to carry them back again to the church , with their own hands which took them thence , ut cupiditas quae depraedationis ambitu admiserat scelus , devotione largissima deleret excessum : as cassiodor relates , l. . epist . . among the a friseans laws made by their wisemen , tit. . de honore templorum ; this is one ; he who shall break a church , and take away the holy things thence , let him be carried to the sea , and in the sand which the tide is wont to cover , let his cares be slit , and he be gelt , and then let him be sacrificed to the gods whose temples he hath violated . the neopolitan laws l. . tit. . enact ; that whosoever shall violently break open a church , and take away any gifts or consecrated vessels thence , shall be punished as a capital off●nder , and lose his life . b charles the great and lewes the godly , enacted ; that if any person violently took from any church , priest or minister any thing belonging to them , and were convicted thereof , or confessed the same , he should have sentence of death given against him , as guilty of sacrilege , and that it should be not only lawfull , but commendable , to prosecute and avenge this sacrilege and injury done to the church , priests and ministers , as a publique crime , deserving punishment , and that if any did sacrilegiously invade or molest the possessions and lands of the church , he should be perpetually banished for it . capit. caroli & ludovici l. . tit. , . and tit. . they thus determine . all things that are offered to the lord , are without all doubt consecrated to the lord , and not only the sacrifices , which by the priests are consecrated upon the altar to the lord , are called the oblations of the faithfull , but what things soever are offred to him by the faithfull , whether in sacrifices or in fields , vineyards , woods , medowes , waters , water-streams , artifices , books , utensils , stones , buildings , vestments , wools , garments , cattel , parchments , moveables and immoveables , or whatsoever , which of these things are made to the praise of god , or the supplement of the holy church of god , and his priests , and which may give ornament unto them , whether they be freely offered by any one to the lord and his church , are undoubtedly consecrated to the lord , and belong to the priests right . and because we truly acknowledge the lord and his church to be one person ; what ever things are the churches are christs ; and whatsoever is offered to the church , either in the aforesaid things , or in any other kinds , or by promises or pledges , or writings , or in corporal things are offered unto christ , and what thin●s by any devise are alienated or taken from his church , either by alienating , or by wasting , or invading , or by diminishing , or by rapine , are taken from christ . and if it be robbery to take any thing from a friend , it is sacrilege to take away , alienate , substract , or waste any thing especially from christ , who is king of kings and lord of lords . for all robbers of the church are most apparently sacrilegious persons , and no sacrilegious person , unlesse by pure , approved and publique repentance , and by satisfaction to the church , and by imposition of the bishops hands , and reconciliation according to the canonical sanctions , shall inherit the kingdom of god ; and shall not only be secluded the kingdom of god , but likewise be shut out of the limits of the church , especially of the church he hath ruined , and shall be excommunicated thence , until the foresaid satisfaction given . and the perpetrators of such wickednesses , ought to have no communion at all , either with the living or dead , till after such satisfaction given . because who ever violently takes away his neighbours money , commits iniquity , but sacrilegious persons are not only théeves , but likewise wolves and man-slayers and murderers of the poor , and accursed , damned persons before god and his saints . and if so , as these two pious emperors , by their lawes , with many a protestant writers ( as well as papists ) resolve ; and all sacrilegious persons , taking any vessel or vtensil out of a church , though of small value by our b own lawes too , as well as theirs , be sacrilegious persons worthy to suffer pains of death , as felons ; those who shall openly sacrilegiously rob , or attempt to rob and spoyl all the godly painfull ministers of our nation of all their tithes , rectories , glebes , churches and church-yards too at once , are doubtlesse sacrilegious persons in the highest degree , deserving to suffer a temporal infamous death and execution , ( better than any high-way theeves or robbers ) at tiburn , or to be eternally banished the nation , c excommunicated all christian society , and had in perpetual execration , for this sacrilegious rapine , both by god himself and all good men , unlesse they repent and make full publique restitution , satisfaction for this their detestable sacrilege . lastly , if any officers or souldiers pretend , we are now a conquered nation ; that conquest makes all sacred things , prophane and common to the conquerors ; and that churches may be justly spoyled of their materials , vessels , glebes , tithes , in such a case for the pay and benefit of the conquering souldiers , as d some affirm . therefore they may now justly deprive our ministers of their tithes , glebes , rectories , churches , church-yards , to pay , maintain themselves and the conquering army , yea alter , change our laws at present ; as they now attempt , and divers of them openly professe they intend to doe . i answer , . that the lords and commons , the very last parliament , when they first raised the army , in e their petition to the late king , sent to his excellency the earl of essex , to the army , and by him presented to his majestie sept. . . or soon after , used this expression . that the prevailing popish party with his majestie , who by many wicked plots and conspiracies have attempted the alteration of the true religion , and the antient government of the kingdom , the introducing of popish idolatry and superstition into the church , and tyranny and confusion into the state , and by corrupting his councels , abusing his power , and sudden and untimely dissolving of former parliaments , had often hindered the reformation and prevention of those mischiefs . and in prosecution of those wicked designs , had ( as the most mischievous and bloudy designe of all ) drawn his majestie to make war against his parliament and good subjects of this kingdom , and to lead in person an army against them ; as if he intended by conquest ( mark the word ) to establish an absolute and unlimited power over them . and in their f remonstrance nov. . . in reply to his majesties answer to their remonstrance of may . . they charge this as the last doctrin and position of the contrivers of his majesties answer ; that the representative body of the whole kingdom , is a faction of malignant , schismatical , and ambitious persons , whose designes is and alwaies hath béen to alter the whole frame of government both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person and of monarchy it self ; and consequently that they are traytors , and all the kingdom with them : ( for their act is the act of the whole kingdom ) and whether their punishment and ruine , may not also involve the whole kingdom in conclusion , ☜ and reduce it into the condition of a conquered nation ( mark the words ) no man can tell : but experience sheweth us ( as now it doth in good earnest more than ever ) that successe often carries men not only beyond their profession , but also many times beyond their first intentions . for an army , officers then , professing themselves true born english men , eminent godly saints , preservers of our nations liberties against regal tyranny and enchroachments , originally raysed , commissioned by both houses to protect our lawes , liberties , religion , church , government , parliament , nation , from an intended conquest by the late kings army ; to establish an absolute unlimited power over us , and from being reduced into the condition of a conquered nation , after the total routing of the kings army , power , now at last to plead , to averr , we are now a conquered nation ; in respect of themselves , and thereupon to endeavour to establish an absolute unlimited power over us , by altering the whole frame of government both in church and state , changing the body of our lawes yea antient constitution of our parliaments ; abolishing our very ministers rectories , tithes , dues , or diverting them to pay , maintain themselves ; yea now to act over the very self-same things , which both houses then charged upon the late beheaded king and his malignant popish councel ; thereby verifying these his predictions of their forementioned designs in every punctilio , ( then utterly disclaimed by both houses as the highest scandal to them , and their sincere loyal intentions ) and making him a truer prophet , than their new merlin , lilly ; will not be only most scandalous , dishonourable to them , but monstrous , treacherous , perfidious , if insisted on , or persisted in , both in the judgement of god , angels , men , and their own consciences too . wherefore i presume on second thoughts , they will disclaim this plea both in words and actions . ly . they were all raysed , waged , commissioned by the late parliament and well-affected people , not to fight against , conquer or subdue themselves , but to preserve them , their lawes , liberties , privileges , estates , our churches and religion against the common enemies and invaders of them . therefore they cannot stile themselves conquerors of tho●e persons , things they never fought against , but only for , unlesse they will now declare their secret intentions , were ever crosse and contradictory to their open commissions , vowes , covenants , protestations , words , and printed declarations to god and those that raised , waged them for their safety and defence alone ; and thereby proclaim themselves the greatest hypocrites under heaven , and therein as treacherous to their own native country and those who trusted them , as the a mamalukes of egypt , the pretorian soldiers of rome were to their lords and masters of old ; which i hope they will disclaim . ly . it is a resolved case by the law of nature , nations and war it self , as grotius proves at large , de jure belli l. . c. . sect . , , , &c. that things gained by conquest in a war , ought to redound not to the officers , souldiers , generals , who manage the war , but to the kingdom , nation whose servants they are , and both commission and pay them their wages , as the servants , apprentices gains redound to their masters coffers , not to them . qui sentit onus , sentire debet & commodum : being both a principle in the law of nature , reason , and in our common law too . hence b all the roman generals and military officers , brought all the silver , gold , treasures , spoyls of war into the publique treasury , putting none of it into their private purses ; and all the lands , countries they gat by conquest were the republiques only , which bore the charges of the war , not the victorious conquering generals or souldiers . therefore the officers and army being commissioned , raised only for , and constantly paied by the parliament , people , for the ends aforesaid , never warring on their own free cost ; what ever treasures , lands , powers , spoyls they have gained by their victories , conquests , are of right the parliaments , nations , peoples only , not their own ; therefore the parliament , nation , people cannot , must not be over-awed , used , reputed by them , as their meer conquered vassals , but as their soveraign lords , and true proprietors of all the territories , lands , treasures , powers they have gained by their conquests . ly . that conquest is no just or lawful title , was long since resolved by the greatest conqueror ever england yet bred , even our famous british conquering king arthur , in the greatest parliamentary councel ever yet held within this isle , whereat were present no lesse then . kings besides king arthur , and an innumerable company of princes , dukes , nobles , prelates of the british , and most other neighbor nations ; as geoffry monmouth , hist. regum brit. l. . c. , , , , , , , . records . all these , when lucius procurator of the roman republique , came to demand that antient tribute reserved by julius caesar from this isle of britain when first conquered by him , then in arrear ; and threatned to levy is by force of arms , if denied ; meeting together in a great councel or parliament specially assembled for that end : resolved , that the said rent pretended to be due to the romans from the britons , because caesar by reason of the britons divisions being invited hither with his forces , enforced them ( their countrie being then shaken with domestique troubles ) to submit themselves to him by force and violence ; could not in justice be demanded of them : because this tribute being gained in this manner was unjustly received . nihil enim quod vi & violentia acquiritur , iuste ab ullo possidetur qui violentiam intulit . for nothing which is gained by force and violence , is justly possessed by any who hath offered and done the violence . irrationabilem igitur causam praetendit , qua nos jure sibi tributarios esse arbitratur . therefore he pretends an irrational cause , whereby he supposeth we are of right tributaries unto him . and because he presumes to exact from us id quod injustum est , that which is unjust , by the like reason let us demand a tribute of rome from him ; and he who shall prove the stronger , let him carry away what he desires to have . for if because julius caesar and other roman kings heretofore conquered britain , he determines tribute is now due unto him for this cause : i now also think , that rome ought to render tribute unto me , because my ancestors heretofore got it by conquest : whereupon they all resolved to assist king arthur with their armes against this unrighteous tribute , and title to it by conquest ; and professed they would spend their lives in the quarrel . ipsa enim mors dulcis erit , dum enim in vindicando patres nostros in tuendo libertatem nostrant , in exaltando 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 a noble king henry the d . and of all the bishops , abbots , peers , earls , barons of england assembled in a parliamentary general councel of the realm at westminster , an. . 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. ly . ** william duke of normandy , edward the d , henry the th , edward the th , and henry the th , 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 a 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 th . as placita coronae , rot . parl. h . n. . record ; did in the first parliament held by him after his conquest of richard the d . 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 h. . c. . ) 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 b 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 ; wi●l 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 found 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 , sam. . , . 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 hast kept me this day from coming to shed bloud , and to avenge my self with my own hand : but if they shall by gods permission cast me again bound hand and foot into another fiery fornace for this my faithfull service , or not falling down and worshipping that golden ( or rather wooden ) image which they have or would now set up : i doubt not but that gracious god , who hath so miraculously preserved me in , delivered me out of so many (a) fiery trials and fornaces heretofore , will do the like again hereafter , and that in such a visible eminent manner , as shall enforce them at last to use those words unto me as nebuchadnezzar did unto shadrac , meshac , and abednego after their miraculous preservation in the midst of the fiery fornace into which the most valiant men of his army cast them bound by his unrighteous command , to their own immediat destruction by the flame , without the least hurt to them . dan. . . then nebuchadnezzar spake and said , blessed be the god of shadrac , meshac and abednego , who hath sent his angel , and delivered his servants that trusted in him , and have changed the kings word , and have yielded their bodies that they might not serve nor worship any god ( or idol ) except their own god. this being an undoubted truth , which i have ever hitherto found experimentally true from and in my former causelesse oppressors , ( whose erronious practices , vices i have reproved ) recorded by god himself and the wisest of all mortals . prov. . . he that rebuketh a man ( for his faults plainly ) shall afterwards find more favour , than he that flattereth ( him in them ) with the tongue . and that saying of the truth it self in such cases ( of difficulty and concernment to the reprover ) will ever prove an experimental verity , wherewith i shall conclude my plea , which i desire may be deeply engraven in the hearts , spirits of all timorous , base , unworthy christians , ( who dare neither speak nor write their consciences , nor discharge their duties in these times of danger , and will wrong both their consciences , country , posterity , yea shame their god , nation religion to save their estates , lives as they fondly conceit , when they will lose all with their souls to boot , by their base carnal fears ) math. . , , . luke . . if any man will come after me , let him deny himself , and take up his crosse and follow me . for whosoever will save ( or shall seek to save his life , so luke records it ) shall lose it ; ( and his tithes , lands , liberties with it ) and whosoever will lose his life for my sake shall find it . for what is a man profited if he shall gain the whole world and lose his own soul ? or what shall a man give in exchange for his soul ? i shall cloze up all with this notable passage of our own learned writer , john sarisbury against such religious hypocritical cistersian monks who in his age sought exemption from payment of tithes , and seised upon the ministers dues about the year . joannis sarisburiensis de nugis curialium l. . c. . de hypocritis , qui ambitionis labem falsae religionis imagine nituntur occultare — hi sunt qui potestatibus persuadentes ut propter vitia personarum , jure suo priventur ecclefiae . decimationes et primitias ecclessis subtrahunt , et ecclesias ipsas accipiunt de manu laicorum episcopis inconsultis . hi sunt qui praedia avita subtrahentes indigenis vicos & pagos redigunt in solitudinem & in suos usus vicina quaeque convertunt : ecclesias diruunt & ut in usus revocant seculares , quae domus orationis fuerat , aut efficitur stabulum pecoris , aut opilionis , aut ianificli officina . et ut se possunt plenius exhibere & charitatis implere manus ne decimas dent , apostolico privilegio muniuntur . miror tamen ut fidelium pace loquar , quidnam sit , quod decimas et iura aliena usurpare non erubescunt : inquient fortè , religiosi sumus : planè decimas solvere religionis pars est . et eas a deo populus duntaxat religionis ( solvere ) exigitur . hi adeo religiosi sunt quod in decimis vandis derogare possunt constitutioni divinae , & in eo licenter minus grati sunt gratiae dei quo eam amplioribus beneficiis éxperiuntur . finis . a postscript . it is storied of * canutus the th . the king of denmark , ( an eminent professor of piety , and religion , and great lover of justice ) that perceiving his subjects to stick at many things pertaining to christian religion , and not to conform to other christians throughout the world in laws and ceremonies , specially in the due payment of tithes to their ministers , he urged them out of religious piety , at ritu aliarum nationum christianam religionem profitentium , decimas sacerdotibus suis soluerent ; that after the custome of other nations professing christian religion they would pay tithes to their priests : remitting to them a great fine imposed on them for their rebellion and contempt , in refusing to accompany him in an expedition against the english , to induce them thereunto . but they being perswaded the contrary by his brother olaf , thereupon rose up in rebellion against him ( specially the northern jutes , frequently perfidious , whom he could never induce to pay tithes ) and pursuing him to othense , cruelly murdered this their just and pious king in the church of st. alban , anno . whom olaf succeeding , god presently sent such a great scarcity of corn and provision in denmark for . years space together , ( the intemperatenesse of the air blasting all their corn ) that many families , not only of the poorer , but richer and nobler sort died of famine , the people fighting with one another even for grasse to eat . at last the famin invading king olaf his court , he prayed to god ; that if he had conceived any anger against his subjects ( for not paying tithes and murdering their king ) he would satisfie his wrath upon him , not them ; and the same night , esurientem & parricidii paenitentem animam efflavit : he died of hunger , repenting of his paricide . o that all english tithe-oppugners , and regicides would seriously meditate on this memorable president of divine justice , upon such delinquents , and be brought to timely repentance thereby , to prevent the like national and personal judgements , upon our nation , themselves and their posterities . errata . courteous reader correct these mistakes and omissions of the presse , occasioned by the authors absence in the country . page . l. . if , r. of , p. . l. . r wagria . p. . l. . r. inservierat pietati , l. . r. wilfrid , p. . l. . these , those , p. . l. . decima , l. . . aliendis , alienandis , p. . l. . r. e. . c . l. . parliament , l. . sommoneri , p. . l. . heu licet quod eo , r. quod licet de , l. . dele , ut , l. . indulgere , r. inducere , l. . quamplurimum , p. . l. . superiors , p. . l. . lord god , p. . l. . form , r. former , l. . last , r. lasting , l. , . r. peril , reproach and slander of the gospel , l. . to , r. of , l. . bow down , p. . l. . who builded , l. . paris , r. parker , p. . l. . in egercituisse , r. his chaplain , p. . l. . . r. . p. . l. . they shall , p. . l. . balivis , l. bonis , l. . praestiterunt , p. . l. . dele siquis igitur insanus importunitate , p. . l. . dele li , p. . l. . more , r. none , l. . or , r. of , p. . l. . for , r. from , p. . l. . jure , r. pure , p. . l. . partimacensis , portiniacensis abbatem , nautire , r. majoris , l. . clamianensis , cluniacensis , p. . l. . . . l. . elegant supremam , r. eligant sepulturam , l. . iliburg , friburg , p. . l. . praemonstratensian , l. . abuse , l. . deformations , reservations , l. . at least , p. . l. . replain , r. mepham , l. . grand , p. . l. . oxenetius , opmerus , p. . l. . r. charge of the cure , p. . l. . in sales , l. , only , r. chiefly , p. . l. . fees , r. fines , l. . r. their families , p. . l. . of , r. or , p. . l. . as litigious , p. . l. . our , r. of , p. . l. . or unto , recorded both , l. . spoyls , r. soyl , p. . l. . requiring , r. inquiring , l. . spoyls , r. soyl , p. . l. . fere modum , r. propemodum , p. . l. . pugnavimus , p. . l. . inhabitances , r. inheritances , l. . people , r. priests , l. . dele or , p. . l. . if not , p. . l. . within us , p. . l. . dele of , p. . l. . thee , r. men , p. . l. : lucius , licinius , p. . l. . brought , r. bright , p. . l. . for , or , p. . l. . which , with , p. . l. . syms , syrus , p. . l. . proceed not , p. . l. . nicetas , l. . beyerlink . in the margin , p. . over against good space , l. . read , at least . years , as is evident by gen. . . c. . . . c. . , . p. . l. , . monasteries , p. . l. . r. . p. . l. . ivonis , p. , l. . saxonicorum , p. . l. , . ruffinus , p. . l. . am , um . an admonition to all protestants , ministers , lawyers , and others of whatever quality , within our three nations . be pleased to take notice , that as the new dissolved anti-parliamentary juncto at the beginning of their last session , and a little before their sodain dissolution ; did by their conscientious speaker , give the hearty thanks of the house and ( mock ) parliament , to the petitions of sundrie anabaptists , and other sectaries , ( headed by jesuites , and popish franciscan freers ) for their good affections , when they petitioned against tithes ; so the general council of officers of the army , usurping to themselves the soveraign legislative power and authority of the great ge●eral council and parliament of england , to evidence to the world , by whose counsels they are steered , whose designs they prosecute , and that they deserve to be canonized for saints by the pope of rome in his roman kalendar ; have voted down our ministers tithes , ( and therewith our ministry too ) and in their printed declaration october . p. . ( since this gospel plea was finished at the press ) declare to the world , that it is upon their spirits , and they earnestly desire , and shall endeavour , that a full and through reformation of the law may be effected ( by abolishing those lawes they were raised , waged , commissioned to defend , and suppressing lawyers and terms at westminster , if not innes of court ; as also , that a faithfull , godly , and painfull gospel-preaching ministry , may be encouraged and provided for , by some certain way , that may be lesse troublesem to them , and lesse vexations to the people than tithes ▪ ex cauda draconem . what debates , speeches many of our army-saints have lately had concerning the totall extirpation of tithes , ministers , law , lawyers , vniversities , corporations , several others can inform those whom it most concerns . whether saint johns description of the army of ( romish ) locusts , rev. . coming out of the smoak of the bottomless pit , who bad a king , or general over them , whose name is apollyon , that is to say , a destroyer ; be not a true character of our present army of saints , let all real english protestants judge , and what good cause they have to continue and pay them out of our quite exhausted bankrupt estates , to accomplish these good endeavours , after all their commissions nulled , expired , forfeited by their treacheries and rebellions against their old and new superiors ; faithfulness , loyalty , obedience in the most inferiour degree , to their old parliament , new protector , and anti-parliamentary juncto , ( * trees whose fruit is withered , twice dead , plucked up by the roots by them ) after all old protestations , covenants , & new commissions , ingagements , declarations , addresses to be true. faithfull , constant to them , and live and die with them , being such a capital crime in their general councils eyes , even in their own colonels , captains , souldiers ; as to demerit and incurr an unpardonable censure of utter cashiering out of the army , as traytors , enemies to , and apostates from the armies interest ; which is to be faithless , perfidious , treacherous to all superiors whatsoever : wit● in the vindication of . officers , come off from , and turned out of the army , in march , for their obedience to the old parl. the late cashiering of col. whaley , ingoldesby , goffe , and others for their fidelitie to richard , pr. & of col. okey , mosse , morley , and others , for their adhering to the dissolved juncto , though they drew not a sword , nor discharged one pistol in their defence ; which may be justly recompenced ere long by the common souldiers disobedience , treacherie , and infidelitie towards their present commanders , when they stand in most need of their assistance ; isa . . , . finis . notes, typically marginal, from the original text notes for div a -e isa . . . & . , mat. west . an. . p. . antiq. eccles . brit. p. , . psal . . . acts . . psal . . . thess . . . rom. . . psal . . , , . psal . . , , . cor. . , . cor. . , . job . . gen. . . dan. . . tim. . . dan. . , , &c. jonah . & . in my histriomastix , healths sicknesse , love-locks , cosens cosening devotions , breviate , quench-cole , memento , speech in parliament , & other books . jude . levit. . . tit. . . rom. . , . deut. . . neh . : psa . . , , to . & . . & . . jer. . , , &c. heb. . , . gen. . , levit. . . num. . . josh . . . & . . & . , to . psa . . . hos . . . zech. . . eccles . . . ezek. . , , . prov. . . rom. . . tim. . , , . rev. . , . psalm . , , , . psal . . acts . , to . see the beacon fired : and nicolas causins the jesuit's holy court ; printed at london . in folio . psal . . . isa . . & . . sam. . . psal . . , , , , . act. . . cor. . . psal . . , , , &c. psal . . . psal . . & . . notes for div a -e jer. . . & . . give it this title . isa . . . ezek. . . & . . magna carta of king henry the . and k. john. mat. paris hist . angl. p. . , . & h. . c. . . times since confirmed in parliam . isa . . . & . , . psa . . , . rev. . . jer. . . . a collection of ordinances , &c p. , . mat. . . gal. . . gen. . . heb. . , to . dr. griffith williams in his workes in folio p. . contrary to magna carta c. . . e. . c. , , . e. . c. . e. . c. . e. . c. . e. . c. . e. . c. . e. . c. , . h. . c. . h. . c. . h. . c. , . h. . c. . e. . c. . the petition of right caroli , and are ordinances for tithes & augmentations the kentish petition and others . maffaeus vegius & rabadenira ( both jesuits ) in vita ignatii loyolae , heylins microcosm , p. . this one of them affirmed lately to a friend of mine the false jew , newly printed , p. , , , , . dan. . . see mr. seldens history of tithes c. . p. , , . gen. . . heb. . . a collection of ordinances , p. , , , . june . & . . see oliver cromwells speech . sept. . p. , . mat . , , . exact collection , p. , to , , , , , , , , , , , , , , , , . a collection , p. , , , &c. , , , , , , , , , , , , , , , , , , . and elsewhere . exact collection p. . a collection p. , , , , . which i desire may be now seriously perused , together with my romes master-piece . luke . ▪ pet. . . psa . . , . psal . . . esth . . . eph. . & . . ●hilem . . tim. . . cor. . . tim . , . notes for div a -e (a) see spelmanni concil . tom. . p. , . . (b) thes . . (c) ezek. . . psal . . psal . . . proposition . * see huldrici zuinglii explanatio artic . . operū tom. . f. . benedicti aretii problemata , locus . de stipendiis ministrorum . d see dr. carltons tithes proved to be by divine right , & dr. burges , calvin and others on this text. * see huldrici zuinglii explanatio articuli . e deut. . . f tim. . , . tim. . , , , , , , , , . g heb. . . * gen. . . . c. . . c . . jud. . . isay . . (h) ps . . . prov. . ● ▪ (i) see cor. . , . & . , . * see nicephorus , zonaras , and grimston in the life of phocas : platina and bale in the life of pope gregory the . ‖ fox acts and monuments ▪ vol hist . de vita et obitu m. buce●i . k kings . , , . l see rom. . , , , . backing these reasons . * act. . . c. . . tim. . , . rom. . , . tim. . , . m tim. . ▪ . rev. . . & . & ● . . ps . . . a grotius de jure belli , l. . c. , , , . l. . c. , . gratian causa . qu. . o grotius de jure belli , l. . c. . sect . . p. . and elsewhere . nulla fides , pietasque viris qui castra sequuntur . lucan . hen. huntindon . hist . l. . p. . p isa . . , . jer. . , to . ch . . & throughout . ezek ch . . joel . . isa . . , . & . , , , & . , to . q sam . . acts . . r sam. . . & . . ſ chron. . , , , . & . , . & . , , , , . jam. . , , . joel . . . (t) magna carta c. , . e. . c. , . e. . c. , . e. . c. . e . c. . r. . c. . h. . c. . r. . c. . the petition of right caroli . (u) see rastals abridgement tenths and taxes , and statutes at large , acts for the clergies subsidies . the objections answered . object . . answ . object . . answ . x spelman . * car. c. . (y) see antiqu . ecclesiae brit. p. , to . hoveden annal. pars posterior . p , , . (z) see a vindication of sir will. lewes . a justification of the xi impeached members , and their answer to their charge , printed . object . . answ : object . . see mr. seldens history of tithes , c. . sect . . answ : * see mr. seldens history of tithes , ch . . . . . & littleton , tit. frank-almoign . * see rastals abridgement , tit. poor , & tithes . * history of tithes ch . . p. , . proposition . (z) rom. . , . a heb. . . b dr. bound , dr. twisse , mr. sprint , mr. bernard , mr. palmer , mr. caudry & others of the sabbath . mr. dod , clever , and others on the commandement . c gen. . . & . , . heb. . , . * see mr. seldens review of his history , ch . . sixtus senensis bibl. sanctae , l. . annot. , . d dr. griffith williams of the incarnation of christ , in his works in fol. p. , to . petrus cunaeus de repub. jud. l. . c : . (e) see hemingiu● on the place . (f) rom. . , , . & . . gal. . , , . , g cor. . , . tit. . . h see the late petitions against tithes . * see mr. john seldens history of tithes , c. , . & his review , c. . with the authors there cited . i the words of the solemn league and covenant . object . . answ . (k) purchas pilgrimage p. gerundensis and godwins jewish antiquities (l) see the ordinances for augmentations (m) act. . . neh. . . (n) sam . . chron. . . (o) sam. . . * history of tithes , & survey thereof , ch . . . * de tempore serm. . tom. a spelman . concil . p. . b ingulphi hist . p. , , . will. malmsb . de gestis regum angl. l. . p. . hen. huntindon hist . l. p. hoveden annal . pars prior . p. , . & pars posterior , p. , , . verstegan restitutiō of decayed antiquities , accord herein , and mat. westm . ann. . p. . c spelman . concil p. . d mr. cambdens britannia , p. . mr. seldens notes to eadmerus , p. . where the charter is recorded : and most of our historians in the life of k. william . speeds history , p. . e hoveden annalium pars posterior p. . . mr selden ad eadmerum notae , p. , , . spelman . concil . tom. . p. . ingulphi hist . p. . f hoveden , ib. p. seldeni ad eadmerum notae , p. . g hoveden ib. p. , . spelman concil . p. , . lambardi archaion . (h) royal tyranny discovered : a defiance against arbitrary usurpation . englands birth-right ; and many late pamphlets else . (i) will. malmesbury de gestis regum angl. l. . p. . &c. and naucl. speeds history p. . daniel in his life . object . answ . * see calvin and others on the place . * mr. seldens history of tithes and survey , ch . . object : . k fox acts & monuments vol. . p. . answer . l see hemingius & others on this place . * see walafridi strabi de rebus eccles . c. . m mat. . . luke . , to . joh. . . * john . , . mat. . , . * see his voyce from the temple p. . n exod. . , , . deut. . . o exod. . , , . c. . , . lev. . . num. . , . deut . , . levit. . . p dr. bound , dr. twisse , dr. white , and others , of the sabbath . bishop andrews , mr. downham mr. cleaver , mr. dod on the fourth commandement , and all other commentators on it . q his second voice from the temple . * decimas deo & sacerdotibus dei dandas , abraham factis , jacob promissis insinuat ; deinde lex statuit , & omnes doctores sancti commemorant walafridi strabi de rebus ecclesiasticus . c. . r rom. . . psal . . . isa . . . zeph. . . acts . . josh . . . isa . . . rom. . . chap. . . ſ in his sermon , april , . in defence of the honourable function of bishops . t in his pilgrimage , l. . c. . p. . the first edition . u kings : . kings . . x dr. usher . annales eccles . veteris testamenti . p. . y see the books of ezra and nehemiah . z heylins cosmography , p. . a see spelman . concil ingulphi historia : mat. westm . antiq. eccles . brit. m. seldens history of tithes , ch . . and our kings and others antient charters of donations to abbies and churches . * walafridi strabi de rebus eccles . ch , . * si non dederis mihi decimam , auferam novem , walafridi strabi de rebus eccles . c. . see calvin in mal. . augustin de tempore sermo . bochellus decret . ecclesiae gal. l. . tit. . c. , . * aug , serm. . walafridi strabi de rebus eccles . c. . synodus lingon . . bochellus decret . eccles . gall. l. . tit. . c. . * si dederis mihi decimas . multiplicabo novem : ideo ergo dandae sunt decimae , ut hac devotione deus placatus , largius praestet quae necessaria sunt walafridi strabi de rebus eccles . c. . augustin . sermo . . * see gulielmus stuckius antiqu. convivalium l. . c. . b hieron super ezech. josephus scaliger diatriba de decimis . drusius pro. ad mat. . purchas pilgrimage , l , . c. . m. seldens history of tithes gulielmus stuckius antiqu . convivalium l. . c. . * hebr. c . & . throughout . eph. . , . cor. . . * cl. . e. . m. . exact abridgement p. , . a brief register , kalendar , and survey of parliamentary writs . p. , , , , , , , , , , , , , . rastals taxes , and tenths . c comment . in thess . . . p. . * walafridi strabi de rebus eccles . ch . . * augustin . de temp. serm. . walafridi strabi de rebus eccles . c. . bochellus decreta eccles . gal. l. . tit. . c. . . * bochellus decret . eccles . gal. l. . tis. . c. . d dr. bound , mr. dod , cleaver , dr. twisse , downham , practice of piety and others * see gratian. cans . . qu. . walafridi strabi de rebus eccles . c. . e in his second voice from the temple to the higher powers , p. , , , . and elswhere . * ch . p. , , , , , . * vide zonar . in concil . gangr . can. . * clement in tit. de decimis , c. . religiosi . ‖ ad extrav . tit. de paroch . c. ult . significavit . * bochellus decret eccles . gall. l. . tit. . c. , , , , , . f chaplain to sir arthur haslerig 's regiment and garison heretofore . * see mr. seldens history of tithes , and review , ch . . a heb. . , . a page , . a joan. capgrave in vita josephi : chr. glastoniens . vincentius spec. hist . lib. . c. . with sundry others , cited by dr. usher britan. ecclesiarum antiquitates . c. . p. , spelman concil . p. , &c. with the authors quoted by them . b dr. vsher brit. eccles . antiq. spelmanni concil . p. . &c. with the authors quoted by them . a gildas , ep. vsher , brit. eccles . antiq. p. . spelmanni concil . p. . . b spelman . ib. p. , . de antiquitatibus eccles . brit. dr. vsher . ‖ malmsbury de gestis regum angl. l. . c. . mat. west . anno . florent . wigorniensis , an. . spelmanni concil . p. , . * spelmanni concil . p. . , , to . cent. magd. . cap. . * see augustin de temp. serm. . * in his second voice from the temple . * gen. . . * john canne , his second voice from the temple , p. . ‖ fox acts & monuments vol. . f. , , . * see augustin de temp. ser. . gratian caus . . qu. . † see the false jew discovered at newcastle for a cheat & jesuit p. , , , , , . dipped by m. tillam at hexam , a like priest , now administrator of the anabaptists there . and eliazer bar israel , his vindication of the messiah , a pretended converted jew , but sprinkled and baptized by the jesuits , dipped by our anabaptists , and a jesuit in truth . * john . . * eliz. c. . eliz. c . jac. c. , . jac. c. . car. the act for triennial parliaments . * eliz. c. : and book of ordination . * see antiqu. eccles . brit. spelmanni concil . bp. usher eccles . brit. antiqu. c. , , . &c. beda eccles . hist . * see rastals abridgment , tit. provision , premunire , rome , crown , service and sacraments , mr. fox acts and monuments . bishop jewels apology . * see mr. seldens history of tithes , c. , , , , . bochellus decr. eccles . gal. l . . tit. . de decimis . * this was penned at swainswick in the long vacation . * see dr. tillessee his animadversions on mr. seldens history of tithes , where most of the fathers & antients are cited at large . a bochellus decret . eccles . gal. . tit. . c. . p. . b edicts & ordenances , tom. . p. . c thomas waldensis doctr●nalis fidei l. . artic . . c. , . ‖ operum tom. . tiguri . . f. . * operum tom. . f. . b. * spelman . conc tom . . p. , , , , , , , . gulielmi lambardi archalon . ‖ seldens history of tithes c. . p. object . a see gratian caus . . qu. . answ . a luke . , . rev. . . isa . . , . jer. . . c. . . c. . , , . ezech. . , . b gen. . . deut. . . sam. . , to . kings . . c . . c. . . c. . , . ps . . , , , to . ps . . , , . chro. . , , . c. . . c. . . c. . . c. . . c. . . jer. . , , . c. . , . c. . , . c sam. . . chro. . . kings . , . c. . . c. . . isa . . . c. . . * see rom. . . ‖ rev. . , . ‖ levit. . , , . numb . . , , . * see my quakers unmasked , and new discovery of romish emissaries notes for div a -e a acts . b matth. . . c. . . c. . . c. . , , . rom. . . rev . . c see iohn cannes epistle , before his second voyce ( nor ) from ( but against ) the temple , and many late petitions against tithes , from kent , somersetshire , wiltshite , and other places . d e. . c. . ( see cook ibidem ) h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h . c. . h. . c. . cook instit . c. . e sam. . , c. . cl . e. . m. . dors . . brook parliament , , customs . & . grotius de jure belli , & pacis , l. . c. . sect . . c. sect . to . c. . sect . . h. . c. . * in my quakers unmasked , . and new dscovery of romish-emissaries . * see my true and perfect narrative , p. . . . . , , , · * from somersetshire wilshire and other places . (f) de republica hebraeorum l. . c. . (g) of the incarnation of the word . part. . branch . . ch . . in his workes in folio . london . . p. . to . (h) ephes . . , . c. . . , . c. . . col. . . c. . . . hebr. . . to . psal . . . . isa . . , . rev. . , . (i) rom. . . to . mat. . . luke . . , , . acts. . . rom. . , . gal. . . to the end . (k) see dr. solaters ministers portions p. . to . (l) see hebr. c. . to c. . john . , . ps . . . dr. jones , and others on the hebrewes ; dr. reynolds on psal . . . (m) acts . . c. . to . c. . , , . c. . . to c. . . c. · . rom. . . c. . , , . . c. . . to . c. . . eph. . , , , . col. . . tim. . ; compared with mat. . luke . . . isay . . . c. . . to . c. . . . c. . . c. . . , &c. ephes . . , , . (n) cor. . . eph. . . hebr. . to ch . . john . , . , . o the kentish petition , john cannes voice , mt. speed and many late quakers rayling pamphlets . p cor. . . acts . , to . tim. . , , . heb. , . cor. . . c. . . gal. . . q gen. . , , . john . . heb. . , to . compared with john . , . r see gratian caus . . qu. . & surius , binius , crab , merlin , in their council● . ſ hermoldus hist , slarorum , l. . c . edit . franc. . p. . t history of tithes , p. . u see purchas pilgrimage , edit . . p. , , , . joan. leo africae descript . l. . x arnobius adversus gentes , l. . cato de re rustica , c. . mr. seldens history of tithes , p. , . mountagues diatribae , ch . . y pliny nat. hist . l. . c. . seldens history of tithes , p. , . mountagues diatribae , p. , . z dionysius hallicarn : antiqu . rom. l. . seldens review , p. . a bibliotheca hist . l. . justin . l. . mountagues diatribae , p. , . b see his orations against them : and mountagues diatribae , p. , . xenophon de expedit . cyri , lib. . p. . , . richard mountague his diatribae , c. . p. , . * xenophon , hist . grae● ▪ l. . p. . * oratio de ag●silao rege . p. . c de gestis regum anglorum , l. . c. . p. . d ecclesiast . hist . gentis angiorum , l. . c. . e cor. . , . f psal . . . psal . . . psal . . . chron. . , , , . g psalm . gen. . , , . c. . . h exod. . . i exod. . . levit. . k see doctor sclaters ministers portion , p. , &c. l luk. . , . c. . , , . mat. . , . rev. . . c . . c . . c. . , ● , . mat. . . cor. . . heb. . , . m purchas pilgrimage , p. . . . . the writers of these several nations , realms and republikes , printed in . n rom. . ●● o origen , hom in num. c . ambrose , serm. . fer. & augustin , serm. . jerom , in mal. . p matiscon : . can. . moguntiense . an. . & . & . concil . lateran . c. . ticmense sub leone . londinense : . joan : in gratian . surius , hoveden . q extravag . de decimis . c. , , , . r see mr. seldens history of tithes , c. , , , . bochellus , decret . eccles . gall. l. . tit. . dr. tillesleys animadversions , p. . to . ſ in his voyce . t see spelmanni concil : antiqu. eccles . brit. dr. usher de rerum britanicarum primordiis . v see e. . c. . e. . c. . cooks . instit . p. , , , &c. & the petition of right . car. x see lucas osiander , enchirid . contr. cum anabaptistis . harmony of confessions , sect. . of the civil magistrate . my swo●d of christian magistracy supported . y john . . c. . , . eph. . , . c. . . to the end , c. . to . c. . , to . iohn . . . to . cant. . . ezech. . , to . rom. . , . eph. . . cor. . . c. . , . col. . . hebr. . , . isay . , to . z mal. . . iam. . . hebr. . . c. . . tim. . , . psal . . , . a rom. . . b gal. . . gen. . . hebr. . . c thess . . , . d see sclaters ministers porportion , p. , , , where he proves this by their parallel . a r. . c. . ● r. . stat. . c. . r. c. . h . c. . h. . c. . h. c. . h. . c. . h. . c. . h. . c. . h . c. . h. . c. . h. . c. . h. . c. . h . c. . car. the act for triennial parliaments , cooks instit . p. , . & instit . p. . , , , , . * cor. . . a sam. . . b heb. . . a rom. . . b cor. . . gal. . . ephes . . . pet. . . c john . . d matth. . . rom. . . a isay . . micha . . . b psal . , , . tim. . . c psal . . . ps . . . rev. . . iohn . . zech. . . a capgrave in vita iosephi , will. malmesbury de antiqu . glastoniensis ecclesiae , spelman . concil . epist . dedicatoria , & p. . to . dr. vsher ecclesiae brit. antiquitates : c. . godwin , mathew parker , speed , and sundry others . b antiqu. ecclesiae , brit. fox acts and monuments , spelman . concil . p. . &c. dr. vsher eccles . brit. antiqu. c. , , . c ad an. . roger wendever ad an. . dr. usher eccles brit. antiqu. p , , . galfridus monmuniensis , l. . c. . edit . hidelberg . a matth. westm . graston● holinshed , fox and speed. b matth. westm . an. . dr. vsher eccles . brit. antiqu. c. . speeds history p. , &c. baronius , an. . n. . c eusebius , eutropius , zonaras , grimston , speed , and others in his life , fox acts and monuments , vol. . a eusebius de vita constantini , gildas , matth. westm . an. , to . speeds history , p. , . spelman . concil . p. . dr. usher eccles . brit. antiqu . c. . throughout , a asser and others in his life . spelman in his epistle ded. to his councils . b cambd●ns britannia , oxfordshire . a spelmanni concil . p . a cambdens brit. & heylins microcosm , p. . b de jure belli , l. . c. . sect. , , . & annotata . a capgrave in prologo ad vitas sanctorum , spelmanni concil . in epist . ded. & p. . a antiqu. eccles . brit. in the life of cranmer , fox , speed , hall , grimston in h . & statut. rastal manassenas , rome . b mr. cambdens britania , spelman and others . a pilgrimage , l. . c. . p. . b fox acts & monuments , and others in his life , and the statutes in his reign . c e. . c. . d speed , how , baker , cambden in her life , and the printed statutes in her reign : antiqu. eccles . brit. in the life of mathew parker , godwins catalogue of bishops in her time . a ezech. , . b mr. seldens history of tithes , ch . . a hist . angliae tiguri , . p. , , , , &c. b see sir edward cooks preface to his . instit . on magna charta . c see matth. paris , hist . angl. p , , , , . , . the statutes at large , an. e. . after confirmatio chart●rum . n. b. a epist . . & bochellus decret . eccles . gal. p. . bibl. patrum , tom. . pars. . p. , . a cooks report . the bishop of winchesters case . b fredericus lindebrogus codex legum antiqu. p. . a rerum vngaricatum scriptores bonfinius , & nicholas isthuansis in vita sancti stephani . sancti stephani regis decretum secundum , c. . status regni hungariae , p. . cor. . . a see page , , , , , , , , , , , , , , , , , . b ioan. leo. geographical description of africa , l. . c pilgrimage , l. . c. . p. . d microcosm , p. , , . a ps . . , . a as appears by their late petitions , and iohn cannes voyce . a exact collection , p. . &c. a isay . . a matth. . , . luke . . c. . . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . mr. seldens review , p. . c eccles . hist . l. . c. . l. . c. , . l. . c. . fox acts and monuments . vol. . a apologet. c. . b ambrose offic. l. . c. . fox acts and monuments , vol. . p. , . c pr. steph. hym. . a operum , p. . b matth. . . object . . answ . a see my legal vindication against illegal taxes , and humble remonstrance against ship-mony . object . . answ . a hierom. super ezech. l. . ad cap. . josephus antiqu . jud. l. . c. . chrysostom hom. . in ephes . serm. . sir james semple sacriledge sacredly handled . joseph scaliger diatr . de decimis . mr. seldens history of tithes , and review , c. . purchas pilgrimage , l. . c. . richard mountague diatribae on mr. seldens history of tithes , c. . & dr. tillesley and mr. nettles ibidem . dr. solaters ministers portion , p. . a p. , , , , , , , , , , , , , , , . and elsewhere . dr. tillesley his animadversions on mr. selden , c. , , . littleton , chap. . f●ankalmoign and cooks institutes thereon : petrus damianus , l. . epist . . vt copiosiora in paupere● alimenta perficiant , dantur in monasteriis & eremitis decimae quorumcumque proventuum , &c. a see mr. seldens history of tithes , c. . sect . . p. , , &c , b innocent . epist . decret . l. . p. . l. . p. . extrav . tit. de decimis , c. . ex multis . a ad extr. ti● . de parach . c. ult . mr. seldens history of tithes , p. , . b doctrinal . fidei tom. . l. . artic. . c. , . a epist . . object . b e. . f. . e. . f. . h. . f. . . dyer . . cook report , f. . b. c voyce , p. . d surius concil . tom. . p. . a see rastals abridgement , title tithes , and the ordinances for tithes . lindwood , provinc . constit . l. . tit. de decimis . mr. seldens history of tithes , ch . . b see mr. seldens history of tithes , p. , , , , . c hoveden annal. pars posterior , p. . lindwood , provinc . constit . l. . tit. de decimis . d thess . . . a hist . angl. p. . b history of tithes , ch . . p. , . a hist . l. , . dr. usher annales eccles . veteris testam p. , . b voyce from the temple , epist . ded. & p. . if they were razed to the ground it wovld do well. c psal . . , . a as is evident by compa●ing it with isay . , , . c. . , to . c. . , to . jer. . , to the end . proposition . a the kentish petition against tithes , john canne , voyce from the temple , and others . b mal. . , . a matthew westm . & florentius wigorniensis . an. . see my humble remonstrance against ship-money p. , , . b spelman . concil . . a cooks d . report , the bishop of winchesters case . summa angelica . tit. decima . a for which there is suffient allowance given in case of mere heath and baren grounds by the stat. or e. . c. . b see augustine , serm. . mal. . , , , . a cottoni ●osthuma , p. , . the acts of resumption , h. . , . e. . . r. . . h. . h. . , . h. . . h. . , . e. . a britan. p. , . purchas pilgrimage , p. . a tim. . . b sermo . . tom. . c causa . qu. . d decret . eccles . gall. l. . t●● . c. . ● ▪ a suidas in leone . b a thing formerly proposed by them in their agreement of the people , presented to the commons house , jan. . . p. . a deut. . , . neh. . , . chro. . , , , , . purchase pilgrimage . l. . c. . p. , . object . a this objection i finde recited in the council of lingon anno . & there answered . bochellus decret . eccles . gall. p. . answ . a see the levelers new printed paper intituled , englands fundamentall laws and liberties claimed , &c. and many petitions of late . b see all acts for tonnage poundage and impositions , mr. hackwels argument against impositions , cooks . instit . p. , , to . b mal. . , , , . see augustine sermo . . a gul. malmesburiensis , de gestis regum angl. l. . c. . juocus chron. in carolo simplici . cent. magd. . c. . & . dr. tillesly in his animadversions on mr. seldens history of tithes , p. , to . b tom. . p. . c review , p. . a extravag . de decimis , c. . joannes sarisbur . de nugis curialium , l. . c. . mr. seldens history of tithes , c. . p. , . b cannes d . voyce from the temple , p. , &c. c pet. . , . d rev. . . a gal. . . cor. . , , . b gen. . . hebr. . , , &c. c chron. . , , . a herodotus , l. . c. . valerius maximus , l. . c. . diodorus , an. . olymp. . dr. vsher annales veteris testamenti , p. . b see holinshed , speed , and others . , & r. . mr. st. johns speech against the shipmony-judges . a gul. malmesburi . de gestis regum , l. . c. . vita eucherii apud surium , tom. . . f. gratian , caus . . qu. . edit . gregoriana . flodourdus rhem. hist . l. . c. . juonis chron. mr. seldens history of tithes , p. . . dr. tillesley , p. . * mat. 〈…〉 flores 〈…〉 an. . ● . . * bibliotheca patrum , tom. . pars . p. , . a aventinus , annal. boyorum , l. . p. . centur. magd. . c. , & . goldastus constit . imp. tom. . p. . dr. tillesley animadversions on mr. selden , p. , to . a exact collection . p. , , , , , , , . a collection , p. , , , , , , , , , , , , , , . appendix p. . and elsewhere . a luke . . a ambros . orat. in julianum , & grotius de jure belli , p. , . b grotius de jure belli , l. . c. . sect . . p. , , . crantzius saxonitorum , l. . c. . a exttavag . de decimis , c. mr. seldens history p. , . b see the book of judges , kings , chron. maccabes , josephus , paul eber and others . c antiqu. ecclesiae brit. p. , to , , , , . thomas walsingham . hist angl p. . see the acts for the clergies subsidies in all our kings reigns , granted only by themselves in convocation . d xenophon helien l. . mountague diatriba p. , . e lib. . epist . . f in his exposition on thess . . p. . a thess . . b see dr. abbot , dr. beard , dr. squire of antichrist , and dr. sclater on that place . c luke . . d luke . , to . b matth. c. , & , & . mar. , & . luk. , . john , & . a acts . , to . b acts . , , , &c. c. . , &c. c. . , &c. to . c. , & . c matth. . . luk. , . d tim. . . e hebr. . . a rev. . . pet. . , . a see col. prides beacon quenched . a titus , . . b pet. . , . acts . . c thess . . a mat. . . b eutropius , grimston in his life , theodoret , nicephorus , l. . c. , , , , , , . mr. fox , baronius , spondanus , and others . centur. magd. . c. , . col. , to , , . nazianzen orat. . in julianum , ambros . epist . l. . ep. . zozomen l. . c. . rushamus , l. . c. . c eusebius , eccles . hist . l. . c. . l. . c. . eutropius , and grimston in his life . fox acts and monuments , vol. . p. . bishop jewels sermons , p. d see eusebius in vita constantini : bacons advancement of learning : mr. edward waterhouse his apology for learning and learned men . a asser menevensis in his life , camdens britannia : oxford universitie and cambridge . b suidas in leone . c charion . chron. l. . alexander severus . note b hoveden , annal. pars post . p. . mr. selde● , ad eadmerum notae , p. . * see peter martyr , in lib. . regum commen● . c. . p. . a see mr. seldens history of tithes . * see john cannes voyce p. . mr. edwards gangrenaes , and lillyes ephemeris , . a quid nor mortalia pec●ora cogit auri sacra . fames . a in my fresh discovery of new lights . b rev. . . c is this christian gospel charity consistent with mat. . , to . c. . , . rom. . , , , , . c. . , , , . ephes . . . cor. . , , , &c. john . , to . c. . . , . c. . , . a sleiden● commentaries , l. , & . see my sword of christian magistracy supported , p. , , &c. b see speeds history of great bri●ain , stow , holmshed , and the survey of london . a speeds history of great britain . the arraignment of traytors , jac. c. , , , . a h●story of tithes , p. , , , , to , ● , . b de nugis cu●ialium , l. . c. . a ms. and dr. tillesley his anmadversions upon mr. seldens preface . animadv . . d mat. ● . , to . a since the army-officers in . declared in print against ministers tithes ; these prognosticators guided by these all-ruling martial earthly planets , not the heavenly stars , have predicted their downfall every year , but not before . a for the year . b since that in , and . he continues in the same strain . a matth. . . b rev. . . iohn . , . c epistle to the reader , p. . and astrological discourse in it towards the end . a in the epistle , astrological predictions , and monthly observations . a epistle to the reader in his ephemeris , , and . a cap. , & ● . worthy our most setious perusal . b ibid. p. , , , , , . which art lilly much promotes . see his ephemeris , , . a surius concil . tom. . p. . b a manifestation of the folly and bad spirit of certain in england calling themselves secular priests , p. . c rastals abridgement of statutes , tit. durham . a see watsons quod●ibets , p. , , . parsons his manifestation , fol. . william watsons reply to parsons libel , fol. . a the impropriations held by them were much more than the d. part of all the parish churches of england divided into parts , and of greater value than the other parts in priests and ministers hands . a page , to , , . a in. lib. regum c. . f. . b see . & . phil. & mar. c. . mar. sess . . c. . fox acts and monuments vol. . b gratian caus . . qu. , & . c see r. . rot . parl. n. . h. n. , , . h. . n , , . h. . n. . h. . n. . h. . n. . ● edw. . ● . n. . . . n. . h. . c. . h. . c. . with those resumptions in former ages , recorded in daniels history and others . d see canterburies doom , n. , , &c. b the levellers late printed fundamental lawes and liberties . n. , , , . a speeds hist . p. , &c. , , , . sleidens comment . l. . c. . b tim. . . eccles . . . a see nicephorus eccles . hist . l. . gent. magd. . c. . . b amos . . c ante haec s●c existimatum est , speciosa struere sapientum esse , & civilis vitae scientium ; structa demolire , stultorum & vecordis animi signa ad posteros transmittere , non erubescentiam : procopius gothico●ii . l. . grotius de jure belli . p. . d de beneficiis p. . e gratian caus . . qu. . summa angelica & rosella , tit. sacrilegium . f fredericus lindebrogus codex legū antiquarum . p. , a fredericus lindebrogus codex legum antiquarum p. , . b fredericus lindebrogus ibid. p. , . bochellus decret . eccles . gal. l. . tit. . p. . a sr. james semple sacrilege sacred●y handled . sir henry spelman de non temerandis ecclesiis . mr. seldens review . dr. sclaters ministers portion . summa angelica , rosella & tho. zerula tit. sacrilegium : with many more . b see we is presidents , indictments and offences . sect , . p. , . e. . c. c articuli cleri . e. . c. . object . d grotius de jure belli . l. . c. . answ . e exact collection p. . . f exact collection p. . a purchas pilgrimage l. c. , . heylins microcosm p. , , , , , . b lipsius de triumphis , heylins cosmography and others . a hoveden annal pars posterior p. , to . math. paris hist . angl. p. . ** see sr. john davis reports f. , , . a page , . hoveden annal . pars posterior , p. , , &c. b de jure belli . l. . c. . sect . , , . & annotata , p. , , . (a) pet. . . notes for div a -e * descriptio daniae , . p. . historia compendiosa daniae p. , . saxogrammaticus , pontanus and others in the life of canutus and olavus . notes for div a -e * jude . an apology of the treatise de non temerandis ecclesiis against a treatie by an unknowne authour, written against it in some particulars / by sir henry spelman knight ; also his epistle to richard carew esquire, of anthony in cornwall concerning tithes. spelman, henry, sir, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) an apology of the treatise de non temerandis ecclesiis against a treatie by an unknowne authour, written against it in some particulars / by sir henry spelman knight ; also his epistle to richard carew esquire, of anthony in cornwall concerning tithes. spelman, henry, sir, ?- . [ ], p. printed by j.l. for philemon stephens, and are to be sold at his shop ..., london : . reproduction of original in the university of illinois (urbana-champaign campus). library. eng spelman, henry, -- sir, ?- . -- de non temerandis ecclesiis. carew, richard, - . church of england -- finance. tithes -- great britain. a r (wing s ). civilwar no an apology of the treatise de non temerandis ecclesiis. against a treatise by an unknowne authour, written against it in some particulars. b spelman, henry, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an apology of the treatise de non temerandis ecclesiis . against a treatise by an unknowne authour , written against it in some particulars . by sir henry spelman , knight . also his epistle to richard carew esquire , of anthony in cornwall concerning tithes . london , printed by j. l. for philemon stephens , and are to be sold at his shop in pauls church-yard , at the signe of the gilded lion . . to the reader . the first treatise , de non temerandis ecclesijs , being published above thirty years agoe , there wanted not the approbation of the best and most religious men in behalfe therof : neither also wanted there one of a contrary humour , to oppose something : which though it be in such weak manner , as deserved not any just answer from so eminent a person , yet it pleased the learned knight , out of his care to instruct him and others , to shew the weaknesse of his reasons : and that not onely in this apology , but also in a more serious worke , his learned glossary , so much commended , and desired to be finished , by great princes and chiefe men , both at home and in forraign parts . the passage shall be here inserted for a more full testimony of the authors judgement , and of the weaknesse of the adversaries reasons . excerptum ê glossario domini spelmanni pag. . in voce ecclesia . ecclesia ] pro templo , seu domo , qua fideles conveniunt , ritus divinos celebraturi . lippis & tonsoribus notum ; adducor tamen ut asseram , quod sciolus quidam libellum nostrum de non temerandis ecclesijs , pro marte suo impetens , graviter mihi imponit , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ecclesijs dixisse hac significatione . nec patitur vir bonus ut easdem , aedes appellarem sacras : ludibrio enim habet ejusmodi epitheton , locis vel aedibus attributum . carpsisset aequiùs , si ignot is ei vocabulis , basilicis , dominicis , titulis , curiacis , martyrijs vel similibus usus fuissem . sed doctrinam hominis & farinam videris . occurrit {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} apud graecos veteres , ut curia , & senatus apud romanos , non solùm pro caetu & congregatione , sed etiam pro loco in quem convenitur , ut ipsa lexica testantur . lucianus , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , i. e. ubi ecclesiam ( scil. curiam in qua consultant ) undique stravero . perhibetur & apostolus , secundum plures interpretes , antiquos , medios , recentiores , hoc sensu dixisse . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ecclesiam dei contemnitis . liquide synodus laodicena , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . i. e. in sanctissima ecclesia sanctissimae martyris euphemiae . tertull. lib. de fuga in persecut . sec. . conveniunt in ecclesiam : confugiunt in ecclesiam . augustin . epist. . quando ergo simul estis in ecclesia , & ubicunque viri sunt , invicem & pudicitiam custodite . hieronymus in esaiam cap. . videmus caesares , — aedificare ecclesias expensis publicis . & epist. . alij aedificent ecclesias , vestient parietes marmorum crustis , columnarum moles advehant , earumque deaurent capita , &c. fastidit in re tam nota olei tantum perdere ; clarum est ecclesiam idem esse christianis , quod synagogam judaeis ; & augustinum habes in eandem sententiam in psalm . . unde & priscus quidam . nobis ecclesia datur , hebraeis synagoga . plura si cupias , numerosa habeas exemplain burchardi decretorum . lib. . qui de ecclesijs , inscribitur . besides also not to conceale the doubts and apprehensions of wiser and more learned men upon the argument , there was also a gentleman of eminent quality and learning , mr. richard carew of anthony in cornwall who was not satisfied in all points , with this treatise of sir henry , whereupon he wrote his doubts in some particulars unto him ; submitting much to his judgement . vnto whom for satisfaction , sir henry wrote a very pious epistle which shall here follow after the apology for satisfaction to the better sort , who sometime stumble out of private interest , or passion , as well as inferiour men . hoping that such will be easily corrected in their opinion as mr. carew was , being a gentleman ennobled no lesse in regard of his parentage and descent , then for his vertue and learning , as cambden testifieth of him in his britannia . * the apology . this apologye cleareth some passages , as , . touching the word ecclesia , which signisies either a materiall church , or the congregation of the people assembled . . an explication of the text of esa. . . my house shall be called the house of prayer . . the place of the apostle , cor. . . despise ye the church of god ? . the exposition of the . psalm . against such as destroy churches , and the maintenance of them , and the ministers . . the number of churches spoild among us . coming to my worthy friend sir ralph hare , and lying a while idle there , i thought that idle time fittest for some idle worke , and disposed my selfe therefore to give some answer to such passages of this treatise , as the author at his pleasure hath very idly if not maliciously taxed me in . but being far from my books , and having not so much as that treatise of his by me , or any note out of it , i shall no doubt forget , mistake , omit , and misplace many things . wherein ( good reader ) i must entreat thy patience and favour . it being brought unto me , i ranne over divers leaves thereof , wherein i met multa verba , nulla verbera ; but judging therefore the author by his worke , i thought neither of them worth the answering : himselfe , as it seemeth , some rude naball delighting in contentions and uncivill speech : wherein i will not contend with him , onely i will consider of his reasons , though indeed they are such as will shew him to be a weake adversarie qui strepit magis quàm sauciat . and therefore though i sit safe out of his dint , yet will i let the reader see , how vainely he bestoweth his shot , and how farre from the marke . as for the parts of my booke wherein i labour as he saith , to prove tithes to be due jure divino , and his answers thereto , my purpose is not here to medle with them , for that they require a more spacious discourse then either that volume admitted , or i now meane to enter into , it being not a private question , betweene him and me , but long controverted by greater clerks ) and left to this day as questionem vexatam non judicatam . the truth is , the course of my argument lead me upon it , and i therefore produced some arguments tending to the maintenance thereof , but referring the point unto a greater work , and forbearing to declare my selfe therein , without ample and more laborious examination of so great a controversie : leaving therefore that as a generall cause , whereof he may perhaps have more another time , i will here wage my selfe against him onely in those things , wherein he chargeth me particularly in my owne person ; and passing over amongst them such snatches of his , as scarcely ruffle the haire , i will onely meddle with those parts , where he thinketh he biteth deepest . first , he quarrelleth with me about the title of my booke , in that i use the word ecclesia for a materiall church , or ( as in contempt he termeth it ) a * stone-house : affirming in his learning , that it signifieth onely the congregation : which assertion if he could make good , would give him a great hand in the cause , for that much of his argument following lieth very heavily upon this pin . surely if i guesse right some dictionary hath deceived him , for perhaps his reading reacheth not so far , as to resolve him herein : but if two thousand authorities be sufficient to defend me withall , i speak it without hyperbole , i assure my selfe i could produce them . who knoweth not how ordinary a thing it is , to have one word signifie both the persons , and the place : as civitas , the citizens , or towne ; collegium ▪ the society or house ; senatus , the senators , or senate house ; synagoga , the assembly , or place of assembly . i am sure he will confesse , that where it is said , he loveth our nation and hath built us a synagogue : it is not there meant of the persons , he built them a congregation , but of the place . a synagogue , and ecclesia , signifie both one and the same thing , the congregation , or place of congregation ; in which sense we christians notwithstanding use onely the word ecclesia , for our congregations , and houses of prayer , for that the jews had taken up the other word , for their oratories , according to an old verse : nobis ecclesia datur , hebraeis synagoga . and in this manner was the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} used amongst the greeks before the christians borrowed it from them , as it appeareth by some of your lexicons , where it is said , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , caetus , concilium , congregatio , &c. ponitur etiam pro loco ipso in quem convenitur . lucianus , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . i.e. ubi curiam ( in qua consultant ) undique stravero . and that the church hath ever since used it in the same sort shall by and by appeare , when we come to insist more particularly upon this point . faine would i know what himselfe would call one of our stone-churches , in latine . templum , savours of judaisme ▪ and if i should have used a word of the ancient fathers , and said , de non temerandis basilicis , curiacis , or dominicis , it may be i should have driven him to his dictionary , and yet left him pusled . i thought fanum too prophane a word , but he perhaps would think it so much the fitter ; for a church , and a play-house seem a like to him . another of his quarrels is that i apply the place of isaiah the prophet , cap. . . my house shall be called an house of prayer , locally to places of prayer , whereas he saith , it was spoken figuratively of the congregation of the faithfull . i exclude not that sense , but i assure my selfe our saviour christ , when he whipt the sellers out of the temple , not out of the congregation , applied this scripture to the very place of prayer : and it is questionlesse that the old and late classicke writers so expound it . some quotations here were intended out of ancient and moderne authors , which though i could easily supply , yet being loth to adde any thing to the originall copie , i leave it to the learned reader to consult the commentators , which is easily done . againe it much offends him , that i interpret the words of saint paul cor. . . despise ye the church of god ? as spoken of the materiall place , which after his manner he will also have to be onely understood of the congregation ; and had the word ecclesia no other signification , then doubtlesse he had obtained the cause . but obserue i pray , what i have formerly said touching that point , and then take into your consideration , the words of the apostle as they lye in that chapter . first in the . verse he saith , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} quando convenisti in ecclesia . for these be the very words , and how we shall english them is the question . whether when ye come together in the congregation , that is , in the assembly ; or when ye come together in the church , that is , in the place of the assembly . i confesse the words indefinitely spoken may beare either interpretation , and i condemne neither of them in this place . yet let us see which is more probable , or at least whether my trespasse deserves his reprehension . the apostle continuing his speech upon the same subject , in the . vers. goeth on thus : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : as if he should say , convenientibus igitur vobis in eodem ; leaving {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in eodem , spoken neutrally , and as it were , to be applied either to the assembly , or the place ; which to put it out of doubt , beza , and our english geneva translation doe adde the word , locus , a place , in a different letter , to declare the meaning of the apostle and read it accordingly : when you come together therefore into one place . so that now it is determined how the word ecclesia , or church , in the . vers. before going is to be expounded : and then joyne the words subsequent unto it , wherein the apostle complaineth of the abusing that thing , which before he spake of , and in reprehension of the abuse committed therein by eating and drinking ; he saith vers. . have ye not houses to eate , and to drink in ? or , despise ye the church of god ? where the very antithesis of houses , to eate and drink in , with the church of god doe still pursue the precedent interpretation of ecclesia for the place of assembly : as if distinguishing betweene places and not persons , he should have said , your houses are the places to eate and drink in , but the church is the place of prayer : otherwise he might perhaps have said , have ye not other meetings to eate and drinke at , but despise ye this holy meeting ? and i thinke it not without speciall providence , that the translators therefore did translate here , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ? an ecclesiam dei contemniti ? despise ye the church of god ? not despise ye the congregation of god ? for the word chyrche , coming of the german word kirken , and that of the greek word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifieth dominicum , or the lords house , & was in ancient times , as eusebius and nicephorus witnesse , the common name of materiall churches , doth to this day properly signifie the same : and we doe never use it for a particular congregation , but either generally for the body or society of the faithfull through a whole kingdome , or common wealth ; or particularly for the very place of prayer onely . this foundation being now laid upon the words of the apostle himselfe , let us see how it hath been since understood by the fathers , and doctors of the church , as well ancient as moderne . hieroms opinion appeareth already in my booke , and chrysostomes you shall heare anon . but this man despiseth the first , and therefore i am sure he will account as lightly of the second . a senate of fathers moves him not an haire : a right monothelite , he opposeth his owne onely will against them all . yet to satisfie some others , whose eares perhaps may be better in tune , i will cite one who for humblenesse of spirit , integritie of life , and admirable learning for the time he lived in , hath ever since been venerable throughout the world ; and no forreigner but our countreyman bede , who upon these words numquid domos non habetis ? — an ecclesiam dei contemnitis ? ecclesia ( saith he ) homines sunt de quibus dicitur ut exhiberet sibi gloriosam ecclesiam , hoc tamen vocari etiam ipsam domum orationum , idem apostolus testis est , vbi ait , numquid domos non habetis ad manducandum & bibendum ? an ecclesiam dei contemnitis ? & hoc quotidianus usus loquendi obtinuit , ut in ecclesiam prodire , ad ecclesiam confugere , non dicatur nisi qui ad locum ipsum , parietesque prodierit , vel confugerit , quibus ecclesiae congregatio continetur . but he will say that all this old wine savours of the caske , therefore we will spend no more time in broaching of it . taste of the new . peter martyr upon the place . quando convenitis ] potest ( saith he ) hoc referri ad locum qui unus omnes continebat , ita ut notetur corporalis conjunctio , &c. and then , an ecclesiam dei contemnitis ? potest accipi ecclesia ( saith he ) pro caetu saecro , vel ▪ pro loco quo fideles conveniunt , &c. si vero de loco intellexeris ( ut chrysostomus videtur sentire ) docemur contaminari locum ex abusu . vnde augustinus dicebat , in oratorio nemo aliquid agat nisi ad quod factum est , vnde & nomen recepit ; ad alia munera obeunda plateas & domus habemus . and complaining of abusing of churches he goeth on : at nunc templa deambulationibus , fabulis & omnibus negotiis prophanis toto die patent c. hristus flagello parato ex funiculis , ejectis ementibus , & vendentibus , templum dei repurgavit : and goeth still on in this manner much further . marlorat also a common and good friend to our preachers being well pleased with this exposition and invective of peter martyr , translateth it verbatim into his owne commentary upon this place ; and thereby delivereth it also to the world as his owne opinion . but come we now to that part of my booke which puts him most out of patience above all the rest , my application of the . psalme to such as destroy churches , and bereave them of their maintenance . this he saith , fitteth my matter as an elephants skin doth a gnat , yea it hath no cohaerency therewith either figuratively , allegoricall , or anagogicall . to retort his scoffe i might say , it seemeth , an elephant of absurdity to the gnat of his learning : but i desire rather to satisfie him ( si malitia non mutaverit intellectum ) then to disgrace him . it cannot be denied if there be a correspondency betweene the body of our church and common wealth , with the body of the church and common wealth of the jewes , the same must also hold proportionably amongst the members thereof , and in consequence that the passages of state , of government , of peace , warre , liberty , oppression , prosperity , adversity , and other occurrents either active or passive , must hold some aspect and analogy , one unto the other . and then also that whatsoever is denounced against the enemies of the one , trencheth comparatively against the enemies of the other . come then unto the matter . the prophet inveigheth against them that seeke to spoile , oppresse , or disturbe the church of god seated in india ; be it openly by war , or secretly by some stratagem of wit : doth not this thwart them also that attempt the like in our church ? yes , saith he , against them of the king of spaines armado in . and those of the powder treason , wherein the universall desolation both of the king and kingdome , church and common-wealth were not onely projected , but attempted by our enemies . but shew me , will he say , what hath the appropriating of a pelting parsonage , or the pulling downe of a stone-house , which you call a church , is unto this ? for the one is an elephant , the other but a gnatt . i answer . eadem est ratio partium quae est totius . and out of this reason and analogy our saviour christ argueth him that casteth but a lascivious looke to be guilty of the great commandement , non maechaberis , as well as him that committed the very heinous act it selfe : and then also that whatsoever the prophet denounceth against them that spoile the church in generall , the same descends upon every particular man , that spoileth the same in any particular part : as , omne genus praedicatur de omnibus & singulis suis speciebus etiam insimis & individuis . now that the taking up of these parsonages and defacing of places of publike prayer is a spoile of the church of god , appeareth in this , that the meanes and maintenance of the seruice of god , and of his ministers is thereby diminished , and destroyed , which subtraction of maintenance from the minister , god in malachi . . declareth to be a spoyling of himselfe , for that his seruice is thereby hindred , and his church impaired . and although this man affirmeth , that although there were never a stone-church or minister in the kingdome , yet the church , and service of god might stand well enough , for that every mans family is a church , and every master thereof tyed to instruct his servants , every father his children : yet by example of the church in the time of the apostles , we ought to have places of publicke prayer , and some to instruct these masters and fathers ; for the husbandman , the artisan , the day-labourer , are not commanded to neglect their vocation and turne preachers , as too many now adayes do . and though perhaps some such good men out of their devotion would preach now and then to instruct their brethren , yet who shall do it ordinarily , and where shall the assembly be entertained ; for every town hath not a guild-hall , a sessions-house , a cock-pit , or a play-house fit for such a multitude . and though they may , as he saith , serve god abroad with paul ; in a dungeon with ieremy , or on a muckhill with iob , yet heat or cold , wet or wind will hinder them at one time or other : so that doubtlesse it were very necessary to have a man , and a place publickly appointed for the service of god in every congregation . and then since this man cannot perform his office without maintenance , and such a place as we speake of , the taking of them away puts him from doing his duty , deprives his parishioners of their instruction , and then by consequence spoyles the church of god ; and so the curse of the psalme lyeth justly against them . but let us now take a view of the gnat he speaketh of , and which he contemneth so much in respect of the smalnesse thereof . had there been but three or foure of these livings taken from the church , his fancy might have had the more colour , to use such fond applications : but if it cometh to three or foure hundred , it groweth now beyond the size of a gnat , what shall we then say of . livings , or appropriate parsonages , thus taken from the church , which is more by . then the halfe of all those that remaine , and within . as many as them all : for the churches not appropriate are but . through all england and wales . so that the parishes of the churches appropriate containe neare about the one halfe of the kingdome , which is more , if hierome in his epistle to dardanus ( as i take it ) deceive me not , then twice so much as all the land of iudea , though we reckon the kingdome of israel into it , but many times more then the kingdome of iudea , which conteined but the two tribes onely that stucke to god ; and of whose times this psalme seemeth to be a prophecie . and thus ye see both the gnat and the elephant that he speaketh of , though i mean not to propose them to you by way of comparison , but discover his intemperance or want of judgement . but to support his credit with a broken prop , it may be he will say , that upon the appropriating these churches and transferring of them to the king , there was a provision left in most of the parishes for a vicar , or curate to do divine service there , and that nothing was taken from them but superfluity : so to keepe them in diet , and bridle their immoderate luxurie , which he proclaimeth to be so exorbitant as scarcely all england , and virginia to boot , can satisfie . lord blesse us ! is it possible that our church-men should become so monstrous ? or hath shimei thus railed against the body of them without his perill ? i hope much better of their temperance , then of his tongue : but i leave them to make their own apology , for i have digressed beyond my purpose , and therefore will spend no time in discoursing upon the provision made for vicars and curates in these churches appropriate . he seemeth to be of micahs mind , that ten shekels , or a matter of foure nobles a year , besides diet and a suite of apparell is a faire maintenance for one of our ministers . in which point i have else-where declared my selfe at large , and will not therefore here insist upon it ; onely this i would know of him , what surplusage , or superfluity there could be to give unto the king , or take from the church , when besides the maintenance of the ministers , much was to be disposed by them in relieving the poore , and other pious uses . henricus spelmannus richardo suo careo viro praestanti sal. p. d. mansuetudinis tu● prorsus est ( vir eximie ) ut hominem me parui , & ignotum , tanta benevolentia amplecterere . quanquam enim secundum honorum vocabula quae fastus mundanus jam obtinuit , equestris dignitas major sit armigera ; in multis tamēspelmannus minor est careo . nec me certe pudet hoc liberiùs profiteri , cum magnus ipse sic edocuit augustinus ; & episcopus licet , presbytero cessit hieronymo . placent equidem & literae tuae , & tua omnia ; placent seria , placent joci , in nomine verò meo quae egregia benignitate lusisti non possum in tuo ( multò illustriori ) retribuere . palmam igitur cedo , & quod graecis olim , in caria sua gente admirati sunt , nos in carea nostra gente agnoscimus : ingenium splendidum , bellarumque intentionum faecundissimum . deus bone ! quantum in nomine , & ominis & numinis ? cariae gentes ( inquit herodotus in clione ) omnium quae illis temporibus claruerunt ingeniosissimae erant . an fatale hoc careo nomini ? etiam in alio orbe , & post tot saecula ? quin & seni ? non equidem invideo , miror magis : sed quem laudas authorem ? an non deus hanc tibi prae caeteris copiam fecit ? nec sola haec sed concomitantia multa ●largitus est . quidi ergo respondit simon , ( luc. . . ) interroganti domino , quis plus diliget , nonne is , inquit , cui plus donavit ? recte . nosti quae volo . si divina clementia tantas tibi ▪ indulserit benignitate● ▪ perponde sedulò , quantis tu amoris , muneris & obsequii vinculis tenearis . bona haec omnia in te congessit bonus hic dominus , animi , corporis , fortunae : tune in ipsius familiam hostis accingeris ? quin & ab ecclesia sua praedam referes ? o utinam fortis in re meliore fuisses . sed in hoste probitatem agnosco ; video enim vacillantem te quasi , & de militia ista dubie cogitantem . laudo . at ●anum illud consilium amplectere , quod omnium judicio probatissimum habetur , è dubiis certius tene , nec periculis caput objicias : hoc est , omnino te non immisceas rebus sacris & deo dicatis , hoc porro tutissimum . vides rem non leviter litigatam à doctissimis : vides patres , concilia , omnemque theologorum scholam , graviter hos insectari , qui in res ecclesiae utcunque involaverunt . esto quod de decimis dissentiant , an sint de jure divino ? in isto tamen non consentire solùm , sed & conjurasse plane omnes videatur , deo dicata surripi non posse in exitium ecclesiae . quid autem est ecclesiam excindere si hoc non sit ? panem tollere ministrorum , quin & sine noxa ? at ecclesiam ( aies ) in hoc connivisse ; episcopos conspirasse ; parliamentaria ipsa comitia herculano nodo rem conclusisse , & sanxisse ? sanxisse dicam ? imo deum testor quaenam sit sanctitas in ista sanctione . sed de re summa , summa cum humilitate . nosti quàm lenis sit ecclesia , tunicam subtracturo , pallium etiam dimisit . mat. . num auferre igitur haec liceat innocenti ? dicant corvi . in eo autem cum salutis spem omnem sacramque ipsam posuisti anchoram ; id tandem revolvas animo , quinam hi essent episcopi , & quoti ? valerentne suis suffragiis procerum laicorum multitudini ( qui spe haec omnia devoraverant ) repugnasse ? taceo technas , dolum , insidias , quae in tranfigendo negotio forte non defuerant . sed esto ecclesiam laeta fronte haec omnia concessisse ; certe eatenus cum baronio ( ascanio cardinali respondente ) in sententiam ivero , ecclesiam nihil posse in se statuere , hoc est , in suam perniciem . idem enim est & se abnuere , & ministros suos non alere . nam in primis catalysis illius legibus , nihil statutum est de ministrorum alimonio : mel abripitur , sed nec loculi relinquuntur , nec alveus . etiam ejiciuntur tam apes , quàm fuci , nulla omnino habita examinis ratione . hoc justum dixeris ? concilio certe tum lapsum est , quod in caeteras itemque regni ecclesias non grassatum sit . quid enim emeruit ecclesia petri , ut suis juribus potius privaretur quàm pauli ? quid ecclesia unius populi magis quam aletrius ? à neutris enim peccatum est . ecce aenigmatis solutionem . viatorem duplicem furibus eripuimus ; liberum hunc adhuc , sed illum vinctum : de utroque statuimus ( misericordes ) ut invenimus . emancipatur liber , perpetuo carceri addictus est vinctus . sic cine nos edocuit ( luc. . ) samaritanus ? sic fidem nostram apud deum tuemur ? jurarunt sane hi omnes , jurarunt , inquam , nostri majores , reges , proceres , parliamentariae ipsae celebritates , hoc est , regnum integrum , omnisque populus , non suo solum sed & nostro , & nepotum nostrorum nomine , interpositis etiam horrendis execrationibus nulla se un ▪ quam temporum aeternitate , haec ecclesiae surrepturos . quis obsecro nos liberos faciet ab his vinculis ? quis audax orator causam hanc apud deum aget ? an ●locci pendeas ? cave ne fidem , quam apud me splendidam habes illico labefactes . si beati rechabitae , qui nuda ipsa patris sui mandata observaverunt , an non maledicti nos , qui non singularis unius , non privati cujusdam parentis mandata contemnimus ? sed quos dixi ●●orum omnium fides sanctione● vot● , iurament●a , per 〈◊〉 quasi improbitate per fringimus , vi●amus , mandataqu●ne potibus anathemata , in singulorum capita tanquam ex desiderio per●ra●imus , cum refractariis judaeis dicontes , super no● sint , & natos nostros . vereor insa●os nos ( u●i judaeos ) non discernere quae ex his nobis proveniunt cal●●itates ▪ deum enim p●●emus nec mortalium curare vota , sed nec perfidiam : quid si lex una repentina , ter dena concilia , senatus-consulta totidem , omnium patr●● dedreta , una explosione disruperit ? adeone in ea sic inhaerendum est ut ne in judicium , ne in examen vocetur ? non cogitabo equidem quod in tridentinum concilium solus ausus est & satis faeliciter chemnitius . sed iniquas leges peccanti faepe populo irrepere novum non est ▪ etiam in poenam alias à domino immissas esse , ut scriptum est , dabo ijs leges quae non sunt bonae . mihi autem videtur , cum de abolendis monasteriis cogitaret senatus ille consultus ( anno . henrici octavi ) nihil etiam tunc in animo habuisse de tollendis parochialium decimis praedijsve ; sed de his tantum egisse quae ipsis caenobiis inherebant : vel si quis id in cornu haberet faeni , latuisse hoc opinor sanctos patres qui concilio aderant : in illo enim actu ne verbum quidem de parochianis decimis nec de ecclesiis , praediisve parochialibus . sed nec de ipsis ( quas vocant ) appropriatis cum verò in vulgus jam exiisset actus ille parliamentarius , caeperintque omnia demoliri , & vi eripi , è jurisconsultorum prodiit interpretatione , ut praed● haec etiam in casses regios redigeretur . pardita ergo ea demum inter regni nobiles , necessariò tandem habitum est , ut subalternis legibus corroboraretur . sed quò me rapiet fili hujus deductio ? disium pendum certe est , ne ulterius trahar in labyrinthum . p●ture● incaepturus silentii veniam ( verbo uno aut altero ) à te exorasse ; quod in rus vocatum , itineris me cura jam sollicitat ; quandoquidem vero neque brevis est ( dum redeam ) via , sed nec tempus ; haec interea nobis excussit amor erga te noster fusiùs multo quàm cogitarem . academici autem nitoris nihil in nostris paginis disquiras , oportet . commune enim illud ( quod scribis ) mihi tecum est . cantabrigia ( miserum me ) mater exuit cum . aestates non salutaveram , trajectoque celerrime lincolniensi hospitio , in patrium solum adolescens revocor . gravibus hinc inde implicitus negotiis privatis , ( nec à publicis liber ) ter rapior in hiberniam . quod reliquum fuit vitae spatium , domi satis aerumnose exegi , denuò otii desiderio captus londinum tertio hinc anno veni : pace vero mihi videbar exoptatissimâ fruiturus , qua musarum limina ex voto delibarem . sed en ! nova in me rerum tempestas , nova litium moles , inopinatè proruit ; qua luctantem adhuc varieque agitatum , nescio quousque detinuerit . poetae autem illud teneo , — dabit deus his quoque finem . habes vitae nostrae compendium ; & ( quam vides ) magnam amoris effusionem donec aliis tuis ( per literas ) quaesitis respondero . sancte & faeliciter vale . londini , . septemb. . a treatise concerning impropriations of benefices , cum privilegio regali . the preface . to the king our most gracious sovereigne lord , francis bigod knight , his humble and true faithfull subiect , and daily oratour , wisheth daily augmentation and increase of grace and honour . i did not perfytly know ( most gracious , most christen , and most vyctorious prince ) how that amonge all other vertues , that the vertuous gyftes given by grace only , throughe the goodnes of almighty god , of the incomparable gyfte of gentlenes and humanite , did so habundantly , accumulately , and so manifestly possesse and reigne in your noble and princely hart , till that now it appeareth manifestly by your exterior noble acts and deedes ; for els undoubtedly i would not only have bin ashamed so to attempt rudely , foolishly , and rather presumptuously to trouble and disquiet such an imperyall majesty , with this my rude and barbarous writing , in the hinderance of your godly and spirituall studies , with which your highnes taketh such intollerable paine : as well to set forth the mere syncere and new glory of god , as also the establishment , quietnes , and unitie of this your christen comen welthe . but also in my owne conceit and opinion calling to remembrance my great and manifold insufficiency in learning , to write unto so mighty and famous a prince i should even by and by have disallowed mine owne behaviour in that behalfe , and judged my selfe worthy of blame ▪ but now considering most benigne soveraigne lord , how much all your subjects be imperpetually bound to laud , praise , and glorifie almighty god , to send unto us so christen a kinge to have rule and governance over us your subjects , by whose great and inestimable diligent labour , charge , study and paine , we be delivered from the hard , sharpe , and x. m. times more than judicyall captivity of that babylonicall man of rome to the sweet and soft service , yea rather liberty of the gospell . i can for my part no lesse do , then to present to your grace somthing thereby to declare how gladly i would give thankes to your highnes , for such proofs , as i among others have received by this said benefit in our deliverance which act is of it selfe so highly to the great peace , unyte and welth of this most noble empyre of england , that if there were non other cause but that only we were bound to and with all our diligence and industry to study , labour and devise how this benefit exceeding all other , might world without end be extolled , praised , and made immortall , and to receyte how much the furtherance of gods glory is by the same act set forth and advanced , my learning ne yet wytte will not serve me ▪ yet i dare boldly afferme , pondering and considering depely the effect and circumstance of this matter , this act is no lesse worthe then well worthy to be set in the booke of kings of the old testament , as a thing sounding to gods honour , as much as any other history therein conteyned . but what should i attempt or goe about to expresse the condigne and everlasting praises and thankes , which your majesty hath deserved of all your hole cominalt for the benefites before named , unlesse i would take in hand like an evill workeman which by reason of his unperfectnes in his science should utterly staine and deface the thing he would most earnestly and diligently shew and set forthe . i will therefore most excellent emperor of this realme , set all this aside , and shew to your grace the cause of my enterprise , for so much as i perceave that all your gracious proceedings are onely driven and conveyed to the most highe , just , and sincere honour of almighty god , the publique welth , and unity of all christendome , most especially of this your most noble realme of england , it hath animated and incouraged me according to the small talent of learning that the lord hath lent to me to put your grace in remembrance of the intollerable pestilence of impropriations of benefices to religious persons , ( as they will be called ) some to men , and some to women , which in mine opinion is a thing plainly repugnant to the most holy and blessed decrees and ordinances of almighty god , and highly to the extolling , supporting , and maintenance of the usurped power of the bishop of rome , as your majesty shall perceave in reading of this little treatise , which your grace not being offended , i shall ever , god willing , be able justly to defend , and also stop the mouthes of them , that shall say and abide by the contrary , and that not with mine owne words , but with authorities of holy scripture . and further i doe most humbly upon both my knees beseech your imperiall majesty , that unto such time , as this my little book be cleerly confuted by like holy scripture and authorities , as i have approved the same , that it may safely goe abroad under protection of your gracious and redoubted name . and for the prosperous preservation of your most royall estate , of your most noble and vertuous ▪ queene , of your deere daughter lady princesse , daughter and heire to you both , ( according to my most bound duty ) i shall daily pray , my life enduring . sir francis bigott knight of yorkshire wrote this treatise : whereof this preface i received from sir henry spelman , but the rest of the book , i could never yet finde , thoughe it be mentioned by severall authors , bale , hollinshead , and lately by sir richard baker in his history . it seemes to have bin written after the kings breach with the pope , his marriage with anne bolen , and the birth of queen elizabeth : as i conjecture by circumstances . his purpose was chiefly bent against the monasteries who had unjustly gotten so many parsonages into their possessions . it is much desired that if any man have the rest of the book , that he would please to communicate the copy , that hereafter , as occasion serves , it may be published compleatly , together with some other things of this argument , that the learned knight hath committed to my charge : but by reason of the present troubles i cannot now attend to prepare them for the presse . as for sir francis bigott himselfe , he was found afterwards active in the troubles of yorkshire , that happened in . h. . and being apprehended among others , was put to death , . h. . as our common chronicles doe report . baleus saith of him . franciscus bigott ex eboracensi patria auratus eques , homo natalium splendore nobilis , ac doctus , & evangelicae veritatis amator , scripsit contra clerum . — de impropriaribus . lib. . quosdam item latinos libros anglicanos reddidit , inter seditiosos tandem , anno domini , invite tamen eo , repertus , eadem cum illis indigna morte periit . to the right reverend fathers and brethren , the bishops and ministers of scotland . i have caused this little treatise ( right reverend and beloved in the lord jesus ) to be printed againe in north-britaine , for many causes : first , because i was informed , that there came forth , but a few copies at the first printing thereof in south-britaine : againe , i hope this doing will incite that worthy knight , the authour thereof , quicklier to send out the greater worke , which he promiseth of that same argument ; but principally to incite you , whom these matters most nearely doe concerne , to look into them more advisedly , then as yet ye have done : it was a private occasion , as that worshipfull gentleman sheweth , that led him to this writing : you have a publique , whereof it is pitty you are so little moved : who seeth not the state of the church of scotland as concerning the patrimony to go daily from worse to worse ? sacrilege and simony have so prevailed that it beginneth to be doubted of many , whether there be any such sinnes , forbidden by god , and condemned in his word ? neither can you deny the cause of this evill , for the most part to have flowed from your selves : your selling and making away of the church rights without any conscience , the buying and bartering of benifices , with your shamelesse and slavish courting of corrupt patrones , hath made the world thinke , that things ecclesiasticall are of the nature of temporall things , which may be done away at your pleasures : and where at the first it was meere worldlinesse that led men on those courses , now a great many to outface conscience , and delude all reproofes , they stand not to defend that lands , tithes , yea whatsoever belonged to the church in former ages , may lawfully be alienated by you , and possessed by seculars : which opinion must either be taken out of the mindes of men , or need you not looke to have these wicked facts in this kinde unreformed : to this end should all ecclesiasticall men labour to informe themselves , as well by the word as by the writings of ancients , and constitutions of councels , touching the right and lawfulnesse of ecclesiasticall things , that when they are perswaded themselves of the truth , they may the more effectualy teach others . there is no impiety against which it is more requisite you set your selves in this time : for besides the abounding of this sinne and the judgement of god upon the land for the same , who doth not foresee , in the continuance of this course the assured ruine and decay of true religion ? of all persecutions intended against the church the julian was ever held to be the most dangerous : for occidere presbyteros , is nothing so hurtfull , as occidere presbyterium . when men are taken away , there is yet hope , that others will be raised up in their places : but if the meanes of maintenance be taken away , there followeth the decay of the profession it selfe : men doe not apply themselves commonly to callings , for which no rewards are appointed ; and say that some have done it in our dayes , some out of zeale , and some out of heat of contention , yet in after-times it is not like to continue so ; neither let any man tell me , that a minister should have other ends proposed to him , then worldly maintenance . i know that to be truth , yet as our lord in the gospel , hoc etiam oportet facere , et illud non om●●ere . speaking of payment of tithes to the pharisees : it behoveth them , saith he , to be paid : if not , it is not to be expected , that men will follow the calling . to rest upon the benevolence of the people , as it is a beggarly thing , and not belonging to the dignity of the ministery , so the first maintainers of that conceit have found the charity of this kinde so cold , that they will not any more stand by their good-wills , to this allowance . therefore it lieth upon you to foresee the estate of your church , and either in this point of maintenance to provide that it may be competent and assured , else looke not for any thing but ignorance and basenesse , and all manner of mischiefes which flow from these , to invade the whole kingdome . how a competency may be provided , except by restoring the church to her rights , i doe not see ; and what this right is , if i should stand to define , and justifie it here , i should exceed the bounds of an epistle . many of this time have cleared the point sufficiently . and if any scruple be remaining , the worthy authour , i hope , will remove it in the greater worke we expect : whose judgement and dexterity in handling the argument , may be perceived by this his little pinnace . it should shame us of our calling to come behinde men of his place , elther in knowledge , or zeale . his example who is nothing obliged , to labour in these points , as you are , shall doe much , i trust , with you , for the time to come . should any look carefuller to the vineyard then the keepers ? or should any out-goe the servants of the house in diligence ? repent therefore and amend your owne negligence , in ●his behalfe , and call upon others for amendment , whilest you have time . thinke it not a light sin , to spoile gods inheritance ; and if we look for heaven , let us be faithfull to our lord here on earth . i beseech god to give us all wisdome , and keep us in minde of that strict account , that we must one day give for all our doings , and chiefly these which concerne the church , which is his body . amen . i thought good not to omit this epistle to the clergy of scotland , prefixed before this edition at edenborough , presently after the first impression here ; both because it proceeded from apious intent of the authour , who it seemes was very well affected , as also because he sheweth the concurrence and approbation of the best religious in that kingdome , where sacrilegious practises have invaded that church , more violently , since the dayes of reformation , and cleare light of the gospel , then ever was done in the darkest times of popery . rolloc a grave and learned divine of scotland hath ( besides master knox and others ) , in his commentary upon dan. . & . discovered his judgement against the sacrilegious practices of his time , and countreymen , reprehending them sharply , for taking to their owne use and profit , all that was pulled from the church : and doth severely cite them to answer it before the tribunall of god : which though they neglect and contemne , yet ( saith he ) they shall be made inexcusable thereby . master knox not long before his death , wrote to a generall assembly holden at sterling , . august . and his letter is among the records of that assembly , out of which it is also published , with many other records of parliaments , and assemblies there holden in the compasse of sixty years , in a declaration lately of the church of scotland . the mighty spirit of comfort , wisdome , and concord remaine with you : deare brethren , if ability of body would have suffered , i should not have troubled you , — &c. — but now brethren , because the daily decay of my naturall strength threatens unto me certaine and sudden departure from the misery of this life , of love and conscience i exhort you , yea in the feare of god , i charge and command you , that you take heed to your selves , and to the flock over the which god hath placed you pastours . to discourse of the behaviour of your selves i may not , but to command you to be faithfull to the flock , i dare not forget . unfaithfull traytours to the flock shall ye be before the lord jesus , if that with your consent , directly or indirectly ye suffer , unworthy men to be thrust into the ministery of the church , under what pretence that ever it be . remember the judge before whom ye must make an account , and resist that tyranny , as ye would avoid hell fire . this battell i grant will be hard , but the second part will be harder , that is , with the like uprightnesse and strength in god , ye gain-stand the mercilesse devourers of the patrimony of the church . if men will spoile , let them doe it to their owne perill and condemnation ; but communicate ye not with their sinnes of whatsoever state they be , neither by consent , nor yet by silence , but with publique protestation make this knowne to the world , that ye are innocent of such robberies , which will , ere it be long , provoke gods vengeance upon the committers thereof , whereof you will seeke redresse of god and man . god give you wisdome , strength and courage in so just a cause , and meane happy end . knox . saint andrews . . august . . an answer to a question of a gentleman of quality ( proposed to and made by a reverend and learned divine living in london ) concerning the settlement or abolition of tithes by the parliament , which caused him to doubt how to dispose of his sonne whom he had designed for the ministrey : wherein also are comprised some animadversions upon a late little pamphlet called , the countryes plea against tithes , discovering the ignorant mistakings of the authors of it , touching the maintenance of the ministery . sir , though it were high presumption for a private man , as i am , to presage what so wise a senate as the parliament will doe for the future , either in point of tithes , or any other affaire of so publike concernment , yet i hope i may , without reaching above my line , take upon me to tell you , that the ground of your doubt touching their alienation of tithes from the ministery , ( which i shall bring in its proper place ) is but such as will serve rather to beare up a transient suspicion or surmise of such a matter , then a settled assurance that it either is so already , or that hereafter it will be so . for the first , that it is not so , i am sure ; because , . they have passed an ordinance for the ministers recovery of tithes , and other ministeriall dues from such as doe detaine them , november . . which is still in force , through the influence of their power and favour . . they have made competent additions to very many livings out of impropriated tithes in the hands of delinquents ; and this they have done with so much cheerefulnesse , and beneficence on the ministers behalfe , by the committee for plundred ministers , that many have cause to blesse god for them as their great patrons , and benefactors for that manner of maintenance ; wherein they have done beyond and above any parliament that were before them , and they continue and persist in the making of such augmentations , as occasion is offered , to this very day . . they have given the repulse to divers petitions against tithes , which by the instinct and instigation of men of unsound principles and unquiet spirits have been put up unto them . for the second , that they will not take them away in time to come , i have these grounds , if not of infallible certainty , yet of very great probability . though they have resolved upon the sale of bishops lands and revenues , in their ordinance of november . . for that purpose , they have made an especiall exception with respect to the maintenance of ministers in these words , except parsonages appropriate , tithes , tithes appropriate , oblations , obventions , portions of tithes , parsonages , vicarages , churches , chappels , advowsons , donatives , nomination , rights of patronage and presentation . in excepting the right of patronage , they meane neither to leave it to the power of the people to choose what minister they please , ( and the practice of the honourable committee for plundred ministers sheweth the same , for they appoint and place ministers very often without the petitions of the people , and sometimes against them , as their wisedome seeth cause ; and if it were not so , many would choose such as deserved to be put out againe . ) nor to put the ministers upon the voluntary pensions , or contributions of the people for their subsistence , but assigne them under such a title what belongeth unto them by the laws of the land , viz. tithes , obventions , &c. which intimates their mind not onely for the present , but for the future . their wisedome well knoweth that the revenue of tithes as it is most ancient for the originall of it , and most generall in practice , both for times and places , so it hath the best warrant from the word of god ( not onely in the old testament , which none can deny , but in the new , which though it be denyed by some , is averred by others , as d. carleton , m. roberts , d. sclater , m. bagshaw , in their treatises of tithes , and yet unrefuted by any ) and from the laws of many christian states , especially from the statutes of our kingdome , whereof abundant evidence is given in the booke of the learned antiquary , sr henry spelman . . that notwithstanding all the authority that may be pleaded for them , the people are backward enough to pay to their ministers a competent maintenance ; and if tithes should be put down by the parliament , it would be very much adoe to bring them up any other way to any reasonable proportion of allowance for their support ; and so in most places the ministery would be reduced to extreame poverty , and that poverty would produce contempt of their calling , and that contempt atheisme . . that it is evident that such as make the loudest noyse against the tenure of tithes , are as opposite to the office and calling of ministers as to their maintenance ; and intend by their left-handed logicke ( because as the saying is , the benefit or benefice is allotted to the office ) to make way for the taking away of the ministery , by the taking away of tithes ; and not to wait the leisure of consequentiall operation , ( according to the craft of julian , who robbed the church of meanes , expecting the want of wages would in time bring after it a want of workmen ) but presently to beare down both , as relatives mutually inferre one another , as well by a negative as a positive inference ; and so as the parliament having put down the office of the prelacy , now makes sale of their lands , they , if they could prevaile for the discarding of tithes , would by the same argument ( clamour and slander ) presently and importunately presse for deposition of the ministery . and we see how they take upon them with equall confidence and diligence , not onely to write , but a publikely to dispute against them both . . that if rights , so firmely set upon so many solid foundations , should be supplanted , it would much weaken the tenure or title that any man hath to his lands , or goods , and would be a ready plea for rash innovators ; and the rather , because of the manner of the anabaptists proceedings , who began their claime of christian liberty with a b relaxation of tithes , and went on to take off the interdict or restraint in hunting , fishing , and fowling , wherein they would allow neither nobility , nor gentry , any more priviledge then the meanest peasant . and as their principles were loose ; so were their practices licentious , for they held a c community of goods , and equality of estates ; d whereupon the common people gave over their worke , and whatsoever they wanted they tooke from the rich even against their good wills ; so that it was a breach of their christian liberty , belike , to have a lock or a bolt on a doore , to keep a peculiar possession of any thing from them . and the liberty was more and more amplified , according to the fancies of their dreaming doctors , for their dreames were the oracles of their common people ; and every day they set forth their liberty in a new edition , corrupted and augmented , till all the partition walls of propriety were broken down ; and so not content to have other mens goods at their disposall , and to be quit from payment of rents , and debts , ( having made a monopoly of saintship to themselves ) they excommunicated all who were not of their faction both out of sacred society of the church , and out of common communion in the world as wicked and profane , and unworthy not onely of livelyhood but of life also ; and usurped a power to a depose prince and other civill magistrates , as they pretended they had commission to kill them , and to constitute new ones in their stead as they should thinke fit . b such seditious and sanguinary doctors , as luther called them , did satan stirre up under the pretext of euangelicall liberty ; a liberty which in them admitted of no bounds , being like the &c. oath without bankes , or bottome , of no rule or order , being carried on with a wild and giddy violence ; such as the great and pernicious impostor of the world prompted them unto , though they vented their diabolicall illusions under the title of divine revelations , as the prince of darknesse made them believe , when he put on his holy-day habit , the appearance of an angel of light . cor. . . . that the payment of tithes where there are the fruits of the earth , and increase of cattell , out of which they may be raised , is the most equitable way and meanes of maintaining the minister , since such a gaine is not onely harmelesse , and without sinne , for the manner of acquisition , ( which we cannot say of pensions and exhibitions made up out of trade or traffique ) but such as may be most permanent and constant , since whether the tithe be lesse or more , it is still proportionable to the other nine parts ; and if the yeares be plentifull , there is the more provision for house-keeping , if scarce , that part though lesse is the more in price and worth , either for use in kind , or for exchange for other commodities . whereas a rate in money which is competent in some places , and at some times , is incompetent in others , such is the change both of monies and necessaries bought with money . for money , the time was when an ounce of silver now at . s. was valued but at . d. so in the act of parliament in the third of edward the first , cokes instit. part . p. . when markes a year was enough honourably to maintaine a student at the innes of court . fortescue is his commentary on the lawes of england , c. . p. . and this was held so great a charge as was to be borne onely by the sonnes of noblemen , and therefore they onely , saith the same author , studyed the lawes in those innes , ibid. and of old the revenues fit for a knight was rated to . l. a yeare , of a baron to markes a year , and of an earle . l. a year : cokes instit. l. . c. . sect. . fol. . and lindwood in his provinciall constitutions notes upon the rate of a vicarage ( for such by the fraud and rapine of the superior popish cleargy a were many times deprived of tithes , and put to pensions ) that it was to be marks in england , but in some parts of wales they were content with lesse , afterwards their meanes was augmented to markes a year , but some would not be contented with lesse then marks a year ; and , indeed saith the glosse , markes was too little for hospitality , and other expences ; implying that markes was sufficient for all occasions . as for money , so for commodities to be bought with it , the prices have been very various ; in the b statute entituled assisa panis & cervisiae , made anno h. . and anno dom. . the dearest rate for a quarter of wheate ( which in the middle of the kingdome is a measure containing eight times four peckes , i render it by that proportion , because it is more genearally knowne ) was . s. the cheapest . s. so that betwixt these two extreames the ordinary rate might be about . s. the quarter . and for other provisions the rate set upon them in a dearth in the reigne of edward the second was this , for an oxe fatted with grasse fifteene shillings , for one fatted with corn twenty shillings ; the best cow twelve shillings , a fat hogge of two yeanes old three shillings ; a fat sheep shorne fourteen pence , with the fleece twenty pence ; a fat goose two pence halfepenny , a fat capon two pence halfepenny , a fat henne a peny , four pigeons a peny , so that whosoever sold above should forfeit their ware to the king . dan. hist. l. . p. . and i well remember that not very many yeares agoe there was a controversie brought before the commissioners of charitable uses in cheshire , wherein was discovered the cheapnesse of things in former times : the case was thus . there was a legacy of twenty markes given to the parish of wood-church in that county to buy oxen to till the ground of poore men , with which small summe at the time of the donation , ( about sevenscore yeares before ) were bought no fewer then twenty yoke of oxen ; which because the poore people were not able so to keep that they might be strong to labour , it was thought fit to sell them and to buy in their stead as many milch kine as the mony would reach unto , which were to be hired at a low rate to such as were not able to buy such cattell for themselves . but it is yet a cheaper price we read of in edward the first his dayes , when by stat. westm. an oxe was to be sold but at . s. so in the th yeare of edward the . cited in cokes instit. part . p. . how rates are raised in the present age ( whether by scarcity of things , or by the increase of people , or multiplication of coyne , or all ) is not unknowne to any , and too much experimentally by many whose portion is too penurious for their necessary expences . nor is this great difference of rates , either for money , or for goods , brought to passe on the sodaine , but raised by degrees ; so that if the rule of tithing should be laid down , the ministers wages must be changed , as jacobs was in labans service , many times over , which would be an intricate trouble to proportion according to severall variations of persons , and places ; to which inconvenience the maintenance by tithes is not obnoxious ; nor to any other , which may be compared with such as will hardly be separated ( if at all ) from the alienation of tithes . that if any innovation be made in this matter , and the people be displeased with it , ( as they will quickly be displeased with any thing which puts them to cost ) they will take the more boldnesse to contemne it , because it is new , and for that it neither hath , nor is like to have such a ratification of authority , either divine , or humane , by constitution or prescription , as tithing hath had ; no , though it should be supposed to last to the end of the world . for tithes were paid yeares , almost yeares before christ ; salian annal. tom . p. . nu . . & since christ ( excepting some times of persecution ) for the most part of sixteene hundred fourty sixe yeares ; and we cannot hope the remaining age of the world will hold out halfe so long . to these i could adde divers other considerations of importance , which cannot be hid from the prudence of such a multitude of sage counsellors as that most honourable senate the parliament consisteth of ; which maketh me confident that before they give assent to any such petitions as are put up against tithes , they will be pleased to heare what the assemblie of divines can say in answer to such objections , as are framed against them , upon pretence either of scripture or religious reason . animadversions upon the petition of the committee of kent . against this , that which moved you to thinke the parliament would take away tithes , was , that you have read in one of the newes bookes , that the knights and gentlemen of kent presented a petition to the honourable house of commons , against the payment of tithes unto ministers , and that they received thanks from the speaker in the name of the house for that service , and that it is held fit to be a leading case for all other counties of the kingdome . you must beware how you believe the newes bookes , for they are many times ignorantly and inconsiderately erroneous , or fallaciously false , out of an ill affection to some , and apparent partiality to others . for the petition it selfe , . it commeth not as from the knights and gentlemen of that county in common , ( who i am credibly informed are not very well pleased with it ) but from the committee of kent , who ( if they be like the committees in many places ) are not all of them men of sound , and orthodox judgement , neither for matter of tithes , nor for divers other tenets of religion . . howsoever they professe a good meaning to establish a sufficient maintenance for godly and well deserving ministers ; a very good meaning to extend it so farre as to succor their widowes and fatherlesse children , as we see by the th proposition of their new project . it will be a probleme ( which the present age perhaps will not be able to resolve ) who the trusties in after times will accept for such ministers ; although they may have cause to suspect that some part of kent for the present is not so reformed as it should be ; anabaptists and other sectaries having misled many into adverse principles , not onely to tithes , but to other matters of moment , concerning mans duty both of the first and second table . . for their exceptions against the received maintenance by tithes they say first , in generall , that they bewayle the sad condition of the country , in respect of the uncertaine floting , and miserable condition of the ministry , occasioned by the very nature , manner , and adjuncts of the way of tithes ; which the experience of thus many ages doth plainly evince to be miserably attended with these ensuing mischiefes . to which i answer ; that the miserable and floting condition of the ministry proceeds not from the nature , manner or adjuncts of their subsistence by way of tithes ; nor doth the experience of thus many ages ( that is , of the precedent ages hitherto ) evince so much ; for god ( who is omniscient , and therefore cannot but foresee all subsequent inconveniences for many hundred yeares to come ) established that meanes to be a standing and settled maintenance for his service ; and the misery of the ministry proceeds not from the nature or manner of tithes ( which to affirme may seem to coast too neere their conceipt who imagine god to be the author of sinne ) but from the ill consciences of men , who make no scruple to rob god of his right , malach. . ( for tithes are his portion , levit. . . ) and ministers may suffer very much in the present age , because there be many anabaptisticall sectaries ( from which kent is not more free , but as some say , more infected then some other counties ) who take up importunate clamours against tithes as antichristian and jewish ; and there will be the more by the countenance they may have from such a petition ; and such petitioners , because divers of them are of good reputation , not onely for wealth , but for their wisedome and learning well affected to religion and the parliament ; and i beleeve it the rather , because some godly ministers have expressed their approbation both of it & them , though therein i conceive they shewed more of the simplicity of the dove then of the wisedome of the serpent ; for albeit their meaning might be so to gather the tithes , and to put them into such hands , as might be rather for the ministers ease then for their losse , no man can prophesie that so good a spirit will descend upon their successors , nor how crosse they may prove to such a christian intention . . for the particular exceptions , they say ; first , that for the nature of this subsistence it is a very mystery , and secret , not easily without much art and industry attained unto ; namely for the minister to know his dues demandable , or the parishioners their dues payable ; whence ariseth that multitude of scandalous and vexatious suites and brables betwixt ministers and people , which doth fill all the courts at westminster , and other the justice-sittings in the country likewise with causes in this kinde . in this charge there be two particulars contained , first , of the difficulty of knowing the right of tithes ; secondly , of the vexatious suites raised betwixt pastors and people upon that ground . for the first , it is a very strange mystery , that after so many hundred yeares of tithing it should not yet be knowne what it is ; but i doubt not but in this case the right is better knowne unto ministers that should receive tithes , then acknowledged by the people that ought to pay them ; and how can they set up their new designe upon the old foundation of tithing , as they project it , if it cannot be knowne what is the ministers demandable due , what the peoples payable duty : that modell is more like to be a mystery which they propound , since it was never heard of in this kingdome untill they had devised it ; and as like it is to prove a misery to ministers , if their portion should come into no better hands then most of theirs , who have petitioned against tithes since this session of the parliament . and secondly , for the multitude of scandalous and vexatious suites , they make no more against the right of tithes , then against borrowing and lending , buying and selling , letting of leases , setling inheritances , joyntures , &c. upon which titles are set the greatest number of suites ; and for suites for tithes if the law allow them a right , it alloweth them a remedy to recover that right ; and for the suites that were occasioned thereby , they are neither so many as is here presented , nor so scandalous for the ministers part , for they may be imputed to the old avarice of worldly minded men , who being of a contrary mind to the apostle , thinke it an hard bargaine to exchange their carnall for the ministers spirituall things ; but principally to the new principles and practises of such unreasonable reformers , as imagine they are never farre enough removed from one extreame untill they arrive at the other , accounting all superstitious in point of tithing , that are not sacrilegious . . for the manner of it , respecting either the collecting or payment of tithes , it is a mutuall scourge in the hand of ministers and people each to other , if either or both ( as too often it happens ) prove covetous or crosse . if it be a mutuall scourge , it would well become the wisedome of these committee-men to enquire where the right is , and who doth the wrong , and to project a way how the wrong-doer may be made to doe right and to give due satisfaction to such as suffer under an undeserved scourge , and i hope when our reformation is grown up to such a competent degree of strength and stature as that it may quit the service of country committees , there will be no more cause of such a complaint then for many hundred yeares heretofore there hath been . . for its adjuncts ( that is of the maintenance by tithes ) the mischiefes of them will appeare innumerable , if the pregnancy of onely one be but considered ; namely , in the unreasonable proportion of livings , or values of churches to which they are belonging , whence ariso these inseparable evils . by what new-found logick will you frame such an induction , as from one particular to inferre innumerable mischiefes , particularly from the disproportion of livings ? you seeme to thinke otherwise , where you say in your th proposition , that in the distribution of the revenues for ministers regard must be had to the desert of the person , his family , and charge ; if so , certainly there is a great disproportion in deserts ; and for charge it is considerable , not onely for the greatnesse of a ministers family , but for the dearnesse of his education ; some have spent many yeares , and a large patrimony in the university , to make them fit for the ministery ; and should not they be supplied with a more liberall allowance ( caeteris paribus ) then those who have been at little expence both of time & estate to be duely qualified for such a calling ? if the proportion of parts , and paines , of charge both academicall , and oeconomicall , be duely weighed , there will be many more livings found too little then too great for a ministers maintenance ; especially if you will allow him a library ( such as a learned knight thought necessary for a minister ) of . l. value . but if the proportion be unreasonable , must tithes be supplanted and their ancient tenure abolished for such a disproportion ? must the foundation be digged up because the building is too high ? may not a tree , whose branches are too luxuriant , be lopped , and left entire in the bodie and roote ? when a mans beard is too long , will you cut off his chinne ? that out of doubt were an unreasonable reformation . . from this unreasonable proportion , you say , arise these unseparable evils : that most unworthy persons , who by favour or friendship or any sinister wayes can get into the greatest livings , being once invested with a legall right of freehold for their lives , securely sleece the flocke , and feed themselves without feare or care , more then to keep themselves without the compasse of a sequestration , whilst others both painfull and conscionable both serve starve . this is not ( as you call it ) an unseparable evill from the proportion you speake of ; for there be some men who have had , and at this present have great livings , not by any sinister wayes , but by such favour and friendship as is ingenuous , and just , and who keep as great a distance from desert of sequestration as any committee man doth within the county wherein they live . and if they carry themselves so as to be without feare and care , and without the compasse of a sequestration , in these inquisitive and accusative times , they are more to be countenanced and encouraged then many of those who are professed adversaries to them . but the matter , it seemes , that troubles you is , that they are invested with a legall right of freehold for their lives , and if they have such a right , and walke so warily as to keep out of the reach of a just sequestration , why should they not enjoy it ? would you have all to be betrusted to the discretion and conscience of your arbitrary committees ? truely gentelemen , we are afraid to trust you so farre , as to give up such a certaine title as formerly and anciently established upon the incumbent by the fundamentall lawes of the land , as the right of any person to his temporall estate , and to stand to your arbitrary dispensations for our livelihood ; lest laban-like you should change our wages ten times : and if your petition should take place , it might prove of very ill consequence in another generation , were you never so well minded , and it may be sooner ( in the next succession : ) for if the trustees should be either proud or covetous , or prophane or licentious , hereticall , or schismaticall , the best mininisters might happily be the worst dealt withall ; and the right of receiving tithes taken out of their hands might put them into the passive condition of silly and impotent wards under subtill and domineering tutors or guardians , in name such , but indeed nothing lesse then assertors and defenders of their rights , as tutors and guardians ought to be . and that our feare and jealousie is not without cause in respect of trustees and committee-men , nor so much of you in particular , of some of whom we have heard and beleeve much good , as of such as may have as great authority without so good an intention , we shall give you our ground out of the observation and complaint of witnesses above exception , viz. the well affected freemen and covenant-engaged citizens of the city of london , in their humble representation to the right honourable the lords and commons in parliament assembled , in these words . and here we may not omit to hint unto your honours the exorbitant practises of many committees and committee-men , who have such an influence by meanes of their authority upon the people , they being at their wills and in their power to doe them a displeasure , that they dare not doe otherwise , then obey their unlawfull commands , without the inevitable hazard of their peace and safety ; through which meanes tyranny is exercised by one fellow-subject upon another , and justice and equity cannot enter . the cryes of all sorts of people through the land are growne so loud against the people of this vocation and profession , by reason of those grievous oppressions that are continually acted by them , that in tendernesse of affection toward our brethren , not being ignorant or insensible : of our owne sufferings in this kind , and the great dishonour accrewing to the parliament thereby , that we cannot but be earnest suitors to your mercy and justice that such may be dissolved . . for obtainment of these livings we see such sordid compliances with such persons as have the fattest benefices ( as they count and call them ) in their dispose ; such artifices in contriving , making , and colouring over simoniacall and sinfull bargaines , compacts , and matches , such chopping of churches , and restlesse change of places , till they get into the easiest and warmest : and other such like practises not to be named , nor yet to be prevented or removed , otherwise then by plucking up the very roote which naturally brancheth out it selfe into these foresaid mischiefes , so obstructive and destructive to all reformation . here is a great deale of aggravating rhetoricke against the greatnesse of church-livings . but why should all this evill be imagined rather of ministers fat benefices as you say they are called , then of great and gainfull offices in the state ? is there not more care had , and more strict triall taken of ministers sincerity and integrity then of secular officers ? surely we are bound in charity to expect a more reformed ministery , then we have had , who will rather say unto a simoniacall patron as peter to simon magus , thy monie perish with thee , acts . . then be levies to such a simeon in making a base and corrupt contract for a benefice . and for that you say , that such practises are not to be prevented or removed , otherwise then by plucking up the very roote , which naturally brancheth it selfe out into these foresaid mischiefes , so obstructive and destructive to all religion . whether you meane tithes to be this roote , or the disproportion of benefices , or the right of patronage and protection , i cannot tell , but sure i am , that the apostle cals covetousnesse the root of all evill , and so the root of that evill which sometimes passeth betwixt a patron and his chaplaine : and may as frequently , and with as much injury be sound betwixt some committee-men and trustees and the ministers of their choice , as any other . but as i am confident that there will be an amendment on the ministers part , by the regular way of the parliaments reformation , according to the directions of ordination of ministers already printed & accordingly practised , so will it bee not onely possible , but easie for the state to finde out a fit means to prevent prevarication on the part of the patron ; but if tithes be removed from their ancient foundation , and left loose to the disposall of trustees or committee-men , they will be a more ready prey for the covetous into whose hands they may come , and from whose hands perhaps they cannot without great difficulty be redeemed . lastly , in the close of this petition , the petitioners shew great care that the ministers may be freed from the incumbrance of tithes , to serve the lord without distraction , and to give themselves to the word of god and prayer , and to be onely employed to make ready a people prepared for the lord ; and so they may do if they be maintained by tithes ; for that means of maintenance gives a man occasion of more and better acquaintance with the particular disposition of his people , and it is his part to be diligent to know the state of his flock , prov. . . and for that trouble which may be thought inconsistent with the calling of a minister , if his means be sufficient , he may have a servant to take it from him , and ease him of it . i know a minister whose benefice was a vicarage , and his parish so large , that it was miles in length , and of a proportionable breadth , yet did it not put him to the expence of one day in a year to compound for , or gather in his dispersed portion . now for the successe and acceptance of the petition in the honourable house of commons , to which it was presented ; if such an innovation had been granted for that county , it had been fitter to have been made a sibboleth , for that cauthe or angle of the kingdome ( for so the word kent signifieth ) as their custome of * gavelkind , then to be made a president or pattern of conformity to other parts of the kingdome , as the news-book of the same week prescribed that to his reader . but the answer of the worthy senate was such as may further confirm us in our confidence , that they will still continue to be gracious patrons of the maintenance of ministers , and that they will be more ready to ratifie precedent statutes and their own ordinance made in that behalf , then to dissettle their tenure which is founded upon them , and to make ministers arbitrary pensioners to such as may be so far swayed by misprision of judgement , or personall dis-affection , as to deal most penuriously with those , who being truly valued ( without erroneous mistaking or injurious misliking ) may both by the eminence of their parts , and their faithfulnesse in their places , deserve the most ample , and most honourable revenue . i will give you their answer in their own words , which are most authentick , they are these . m. speaker by order of the house of commons did give the petitioners ( the committee of kent ) thanks for their former services , and took notice of their good affections to the publique ; and did acquaint them , that the great businesses of the kingdome are now instant and pressing upon them , and that they will take the petition into consideration in due time , and that in the mean time they take care that tithes may be paid according to law . but there are some in the parliament that hold the maintenance of ministers by tithes to be jewish and popish , and therefore they will give countenance to petitions that are put up against them , and doe what they can under such titles to render them offensive to such as are truly religious , especially to those who have most power to abolish them . . it may be there are some such , and if there be some such among so many , it is neither to be thought strange , nor true , for such a number of them as may be able to carry the cause against the continuance of tithes . . for the tearm jewish , it is mis-applyed against tithes , as it was by the prelates of late , & is by the anabaptists at the present against the sabbath ; nor are they more popish then jewish ; for the papists , though their people pay them , and their priests receive them , yet they for the most part holding thē to depend meerly upon ecclesiastical constitution , made no scruple of changing them into secular titles or uses , as in impropriations in the hands of lay-men , and many other distributions made out of them severall ways , without any respect to the service of the sanctuary . nor is there any thing in the payment and receiving of tithes under the state of the gospel , which may probably be suspected to have any savour of judaisme , or popery , save onely the payment of tenths by the ministers to the king , as hath been lately well observed by mr l. in his second book against mr s. i will set down his words , and seriously commend them to the consideration of our religious reformers ; they are these , in answer to mr s. his question . qu. what a are the maintenance of ministers by tithes ? jewish and popish undenyably . ans. how ? jewish and popish undeniably ? as undeniably as the sabbath was jewish when the prelates so called it , or the article of the trinity popish , as b valentinus gentilis took it , when he disliked the doctrine of the reformed churches in that point , because they agreed with the papists therein . you are grossely mistaken sir in the tenure of tithes , for though there be a clamour taken up against them by such as make no scruple either of slander or of sacriledge , and some would change the ministers portion , which is their masters wages for his own work , and reduce them to voluntary pensions of the people , ( because they would have a liberty to begger them who will not humour them in their fond and false opinions , and licentious practises , but oppose them as of conscience they are bound to doe ) neither you , nor all your party can prove them either iewish or popish , as they are allowed and received for the maintenance of the ministers of england . and because you are so confident in your opinion against tithes , and shew your self to have a good opinion of mr nye , ( whom with mr goodwin c you cite for a worthy saying touching the golden ball of government ) i refer you for satisfaction to him , who will tell you ( as he hath done divers others in my hearing ) that ministers of the gospel may hold , and receive tithes for their maintenance by a right and title which is neither jewish nor popish , but truly christian ; and there is nothing iewish or popish in tithes , but the assignation of the decimae decimarum , from the d leviticall priests to the high priest , from the high priest to the e pope , and from the pope to the king ; when first pope urbane gave them to richard the second to aid him against charles the french king , and others that upheld clement the seventh against him , as f polydore virgil relateth . and king henry the eighth taking from the pope the title of head of the church to himself by g act of parliament , took from him the tenths , and other profits annexed to that title , which were setled upon the crown by h statute in the th year of henry the . so that the iewish high priesthood being expired , the papall lordship abolished , the tithes paid under those titles , may be called iewish and popish , but not that which is assigned for the maintenance of ministers , because they are yet to doe service to their master , and so to receive the maintenance of his allowance for his work ; which fellow-servants cannot take upon them to take away without presumption ; their door-neighbour will not allow them a power to appoint the wages of their servants , much lesse may they usurp upon the right of god , and his ministers , to alienate tithes from the support of his service and worship , for that is rather popish , as hath before been observed . which being true and clear , ( as touching the pedegree of such tithes from the high priesthood of aaron to the independent prelacy of the pope , and from him to the king , as by claim from the title , head of the church , translated from the miter to the crown ) it will not i conceive be thought congruous to the christian reformation ( the thorow reformation professed by our worthy and religious rulers ) that such monuments of superstition or popery should be removed , which were unprofitable , and that onely retained ( as a silver shrine to diana ) which brings gain to the king or state , and puts the charge upon the ministers of the gospel ; who thereby ( i may say it confidently for some whom i know ) are brought to this perplexed dilemma , either to pay them with reluctancy , ( as no lesse contrary to their consciences then to their commodities ) or to deny or withhold them with suspition , or imputation of avarice , or disobedience to lawfull authority . but the parliament liketh not that tithes should be proposed , or pressed , as many divines doe , both in pulpit , and from the presse , as of divine right ; which because they think to be wrong , they will rather reject them , then ratifie them under a title of so high a strain . . not onely divines , but divers i others ( who are men of very eminent note ) hold tithes to be due by divine right , and some of them have undertaken to prove them so , and to answer all objections against them , which how far they have performed is left to the judgement of indifferent readers . . it is more like that ( as both religion and reason will dictate unto them ) they will be the more wary how they take them away , lest if that tenure should prove true , they should be found guilty of the sin of sacriledge , that they should abolish them , and that they will seriously search and enquire into the ground of that title , and while they are in doubt , that they will resolve of the safest course , which is , not to repeal them ; for as we must forbear to feed of meats of which another saith , that they are sacrificed to idols , cor. . . ( for his sake that saith it , though but a private christian ; ) so if divines say , ( and bring scripture and reason for it ) that tithes are dedicated to god , or by him assumed , first to himself , and then assigned or set over by him to his servants , for his work in waiting on his worship , which must be maintained to the worlds end , it will be rather a reason for them to support the tenure of tithes by their parliamentary power , then any way to prompt or dispose them to desert it , or to alienate their right from ecclesiasticall uses . the fear of sacriledge hath been of such force with some heathen moralists , as plutarch observeth in his morals , that if they pulled down a house contiguous to a temple , they would leave some of that part standing which was next unto it , lest they should with it take away any part of the temple it selfe . wherein if they shewed any spice of superstition , it will be more capable of pardon , or lesse liable to punishment at the hand of god , then we may expect if we proceed hastily to lay violent hands upon any thing peculiarly entituled to his honour , who is the authour and giver of all things to all men . . if the plea of a divine right for tithes ( supposing it setteth them up too high ) should incline to irritation in some to make opposition against them , why should not the contrary tenet which peremptorily taketh them down too low , calling them jewish , antichristian , and popish , and that undeniably , ( as hath been said , but never can be proved ) move others the rather to retaine them , and confirm them ? chiefly the parliament ( whose authority is most engaged for their justification ) and especially since the servants of god have had possession of them by so many laws , and so long a prescription ; for according to the maxime of the law , the possessors title is the best untill he bee fairly gvicted out of it . . if the parliament doe not in their approbation of tithes come up to the tenure of divine right , they may yet be willing enough to establish them upon other grounds , and leave divines to the liberty of their judgment & consciences to plead for them according to the principles of their own profession , as in their ordinances made for setting up of the presbyterial government , though yet they be not satisfied of the claim of divine right for it , they were pleased to authorize it by their ordinance , and to require divines to prepare the people for the reception thereof by preaching of it , and for it ; so as both to clear it , and assure it ( so farre as they could ) by the sacred scripture . and on the other side while they approve it , though but by a civill assent , ( as to a prudentiall design , untill they see more light , which they look for in the answer to their queres proposed to the assembly of divines ) the presbyterians who hold it in the highest esteem take none offence that they proceed no farther , and professe themselves well satisfied with their civill sanction ; so one of the learned commissioners of scotland hath said , in the name of the rest , in these words , if they shall in a parliamentary and legislative way establish that thing , which is really , and in it self agreeable to the word of god , though they doe not declare it to be the will of iesus christ , they are satisfied . ob. if there were no purpose to put down tithes by such as are in authority , how commeth it to passe that the anabaptists are more bold in london to take up a publique contestation against them , then the presbyterians to make apology for them ? for did not one mr b. c. an anabaptist manage a dispute against mr w. i. of chr. and after that undertake another upon the same argument against m. i. cr. and offered to proceed in it against all opposition , which m. cr. durst not doe , upon pretence of a prohibition from authority ? ans. . it is no strange thing for men who have a bad cause to set a good face on it , and to make out with boldnesse and confidence what is wanting in truth of judgement , and strength of argument ; this is observed of the papists by a judicious authour , whom he sheweth to have been forward in the offers of disputation , with iterated and importunate suits for publique audience and judgement . and bellarmine reporteth out of surius , that io ▪ cochleus a great zealot for the papacy , offered to dispute with any lutheran upon perill of his life , if he fayled in the proof of his part of the question . . for the boldnesse of the anabaptists at this time , and in this cause , and this city , there may be divers conjectural reasons in particular given thereof , besides the generall already observed ; as , . because they advance in their hopes of a toleration of their sect ; and to promote that hope they have been so ready to engage in military service , with a designe no doubt to get that liberty by force ( if they be able ) which by favour of authority they cannot obtain . . for this matter of tithes , they might be more forward to oppose their tenure , because it is a very popular and plausible argument , wherein they might have the good wils of the people , that they might prevail , and their conceits that they did so , ( though they did not ) because they would be very apt to beleeve what they vehemently desire may come to passe ; and it is not to be doubted but a dram of seeming probability will prevail more with most worldlings to spare their purses , then an ounce of sound reason to put them to charges . . they might take some encouragement to dispute against tithes in this city , because there is a project to change the maintenance of the ministers set on foot by many worthy , and well-minded citizens , which yet in truth makes nothing for the anabaptists opinion , who would have ministers maintained by meer benevolence ; for the citizens , as they intend a more liberall allowance then the former , ( since they see many of their churches are destitute of ministers , because their ministers have been destitute of means ) so they mean that it shall be certain , setled by authority , and not left arbitrary to the courtesie of men . . for the two disputes , the one managed betwixt m. w. i. and m. b. c. the other purposed betwixt m. i. cr. and the same b. c. but disappointed , it makes nothing at all for the taking away of tithes ; for as touching the former , they who were possessed with prejudice , or corrupted with covetousnesse against the truth , were much confirmed in the lawfulnesse of such rates as are paid in london under the title of tithes , though indeed they are not tithes , and of such onely was the debate at that time . for the intended debate which was to be touching the divine right of tithes , though some godly and prudent men thought it should not have been taken in hand without the warrant of publique authority , yet they made no doubt but that the truth of the cause , or ability of the man , who undertook the defence of it against m. c. would prevail unto victory . but for the disappointment , it was by the warrant of the lord major of the city , to them both , interdicting the dispute , which was both without m. i. cr. his knowledge , and against his good will ; yet he obeyed the prohibition , and when his antagonist insisted , and urged the performance of what was agreed upon , notwithstanding the contrary command of the lord major , his answer was , that it was agreeable to the anabaptists principles to disobey authority , but not according to the principles of presbyterians . and left b. c. should take it for a token of distrust in his cause , and make it an occasion of vain-glory , either against the cause or person of m. i. cr. he proposed the printing of m. b. c. his arguments against tithes , and engaged himself to answer them in print , and so to refer both to the judgment of al unbyassed readers , which was the best way to give clear and full satisfaction to such as doubt on which side the truth is swayed by the most authentick testimony and soundest reasons . it is no part of my task for the present to argue farther for tithes , then may answer the doubt you have proposed to me , which is , of the parliaments purpose and proceedings touching the establishing , or abolishing of them . animadversions upon the late pamphlet intituled , the countreys plea against tithes . yet that you may not be scrupled in conscience ( as you were in conceit ) by a new petty pamphlet against payment of tithes , which perhaps may come to your hands ; i will give you some animadversions upon it ; which may also be of use to others as well as to you . the title of the booke is , the countryes plea against tithes , with this addition , a declaration sent to divers eminent ministers in severall parishes of this kingdome , proving by gods word and morall reason , that tithes are not due to the ministers of the gospell ; and that the law for tithes was a leviticall law , and to endure no longer then the leviticall priesthood did , &c. wherein the authors say much in the outside , but make no answerable proof in the inside of the booke . they direct it in the title page as a declaration to divers worthy ministers in the kingdome , and in the beginning of the body of the book they present it as a joynt declaration of the people of severall parishes for their opinion concerning tithes , as a reply to certaine papers from some ministers , pretending to prove tithes due by authority of scripture . it had been faire dealing if they had printed those papers of the ministers , that it might appeare how well they had answered them . but for the confident contradiction of the divine right they alledge , . the novelty of them in the christian state . . the ceremoniality of them , as being meerely leviticall . . the inequality of them in severall respects . . the trouble of them to the minister . for the first ; they referre the originall of them under the gospell , for the author , to pope vrbane ; for the time , to the three hundredth yeare after christs ascension ; and for proofe of both , they cite origen , cyprian , and gregory , at large without any particular quotation to find what they cite : untill which time , say they , there was community of all things among christians . but first , they should tell us which vrban it was , ( who they say began to bring tithes into use for the maintenance of the ministery ) for there were of that name , and of those ( if origen be a witnesse of it ) it must be vrban the first , anno who sate but yeares , & moneths , & there was not another pope called vrban untill the year . which was long after the latest of those three , viz. gregory , ( whether they mean greg. nazianz. or greg. nyssen , or gregory surnamed , ) the great , bishop of rome ; and origen testified so much of tithes recalled by pope vrban , their originall must be ancienter then years after the ascenson ; for that vrban lived not beyond the year , and origen flourished anno . and if tithes began when christians gave over the community of goods , as these men say p. . in the name of tertullian , but bring no proofe of it , then had ministers a propriety in tithes as soon as others had a propiety of estate ; and sooner it could not be . and that which caused this community , the persecution of the church ( which reached to his age : for the next predecessor to that vrban , calixtus was a martyr ) might very well cause a suspension of tithes for all that time . . for the tenure of tithes ; there be disputable opinions : whether they be morall ; whether judiciall ; whether ceremoniall , ( there is a fourth conceipt that they are meere almes , which is imputed to wickleff in the session of the councell of constance ; but that admits of no dispute since it is repugnant to all appearance of reason . ) some hold them morall , as those ministers whom these men pretend to answer ; most of the canonists , marc. anton. de dom. de rep. eccl. l. . c. . zepperus in explic. legum forens . mes. c. . and many english divines . . some hold them judiciall , as bell. lib de cler. c. . . some ceremoniall , as these parishioners doe . there is the least reason for this last opinion . for tithes were taken as a tribute by god himselfe as the chiefe lord of all the earth , levit. . . whereby hee is acknowledged giver of all ; and that it is in his power to curse the earth with barrennesse , and to starve the creatures that live upon it ; and this is true of all ages , and therefore we reade of payment of tithes by abraham , gen. . . heb. . . and vowing of tithes by jacob , before the leviticall priesthood was established , gen. . . but sacrifices , say they , are ancienter then tithes , and were long before the ceremoniall law was ordained , yet they are not to be continued in the time of the gospel . true , because they were types of future things to be exhibited in the new testament , but tithes have no typicall intimation in their institution or use , being set apart by god for himselfe , and given by him as the wages to his servants for doing his work ; which he assigned to the levites for their time , and made them sutable to their state by peculiar ordinances , as num. . , . &c. levit. . . . . which expired with the priesthood , though tithes in generall did not ; and therefore such particulars are no more to be urged against that maintenance of ministers in the new testament , then the jewish observations of the sabbath against the keeping of a christian sabbath at this day . . for that they say of inequality in respect of impropriations , p. . in respect of tradesmen in townes and cities , who gaine more then farmers and pay no tithes , p. . and in respect of the losse which may befall the farmer , when he hath not increase to answer his cost and labour , ibid. for the two first , it is worthy consideration of those who are in authority how to reduce them to more equality . for the third ; the exception lyeth no more against tithes now , then in the time when they acknowledge them most in force ; and when it proveth an ill yeare with the plowman , it will be well for him to consider whether his unconscionablenesse in tithes have not procured a curse upon his portion , according to the commination in the third of malac. . . and lastly , for the trouble of the minister ; if he have but a little tithe , it will be no great trouble for him to order it , especially since he may lawfully exchange it into money . . if he have a great tithe , it will beare the charge of a servant to ease him of the trouble . and . if this inconvenience could not be avoided , ( as well it may ) there would follow farre greater upon the taking away tithes , such as before we have observed . with these exceptions against this revenue of tithes they have delivered something worthy the acceptation of ministers , which is p. . . it is the desire , say they , of al gods people ( & so it ought to be ) that the ministers of the gospell should have a sufficient maintenance allowed them , nay not onely a sufficient maintenance , but an abundant , a large and rich maintenance , such a maintenance as they may live liberally without any other imployment but the ministery ; nor is it fit or becomming christians that their minister should live in a meane condition either of diet or cloathing , but as he is more excellent in calling , so ought he to have a more large & better maintenance in those respects then others , for he feeding the soules with spirituall things , the word of god , the people ought to feed his body liberally with their base temporall things : and in the next page say they ; and is it not a shame for a rich and flourishing common-wealth to have a poore and bare ministery , either in the generall , or in some particulars ? & yet into such a condition have impropriations brought the ministery of this common-wealth in very many places . they conclude with an addresse to the high court of parliament for a reformation in this particular of tithes , p. . and herein we are content to meet them at the barre of that most wise , prous , and impartiall judicatory of the kingdome , who , as they have , so we doubt not but they will ratifie the ancient statutes , and their owne late ordinance concerning tithes ; and whatsoever their title be in respect of religion , the people may ( though ignorant zelots hold , and covetous worldlings pretend they may not ) pay them with good conscience , for the state may impose them for the maintenance of the ministery , as well as they may impose the part , or any other part they please , to maintaine a just warre , or to pay the debts of the kingdome ; and others may conscientiously submit to such impositions ; and hereto the most learned divines of the reformed churches doe agree , ( though the most of them , as they are mistaken in the true doctrine of the sabbath , so are they also in this question of tithes ) for albeit they maintaine their ministers while they live , and provide for their widowes and fatherlesse children , when they are dead , * yet they resolve it lawfull to pay the th to the popish priests , though they officiate in an idolatrous service , upon the command of the prince , or state under which they live . this may suffice for this little treatise , which , though little , if it had not been lesse in weight then in length , i would not have been so observant of the importunity of the printers calling for my paper , as to dispatch mine animadversions upon it in the short interim of one night , betwixt rising from supper and reposing for sleepe , which yet had been too much if most readers were not too readily prepared to entertaine any text that makes for their commodity , whether by acquiring advantage , or sparing expences . now for your secondary doubt concerning the disposall of your sonne , give me leave , sir , to give you my sence fully and freely in the case . . i see by you and him ( which i am sorry to observe , yet i feare it is like to prove too true in all ages ) that if there be not sufficient and certaine meanes allotted to the labourers in the lords harvest , he is like to have but a few workemen to undertake it , and goe through with it ; therefore those that julian-like , take away the hire of spirituall labourers , make way , as much as in them lyeth , for the marring of the harvest ; for either there will be a want of workemen , or of such sufficiency in them as may make the worke to prosper in their hands : hence is the miserable condition of the greeke church , living ( if not languishing ) under the dominion of the turkes , where their clergy as they are the meanest sort of men , ( like ieroboams priests , who though they were to serve in the house of high places , were the lowest of the people , kings . . ) so are they as despicable for their ignorance and meane qualifications every way as for their poverty , having no schooles of learning among them , and therefore more like either to poison or famish the soules committed to their charge , then to feed and nourish them with a competent measure of the sincere milke of the word , that they may grow thereby . . but i feare no such fayling of maintenance for ministers among us , as may occasion such a discouragement to parents that they should not be willing to dispose of their children in that calling , for feare they should serve christ upon such poore termes as the priests of isis did that heathen goddesse , who were not allowed a new suite untill the old was worn to ragges . . yet if that were true which you reade in the weekely pamphlets , or which you had by report , of the likelyhood of putting downe tithes by the parliament , i must tell you plainly as your friend , i like not your wavering touching the disposall of your sonne ; for if he be furnished with personall abilities for the service of the sanctuary , if he be ( as i hope he is ) a man of holy life and conversation , if he find himselfe inwardly moved by the holy ghost to enter into that holy function , it will be a greater sacriledge in you then robbing of the church of so much tithe as would maintaine him , to divert him from the service of christ , and salvation of soules , through distrust of the divine providence for his support . and therefore , . if i conceived you to be so carnall a father ( but i dare not thinke you are such a one ) i should turne my speech from you to your sonne , had i opportunity to speake with him , and exhort him not onely to serve christ , but to suffer for him , in the words of hierom to heliodorus , rather to tread upon you , if you should lye as a blocke in his way , then to make a stop , or to retire from following after christ , though in zeale and haste he should overtake the crosse ; for in such a case it is a kind of piety ( saith he ) to shew cruelty towards our chiefest friends . thus , as my little leisure would allow me , i have endeavoured to satisfie your desire in resolving your doubt , and i hope that i have written will reach a little further then you thought of , even to the settling of your resolution to dedicate your sonne to the service of our saviour ; and to serve him upon such tearmes whatsoever they be , as the divine providence in the condition of the times shall put upon him , and so you have my advice , and you shall have my prayers for you and yours . finis . notes, typically marginal, from the original text notes for div a e- cor. . . * in cornwall . notes for div a e- * steeple-house . ☞ dardanus . notes for div a e- note . notes for div a e- note . notes for div a e- a erbury at oxford and cox at london . b sleydan comment . l. . fol. . a c ibid. d bonorum quoque communione & humanitate cum primis esse consentaneam , & ut ex dignitate sunt omnes aequales , & ex conditione libere & promiscuè omnibus bonis utuntur . ibid. fol. . prope finem . e quo factum est , ut vulgus ab operis atque labore desisteret , & quâ quisque re careret ab aliis qui abundabant etiam invitis acciperit . ibid. see also l. . princip. a promittebat auxilium quo viz. impiis interfectis , novi substituerentur principes & magistratus : namà deo sibi mandatum esse profitebatur ( scil. muncerus ) ut sublatis illis constitueret novos ibid. b sathanas sub evangelii praetextu multos hoc tempore seditiosos & planè sanguinarios excitavit doctores . sleydan comment : l. . fol. . see more of their doctrine l. . principio . and of their doings in the following discourse of the author of the same booke . a vitario perpetuum stipendium quinque marcarum statuitur , nisi in partibus aliquibus walliae ubi minore contenti sintd . lindwood constitut . l. . de ofsic . vicar . sol . . p. col . . in textu & fol. . p. col . . sed in glos. lit. g. augmentatio facta est ad marcas , sed tamen alii qui non sunt contenti sine decem marcis ; & revera marcae non sufficiunt ad hospitalitatem & alia ibid. in glos. lit. g. b see polt abridg. edict . londin . . p. . petit. petit. answ. petit. answ. petit. answ. petit. answ. * gavelkind is a custome anciently observed in kent , whereby the land of the father is equally divided among all his sons , or the land of a brother equally divided among his brethren , if he have no issue of his own , this was so common a custome as appears by the stat. in the . year of h. . ca. . that there were not above or persons in kent ▪ that held by any other tenure ; but anuo h. . ca. . many gentlemen upon petition got an alteration thereof . object . answ. a smoke p. . b quod ecclesiae resormatae adhuc in side tinitatis cum papistis conconveniret . ●ell . praesat . in lib. de christo , tom. . secund controvers . general . p. . c smoke p. . d numb. e in veteri lego primitiae debebantur sacerdotibus , decimae autem levitis , & quia sub sacerdotibus levitae erant , dominus mandavit ut ipsi loco decimarum solverent summo sacerdoti decimam decimae , unde nunc eadem ratione tenentur clerici summo pontisici decimam dare si exigeret . aquin. . q. . a. . ad . soto . inst. q. . art . . ad . . lo●in . in num. . . p. . f polyd. virg. hist. l. . g anno h. . c. . poult. abridg. p. . h ibid. c. . p. . obj. i sir , ed. coke in his second report in the archb : of can. his case . s. . b. and so the authour of the foregoing learned work . answ. longa possessio ( sicut jus ) parit jus possidendi & tollit actionem vero domino . bract. l. . fo. . m. gillespie his brotherly examination of m. colemans serm. p. , . sir ed : sands europ . specul. p. . obtulit se ad disputandum cum quovis lutherano sub poena capitis si in probationibus defecisset . bell. de eccles. script . p. . quod valdè volumus facilè ●redimus . tom. . concil. p. . decimae sunt pura eleemosyna , & parochiani possunt propter peccata suorum praelatorum , ad libitum suum auserre eas . concil. constant . session . . tom. . concil. p. col . . artic. . object . answ. * cujus leg●s ( scil politicae ) vi nec ipsi sideles reformai● denegant solvere decimas , in regnis illis , in quibus subjiciuntur principibus qui illas lege solvendas sanciunt ; qua ratione etiam à theologis responsum fuit nonnullis qui scrupulo conscientiae se teneri praetendebant , ne pontificiis ecclesiasticis solverent decimas , qui idololatriae sunt ministri . d. rivet . exercit . in genes . exercit. . p. . col . . g. sandys his travailes l. . p. . vineent . charter . de imag. deor. licet in limine pater jaceat , per calcatum perge patrem siccis oculis ad vexillum crucis evola . hieron. ad heliodor . tom. . p. . genus pietatis est in hac re crudelem esse . ibid. vindiciæ decimarum. of tithes, a plea for the ius divinum. drawne from the text, by iohn carter diacon carter, john, diacon. this text is an enriched version of the tcp digital transcription a of text s in the english short title catalog (stc ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) vindiciæ decimarum. of tithes, a plea for the ius divinum. drawne from the text, by iohn carter diacon carter, john, diacon. [ ], p. by t. cotes, printed at london : . reproduction of the original in the union theological seminary (new york, n.y.). library. eng tithes -- early works to . a s (stc ). civilwar no vindiciæ decimarum. of tithes, a plea for the ius divinum. drawne from the text, by iohn carter diacon. carter, john, diacon f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion vindiciae decimarvm . of tithes , a plea for the ivs divinvm . drawne from the text , by iohn carter diacon . eccles. . . dedicate thy tithes with gladnesse . div augustin serm. . decimae ex debito requiruntur , & qui eas dare noluerit res alienas invasit . isidor . hispalens . in gen. cap. . patriarcha magnus decim as omnis substantiae suae melchizedec sacerdoti post benedictionem dedit ; sciens spiritualiter melius sacerdotium futurum in populo gentium quam leviticum . printed at london by t. cotes . . vindiciae decimarvm . of tithes , a plea for the divine right . heb. . . there he receiveth them , of whom it is witnessed that he liveth . as of the whole epistle , so of the verse now read : aaron and christ ; the law and the gospell ; death and life ; of it and that ; these the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , they are the summe . in it then , this verse , ye have priesthood , compar'd with priesthood ; upon the a appearing of the one , of the other yee have the falling downe ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} here , in this levi's dying : in that , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} there , melchizedec's living ; of the one the declining , it serves to set out the dignity of the other . when among many arguments of saint pauls , this portion of scripture it is b one by which he intimates to the iew , what a great priest in respect of aaron , melchizedec was ; that the excellency of the leviticall priesthood , it was nothing to that of the messias : if an hebrew could but tell him how much for worth living did excell dying ; then happily hee might guesse in glory and in repute , how exceedingly the priest-hood of the gospell doth transcend that of the law . for touching the priesthood iudaicall , it was of no other make than its priests , in its condition meerely mortall : a life indeed it had , but such a life that was but as a span ; in it it's priest were {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} men that dye : and this is that which the meanenesse doth denote , of this priesthood the worthlessenesse . but now as for christ : c {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} consider how great this man is ; who is a priest , d {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : for ever after the order of melchizedec : and in respect of this , his eternity is infer'd over the legall , of his priesthood the praeeminentie : for this order of melchizedec , as it was afore that of aarons , so it is after ; when the e mosaicall in such sort it entred in , that in no wise it should abolish that of melchizedec ; sed ad r●borandum potius & illustrius readendum : but rather to be its strength ; and in a greater lustre to set it forth : for this it came in that in publishing its owne unprofitablenesse to the excellency of that under which we are , it might give a grace ; f and so , no need for us now in point of tithe to looke at levi ; no need to urge a duty from a law that 's dying ; when from the law first in force , the latter law did no way derogate ; aarons claime touching these did no way prejudice melchizedecs right . ad tempus decimas levitis . tithes to levi , they were but a temporary due ; the men that did receive , they were men that dye ▪ to ●●em , these , they became dead , their order once laid in its grave . but now melchizedec , christ ; in the text , the he who receives with disconsolate iob he could nere say , g to corrupiion thou art my father , to the worme thou art my mother . h death over him it had nere power . i {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . hee , made he is a priest after the power of an endlesse life . tithes then to receive , he it is who is alive ; for he saith it , k {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , i am he that liveth and was dead ; and behold i am alive for evermore . thus the eternall debt of tithes to make it good , to him it is that we betake us ; to no other than of christ the everduring priesthood : for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} there , in the priesthood of melchizedec , of the gospell ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . there he receiveth them , of whom it is witnessed that he liveth . the soveraigntie of christs priesthood in the text over the iewish , being manifested from it's eternity ; jus decimarum , the right too of tithes , sub evangelio , it doth manifest to be as lasting : a necessity there is of having these under the gospell , since of it's priest we have such certainety : when {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} there , in the priesthood of the gospell ; hee , melchizedec , christ receiveth tithes ; of whom it is witnessed , that is , witnessed by the scriptures : for so l expositors give the meaning of testatum est . in the scripture it is witnessed , that he , christ , melchizedec liveth ; who there , in the priesthood of the gospell receiveth tithes . of these words therefore for the clearer handling , i am to deliver them under a threefold quaere : quis , who receives ? quantum , how much he receives ? quare , why he receives ? . quis , who receives ? for here wee doe begin ; the originall of tithes , fetch it wee must from the condition of the party , whose of these was the first recept : then quis , who receives ? is he ; for his kinde of life , in the text , he who receives ; is he ; a priest he is : for he whose dues these are , m {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . none but a priest he is , whose of these is the right primordiall : tithes and a priest , they are much of a standing ; of the * office no sooner the appearance but unto it of the deserved reverence yee have the performance . he then who receives in the text is a priest ; and is to be considered two wayes ; either . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in the figure , or for the worke sake which he underwent , and by way of subserviencie ; and so , is he , is melchizedec ; who was of christ the type ; the priest presentative , he receives tithes : or else consider this priest . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in the truth , and of these dues as he is the proprietarie ; so none but christ , who is n {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the great high priest , is he , iesus christ receives tithes . this the he who in the gospell is the tithe-taker . in the law , the text {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} here , 't is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} men ; o {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , they were many priests to whom this portion was delivered : but under grace , in the texts {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} there {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} no more than one he , one priest . he who receives there , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : the priest god-man , he receives . this the first quaere , quis ; who receives : the second followes , which is ii. quantum ; how much it is this priest receives ? for that a right he hath to somewhat of each ones goods it will passe unquestioned : yet his right runs not at large : for the muchity of that he receives it t' end left at randome : that he should take so much now , and thus much then ; here this , and there that ; more at one time , and lesse at another ; nor , doth the priest referre himselfe for what he receives , to the pleasure of those who are bound to give ; but of that he takes the quantum : so much it is , as he once and for ever hath beene pleased to determine of ; in the text it is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} tithes : of what is yours , he hath severed for himselfe a speciall , a peculiar part . what he had of abraham he requires now of you : you must give , as abraham gave ; as he , so the p faithfull . now for the quantum which abraham did impart , praecisē it was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} a tenth ; so much is the tithe in the text . q decima vocatur ex decem alicujus rei portionibus una : one portion in any thing of ten , this is that which we call a tenth . of what the priest receives this the quantum , the tithe ; no other it is than what they had who were of levies order , the dues of men that die , to him alwayes they were and are alive . therefore , it is our part now to weigh them , just so , in no otherwise then at first appearance , as by abraham into the hands of melchizedec they were delivered : in the handling then after a two fold manner they are to be treated on . extensivè quoad res ; intensivè quoad personas . . extensivè , in regard of the matter , or the diversity of severalls , out of which they are to be taken ; so your tithes are {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . tithes of all : to him who in the text receives , abraham as it is at the second verse , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , he gave a tenth part of all . any thing of which your selfe makes a gaine , it is matter for a tenth ; all being good , nothing this way is to be refused ; but in respect of the specialties , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , of all that ye possesse , out of each your priest is to receive a tenth ; tithes in their latitude , being of all a tenth part : thus they are to be preach't extensivè : but beside this they are to be weighed . . intensivè ; that is , they are to be treated on , as they respect the frame and disposition of his soule ; who , to him who receives is to pay tithes of all : thus the tenth it is r {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; the tenth of all , in each sort , it should be the best of all ; for so of old runnes the reading at the fourth verse . cui & decimas dedit de praecipuis abraham patriarcha . s to whom the patriarch abraham gave even the tenth of the chiefest : to translate it decimas spoliorum , as you have it , the tenth of the spoyles ; is a construction too restrain'd : when {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} primarilie in respect of chiefenesse , it hath reference to the quality of a thing , and for the sake of this , the quality doth import the matter , or subject . if then of spoyles it be translated to the meaning of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} it will come nearer , to render it t de praecipuis spoliorum ; a tenth of the best or chiefest of the spoyles . this reading u unto the greeke church is not unknowne ; and in the latine {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} went ever for praecipua till the centurie that is last past . as then of all is to be received a tenth , so too , that tenth of all it should be the most especiall . by abraham what in tithes was rendred to melchizedec , of all it was the primest ; all and of all the best it is that must be for tithes . now thus stands the point touching the quantum : it is a tenth that doth determine the how much the priest receives ; concerning which was our second quaere : there is yet the third and the last which is iii. quare ; why he receives ? the reason why ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} it is witnessed that he liveth : therefore the priest receives tithes , because it is witnessed that he liveth . of him here {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the life , it is ratio proxima , the very reason or cause immediate , why these are now due : of tithes , this the why durative . vnder the gospell , the claime for these 't is still of force , in that the gospell to receive tithes , hath a priest that liveth : of this portion for the receit , ye may see it in the text ; the very ground or warrant , it is from the perpetuity of the priests life . therefore his dues ever tithes , he a priest ever being ; from his ever living , is the cause that tenths are never-dying . for , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . there he receiveth them , of whom it is witnessed that he liveth . thus of these words the severalls ; the quaere we begin with , is quis , who receives ? exprest in our text by the particle , is he , a priest receives . i. is he ; a priest receives . now this priest no other wise in this quaere , ye are to behold him , than as abrahams tithing sets him forth : not x qualis , such as he is quà priest , but quantus in his office how great he is , ye a●e to take notice of him : for this it is from his receiving at abrahams hands in the fourth verse , saint paul would have considered . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . consider , saith he there , how great this man was , in the text the he , unto whom the patriarch abraham gave the tenth of the chiefest . that then for which tithes serve , it is of , priesthood to set out the greatnesse ; to signifie unto us of how eminent a quality this holy function is , this it is for which at first tithes had their institution . y {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it was for the honour of melchizedec , that these dues abraham paid . the finis ultimus then why tithes were ordained , it was to manifest of the priest the excellency ; to denote of how great digni●y he who receives , for this cause it is that they were appointed ; to point out unto us the priests {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; his praerogative to be very great . for tithes they are the medium by which our apostle proves , in the person of melchizedec , of christs priesthood the sublimity ; in that abraham who paid tithes , z hoc ipso in this very thing , he was made lower than melchizedec , who received . what then in this part we must pursue , it is that for which tithes had their rise : in the beginning these they were assigned to discover unto us what high esteeme is due unto priesthood ; yea even to that of moses . for this was the ground , as from the fift verse a the learned do observe , why to aaron the children of iacob in this duty stood obliged ; when this portion which beneath melchizedec , did argue abraham , above any of the hebrewes , levies tribe they did praepose : as him , who received their tenths , with those of israel , none so honourable ; though one with another people and priest , all alike honorably descended ; yet with these the honour due to the office outstrips the honor had by the birth . b tanta enim erat sacerdotii ●xcellentia , &c. say the fathers . even of levies priesthood the excellency it was so ample , that all of such a kinde , it exalts them above all of the same kinne : to aarons order , paying of tithes , their dignity , that it did surpasse any of the race of iacob it doth ascertaine . but to let passe the legall priesthood ; to that of the gospell it is , that i must keepe me ; and must tell you from the rendring of tithes , over all whomsoever of its priest the superexcellency ; this to be it which is inferred . for our evangelicall doctor saith . i●tuemini quantus sit hic . he who receives , consider how great he is to whom the patriarch abraham gave &c. marke well who gave . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , abraham the patriarch ; this eminent christian in the top of his dignity is set before you to usher in the greater dignity of the christian priest ; it is the patriarch abraham : c that is , abraham the chiefest of fathers , the very first father ; princeps patrum abrahamus . if literally the terme patriarch be taken , then such a father he from whom all the fathers in israel had their beginning : but if mystically and spiritually , then abraham he is , d {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : the father of all them that beleeve : which of the two was the greater glory . now then , let the renowne of abraham , nere so much exceed , be his fame nere so flourishing ; t is but that which the apostle would , that none among the israel of god in glory should be so great as he : for in that one so glorious did tithe it to melchizedec , how glorious then must melchizedec be ? this is it which saint paul would have considered : and too , he would have all hence to learne the lesson which abraham tithing reades unto them ; which is this , that when tithes ye give of your selves to your melchizedec , it teacheth you the humbling ; that wherein it instructs you , t is naught else than of your selves , unto him in the lowly submission : for these they are the test of the awefull reverence that to the priest is due ; in giving up of these as abraham , so every man else , to his melchizedec , he doth declare his subjection ; e {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : f signum subjectionis ; g testimonium erant reverentiae erga eum cui pendebantur . he still passeth a great deale for the better man , to whom h gods dues , his tenths they are delivered : of a whole people the man most chiefe , tithes sets him below the priest ; the charge it warrants to be right high , to which of these the payment is referred : betweene man and man they put a difference , but the receiver , still they assure him to be the more worthy : that here which is inferred from the patriarchs paying of tithes , it is before himselfe of his priest the preferring : for t is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . &c. confid . &c. it tells him that gives , that he is not like to him who takes for dignity , before any other , these tithes , they are the seales of the priests promotion ; here above the patriarch they set melchizedec . your rendring then of these to your priest ; they are the reall the manifest profession of your submission . for of whom religion requi●es this fe●liy , over all such it shewes its authority ; and learnes them their owne humbling , in this sort enjoyning their obedience . i {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . this is an hard saying , i dare say to the most that heare it ; to heare that honour's due to an outcast priest , and that by tithes ; to you , to whom the very sound of priest is even ominous , is not this a theme that 's sowre ? it exacts therefore the closer pressing . know , then know , that the reverence had to those who are entrusted with the dispensing of sacred verities , tithes denotes it to be of a more del cate straine , than what 's borne to other men ; though men to be admired for their condition , amiable for their graces , and for their piety even imirable of the priest himselfe ; yet of these with the priest , none to be compared . for as the patriarch among men , for dignity none so supreme ; yet to the he who receives , here he stoopes and lets downe his saile ; to melchizedec , abraham , be 〈◊〉 it in his glory ; in honor unto god before himselfe , he preferres his priest , and did publish to the world his owne lowlinesse when he tithed it to melchizedec . with a serious eye then of the gospell priest , weigh now the super-excellency : that abraham , that he who for his glory of all his posterity was the most unmatchable ; that he , who for his worth had never any that could ever equall him : but all , at all times he did surpasse : yet this man who did outstrip all ; that melchizedec the he , who in the text receives , that the priest should surmount him ? {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . &c. consider how great this man is ; this he of how great perfection . k that besides many venerable respects that abraham bore him , that to him too he should give tithes ; it was an argument more than prevailing , that of melchizedec , the dignity it was non-pareil : of devouter abraham this devouter act , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} by many , very many degrees , it puts him below gods priest , though a patriarch than any in israel much more illustrious . this , of tithes the effect ; of their payment the issue , 't is to confirme how great a priest , the priest of the gospell : for abraham to the he who receives , these argue him much unaequall abraham for dignity to melchizedec ; and make the patriarch too meane to come in ballance with the priest ; since to this great man these they doe subject abraham : this deed preacheth aloud , that melchizedec to this loyall saint he was superior ; and declares the good man obsequious to gods priest , though he triumpht it over kings . thus melchizedec the figure ; for all that was done , verily to him it was done who was the type , and did the service for him who indeed in the text receives . now then , if melchizedec for repute even to astonishment was so wondrous as that to his sheafe abrahams must bow ? then christ , the great high priest , iesus christ , how he ? if the semblance doth beare downe all before it , then the substance what ? l {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. if of command so powerfull be the appearance ; then of the truth it selfe how glorious the royalty ; m its majesty how perspicuous ? to iesus christ , in what to him did abraham stand bound ? in what ? verily by the current of our text in naught else but in that which he receives , that is , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , tithes ; that which abraham owed here it is them , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : he receiveth them , tithes . the upshot then of that , which as hitherto hath beene promiscuously delivered out of this first quaere ; distinctly it is but quis and quare . . quis , who receives ? in respect of service and assignement melchizedec he receives ; but in regard of lordship and propriety , the he who receives is christ ▪ for he is lord of the soyle , out of which these fruites are gathered ; of these his is the right originall ; tithes in the primary claime they are his , who {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is the priest ; to none but to him they appertaine in their primier seizint his jus decimandi in the first tenure , by way of selfe-owning and title indubitate he receives tithes who is n the christ , our iesus . this the 〈◊〉 who will satisfie you , whensoere in this point ye put forth quis. but then . quare , it may be demanded for what cause at first this priest received tithes ? i have told you the cause why ; in the beginning it was no other , but of priest-hood by the payment of these that the greatnesse might be declar'd ; and so , this of tithes is the why institutive : of the priesthood of the gospell to set out the great honour which is due unto it , to this they are appointed ; unto christs yoke , the badges and tokens they are of his subjection , who soere payes : for this cause at first ordained , that at all times by these the people might witnesse what reverent abearance they owe unto their priest : over all from whom he receives his superiority they are to denote . and this of the first quaere , in its severall branches is the summe : we proceed now to the second , which we proposed in the terme . ii. quantum ; how much this priest received ? in the text definitely set downe to be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} tithes or tenths : so much by abraham was given to melchizedec . these tenths then they are to be treated on either , first in respect of the things offered ; and so abrahams tithes , they were {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} tithes of all : or else , secondly , in respect of the persons offering , and so the patriarchs tenth , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , of whatsoere his tenth was , of the chiefest it was a tenth . of these two , that which must first be set before you , it is that which shewes how large a spread abrahams tithing had ; to all it did extend . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} o he gave unto melchizedec a tenth part of all ; which is the first part of our second quaere , touching the quantum , and comes now to be handled . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : of each ones goods his part who lives , it is a tenth part of all : for this quantity of his priests , this the claime ; this melchizedec did receive , this abraham did impart , of all the tenth . of any thing then you doe possesse , of this portion there is no exempting : with what ye are blest no stinting of christ , otherwise than he hath beene pleased to stint himselfe . his command is p {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , yee ought to tithe all manner of herbes , q et omnium decimas . of all that thou shalt give me i will surely give the tenth unto thee : of blessed iacob this was the righteous vow . r {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . this of iacob by no meanes the christian let it passe : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; but what he afore the law , under grace , it is ours to doe as much : decimas omnium iacob . and under the law , s 't is omnem proventum sement is tuae . thou shalt truely tithe all the encrease of thy seed that the field bringeth forth yeare by yeare . and againe , the israelites upon the charge of king hezekiah : t copiose decimas omnium . the tithe of all things brought they in aboundantly . yea tithe of oxen. t is too in the prophet . inferte omnem decimam . u bring ye all the tithe into the storehouse ; which could not be all the tithe , if not of all . thus precept as well as practice makes it good , that the tenth , his dues who receives , of whatsoere was to be tithed to be a renth ; implying abrahams duty whiles to melchizec ; ex omnibus , of all that religiously he might , he paide tithes . for x {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of all , it is set downe in the largest sense ; and so not to be confinde by any particular . that then some would have all of these , and others all of those , of all to be the all ; this their opinion passe it doth with me for the instance of the patriarchs action , not for the restraint . it is not i that deny abraham to have imparted of the spoyles a tenth ; y the fathers say he did : nor yet is it i who dare gaine say him to have tithed all z the goods that were his owne : a when he who saith of all excludeth nothing . b decimas praeliorum , a tenth of the spoyles that he got in battle that he did pay , i doe beleeve it ; and too , decimat frugum , with the tithes of the fruites of the earth that were his , with these that he did present his priest , i am verily perswaded . if then any say , c that . abraham gave these dues out of the spoyles that he gained from chedorlaomer and those other kings against whom he raised the warre ; that of all these as included the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} should be meant , 't is confest : for as our tithepayer jure belli d had a right to these , in that they were the peculium of the assyrian princes whom he vanquisht ; so to the tithe of these in respect of him who gained them , melchizedec also had a right , or if as it pleaseth e . others ; the spoyles to be those which abraham recovered from the conquered kings , and were the very goods of lot , and of the kings of sodome and gomorrah ; such there are who say , these to be the all , of which he paid tithes . with these men so of all , these spoyles might goe for one part , i de joyne hands : when {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is large enough to comprehend these also . for consider , that albeit f abrahams iuravi elatâ manu meâ ad iehovam , &c. that himselfe would take nothing of the king of sodome ; yet his vow did not tye him , nor could it withhold him from giving to the priest of the most high god , that which belonged to him ; even the tenth part of all the spoyles that were recovered . once more , be there g . others who put aside the spoyles , and deliver the all to be abrahae facultates ; this with me of the all , as another 〈◊〉 all it will 〈◊〉 {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} bellie , all this it will hold and 〈◊〉 , burst . that abraham payd tither of all where : with himselfe was enrich't , i gladly yeeld it , and of all that he gave , it was too of all that was his owne : for if the patriarch did pay . tit be 〈◊〉 all the spoyles ; shall we deny him to have discharged , this debt with the the of all that he had , out of his certaine and standing possessions ? about what then our moderner tugge , and to ; the exempting of all the rest , for such a specialty would conclude : goe it may , not for the bound ; but for that which of the all may helpe to the making up . in briefe of all that the patriarch gave , would you have the totull ? touching it , h what i have received , that i deliver to you : in all humble obedience to his priest he gave a tenth part of all ; that is , of all whatsoere be had ; of all the spoyles that for himselfe of the enemy he gained ; the tithe of all the spoyles of sodome , and substance of lot , which he brought backe and recovered ; of all that he carryed out with him , and of all that he left at home ; euen of all that any way he possest . thus , his decim●● omnium without any the least violence offered to the text , to all tithe able stuffe whatsoever that was within his power , it may be stretcht . well then , to make no hue and hue after any who hath stole from abrahams {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : oneone-onely wee le put forth a si quis . if then there be any manner of man , who cannot be induct to allow abrahams piety of his goods to be so lavish ; but that it stood better with his wiser thrift to have offered once , and no more , to his priest a tenth of the spoyles , out of that so renowned a victory ; if there be any such that can be found ? such a foundling , for my part let him have his will : for once to the theology that is municipall wee le endeavour meekely to subscribe ; that onely of the spoyles , and of nothing else , but of these onely , a tenth part was onely imparted : as by the moncke of the order of cleroborus it hath beene onely said , so be it ; that what abraham gave was of onely spoyles , meerely spoyles : if onely so , what then followes ? in so saying , this divine solus , he did not prejudice the priests right , but onely of the patriarch , from the well-knowne zeale he doth detract : he onely delivers to the world abraham to god-ward , to have beene pitteously penurious ; that of his dues to religion he was a niggardly micher , that he was an abraham clunchfisted ; and all that this way went , he thought it onely ●aste ; that the good child iudas that he did , he did learne of his father abraham , i quorsum perditiohaec ? not at all from melchizedec he doth withdraw . for once then , in this pinching sparing , scraping wise , let it be admitted ; that abraham gave a renth of nothing but onely of the spoyles , which at such a time he got at such a battle : but withall then let it be admitted what saint chrysostome hath left ; for indeed he sayes k {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : and we say so too : if you will , let the father say , that onely with the spoyles : for , doth he not say in that famous homilie de autolico made to the legists of praedonia ; there , doth he not say there that abraham was the first who put in practice modus decimandi ? be it so then , that saint chrysostome sayes that onely with the spoyles , which abraham brought backe , he gratifyed melchizedec , but then of this holy father the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} we would have you to take home unto you : for saith he {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by his giving a tenth of the spoyles ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; hence , to all abraham is made a teacher ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . this abraham in giving a tenth of the spoyles , preacheth unto us , that as he , so each man else should give unto god , the first fauites of what hee gives unto him . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. of all which he did bring backe a tenth he severed for melchizedec : hence to all abraham is made a teacher ; now to no more we urge you , than from abrahams deed , saint chrysostome enjoynes : be it a tenth part onely of the spoyles that he got ; we presse you to no more , than onely to the rendring of a tenth part of that you get . thus the payment from the spoyles , melchizedec's dues it doth no way impeach ; for unto him as to each priest else , there was no more due than the tenth of all that did anew come in : of your latest incre●se , so much that yee should contribute , from abrahams fact this it is of the golden-mouth'd greeke that is requir'd . and therefore now to proceed , your duty , sute it should with his practice ; of all that you get bound it is to the giving up of a tenth part . for l decimas nostras annis singulis decunctis frugibus , pecoribus praecipit erogand●s dominus . of all fruites , of all cattle , each yeare the lord commands a tenth to be given out . and m de omni substantia quam deus homini donat decimam partem sibi servavit , for himselfe god keepes the tenth of all the substance which he gives to men . n if we have sowne unto you , saith the apostle , spirituall things , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , is it a great thing if we shall reape your carnall things ? {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , your carnall things . o super hoc debitum , upon this debt of returning things carnall for receiving things spirituall , saith aquinas , doth the church ground its determination for the paying of tithes . omnia quae homo possidet , all that a man hath sub carnalibus continentur , under carnall things it is contained : and therfore de omnibus possessis , it is inference , of all that a man hath , hee must pay tithes . de p fructibus & quasi fructibus omnium ●erum quae quodam modo nobis sunt frugiferae : of fruites and of each thing fruite-like , that bringeth in increase ; omniumquè negotiorum lucrosorum : vnto your priest , the manifest of your subjection it must be from all your affaires , whence yee have your gaine . q {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . out of the very fruites of his very labours these dues abraham raised for his melchizedec . r neque est ratio : neither is there any reason since all that is yours , comes under things carnell , why of some of these you should pay tithes , and not of others . of the trade then that any of you drive , thence it is to your priest in this matter that your obedience ye must make good ; of each one from each thing righteously got , thence heavens quota pars . with abraham he gives not tithes of all , who is conscious of any one thing to the keeping backe . therefore , s si decimas non habes fructuum terrenorum quod habet agricola . if of fruites of the earth ye hand tithes as the husbandman ; yet quod cunque te pascit ingenium , whatsoere craft sustaines thee , inde decimas expetit , unde vivis ; our tenths are to be demanded whence ye live : courtship , campe , or barre ; shop or plow ; all in these are alike ingag'd . t be then thy gaines from the earth , that is thy possession , or from the very labours of thy very person ; if of thy paines thou findest the fruites , thence with a tenth melchizedec must be served ; in these matters of your travaile tithes followes the successe ; nor of what sort of calling the tithepayer be , so a lawfull , upon that religion does not stand , but to all that a man gets its dues it doth extend : for as of abraham , so of each man else that which he hath obtained , it is titheable : even those minutula , things which in themselves are little worth , and seeme of no account ; as rue , annise , cumin , yet of these for tithe no omission , u these ye ought not to leave undone . for though in his x singula , of these each severall may seeme of little or no moment , yet omnium cumulus , in their heape and saile , they may amount to much : now that cannot but stead the priest which to the owner is advantageous . it is a tenth then , and a tenth of all that is sub manu , which of the priest is the portion . y let him that is taught in the word , saith the apostle , communicate to him that reacheth in all good things . here is a text for you of london : men much addicted to him that teacheth , but nothing to the priest , to melchizedec ; for you then ; what we heare of you it is no good report ; in the businesse that we are now about , it is too well knowne that ye deale double . therefore ( in the behalfe of the curates of london , to keepe close to that taking device of the incomparable selden , and withall to bring you to your duty ) that he who teacheth may be provided for of sufficient living : we advise you that ye doe not deceive , and your selves be not deceived , for god is not mockt . for him then whom ye would have , your teacher ; what for him that teacheth , ye are commanded to set aside , somewhat it is , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in all good things . now as a z right reverend of our owne hath it , this all of saint paul , in all good things ; no other it doth insinuate , than the al of which we have hitherto treated ; naught else but abrahams all : it would that you of the city , as well as those of the country should impart to him that teacheth in all good things , one part in tenne . for attend ; as christ in our text must be honored , so are ye to communicate ; now the tenth is that which he receives , and the tenth is that which ye of london ought to give . for otherwise than the priest takes in all good things , should we allow ye to contribute . we should make saint paul to the galatians thwart and clash with saint paul to the hebrewes : but , my beloved londoners , no such matter ; since the text that 's loose , is to be bound by the text that 's strict : what then in one place in all good things , he leaves unlimitted , that is to take quantity from the place that doth determine ; the scripture tith'd , is to be the rule to the scripture which is unti●hed : and so , the part in our text christs right being a tenth ; it remaines in the behalfe of him ; as abraham , so yee citizens to him that teacheth , ye should ensure your subjection in all good things of a tenth , by the communicating . of tithes touching the extent thus stands the case : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in each kinde it ought to be a tenth part of all comming in . but here we rest not ; all is not all , unlesse as abrahams all it be de praecipuis , of all the most chiefe . abrahams all , which for the quantity was the tenth ; that too for the quality of all , it was the most principall . ii. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; the tenth of all than any of the other nine parts , was m●ch were choyce : for this terme {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a the apostle useth to extend it to all ordinary tithes of encrease ; b and unto that eternall duty of paying tithes it will fetch in the best and principall of mens possessions . hence then we urge ; each one of this duty whiles he is in the performance , of each parcell that he offers unto a diligent survey : in these matters not to deale with god hand over head ; but as for himselfe in every thing he would that which is most singular , so in point of tithe to be as studious ; not to set apart that for him who receives with which himselfe can not away ; to the priest no offering of that , which so it be gone , we care not much who hath it . such dealings as these they ne're stood with the fidelity of abraham . god who c found his heart faithfull before him , for the choysenesse of that wherewith he ministred to his priest , no doubt but he found him very solicitous ; to give that which did more excell right industrious . he who lov'd so much what was of little or no value for his priest , a meete present he could nere thinke it : but what in honour to his melchizedec he did performe , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} no other from abraham could proceed than of the chiefest even a tenth . ye may then beleeve me , to pay his saviour with his trash to his beleeving soule it was abhorrent ; nay rather , his tenths though nere so precious , of what they should in his owne esteeme , did they not faile ? indeed , to give tithes of any thing , no matter what , so it be a tenth ; it denotes a feare had to him who doth command , but of the sonne not the feare : the son-like feare , if this way a worke ; for the sort 't is dainty , it severs , and culs , and pickes , and weighes , and chooseth that which is most pleasing for him who hath its reverence , its love puts its god before it selfe in each part of its substance . as then in all morall duties it fares with each agent , so with him who tithes it . d {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . tithing aright hath a strong and most especiall regard to the minde and purpose of him that offers ; that hee doe it out of a willing and ready disposition , with all strength of affection : which neere so well appeares as when his subjection to him that lives savours of all his soule ; as when his tenths shewes that for his redeemer , he thinkes nothing too good ; when the tenth of every thing is better than that which he reserves for himselfe ; and his owne profit is put behinde his dues to religion ; not ought more worth , and that no present for the priest : in a word , when a man gives a bare tenth , he gives of his goods , but he gives himselfe whom his tenth gives up the best . now whosoere doth thus , doth no more than to what he stands bound . e out of all your gifts , optima & electa cuncta ; ye shall offer , saith the text , of all the best thereof . f righteous abel , ex primogenitis & pinguissimis ; unto the lord hee-brought the firstlings of his flocke , and of the fat thereof . on this offering of abels , will ye heare saint chrysostome to descant ? thus then he g {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : unto the lord meerely o his sheepe abel did not bring : but what ? {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , of the first of his flocke , he ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that is , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , of those that were prize-worthy , of the delicate ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : and after that out of those firstlings which were choyse , againe did abel select the choyser . now did abraham in his oblation come behinde the pious abel ? non h devilioribus , he , sed de praecipuis ac melioribus dedit ei decimas . to give unto melchizedec the refuse of his store , it nere stood with abrahams piety . he , whose lord had long afore his heart , in his tenths unto him he could nere be heartlesse ; but what he payd with a deale of care he did all ; not set apart he , and of what not fore thinke ; but what was of most esteeme he did first discerne , and then let it goe ; with a busie eye bee over-lookt all ; but naught his priest he did assigne , but what for worth the rest did overtop . abrahams tenths , they were {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the richest of the spoyles , the most liking of his cattle , the purest of his gold , of his silver the most refin'd . for i abraham , as the letter hath it , was very rich in cattle , in silver , and in gold . touching the matter then of this present duty how much it is ? that it is decima a tenth ; and too , a tenth of all , ye are not ignorant : but as for the manner , how good it must be ? the apostle tels you that it must bee {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the prime , something more surpassing in that kind any of the rest ; this at least it must be : but whether ? to put that to the question which indeed is out of question . as it is then , whether nothing so good ? of all whether it should be the best ; looke you to that ? such as is your offering , such is your devotion ; if ye faile not of so much as you are commanded , for you give a tenth ; yet render not so good as ye are able : k {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; with all the heart , as ye should , doe ye love the lord your god ? if in what ye tithe , ye give christ what is good , yet in that kinde keepe backe somewhat that is better , above all , is christ then , is he preferr'd before all ? l cui meliora , ille melior . that 's better than god , for which is reserv'd a better thing ; and whiles of your estates ye returne him the common stuffe , no affection it denotes but what 's common ; sleightly serv'd he , and as sleightly priz'd . in your tithes then the choysenesse of what you bring ; what reverence ye bare him who receives , hence is the lively evidence : in religion cold and frozen , nay dead is that soule , which could set out his gleanings , and withdraw his sheaves ; make shew of the gudgeon , but to conveigh away the salmon ; that hee might gaine-say his timber would flatter you with the chips ; when he should pay the pearle , doth very frankely set downe the pibble . but not so abraham , of what he made up his tenths , of that he was curious for the kinde ; god was first in his soule , and too first in his possessions ; still the best that a man hath , it is for his service , who hath the best of a man . naught too deare for god , if once in our better part , we are indear'd to him : tithes then cannor but be de praecipuis , unlesse in our selves the high priest be ende praecipuus . thus did abraham , and ye must no otherwise : his tenths they were of all , and of all the most choyse ; your duty of no other stampe ; of your encrease the tenth of all in each severall , and in each of all no other than the chiefest . of ●i●hes this the condition , when abraham tith'd it to melchizedec ; so much they were , and in such a manner to be deliver'd up : and in this matter at this day no change : for the old honorary , the old clame , since no priest now , but the priest of old ; when your priest than abrahams priest he is no other . m iesus christ the same yesterday , and to day , and for ever : it was gospel then , it is gospel now , therefore the same tithes , since the very selfe same priest ; there being no other priest , there needs no honor of a new edition : so that your dutie 's not a whit altered ; his dignity being full as fresh , he as great as he was before . to him then even in these times by tithes the same subjection holds firme ; in that in office he the same continues : that , which unto us and all that come after us brings downe the why institutive ; it is of tithes the why durative : for the awefull reverence , which by this tribute abraham shewed to the greatnesse of the priest ; why at this day it must be observed , it is at this day of the priest from the endurance . in the very way then of abrahams payment , we come now to the reason for which tithes are to be continued ; for touching your duty , wherefore in conscience to render these ye are obliged , and that we have authority upon the perill of your soules to command the fulfilling ; in the text the ground , of the priest is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : of your obeying and our enjoyning , the life it is the warrant ; for , he who receiveth tithes , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of him it is witnessed that he liveth : of the priest the life , why tithes are now due it is the quare ; and of the three quaeres as the last proposed comes to be considered {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that he l●veth . iii , on {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . helives , and he lives a priest , for under n this notion it is , that we are to present him to you ; and in the kinde you wot of , why abrahams duty to abrahams children it should descend ; the grand quaere is ; not in that simply belives ; but because he alwayes lives a priest . what then is of notice most especiall , why tithes still are your debt ; of his life it is the diversity of consideration : which is to be set before you either primitivè or dispensativè . first primitive , ye are to behold it , as christ , he who lives for your eternall profit , puts it into action ; and so , this his life , being unto you the life of a priest ; hence it is that in the first rise unto him , from you tithes are due ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in that for you he liveth now a priest . secondly , this his life is to be weighed dispensativè ; as the melchizedec's here below have the manageing of it , to discover what pretious fruites doe accrue unto you from this his life ; it being a life for your spirituall good , wholely behoofefull : and this is the quare why of the gospel the now priests , they of tithes are among you made the receivers ; it is because the word which they bring , it is the o word of life : for thus , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . &c. of him it is witnessed that in them he liveth . what then in the first place warrants unto him abrahams performance to be your service , it is in that . primitivè and in se , in his owne personlie l●ves a priest : and no meane motive this from all christians for the pleaded-for subjection , if but duely thought on : when this priest , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in that he lives ; it is to pray , and p for the transgressors to make intercession . q if any man hath sinned , saith saint iohn , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , wee have an advocate with the father , iesus christ the righteous . for , r who is this but hee who hath engaged his heart to approach unto the lord ? in respect then of him for the abidance of tithes , this the quare : in that in himselfe a priest he lives ; even now to be our spokesman , to pleade , and sue out our pardon , to reconcile and set us at one with him , whom our sinnes hath set at oddes . s {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : it is for us that he is at this present , the mercifull and faithfull high priest , in things pertaining to god : when none of us without this life that dares deale above ; that can goe to god , and yet goe without christ ; who is it that can appeare an offender before his iudge , and not provided of a satisfaction ? would a release of his bonds , and neglect the life that payed the ransome ; stands in neede of mercy , and yet t for the lords sake does not petition it ? behold then the life i set before you this day , and of the priests clame , yeeld to the iustice ; hence in abrahams way , ought ye not to apply your selves to abrahams subjection ? for as to abraham , so to you he lives a priest ; this his life in your behalfe he wholely employes it ; where he is , the manageing of your affaires altogether takes him up : on {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that he liveth , as a good priest should he abides our suitor , and that thither we may come whether he hath ascended , for this he lives to request the father . prayers then hee doth offer up , and in u this a priest : but this is not all at which wee are to looke ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that he liveth and intercedes ; but too , the sacrifice , we must regard , x which he did once when he offered up himselfe : since this also in se , as in himselfe he is a priest , it is to be considered . that then y for our transgressions hee was wounded , and bruised for our iniquities ; as ever , so now , z this is that which makes him a powerfull orator : when from the redemption that he wrought , is the life of his intercession ; the strength of his interpleading , it is from the dignity of his merit ; from his passion , of his prayers , is the prevalency . so then , for the point in hand , ye see upon what warrant we ground the urging ; this homage of yours what now commands ; but that in which consists your blisse eternall ? from that which of the gospel is the very pith ; ab evangelii evangelio , from the life of a saviour , hence the now quare : his priestly being is the why at your hands this service why now he must receive ; from a perpetuall benefit , it is that the bond is perpetuall when for us it is in se , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that a priest be liveth in himselfe : for our sakes , it is that the deity is still solicited ; to appease the wrath that we have provokt , this the cause that before justice eye his precious sufferings are still set ; that the remembrance of his fore-past chastisement this priest renues , t is to effect our peace ; and now powres out the desires of his soule for that onely which wee all desire . yet further ; that which addes to the worth of this his executing his priestly office ; and so , unto you makes the enforcement the more strong ; it is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that now he lives a priest enthron'd : for , a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : into heaven it selfe he is entred now to appeare in the presence of god for us . therefore , all his doings ye are so to construe them , as of his infinite glory they sute with the present condition : weighwell ye should of the now priest , the now state ; an all-glorious life it is of an all glorious priest . christs then b pro humanâ naturâ rogasse ; at this day his mediating for us , no other it is than in the statelinesse of his divinity his taking to him our nature ; and thus , in his owne person having assum'd it , in our behalfe what he will he obtaines of this by the presenting ; all things then to him are granted , not from the submissenesse of his desire , but upon the knowledge of his desert ; as a supplyant he does not now crave , but as a conquerour he procures . what i say ye may beleeve , when c we have such an high priest , who is set , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : on the right hand of the throne of the majesty in the heavens . to his clame then unto the debt we preach for , ought ye not to have regard ? when this priest though he liveth so d highly exalted ; yet in naught fallen from his office ; but the priests worke , it is still his e non otiosum gerit christus sacerdotium : from the businesse due to the priesthood , though he be in heaven he is not discharged ; but for your heale it is that even there , he abides a priest all-sufficient : since , f he is able to save , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to the uttermost them that come unto god by him , seeing hee ever liveth to make intercession for them . the remission then of your sinnes ; unto a better hope , the acceptance of your persons ; for your time of being here , your priests plighting of his word for your upright abearing ; upon his owne backe his taking of your load ; his fulfilling whatsoere you faile in ; of his now being the now majesty : in a word , all that the gospell reveales touching this priest , all serves but to make the continuing quare the more weighty ; that yee may be the more easily induced by ●ithes to evidence your submission . thus , to the sonnes he that lives being the same priest that he was to the father , abrahams dues , that they should be your debt is it any more than right ? g christus iesus catholicus pa●ris sacerdos . he being of his father the catholique priest , is there any reason that he should be denyed a * catholique subjection ? according to that he receives , of all is it not necessary that there be rendred to him one and the same obedience ? since as for abraham so for all , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : of him it is witnessed that a priest he liveth : from him quà priest , there flowing an universall good , unto him ought there not to be returned a duty universall ? of tithes for the permanency in this manner stands the quare , in regard now of the right primitive : in se , he who receives , as he is in himselfe if beheld ; ye finde unto you {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that he liveth still a priest : and therefore for this cause it is by tithes your allegeance unto him ye ought to make apparent . but yet , in the spring head and ascent upmost , though his they are : yet as he lives otherwise , than in himselfe a priest , so too , for the lasting of tithes , an other sort of right , his life it doth produce , a right derivative ; when . dispensativè ; in a second way wee told you , that in those he lives to whom of this his life he hath committed the dispensing . thus wee are fallen upon the point wherein wee are to discover how to tithes the now priests of the gospell they lay clame : when tithes not onely primarily as they are owned ; but too , secundarily they are to be treated on as they are assigned : indeed it is in heaven that the receipt is ratifi'd , though the payment nere were but upon the earth ; ye give here to the hand , what 's there due to the body . now then , to come to those to whom tithes sub evangelio are to be deliver'd : of these touching the endurance to handle the quare as it concernes us . the reason why also tithes are our dues , for these in a surer way we cannot lay the ground , than in the text upon the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : since to the now melchizedec's , of the priest , of christ here {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , of all their labors it is the life : that which makes us bring h glad tidings of good things unto you , is it not in that with this life we come fraught ? for i {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : of life unto life we are the savour ; and our now charge k it is to stand and speake to the people {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : all the words of this life . hence then it is that we receive tithes , since of his life , the saving benefits effectually to impart we are enabled : for their worke sake here below to the melchizedecs , of the gospell the now priests , l whose it is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to them this honour , hence it is that they have it warranted ; the priest lives in them to communicate his life ; and of his living priest-hood these sacred annexa in them he receives . but that we may take the whole scripture which concernes this matter along with us ; it doth well be seeme us in the old way to set our footing : and so , it is our duty to set before you of melchizedec and of aaron the quare ; that from their why for ou●constant receit of tithes , we also may fetch our why : which may so be done , and yet of the priest from the life we not all together turne aside . what then first of . melchizedec was the quare ; that which was the reason wherefore of this standing tribute , he was daigned the honour ; the cause was a benedicendo : from the blessing , which on abraham he did conferre . melchizedec m blessed him saith the text , to whom also abraham gave a tenth part of all . now then , marke ; if melchizedec of the patriarch upon his n blessing did receive tithes ? in his way in the behalfe of us for the same debt is there not the same cause ? since as he to abraham , so we to all that are of abraham doe impart the blessing ; o even the blessing of the most high god possessour of heaven and earth . this blessing we dispence ; which is no other in the richnesse of it , than the life of him , of whom in the text it is witnessed , &c. for the quare then , why unto us of melchizedec tithes the endurance ; there being from us naught now but the same blessing , what should be to us , if not the same subjection ? when whose at this day is the very office , is not theirs too , the very rights , tithes ? for melchizedec blest , and p eo nomine , of a tenth part of all he was made partaker . to the same purpose then that by abraham these dues were given to his priest ; the same end in your rendring of tithes it ought to be observed : now to him the tenth it was assigned to set out how great a priest he was . and for our parts , since we are to you , q {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . in stead of him that liveth ; and naught doe , but r {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in the person of christ what we doe ; and if anywhere received , s as iesus christ we are to be received ; and since , t servatores sumus , we are the saviours that come up on mount sion : this being considered ; as tithes did from abraham to melchizedec , so from you being payed ; are they not to demonstrate of our callings excellency , your dreading approvement ? in respect then of each particular duty , our high function enjoynes , these are to ensure your obedience unto us , who have u the rule over you . to this tithes serve , that to the world they may declare , what great men they are , who now are evangelicall priests ; in that the honour which for himselfe priest-christ commands , to us he vouchsafes , his tenths , in token then of your submission to our authority , of all encrease , of all your substance the best in tithes is to be imparted : when melchizedecs superiority doth follow the charge of melchizedec ; the life which in the blessing of melchizedec , was the very creame , the life of the priest , this is the blessing we bring : with the bread and with the wine ; with the body and with the blood : with an {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , we come . from melchizodec then unto us for the continuance of tithes we inferre the quar● : being enjoyned his taske , this the why in dis even so hath the lord ordained that they should live who preach the gospell . e {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . in matter of maintenance the apostle does not bring in , any new , strange , unheard of thing , he innovates nothing at all ; with a new egge of his owne addling hee does not present the corinthians : but the old practise upon former precept to be continued that it is ordain'd this he preacheth . the power that he had f to eate and to drinke , it was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , even so , as that of levies , who g to take tithes had a commandement . touching those then who sub evangelio officiate for him , of whom it is witnessed that &c. aarons portion why their pay ye have the quare ; the stile of the now law warrants it to be according to the law afore ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to be no other than even so . thus looke which way you please ; to the subjection due to melchizedec , or to the maintenance owed to aaron ; to hoc fac , or to crede hoc ; to the h law of faith , or to the law of workes ; to the rule by which ye are justifyed , or to the line by which ye are sanctifye ; of these take which ye will ; and of the priests life the now dispensers , of these rents how they authorized to be the takers up , ye will easily discerne . or , if either of these plea's the now priests should let goe ; yet in the text a hold they have impregnable ; when out of all danger of assault is : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , of the priest the life : of a right then unto these dues , i {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , those who unto you are the stewards of the mysteries of god ; of a title unto tenths , these they can nere faile , unlesse our text faile : keepe then to this , and keepe up tithes : when this assures you of an {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} there , where tithes are ever to be received ; for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} there , in the priesthood of the gospell , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . there he receiveth them , of whom it is witnessed that he liveth . and here , to our discourse a period it might be put ; but that other things are yet behind needfull to be observed , as first , . all this while , by the text what 's received , and what 's payed , it is but tithes , than a tenth , 't is no more . therefore , as if this portion were too exceeding ; or that , in the requiring of these we went beyond our commission , that ye may not repine , or what we write with a head hung downe entertaine : we are further to acquaint you , and as the troth is deliver it ; that to the now priests of the gospell , k tithes to be the least of that which justly they may clame ; but a very pittance of that greater summe in which ye all stand engaged . indeed if we looke at scriptum est , and jus strictum in respect of a part determined ; than a meere , a bare tenth , no more can be chaleng'd : but if the worth of that we bring were it possible to value it ; how little then of that great deale ye owe would a tenth prov ? for consider , thus much , tithes , the christians gave who were afore the law ; and those who were under the law payed tithes , all which had the priest that lives in a promise onely , and in a figure ; so much as this they imparted , and all upon the beleife that he was to come : now that he is come , and l in giving of himselfe hath freely given all things unto us : to be return'd than the wonted tenth whether there be no more ? judge ye . in this matter to your selves i doe appeale : does not nature teach , that the better ye are used , the deeper ye are obliged ; and such as is the fare , such should be the pay ; and that a more abounding crop , should follow a more plenteous sowing ; and that we should receive in , according to that we have laid out ? bethinke your selves ; in the brest within , have ye not a thing that to this beares witnesse ? but to keepe to scripture : for the legall priests then , if first fruits and tithes , and what not were due to those , whose m service stood in ordinances that were carnall ; and all that they did , tended no further than n {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to the purifying of the flesh ? if of such the ministery had so ample an endowment ? then to him o whose blood from dead workes is able to purge the conscience , that ye may serve the living god : to him , i say , in his now priests , can a tenth be a taxe so intolerable ? p {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . if under the old testament such doings there were as these , then much more should there not be under the new ? this quantity of levies order , to set out the excellenty it was apppointed , whose worke was but the q ministration of death ; and to those of our rule , whose is the ministration of the spirit , to us than a tenth shall there be due no more ? our priesthood then as it is r natura praestantius , dignitate eminentius , ita usu fructuosius . as in its nature that of aarons it doth farre surmount , and in its exercise being farre more fruitfull , and in that we of the gospell come loaded to our people with better commodities , and farre more precious than those of the law : this being so , in your offering to us , your reverence how should it exceed that of israel ; how outstrip that ? quis pudor est christianos qui debent majora , non solvere paria ? oh the fhame ! that christians who owe more , should nere be found to returne so much . what shall we say ? did not the scribes and pharisees pay tithes of all that they possest ? now s except your righteousnesse shall exceed the righteousnesse of the scribes and pharises : — from what followes god defend ; but except your righteousnesse , &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ye shall in no case enter into the kingdome of heaven . deceive not your selves ; of these miscreants the righteousnesse how doth yours t exceed ? if in that ye are ever peccant wherein they were never guilty ? u qnomodo superabis eum , cui non aequaris ? in this duty if these yee doe not aequall , that ye goe beyond such when will be the time that it may be found ? of the scribes and pharises ye are yet to learne ; these though too bad , yet to teach you truely to 〈◊〉 it wondrous and sufficient : of your profession is not this the blot ; that to scribes and pharises ye should be to go to schoole ? now then , if it be tithe , and more than a tithe to which the now priests have now right , . what warrant then for that unwarrantable competency that every where is in practice ? or what conscience will allow you to abide by a mouldy custome fetcht from time out of minde ? or for your teacher to thinke that right meete which comes from the raw discretion of an upstart vestry ? or what ground is there for a x be unto me a father and a priest , and i will give unto thee ten shekels of silver by the yeare , &c. y have not our fathers eaten sowre grapes ; and the childrens teeth are they not set on edge ? as if the now priests were the accursed progeny of unhappy eli. z doe they not come and crouch for a piece of silver ? and for their putting into one of the priests offices ; for the most part is it not the end , vt panis frustum , that they may eate a piece of bread ? when tithes which were ever due , they are now no where paid . 't is in the text a priest & tithes ; of the blessing upon abrahams receiving , of these is abrahams rendring . to the goodwill then of the many no referring of the priest for that which must sustaine him ; and upon the hearing of the man , no giving accordingly as you like him ; and amend his pay , thereafter as he mends his preaching ; for if in your wifedomes he chance to improve his talant , perhaps he shall be considered for it : or if for his bigger preferment he can hire out himselfe for more , then to trucke it with him for his longer tarriance : as if , he who lives should not all this while receive tithes ? or for those who of his gospell are the setters forth he had no way provided ; onely their allowance he hath so left it , that nothing's theirs but what it pleaseth you to give . now is this the honour that ye doe your priest ? a thirty pieces of silver , a goodly price that i was prized at of them : ye know full well of whom t is said . in the name of god then , from the beginning of the world to this praesent time , and ever after ; from the bond of tithes have ye had a generall acquittance ? that concerning the worship due unto your priest , ye are so sapinely negligent ? it is witnessed that he liveth ? and here on earth must he be so abased ; that those who negotiate for him must stand to your good liking for what they have ? naught receive , but what wherewith to part ye thinke fit ? was this the awefull regard that abraham bore to his melchizedec ? that ye should handle your b instructours in christ , as ye doe those who have the charge of your bounds ? the man now in the stable , and him in the church betweene one and other is there any difference ? for what must keepe them , both alike doe they not rely onely upon that which your owne inventions have imagined behoovefull ? the kitchin and the pulpit doe they not worke as you and they , thereafter as ye have agreed ? as if tithes had nothing to doe with conscience ; nor god ere call to a reckoning , of this sacred revenue for the vile unhallowing . so long then as ye heare of a tenth , and of one who lives tithes to receive , so long as ye have tidings ; so long know it is not left to you to dispose of the priesthoods dues according as you last : but that it is yours first to quit you of your debt , and then to talke of your gratuity ; till ye have perform'd your bounden duty , let alone your benevolence : if what ye owe , yee faile to pay , with a largesse of the n'one comming to d' of god , nere dreame ; nere build upon a piece of selfewilled charity , till in what justice would ye have satisfied your priest , in his tithes . indeed a freewill offering it may not be denyed , that to the now priests it is due : and over and above your tenths that much more ye owe , we grant it to you : for , except your righteousnesse exceed , &c. we confesse too , that the overplus which to render ye are enjoyned , in respect of a fixt , a set part , in this ye are left to your owne liberty ; as a tenth ; so more than a tenth is necessary upon praecept ; but than a tenth how much more ye ought to give ? in regard of you this is the matter onely arbitrary ; to your owne power , ye are to be refer'd to define of that which must exceed ; free in this ye are at your owne choyse for the muchity to offer to your priest . seriously but weigh this , and will ye not finde it damnable and deadly to your soules ; when to the prejudice of tithes , to carve as ye list to your melchizedec ye nere feare to presume ? for whiles by contributing lesse than a tenth , of your debt ye fancy the discharging : what doe ye but run more upon the score , and make your burthen the more grievous ? in diminishing the summe , ye adde to your disobedience ; and eternally undoe your selves in impoverishing the priest . to draw to an end ; on your parts , what then remaines now , but to the . priest , c ut honorem debitum deferatis ? naught but of your faithfull service this humble tender ; that in paying of tithes , as tithes require ye make good your subjection ; it is true , with a great deale of goods ye must part ; but too ye must doe it with a great deale of submission : because ye enrich the man , by no meanes your selves exalt . the priest fares well , and indeed must : d yet for the fliece never a whit beholding to the sheepe ; because of the parish sustained , he is not therefore brought under of the meanes ye have it is that he lives , but not of you ; at the peoples hands it is that he doth receive , yet on the people it is not that he doth depend ; but onely thence his livelihood , whence his office . e {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for the worke of the gospell it is that he is appointed ; and too , not of those he teacheth , but that he live of the gospell it is ordain'd . f ipsa naturalis ratio hoc habet , ut quis inde vivat ubi laborat . this of nature 't is the dictate , that of each one thence be the support , whence is the ground of his employment . ye give then , and ye give to him ; yet what he receives , 't is that which of you the gospell clames ; the duty which ye owe him , 't is for the service which he doth it . hence of the priest your obeying ; by your substance his subsisting doth not make you his good masters ; but in what he takes , in that ye declare your selves debtors . in the behalfe then of the priest that ye are put to charges . non g est mendicitas , sed potestas . in this ye relieve not his penury , but beare witnesse to his authority ; in so doing , ye doe not helpe his wants , but yeild to his power . it would be his sinne then to crave , that which of right he may command ; and in you a foule fauli to expect his asking , when 't is your duty to deliver up . for so long as your tithes yee doe with hold , so long of your priest from the dignity ye doe withdraw ; ye lessen his reverence , in denying his maintenance ; and make him little , in keeping from him tithes which should make him great ; whiles ye defraud him of his portion , ye avile his function ; ye h rob and steale from god , in depriving him of his goods . it is high time then to betake you to your charge , and of this debt in the performance , as it would thereafter to demeane your selves : ever remembring that this way whiles ye advance your religion , your obedience thereunto ye doe but anew testifie , and that all is for the honour of your priest , when this part ye doe so devoutly dedicate ; to make apparent his praeeminence over you , to this it is that tithes they were alotted : for that which made melchizedez greater than abraham , was it not tithes ? to shut up all : i onely exhort you of these to the payment ; ye have a priest who lives to receive , and whom may ye better follow than him whom yee have for your father . abraham , he paide tithes of all , and the best of all in honour to his melchizedec : now , i if ye were abrahams children , ye would doe the workes of abraham : what he performed that of you it is required . therefore , k quicunque recognoscit in se quod fidellter non dederit decimas suas . this of saint ambrose 't is wholesome counsaile . whosoever among you doth acknowledge that in matter of tithe he nere dealt faithfully : modo emendet quod minus fecit : now , let him now amend that of which afore he fell so short . quid est fideliter dare decimas : to give tithes faithfully wherein doth it consist ? nisi ut , nec minus nec pejus aliquando deo offerat . but that to god of whatsoere ye have , ye offer neither worse nor lesse . abrahami actio , est nostra institutio , abrahams action , t is our instruction . march . . . imprimatur , tho. wykes . errata . pag. . line . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . l. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . p. . l. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . p. . l. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . p. . l. . court , or ship ; p. , l. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . p. . l. . who in . p. . l. . best ? that p. . l. . receit . p. l. ult , their b medium . p. . l. . through . p. . l. coining . margin . pag. . c non dici po . p. . promissio . p. . art. i. p. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . p. elocatarum . p. . episc. p. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . dion . carth , gorran . p. ● {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . finis . notes, typically marginal, from the original text notes for div a e- a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . oecumem . h●● . b hic ponitur terita ratio quae talis est . ille qui semper vivit major est eo qui ●o ●●ur . sed sacerdotes vet. testam. erant mortales , non sic autem melchizedec . ergo major est , & sacerdotium ejus majus est sacerdotio levitico . lyra hic cum filii levi sint morientes & iste vivens , apparet quis sit praeserendu● . anselm hic . c hic ver. . d psal. . . non dici potest leviticum sacerdotium subintrasse ut cessaret illud melchizedec . occurrenseni ▪ apostolus declaravit melchizedec , esse vitae insolubilis pontificem . leviticum igitur sacerdotium subintravit post promissem , non ad abrogandum illud melchizedec , sed ad ●oborandum potius & illustrius reddendum . le● eo modo 〈◊〉 promissionem patrinostro abrahe factam subintravit ut non evacuaret promissionem , sed ut legis in utilitate cognitâ clarior fieret promiscia . erat enim sacerdotium non secus ac ipsae legis promissiones ; videlicet non spirituale sed carnale sacrificium , non ex ore altissimi , sed per os mosis secundum mandatum carnale . catharinus in priorem partem hujus capitis . f hoc ideo additum est , ●e videatur posterior le● ( ut moris est ) priori quic quam derogasse . eucipi enim al●●qui poterat , jus illud quo cl●m potitur ●rat melchizedec , esse jam obsol●tum , qu●● aliam legem deus per mosen tul●sset , qua illud tran●●●rebat ad levitas ▪ sed occurrit apostolus cum dicit ad tempus decimas levitis sol●tas suisse , quta semper non viverent . melchizedec , vero qui immortali●●it retinere usque in fi●em ▪ quod a deo semel illi datus est . calvinus h●c . g iob . . h rom. . . i hic ver. . k rev. ▪ . l contestatur ; so . scriptura , ut anselmus , lyra , dion . carth , cajetan , catharinus , estius , iust nian , lodovic . ●ena , cornel. a lap. hic . vel ut al i contestatur , i. mecum testatur , vel contestatur , idem in multis locis contestatur . gen . psal . hug. card. gorran . ibid. m {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; chrysost in ver. . quidecimas accipit sacerdos est . catharin . ubi supra . sacerdotis est proprium decimas accipere . salmeren in ver. . tota decima● perceptio , est sacerdotum propria ludov. tena . in ver. . * gen. . . n chap. . . o hic . ver. . p ●u●abraham id est fidelis dat decimas omnium . gloffa ordinar. in ver. . q franc. sylvius in aquinat . . . quae . . act. . r hic ver. . s see the right reverend lord bishop of norwich against selden . chap. . pag. . t grace de primitiis frugum . nam {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} significat principale quod est in frugis cumulo , id quod est in vertice cumuli , &c. et regrediens triumphator abraham , spoliorum optima quaeque in dec●mas obtulit melchizedec . michael . de palacio in ver. . u {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . theophylact , in ver. . non constat {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} exuvias significare , & si constar , &c. dris prideaux orat . de decimis . num. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} socrat hist. ecclesiast . lib. . cap. . x ex supra dictis vidistis qualis fuerit melchizedec sed nunc intuemini quantus sit hic , id est quantae dignitatis , sanctitatis , & perfectionis , &c. anselmus in ver. . y chrysostom . ipse abraham nullo modo decimas alienigenae dedisset , nisi plurimus et excellens ejus authoresso● . ambrosius . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} oecumen. abraham 〈◊〉 alie●igenae decimas non dedisset nisi excellentiorem esse sciret . anselm . abrah . decimas non dedisset , nisi ●o major fuisset . dion carthus . iste melchizedoc tantus est , quod ipse abraham pater sacerdotum regalium & totius populi dedit ei decimas . cajetan ut priores in ver. . see the lord bishop of norwich . p. . ipsa decimarum oblatione abraham minorem se melchiz . professus est . estius in ver. . z abraham dans decimas melchizedec , hoc ipso confessus est se illo esse minorem , & hoc ipso se illi subjecit . cornel. a lapide , in ver. . a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . oecumen. in ver. . iudai non dedissent sacerdotibas decimas nisi propter excellentiam sacerdotum , quam ex divina ordinatioue habebant . dion carthus . ibid. omnes hebraei in subjectionis fignum subministrabam & levi●is & sacerdotibus decimas . mich. de palac . ibid. in lege populares sacerdotibus levitici generis tanquam majoribus decimas persolvebant , quâ ration● populus ille fatcbatur sacerdotes esse cujusdam excelsioris dignitatis . iustinian . ibid deus jussit omnibus iudaeis etiam levitis ut decimas darent sacerdotibus aaronicis , volens hac ratione honor are ac praeferre sacerdotes . cornel. a lap●de , ibid. b tanta erat sacerdotij excelleatia , ut qui similes essent honoris progenitoribus , & enudem haberent progenitorem , tamen ut multo meliores essent fratribus suis quo sacerdotio digni effi●erentur . ambros. chrysost. theodor . ans●lm . glos. ordin. hug. card. in ver. c vi habent anselm . lyra. hugo cardin , estius , iustinian . gorran . co● . a lap. &c. in ver. . d rom. . . e oecumen in ver. . f offerre decimas alteri fignum est subjectionis & inferioritatis . ludo . tena difficul . prim . in hoc cap. decimas persolvere certum est symbolum ejus subjectionis cui nullam parem homines hominibus debent . probat apostolus hanc decimarum oblationem signum esse subjectionis ab ex●mplo levitarum , qui a caeteris tribubus hoc veluti tributum ex mandato dei accipiant , quod ultro abraham melchizedec obtulit . bezae majores annotat . in ver & . g scultet . in ver. . quod melchizedec sacerdoti primarius dei servus & propheta abraham obtulit decimas , eo confessus est honoris gradu supra se excellere . calvin in ver . h quod abraham dea debebat propter partam victoriam , deo s●lvit per manum melchizedec . salmer in ver. . quod debebat abrah . deo , solvit in manum melchiz . decimarum ergo solutione se minorem professus est . calvin . ut ante : i ioh. . . k cui non solum multas alias venerationes sed & decimas dedit abraham . vade maximus apparet & inestimabills magnitudinis , cui pater aliorum patrum decimas dedit , in quose longe inferiorem isso esse reputavit . anselmus . in ver. . l {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . chrysost. in ver. . occum . in ver. . & . m vnde 〈…〉 veritatis in christo majestatem . iunius lib. . paral. in hoc cap. n ioh. . . o hic . ver. . extensive qu● adres . p luk. . . q gen. . r {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . chrysost. . in gen. s deut. . . t chron. . . . u malac. . tobi. . . luk. . . x touching the extent of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , see the bishop of norwich against selden chap. . p. . &c. y decimas praedae atque victorie ambros. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . chrysost. praedae decimam theodoret. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . oecumen. z decimas omnie substantiae suae . isidor hispal . de omnibus re 〈◊〉 su●s dedit decima● . tost . in gen. . a bish. norw. pag. . b decimas omnium non solum frugum sed & praeliorum . hugo . cardi in ver. . de omnibus spol●is aut etiam aliis rebus . dion . cart. in ge. . c an de facultatibus suls , an etiam de spoliis hostium ? sic apostolus , heb. . . patri archa dedit ei decimas ex spoliis . a●●ui hit ver. . abraham recus●●it ex spoliis vel cor : igiam accipere . non ergo ex his dedit et decumas . respondeo disting●t●da sunt spolis . hostibus non solum praedam sodomiticam , sed & reliquam aliunde compilatam eripuit , quoniam castris penitus eos 〈◊〉 . ex sodomiticâ prada quicquam ac●ipere recusavit , ex coigitur melchizedec non dedit , quia non suam sed alienam duxit . hostium vero spolia 〈◊〉 dixit . ex his igitur melchizedec tribuit . pareus in gen. quoniam in lib. gen. recus●vit abraham quicquam de spoliis ex hostibus detractis , mirum videri possit quomodo ex manubiis dicimas obtulerit ? an abraham cum dixit , levo manm , &c non de 〈◊〉 spoliis , sed de ipsius regis sodomae bonis loquebatur , de exuviis omnibus qua ad se pertinebant decimas dederit melchizedec . iustinian . hic in ver. . d bish. norw. pag. . e 〈◊〉 vel quod video aliis platere , oblatio decimarum prasente rege nec contradicente facta est , atque ita , iis si●t dubio exceptis , ut etiam excepta sunt illa quae tulerant s●●ij abrahae , cuncta regi restituit . iustinian ut ante . de omnibua puta quae recuperaverat ca sis belle regibus . iunius in anal. gen. . videtur de suis rebue decimas dedisse ; nisi intell gamu● eum priusquamid diceret regi sodomorum ut ordo historia postulare videtur , has melchizede● obtulisse , ut postea decimis exemptis reliqua pradaprater id quod excipi voiuit abraham , restitita fuerit regi sodomorum . mercerus in gen. . de quibus rebus decimas abraham obtulerit melchizedec ? pro solutione notandum est duo genera honorum posse hic confiderari : primum eorum qua a quatuor regibus verisimile est accepisse abraham . quanquam sacra scriptura id non declarat : quoniam ad comple● entū victoriae sufficiens fuit declarare bona sodomorum fuisse recuperata . secundum genus est eorum bonorum quae quatuor reges a sodomis acceperant eisq abraham postea restituit ; & haec omnia verè sunt spolia . de quorum primis at pe●iera quod abraham decimas dedit . meliu tamen asserit c●jetanus de his omnibus spoliis decimas dedisse , quia hic omnia fuerunt ve●e spolia ill us victoriae , & ita melius salvatur quod gen. . dicitur absolute el dedit ei decimas ex omnibus . lud. tena difficul . in hoc cap. f bish. norw. pag. . piè & sancte abraham hanc partem deo dicatam excepit ip●e , quia plora poterat exeipere , deumque ex officio hac parte muneratus est . nam cum etiam juste & honeste sibi suisque mercedem servare potu●ss●t , ea liberaliter cesserat : tantum quod debebatur deo , de cujus potestate nihil volutt aut potuit cedere illud ex pretatis & religionis officio pralibavit sive praecerpsit iunius ut supra . g quod additur de omnibus dedisse decimas , id neutiquam ad praed most referendum . quia textus paulo post clare do●et neque cordulam neque corrigiam voluisse abraham a●cipere de prada cum offerretur a regibus . igitur particula ( de omnibus ) non ad praedam est referenda , sed ad f●cultates abrahae . luther in gen. . incertum est spoliorumne decimas an honorum quae domi possidebat ob●u●erit ? sed quia verisimile , non est liberalem suisse de alteno , & praedae decimam partem largitum esse , ex qua ne filum quid matting 〈◊〉 , potiut coniicio sumptas foisse decimas has ex propriis ejus fructibus . cal●mus ibidem . h bish. 〈◊〉 pag. . i mar. . . k {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} hom. . in gen. abraham decimas melchize . dedit , viz. omnium manubiarum quas secum ferebat : his sc. melchizedec secretis vicem 〈◊〉 rependit ; 〈◊〉 facto mortales omnes docet ut se gratos erga sacerdotes exhibeant , 〈◊〉 decimas omnium dent , qu● deus ipse 〈◊〉 : elias cretensis e catalogo dri● tilleslie an. l ambros ser. fer . . post . dominic prim . quadra . tom. m de grano suo aut de vino suo , out de fruct 〈◊〉 arborum , aut de pecoribus , aut de horto , aut de negotiis , aut de ipsa venatione sua . quia de omni subst &c. idem fer . . ut ante . vide doctris tilleslie catalogu●s , annis . . . . . . . . . . n . cor. . o de 〈◊〉 re est judicandum secundum ejus radicem . radix autem solutionis decimarum est debitum quo seminantibus spiritualia debentur carnalia , secundum illud apostoli , ad cor . si nos vobis seminav , &c. super hoc enim debitum fundavit ecclesia determinationem solutionis decimarum . omu●a autem quae homo possidet sub carnelibus continentur ; & ideo de omnibus decimae sunt so vendae . aquinas . . . quae . . art . . in corp. p si jus scriptum 〈…〉 . lessius . lib. . de iur. & iust. cap. . dub ▪ . q chrys●st in ver. . r carnalium nomine continentur omnia quae possidemus , neque est 〈◊〉 quare ex 〈◊〉 〈◊〉 praebeantur deci●●● , & non ex aliis . franc. sylvius in praed. aquinat . s si decimas non habes fructu●m ●errenorum quod habet agricola ; quodcunque te pascit ingenium , dei est ; & inde decimas expetit 〈◊〉 viv● ; de militia , de negotio ; de artificio redde decimas augustin . serm. . tom. . t sicut decima praediales debentur ex fructibus praediorum , ita personales ex 〈◊〉 personarum ; qui fructus sunt actiones & labores ipsius personae & l●cra illorum . suarez . lib. . tract , . de virtut . religi . cap. . num . cum non minus fructus nostrorum laborum sint a deo quam fructus terrae , non minus decet ut ex illis deum colamus quam existis . ibid. ca. . num . . u mat. . . vide dilegentius quomodo sermo domini vult fieri quidem omnimode quae majora sunt legis non tamen , omuti & haec quae secundam literam designantur . quod si dicas , quia haec ad pharisaeos dicebat , non ad discipulos : audi iterum ipsum dicentem ad discipulos . nisi abundaver●● justitia vestra plusqu . &c. quod ergo vult fieri a phari●●is multo magis & cum majore abundantia vult a discipulis impleri , quod autem fieri a discipu●is non vult , nec pharisaeis imperat faciend●● . origen hom. . in num. commendat deas haec sacienda ubi ait vae vobis scrib & pharis . cum ilico subjungit hecoport . facere . oporterigitur , & semper oportet quod deus oportusse testatur ; neque parvi-pendendum suit , aut erit unquam , quod deus vel furi fussit , vel factum , facientis devotione commendavit . e catalog . doctris tilleslie . an. . x licet singula in his videantur esse parva , & nullius aestimationis , tamen omnium cumulus magni aestimari debet , & necessarius vel valde commodus ad convenientem sustentationem ministrorum . rapinel de la torre . ●n praedicta aquin. disput. . y gal. . . . z cum hac verba audio , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : similis mini sonus videtur atque illorum ad heb. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; ut conjectura sit , nec illa levis {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} apostolum ad illud genes . recté illam {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} insinuare qua usus est abraham , fidei suae filiis per omnia ubi & quantum datur imitandus . quid si autem sic ? praeceptum illud quod vel optime consalit {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , antiquandum non est . ist●c autem quin sit sanctio de decimis dubium non est . per eam namque vera est , & ( si per vos liceat dicere dicam ) realis communio bonorum omnium , tum fractuum , tum fatuum , terrae , plantarum , animalium ; vos ipsi apud vos reliquam inductionem contexite . stipem ejus loco ponite , capite censionem , taxationem aedium : multi errores ; pars celatur , pars subducitur , ausim dicere {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} lancelot . epist. winton . de decimis inter opuscula posthuma pag. . intensivè quoad personas . a bish. norw. pag . b . . touching the divers modification of this word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . see this right worthy author . pag. . . & . bish. of chichest treat. of tith . chap. . pag. . graca vox {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} significat praecipua ; qua five de singibus , sive en spol●is deo offerri solent . estius in ver. . c neh. . . d chrysost. hom. . in gen. e num. . f gen. . . mal. . . . iude . g {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . chrysost. ut supra . h anselm . dion , carth. hug card. salmer . gorcan . &c. in ver. . i gen. . . k mar. . . l anselm . in ver. . m heb. . 〈◊〉 ▪ n quisest qui vivit ? ille factus est sacerdos in aternum secundum ordinem melchizedec ●ypum gerentis pontificis nostri , qui se metipsum obtulit hostiam deo placentem , non ex necessitate qualibet sed ex voluntate propriae potestatis : qui nihil morti debuit , ideirco pontificali sacrificio sui corporis omnium abluit peccata . ambros hic . bish. chichest. treat . of tithes . chap. . & . . o phil. . . p esay . : q iohn : . r iere. . . zach . rom. . . tim. . . apoc. . . s chap. . . t dan. . . u {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . oecumen. in ver. . x hic . ver. . y esay . , . iohn . . tit. . . pet. . . . ioh. . . gal. . . z officium intercessionis & redemptionis ita sunt conju●cta , ut dignitatē , virtutem , se● efficaciam intercessionis christi ex meritis . redemptionis pendere ostendat apostolm ad heb. c. . & . , chemnit . ex . am . concil. trident. de in. vocat . sanct. p. . col . . intercessio nihil allud est quam redemptionis applicatio , & continum quasi vigor 〈◊〉 apud deum concilians , &c. mediatoris nostri apud deum intercessio nisttur ejusdem satisfactione & merito : unde in sacerdota●i christi officio satisfactio , meritum & intercessio indivulso nexu conjunguntur . gerardi . loc. com . tom. de morte . § . , § . . a chap. . . b vnigenito filio pro homine interpellare , est apud coateruum patrem seip sum hominemdemonstrare ; etque pro humana natura rogasse est ean dem naturam in divinitatis suae celsitudine suscepisse . gregor. magn. moral . lib. . cap. . illa interpellatic christ . doctorum omnium vera assertione , non summissa est postulatio , sed ejus passionla quae semel suscepta , semel pro nobis in sacrificium oblata est , aeterna commemoratio , &c. rupertus de divinis officiis lib cap. . vide estium hic in ver. . c chap . d phil . . e estius ut ante . f hiever . . g tertul. lib. . contra marcion . cap. . * videtur totam tribum levi conferre cum melchizedec in hunc modum . cum levitis deus concesserit jus exigendi decimas , israelitis omnibus eos praefecit , licét en eodem essent omnes progeniti . atqui abraham qui omnium est pater sacerdoti alienigenae decimas solvit ; ergo omnes abrahae posteri huic sacerd●●i sunt subjecti . ita jus illud reliquit quod in fratres delatum est , in levitis . sed melchizeder , sine exceptione deus in omnes praesecit . salmeron in ver. . causam non reddit apostolus , ac si decimas ideo sacerdotes accipiunt , quod sint ex filiis levi , sed totam illam tribum consert cum melchizedes in hunc modum cum levitis deus concesserit jus exigendi decimas a populo ita israelitis eos praefecit omnibus , & si ex eodem parente essent omnes simul progeniti . atqui abraham qui omnium pater est sacerdoti alienigenaesolvit decimas ; ergo huic sacerdot ; omnes poste●i abraha sunt subjecti . ita jus leviticum particulare suit in reliquos fratres ; sed melchizedec sine enceptione summoloco statuitur ut sibi subjiciat omnes calvinuss . ibid. h rom. . . i cor. . . k act. . . l rom. . . m hic . ver. . . n quaero de jur● , quo jure ? non sacrificii , nullum enim obtulit . benedictionis ergo . coharent enim iste , benedixit melchisedec , decimas pendit abraham . i am assumo . melch. benedicenti debentur decimae . idem jus sub christo manet . qui id constare potest ? ex ver. . ad . heb. non sit {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . ius non transfertur nisi translato sacerdotia . atqui idem christi sacerdotium & melchizedec ( pro quo si opus est deus ipse jus jurandum interponet ) ps●l . ergo idem sub utroque jus . christo igitur debentur , in quo , & a quo , & per quem omnes benedicti sumus benedictus ipse in secula . quas aequum est ut illi christi nomine percipiant , qui christi nomine nobis benedicunt , &c. manet ergo sub ch isto decima●um jus . episc. winton . de decimis pag. . & . . o gen. . p tanquam sacerdos & propheta ordinarius benedixit illi . quo nomine etiam ab●a . illi decimas ex omn bus impertitus est , & ille ab co non dubitavit accipere tanquam fretus autoritate dei , & ex ea rite perfungens sacerdotis officio . iunius lib. . paral. in hoc cap. q cor. . . r 〈◊〉 . . s gal. . . luk. . . t obad. . u heb. . . e oecumen ●n cor. . . bish. chich. treat . of tith . chap. . pag. . chap. pag. f cor. . . g hic . ver. . h rom. . . i cor. . . k populus novae legis ad majora obligatur ministris dei quā populus vet. &c si dignitas ministrorum attendatur plus ila debetur quam ministris legis . cajetanus in praedict. aquinat . solut . ad dub . secundum populus christianus accepit a christo majora beneficia quam israelitae , ideoque ad plura deo obligatur , sylv. ibi . conclus . rat . . l rom. . . m heb. . . n . o . p {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . chrysost. hom. . in ephes. si is qui dat dim dium 〈◊〉 operatur , quanti erit is qui ne decimam quid●m praebet . e catalogo anno. . q cor , , r levitis jus decimarum . at ministerinm nostrum ut est natura praestan●●●● dignitate eminentius , ita usu fructuosius . et plura & majora populus noster a nobis commoda percipit ; debentitaque majora rotio siation dictat . quis pudor est christianos qui debent majora non solvere pavia ? vberiores fructus recipere possimus si ratio audiatur , tennior●s non possumus . episc. winton de deci . pag . s mat. . . t quomodo abandat justitia nostra plusquā scribarum & pharisaorum ? fi illi de fructibus terrae suae gustare non audent priusquam sacerdotibus primitias off●ranrant , & leviti● decimae separentur : & ego nihil borum saciens fructibus terrae ita abutar ut sacerdos ▪ nesciat , levites ignoret , divinum altare non sentiat origen hom. in numer . u exime aliquā partem reddituum 〈◊〉 , decimas vis ? decimas excipe ; q●anquam parum sit . dictum est enim quia pha●s●i decima● dabant , &c. et quid ait dominus ? nisi abundaverit , &c et ille super quem debet abundare justitia tua decimas dat , tu autem ●ec mille●imam das . quomodo superabis eum , cui non aequaris ? august . in psal. . tom . . x iudg. . . y ezek. . . z sam. . . a zach. . . b cor. . . c iudeorum imitemur e●ordia , ut sacerdotibus & levltis bonorem debitum deferamus ? . hierom. in cap. . malac. tom . . d {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . chrys. in cor. . homil. . e oecumen. ibidem . f ambros. g fecit ( d paulus ) securit castum evanglistam ( sc. timotheum ) &c. ut intelligeret quod necessarium sibi sume bat ab tis , quibus tanquam provincialibus militabat , & quos tanquam vi●e●m calturà excreebat , vel tanquam gregem pascebat , non esse mendicitatem sed potestatem . augustin . lib d●opere monachorum cap. . tom . . h malac. . . i iohn . . k ambros. fer. . post domin . prim quadrag . tom. . the cry of the oppressed from under their oppressions, ascending up to him, who will rebuke the oppressor and devourer, and deliver the innocent some of the sufferings of the people of god, called quakers, concerning tythes and oaths, &c. : by the branches which are a new springing forth of the remainder of the bitter root of episcopacy, which yet remaineth unplucked up in the rigid presbytery ... benson, gervase, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the cry of the oppressed from under their oppressions, ascending up to him, who will rebuke the oppressor and devourer, and deliver the innocent some of the sufferings of the people of god, called quakers, concerning tythes and oaths, &c. : by the branches which are a new springing forth of the remainder of the bitter root of episcopacy, which yet remaineth unplucked up in the rigid presbytery ... benson, gervase, d. . fox, george, - . [ ], [i.e. ] p. printed for giles calvert ..., london : . "to the reader" signed: g.b. "the grounds why tyths once commanded, are now denied; as also why oaths once used, are now laid aside" (p. [ ]) signed: ger. benson. with a postscript by george fox, p. - [i.e. ]. reproduction of original in yale university library. eng society of friends -- great britain. tithes -- great britain. oaths -- moral and ethical aspects. a r (wing b ). civilwar no the cry of the oppressed from under their oppressions; ascending up to him, who will rebuke the oppressor and devourer, and deliver the inno benson, gervase c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion the cry of the oppressed from under their oppressions ascending up to him , who will rebuke the oppressor and devourer , and deliver the innocent . some of the sufferings of the people of god , called quakers , concerning tythes and oaths , &c. by the branches which are a new springing forth of the remainder of the bitter root of episcopacy , which yet remaineth unplucked up in the rigid presbytery . presented to publick view . eccles. . . so i returned , and considered all the oppressions that are done under the sun , and behold the tears of such as were oppressed , and they had no comforter ▪ and on the side of their oppressors there was power , but they had no comforter . eccles. . . if thou seest the oppression of the poor , and violent perverting of judgement and justice in à province , marvel not at the matter , for he that is higher than the highest , regardeth ; and there be higher than they . london , printed for giles calvert at the black-spread-eagle at the west-end of pauls , . to the reader . reader , christ jesus the true prophet saith , beware of false prophets which come to you in sheeps cloathing , but inwardly they are ravening wolves : yee shall know them by their fruits , matth. . . and was ever such fruit brought fo●th in any age ? and in the of matth. he cryes woe to the hypocrites ; and they were such as devour widows hòuses , and for a pretence make long prayer : and was ever such devouring of the houses of widows ? therefore shall they receive greater damnation . and peter in his epistle , chap. . he discribes false teachers to be such as through covetousness , and with feigned words make merchandize of the people ; and was ever such merchandize made of the people ? now these and such like be the fruits of the corrupt tree , and of the false prophets , hypocrites , and false teachers : but the man of god doth flee such things , and doth follow after righteousness , godliness , faith , love , patience , meekness , i tim. . . and they who were ministers of christ , though they had power to eat and drink , i cor. . . the labourer being worthy of his meat : yet saith the apostle we have not used this power ; but suffer all things lest we should hinder the gospel of christ : for better ( saith he ) were it for me to die , than that any man should make my rejoycing vain : what then is my reward ? verily , that when i preach the gospel i may make the gospel of christ without charge , that i abuse not my power in the gospel , vers. . now these be the fruits of the good tree , and of the true ministers of christ , who saith by their fruits ye shall know them . now reader , with a single eye read the late practices , and some of the fruits of several of the most godly ministers ( as they are called ) in the northren parts of this nation : and let that of god in thee , which calls upon thee to do to all men as thou would be done unto , judge of them by their fruits , whose ministers they are : by their fruits ( saith christ ) ye shall know them : the true minister of christ he used not his power , to take what the power did allow him ; but thou shalt finde that many of these men who are called godly ministers , have not only used their power ( as they call it ) the law of the nation ) but abused their power , and in many particulars exceeded the law : the statute which speaks of treble damages , which is their power , which gives three pence for a peny , which is much , which were they but men , they would not exact , or take more than they call theirs : and were they christians , or ministers of christ , they would not seek their own , but every man anothers wealth , cor. . for the ministers of christ did not seek theirs , but them , cor. . . for the children ought not to lay up for the parents , but the parents for the children : but these have made themselves manifest by their actions that they are no fathers , they are so unnatural ; but cursed children as peter speaks of , pet. . . and now see the scriptures fulfilled and witnessed , which saith , call to remembrance the dayes that are passed , how that after ye received the light ye indured a great fight in afflictions , partly while ye were made a gazing stock , both by reproaches and afflictions , and partly white ye became companions of them which were so tossed to and fro , and such took joyfully the sooyling of their goods , knowing in themselves , that in heaven a better and more enduring substance was laid up for them : therefore ye despised ones , in whom , and upon whom the scriptures are fulfilled and fulfilling ; who have received the light wherewith christ jesus , the covenant of light and life , hath you enlightened , and in it believed ; cast not away your confidence , which hath great recompence of reward , for ye have nced of patience , that after ye have done the will of god , ye may receive the promise , i or yet a little while , and he that shall come will come , and will not tarry : now the just lives by faith , but if any man draw back , my soul shall have no pleasure in him , saith the lord , but ye are not of them who draw back unto perdition , but of them that believe to the saving of the soul ; in your unity is your strength , and in your faithfulness doth he rejoyce , who is one with you in his measure . g. b. the grounds why tyths once commanded , are now denied ; as also , why oaths once used , are now laid aside . tyths were a command and ordinance of god , and the first priesthood had a command to take tyths of the people according to the law , heb. . . but the first priesthood being changed , and the second priesthood witnessed , there is made of necessity a change also of the law , vers. . and the law being changed , and the commandment disānulled which the first priesthood had to take tyths , vers. . tyths of necessity must also be taken away . but it is said , that tyths now are not required as of divine right , but upon a civil accompt . to which it is answered , there is no law in this nation publick that doth give tyths , or require the payment of them to any parson , vicar , or minister , as they are called , upon such an accompt as civil . the law saying , tyths are due to god and holy church , hen. . cap. . and where no law is , there is no transgression ; and are not they unreasonable men , that require that which the law ( which is reasonable ) doth not allow ? and if there were such a law , how could that law be wholsom , which should set up that which christ jesus the king of righteousness hath disannulled , or write again , the hand-writing of ordinances which he hath blotted out , and to his crosse nailed ? and yet the servant in his place , and who in the house was faithful was worthy of his wage , which was according to the law , and till the time of resormation . but the son is free-born who the heir is , and abides in the house for ever , whose the inheritance is ; and his gift is free , and all who of his gift are made partakers , who is the son of righteousness , they are free indeed ; for freely they have received , and freely they give ( who so readeth let him understand ) yet subjection to every ordinance of man for the lords sake i have learned . for the earth is the lords , and the fulnesse of it ; and therefore if any in authority do take the earth , or any part of it from me , and give it to another , i resist him not , nor any other whom he shall appoint , for ye must needs be subject , not only for wrath , but also for conscience sake , for so have i learned christ , to submit my self to every ordinance of man for the lords sake whose the earth is ; but to put forth my hand to give that which is the lords ( over which he hath made me a steward , and me commanded with my substance to honor him ) i dare not for conscience sake , give that which is the lords to uphold that which he hath abolished and disannulled , for that were to his dishonour : and yet by reason of oppressions the multitude of them , the oppressed cry , and the lord will hear the cry of the oppressed . for because of swearing the land mourneth , jer. . . yet the servant of the lord swore in truth , in righteousness , and in judgement ; but in the house for ever the servant abideth not , but the son abideth for ever ; who saith , swear not at all , but let your yea be yea , and your nay nay in all your communications , for whatsoever is more than these cometh of evil : these things spoke jesus to his friends to whom all things that he had heard of his father he made known : but the servant knoweth not what his lord doth : the servant swore who abode not in the house for ever ; but the son who abides for ever , who doth the will of god , he testifieth what he hath seen and heard , and no man receiveth his testimony , who saith , swear not at all , but he that is of god , joh. . . and saith the beloved disciple , we have seen , and do testifie that the father sent the son to be the saviour of the world , but the world him hates because he testifies of it ; that the works thereof are evil , joh. . . he that receiveth the sonstestimony is come out of all oaths and strife the occasion of them , to the yea and nay in all his communications , and hath set to his seal that god is true , and every man alyar that denieth the testimony which god hath given of his son , as all do who are out of his doctrine ; but who abide in the doctrine of christ , their yea is yea , and nay nay in all their communications , and they do the will of god , who his commandments keep , and such shall never be ashamed , but freely they testifie to all of what they have seen and heard : and blessed are they that receive his testimony , in whose mouth there is no guile . and as to witness bearing to the truth , and of it before men , it is according to the doctrine of christ , matth. . . that in the mouth of two or three witnesses every word may be established ; and this was practised amongst the holy men of god , and amongst the saints as the scriputures of truth do declare , which were written for our learning . and of these things they are witnesses who have believed in him who is the light of the world , the true light which lighteth every man that cometh into the world : of which light he beareth witness , who is called ger. benson . a brief declaration of some of the oppressions and sufferings of those people the world in scorn calls quakers , in the nothern parts , who daily suffer the spoyling of their goods , and imprisonment of their persons , by reason they cannot for conscience sake pay tythes , and other customary dues ( as they are called ) oblations , obversions , easter-reckonings , mortuaries , and such like popish inventions ; so that they are daily drawn before the judgment seats , and required to answer the unjust demands of their accusers , upon their oathes , thereby endeavouring to ensnare them , who for conscience sake cannot swear at all , their souls being made subject to the commands of christ jesus , who saith , swear not at all , but in all your communication let your yea be yea , and your nay , nay , for whatsoever is more than these , cometh of evil . as likewise the names of several others , in other parts of the nation , who are sued for tythes . in the county of cumberland . graystock parish . richard peacock , for tyth of the value of s. d. had taken from him for richard gilpin priest of graystock , one mare apprized by those that took her away at l. s. d. john slee , for tythes of the value of s. had taken from him for the said gilpin , one brass pot woth s. the same , for tyth of the value of s. had taken from him for the said gilpin , five sheep worth i l. s. d. one of them being another mans . margaret slee widdow , and richard slee her son , for tyth of the value of s. had taken from them for the said priest gilpin , four sheep worth s. agnes buckbarrow , tho buckharrow , and rich. buckbarrow , for tyth of the value of s. had taken from them for the said priest gilpin , one steare worth i l. s. john mark , for tyth of the value of s. had taken from him for the said gilpin , seven pewter platters worth a s. the same , for tyth of the value of i l. s. had taken from him for the said gilpin , one milch cow , worth i l. ios. john todhunter , for tyth of the value of s d. had taken from him for the said gilpin , one brasse potworth s. the same , for tyth of the value of s. had taken from him for the said gilpin , another pot , and two pewter platters , worth s. tho. slee , for tyth of the value of s. had taken from him for the said gilpin , two stone of wool worth s. these were taken away by warrant from the justices , upon the oath of a man that lived five miles from some of them , and that knew not their goods , but swore what he heard reported . jo. bewley , for tyth of the value of s. had taken from him for the said gilpin , three brasse pots , and five pewter platters worth l. s. iohn sowerby , for tyth of the value of b. had taken from him for the said gilpin , one pot worth s. io: udall , for tyth of the value of s. had taken from him for the said gilpin , one brasse pot , and one pan woth s. d. richard peacock , for tyth of the value of l. d. had taken from him for the said priest , one horse worth l. tho. barker , for tyth of the value of s. d. had taken from him for the said priest , one horse worth l. iohn goodhouse , for tyth of the value of s. had taken from him for the said priest , one mare worth l. all these suffered by the said gilpin , who is a chief priest in cumberland , and a tryar of others . caldb●ck parish , richard hutton priest . william stalker , for tyth of the value of s. had taken from him by justices writ , for the use of the said hutton , two cows and two oxen worth l. s. richard williamsox , for tyth of the value of s. d. was imprisoned several months , and had taken from him , for the use of the said hutton , one heifer worth s. richard nicholson , for tyth of the value of s. which they say was due , had taken from him for the said priest , one cow worth s. iohn nicholson , for tyth of the value of s : had taken from him for the use of the said priest , one ox worth . s. d. tho. bewley , for tyth of the value of s : had taken from him for the use of the said priest , a cow worth s. iohn stricket , for tyth of the value of s. had taken from him for the said preist , one cow worth s. mungo ancock , for tyth of the value of s : had taken from him for the use of the said preist , one heiser worth s : d. iohn pattinson , for tyth of the value of s : d. had taken from him for the use of the said priest , one cow worth s. iohn askne , for tyth of the value of s. d. had taken from him for the use of the said priest , one cow worth s. iohn bewley , for tythes of the value of s. had goods taken from him for the use of the said priest worth s. richard banks , for tythes of the value of s : and s. of it in another priests time , had taken from him for the use of the said priest , pans , pots , and pewter platters worth s. thomas mark , for tyth of the value of s : had taken from him by a justices writ from london , for the said hutton , three cows and two oxen , worth near l. george rothery , for tythes claimed by the said priest , was cast into prison at carlile , and there lay for many months . and from several others was brasse , pewter , and other goods taken at under worth , and carried away at their own rating : these goods and chattle were taken and carried away by warrant from two justices , by which the priests servants entred into mens houses and fields , and took goods according to their own pleasure and carried them away , and the said priest caused some to be killed for his own use , and others to be sold , and the rest he kept . all these suffered by one preist . bolton parish , john forward priest . tho : porter , for tyth of the value of s : d : had taken from him for the said preist , or his farmers , one mare worth l : s : d. iohn wilkinson , for tyth of the value of s : had taken from him for the same , one cow worth s. iohn pattinson , for tyth of the value of s : had taken from him for the same , one cow worth ● : or above . iohn vvilkinson , for tythes prized to a s. by the priests tyth gatherers , who prized the like quantity in another mans hand but to s : had taken from him by them l. weight of brasse , and some pewter , and sheaves of big barley , a great part of that he had : with which injustice some of the justices were acquainted , but no relief could be had . uldale parish , henry fallow-field priest . william caipe . for tyth of the value of s : d : which the priest demanded , had taken from him by the constable and the priest servants , by a warrant from the justices , one mare worth more than l. tho : fell , for s : d : demanded by the priest , had taken from him by the said constable , and priests servants , one mare worth s. iohn caipe , for s : demanded by the priest , had taken from him by the said constable and priests servants , four sheep worth s. mathew caipe , for s : demanded by the priest , had taken from him by the same constable and priests servants , one mare worth l. tho : fell , for s : which the priest swore his tythes worth , had taken from him for the said priest , one cow worth more than s. iohn caipe , for tythes had taken from him brasse at the will of the said priest upon his own oath ; and the said priest had sued many more at the law , and here is the fruit of his ministry . iohn fell elder , for tythes of the value of s : had taken from him for the said priest , pounds of wool . tho : fell , for tyth of the value of s : had taken from him for the said priest , l : of pewter . iohn caipe , for tyth of the value of s : d : had taken from him for the said priest corn and sacks worth s. george scot , for tyth of the value of s : had taken from him three sheep . tho : harrison , for tyth of the value of s : d : had taken from him for the use of george tyball priest of skelton , one pair of cart wheels worth s : d. iohn bank , for tyth of the value of s : had taken from him for the said priest , one pot , one pan , five pewter dishes worth s : d. richard ireland of tho : close , for tyth of the value of s : had taken from him for the use of iohn jackson , priest of hutton in the forrest , one caldron , one pot , one beetle , one pan , two pewter dishes , a pewter sawcer , and one salt-seller , worth s : or more . mungo bewley , for tyth of the value of s : had taken from him for the use of lady fletcher ( so called ) one mare worth l . henry loathaise , was sued at the county court , by james steward priest of westward for a tyth pigg , he having a sow which had six piggs , and recovered s : for it , and a and a baliff came into the market and took a sack and one bushel of oates cumberland measure , worth s. james barne , for tythes of the value of s : had taken from him for the use of rowland nichols , priest of aiceton , corn and sacks to the value of s. and upwards . matthew kirkbride , for tyth of the value of d. being a very poor man , had goods taken out of his house worth s. for the use of john pattison priest of kirkbride . peter head of pardsey , for the value of s. had a horse worth l. taken from him . widdow head of pardsey , for tyth of the value of s. had two mares worth l. s. taken from her by a justices writ , for the use of iohn wind. mungo wilson of bugham , for tythes of the value of s. according to the rate of the town , had taken from him by warrant from two justices , one cow worth s. for the use of george fletcher called baronet , or his farmers . rich. whiney , for tythes of the value of s. as aforesaid , had taken from him by the said warrant , one cow worth s. for the use of the said fletcher or his farmers . will. allisin , for tythes of the value of s. as aforesaid , had taken from him for the use of the said persons , one cow worth s. anthony scrugham , for tythes of the value of s. d. as aforesaid , had taken from him , for the use of the said persons , one young colt worth s. james wilson , for tythes of the value of s. as aforesaid , had taken from him for the use of the said persons two oxen and one steare , worth l. s. or more . ellin emmerson , upon having but three geese , had one of them taken from her , for the use of george fletcher , called baronet . alexander stamper , for tyth under the value of s. had taken from him for the use of john salkeld of threapland , two oxen worth l. tho. walker , because he did not set out his tyth , had his whole crop of corn entred upon , and detained by the said salkeld , to the great disabling of him . leo fisher , for want of seven stouks of tyth bigg , had brasse and pewter taken from him , for the use of henry pearson , worth s. though the said pearsons servants , took nine stouks of oates more than their due . john fell , for want of one stouk of bigg , had brasse taken from him worth s. when the stouk of their own account , was but worth d. george rothery , after he had suffered near twelve months imprisonment , because he could not pay tythes , valued at but s. d. had goods taken from him afterwards for the said tythes , worth s iohn iredell , for want of nine stouks of corn , had oates and sacks taken away , for the use of gawen egglesfield priest of plimland worth s. lamphigh parish , comfort starre priest . will. bowman , for tyth of the value of s. had taken from him for the said priest , one cow worth l. s. d. and two pewter dishes more , worth s. d. lorton . tho. head , for tyth of the value of s. had taken from him by bayliffs by a justices writ , for the use of one iohn winder a tyth-monger ; two horses worth l. or l. which they keep , though they had taken the fourth part of the tyth before , and since he hath had taken from him for the said tyth , one cow worth s. wigton . will. pearson , for tyth of the value of s. d. had taken from him for the use of one called lady fletcher , one horse worth l. and for s. had a ketle taken away worth s. john richardson , for s , demanded for her for tyth , had taken away , one cow worth s. and some pewter dishes and yarne . graystock parish . john slee , for tyth of the value of eighteen shillings , had taken away one cow prised at forty shillings . the same , for twelve pence , had taken from him pans , pewter dishes , a small piece of pewter , and some wollen yarn , worth ten shillings . john mark the elder , for tyth of the value of seventeen shillings , had two cowes taken from him , prised at four pounds . john mark younger , for tyth of the value of twenty one shillings four pence , had taken from him one cow , one brass kettle , one pan , one plate , a cann , a pewter dish , and an ax , prised at fifty eight shill. four pence . john soverly , for tyth of the value of four shillings , had one table , and frame , and a chair taken from him worth ten shill. six pence . john todhunter , for tyth of the value of nine shillings eleven pence , had a load of oats and sack taken away , worth twenty shillings . widow buckbarrow and her two sons , for tyth of the value of eighteen shillings nine pence half peny , had taken away one cow , one brass pot , and a pan prised at two pound five shillings . john bewley , for tyth of the value of nineteen shillings six pence , had taken from him one horse worth two pound five shillings . widow slee and richard slee , for tyth of the value of eleven shillings two pence , had taken away two chaldrons , four pewter dishes , two pans , and a sack worth twenty eight shillings . thomas slee , for tyth of the value of seven shillings , had taken f●om him six pewter dishes , eight fleeces of wooll , and a bed coverled worth twenty shill. cuthbert hodgson , for tyth of the value of fourteen shillings , had taken from him one cow worth thirty five shill. john sowerby , for tyth of the value of fourteen shillings , had taken from him a mare well worth four pounds . caldbeck parish . john stricket , for tyth of the value of sixteen shillings , had taken from him one cow , worth fifty shillings . richard wilson , for a rate tyth of the value of one shilling farthing , had goods taken from him worth seven shillings . thomas hasken , for tyth of the valve of two shillings four pence , had goods taken from him worth six shillings eight pence . john hasken , for tyth of the value of twelve shillings seven pence , had goods taken from him worth forty shillings . john peacock , for tyth of the value of twenty two shillings two pence , had goods taken away worth thirty seven shill. george scott , for tyth of the value of fifteen shillings , had goods taken away worth eighteen shillings eight pence . john relfe , for tyth of the value of five shillings three pence , had taken from him as many sheep as were worth thirty shill. william slalker , for tyth of the value of eight shillings three pence , had goods taken from him worth twenty shillings . thomas mark , for tyth of the value of twenty two shillings four pence , had goods taken from him worth fifty four shill. john nicholson , for tyth of the value of twelve shillings eight pence , had goods taken from him worth forty shillings . richard scott , for tyth of the value of four shillings ten pence , had goods taken from him worth seven shillings . widow preslman , for tyth of the value of eight shillings three pence , had goods taken away worth twenty shill. three pence . thomas bewley , for tyth of the value of twenty eight shill. six pence , had goods strained worth three pounds six shill. thomas rickerby , for five pence half peny demanded for smoak passing up his chimny , had goods taken away worth two shill. six pence . other goods were taken from john pattison , richard williamson , and others , but the particulars we know not yet . brigham parish . william richardson , for tyth of the value of thirty shill. four pence , had one horse taken from him worth three pounds ten shill. henry johnson , for tyth of the value of thirteen shillings nine pence , had one horse taken from him worth two pound thirteen shill. four pence . john gill , for tyth of the value of thirteen shill. four pence , had one horse taken from him worth two pounds ten shill. cockermouth parish . richard nuckham , for tyth of the value of three shill. six pence , had a horse taken from him worth two pound thirteen shill. four pence . and also he had taken from him , two brass pots worth fourteen shill. six pence , because he could not for conscience sake contribute to repair the steeple house . deane parish . isabel head widow , for tyth of the value of twelve shill. had taken from her one cow , one heifer , and one stear worth at least five pounds , and for the like tyth this year , she had taken from her two mares worth six poundand above , these were taken by force of justices writs , though upon them no appearance was made , or judgement given . peter head , for tyth of the value of twelve shill. had a cow taken from him , and also a horse by colour of a justices writ , though no appearance or judgment was upon it ; for these and many other great and cruel oppressions , wilfrid lawson sheriff of cumberland ought to be called to accompt . christopher mauser , for tyth of the value of twenty four shill. ten pence , had taken from him for the use of patriciu● curwen , worth five pounds . caldbeck parish for richard hutton priest . thomas mark , for tyth wooll of the value of sevente●n shillings , had a horse taken from him worth fifty four shillings . the same also for other tyth of small value , had two ox●n and three kine taken away by colour of a justices vvrit , without appearance or judgement . john pattison , for tyth of the value of sixteen shillings eleven pence , had taken from him corn worth twenty five shill. six pence . richard scott , for tyth of the value of four shill. four pence , had two pair of shoes taken from him worth seven shill. four pence . john stricket , for tyth of the value of sixteen shill. four pence , had one cow taken from him worth three pound six shill. eight pence . thomas haskey , for tyth of the value of three shill , five pence , had a pair of cart-wheels taken from him worth seven shill. john haskey elder , for tyth of the value of fifteen shill. two pence , had corn & sacks taken from him to forty four shill. ten pence . william stalker elder , for the tyth of the value of fifteen shill. two pence , had corn and sacks taken from him worth twenty four shill. richard wilson , for tyth of the value of thirteen shillings , had a brass pot taken from him worth seven shillings . john nicholson , for tyth of the value of thirteen shill. four pence , had a cow taken from him worth forty shillings . john peacock , for tyth of the value of twenty shill , or thereabouts , had corn and sacks taken from him worth thirty shill. six pence . all these goods in caldbeck parish , were taken by warrant from justice barwis and justice fletcher , for the use of priest hutton . boulton parish . john pattison , for tyth of the value of twenty two shill. had one cow taken from him for the use of priest forward , worth fifty shill . john wilkinson , for tyth of the value of four shill. eight pence , had one cow taken from him for the use of the said priest , worth fifty five shill. penreth parish . taken from thomas midleton , one pewter dish worth three shill. six pence . robert dawson , three pewter dishes worth eight shill. peter tayler , two pewter dishes worth four shill. these were taken by an old priest , who was formerly ejected on pretence of easter reckonings . from robert dawson the clerk also tooke one pewter dish worth sixteen pence . threapland . thomas walker , for tyth of the value of twenty three shillings , had his barn locked up , and all his whole years corn seized upon , except nine bushels of oates which he had got out . and also a mare taken away under colour of a justices writ , though neither appearance nor judgement . richard robinson , for tyth of the value of thirty shillings or thereabouts , had goods and cattel taken from him worth twenty four pounds or thereabouts , by colour of a justices writ , without any due and legal proceeding thereupon . yorkeshire . james gurnel , for the value of five shillings tan pence pretended to be due to john wargent a priest ▪ and christopher wakefield an impropriator for tyths , had goods taken to the value of forty shillings , of which they returned back only two shillings six pence . robert everat , for the value of thirty one shillings , pretended to be due for tyths to robert brown and israel townend , and robert otter , had his horse taken away which was worth three pounds , which they got valued to fifty shillings and returned nothing again . john jayher , for the value of six shillings six pence pretended to be due unto thomas healey priest of haxey for tyths , had taken from him sixteen shillings four pence . alexander harland , for the value of three shillings pretended to be due to stother a priest for tyths , by order of two men in commission to do justice , was to have ten shillings , who granted their warrant to distrain for the same , and for that ten shillings they took away five sheep , and rendred nothing again . william sharp , for the value of sixteen shillings pretended to be due for tyths , and easter reckonings , as they called them , unto william cooper a minister so called , had a mare worth three pound six shillings eight pence taken away and prised to two pound thirteen shillings four pence , which being done , the said william sharp said he wanted sixteen shillings of his due , although the said cooper never answered him in the law . matthewr maire , for the value of fourteen shillings pretended to be due for tyths unto samuel pibard priest of owthorn , had goods taken away to the value of five pounds which they rated ●o fifty shillings , of which sum the bayliff said fifteen shillings remained , but was not received by the said matth. w. thomas agar , for the value of one shilling , one peny , pretended to be due for tyths unto william catlin priest of crambe and bart●n , had a mare taken worth four pound which they prised to three pound ten shillings , and took seventeen shillings for the said one shilling one peny . william thorpe , for the value of one shilling one peny pretended to be due for tyths unto the above said william catlin , had two cows taken which they prised to two pound out of which they took fifteen shall . six pence . robert bell , for the value of seven pence half peny , pretended to be due for tyths to the said catlin , had one cow taken , which they prised to twenty shillings , out of which they took sixteen shill. george matthew , for the value of two shillings , pretended to be due for tyths to the said catlin , had a horse taken which they prised to forty shillings , out of which they took nineteen shill. which was done by warrant from two men in commission to do justice . edward guy , for the value of two shillings nine pence , pretended to be due for tyths , and easter reckonings , as they are called , unto robert lowther priest of bentham , formerly called a malignant , had his goods taken to the value of thirteen shillings eight pence , and they said they must have more . richard guy , for the value of five shillings four pence , pretended to be due to alexander fetherston a priest , and for eight pence pretended to be due to william bells , clerk to the abovesaid robert lowther , he had a cow taken worth twenty seven shillings , and had nothing returned back . george bland , for the value of two pence claimed for tyths by the abovesaid robert lowther , had his goods taken to the value of sixteen shillings , and nothing was returned back : and for eight pence claimed by the foresaid william bells , he had also goods taken valued to fifteen shill. and nothing returned back . richard wickington , for the value of thirty four shillings eight pence , pretended to be due unto john norton a priest for tyths , had one horse , one mare , and two oxen worth eleven pounds taken and by them prised to six pound . john wilson , for the value of three pound ten shillings , pretended to be due for tyths to john silburn an impropriator , who valued the same by his son to four pounds four shillings , procured a vvarrant from two men in commission to do justice , for five pound six shillings , for which they took goods worth eight pounds fifteen shillings , which they valued to five pound ten shillings , and sold them for seven pound seventeen shillings eight pence , and returned nothing again . walter hall , for the value of thirty three shillings , pretended to be due to the said john silburn for tyths , which his son valued to be worth two pound thirteen shillings four pence , procured a vvarrant from two men in commission to do justice , for the sum of two pounds nineteen shillings four pence , for which they took goods valued by two indifferent men to seven pounds , and nothing returned . alexander harland , for the value of three pounds ten shillings , pretended to be due to john beamond priest for tyths , with two men more , was worth five pounds , whereupon two men in commission to do justice , gave order to pay six pound sixteen shillings , for which they di●trained two oxen , and one horse worth eight pound ten shillings , which they valued to six pounds . mich. simpson , a farmer of forty two pound in the year , was sued by charles kaine a priest , for tythes which happened of the said farm , which by his witnesses he proved to mount to the value of eighteen pound for one year , before judge parker at the assizes at york , which said judge gave judgment for trible damages against him , which comes to fifty four pound . william pearson , was sued by alexander metcalf , called parson of setterrington , for tyth which was worth about ten pounds , for which judge nudigate gave judgment for thirty three pound six shillings eight pence , of which nothing was abated . christopher hutton , for the value of four pound twelve shillings six pence , pretended to be due for tythes and charges to john pennil , priest of overhemsley , had two oxen distrained by warrant from two men in commission to do justice , which were worth seven pound , but by them valued at five pounds , of which they returned nothing back . jeff , nicholson , for the value of thirty four shillings pretended to be due for tythes unto lancelot hasel , titled minister of bulmer , had three fat kine driven away by colour of a warrant from two men in commission to do justice , worth eight pounds , which they valued to five pound ten shillings , and so sold them and never returned one penny . richard simpson , for one peny which william catline priest of crambe , proved due to him for tyth , distrained one cow worth forty shillings , which they valued to twenty shillings out of which they took fifteen shillings . john gothericke , for two pence which the said william catline , proved due to him for tyth , distrained one cow , worth thirty shillings , which they valued at twenty shillings , out of which they took fifteen shillings . john pickering , having four calven for which he offered the said will . catline what had been usually paid for such a number , which the said catline refused to take , demanding of him a tyth calfat four , which the said john pickering refusing to give him , the said catline summoned him before two men in commission to do justice , who notwithstanding ordered the said pickering to pay one shilling eleven pence which he proved due to him , and three shillings for charges . james cookson , for the value of seven shillings nine pence , which james williamson minister of crake proved before two men in commission to do justice , due to him for tythes , had a cow taken away worth two pound , which they prised to twenty six shillings eight pence , and restored nothing again . vvill . peart , for the value of twenty six shillings eight pence , which the said vvilliamson proved before two men in commission to do justice to be due to him for tyth , had two heifers worth three pound taken from him , and nothing restored to him again . volentine johnson , for the value of five shillings eight pence , which the said vvilliamson proved before two men in commission to do justice to be due to him for tyth , had a cow driven away worth two pound , which they prised to thirty shillings , and nothing did they render to the owner . josias cookson , for the value of twelve shillings nine pence , which the above named iames vvilliamson proved before two men in commission to do justice ; to be due to him for tyth , he had one heifer taken away worth forty shillings , and nothing rendred again . tho. scot . for the value of eleven shillings six pence pretended to be due unto leonard esh , an impropriator called , had goods taken from him worth six pounds , which they 〈◊〉 to five pound , and restored nothing to the owner again . thomas johnson , for the value of thirty four shillings pretended to be due unto james 〈◊〉 aforesaid , called minister of 〈◊〉 for tyth had a horse taken from him , for which he paid fifty two shillings before his 〈◊〉 was 〈◊〉 john walker , for the value of eighteen shillings four pence pretended to be due unto the above named williamson , for tyths , by order of two men in commission to do justice was ordered to pay twenty five shillings , which accordingly was paid to the said james vvilliamson . thomas thurham , for the value of sixteen shillings pretended to be due unto the above named vvilliamson , was ordered by two men in place to do justice , to pay unto the said williamson the sum of twenty three shillings , which was paid for him . thomas aldam , by the means of thomas rooksby priest of warmsworth , and thomas vincent of the same , was cast into prison at york the day of the d month called may , , and there kept for about two years , and six months , in which time both the said parties sued him at the law , for not setting forth his tyths , he then being in prison . and at the assizes at york , the said thomas rooksby procured a judgement from richard nudigate ( called a iudge ) against him for sixteen pounds ten shillings for the tyth of eleven acres of wheat , rye , and barley ; ten acres of pease and oates , and twelve acres of medow in one year , the ground being worth but about five shillings the acre rent in one year , and the said thomas vincent likewise procured another iudgement from the said richard nudigate ( called a iudge ) against the said thomas aldam at the same assizes for the tyth of fourteen acrees of wheat , rye , and barley , and twelve acres of pease and oates for one year , the sum of eighteen pounds six shillings , the land being but worth five shillings an acre yearly rent ; and the bayliff ( called henry worrel ) levied the same upon the goods of the said thomas aldam , and took four oxen , seven kine , one stear , and one heifer , which they prised and valued to thirty pounds ten shillings , and sold by the bayliff that distrained them , which goods were since valued by neighbours to be worth thirty six pounds , and the said bayliff after distrained one mare , and one horse of the said thomas aldams , which were prised to five pounds ten shillings , and for that sum sold to thomas broughton one of the apprisers , who made merchandize with the spoyler for gain , and so the spoyle of thomas aldams goods is about his house ; the mare and horse cost thomas aldam about eleven pounds , which they valued and sold for five pounds ten pence . richard tomliason , for the value of eighteen pence or thereabouts for tyth hay , had one mare taken from him worth five pounds . sedbergh , and thereabouts . thomas blaikling , for tythes of the value of twenty shillings three pence , had a horse taken from him worth three pound ten shill. edward atkinson , for tythes of the value of nine shilling three pence , had a mare taken from him worth about four pound . richard speight , for tythes of the value of five shillings eleven pence , had a cow taken from him worth three pound . anthony vvillan , for tythes of the value of fifteen shillings , had a horse taken away worth above three pound . thomas vvillan , for tythes of the value of ten shillings three pence , had a mare taken from him worth four pound . george mason , for tythes of the value of five shillings , had a horse taken from him worth four mark . thomas banks , for tythes of the value of nineteen shill. six pence , had a horse taken from him worth above four pound . all the obove named parriculars , were taken for the use of richard atkinson , iames burton , and iames tompson , within the called parish of sedbergh . craike parish , iosias cookson , for tythes of the value of seven pence half peny , had judgment given against him by two justices to pay ten shillings costs , and the value of the said tythes . iames cookson , for tythes of the value of ten pence , had judgement given against him by two justices to pay ten shill. costs , and the value of the tythes . iohn vvalker , for tythes of the value of twelve pence , had the like judgement given against him to pay ten shillings costs , beside the value of the tythes . thomas iohnson , for tythes of the value of four shillings eight pence haf peny , had the like judgement given against him to pay ten shillings costs , besides the value of the tythes . these were decreed to be payd to iames williams●n , priest of craike ; but what goods he hath distrained for the same , was not known when this was given in . westmerland . edmond w●i●wel , for the value of six pence claimed by priest greenwood of hutton chappel , to be due to him for one year and a half , had a horse taken from him , worth two pound eighteen shillings four pence . iohn sutton , for tyth of the value of twenty one shill ▪ claimed by iohn winter priest of clifton , so valued by the priests servant , was ordered by two justices , to have three pound seven shill. d . levyed of his goods by distress , and six shill. eight pence for costs , and had two mares taken away worth six pound thirteen shill four pence . john wilkinson , for tyth of the value of thirty shillings , given in by oath of one witness ; and john wilkinson his son , for tyth of the value of thirty shill. without other oath than the priests owa , had kine taken away from john the son worth twenty pound , for the use of iohn vaux , priest of great musgrave . john wilkinson , for tyth of the value of thirty shillings , so est●mated by the justices without other proof , was ordered to have two pound fire shill. eight pence levyed of his goods , for the use of the foresaid priest vaux , and a cow was taken away for it worth five pound , though a son of the said iohns tendered the money . iohn fallowfield , for tyth of the value of fifteen shillings , as the priests own witnesses estimated , had taken from him , for the use of peirce burton , priest of morland , by warrant from the justices , one of them the priests brother , one mare and a foal worth five pound , and the priest sent one to offer back eleven shill. eight pence , as the fellow that came said . henry lycock , for tyth of the value of two shillings , as was claimed , had taken away for the use of the said priest burton , one caldron worth eighteen shill. iohn tompson , for tyth of the value of sixteen shillings , so estimated by the servants of him that demanded it , had taken from him a horse worth fifty shillings , for the use of christopher lister , and the man that took the horse , sent word to iohn tompson , if he would not come and lose the horse , he might come and fetch more . william hebson , for tyth to the value of three pound nine shillings four pence , had taken goods to the value of seven pound , for the use of nicholas mawson . more taken from him for repairing the steeple-house , two shillings , his rate by sesse being six pence . william halme , for tyth to the value of twenty three shil. had goods taken to the value of forty four shill. more taken for six pence sesse , for repair of the steeple-house , to the value of two shillings four pence . thomas alexander , for tyth to the value of twenty pence , had goods taken to the value of five shillings . more , for three pence seffe for repair of the steeple-house , to the value of two shillings six pence . iohn smith , for tyth to the value of four shill. six pence , had goods taken to the value of eight shill. tho. wharton , for six pence sesse for repair of the steeple-house , had taken to the value of two shill. henry lycock , for tyth to the value of twenty six shill. had goods taken to the value of three pound . more , for tyth to the value of two shillings , had a kettle taken to the value of twenty shill. richard smith , for tyth to the value of five shillings six pence , had goods taken to the value of seventeen shill. iohn wilkinson , for nine shillings three pence , had goods taken to the value of twenty two shill. alice vvilson , for eight shillings , had goods taken to the value of sixteen shill. edmond vvhitewel , for four shill. six pence , had goods taken to the value of nine shill. annas tarne , for ten shillings , had goods taken to the value of twenty four shill. musgrave parish . iohn vvilliamson , for tyth estimated at thirteen shillings , had one cow taken away worth five pound , for the use of the priests farmer . iohn vvilliamsons son , for tyth of the value of thirty shill. proved by one witness to be due from his father , and other thirty shillings by the paiests own oath , had four cows taken away worth twenty pound , and nothing offered to be returned , and the cows driven away where the owner could never see them again . these were taken for the use of the said priest musgrave . laneasbire . robert vvidder , tho. leaper , robert stons ; these three being inhabitauts of the county of lancaster , were sued and run to an outlary in vvestmerland , having no knowledge of it till upon the outlary they were apprehended , and carried to lancaster goale , where they have remained above sixteen months ; the suit was brought in the name of ralph ashton stiled baronet , and thomas vvitherington stiled knight , for refusing to pay tythes to iames schoolcrof priest of caton . richard mires , because for conscience sake he could not pay tythes to tho. shaw priest of aldingham , was imprisoned in the goale of lancaster , and there remained many months . richard ashburner , for tythes of the value of twenty three shillings four pence , as the priest pretended , had a horse taken away worth four pound ; and for tythes of the value of twenty shillings , as he pretended , had taken away a cow worth fifty eight shillings four pence , for the use of tho. shaw priest of aldingham : and ten dayes afterwards , the said priest brought a writ against the said ashburner , and laid him in the goale at lancaster , where he has remained many months . john lawson , and several others , were sued by the priest of lancaster , and had their goods taken away and trible damages given to the priest . william greenbanck , for tyth to the value of six pound , or thereabouts , which by one james baleman and james whitehead , was sworne to above eleven pound , had goods taken from him for the use of thomas whitehead , called minister or parson of halton in lancashire , to the value of twenty two pound and upward . janet dickenson , a poor woman who hath nothing to live upon but her hand labour , who have farmed about one rood of ground , the tyth whereof was valued to eight pence , for which the said tho. whitehead sued her in the exchequer at westminster , to answer which suit she travelled near two hundred miles ; in which court he declared against her for tyth of twenty seven acres of corn and meadow . alice weodhead of clown in darby shire , for tyth to the value of twenty one shillings , had goods taken to the value of five pound . durham . iohn richmond , had cattle worth forty pound or thereabouts , taken from him by colour of a warrant from commissioners sitting at newcastle , as was pretended but never shewed to him , for the use of one vvildbore , who was long since cast out of the vicarage at heighington for scandal and insufficiency , by commissioners sitting at newcastle , which cattle were driven to durham , and there sold for twenty pound , and not one peny offered back , when the sum they demanded was but a small part of it ; and though the said iohn richmond ( knowing the said commissioners had no power to give any judgement for tythes to the said priest ) went to the sheriff george lilburn for a replevit , the said lilburn refused to grant it ; and thus they joyn hand in hand to make their oppressions remediless , yea even for those themselves call scandalous . vvilliam richmond , and thomas richmond , by the same illegal warrant , had cattle of a great value driven away for the use of the said ejected priest , though they were never served with the warrant . yorkeshire . thomas aldam , prosecuted in the common pleas for tythes by thomas rooksbie , a called minister of vvarmsworth , who lately had the spoyl of his goods . iames tennant , nichol . row , iohn metcalfe , prosecuted in the chancery for tythes . henry bayley , anthony wilson , sued in the exchequer for tyth . richard robinson , alexander hebblethwaite , iames corney , now prisoners in the fleet , because for conscience sake they could not swear about tyths , ionas smith , john somerson , now prisoners concerning tythes . thomas aldam , william ratliffe , anthony wilberfosse , william sikes , thomas scot , william simpson , michael simpson , gervase benson , edward atkinson , have been prisoners concerning tythes . lancashire . william greenbanck , ianet dickenson , thomas comin , thomas atkinson , iames taylor , richard rooper , richard britton , alexander rigg , iohn burrow , lawrence newton , george garnet , william pull , richard weaver , iohn wayman , william wayman . edward comin , gregory cockerham , sued in the exchequer for tythes . robert widder , thomas leaper , robert stout , richard ashburner , robert walker , richard mires , thomas hill , have been imprisoned concerning tythes . cumberland . iohn dixon , iohn fearon , iohn gill , matthew robinson , iames wilson , william richardson , sued in the upper bench for tythes . george rothery , richard williamson , have been prisoners concerning tythes . westmerland . william cartnel , richard sill , sued in the exchequer for tythes . iohn foothergit , william hebson , thomas atkinson , edward robinson , henry ward , thomae robertson , thomas wright , have been prisoners concerning tythes . durham . martin richmond , john richmond , john greenwel , will ▪ foster , sued in the exchequer for tythes . john richmond , nichollas pickering , have been prisoners concerning tythes . nottinghamshire . william cleater , now in prison in the fleet , because for conscience sake he cannot swear about tyth . robert mawlam , sued in the exchequer for tythes . glocestershire . walter clement , reynold williams , william watkins , walter summers , thomas hill , william wooley , thomas dooding , elizabeth dorney widow , mawrice smith , john taylor , william coxe , sued in the exchequer for tythes . buckinghamshire . richark marks , walter mabley , richard hunt , thomas harvey , sued in the exchequer for tyth . suffolk . george sherwin , william wawn , john smith , john simpson , sued in the exchequer for tyth . bedfordshire . james taylor , sued in the exchequer for tyth , hertfordshire . john blindell , sued in the exchequer for tyth . summersetshire . thomas darley , sued in the exchequer for tyth . wiltshire . david hale , john ioy , and charles barret , sued in the exchequer for tyth . oxfordshire . richard church , imprisoned for tyth . middlesex . richard davies , sued in the exchequer for tyth . robert dring , hath been imprisoned for tyth . iohn askew , is sued in chancery for tyth . kent . samuel fisher , abiezar boykin , sued in the exchequer for tyth . sussex . richard prat , sued in the exchequer for tyth . leicestershire . edward moggleson the elder , edward moggleson the younger , sued in the exchequer for tyth . norsolk . robert iacob , sued in the exchequer for tyth . these with divers others , ( whose names may hereafter be published , with the names of those by whom they are unjustly vexed , if they go on in their persecution of the innocent ; ) are sufferers for tyth as is aforesaid . clerks wages and repair of steeple-houses . ri●hard peacock , had taken from him one wooden vessel worth eighteen pence , because he could not pay twelve pence , which priest gilpins clerk demanded for wages , though he hired him not . thomas barker , had taken from him one pan worth one shilling , because he could not pay six pence , which the said priests clerk demanded for his wages . iohn mark , had taken from him one pan worth twelve pence , because he could not pay six pence , which the said clerk demanded , &c. iohn dixon , had taken from him five power dishes and one brass pot worth sixteen shillings , or more , because he could not for conscience sake pay ten shillings , which was demanded of him for repairs of a steeple-house . iames wilson , had taken from him three pewter platters worth seven shillings . mungo wilson , had taken from him one platter , worth five shillings . richard whiney , had taken from him two platters worth three shill. anthouy scrugham , had taken from him one pot worth two shillings three pence ; because for conscience sake they could not pay money towards repair of the steeple-house at brigham . william iackson , had taken from him six pewter platters , and one pewter cup worth nine shillings , because he could not pay money towards repair of a steeplehouse at lonswater . thomas flatcher , had taken from him one pewter platter worth twelve pence , because he could not pay four pence to the clerk of lowswater steeple-house . iohn tyson , had taken from him one pewter platter worth nine pence , because he could not pay four pence , which the said clerk demanded . william fletcher , for the like , had one pewter cup taken away from him . ioha pattisen , had taken from him by the clerk of boulton , one pan worth five shillings six pence . concerning swearing . richard peacock , because for conscience sake he could not swear , was fined at the county court by the sheriffs officers twenty shillings , for which the bayliffe took from him one mare worth thirty shillings , though he appeared at the court , and was ready to do any service he could . michael nicholson , because he could not swear , was fined , at the earle of northumberlands court , ( so called ) ten shillings , for which the bay list took away one sack , two sheets , two pans , and two pewter dishes worth seventeen shill. william pearson , because he could not swear being fined ten shillings at the county court , had taken from him by the bayliffs one cow worth about forty shill. the same william pearson , because he could not swear , was fined at the earle of northumberlands court , ( so called ) and the bayliffs took from him one mare and foal worth three pound . matthew kirkbride , because he could not swear , was fined at the sheriffs county court , for which the bayliffs took away the very bedding wherein himself and wife lay , she being big with child and near to be delivered , and some sacks , yarn , and corn , which they had provided for her maintenance , worth about thirty seven shillings , and left them not wherewith to cover themselves in the midst of winter , and sir wilfrid lawson ; ( so called ) the sheriff , being acquainted with it , and asked whether he would own such things to be done , and to his use , he answered yes , and that he should not expect to be remedied at his hands ; oh hard hearted and inhumane cruely ! iohn peacock , because he could not swear , was fined at the county court , the sheriff being present , twenty shill. for which the bayliffs took away one mare worth thirty shillings . iohn stenton , because he could not swear , was fined ten shillings , at the called earle of northumberlands court , at mashdale , by iames pearson steward , for which the bayliff took away two tanned hides , and half a bend , worth to be sold twenty six shill. hugh tickel , because he could not swear , was fined ten shillings at ullock court , for which one kettle was taken from him worth fourteen shill. thomas piele , because he could not swear , was fined at cockermouth court six shillings right pence , for which a brass pot , one pan , and a wooden vessel worth ten shillings , were taken from him . christopher wandsor , because he could not swear , was fined at wurkington court , twenty shillings , for the use of patri●ius carwen called baronet , for which his bayliffs took away one horse worth three pound ten shill. william stamper , because he could not swear at the sheriffs county court , was fined twenty shillings , for which one mare was taken away for the use of the said sheriff , worth three pound ten shillings . leonard scott , because he could not swear , was fined at the sheriffs court , and after he was dead , the bayliffs took away pewter , brasse , and iron for it , though all his goods fell much short of paying his debts , which his eldest son had undertaken to discharge . the aforesaid wilfrid lawson high sheriff , charged his bayliffs to return the names of those people called quakers , for jurers who were to answer at his court at i●ell , which they did , and there they fined some ten shillings , some twenty shillings , some forty shillings , and some other greater sums , as in particular , mungo scott three pound thirteen shillings four pence ; and some of the landlords threaten them with the forfeiture of their lands , which they hold of them by copy or customary tennant right , because they say they deny to do their suit and service ; and all this is because for conscience sake they cannot swear , and trangresse the plain command of christ , though any service for the good of the country they are willing to perform , and will be faithful without an oath ; and for the keeping of their consciences clear , though in the outward they be for the most part poor , yet with joy they can suffer the spoyling of their goods , and give their backs to the smiter . john fell , because he could not swear , was fined at io. dalstons court at vidale , and had an ewe and lamb taken away for it worth five shillings , tho. fell , because he could not swear , was fined at the said court , & had an ewe and lamb taken away for it worth s . d . io. caipe , because he could not swear , was fined at the said court , and had a sheep taken worth four shillings tho. fletcher , because he could not swear , was fined at wilfrid lawsons mannor court ( who is now the high sheriffe ) forty shillings , and for it had thirty one shillings four pence taken away . the same the next court after was fined for not swearing six shillings eight pence . he also the next court following was fined twenty shillings for not swearing : for these two later fines the said lawson caused his bailiffe to take away a great kettle ▪ and a web of white kerfie worth thirty six shillings . iohn dixon , because he could not swear , was fined at the said lawsons court , and another time for not appearing when he was in prison for the testimony of a good conscience , was also fined , and for which he had taken away one brass pot , and two pewter dishes worth sixteen shillings . durham . geo. burdon of easington , because he could not swear , was fined by the sheriff , and had thirteen shillings taken from him . and divers others for the same thing were fined in like maner . yorkeshire . richard robinson , alexander hebblethwait , iames corney , because they could not for conscience sake swear and give in their answers to the bill of complaint of richard atkinson of garsdale , iames burton of dent , and iames tompson being for tythes , were committed prisoners to the fleet by robert nicholas , and others the called barons of the exchequer , where they yet remain in prison . nottinghamshire . william cleater is now prisoner in the fleet upon the same account ▪ at the suit of one dove williamson , a called minister ; which said williamson had one of his leggs shot with a canon bullet , he being in one of the late kings garrisons . g. b. his queries concerning tythes , &c. . when there was no king in israel every one did that which was right in his own eyes , iudg. . was it so yea or nay ? . when there was a king in england , did he well in suffering divers of his subjects to be imprisoned without any cause shewed : and when for their deliverance they ▪ were brought before his justices , there to undergoe and receive according to the laws of the land , no breach of any law being proved against them , and yet they returned back to severall prisons without being charged with any thing to which they might make answer according to the law : and were they the kings friends that advised so to doe , yea or nay ? . whether did the parliament well to lay before him in the third year of his reign in the petition of right , that , and other things imposed upon his subjects , contrary to the lawes and their just liberties , as a grievance , and to desire from him , that all his officers and ministers should serve him according to his laws & statutes of his realm as they tendered his honour , and the prosperity of his kingdome : and did the king well when he said , let right be done as is desired , yea or nay ? . whether the statutes of england be a part of the law of england ? and whether is the law of england a rule in it self both for magistrates and people to walke by , yea or nay ? . whether the law of england be the higher power , or the judges and lawyers opinions , which may be gained for money ? and whether are the justices the masters of the law or the ministers of the law ? . whether he is subject to the higher power who lives and walks according to what the law requires ; or he that follows the opinions and inventions of men , when in plainnesse the law requireth one thing , and their opinions and inventions are another thing ? . whether is he a faithfull minister of the law , and fit to judge of mens lives , libertie , and estates , who writes one thing , and mean and does another , who takes an oath to judge according to the law , and yet quite contrary to the law commands mens persons to be imprisoned , and their goods to be taken from them ? . whether do the justices act according to the●r commissions or patents , who passe judgement against the peoples liberties and estates where there is no law of the nation to warrant such their judgments : but on the contrary the law of the nation saith in express words , it shal not be lawful for any so to do ? . whether is he the minister of god yea or nay , that feigneth or suggesteth a lie , or owneth or joyneth with such as he knoweth doth feign & suggest lies , to the end they may have a pretence or colour to draw people before their judgment seats ( which they call courts of equity ) which if the lies which is the foundation of many bills of complaint , were taken away , they then had no colour of action in such courts ; neither is there any law of this nation to warrant such actions , as is confessed in severall of their bills of complaints ? . from whence is that law , and for what end was it given , that is not equall ? and is that equal which is not iusts , ors equitys which is not lawfull ? . whether is the proviso in a statute , a part of the statute , yea or nay ? if nay , why was it inserted ? if yea , then they that act contrary to it , are convinced of it as transgressors . . whether were not the courts temporall and the courts spirituall two severall jurisdictions , and so accounted and adjudged by the late kings and parliaments of england ? and whether had not the late kings and parliaments power to make lawes , and to declare what was law yea or nay ? and was it not declared in expresse words by the king and parliament in the hen. . chap . that rights of tythes , oblations and obventions , the knowledge whereof by the goodnesse of princes of this realm , and by the lawes and customes of the same , appertaineth to the spirituall jurisdiction of the realm . . whether is the statute of the , , edw. . chap. . of force yea or nay ? if yea , is it not therein provided and inacted , that if any person do substract or withdraw any manner of tythes , obventions , profits , commodities , or other duties , or any part of them , contrary to the true meaning of the said act , or of any other act heretofore made , that then the party so substracting or withdrawing the same , may or sha●l de convented & sued in the kings ecclesiasticall court , by the party from whom the same shal be substracted or withdrawn , to the intent the kings judge ecclesiasticall shall and may then and there to hear and determine the same according to the kings ecclesiastical lawes , and that it shall not be lawful unto the parson , vicar , proprietory , owner , or other their farmers or deputie , cōtrary to this act ; to convent or sue such with-holder of tythes , obventions , or other duties aforesaid before any other judge than ecclesi●sticall , yea or nay ? if nay , then why are the people punished as transgressors of that law which is repealed ? and if yea , then why are the people convented and sued for with holding their tythes , &c before the temporall judges , and in the temporall courts , contrary to the said act ? . whether doth not he or they who give their opinions and make it their practice to convent and sue men in the temporall courts of this nation the people thereof for substracting and with-drawing their tythes ▪ oblations and obventions , &c. and say it is lawfull for them so to do , give the law the lye . and are these ministers of the law who gives the law the ly , who say it shall be lawful when the law saith it shal not be lawful ? are not such unreasonable men ? & do not such go about to make the law of none effect through their traditions , and set up for self-ends their own opinions and inventions in stead of the lay , yea or nay ? . whether is it not provided in the statute of hen. ●cap . . in these words , viz. provided alwayes that the last act shall not extend nor be expounded to give any remedy , cause of action , or suit in the courts temporall against any person or persons which shall refuse or deny to set out his or their tythes , or shall detain , with-hold , or refuse to pay his tythes or offerings , or any parcell thereof , but that in such cases the person or party being ecclesiasticall or lay person , having cause to demand or have the said tythes or offerings , & thereby wronged or grieved , shall take or have their remedy for their said tythes o● offerings ; in every such case in the spirituall courts according to the ordinance of the first part of this act , and not otherwise . and doe not such whether ecclesiasticall or lay persons otherwise , who sue people for tythes and offerings in temporall courts for the same , answer yea or nay ? . whether there is any transgression where there is no law ? and whether there is or ought to be any trebble dammage adjudged , where and when no tythes are due ? and if there be no law of the nation to warrant the temporall judges to try the right of tythes , the law saying that the tryall therof appertaineth to the spiritual jurisdiction by the laws & customs of the realm : then how can it be lawful for the temporall judges to give judgement in their temp●rall courts for treble damages , or any jury to find treble damage for not dividing , setting forth or not paying their prediall tythes , o● or for taking or carrying away the same before the tenth part of the same be divided or set forth , when there is no law of the nation to authorize them to heare or determine of the right of tythes who are temporall judges in their temporall courts . . whether do such justices and juries who act contrary to the aforesaid statute , or any other , tender the honor and prosperity of the nation , or serve the chief magistrate thereof according to the lawes and statutes thereof ? and if not , is not their crime as great as their predecessors , who suffered for such things ? and are not they inexcusable before god and man , who have condemned others for so doing , and now do the same things ? answer yea or nay . read and understand , weigh and give advice ye learned councell of the nation , as you are called , for according to your deserts will your reward be , whosoever of you these queries under your hands in writing shall answer according to truth , and return to any of the people called quakers . was there ever such merchandize made of any people since the world began as these fals teachers have done in our age before mentioned ? was there ever such oppression and such heavy burdens laid upon any people since the world began as these false priests and teachers have done in our age that the reader may find before mentioned ? have they not out stript all the burdens , all the grievous burdens of the pharisees which they themselves will not touch with one of their fingers ? was there ever such devouring , ravening by all the false teachers since the world began as these do in our age , which take a way the peoples goods , cattel , horses , sheep , oxen , platters , kettles , plow-geare , and what they can lay their hands on for a prophet , spoyling peoples goods , and making havock of them ; who can but say the measure of iniquity reaches to the full ? was ever people made a prey upon and devoured by the false teachers in all the ages past since the world began , as they are by the false teachers in this our age , which makes a prey upon the people , devours them , and treads upon them , that are fed , and eats the fat , cloaths with the wool ? was ever people so bitten wth , the teeth , and prepared war against since the world began , as they are in this our age ; who cannot put into the mouthes of the fals teachers , which brings the people all on heaps , who would pluck the skin off their flesh , and bite them with their teeth ; whiles they put into their mouthes they cryed peace unto them , but they are fallen in the night , whose doth appear oppression , violence , and spoyling the goods of people , hath not the hearts of the simple been long deceived by such , and doth not the folly of these now appear unto all men ? and are not manifest that have the love of money that teaches for filthy lucre , who pierce themselves through with many hurtfull lusts , who have the love of money which is the root of all evill ; which things the man of god must flye : marrk how many prisons have been filled in this nation by them for the love of money , yea how many have been prisoned to death , witnesse lancaster , colchester , york and exceter , such as are prisoned to death which the priests are raging against , was ever balaam so mad who loved the wages of unrighteousness , who was in the error , as are the teachers in this age , who are so greedy of gifts and rewards ; nay , if men will not give it them , they wil take it by violence , & summon them up into courts , upper bench , exchequer , chancery common pleas , to answer before the barons of the nation , and there cause poore men to come up ; these priests some for or shillings , some for less , two hundred miles poor labouring men , and thus they use them without any pity or compassion , and if they wil not pay them , takes their pots , or kettles , or platters , priest sends to take them away , or plow-gear . was ever the like heard in all ages since the world began ? are not these they that makes the gospel of the lord jesus christ chargeable ? and are not these things a shame to all christians , that their teachers should make such fruits manifest , nay their colleges at cambridge , where they make their ministers , have caused some to be cast in prison for not paying them their tythes . here the mother and her sons both make havock ; one was prisoned at york till he died for not paying tythes ; prisoned another to death by priest shaw , for not paying him tythes . now if these things doe not shame all christian magistrates and rulers , what will , that have not a feeling in them with these sufferers ? and if this be not a dishonor to truth and the gospel , what is ? and christ who sends forth his teachers freely as they receive so to give . now if you cannot see that you and such teachers are contrary to christ and his apostles , the god of the world hath blinded your eyes , and you are such as jeremy speaks of in the horrible and filthy thing , the priests bear rule by their means , and the people love to have it so : but what will you do in the end thereof ? never did so much nakedness appear in any age you read of , as doth in this age among them , which are not wotthy to have the name of teachers of truth , which generations to come will be ash●med of since the days of the apostles in this night of apostasie and darkness : hath the false teachers got up tythes , yea and of the people will have treble damage if they will not pay them , by whose means many come to lose almost their whole estates , having it taken from them for the priests . the apostle shewed that tythes were taken away , and the command disan●lled by which they were payed , and the hand-writing of ordinances blotted out . george fox . finis . the remainder, or second part of a gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the antient setled maintenance and tithes of the ministers of the gospel wherein the divine right of our ministers tithes is further asserted ... / by william prynne of swainswick, esq. ... gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the ancient settled maintenance and tenthes of the ministers of the gospel. part prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the remainder, or second part of a gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the antient setled maintenance and tithes of the ministers of the gospel wherein the divine right of our ministers tithes is further asserted ... / by william prynne of swainswick, esq. ... gospel plea (interwoven with a rational and legal) for the lawfulness & continuance of the ancient settled maintenance and tenthes of the ministers of the gospel. part prynne, william, - . [ ], [i.e. ] p. printed by t. childe and l. parry for edward thomas ..., london : . errata: p. [ ] and p. . reproduction of original in union theological seminary library, new york. "an admonition to all protestants": p. - at end. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tithes -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion errata . page . l. . r. luent , p. . l. . solemanum , r. salmurum , rothingue , r. rothomag . p. . l. . trovomala . the remainder , or second part of a gospel plea ( interwoven with a rational and legal ) for the lawfulness & continuance of the antient setled maintenance and tithes of the ministers of the gospel : wherein the divine right of our ministers tithes is further asserted : the magistrates inforcement of the due payment of them by coercive penal laws , when substracted or detained , vindicated : that they are no real burden , or grievance to the people ; the abolishing them no ease , benefit to farmers , tenants or poor-people ; but a prejudice rather ; and a gain to none but rich land-lords , cleared : that the present opposition against them , proceeds not from any true grounds of conscience , or real inconveniences in tithes themselves , but only from base covetousness , carnal policy , want of christian love , charity to , and professed enmity against the ministers of the gospel ; yea , from a jesuitical and anabaptistical design to subvert , ruine our church , ministry , religion ; and bring a perpetual infamie on our nation , and the reformed religion here professed . by william prynne of swainswick esq ; a bencher of lincolns inne . cor. . even so hath the lord ordained , that those who preach the gospel , should live of the gospel . cyprian , de unitate ecclesiae . domos tunc & fundos venundabant , thesauros sibi in coelo reponentes : at nunc de patrimonio nec decimas damus ; & cum vendere jubeat dominus , emimus potius & augemus . petrus blesensis , epist : . per prophetam praecepit dominus decimas inferri in horreum suum ; vos ab ejus horreo jubet is auferri , &c. quid interest equos rapiatis an decimas ? nisi quia decima res spiritualis est , & ideo enormius sacrilegivm in decimis committitur quam in equis , cum dominus praecipit decimas solvi , quis contra ejus praeceptum potuit dispensare ? london printed by t. childe and l. parry for edward thomas , and are to be sold at the adam and eve in little britain , . the remainder or second part of a gospel plea , for the lawfullness and continuance of the antient setled maintenance and tithes of the ministers of the gospel . king david a holy zealot a after gods own heart , who fulfilled all his will , records this to posterity in sacred writ , as the most transplendent character of his own real saintship , in a divine appeal to god himself , psal . . . the zeal of thine house hath eaten me up . and when our saviour christ , b the son of david according to the flesh , out of an enflamed zeal against the sacrilegious prophanation of gods temple in jerusalem , made a scourge of small cords , wherewith he drove all that sold sheep and oxen , with their cattel , out of the temple ; powred out the changers mony , overthrew their tables , and said unto those that sold doves , take these things hence , make not my fathers house an house of merchandize : his disciples upon this occasion remembred and applyed this very scripture to him , the zeal of thine house hath eaten me up , john . , , . but the preposterous zeal of many iesuited anabaptistical qua ▪ king pretended saints , souldiers , zealots in our degenerated dayes , is diametrically contrary to this of david , and our saviour christ , even to devour and eat up gods house it self , with all his faithfull ministers remaining tithes , rectories , glebes , maintenance at one meal , which of late years , and now again they have prosecuted with such eager appetites and hungry stomacks , that they make it their very prime , main , only businesse , endeavouring to effect it , with such c post-hast , as might anticipate all new printed pleas for their just defence , and fore-judge most ministers , patrons , peoples rights , throughout our nation , ( even out of term in a long vacation , as in august . and now again ) without any legal summons , process , tryal by their peers before competent lawfull judges , meet to decide such a universal right , title , publike interest , which more or lesse concerns every particular county , city , parish , minister , patron , person throughout the realm ; and therefore ought not to be drawn into question , much lesse decision , without their general consent , desire , petition , and a full deliberate hearing of all parties interessed before a full legal parliamentary tribunal , duly elected , entrusted by all the people , according to d our laws ; this being an undoubted principle of nature , law , equity , common justice , and reason , e quod tangit omnes , ab omnibus debet approbari : et populi minor pars , populum non obligit . this their preproperous speed , and preposterous proceeding , necessitated my stationer ( at the importunity of some ministers in september . ) to thrust out and publish to the world , an imperfect piece , and beginning only of my gospel-plea , for the lawfulnesse and continuance of the antient setled maintenance and tithes of the ministers of the gospel , without this remaining part , ( then sent up together with it ) or any errata to it , or notice given to the reader if its incompleatnesse , some few dayes before the great debate of our new legifers ( septemb. . ) concerning the future standing or down-fall of tithes ; which would have been finished , and quite past before the whole could possibly be printed ; and so have rendered the entire plea lesse seasonable , serviceable , beneficial to our church and ministers , than the publishing of a fragment of it in that nick of time proved to them , through gods blessing on it . this unexpected sodain publication thereof upon that inevitable occasion , as it caused an omission of some part of the second chapter in confirmation of the second proposition , touching the divine right of ministers tithes , and of the . ensuing chapters : so it hath necessitated me to publish this subsequent appendix to that chapter by way of supplement , as a necessary introduction to the remaining part , here printed with it , for the readers better satisfaction in this publique controversy , and stopping the clamorous mouthes of all gain-sayers . which had been published , soon after the former , in the year . had not my former stationers long infirmity , sicknesse , death , retarded its progresse at the presse , and enforced me to seek out another midwife to bring it into the world , at this instant time , i hope not as an abortive , out of season , the former opposites to our ministers and their tithes , being ever since and now again as malicious against them as ever , waiting only for a fresh oportunity to suppress them , ever since their then sodain defeat in this their impious sacrilegious designe , when almost ripened to accomplishment in their hopes and votes , unexpectedly dashed in a moment . there being since this their disappointment , a new disguised antichristian sect of quakers ( introduced by jesuits and franciscan friers , as i have * elswhere evidenced ) sprung up amongst us , more virulently opposite to our ministers and their maintenance by tithes , than any other , which they not only decry in all their pamphlets , but totally substract and detain from them with such wilfull obstinacy , that many of them chuse rather to lye in prison , upon mean processe , or executions , than set out or pay their tithes , or appear to actions brought for their recovery ; and now combine with the anabaptists , and other sectaries in fresh petitions and prosecutions both against tithes , and ministers , endeavoring their total and final extirpation , by the power of their confederates , in the army and westminster juncto , sodainly called in again , and owned by them as a parliament ( after their former six years seclusion ) to * accomplish this their design , and root our law and gospel , lawyers and ministers together , as their fresh * petitions , addresses to them for that purpose clearly demonstrate , beyond contradiction . which occasioned this publication , after so long a suspension thereof . an appendix to the second chapter , further clearing the divine right of ministers tithes . the divine right of ministers maintenance by tithes , asserted in the former printed part of my gospel-plea , &c. for the lawfulnesse and continuance of the antient setled maintenance and tithes of the ministers of the gospel , may be thus further evinced , demonstrated , confirmed . . it is the opinion of learned f petrus cunaeus , and g dr. griffith williams ( his transcriber ) that melchisedec , priest of the most high god , to whom abraham ( the father of the faithful ) gave tithes of all , gen. . . hebr. . . to . was in truth none other , but jesus christ , the sonne of god , then personally meeting him in the form of a man , which he then assumed ; though not that very body or flesh begotten and born of the virgin mary , which he long after took upon him when he was incarnate and conversed upon earth . that abraham then gave him tithes of all , as perceiving under that visible form an invisible deity and everlasting priesthood to subsist , to whom tithes ( originally ) are only due & eternally due ; because he is and continues for ever an everlasting priest . that our saviours own words , john. . . abraham rejoyced to see my day , and he saw it , ( as well with the eyes of his body , by this special apparition of christ then meeting and blessing him , as a priest of the most high god , at that time , as with the eye of his faith ) and was glad : do warrant this their opinion , that melchisedec was no other than jesus christ himself : which they sortify with . strong , unanswerable arguments in the opinions of many ; from whence ( if granted ) it will inevitably follow ; that tithes are more truly and properly evangelical , than ceremonial or judaical , because thus originally given and paid to christ himself , ( the h everlasting head , king , high priest of the church ) by abraham i the common head and father of all the faithfull ( as well gentiles as jewes ) out of the prevision of his incarnation , in reference to his everlasting priesthood , as an honorary portion , tribute , salary , k of right belonging and annexed to his priesthood : hebr. . . to . gen. . , , . which priestly office was l principally to be executed , compleated upon earth , and in heaven , by christs subsequent incarnation , passion , sacrifice of himself upon the crosse , resurrection , ascension into heaven , and perpetual intercession at gods right hand for all his elect , both as god and man ; especially in relation to the gentiles , m not generally called , converted to the faith , till after his incarnation and ascension . therefore by necessary consequence , all christians and believing gentiles under the gospel , have altogether , if not farre greater , yet at leastwise as great , as strong a reason , ground , obligation , enforcement , chearfully , thankfully , conscientiously , to render tithes of all they have to christ ( for the use of his ministers instruction , edification of his church , and compleating of his body ) since his incarnation and investiture in his everlasting priesthood for their eternall welfare ; as abraham or the israelites had , to render him ( or the levitical priests who typified him and attended on his service ) so long before his incarnation , and priesthood fully compleated in all its parts and offices : jesus christ being the same yesterday and to day , and for ever ; hebr. . . and as much ( if not farre more in some respects ) a priest of the most high god , to all believing gentiles , christians since his incarnation , passion , ascension , as he was to abraham and the jews before them ; god since his resurrection , sending him to blesse us in turning every of us from our iniquities , as well as them . acts. . , . compared with acts . , , . ch . . . to . wherefore those ingrate , avaritious , unconscionable christians of this degenerous age , who obstinately , or maliclously refuse to render unto christ their only high-priest n who sacrificed himself to god , and shed his most precious blood for them on the crosse to redeem their soules from everlasting damnation , and purchase an eternal crown of glory for them in heaven , where he continually makes intercession for them , executing his priestly office for their salvation ) the tithes of all their increase , as a just appurtenance to his everlasting priesthood ; condemning them as o jewish , antichristian , unfit , or too much for him as the high priest and prophet of his church to enjoy , or for the faithfull ministers of the gospel in his name or right to receive , who p spend all their studies , labours , lives in christs service , in the declaration , publication , application , of the benefits of christs priesthood , passion , gospell to them , and others , for the eternal salvation of their souls , are certainly none of the spiritual sons or seed of faithfull abraham , who gave him tithes of all ; and do either repute christs everlasting priesthood , a mere fable ; or set a far lower rate upon it , the ministry of the gospel and their own most precious souls , than they do upon their detained tithes : and so can expect little benefit from christs person or priesthood , which they so much undervalue , and sacrilegiously defraud of so antient a duty . ly . there is one notable considerable circumstance of time in abrahams payment of tithes of all to christ , the true melchisedec , not formerly observed or pressed by any i have seen ; which ( in my opinion ) unanswerably proves , that this president of his most principally respected , related to the believing gentiles and christians , under the gospel , and as strongly obligeth them ( his true spiritual seed ) to the due payment of tithes to christ and his ministers , now , as ever it did the jews , his natural posterity , to pay tithes to their priests and levites under the law , if not more firmly : namely , that he thus paid tithes to christ , some good space before circumcision instituted , whiles he was yet uncircumcised ; as is most evident by comparing , gen. . , , . with gen. . , , to . now as the apostle thus firmly and evangelically argues from this very circumstance of time , in the point of abrahams justification by faith , whiles he was yet uncircumcised , as presidential , exemplary , obligatory to all believing gentiles , and spiritual sons of abraham under the gospel , who are not circumcised , as well as to the natural believing children of abraham under the law , who were circumcised . rom. . , to . commeth this blessednesse then , upon the circumcision only , or upon the uncircumcision also ? for we say , that faith was reckoned to abraham for righteousnes . how was it then reckoned , when he was in circumcision , or in vncircumcision ? not in circumcision , but in vncircumcision ? and he received circumcision , a seal of the righteousnes of faith , which he had yet being vncircumcised , that he might be the father of them that beliebe ( under the gospel ) though they be not circumcised , that righteousnes might be imputed unto them also . and the father of circumcision , to them who are not of the circumcision only , but also walk in the steps of the faith of our father abraham , which he had yet being uncircumcised . so i , by parity of reason , from this very text , compared with the same apostles relation , of abrahams paying tithes of all to melchisedec , hebr. . , to . and the inferences thence formerly insisted on , may as firmly , as convincingly conclude , that his payment of tithes to christ the true melchisedec , not after his circumcision , but whiles yet uncircumcised , and before circumcision instituted ; and that , as the common-father , head of all the justified , faithfull , believing uncircumcised gentiles before the law , and under the gospel , ( as well as of the circumcised believing jews ) walking in the steps of his faith , which he had yet being uncircumcised ; doth as strongly oblige all believing gentiles & christians , though uncircumcised , to pay tithes of all to christ and his ministers under the gospel , as it did his believing circumcised posterity to render thē to christ himself originally , and his priests and levites secondarily under the law ; if not much more ; since abraham paid them to christ before he was circumcised , q as a fruit and evidence of his faith , which then he had during his uncircumcision , and a standing president for all believers to imitate . ly . from this famous president of abrahams paying tithes of all to melchisedec , saint ambrose , sermo . in feria post primam dominicam quadragesimae . gregorie nazianzen , oratio . contra judaeos . chrysostom , hom. . in genes . isiodor hispalensis , in glossa ordinaria super gen. . rabanus maurus , l. . c. . in genesin . anastatius abbas , contra judaeos . elias cretensis , in orat. walafridus strabo , de rebus ecclesiasticis , c. . stephanus tornacensis , epist . . with other antients , conclude , tithes to be due to ministers of the gospel by divine right : whom the r councils of mentz , anno , , . concilium aquense , anno . cap. . with the council of london , under arch-bishop hubert , anno dom. . ( recorded by roger de hoveden ) annalium pars posterior , p. , . thus second . decimas deo & sacerdotibus dei dandas , abraham factis , jacobus promissis insinuat ; deinde lex statuit , et omnes doctores sancti commemorant : et auctoritas veteris et novi testamenti , necnon & sanctorum patrum statuta declarant . decreeing thereupon , decimas de omnibus quae per annum renovantur , &c. praestare deo omnino non negligatur , quas deus sibi dari constituit : quia timendum est , ut quisquis deo debitum suum abstrahit , ne forte deus per peccatum suum auferat ei necessaria sua , &c. from his example , seconded with divine precepts , ſ gerold bishop of oldenburg , about an. dom. . writ thus to the holzati and inhabitants of the deserts of wagira , ( then newly converted to the christian faith , and beginning to build churches , for gods publick worship ) that they should likewise pay tithes to their ministers , without which all the rest of their devotion would be nothing worth . dei enim praeceptum est , decimas ex omnibus dabis mihi , ut bene sit tibi , & longo vivas tempore : cui obedierunt patriarchae , abraham scilicet isaac & iacob , & omnes qui secundum fidem facti sunt filii abrahae , per quod laudem etiam , & praemia aeterna consecuti sunt . apostoli quoque et apostolici viri exore dei hoc ipsum mandaverunt . & sub anathematis vinculo posteris servandum tradiderunt . cum ergo dei omnipotentis proculdubio hoc constat esse pra ceptum , & sanctorum patrum sit aucioritate firmatum , nobis id incumbit negotii , ut quod vestrae saluti deest , nostro in vobis opere per deigratiam suppleatur . monemus ergo & obsecramus omnes vos in domino , &c. ut decimas , prout deus instituit , & apostolica banno firmavit autoritas , ad ampliandum dei cultum ecclesiae detis : ne si deo quae ipsi debentur substraxeritis , & substantiam simul & animam in interitum mittatis aeternam ; valete . upon reading which letter the rude people cryed out and raged , just as the anabaptists do now . his auditis tumultuosa gens infremuit , dixeruntque se huic conditioni servili nunquam collum submissuros , per quam omne pene christicolarum genus pontificum pressurae subjaceat , &c. whereupon henry the first duke of holzatia commanding them , as they would obtain his favour , ut solverent episcopo decimas cum omni integritate , sicut faciunt in terra polaborum & obotritorum : ad hoc praeceptum holzati obstinatis animis dixerunt , nunquam se datucos decimas , quas patres sui non dedissent ; malle se potius succenfis aedibus propriis egredi terram , quam tantae servitutis jugum subire ; praeterea pontificem cum comite & omni advenarum genere quod decimarum solvit legitima , interficere cogitabant , & terra inflammata , transfugere in terram danorum . neither obeying the presidents of abraham and the patriarchs , nor the laws of god , the apostles , or their prince , in paying their tithes to their bishop and pastor , as they ought ; whose practice our anabaptists and quakers now obstinately pursue . what strong convincing arguments , to prove the divine , moral , perpetual right of tithes to the ministers of the gospel , learned protestant divines ( to omit papists ) have deduced from this original direct president of abrahams tith-paying , those who desire further satisfaction herein , may read at leasure , in mr. calvin , junius , hemingius , and others on hebr. . zepperus , legum mosaicarum explanatio , l. . c. . dr. george carlton his tithes due by a divine right , richard montague his diatribae on the first part of mr. seldens history of tithes , cap. . stephen nettles his answer to the first part of the history of tithes , dr. robert tillesley his animadversions on mr. seldens history of tithes , dr. edward reynolds his explication on psalm . , . mr francis roberts his revenue of the gospel is tithes , &c. cambridge . richard ebur● his maintenance of the ministery , london , . the truth of tithes discovered by r. g. london . dr. john prideaux oratio . de decimis , anno . p. . sir james semple his sacrilege sacredly handled , london . john swan his redde debitum , london . p. , to . tithes are due jure divino , and dr. william sclater his question of tithes revived , or ministers portion , london . ( an acute piece ) wherein all evasions and cavils to elude the force of this example , are sufficiently answered . ly . from this example of abrahams , seconded with the israelites practice , t mr. selden conjectures , or rather from the law of nature written by god himself in mens hearts ( as hugo de sancto victore , de sacramentis , l. . parte . c. . & l. . parte . c. . mr. mountague in his diatribae , ch . . dr. tillesly in his animadversions , p. , . and others determine ; ) the old heathen grecians , romans , carthaginians , arabians , with other pagan nations , [ as the u mahometan , turks , moors , and other infidels since ] by an antient constant custome and usual practice , generally received amongst them , dedicated and paid tithes to their idol-gods and priests , of the encrease of all their substance , merchandize , gains ; and more particularly of all their spoyles and plunders gained in the wars ; wherein they were very carefull and devout . which mr. selden in his history of tithes , ch . . and review thereof , and richard mountague , in his diatribae , ch . . evince at large , by many presidents , testimonies , passages out of herodotus , demosthenes , xenophon , thucidides , dionysius hallicarnasseus , plutarch , pausanias , aristotle , aristophanes , suidas , callimachus , cassius , trogus , macrobius , plautus , festus , justin , pliny , servius , cicero , tertullian , arnobius , jac. gruterus , with others ; and that they paid no other determinate part else we read of , but a tenth only , to their gods and priests . now from whence ( write hugo , tillesly , and mountague ) should this custome and practice proceed , but only from the law of nature ? ad quam non docti , sed facti , non instituti fuerunt , sed imbuti , and that by god himself . amongst these presidents of pagans , there are . of special note , which i shall here remember , to shame the tith-oppugners of our age , who would be reputed the most precious christians , though their actions prove them worse than infidels . the first is , that of the old pagan romans , x who esteemed all their corn and wine ( sent them annually by the bounty of god ) so sacred , that ( by a constant custome and law used amongst them ) they might not lawfully eat , drink , sell , meddle with , or dispose of any part thereof after their harvest and vintage , till they had first sacrificed and tythed the first fruits and tenths thereof to their gods who ; ( as they supposed ) gave them the whole crop ; such was their piety and gratitude . the second is , that of the antient y heathen arabians , who by the law and custome of their country , were bound to carry all their frankincense ( the chief commodity of their country ) every year to sabota , ( the chief city of arabia felix ) and there to offer the tenth therof to their god sabis , which his priests received . neither might they make sale of any part thereof , till the owner there paid the tenthes by measure , not by weight . these very pagans holding all to be gods , ( the supream land-lord who gave it them ) till by paying him the tenth for a quotient , they redeemed the rest for their own common use . the third is that of the z pelasgi in vmbria , who being oppressed with a great dearth and scarcity of all things , conceived it proceeded from their neglect of paying tithes to their gods. whereupon they vowed the tithe of all their increase to iupiter , apollo , and the cabiri . after which vow they receiving a plentifull crop of all things , paid the tenth of all their increase to their idol-gods . and being admonished by apolloes oracle , that their vow was not performed , till they had sacrificed the tenth of their children , as well as of all their other increase , they thereupon sacrificed the tenth of them to the idols likewise . such conscience made they of all their vows and tithes . the fourth is that of the carthaginians ( thus recorded by a diodorus siculus , a pagan historian ) very remarkable . the carthaginians being descended from tyrus , were accustomed in former times to send unto tyrus the tenth of all their revenues & increase any ways renuing , issuing , or growing , for hercules ( the idol-god there worshipped : ) but in processe of time becomming very wealthy , and having exceeding great incomes , they sent very seldome their tithe unto tyrus , and that but small and refuse , in neglect and dis-regard of the deity . hereupon many disasters in war , crosses in affairs of state , with great losses and streights befell them ; especially by agathocles the sicilian . upon which , comming home to themselves , and repenting of their irreligion , they betook themselves to all manner of supplication and devotion , conceiving these losses and disasters were sent unto them of god. and for so much as they supposed hercules especially to be angry with them , who was chiefly worshipped at tyrus , from whence they were originally extracted , they sent exceeding great gifts and rich presents thither to him , and all the gods that were worshipped at tyrus , and brought unto them the tenth of all their increase , as formerly they accustomed . the fifth is that of b demosthenes ( that eminent pagan greek orator ) who is very bitter against androsion and timocrates , for bearing with some sacrilegious defrauders of the gods in their dues ; and much more for defrauding of themselves , and sacrilegiously robbing minerva of her tenths , and the other gods of their fifteenths . and he specially observes , ( let our souldiers remember it ) that those who purloyned and robbed the gods of their tenths and chiefest of their spoyles of war , came to nought , being destroyed by themselves at last and undone . the sixth is that of xenophon ( that noble heathen philosopher and general ) and his soldiers , thus recorded at large to posterity by his own pen , worthy our observation . [ c ] xenophon , after his memorable retreat with ten thousand men out of upper asia , where they had gained great spoyles from the enemy , arriving safely at cerasunt , mustred men , the rest being lost , partly by the incursions of the enemies , partly by the snows , and partly by sickness , here they divided the mony they had gained from the enemies : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. atque etiam decumam , quam apolloni & ephesiae dianae exemerant , ita duces distribuunt , ut quilibet ipsorum hisce diis aliquam partem ejus adservaret ; one part of this tenth separated to these two deities was delivered to neon . that part which xenophon collected for apollo , he laid up as consecrated in the treasury of the athenians at delphos . but that which was dedicated to diana he left with megabyzus the churchwarden of diana , upon this condition ( being about to fight with agesilaus at coronea , ) that if he escaped safe out of the battel he should restore the sacred mony to him : but if he received any disaster therein , that then megabyzus himself should dedicate it to diana , confecto donario , quod deae gratissimū fore arbitraretur . afterwards xenophon being in exile at scilunte , built for olympia , megab . comming thither to behold olympia , restor'd the mony to xenophon : who receiving it , bought therewith a field ( having woods & mountains in it , stored with trees , swine , goats , sheep , wildbeasts , and horses , ) for the goddess in that place , which was shewed unto him by the oracle of apollo ; he likewise built a temple , & an altar , out of that sacred money : a● post id temporis , semper consecratis fructuu● agri decumis , sacrum deae faciebat . and after that time he sacrificed to the goddess , for eder consecrating the tenths of the field to her service . near the temple there was a garden set with all sorts of fruit-trees good to eat . before the temple were pillars erected with this inscription on them , fundus dianae sacer. hoc qui poss●ssor fruitur , quotannis consecrato decumam ; de reliquo fanum sartum tectum conservato . si quis non fecerit , dea vindex est● . in which memorable historie we have six things considerable : . tithes of spoyls consecrated by the heathen graecian generals , captains and souldiers , to apollo and diana , as * agis after the end of the wars between the elei and the lacedemonians , going to delphos offered a tenth ( of the spoils ) to apollo . and agesilaus took the fruits of his enemies fields , ut intra biennium decumam delphico deo consecraret c. talentis ampliorem : as the same * xenophon records . ly . lands purchased with the spoils , and appropriated , consecrated for ever to the worship and service of diana . ly . a temple , and altar built with part of the spoils , for her worship and honour . ly . tithes annually consecrated and to be paid for ever to this temple , by xenophon and the possessors of these lands , out of the profits , venison and game thereof , for the maintenance of her worship and feastivals ; as the former words , and this passage farther evidenceth : earum feriarum , & municipes , & finitimi , tam viri , quàm faeminae participes erant : & sumministrat eis dea , qui agitant convivia , farinas cum panibus , vino , pecunia , bellariis . ly . repairs of this temple from time to time , out of the residue of the profits of these lands . ly . an imprecation of divine revenge , upon the neglecters , or refusers of the due payment of these annual tithes to diana , and of the residue of the profits , towards the reparation of her temple . the seventh is the memorable domestick president of cedwalla , one of our west-saxon kings ; who though a pagan and great plunderer , even before he became a christian , or was baptised , was so pious , that he gave the tenth of all his spoyles of war and plunders unto god , about the year of our lord , . which c william of malmesbury thus records . arduum memoratu est , quantum etiam ante baptismum inserviret ; ut omnes manubias , quas jure praedatorio in usus suos transcripserat , deo decimaret . in quo etsi approbamus affectum ( in paying tithes ) improbamus exemplum , in regard of his plundering . yea , our d venerable beda records ; that such was his transcendent liberality and bounty to gods church and ministers , that after his conquest of the isle of weight , he gave to walfred and his clerks for the lords use , the fourth part of the island ( to wit , plowlands of . ) and the fourth part of the spoyl thereof , in performance of his vow made before his regeneration in christ , that if he conquered the isle , quartam ejus partem simul et praedae deo daret . let iohn canne , with all the several irreligious sects , and sacrilegious regiments of our present tith-oppugners , detainers , substracters , seriously consider these pagan presidents , to inform their judgments , & reform their practices , lest they rise up in judgement against them here to their temporal , and hereafter to their eternal condemnation . and if after due meditation on them , their consciences shall not secretly check , censure , condemn them , for substracting their tithes from god himself , and his faithfull ministers , as well as some of these pagans consciences did them , for detaining their tithes from their idol-gods and priests , against the law of natures dictate engraven in their hearts ; but still pretend conscience against the due payment of them , and that out of their gains or spoyles of war , as well as their other increase ; they have just cause to fear , and others to suspect , that their consciences are most desperately cauterized , and the law of nature more dangerously obliterated out of their hearts , than out of these idolatrous pagans . ly . agobardus , who flourished anno . lib. de dispensation● , &c. rei ecclesiasticae contra sacrilegos , p. . hugo de sancto victore erud . theol. de sacramentis , l. . parte . c. . lib. . part . . c. . part . . c. . and annot. eluc . in genes c. . petrus commestor , hist . scholast . in genes . c. petrus blesensis , epist . . gerold , bishop of oldenburge , in his epistle to the inhabitants of wagria ; helmoldus , hist . sclavorum , p. . positively affirm ; and since them sir james semple , in his sacriledge sacredly handled , stephen nettles , in his answer to the jewish part of mr. selden , and mr. richard mountague in his diatribae , p. . to . largely argue and a●●ert ; " that from the beginning of mankind , tithes were instituted and appoint ▪ to be paid , by god , who instructed adam himself ; and he his two sons kain and abel ; and they their posterity , to pay tithes and first-fruits to god , of all their increase . that the first-fruits abel offered unto god , were no other but his tithes , or the tenth of his flocks increase . that the sin of cain , causing god to reject his offering , was this , that he offered to god the worst , and lesse than the tenth of the fruits of the ground ; giving him not the full proportion of the tenth and best of his increase , as abel did " : which they ground on , gen. . . ( thus translated by the septuagint , whom philo the jew , and the greek fathers generally follow : ) if thou offer rightly , and divide not uprightly ( in giving me my tenth ) thou hast sinned ; hold thy peace ; and on hebr. . . by faith abel offered unto god 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( which the vulgar latin renders , plurimam hostiam ; other translators , vberius sacrificium ; and the english , a better or more excellent sacrifice ; ( and that for quantity , as well as quality , ) than kain : this i thought ●it to mention , as a probable conjecture , not an infallible verity : to back this opinion , robert grosted our learned bishop of lincoln , in his book , de cessatione legalium , ( written about the year ●● . ) p. , . determines , lex naturalis exigit , ut benefactori , de bonis ●uae gratis dederit , gratis rependatur honor & veneratio , unde & decimarum oblatio de lege est naturali : quia de bonis acceptis cum debeatur lege naturali repensio honoris , minus quàm pars minima , id e●● decima , ( quia ultra denarium numerus non est ) rependi non potest . master mountague , in his diatribae , chapter . page , , , &c. doctor sclater , dr. tille●ly , and others observe , that god only wise , being e a god of order , not of confusion , doing all things in order , number , and due proportion , hath amongst all other numbers , specially fixed upon a tenth . and thereupon the antients heretofore , both natural , legal , pagan , and christian , ( led by a natural and divine instinct thereunto ) have ever principally insisted on a tenth in all their divine sacred rites , mysteries , dues , reserved by , or rendered of them to their gods ; and in all their publick civil taxes , tributes , customes , duties , imposed by , or paid to their emperors , kings , princes , and supreme magistrates . hence god saith expresly , all tithes are the lords , levit. . , &c. and how his ? not by couetesie or tolleration , not by purchase or stipulation , not by compensation or annexation , not by benevolence or mens free donation but by original right of creation , in pro●ucing every ; thing in its kind ; and of absolute soveraign dominion ( expressed in the word f lords ) as a universal rent service or acknowledgement , reserved by god himself , the supreme land-lord of all the earth , from adam and all his posterity to the end of the world , g when he gave them the earth to inhabit and manure , as mere tenants at will under him . he that is h i am himself : qui cepit nunquam , desinet numquam : being vitae & essentiae interminabilis , tota simul & perfecta possessio , in aeterno su● consummato , ever possessed tithes ( as well as the seventh day , which he saith , is , i his sabbath ) since they had being , which are indeed his ab aeterno suo inch●ato . in this tithes were gods , not only at the time when he first challenged them by an expresse written law and reservation , levit. . , , , &c. but long before ; even when abraham paid them : and before that , ever since the time of the creation , that god made any thing tithable to increase out of the earth for the use of m●n . the time never was that tithes were not gods , nor shall ever be that they shall cease to be his , and his priests and ministers in and by him , by his special donation and institution ( not mans ) for the constant support of his continual publick worship ▪ and that by a divine right ; god in those things which are direct points of piety and necessary appurtenances for his solemn worship , ( such as are tithes for his prie●●● and ministers competent standing maintenance in all a●●● , places , and weekly times for his worship ) never leaving men free to their own wi●ls , inventions , or arbitrary pleasures ( no more than land-lords their tenants , or kings their subjects ) but confining them to a certainty himself by his word , as well as he doth it in all parts and duties of his worship . that abraham knew this divine right of god to tithes , when he paid tithes of all to melchisede● , not arbitrarily , but of due right , by vertue of some divine precept , ( else k melchisede● had been inferiour to levi who received tithes from his brethren , by a divine law and command , hebr. . , , , &c. ) he receiving this precept of paying tithes by tradition from heber , who learned it of s●m , who was so taught of his father n●ah : he by succession receiving it from adam ; who as he was wrought and fashioned by god , so was he herein taught and instruct●d by god. and therefore not only amongst the sons of god , such as called rightly upon the name of th● lord , but even amongst th● giants of the daughters of m●n , worshipping invented god● by themselves , and dedicatin● their tithes unto them ( as the premises evide●c● ) there never was number that did intrude upon the tenth , much lesse shoulder it out of doors . this number of t●● ( writes philo the learned jew ) that most sacred w●●●●● m●ses hath not a little commended , because the best duties of man are by him cou●hed under that number , as god ten commandements , vows , prayers , first-fruits , perpetual offerings , pardoning debts , and reducing all things unto their first estate , every fiftieth year of jubilee , ( made up of tenths ) the fur niture of the tabernacle , with a thousand such like in the old testament ( besides other things of like nature expressed under this number of ten in the l new ) by which we may know , that ten is the nvmber of perfection ( as ●ivers style it ) and hath near affinity with god in sacred things . that from gods own original reservation of tenths to himself and his ministers , this number became sacred and universal afterwards in all publick civil taxes , dues , reserved to kings and supream magistrates . for the first-born and chief of the family , from adam , till the levitical priesthood instituted , being for the most part king as well as priest thereof , ( as melchisedec who received tithes of abraham was , gen. . . heb. . , . ) when these two offices came afterwards to be centred and settled in two distinct persons , thereupon the antient tenths ( reserved by god , and assigned to his priests and ministers in perpetuity , for their subsistence and maintenance of his publick worship , from the creation to the end of the world , by a divine law , which no humane powers could repeal ) both amongst gods own people , and most heathens nations ; were appropriated to , and received only by the priests and ministers , though divested of the royal dignity ; and a new tenth , by way of tribute , tax , custome , or subsidy ( amounting commonly to the tenth part of the people 's tithed increase and estates , in all kingdomes and republiks ) was by common consent imposed on and reserved , received by emperors , kings princes , and supreme magistrates from the people , for their support , defraying the charges of the government , and their peoples necessary defence upon all occasions . hence tributes , taxes , customes and publick impositions , were usually called tenths ( as well as ministers tithes ) both amongst gods own people , sam. . , . ( amounting to the tenth of their estates and increase ; as also amongst the antient romans , grecians , and most other pagan nations of old , ( as mr. mountague proves at large in his diatribae , c. . by sundry authors ) as they were anciently and at this day so stiled , both m amongst the turks , moors , spaniards , germans , italians , french , danes , swedes , poles , scots , irish , and most other pagan and christian nations at this day ; especially in england , as you may read at large in rastals abridgments of statutes , title taxes and tenthes ; brooks abridgement , and ashes tables , title quinzime , disme , tax and talla●e , and our parliament records . and from this number of ten their officers as well of state as religion , were usually stiled , decemviri , decuriones , decumani , decani , decadarchae , decatutae , decatologi , decatorii , and the like ; our names of offices of deans , tithingmen , collectors of tenths , &c. proceeding from the self-same number ; sacred every way even amongst pagan nations , both in their duties of piety and policy , by constant tradition , they knew not why nor wherefore , and likewise amongst gods people , upon the premised grounds . hence doctor tillesley thus concludes in his epistle to king james , before his animadversions on mr. seldens history . surely the number tenth or tithe is sacred and very mystical , and communicated only to consecrated or sacred persons that are gods vicars upon earth ; that is , kings and priests : decima regis et decima sacerdotis ; who both stand in gods place , and receive this portion as gods upon earth . from all which premises , mr. mountague , dr. carlton , dr. tillesley , dr. sclater and others conclude ( and let our army officers , new legisers , and all tithe-oppugners consider it ) that the ministers of the gospel now , as well as gods priests heretofore , have an eternal right to ecclesiastical tithes , by gods own unalterable institution ; and none else any right at all unto them but they ; from which right no man , nor all men can deprive or debar them ; by any pretended right , prescription , m●dus decimandi , custome , vsage , law , statute or appointment of any other maintenance in lieu thereof , as more just , equal and convenient . . tithes being originally due and paid to jesus christ himself , n god over all blessed for ever ; yea specially , reserved by , appropriated , consecrated to our lord god , as his peculiar holy portion , tribute , rent , right , inheritance , homage , from the sonnes of men , for the constant maintenance of his publick worship , and support of his priests and ministers attending thereon , to the end of the world . lev. ● . , . numb . . , , , . mal . , . heb , to . cor. . , to . and thereupon being usually stiled , both by o fathers , p councils , q popes decretals , r princes edicts and christian writers in all ages , dominica substantia , res dominicae , dei census , dei debitum , &c. non ab hominibus , sed ab ipso deo institut● : qua● deus in signum universalis dominii sibi reddi praecepit , suas esse decimas asseverans , &c. the constant payment of them to ministers under the gospel , is not only warranted , commanded by the equity and words of the , , , , & . commandements of the decalogue , ( therefore far from being a sin against the d . commandement , as ſ john canne most absurdly and impudently asserts ; as if gods precepts were repugnant to each other : ) but likewise expressely , positively , eternally , prescribed by our saviour christ himself , in this peremptory gospel-precept , recorded by three evangelists , matth. . . mar. . . luke . . render therefore to caesar the things that are caesars ; and unto god the things that are gods . thus seconded by the apostle paul , rom. . , . render therefore to all their dues , &c. tithes ( as the premises evidence beyond contradiction ) have gods own image , impresse , superscription , as visibly , as legibly engraven on them by himself , as any tribute-money then shewed our saviour , had caesars , by the mint-masters ▪ yea , they were gods own antient , standing , constant , known tribute , at that very season when christ uttered this precept , and some thousands of years before , specially reserved by , and duly rendered unto god and his priests , by all gods faithfull people , many hundred years before we read of any tribute-mony paid to caesar , or any other king or prince . upon which ground , as they were then , ( by this direct gospel-commandement of christ himself ) enjoyned to be as constantly , duly , truly paid to god and his ministers , as any tribute , tax or customes are unto caesar , or other higher-powers whatsoever : so they have since our saviours daies ( except only in times of greatest persecution under pagan ▪ emperors , during which some tithes were rendered to god ▪ ministers in some places , or things of greater value , as i shall prove anon ) been still continued and universally paid to god in his ministers , in all or most christian churches , realms , republicks , from the first publick imbracement of the gospel amongst them , to this present , and more especially in this our realm , as mr. john selden in his history of tithes , doctor tillesley , tyndarus , rebuffus , with others prove at large ; and the author of respublica , sive status regni poloniae ( lugduni bat. . p. . ) thus attest , for the church and clergy of poland , habent etiam decimam omnium segitum , publico principum ac totius poloniae consensu iam inde ab initio susceptae religionis christianae attributas , & aliis quibusdam pensionibus cumulatas . habent & luculentos fundos , praedia , pagos , oppida , arces , & territoria ; partim priscorum ibidem principum & regum ; partim privatorum munificentia adjectas ( as they likewise had in t ours , and other christian realms ) yet he afterwards subjoynes and complains , as we may justly do , nunc passim in alienas donationes ac decimas invaditur , longe majore avariciae rapacitatisque infamia , quam egestatis relevatione . therefore gods and our ministers tithes , being by our lord jesus christs own gospel precept thus positively commanded to be constantly and duly rendered unto them , as well as tribute unto caesar ; no consciencious loyal christians , but professed atheists , antiscripturists , rebels unto god and christ , can justly , or by any pretext of conscience , refuse the due , constant payment of them , no more than of lawfull tributes and taxes legally imposed on them by common consent ( u ) in free and lawfull parliaments ; nor any caesars , kings , princes , magistrates , or supreme powers , denie , defraud or deprive them of their tithes and dues , upon any pretext , without impairing , impeaching , subverting their own rights and titles to those civil tenths , tributes , which they challenge and receive from the people as their due , by this very precept of our saviour , which couples gods dues and his ministers together with their own ; the inviolable preservation whereof , is the best and readiest means to secure their own tenths and civil dues . whereas these princes , potentates ▪ powers , grandees , legifers , who are so sacrilegiouslie injurious as to invade , impair , diminish , substract or abolish , gods and his ministers tithes , duties , or divert them to pay their souldiers , or any other publike or private use , will thereby but undermine their own interests , and teach the people how to defraud , substract , deny their own antient civil tenths , customes , duties , taxes , rents . and new impositions , excises of all sorts , by way of retaliation ; most of the anabaptistical and levelling present petitioners against tithes and glebes , petitioning , declaiming likewise against all customes , imposts , taxes old or new , as x intollerable grievances and hinderances to sree trade ; and many of them asserting , all civil supreme powers and magistrates whatsoever , as antichristian and unlaw fall , as tithes and ministers are in their false account . lastly , all opposites to our ministers tithes do , and must of necessity acknowledge ( from the scriptures insisted on in the first proposition , and reasons there alleged ) that some competent maintenance , salary , recompence , reward , or other ( arbitrary as they hold , certain and setled as we assert ) belongs to the ministers of the gospel by a divine , moral , natural right , justice , and equity ; as all grant a sabbath ( and government ) in general to be of divine authority , institution , and morally due to god. now the whole church of god from the creatiō to this present , ( though under various dispensations in the times of the patriarchs , law and gospel ) being but y ●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 , z 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 , a in faith conscience , and sincere obedience towards god , as such a maintenance , but this of tithes alon● , 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 , ●●tified , a● not only sacred and divine but as such a most ●●●t , w●●e , equal , excellent , incomparable way of maintanance ( invented by the most wise god ) which cannot be matched , much l●sse amended , exceeded by all the policy , wit , o● wisedom of men : being a most certain , standing , unva●i●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 qu●●apa●● , 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 b 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 c 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 ke●kerman , in his system . polit. l. . c. . polanus in ezech . . v. . 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 . p. , to , hath colected a catalogue of no lesse than . such authorities ( in a chronological method ) before the year of our lord . as have asserted their ius divinum , in all ages before that ; whereof irenaeus ( flourishing in the year of christ . ) 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 . . , , , . 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. gaspar boetius , de deciman tutori hispanico jure praestanda : grav . . ignatius laserte & molina , de decimis venditionis , & permutationis . ioan. giffordus , moderata dissertatio de ratione alendi ministros evangelicos : hanov. . gulielmus redoanus , de rebus ecclesiae non aliendis : ven. . & de spoliis ecclesiae romae . . alexander stiaticus , repet . in extrav . ambitiosae : de rebus ecclesiae non aliendis . alph. villagus , de rebus ecclesiae non ritè alienatis , recupe●andis : bon. . ( a treatise of hard digestion in these sacrilegious times : ) sir henry spelman , de non temerandis ecclesiis : dr. john prideaux , orat. . de decimis : dr. edward reynolds , explanation on psal . . v. . gul. zepperus , legum mosaicarum explanatio , l. . c. . and learned hugo grotius , who thus concludes in his book de jure belli & pacis , l. . c. . ●ect . . p. . ( 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 , au● simil●s pios usus seponant . resolving the tenth part of mens increase at least , and no smaller proportion , to be d 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 lesse , is due still by them to god and his publike worship . thus much for the divine right of our ministers to their tithes , omitted in the former part , but here supplyed , for the readers fuller satisfaction in these sacrilegious times , which so violently and impiously decry it without scripture , reason , antiquity , authority , out of malice and design . the succeeding chapters more concern their legal , rational right and equity depending on their divine . chapt . iii. having dispatched the two principal propositions of greatest concernment , ( wherein i have been larger than i at first intended ) to satisfie all mens consciences , and stop the mouths of all gain-sayers , i now proceed to the third proposition . that if tithes and other maintenance by glebes , oblations , pensions , formerly setled on our ministers , be either wilfully withheld , or substracted from them by the people , in part or in whole , the civil magistrates may and ought by coercive laws , penalties to inforce the payment of them in due form and time , both by the law of god , and rules of iustice , without any injury or oppression to the people . this proposition necessarily follows from the former two : for if there be a just , competent , comfortable maintenance due to all lawfull painfull preachers , and ministers of the gospel , even by divine right , institution , expresse precepts , both of the gospel and law of god ; and that as a just debt , hire , wages , salary , right , not as a mere voluntary gift , alms , benevolence ; and the setled maintenance of our ministers by tithes , glebes , oblations , pensions , and other duties , be such ▪ as i have already demonstrated : then the civil magistrates may and ought by coercive laws and penalties to enforce the payment of them in due form and time ( as our very officers by such means enforce their souldiers , parents their children and servants , schoolmasters their scholars , yea our troopers their very horses , held in with bits and bridles when unruly , and quickned with spurs when lazy : and shepheards their very sheep , with their dogs and hooks , when there is cause , to do their duties , and reform their errors ) without the least guilt or colour of injury or oppression to the wilfull , obstinate , or negligent detainers of them ; and that by the self-same laws , rules of justice , reason , conscience , as all tith-opponents yet grant , they may enforce obstinate or negligent tenants , creditors , masters , publick or private accomptants , trespassers , disseisors , and the like , to pay their just rents and services to their landlords , their due debts to their creditors , their contracted wages to their hired labourers or menial servants , their audited arrears to the publick treasury , or others to whom they are indebted upon account , their ascertained dammages to such as they have injured , and to restore the goods or lands unjustly taken or detained , to those they have plundered or disse●sed of them , yea as justly as they may by any coercive laws and means enforce and constrain any obstinate perso●● o● merchants , to pay all tenths , fifteens , subsidies , ayd● cu●toms . tonnage , poundage , for defence of the real●●y and or sea when publickly and legally granted in and by a full , free , and lawfull parliament , duly summoned and elected by the people , according to the a manifold laws and statutes enacted for that purpose : the want of which indubital ingredients only , how fatal they have been to parliaments in former ages , to make them and all their acts , iudgements , orders , ordinances , mere nullities , and what a prejudice they have been to the people and republick too , those who please may read at leasure in the statutes of h. . c. . & rot. parl . n. . . c. . and the act for repealing the parliament of r. . in the parliament o● h. . c. . the reason of which repeal , is thus recorded by mr. oliver saint iohn in his declaration in parliament against the shipmony iudges , anno . ( printed by the commons command ) p. . that parliament of r. ● . of revocation , was held by force , as is declared in the parliament roll of h. . n. , . that it was held viris armatis , et sagitariis immensis . the knights of parliaments were not elected by the commons prout mos ●xegit , sed per regiam voluntatem : and so the lords rex omnes dominos sibi adhaerentes summonare fecit . whereupon nu. . these judgements of revocation ( and that of the whole parliaments proceedings too ) are declared to be erronea , iniqua , et omni juri et rationi repugna●tia , erroneous , wicked , and contrary to all right and reason : so mr ▪ saint john , numb . . this was one grand article of impeachment of king richard the ● . for which he was then deposed from his government by a forced resignation . heu licet quod eo statuto & consuetudine regni sui , in convocatione ●uju●libe● parliamenti sui , populus suus in singulis comitatilus regni debea● esse l●ber ad eligend : & depu●a●d : milites pro hujusmodi comitatibus , ad interesse●d . parliamento , & ad exponend . eorum gravamin● , & ad prosequend . pro remediis superinde , pr●u● eis videba●ur expe●ire ; tamen praefa●us rex ut in parliamentis suis ut liberius consequi valeat suae temerariae voluntatis effectare dir●xit mandata sua frequentius vice●omi●ibas suis ut certas personas per ipsum regem nominatas ut milites comitatus venire faciat ad parliamenta sua : quos quidem milites eidem regi faventes indulgere poterat prout frequenter fecit quandoque per minas varias et terrores , quandoque per munera ad consentiend . illis quae regno praejudicialia fuerant et populo quamplumum onerosa , et specialiter ad concedendum eidem regi subsidium ad certos annos suum populum nimium opprimendo . which i leave to john canne to english for those who understand not latin , or our laws , and would strip our learned ministers of their tithes and setled maintenance by colour of an extraordinary call ( as he terms it ) to such an extraordinary sacrilegious work as this . quest . but what ground is there in scripture ( may some demand ) for compelling people to pay their tithes and other duties to their ministers ? answ i answer . we have the president , law , and commandement of godly hezekiah , recorded in the ●hron . . , , , , . with the good effect it wrought , already recited . ly . the examples of zealous nehemiah , and the religious nobles and people under him ; who entred into a solemn covenant , curse , oath , and made ordinances to charge themselves yearly with the third part of a shekle for the service of the house of god : and that they would bring in all their first-fruits and offerings , and the tithes of their ground unto the levites , that the same levites might have their tithes in all the cities of their tillage , neh. . c. . . throughout , specially v. , , , , . ch . . , . which when afterwards neglected , by the people , nehemiah contended with the rulers ( for their negligence in not enforcing the people to pay them ) whereupon this effect ensued , then brought all iudah the tithes of the corn , and the new wine , and the oyle unto the treasurers , &c. and nehemiah was so far from deeming this injustice or oppression , as some now malitiously term it ; that he prayes , remember me , o my god , concerning this , and wipe not out my good deeds , that i have done for the house of my god , and for the offices thereof , neh. . , to . from which president nicholas hemingius ( a far better divine and scholar than john canne and all his associates against tithes ) thus resolves in his commentary on thess . . ● , ● . therefore the godly are to be admonished . that by divine right they owe stipends unto the ministers of the church . but that nothing may be here neglected to the dammage of the ministry , this care belongs to the superious . for if kings be nursing fathers to the church ( as isaiah admonishe●b ) possunt et debent jure divino ministris ecclesiae stipendia ordinare , they may and ought by divine right ( or gods law ) to ordain stipends to the ministers of the church , by the example of the most godly king hez●chiah , chron. . that they may wholly addict themselves to the law of god. and if the people detain these salaries , and setled dues from them , they may enforce them by fines , penalties , and actions to pay them . ly . if these examples prevail not , we have the president of a zealous heathen prince ( who shall rise up in judgement against many pretended magistrates , resusing to assist complaining ministers to recover their just tith●s and dues from their refractory ingrate people ) to wit , king ●●taxerxes , who making a decree for furnishing ezra the priest with whatsoever he should require for the maintenance of gods worship and house , ezra . ● , &c. concludes it thus ; v. . and whosoever will not do the law of thy god , and the law of the king ( which confirm our ministers tithes and dues ) let iudgement be executed speedily upon him , whether it be unto death , or unto banishment , or to confiscation of goods , or to imprisonment . and lest any should deem this a tyrannical , oppressing edict , ezra himself subjoyns in the very next words , v. . blessed be the lord of our fathers , who hath put such a thing as this is in the kings heart . which law if now put into due execution , would send canne and most of his confederates here packing back again to amsterdam , or some gibbet , or prison , and strip them of the goods they have got by the warres and troubles of the time . ly . we have king darius his decree for repairing gods house , and furnishing the priests there with all necessaries they required , which thus concluces with a most severe penaltie against the wilfull disobeyers of it , ezra . . also i have made a decree , that whosoever shall alter this word , let timber be pulled down from his house , and being set up , let him be hanged thereon , and his house be made a dunghill for this . how many n●w 〈◊〉 should we now have throughout england , and how many new purchased houses by those who had no●e of late , would be made dungheaps , if this rigid law were now put in ●●e ? which may stop the clamorous months of such who cry out against laws and ordinances for tithes , prescribing more moderate penalties . object . but all this is but old testament will many now object : what can you allege for your propositions ●●●●f out of the gospel ? answ . to stop their mouths , i answer , . that the gospel expresly commands all living under it , to render to all their dues : therefore to ministers ( to whom i have proved tithes and other setled maintenance to be a just due and debt ) to owe nothing to any man , rom. . , . therefore not to ministers . but what if bold , atheistical , obstinate or covetous wretches will not pay these dues to their ministers , doth the gospel allow magistrates and higher powers to compel them to it ? yes , in the very antecedent words , v. , . if t●ou do that which is evil , ( as the defrauding , denying , detaining of the ministers , as well as the magistrates , or any others due debts and salaries , is a doing of evil , prohibited by the forecited words , and many other texts elsewhere insisted on ) be afraid , for ●e beareth not the sword in vain ; ( as he should do , might he compell none by it to their duties ) for he is the minister of god , even a revenger to execute wrath upon him that doth evil : wherefore ye must needs be subject ( in yielding to their commanding laws and ordinances for tithes and ministers dues , as well as others , edged with coercive penalties ) not only for wrath ( that is , for fear of the penalties which else fall upon you for your disobedience , exasperate the higher powers and civil magistrate to execute wrath upon you ) but even for conscience sake ; which should more prevail with men than wrath and penalties ; though our tithe-detainers now are grown so atheistically impudent , as to alledge conscience for not rendring them , and robbing god himself of them , mal. . ●● as well as his ministers . ly . the holy ghost by the apostle peter thus seconds his former precept , by paul , pet. . , . submit your selves to every ordinance of man for the lords sake , whether to the king , as supream , or unto governours : who have made many lawes and ordinances for payment of our ministers tithes and duties . yea , but say our sturdy armed , and unarmed tithe-detainers now ; what if we will not do it , as we are resolved , notwithstanding all such laws and ordinances ? what ? are you resolved to disobey and contemn gods gospel , laws and ordinances as well as mans ? where is your religion , your saintship you so much boast of ? will you * provoke the lord himself to wrath , are you stronger than he ? i presume , not : therefore the apostle subjoins , that these kings and governours are sent by him for the punishment of evil doers : and such are all those who detain the ministers established dues , who are not only theeves and robbers of god in the old testaments language , mal. . but committers of sacrilege , rom. . . thou that abb●rrest idols ( as many tithe-oppugners pretend they do ) dost thou commit sacrilege and church robberie ? acts . . in the new testaments and meer heathens dialect ; who fall under the just punishment of kings and governours , whom god will bear out in the just punishment of such evil doers , or elle punish them himself in a more severe manner , if the armed sonnes of a zerviah be too hard for david , and b it is a fearful thing to fall into the hands of the living god , who even under the gospel is a consuming fire , heb. . . and hath proved so to many tithe-oppugners very lately , both in consuming their houses and personal estate , as well by real fire , as by inflicting spiritual judgements on their souls . ly . our saviours own words recorded in the gospel , are direct in point . luke . , , . mat. . . and why , even of your selves judge ye not what is right ? ( in paying your just dues and debts to all you owe them without sute or coercion , as the next words literally import : ) when thou goest with thine adversary to the magistrate , as thou art in the way give diligence that thou mayest be delivered from him , lest he bale thee to the judge , and the iudge deliver thee to the officer , and the officer cast thee into prison verily i say unto thee , thou shalt by no means come out thence , till thou hast paid the uttermost farthing ; or very last mite . here is a gospel resolution of our saviour in two evangelists , ratified with a verily i say unto thee ; that all those who will not pay their ministers tithes and dues , as well as other mens debts , may be lawfully brought and haled perforce before the magistrate , and by the magistrate and judge , condemned in double dammages , ●ast into prison , and not suffered to come out thence , till he have paid the utmost farthing , not only of his detained tithes and dues , but of his fine , forfeiture , and costs of sute , prescribed by our laws . and let all our swordmen and other oppugners of our coercive laws against detainers of ministers tithes and dues , give our saviour himself the title of a tyrant , and oppressor , a lyar , if they dare , and that such proceedings are not sufferable under the gospel . ly . there is nothing so free and voluntary in the world , that i know , as almes and charity to poor distressed saints and christians ; yet the gospel accompts this a due debt ; and all able to give them , debtors , rom. . and if any refuse to render them , out of their hard-heartedness , and want of charity ; the christian magistrates under the gospel may , not only rate and assesse them according to their estates towards the poors relief ; ( as they do in all christian republicks and realms ) but by distresses , sale of goods and other coercive wayes compel them to render them ; and that both by the common law of england , and the statutes of h. . c. . h. . c. . edw. . c. . e. c . e. . c. . phil. & mar. c. . eliz. c. . eliz. c. . eliz c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . as dalton and other justices of peace , tit. poor , maimed souldiers . therefore admit tithes mere alms ( as some would have them ) yet when and where detained , they may be as justly levyed and recovered by coercive laws and statutes as alms to the poor , and those who condemn coercive laws for tithes as unbeseeming the gospel , must tax and repeal all laws for the poor , and for maimed souldiers too , as such ; which i presume they will not do . ly . i suppose neither canne himself ( who receives pay as a chaplain to the army out of publick contributions from the people , not from voluntary contributions of the souldiers ) and all other officers and swordmen oppugning the coercive maintenance of our ministers by tithes or otherwise , will maintain even unto death ; that the people ( even against their wills and consciences too ) may be enforced to pay monthly taxes and excises ( amounting to twenty times more each year than all the ministers tithes in england ) by coercive orders and ordinances , ( though not made in a full , free , or old english parliament , nor warranted by so many indisputable acts of parliament as ministers tithes and dues ) and levyed by imprisonments , distresses , forfeitures , armed violence , and free quartering of souldiers on the people , ( though adjudged high treason in straffords case in full parliament , for which he lost his head ; ) our ministers therefore being real spiritual souldiers of jesus christ , even by the gospels resolution ; and not to go a warfare at any time on their own free cost , but upon the peoples pay & wages , as due to them , as any souldiers ( which i have formerly proved ) they must by the self same reason acknowledge the levying & enforcing of the payment of their less burdensom , and more legal , necessarie tithes for the defence and preservation of the very gospel , religion , gods glory and mans salvation once a year , by penalties , forfeitures , imprisonments , or distresses when obstinately detained : or else disclaim their own coercive contribution ; first , to maintain unchristian bloodie wars between christians of the same religion , in firm unity , and amity with us , which are not so necessarie , or commendable amongst christians , who should a live peaceably with all men ( not make a last trade of war ) b love as brethren , c lay down their lives one for another , yea d love and pray for their enemies ( not murder or destroy them ) and a beat all their swords into plowshares and their spears into pruning hooks , not lifting up sword nation against nation ( as now they do to the peril of the gospel , reproach and slaunder ) and learn war no more ) as is the spiritual warfare of our ministers against the world , flesh , sin , devil , and all errors , blasphemies , corruptions , for the eternal salvation ( not destruction ) of mens souls and bodies too . ly . we find it long since prophecied in the old testament , in relation to the calling to the gentiles by and under the gospel , isay . . that the kings of the gentiles should become nursing-fathers , and their queens nursing-mothers to the church , isay . , . surely the isles shall wait for me , and the ships of tarshish first , to bring my sons from far , their silver and their gold with them : and the sons of strangers shall build up the walls , and their kings shall minister unto thee , psal . . , . the kings of tarshish and of the isles shall bring presents , the kings of sheba and seba shall offer gifts , yea all kings shall down before him ( and then ) all nations shall serve him . thus seconded in the new testament , rev . . where it is prophecied of the heavenly jerusalem ( the church of christ ) the kings of the earth do bring their glory unto it . which prophecies concerning kings , and likewise kings of isles in particular ( and no other sorts of governors , which is observable ) have been most eminently verified of the kings and queens of this isle and realm of britain , beyond all the kings , queens , regions , isles and kingdoms in the world besides , to the eternal honour of that late rejected , abjured form of kingly government ( derived from gods own form of b kingly government over the whole world , and of c christs royal government over his church both militant and triumphant ) and of this our isle : where god blessed our church and kingdom , . with three such worthy heathen kings in succession , a arviragus , marius , and coylus ) who though they embraced not the christian faith here preached soon after our saviours ascension by james the son of ze●edee , simon zelotes , peter , paul , aristobulus , and philips twelve disciples , wherof joseph of aramathaea ( who honourably interred our saviour ) was chief , yet they courteously entertained them , permitted them freely to preach the gospel to their people , gave publick entertainment to the persecuted christians resorting hither as to a safe and peaceable sanctuary , when they were forcibly expelled out of all other kingdoms and countries throughout the world , and roman empire , by bloody persecutors , bestewed lands and a comfortable maintenance on the preachers of the gospel at glastonbury , where they built the first christian church in the world ; and were the first kings and kingdoms in the world who gave publique reception , protection , countenance , maintenance to the preachers and professers of the gospel ; as not only our own historians , but two forein writers , namely polydore virgil : hist . angl. l. . and cardinal baronius himself . annal. tom. . an. . n. . with spondanus in his epitome of him , records . ly . with the first christian king we read of , publickly baptised , professing and establishing the christian faith , builded , endowed churches and ministers with glebes and other maintenance ; to wit our famous king lucius , who about the year . ( as b matthew paris , matthew westminster , the history of rochester and others record ) possessiones et territoria ecclestis et viris ecclesiasticis abundanter conferens chartis & munimentis omnia communivit : ecclesias vero cum suis coemiteriis ita constituit esse liberas , ut quicunque malefactor ad illa confugeret , illaesus ab omnibus remaneret : ( a good policy at that time to draw pagans to frequent the church , and hear the word , to convert them both from their paganism and evil lives ; ) he not only giving all the lands and possessions belonging to the pagan temples and priests to the churches and ministers of the christians ; se● quia majorem honorem illis impendere debuerat , augmentavit illas amplioribus agris et mansis , omnique libertate sublimavit , as galfridus monmuniensis , and gervasius tilburiensis affirm : here was a true nursing father indeed to gods church and ministers . ly . with the first christian queen we read of in all the world , to wit , queen helena , a daughter and heir to king ●oel , and mother to constantine the great , who was a carefull nursing mother , and bountifull benefactor to the church and ministers of christ , as eusebius in the life of constantine , ambrose orati● in obitum theodosii , baronius in his annals , and speed in his history of great britain , p. . record . whence she was stiled in antient inscriptions , venerabilis et piissima augusta ; both for her extraordinary piety , and her converting of constantius her husband to the love and protection of the christian religion , and the professors of it , who by her means creeping out of the dens and caves where in they were hid , began to exercise their devotions publickly , and to reedifie the old ruinate churches ( which dioclesian the persecuting emperour had levelled to the very ground in all places , ) and to erect new ; b she herself at her own cost , erecting a stately church over our saviours sepulchre at jerusalem , famous till this very day . ly . with the first christian emperor in the world , even that famous constantine the great , born and elected emperour in this island , educated in the christian faith by his pious mother , the best , the greatest nursing father the church of god ever yet enjoyed in the world . c for first , he destroyed the two grand persecutors of the christian religion , maxentius and licinius , with their adherents , and demolished all the idol-gods and monuments of idolatry throughout his dominions . ly . he reduced all the exiled christians driven out of their countries into desolate islands , caves , dens , desarts , restored them their lost possessions , established christian magistrates throughout his empire , encouraged , protected the christians in all places , in the publick profession of their religion , and suppressed the heresies and schismes that sprung up amongst them , by councils and publick edicts . ly . he caused all the churches in this isle and elsewhere , which by the decrees of dioclesian were levelled in all places to the very ground ( which some atheistial anabaptists , and jesuitical incendiaries even in these pretended glorious times of piety and reformation endeavour to do again ) to be re-edified , and new ones to be founded throughout his dominions ; himself erecting most magnificent temples to gods honour , ( as king david did out of holy zeal , and love to god , not popish superstition , as some now censure it , chron. . c. . , , . ) both in rome it self , ierusalem , hostia , neapolis , hirapolis , constantinople , and other cities , endowing them with ample possessions , and all other churches with convenient glebes , mansions and revenues . ly . he encouraged , protected , advanced godly ministers , learning and religion , by setling a competent maintenance on them , both for their livelihood and encouragement , most preferring , esteeming , rewarding the best deserving of them . and by this means so laid the soundation of the christians security , and the churches maintenance , that the same hath stood under the protection of christian kings and princes ever since . and albeit many caesars his successors , have often attempted to shake it by their authorities , and the sharp instruments of heretiques have dangerously undermined it , yet hath it born out the storms of all their boisterous assayes , and stood in the sirength that this emperor first laid it , ( as speed and others observe . ) and for these blessed fruits of this prime nursing father of gods church , he had then , and ever after , these most glorious titles conferred on him by the christians , and ecclesiastical writers , most blessed emperour , most pious , sacred , divine most happy redeemer and restorer of romes city , and the whole world from paganism , tyranny , persecution , and founder of the churches peace . ; which those shall never enjoy , who labour to demolish and extirpate what h● thus founded and established . ly . god hath blessed our church and isle ( as io. capgrave in his prologue , sir hen. spelman in his epist . dedicatory to his councils , and the author of fasciculus temporum record ) with more kings & queens , who for their extraordinary piety , incredible zeal , liberal alms , manifold works of mercy , incomparable humility and contempt of the world , their munificent , magnificent and admirable bounty to the ministers and saints of god , and in building , adorning , endowing churches with tithes and glebes , and some of them for suffering martyrdome for defence of religion by pagan invaders , were justly reputed and kalendred in the church of god , for saints ( though infected with some superstititions of those blinder times , which the age wherein they lived may excuse , and their other vertues over-ballance and delete , ) than any other isle , region or kingdom throughout the world , how great or populous soever . there being no less than twelve of our antient saxon kings crowned with martyrdom by infidels ; and ten of them canonized for saints for their transcendent holiness ; and no less than thirty kings and queens within years space , who laying down the height of their worldly power , crowns and glory , that they might gain beaven by force , betook themselves to a devout , retired religious life , ( according to the devotion of those times ) in some private monasteries ( for the most part builded and endowed by themselves ) or else went as pilgrims to rome , then reputed famous for her piety . besides multitudes of the royal progeny who followed their examples both in their piety , charity and bounty to the church . and amongst others of our antient kings , king e●helwolfe gave not only the tenth out of all his goods and chattels , but likewise of all the lands and houses of his whole realm to the church . his sonne , incomparable a king alfred ( founder , or at least b restorer and enlarger of our famous vniversity of oxford ) though he was for the most part taken up with warres and military affairs by reason of the danes invasions , fighting no lesse than . set battels with them ( for the most part with glorious success ) yet out of an ardent zeal to god , in emulation of zacheus , he gave no lesse than half of his annual rents ( and spoils of war besides ) in pious uses ; to wit , for relieving the poor both at home and abroad , for maintaining , rewarding scholars , ministers , building schools of learning , maintaining professors of divers arts and sciences in them , especially in oxford , and devoted no lesse than the third part of his time ( to wit , eight hours every natural day ) to his sacred studies and devotions ; besides the time he spent in his military imployments , civil government , and enacting laws of most excellent use by advise of the wisest men , which have continued ever since . so as asser menevensis , ( in egercituesse ) in his life , spelman and others give this brief character and encomium of his excellencies , o stuporem omnium aetatum aluredum ! cujus dum religionem intuemur , nunquam exiisse videatur monasterio : dum bella & militiam , nullibi versatus fuisse unquam nisi in castris : dum scripta ejus & lucubrationes , vitam trans●isse in academia : & dum regni populique sui administrationem , nihilo unquam studuisse , nisi in foro & senatu , justitiae promovendae , legibusque bonis sanciendis . of which good laws of his ( extracted out of the old and new testament for most part ) a this for the due payment of tithes and oblations to ministers was one , cap. . decimas primigenia & adulta tua deo dato . o that all those militarie victorious commanders who boast of like victories as he obtained , would imitate him in these his vertues , bounty , liberalitic , both to our universities , scholars , ministers , and promulging edicts for the due payment of their detained tithes and dues ! and then they should be chronicled for saints indeed , as well as the forenamed kings , of which there was not one in three in former ages ( as sir henry spelman observes ) who did not adorn , augment & enrich the church in some things , even during their very wars , instead of making a mere prey and spoyl of her ( as some late saints have done ) to maintain the warres and enrich themselves . in which sacrilegious rapines , if any shall persevere to the utter ruine of the remaining glebes , tithes , maintenance of all our ministers and churches too ( the prime honour of our nation , a ecclesia , faemina , lana ) as some have designed , and would engage them to do , to render our religion , nation , and those who shall give their votes thereto for ever execrable ; let them take heed , that instead of inducing the ministers and godly people really fearing god , throughout our three nations , to forget monarchy , and be in love with their new military government , they do not necessitate them , and most others too thereby , ( by comparing their irreligious church ▪ robberies , and sacrilegious rapines against the very laws even of war and conquest it self in an enemies country , and detestable to very heathens , as b grotius proves at large ) to love and honour kings and monarchs more than ever , as the only nursing-fathers to gods ministers , church , people , under the gospel ; and to esteem others not comming in by the door into the sheep●●ld , but climbing up by storm some other way , to be but theeves and robbers ; who come not but to steal , kill , and to destroy , whatever the bounty , piety , and m●nisicence of these and other our kings , have built and setled on the clergy for gods honour , and maintenance of his worship , and thereby engage them so to act , speak , and peremptorily resolve , as all the israelites and godly levites , priests , people , twice did in a like case , chron. ▪ , , , , . & sam. ● . , , , . if any here object , these kings and queens were more popish , superstitious , than really religious ; admit they were ●n some things , ( as too much doting upon monkery , not monarchy , or worldly wealth or power , which some condemn in others , when most guilty of and applauding it in themselves ) yet their very bounty and profuse munificent building monasteries and nunneries , ( whereof a king edgar alone built no less than . endowed them with large revenues , and intended to make them up . had he lived , ) besides what they bestowed in building , adorning , endowing , maintaining all cathedral and parish churches and chapels , for the support and honour of their superstitious religion , should eternally shame all those pretended saints , who will be at no cost at all to maintain and propagate what they now call the true religion and the faithfull ministers of the gospel , but instead thereof , will by mere force and rapine against all rules of law , justice , piety , equity , and war it self , plunder ( if they can ) the remaining materials and fabricks of our churches , which those kings or their successors , and other antient benefactors built for gods honour , and the small surviving lands , rectories , glebes , tithes , pensions , dues , which our ministers yet enjoy , by their sole bounty , piety , gift , laws , without any real charge , injurie , oppression , or obligation to any mortals now surviving them . but to take off the stain of popery wholly from our kings , which was no disparagement to their commendable charity and bounty ; consider in the sixth place , that god hath honoured us with the first christian king in the universe a henry the th . who durst not only question , but by publick laws and statutes abolish and renounce the popish usurped antichristian power , and with it all popish shavelings , abbots , priors , monks , nunnes , and many popish doctrines , ceremonies ; and restored the people to the use of the holy scriptures in their own native language : whose example encouraged other kings , princes , churches to do the like . who though he seised upon abby lands , as given to mere superstitious persons , orders , vses , repugnant to gods word , and the popes mere creatures , and supporters ; yet he continued the lands , glebes , b tithes , and maintenance of the bishops and other ministers , and augmented i● and our vniversities revenues also out of the abbies spoyles , which yet could not exempt him from the publick censure of some protestants , for selling or rteaining most of their lands and impropriations for his own use , which ( say they ) he should have rather converted to other lawfull sacred uses , according to the will of the first donors . and mr. a purchas writes , that the monks unrighteous coveting , and the popes appropriating of the tithes of some thousands of our best benefices unto abbies and monasteries , and robbing the ministers of them to whom only they were given by god himself , and the first donors for their maintenance , to the great prejudice both of the ministers and people , was one principal cause , that by a divine judgement and providence ( beyond all mens expectation ) the pope and they were both suppressed together on a suddain , even by him who not long before had justified his usurped supremacy against luther , and for which he had received this ominous title from the pope defender of the faith god grant our new defenders of the faith , do not as ill ●● 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 mo●●o . ly . that ou● god blessed , honoured us with the first b 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 c 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 , ly . god then blessed our church and kingdom with an unparallel'd protestant princesse , queen d 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 . , . 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. . . 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 a 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. . , , . 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 , kings . . psal . . . ) 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 b peruse in c●ronicon johannis brompton , mr. lambards archai●n , sir henry spelmans councils , mr. fox his acts and monuments , john bridges his defence of the government of the church of england , book . p. . 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 o●●a , an. . of famous king alfred , anno . of king alfred and gutburn the dane , cap. . de decimis deo debi●u , about the year . of king edward the elder and gutburn : anno . ( or . as some ) cap. . ( in some c. . ) de decimis et censu ecclisle retentis : of king aethelstan ; made in the famous council of gratelean : an , . cap. . 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. . c. . concluding , qui non solverit , anathema esto . of famous king edgar , anno . c. . de decimis , & canon . of the kings and presbyters of northumberlana , made a little after that time : lex . of king aet●elred , an. . c. , & . of king knute the dane , an. . c. . ( but . in some copies ) de decimis reddendis , &c. , & . and a statute law against obstinate detainers of tithes , there stiled jura et debitiones divinae : of king edward the confessor , about the year . confirmed verbatim by william the conquerour , in the fourth year of his reign , c. , . ( forecited ) to which may be added the great charters of king henry the first , and king john recorded in a matthew paris , ratified by king henry the d. in his magna charta , c. . made in the th . year of his reign , b confirmed by above 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 c antient solemn curses and excommunications annually made against the infringers thereof , e. . e. . & . h. . c. . 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 prom●vers or executors of any such buls shall be attainted in a praemunire . it appears by the parliament roll of h. . nu . . 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 c●ndescended to ) as well your dreadfull majesty , ●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 . 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 , . 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 . ly . 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. . c. . and our arch-deacon of bathe a 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. ly . 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 . ly . that they resolve , the exemption from tithes though amounting but to a fourth part in every parish , would prove a great prejudice to the king and all other patrons in their advowsons ; to the lessors and farmers of tithes , to the incumbents and people ; and that the moving of such novelties might occasion great troubles 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 h. . c. . 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 , h. . c. . confirmed , enlarged by a statute and decree too , h. c. . 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 , e. . c. . 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 institutes , p. , to . to these i might subjoyn the late ordinances of the last parliament of 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 a 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. , , , &c. capitularia caroli magni & ludovici ; in brochellus , decret . ecclesiae gallicanae , l. . tit . . 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 , b constitutionum sicularum , l. . tit . . lex . 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 , ) tan●i in ecclesia dei petidatior redditur , quan●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 a 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 . 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. . 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 . ) 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 dominic●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 quàm sua defendere oportet & augmentare . si quis igitur insanus importunitate improbitateque sua , regem a recto proposito pervertere tentaverit , nullisque remediis mitigari posse visus fuerit , licet obsequiis aliquibus & transitoriis sit necessarius , abscindendus ab eo projiciendusque est , juxta illud evangelium , si pes , manus aut occulus tuus scandilizat●te , erue eum & projice abs●te . since then christian emperors , kings , princes in forein parts , and our own kings and parliaments in and by all the forecited laws and statutes yet in force , have established tithes and other duties on our clergy and ministers of the gospel , and thus publickly branded the negligent or wilfull 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 , thes . . . 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 cor. , , to . 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 . . 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 a pulchas pilgrimage , alexander ab alexandro , hospinian de origine templorum , and others . and to give you one instance for all , there are no lesse than 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 gates , great and high : the roof is yards long , and broad : the steeple very high : the ornaments rich and stately : round about it are divers porches , containing yards in length , and . 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 . was no lesse than . 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 . miles distance may be seen from thence , ( as b leo c purchas , and d 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 stipen● , with books and lands likewise allowed them , and are had in very high estimation and reverence , both with their kings , magistrates , people ; the califfs there receiving likewise the tenth measure of corn yearly from the people : besides which tenths they have many colleges and schools of learning very majestically built and richly endowed . those therefore who pretend themselves saints of the highest new form , and yet would deface the beautifull churches our pious ancestors erected for gods worship , & strip our ministers naked of all glebes , tithes , setled maintenance , so as they shall not be able to live comfortably , and provide for their families , have in truth denyed the faith , and are worse than these turks and infidels , tim. . . ly . that hereby they shall make both our religion and nation to stink in the nostrils of all forein protestant churches , papists , turks , infidels ; who by the very light of nature have condemned sacrilege and church robbers : acts . . give extraordinary advantage to jesuites , papists and other atheistical seducers , to reduce the people either to popery or mere atheism : give all the enemies of god and our religion occasion both to rejoyce and blaspheme ; and extraordinarily scandalize and grieve the hearts of all true godly ministers , and protestants really affected to our religion , throughout our three nations . ly . that they will herein exceed all our late suppressed prelates and their high commission courts in tyranny , cruelty , injustice , by undoing all or most of our godly ministers and their families at one fatal blow ; instead of relieving them in their present necessities under which many of them sadly groan , by depriving them of their livelihood , without any legal conviction of the least crime , but only that they are ministers of the gospel , and receive tithes ; and thereby draw upon their heads , not only the cryes and clamours of these oppressed ones here , with all the formentioned curses and judgements denounced against tith . detainers , but also that sad irrevocable sentence of condemnation before christs tribunal at the last day , matth. . . depart from me ye cursed into everlasting fire prepared for the devil and his angels ; for i was hungry and ye gave me no meat , i was thirsty and ye gave me no drink , i was ( not ) a stranger , ( but your minister ) and ye took me not in , ( but cast me and mine out of those rectories and benefices your ancestors gave and setled on me , ) naked , and ye cloathed me not , nay stripped me naked of all my cloathing and livelihood , and would neither relieve , nor maintain me your selves , nor permit others to do it , in an antient legal way ; and then what can you answer , or to whom can you resort for protection , from this inevitable just charge and doom of damnation for all eternity ? ly . consider seriously the exemplarie punishment executed upon ananias and saphyra , acts . , &c. with that fearfull judgement of retaliation denounced against all plundering enemies of the church of christ , isay . . wo unto thee that spoylest , and thou wast not spoyled ; and dealest treacherously , and they dealt not treacherously with thee ; when thou ceasest to spoyl , thou shalt be spoyled and when thou shall make an end to deal treacherously , they shall deal treacherously with thee : ; seconded by obadiah . as thou hast done it shall be done unto thee , thy reward shall return upon thine own head . and if any fondly conceit , ( as many do ) that the swords and power of an army shall bear them out against the lord of hosts himself : let them consider that of psal . . . there is no king saved by the multitude of an host , ( themselves have seen it by late experience ) neither is any mighty man delivered by great strength . jeroboam the idolatrous usurper had an army of no lesse than eight hundred thousand chosen men , to make good his usurped title against abijah davids right heir , yet when he had cast out the priests of the lord from their suburbs and possessions , and made him priests for his calves of the lowest of the people ; he was vanquished by a far smaller army , and no lesse than five hundred thousand of his forces slain in one dayes battel , and the lord soon after smote him that be dyed , chron. ore● , zeba , and salmunna the princes and generals of the midianites , when they entred into the land of israel to destroy it , had an army like unto grashoppers for multitude , and they and their camels were without number , judges . , . yet when they said , let us take to our selves the houses of god in possession , they were totally routed by gideon ▪ and his . men having only trumpets and lamps : and perished at endor , and became as dung for the earth , judg. . & . psal . . , , , . senacherib invaded judah with a victorious and numerous army , above treble the number to any army in our daies ; yet when he trusted to the strength of his army , and bid defiance to the god of heaven ( as those do now who oppugn and spoil his ministers of their inheritance ) god sent his avenging angell , which cut off all the mighty men of valour , and the leaders , and the captains and one hundred fourscore and five thousand of his souldiers in one night , and when they arose early in the morning , behold they were all dead corps : so he returned with shame of face into his own land , and when he was come into the house of his god , his own sonnes that came out of his own bowels , slew him there with the sword . kings . , , . chron. . . the two proud surly captains with the fifty armed troopers at their heels , who came in a violent manner but to fetch down elijah the man of god from an hill to king ahaziah , were destroyed with fire from heaven , and the third captain only saved , who fell on his knees before him , and besought him for his own and his fifties lives , and used him like a man of god , without any rudeness or plunder , kings . , , &c. to lesson all souldiers and captains now , to reverence gods ministers , and a do his prophets no harm in their persons , callings or estates : else he who rebuked kings , and miraculously slew those captains and their troopers for their sakes , will avenge their quarel now as well as in former ages . and if former victories and successes have and do puff them so far up with pride or security , as to think they may now reduce our ministers like conquered vassals to such poverty , as to enforce and make them eat the very crumbs under their tables , insteed of feeding at their own ; let them remember that one memorable president ( wherewith i have quelled many usurping souldiers ) of the greatest conqueror and abuser of kings , i ever yet read off in the world , and gods retaliation upon him for his tyranny and inhumanity after the conquest of no less then . kings ( and who now living hath conquered the tenth part of that number ? ) thus recorded to all posterity , judg. . , , . and iudab fought against adonibezeck , in bezeck , and they slew the canaanites and perazites . and adonibezeck fled , and they pursued after him , and caught him , and cut off his thumbs and great toes . and adonibezeck said , threescore 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. . , , , 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 . . ●o . 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 a extirpate all ministers and their tithes root and branch ) recorded acts . , . 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. ly . 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 . ly . 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 . . , , , , . 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 st●nes shall be hurt thereby , and he that cleaveth wood shall be endangered thereby . the meaning of which parabolical expressions is thus more clearly explained , prov. , . 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. . . 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 exorbitan● 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 a 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 n●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 their and all others just rights and liberties , i leave to their own saddest meditations , these gospel texts of rom. . , , . and c. . , . ( which i hope neither will nor can offend any professors of the gospel ) therefore thou art inexcusable o man whosoever thou art that judgest , for wherein thou judgest another , thou condemnest thy self , for thou that judgest doest the same things . but we know that the judgement of god is according to truth against them who commit such things : and thinkest thou this o man , that judgest them who do such things , and doest the same , that thou shalt escape the judgement of god ? be not high-minded but fear : for if god spared not the natural branches take heed lest he also spare not thee , being a wilde olive tree . and when they have meditated on these texts , i shall further importune all such of them who like the little horn in daniel . , , . that should be divers from the first , and subdue three kings ; and being elevated with that successe , should speak great words against the most high , and wear out his saints , and think to change times and laws , advisedly to consider what there next follows that though the laws and times should be given into his hand , yet it will be untill a time and times and the dividing of times . and the judgement shall sit , and they shall take away his dominion to consume and destroy it unto the end . and then our ministers need not fear their ministry , tithes , glebes , nor the people their iust rights and liberties , which otherwise are like to be lost , subverted , destroyed in the long , bloody , costly contests and wars for their defence and preservation . now lest any should pretend matter of conscience or reason against the christian magistrates enforcing of tithes true payment , by coercive means and laws , in these tith-detaining sacrilegious times ; or for the speedy repeal of all our fore-specified laws and ordinances yet in force to compel all detainers of them to pay them duly under the several penalties therin prescribed ; i shall endeavour to give a full satisfactory answer to all arguments and cavils of moment usually made against them , which are reducible to these four heads . object . first , that there is no expresse precept in the gospel , nor any such penal laws , enforcing the payment of tithes to be found in the primitive and purest times for . years after christ ; therefore they are unlawfull , oppressive , un-evangelical , tyrannical , antichristian ; as canne terms them , in his thundering empty voyce . answ . to this i answer , first , that there is no expresse precept or president in the new testament , for any strange high courts of justice , martial , or other courts of that nature , for any articles of war or penal laws to put souldiers or any others to death , or inflict punishments for any new high-treasons , or offences whatsoever . no precept nor president that john canne ( a late excise-man as divers report ) can produce for the imposing or levying of any excise , impositions , taxes , customes , crown-rents , tonnage , poundage , contributions , by any distresses , forseitnres , imprisonments , sale of goods , billetting of souldiers on the people , and armed violence now used by souldiers , excisemen , collectors and other publicans sitting at the receipt of custom , ( whereof i hear iohn canne is one , perhaps to excise the alehouses and cannes there used for names-sake ) all puny to and less warrantable by gods law and gospel , than our ministers tithes . the objectors therefore must find express gospel-texts for all and every of these publick duties , and the present wayes of levying and enforcing them , or else disclaim them , or their objection against tithes . ly . i have produced expresse gospel-texts warranting in the general coercive laws , sutes , actions to recover ministers tithes , as well as any other just , legal , publick or private dues , debts , rents , lands , possessions whatsoever . therefore the objectors must either disclaim their objection , or renounce all penal laws , sutes , and coercive means whatsoever to levy or recover any other civil rights , debts or duties whatsoever , and introduce a lawless anarchy and confusion amongst us , for every one to cheat , defraud , rob , oppresse , disseise , spoyl , defame , wound , murder one another , without any penalty or redresse , except only by club-law , instead of a peaceable , just and righteous government . ly . the reason why there were no coercive laws for the payment of tithes or ministers dues in the primitive church for above years was this , because christians then were so zealous , ready , forwards to render them with an overplus , and to sell their very houses , lands , possessions , estates , and lay them down at the apostles and ministers feet to maintain them , and relieve their poor christian brethren , witness act ▪ . , . c . , , . c. . , . cor. . . phil. . , , , . rom. ▪ and that memorable place , cor. . ● , to . where paul records of the first churches and converts in macedonia , how that in a great tryal of affliction ( in times of heavy persecution their deep poverty abounded to the riches of their liberality , for to their power ( i hear them record ) yea and beyond their power they were willing of themselves , praying us with much intreaty , that we would receive the gift , and take upon us the fellowship of the ministring to the saints , &c. the a new testament records , the exceeding readiness of the pharisees to pay tithes of all they did possesse , and of the smallest seeds and garden-herbs of all kinds , to their priests or levites ; which christ himself approved , commended , with a these things ought ye not to have left undone ; and b philo a learned jew , who lived under claudius , in the apostles daies , records as an eye-witness on his own knowledge , that the jews were so forward in paying their first-fruits and other dues to their priests , that they prevented the officers demanding them , paid them before they were due by law , as if they had rather received a benefit , than rendered any , both sexes of their own readiness , bringing them in with such courtesi● and thanks giving , as is beyond all expression ( they are his very words : ) and were they then lesse forwards think you , to render due maintenance , ( if not tithes and first-fruits , ) to the apostles when they turned christians ? surely no , for the forecited texts in the acts declare , they were far more bountifull than before , both to the apostles and poor saints , selling all they had to support them . the like zeal ( even in the heat of persecution , under bloody pagan persecutors ) continued in all the primitive christians next after the apostles , who though persecuted , driven into corners , imprisoned , banished , and spoyled of their goods , lands , by plundering officers , sequestrators , souldiers , as c eusebius , and others record , yet every one of them out of his deep poverty contributed every month , or when he would or could some small stipend for the maintenance of the ministers and poor ( when they had no lands to pay tithes out of ) of his own accord without any coercion : witnesse a tertullian ( who flourished but . years after christ ) modicum u●●squisque stipem menstrua die , vel cum velit , et si modo volit , & si modo possit apponit , nam nemo compellitur , ( there was no need when they were so free of their own accord ) sed sponte con●ert . haec quasi deposita pietatis sunt . and though their monthly stipends in regard of their great poverty were thus termed small comparatively to what they were before the persecution , yet indeed they were very large , considered in themselves , as by the same authors following words in this apology , c. . appears , plus nostra misericordia insumit vicatim , quam vestra religio templatim : they bestowing more in a liberal free way of christian charity in every village towards their ministers and poor , than the wealthy pagan romans did in their temples and sacrifices for the maintenance of their paganism . in the th . general persecution of the christians about years after christ , or before , the b governour of rome told saint lawrence the martyr ( arch-deacon to pope xistus the d . and treasurer of the christians oblations for the ministers maintenance and poors relief ) that the common report then was , how the christians did frequently cell their lands , and dis●nherit their children ( like those in the acts ) to enrich the ministers , and relieve the poor , bringing thousands of sestertii at a time to st. lawrence , out of the sale of their lands , so as their treasury was so great that he thought to seise on it for a prey : which their bountiful liberality c prudentius thus poetically expresseth , offerre fundis venditis sistertiorum millia , addicta avorum praedia faedis sub auctionibus ▪ successor exhaeres gemit sanctis egens parentibus , et summa pietasli creditur nudare dulces beros . what need then any law to compel the christians to pay tithes or ministers dues , when in the heat of persecution , they were so bountifull to them and the poor as thus voluntarily to contribute their whole estates for their support ? whose president if the cavillers against our present penal laws , ordinances for tithes would imitate , no minister nor other voluntary tith-payers would oppose their repeal . and though in these primitive times of persecution , the christians being spoyled of their lands and possessions , could not pay tithes in kind in most places , but were necessitated to such voluntary contributions as these , yet without all peradventure they held the payment of tithes to ministers in kind , a divine moral duty , and in some places , and at some times ( when and where they could ) did voluntarily pay tithes as a duty for their maintenance without any coercive laws or canons , upon the bare demand or exhortation of their ministers , by vertue of gods own divine laws , as is undeniable by irenaeus , l. . c. . who records , that the christians in his time ( being but . years after christ ) did not give lesse to their ministers than the jews did to their priests by the law of moses , who received the consecrated tithes of their people , but more , designing omnia quae sunt ipsorum , all they had to the lords use , hilariter ac liberaliter ea quae non sunt min●ra : giving chearfully and freely those things which were not lesse than tithes , as having greater hope than they . and further confirmed by origen , homil. in numeros : saint cyprian , lib. . epist . . de unitate ecclesiae , the words of saint augustine , hom. . majores nostri ideo copiis abundabant , quia deo decimas dabant ; and the second council of mascin , an. . can. . leges divinae consulentes sacerdotibus ac ministris ecclesiarum , pro haereditaria portione omni populo prae●eperunt , decimas fructuum suorum locis sacris praestare , ut nullo labore impediti per res illegitimas possint vacare ministeriis , quas leges christianorum congeries legis temporibus custodivit iutemerata . which prove a long continued custom and practice of paying tithes to ministers as a divine right and duty , used amongst christians long before st. augustins dayes and this antient council . and no sooner were the times of persecution pa●t , but the divine right of tithes was asserted , pressed , and the due payment of them inculcated by st. hilary , nazianzen , ambrose , hierom , chrysostom , augustine , eusebius , cassian , cyril of jerusalem , isiodore pelusiota , and caesarius arelatensis , all flourishing within . years after christ , as dr. tillesly proves at large ; and the people during that space paying their tithes freely , without any compulsion in all places , there needed neither laws nor canons to enforce their payment : whence a agobardus writes thus ( about the year of our lord . when laws and canons began to be made for their payment ) of the precedent times : nulla compulit necessitas fervente ubique religiosadevotione , & amore illustrandi ecclesiae ultro aestuante . that there was no need of canons or laws to compel the payment of tithes , whiles servent religious devotion , and love of illustrating churches every where abounded . but in succeeding degenerating times , when ( according to christs prediction ) the b love and zeal of many christians to god , religion , and ministers began to grow lukewarm , and colder than before , so as they began to detain their tithes and ministers dues , then presently christian kings and bishops in ecclesiastical and temporal synods and councils , began generally in all places , to make laws and canons for the due payment of them ; declaring in them only the divine right , laws and precepts of god to the people both in the old and new testament , as a sufficient obligation ( seconded by their bare canons and edicts ) without any coercion or penalty to oblige them to their due payment . the first unquestionable canon for the payment of tithes i find extant , is that of the second council of mascin forecited , an. . cap. . the first law extent made by any general council or parliament for the payment of tithes , is that of the council of calcuth in england , under offa and alfred . an. : declaring their divine right , and enjoyning their payment without any penalty ; after which charles the emperour , about the year of our lord . by canons made in sundry councils , and in his capitulars or laws , enjoyned the payment of tithes , under pain of being enforced to render them by distresse , upon complaint , and some small penalties . since which time many laws and canons were made in our own and forein realms till our present times , for the due payment of tithes under sundry penalties , which because collected by sir henry spelman in his councils , mr. selden in his history of tithes , bochellus decret . eccles . gal. l. . tit. . de decimis , fridericus lindebrogus codex legum antiquarum , surius , binius , crab , lindwood in their collections of councils , and sundry others ; i have therefore only given the reader a brief catalogue of the principal civil laws both at home and abroad , for the due payment of them ; reciting more at large but what others for the most part have omitted , and are not vulgarly known , giving only brief hints upon some of the rest in my third chapter . whither i refer the reader for further satisfaction in this objection ; and shall conclude of penal laws as seneca doth of fates : fata volentes ducunt , nolentes trabunt : those who will not willingly pay their tiths must and ought to be compelled thereunto by penal statutes : the second objection is , that the payment of tithes is against many mens judgements and consciences : therefore it is both vnchristian , tyrannical , and vnjust , to enforce them thereunto . i answer , . that the payment of tithes being not only warranted but commanded in and by the old and new testament , and the constant practice of christians in all ages , churches , there neither is , nor can be the le●●t pretence of conscience , for the non-payment of them . therefore this pretext of conscience is in truth nought else , but most desperate vnconsci●nableness , malice , obstinacy , peevishness , covetousness , impiety , or secret atheism , worthy to be reformed by the severest laws and penalties . ly . all that conscience can pretend against their payment as tithes , is only this anabaptistical devise , and loud lye of canne and others ; that the payment of a precise tenth part of mens increase to their ministers is jewish or antichristian , and so unlawfull : both which i have unanswerably refelled . therefore this can be no ground or conscience for any to detain them . but if any scrupulous consciences be not satisfied in this point , let them either pay their ministers the moitie or . parts , or the , , , , or ▪ part of their annual encrease , neither of which is jewish or antichristian ; or else let them sell all their old or new purchased lands , houses , possessions , goods they have , and bestow them on the ministers and poor , as the forecited primitive christians did , whom they pretend to imitate , and then they may satisfie both their consciences and ministers too , without the least difference , coercion , sute or penalty of our laws . ly . many of these very objectors , pretending conscience , as souldiers or sequestrators , have made no conscience to enforce thousands of parishioners of late years throughout the nation to pay their ministers tithes to themselves for pretended arrears or sequestred goods , and exacted monthly contributions out of ministers tithes to pay the army , without any scruple of conscience , levying them by distress and armed violence , when detained . if then they can enforce others thus to pay tithes to themselves , and those to whom they were never due by any known law of god or man : with what conscience can they detain them from our ministers , to whom they are due by all divine and human laws , or condemn the enforced payment of them from themselves , who have so violently extorted them from others ? ly . if any ministers or others plead the payment of our late heavy monthly taxes , excises , impositions , ship-mony , far exceeding the old , to be against their conscience , as being imposed by no lawfull parliamental authority , repugnant to all our laws , statutes , liberties , privileges , protestations , covenants , records , votes of parliament , imployed to shed seas of innocent precious christian blood , to maintain unchristian bloody wars against our late protestant brethren in covenant and amity , they know not upon what lawfull quarrel , to support an arbitrary army government , power to domineer over them , to subvert our old fundamental laws , parliaments , covernours , liberties , peace , elections , trials , the great charters of england , foment here●ies , sects , schisms , and carry on the plots of the pope , jesuites , spaniard , french , to ruine our realms , church , religion , and pay many disguised jesuites and popish priests secretly lurking in all places under the mask of listed souldiers ( as most wise men conceive ) to perpetuate our warrs , destroy our ministers and nation by endless wars and taxes . all these , with other such weighty grounds of conscience , law , prudence , ( which a some have insisted on and pleaded ) can no waies exempt them from violent distresses , quarterings , penalties , forfeitures , levies , by armed souldiers , who regard these pleas of conscience no more than common high-way-men who take mens purses by force , and deem all publick enemies , who dare plead law or conscience in this case ; though the plea be true and undeniable even in their own judgements and consciences , as some of them will acknowledge to those they thus oppress . why then should they or any others esteem this mere pretence of conscience only against penal laws for tithes , enforced in a lesse rigorous manner , which they may with as much reason and justice allege against the payment of their just debts , land lords rents , and all other dues from them to god or men ? the d. objection is , that tithes are pure alms ; therefore not to be enforced by any law. for which the opinions of john wickliff , husse , thorp , are produced by the anabaptists , and erasmus urged by some , but without sufficient ground . i have answered this objection elsewhere , and shall here only declare , whence , i conceive , this error ( that tithes are mere alms ) originally proceeded , to rectifie mistakes of the meaning of some antient authors , and clear two texts of scripture which some scholars and ignorant people misapprehend . first , i conceive this error sprang originally from the misunderstanding of that text of deutr. . , . at the end of three years thou shalt bring forth all the tith of thine encrease the same year , and shalt lay it up within thy gates . and the levite ( because he hath no place , no inheritance with thee ) and the stranger , and the fatherlesse and the widow , which are within thy gates shall come , and shall eat ( thereof ) and be satisfied ; that the lord may bless thee in all the work of thine hands which thou doest ; compared with deutr. . , , . when thou hast made an end of tithing all the tithes of thin● encrease , the third year , which is the year of tithing , and hast given unto the levite , the stranger , the fatherless and widow , that they may eat within thy gates , and be filled ; then thou shalt say before the lord thy god , i have brought away the hallowed thing out of mine house , and also have given them unto the levite , and unto the stranger , to the fatherless and to the widow according to all thy commandements which thou hast commanded me ; i have not transgressed thy commandements , neither have i forgotten them ; i have not eaten thereof in my mourning , neither have i taken away ought thereof for any uncleaness , nor given ought thereof for the dead , but have hearkned unto the voyce of the lord my god , and done according all thou hast commanded me : ; to which that of amos may be referred . from which texts some have conceived , that the israelites paid tithes only every third year . ly . that they paid them then not to the levites only , but to the stranger , fatherless , widows and poor amongst them , who had a right and share in them as well as the levites . ly . that these texts use the phrase not of paying tithes , as a debt or duty , but of giving them as an alms ; and seeing they are given thus to the stranger , fatherless , widow at alms ; therefore to the levites likewise , here coupled with them . this doubtless was the true ground that tithes were reputed mere alms by some ▪ and not a divine right peculiar to ministers . to disperse these mists of error . first take notice , that neither these , nor any other texts in scripture stile tithes almes , much lesse pure almes , which men may give or retain at their pleasures . ly . that they expressely resolve the contrarie that they are no alms at all in the objected sense , but a most certain positive commanded debt and dutie , no waies arbitrarie in the least degree . for . by express positive laws and commandments of god oft repeated , all the particulars of this dutie are defined . . the quota pars or quantitie : all the tithe of thine encrease the same year . ly . the time of it : every third year , which is the year of tithing , at the end of three years . ly . the place of stowage : thou shalt lay it up within thy gates . ly . the persons who must receive it : the levite , stranger , fatherless , widow . ly . the place of their receiving it : within thy gates . ly . the manner of receiing it : they shall come and eat thereof and be filled . secondly , which is most considerable , the owners and tithe-payers had no disposing power over it for their own uses upon any occasion or necessitie . for , . they must bring all of it out of their houses as an hallowed thing . ly . they must make a solemn protestation before the lord , that they had given it all to the levite , stranger , fatherless , widow , and that not of their own free voluntarie bountie , but as a bounden debt and dutie , according to all gods commandments which he had commanded them . ly . that they had neither wilfully transgressed , nor negligentlie forgotten his commandments herein . . that they had neither eaten thereof in their mourning ( in times of want and distress ) neither had they taken away ought thereof for any unclean use , &c. but have hearkened to the voice of the lord their god , and done according to all that he commanded them : the reason of which protestation was , because god committed the custodie and dispencing of these three years tithes to the owners themselves , who might be apt to purloin and pervert part of them to their own private uses . i appeal now to all mens consciences , whether these very texts do not unanswerably prove tithes to be no alms or arbitrary benevolence at all , but a most precise , positive , certain debt and duty , most punctually limitted in each particular ? and whether that we now usually call alms to the poor , be not a debt and duty , as rom. . . with other texts resolve it , not a meer freewill gift , which we may neglect or dispence with as we please . having cleared the text as to alms , i shall next vindicate them from the other mistakes concerning the time of tithing , and persons receiving tithes . for which end we must know , that the jews had four sorts of tithes , as the scriptures and a marglnal authors prove , besides their first fruits , amounting to any proportion from the th . to the th . pars amongst the pharisees who exceeded others in bounty , . such tithes as every of the laity in ●●●●y tribe of israel , who had any comings in , or increase at all , paid unto the levites , out of their annual increase that was eatable or usefull for them , as a sacred inheritance , possession and reward for their service at the tabernacle ; being the full tenth part of their increase , after the first fruits deducted : which tithes they received in kinde at their respective cities and places of abode : and if any tithe-payer would redeem or compound for them , he was to adde a fifth part more than they were valued at ; because the levites should not be cheated by any undervalues , and those who redeemed them did it only for their own advantage for the most part , not the levites ; and then they should pay for it . these are the tithes prescribed levit. . , , , . numb . . , to . which the levites and their households were to eat in every place , where they resided , as their peculiar portion and inheritance ; wherein the stranger , fatherless and widow had no share , neither were they brought up to jerusalem , nor put into any common treasurie ; and paid constantly every year . and these are the tithes which our ministers now challenge and receive by a divine right , as their standing inheritance , and the churches patrimonie : and the tithes intended heb. . , , , . ly . such tithes as the levites paid to all the priests , as most affirm : or to the high priest only ( as lyra , tostatus , and some other popish authors assert , to justifie the popes right to tenths , which he challengeth and receiveth for the rest of the popish clergie in all places ) for their better maintenance and support besides their first-fruits , fees of sacrifices , oblations and other duties , being the full tenth part of the tithes they receive from the people ( due to the whole body of the tribe of levi ) numb . . . to . ly . a second tenth , which the lay israelites were obliged by god , to pay every year out of their nine parts remaining after separation of the first tenth here mentioned ; and this was likewise of all their annual increase of corn , wine , oil , cattel , sheep , honey , and things eatable ; this tithe was by gods special appointment to be carried up to the place which god should chuse , and to jerusalem in kinde , by the places that were near ; and the full value thereof in money by places more remote . which tithes and money were designed for the maintenance of their publick solemn standing feasts every year , wherein the owners , priests , levites and all the people feasted together before the lord. the residue was laid up in storehouses , treasuries and chambers together with the first-fruits and offerings for the maintenance of the priests and levites dwelling in jerusalem , having no abiding elsewhere in the countrey , and for those who came up thither in their courses and served in and about the temple ; of which some selected priests and levites who were faithfull had the oversight and distribution ; not any lay treasurers , officers or sequestrators who would be singering all our ministers tithes now , and reduce them to a publick treasurie , to fill their private purses with them . these are the tithes commanded , specified , and principally intended : deut. . , , , , , , , . c. . , to . chron. . , to . neh. . , , . c. . . c. . , to . mal. . . which tithes were abolished with the jewish feasts and temple : yet the shadow and footsteps of them continued many years after in the primitive christians love-feasts , as mr. mountague proves at large . ly . the fourth sort of tithes which the lay israelites paid , was that for the levite , stranger , fatherless and widow , payable only every third year out of all that years increase ; after the separation of the forementioned tithes for the levites , priests and annual feasts ; which the owners kept in their own barns , and were to be eaten by the levite , stranger , fatherless , and widow , within their gates and houses , deut. . , . c. . , to . now in allusion to the last kinde of tithes , st. ambrose sermone in die ascentionis , st. jerome in mal. . st. augustine , sermo : . de tempore , & ad fratces in eremo , serm. . caesarius arelatensis , de eleemosyna , hom. . eutropius in the life of st. steven , c. , . the exhortation written about an. . beda eccles . hist . l. . c. . agilardus contra insulsam vulgi opinionem de grandine , &c. p. . ivo carnotensis , epist . . the synod of york under hubert , an. and some others , press the payment of tithes to ministers , and giving alms , or some part of their goods to the poor , jointly together ; and some few of them stil● tithes , tributa refectorium animarum : the tribute ( not alms ) of the poor souls ; and tell us of tithes which god himself hath commanded to be given to the poor . but this they intend not , of the first sort of tithes due to the ministers of god ; but of a tenth of their remaining annual increase after the ministers tithes first paid ; as most of them expresly declare . viz. hierom. on mal. saltem judaeorum imitemur exordia , ut pauperibus partem demus ex toto : & sacerdotibus & levitis honorem debitum et decimus referamus , de sua particula ( not the ministers ) pauperibus ministrare ; and the english synod of calchuth , an. . with capitularia caroli magni , l. . c. . most distinctly ; decimas ex omnibus fructibus & pecoribus terrae annis singulis ad ecclesias reddant et de novem partibus que remanserint eleemosynas facient . so as there is nothing in scripture or antiquity rightly understood to prove tithes to be pure alms , as some have erroniously fancied . the second ground of this opinion , that tithes were free and pure alms , was the frequent grants , donations and consecrations of tithes and portions of tithes by several lords of mannors and lands by special charters yet extant , recited in mr. a seldens history of tithes between the year of our lord . and . ( in the darkest times of popish superstition ) to abbies , monks , friers , nunnes , and religious houses in eleemosynam pauperum ; in liberam puram et perpetuam eleemosynam to be distributed by these monks , or their almoners to the use of the poor pilgrims , strangers , widows , and orphans , in general , at their discretion , or particularly of such and such parishes ; and they supposing the monks to be most charitable to distribute them to the poor ; most of which grants or all were made by the consents of the bishops of the diocess and confirmed ; by them , and many of them with the assents of the patrons and encumbents of the churches . and sometimes whole churches with their tithes were thus granted and impropriated to monasteries and monks , in jure perpetual frankalmoigne , to the starving of the peoples souls , to pray for their patrons when deceased , and seed the bodies of the poor without their souls ; whence all or most of our appropriations and impropriations really sprang , to the great prejudice of ministers maintenance , and parishioners souls . upon this ground a many monks and mendicant fryers who were no part of the ordained ministry , ( just like our vagrant anabaptistical and unordained sectarian predicants now ) to rob the ministers and most priests of all their tithes , engross them into their own hands and disposal to enrich themselves and their monasteries , everie where cryed up tithes to be pure almes , which everie man might bestow where he pleased , and that themselves ( having renounced the world , and vowed povertie ) were fitter to receive and dispence them than the secular parish-priests ; and made this doctrine a very gainfull trade , whereby they got most of the best benefices of england , and a b great part of the tithes into their own possession , to the great prejudice of the church . and not content herewith , the premonstratenses and other orders procured a bull from pope innocent the d. about the year ● . to exempt all their lands which themselves manured , and all their meadows , woods , fish-ponds , from paying any tithes at all to parish-priests or others ; that they might bestow them in alms , or on the poor of their monasteries , as they had requested them from the pope ; as the words of the bull attest : after which they invented other bulls ( condemned in our parliament by a special act ) to exempt their tenants likewise from paying tithes , under the same pretext . and this is the true ground and original of that monkish opinion , that tithes were pure alms , and that men might give them to whom they pleased : which grant of thithes to monasteries , monks , and exemptions of their lands from paying them , upon pretext of giving them in alms , to the great prejudice of the ministers ( perdenda basilica sine plebibus , plebes sine sacerdotibus , sacerdotes sine reverentia , & sine christo denique christiani , bernard epist . . ) was severely censured and sharply declaimed against by st. bernard and hugo partimacensis , epist . ad abbatum & conventum nantire monasterii after ivo his epistles , p. . ( a most excellent epistle against this practice ) the council of vienna , an. . joannis sarisburiencis , de nugi● curialium , l. . c. . petrus blesensis , epist . . petrus clamianensis , epist . l. . epist . . and the monkish assertors of this doctrine , that tithes were pure alms , and disposable to whom the people would ; were by a pope innocent the th . stiled and censured in these terms , i sti novi magistrique dicent & praedicant contra novum et vetus testamentum : yea richard archbishop of armaugh complained much against these greedy unconscionable monks in his defensorium curatorum , for possessing the people with this opinion , that the command of tithes was not moral , but only ceremonial , and not to be performed by constraint of consciences to the ministers and curates , and that what lands or goods soever were given by any of the four orders of mendicants ought to be exempted from paying tithes to ministers in point of conscience ; which he refutes ; from these monks john wickliff , walter brute , and william thorp ( living in that blind age ) took up their opinion : that tithes were pure alms , and that the people might give them to whom they please , if they were godly preachers ; and their parish priest , lazy , proud , and wicked , which opinion of wickliff was refuted by b thomas waldensis as erronious , and condemned in the council of constance . this i have the longer insisted on , to shew how canne and the rest of our anabaptistical tithe-oppugners , revive only these old greedy monks , friers tenents and practices for their own private ends and lucre ; to wrest our ministers tithes from them into their own hands or disposing , and exempt their own lands and estates from paying tithes , that so we may have churches without people , people without ministers , ministers without due reverence , and finally christians without christ ; as a bernard writes they then had by this monkish sacrilegious doctrine and practice . the fourth objection ( much insisted on as i hear ) against our coercive laws and ordinances for ministers tithes , is this common mistake , that the payment of tithes to ministers as a parochial right and due , was first setled by the popish council of lateran , under pope innocent the d. an. . before which every man might freely give his tithes , to what persons or churches he pleased ; therefore it is most unjust , unreasonable to deprive men of this liberty , and enforce them to pay tithes to their ministers now by such laws and ordinances . i answer , that this is a most gross mistake of some ignorant b lawyers , and john ( c canne ; for in the canons of this council , there is not one syllable tending to this purpose , as i noted above . years since out of binius and surius in the margin of sir edward cooks . reports , fol. . where it is asserted ; which error he expresly retracts in his d . institutes on magna charta , f. . the words of the council , can. . plerique ( sicut excipimus regulares , & clerici seculares interdum ) dum domos locant vel feuda concedunt in presudicium parochialium ecclestarum . pactum adjiciunt ; ut conductores & feudatorii decimas eis solvant , & apud eosdem elegant supremam : cum autem id ex avariti● radice procedat , pactum hujusmodi penitus reprobamus : statuentes , ut quicquid fuerit ratione hujusmodi pacti praeceptum , ecclestae parochiali reddatur . by which constitution it is apparent , first , that parish priests and churches , had a just parochial right to the parishioners tithes within their precincts before this council , else they would not have awarded restitution to them of the tithes received ; and that they had so ordered and decreed it by sundry councils and civil laws some hundreds of years before , is apparent by the . council of cavailon under charles the great , an. . can. . synodus ticimensis under lewis the d . an. . the council of mentz under the emperour arnulph , an. . can. . the council of fliburg , an. . can. . the decree of pope leo the th . ( attributed to gelasius by some ) about the year . the council of wormes and mentz ( about that time or before ) cited by gratian , caus . . qu. . the council of claremont under pope vrban , an. . ( these abroad ) and at home in england , the ecclesiastical laws of king edgar , an. . c. , . the council of eauham under king edgar , an. . and his laws near that time , c. . and the council of london under archbishop hubert , an. . ( years before this of lateran . ) all which enjoyn the people to pay their tithes to their own mother-churches where they heard divine service , and received the sacraments , and not to other churches or chapels at their pleasures , unless by consent of the mother-churches . hence peirus blesensis archdeacon of bath , about the year . ( . years before the council of lateran ) in his . epistle writes thus to the praemonstraticatian monks , who procured an exemption from paying tithes out of their lands , that their lands were obnoxious to tithes , before they became theirs , and were paid hitherto , not with respect of persons , sed ratione territorii : but by reason of the territory and parish precincts . and pope innocent the d. his decree dated from lateran , an. . ( mistaken for the council of lateran ) cited in cooks instit . p. . was but in confirmation of these precedent authorities . ly . the abuses complained against and reformed by this council , was not the lay parishioners giving away of their tithes from their own ministers and parish-churches at their pleasures ( not a word of this ) but a new minted practice of most covetous monks , religious houses , and some secular clerks , to rob the parish-churches and ministers of all the tithes of the lands held of them , by compelling their tenants and lessees by special covenants in their leases and bonds , to pay their tithes arising out of their lands , only to themselves and their monasteries : not to their parish churches as formerly ; which the pope and this great general council resolve , to proceed merely from the root of covetousness , ( let canne and his comrades observe it , who pretend conscience to be the ground ) whereupon they condemn , reform , this practice , null the covenants , bonds , deformations , and decreed restitution of all profits by these frauds to the parish-churches . and was not this a just , righteous and conscionable decree , rather than an antichristian and papal , as canne magisterially censures it ? ly . admit the parochial right of tithes first setled in and by this council ( which is false ) yet being a right established at . years since , confirmed by constant use , custom , practice even since allowed by the common law of england , ratified by the great charter of england , ch . . with sundry other a s●atutes , acts of parliament , canons of our councils and convocations ; and approved by all our parliaments ever since , as most just , expedient , necessary : yea setled on our parish churches by b original grants of our ancestors for them , their heirs and assigns for ever , with general warranties against all men , with special execrations and anathemaes denounced against all such who should detain or substract them from god and the church , to whom they consecrated them for every ; and that as sacred tribute reserved , commanded by god himself , in the old and new testament as a badge of his vniserval dominion over them and their possessions , held of him as supream landlord ; as the c council of london under archbishop hubert , in the d . year of king john , with another council under archbishop replain , e. . the council under archbishop stratford with others resolve . there neither is nor can be the least pretext of iustice , reason , prudence , law or conscience for any grandees in present power , by force or fraud , to null , repeal , al●er this ancient right and unquestionable title of our ministers to them now ; and set every man loose to pay no tithes at all , or to dispose of them how and to whom they will at their pleasure , to destroy our churches , ministers , parishes , and breed nothing but quarrels and confusions in every place and parish at this present , when all had now need to d study to be quiet , and to do their own business ; and not to disturb all our ministers and others rights without any lawfull call from god or the nation . which unparalleld incroachment on our ministers and parish-churches rights , if once admitted , countenanced , all the people in the nation by better right and reason may pull down all the fences and inclosures of fields , forests , or commons made since this council ; deny , substract all customs , impositions , duties , rents , payments publick or private imposed on , or reserved from them since that time by publick laws , or special contracts , and pay all their rents , customs , and tenure-service● , to whom and when they please ; which our grandy late army-purchasors of kings , queens , princes , bishops , deans and chapters lands , with other opposers of tithes may do well to consider for their own advantage and security , their titles to them being very puny , crazy , disputable , in comparison of our ministers to their tithes . now whereas a thomas walsingham , randal higden a monk of chester in his polichronicon , and henry abbot of leycester write ; that the general council of lyons in france ) under pope gregory the tenth , an. . decreed ; ( what others ignorantly attribute to the council of lateran aforesaid , an. . ) v● nulli homini deinceps licea● decimas suas ad libitum , ut antea , liceat assignare , sed matrici ecclesiae omnes decimas persolverent : which seems to imply , that before this council every man might give his tithes from the mother church to whom he pleased , notwithstanding the council of lateran and innocents decrees . i answer , . that there was no such canon made in this council , as these ignorant monks mistake , which is undeniable by the acts and canons of this council , printed at large in binius , surius , and other collectors of councils ; but only one canon , against clergy-mens alienation of the revenues of the church ; and another against the vsurpation of the churches revenues by patrons in time of their vacancy : which have no affinity with that they mention ; which if true , then that which canne and others object , that the council of later an made this inhibition , and took away this liberty of disposing tithes at pleasure from the parishioners , is false , as i have proved it . secondly , that from this mistake of these monks it was ( as mr. b selden probably conjectures ) that william thorp ignorantly affirmed , that one pope gregory the tenth first ordained new tithes first to be given to priests now in the new law. john canne to manifest his great ignorance both in history and chronologie , in his second voice from the temple , p. , . writes thus . before the council of lateran , which was under innocent the third , any man might have paid his tithes to any ecelesiastical person he pleased ; but by that council it was decreed , that tithes should be paid to the parochial priest : ( which i have proved a grosse forgerie ) and then he addes , william thorp saith , that pope gregory the tenth , was the first , that ordained tithes to be paid to priests , in the year . fox , p. . wherein , . he mis-recites thorps words , who speaks not of tithes in general , but only of new tithes : not antiently paid by the jews , nor prescribed to them by god. and is this square dealing ? ly . he subjoyns the time ( which thorp and master fox do not , ) referring this decree of gregory the tenth , to the year . which was four years before the council of lateran , by his own confession and falls within the popedom of ●nnocent the third , and is no less than . years before the council of lyons under gregory the xth. and his papacy ; there being no less than seven popes intervening between this innocent and gregory , as platina , onuphrius , in their histories of popes lives , and binius , spondanus , oxenetius , matthew westminster , the centuries of magdenburg , mr. fox himself and heylin affirm . and most certain it is , that neither this pope gregory , nor the council of lyons under him , nor of lateran under innocent , made any such decrees concerning tithes , as canne here boldly asserts ; and with these two forgeries , he most impudently concludes , the payment of tithes is popish , nothing more certain , ( when as nothing is more false or fabulous ) and so within the d . article of the covenant of the two nations ( nothing more untrue , both in the intentions and explanations of the makers and takers of that covenant , as their several ordinances for tithes both before and after it demonstrate ) which many have sworn ( not he nor his confederates , or else perjured with a witness , if they have done it , in every clause thereof ) to endeavour the extirpation of superstition and all kind of popery , ( therefore of all monkish , popish substractions of , and exemptions from payment of tithes to their parochial ministers fore-recited , invented , granted by popes , and real popery ) and therefore as it is a case of conscience ( for those who have taken the covenant to pay tithes , not for any man whatsoever , especially covenanters to retain them ) so men ought to be carefull either how they press it , or practise it . so this father of lyes and forgeries concludes against all truth and conscience , and dares aver to those he stiles , ( let himself determine quo jure ) the supream authority of the nation , the parliament of the common-wealth of england , to engage them sacrilegiously to rob all our ministers both of their rectories , tithes , ministery at once ; to starve and famish ( they are his own uncharitable anabaptistical words , p. , . ) these antichristian idols , which if they neglect speedily to do , he more than intimates ( in his epistle to them , and let them and all others observe it ) the lord ( you may guess whom he means ) shall lay them aside , as despised broken idols and vessels in whom his soul hath no pleasure : like those who sate there before them : just john of leydens doctrine and practice . it is storied of sacrilegious philip of macedon ( by a polybius and others ) in aras et templa sae viit , ipsos etiam lapides infringens , ne destructas aedes posthac restitui possint , and that to raise monies to pay his all-devouring army ; and of dicaearc●us ( his atheistical general , as impious as his soveraign ) that returning victoriously from sea , he built two altars , one to impiety , the other to iniquity , and sacrificed to them as to gods. certainly b john canne , who would have all our churches razed to the ground , and not a stone of them left upon a stone unthrown down , that they might never be built again , ( the true voyce of a son of edom and c babylon ) and all our ministers rectories , tithes , food and maintenance , whereby they are fed and kept alive , taken away by the magistrates , ( and that to maintain the army and souldiers , as some design ) would be a very fit chaplain for such a sacrilegious king and general ; and a fit priest or minister for these two infernal deities of impiety and iniquity , the only gods , which too many pretended saints and anabaptists really serve , worship in their practice . but let canne with all his impious , unrighteous , seduced disciples , patrons , remember that blessing which dying moses , that man of god , ( a better president , general for christians to follow , than these pagan atheists ) bestowed on the tribe of levi ( a extending to all true ministers of the gospel now ) with his bitter imprecation against all who invaded their substance , function , or rise up against their office , recorded thus for their shame and terror , deuter. . , , , , . this is the blessing wherewith moses the man of god blessed the children of israel before his death . and of levi he said , let thy vrim and thy thummim be with thy holy one : for they have observed thy word , and kept thy covenant . they shall ( or let them ) teach jacob thy judgements , and israel thy law : they shall put incense before thee , and whole burnt sacrifice upon thine altar . blesse o lord his substance , and accept the work of his ●ands : smite through the loyns of them that rise up against him , and of them that hate him , that they rise not again . which i shall recommend to john canne for his next text , when he preacheth before his fraternity of anabaptistical tithe-oppugners , and church-robbers ; to all injurious substracters of their ministers tithes , and professed enemies to their calling . and so much for the third proposition . chap. iv. i now march to the th . proposition , that our ministers tithes are really no burthen , grievance or oppression to the people ; but a just antient charge , debt , annuity or duty , as well as their landlords rents , or merchants poundage . that the abolishing of them , will be no real ease , gain , or advantage to farmers , lessees , and the poorer sort of people ( as is falsely pretended ) but only to rich landlords and landed-men , and a loss and detriment to all others . there have been divers clamorous petitions of late against tithes , subscribed by many poor people , labourers , servants , apprentises , who never were capable in their estates to pay any ( not by the nobility , gentry , and freeholders of the nation , or the generality of those whose estates are most charged with them , who repute them no burden nor grievance , and desire their continuance ) as if they were the very bonds of wickednesse , the heavy burdens and yoak , which god himself a by an extraordinary call , hath called forth some in present power speedily to loose , undo and break , isay . , . to which they allude , and much insist on , when as it is most clear , that this perverted text was never once intended of tithes , which god himself imposed on his people , as a just reserved rent and tribute due unto himself and his ministers , and adjudgeth it plain ( b ) robbing of god to substract , much more then to abolish , and those who press the abolishing of tithes from this text , may with much more colour urge it against all landlords rents , annuities , tonnage , poundage , the antient customs of wool , woolfels , leather , tinne , lead , which they and their ancestors by their tenures and our known laws have paid time out of mind : and presse those in power to expunge these texts out of the very gospel , as apochryphal and burdensom , mat. . ● . render to caesar the things that are caesars ; and unto god the things that are gods ( a clear gospel-text for the payment of tithes , which are gods own tribute and portion , levit. . , . mal. . , ) and rom. . render therefore to all their dues , tribute to whom tribute is due , custom to whom custom , &c. against both which they directly petition , as the premises demonstrate . this calumny and wresting of scripture being removed , i shall thus make good the first branch of the proposition . i have already manifested by undeniable antiquities , laws , records , that tithes were freely given to and setled on our church and ministers , by our pious kings munificence , charters , laws , with the general applause and consent of all the nobility and people , upon the very first setlement of religion in this island , many hundred years before we read of any publick taxes for defence of the realm , or maintenance of the warres by land or sea , the first whereof was a dane-gelt ( first imposed by common consent of the lords in parliament , an. . ) or before the antientest yet continued cust●me on wool woolfels and skins exported , first granted by parliament in e. . anno dom. . at least . years after the first extant grant , law and setlement of tithes in perpetuity , as a divine duty , rent and service for the necessary maintenance of gods ministers and publick worship . this most antient , annual rent , charge or tribute unto god , hath inviolably continued in all publick changes and revolutions of church and state ; bri●ons , saxons , danes , normans , english , papists , protestants , conquerors , invadors , right heirs , and lawfull purchasers , intruders , disseisers , less●es of all sorts , whether publick persons or private , maintaining , consirming , rendring their tithes successively , as a divine and sacred quit-rent due to god , wherewith they came charged into the world , till they departed out of it ; laying down this for a principle of divinity , law , equity ; b that god alone bath given to every man the lands and all he holds and possesseth , whereby he gains his food and living ; and therefore out of the land and trade , whereby every one gets necessary supply for his body , he ought to contribute a tenth and tribute towards the service of god , and salvation of his soul , much better than his body ; as augustine in his . sermon . tom. . and the antient saxon canons of an uncertain time and author resolve . there was no purchaser , heir , inheritor , farmer , tenant , or lessee of lands in our whole nation , that paid tithes out of it , since tithes first setled in this kingdome ; but he inherited , purchased , took and held his lands charged with tithes ; whence our a law-books resolve , that no lay-man can by the very common law of england , allege any custome or prescription , for not paying tithes but only a modus decimandi in recompence of his tithes ; which he may in some cases plead , because grounded on some antient contract and a valuable consideration in lieu of tithes . ; moreover , as all men took their purchases , farmes , leases or inheritances , by descent thus charged ; so this charge was universally known to all purchasers , lesees , and the full annual value of the predial tithes they pay out of their lands , or leases , abated them in their purchases , rents , fines , by the venders and lessers , of purpose to defray the publick necessary annual charge ; which if the lands had been tithe-free , had been proportionably raised , to the common value of the tithes , in the purchase ▪ moneys , fines , or rents ; and will be so by every seller of lands , and land-lord , when ever tithes be suppressed . this being a clear undeniable truth , which every rational man must subscribe to ; it is certain , no person this day living , complaining or not complaining against tithes , can in verity , equity , justice , reason , repute or call them , either an unjust or oppressing yoak , bond , burden ( as many ignoramusses do , without sense or reason ) nor any burden or charge at all to him , since he had , or rather hath the full annual value of them allowed him in his purchase , fine , or rent , by him that sold or leased his lands unto him . and although it be true , that in such tithes as the earth doth not naturally produce without labour ( as it doth grasse , wood , fruits , ) viz. corn , hops , saffron , woad , and the like , the minister enjoyes the tenth of the husbandmans increase , seed , labour and costs in tillage and improvement ( the great objection against tithes as an heavy burthen , and oppression ) yet all this pretended great cost and charge ( except only in cases of improvements ) was altogether , or for the most part allowed and defalked in the purchase , rent , or fine ; which if tithe-free would have a been , ( and when made tithe-free , will be ) raised to the full value of the tithes , even one years purchase more in ten sales , and . rent more in every pound each year upon lease● , as all understanding men knowing what belongs to purchases , sales of lands or leases must acknowledge . and that farmer , purchaser , or improver of lands , who deems not his faithfull ministers prayers , preaching , pains , and gods blessing on his seed , crop , estate , soul , family , b promised and entayled to the true payment of tithes , and are only procured by his ministers prayers , without which his seed , crop , and all his estate would be blasted with a curse , & amount not to a tenth part , of what he now enjoys by gods promise and blessing by paying tithes , and his ministers prayers ; deserves not the name of a rational man , much lesse of a christian ; and can expect nothing but gods curse upon all he sowes , plants , enjoyes , instead of a blessed crop or harvest . all which considered , i appeal to any christian , or rational mans conscience , whether tithes be any such heavy , oppressing , intollerable , discouraging yoak , bondage , burden , oppression as some now declaim them , which gods chiefest saints before the law voluntarily rendred without murmuring , and chearfully vowed , paid unto god without a law , and his antient people rendred without murmuring ( though double to our tithes now ) by an express law , during all the levitical priesthood , and all our ▪ own ancestors , as well protestants as papists , have for so many hundred of years chearfully rendred without dispute , and all now living came charged with into the world , and were thus allowed the value of them in their purchases , fines , and leases . and whether all tithe-payers have not far more cause to petition against all old and new rent-services , rent charges , annuities , quit-rents , statutes , debts , wherewith they were charged by their ancestors grants or contracts , and of all the antient customs for merchandize for defence of the seas of realm , as intollerable oppressing burdens , yoaks , grievances ( as the levellers and anabaptists in some l●●e printed papers stile all customs , tonnage , poundage , impositions whatsoever , as well as tithes , our excises , or monthly taxes , of new illegal formation , as well as imposition ) than thus to murmur , complain , petition against their predial tithes , our ministers chiefest livelihood , except in cities which have no tillage , woods , or meadows ? and so much briefly for proof , that tithes are no real grievance , burden , oppression , to gods people ; especially since orignally granted and commanded by god himself , whose commandements are not grievous , john . . and whos 's heaviest yoak is easie , and burden light , matth. . . and those new-saints , who shall think otherwise of this divine commandement , yoak , and burden of tithes , under the gospel , give the gospel it self and christ the lye herein . for the d . branch , that the abolishing of tithes will be no real ease , gain , or advantage to farmors , lessees , and the poorer sort of people , lyable to pay tithes ( other poor being not concerned in the controversy , whose poverty it self ex-exempts them from this surmised grievance ) but a gain and benefit , only to rich landlords and landed-men , is apparent by the premises . for no sooner shall tithes be abrogated , but every landlord will raise the full annual value of them in his annual rents , or fines , and exact more for them from his poor tenants , farmers , lessees , than they might have compounded for with their ministers : and where then is their expected gain , or ease , wherewith they are deluded by impostors ? as for the rich landlords , they complain not of tithes as a burden , and need no exemption from them : and as all predial tithes now really issue out of their inheritances charged with them in perpetuity , who therefore abate , allow the full value of them to their farmers and tenants in their fees and rents , by way of defalcation , they being in truth the greatest and most considerable tithe-payers , not the poor farmers , or under tenants : so their inheritances only will be much improved , augmented by tithes abolishing at least one part in ten ; whiles the poor ministers and families shall be starved , and the tenants then more racked by the landlords than by the ministers now . and this is the godly goodly ease this saint-like project will effect , if put into execution , by which none will be real gainers , in their temporal estate , but those who have inheritances ; and all losers in their spiritual estate , by the losse or great discouragements of their ministers , hebr. . . this will appear by the practice of some greedy land-lords of old , thus recited , condemned in this decree of the council of lateran under pope innocent the d anno . in aliquibus regionibus , &c. ( i will english it , that our country farmers may the better understand it , ) in some countries there are a stupid ( or mungrel ) sort of people who living according to their custom , although they have the name of christians ( i doubt canne will say they were anabaptists , and his godly predecessors ) some lords of farms ( or lands ) let them out to these men to manure ( ut decimis defraudentes ecclesias , majores inde redditus assequantur ) that by defrauding the church of tithes , they may gain the greater rents from their tenants ( equivalent no doubt to their tithes , where then is the tenants gain by any hoped exemptions from tithes ? ) being willing therefore to provide remedy for these prejudices , for the indemnity of churches , we ordain that the landlords themselves shall commit their farms to be leased to and tilled by such persons , and in such sort , that without contradiction they may pay tithes to churches with integrity ( or their intire tithes without any deduction : ) and if there shall be need , let them be thereto compelled by ecclesiastical censure , for these tithes are necessarily to be paid , which are due by divine law , or approved by the custom of the place ( though not within the letter of the divine law , is the councils meaning , not any modus decimandi of ought within gods law , against which no custom can or must prescribe ) let all country-men learn from hence , what they will get by abolishing tithes , if voted quite down . nay let them consider well , whether the real designs now on foot , prosecuted by some army - officers and souldiers , be not to vote down tithes , just as they did the crown lands ( formerly a reputed sacred , and incapable of any sale , because the common standing inheritance of the whole realm to defray all ordinary publick expences in times of peace and war , to ease them of all subsidies and taxes whatsoever , except one in three or four years upon extraordinary occasions , granted in full parliament for their safety ) even to vote them only from the ministers , and get them into their own hands , to help pay themselves and the army , under pretext to ease the people in their taxes ; and yet continue their taxes still upon them in the same extream ( or 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 . . it will be so to all our ministers and their families , tithes being their principal livelihood . ly . 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 . ly . to all impropriators and their lessees , which are very many ; there being by a mr. cambdens and others computation , . parishes in england , whereof . ( 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 . ly . 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 . ly . 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 a hospitality ; now much decayed by heavy and endless taxes , and unconscionable substractions of their tithes , by sectaries , souldiers and lawless covetous earth-wormes . ly . 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. b augustines observation long ago , recorded by c gratian , d 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 sequestr●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 . declared for , and observed as a truth in those daies . and angelus de clavasio in his summa angelica tit. decima sect . . in his time . petrus blesensis , arch deacon of bath ( who flourished about the year of our lord . ) 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 . . 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 cu●●broat of vertues , this original of sedition , this sink of scandals , hath dared to break in even to your congregation ; the vo●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 anothers ; if you did not take away tithes from clergy-men . this is a convectio ( or rapine ) little enough , but that which doth not a little dishonest your life . by the testimony of the scriptures , they are the tributes of needy souls . and what is this injurious immunity that you should be exempted from the payment of tithes to which the lands were subject , before they were yours , and which are hitherto rendered to churches , not out of respect of persons , but by consent of the territory ( mark now the just punishment upon them , for this their covetousness and exemption from tithe-paying ) milites galliarum sibi jus decimarum usurpant . &c. the souldiers of france usurp to themselves the right of tithes , and have no regard of your privileges : eas a vobis potenter extorquent : they extort them from you by the power of the sword. adversus eos debetis insurgere , non adversus clericos , aut ecclesiasticos clericos . you ought to rise up against them , but not against clergy men , or the churches of clergy-men . laurentius bochellus recites & inserts it into his decret . eccles . gall. l . tit. . c. . p. . printed an. . from which authorities , i must tel all country farmers and others , now busling to exempt themselves by the power of the souldiers from paying their antient due setled tithes to their ministers , that they shall at last but only change the hand , and be enforced to pay tithes with a witness to the souldiers , even by obtaining their desires . whiles i was a late close prisoner in pendennys castle in cornwall under souldiers ( i never yet knew why ) i heard some officers there ( who had purchased crown-lands in cornwall , not for mony , but arrears of pay ) amongst other their new projects oft times peremptorily saying , we will have all tithes put down ; whereupon i told them , they should have done well to have added saint james his advise to their peremptory words and wills ; which he much censures ; by saying , as they ought to do : if the lord will , we will do this or that , james . , , , . which i thought they durst or could not subjoyn to their former words , because it was both against the will and command of god , that ministers tithes should be put down , especially by souldiers , who received far above the tenth part of them in monthly taxes for their pay ; and from whose practice of receiving constant pay for their military service , the apostle proves the lawfulness of ministers tithes and salaries under the gospel , cor. . . after which discoursing merrily with them , i told them , i conceived the true reason , why they and other officers formerly for tithes and ministers , were now so eager against both , was , because most of them had lately purchased so much crown , bishops , deans , and chapters lands charged with tithes , that now out of mere covetousness they would pull down tithes , to hook them into their own purses from the ministers , and though they were never purchased by them in their particulars to improve their over cheap purchases , to the highest advantage ; and because others should not blame them for it , they turned preachers themselves , that they might claim some seeming right to their own and others tithes , and save the charges of a minister . at which they gave a silent blushing smile , without a reply . not long after , about the beginning of january last there came a petition ready drawn to the castle , from the general council of the army officers , sitting at st. james's ( as the souldiers themselves informed me ) directed to those , who then were stiled , the parliament of the common-wealth of england , and supream authority of the nation : though those who sent it knew the contrary , the supream power lay in others hands ; the effect of which petition was , for the total abolition of tithes of all sorts , as a jewish and antichristian bondage and burden on the estates and consciences of the godly ; and that for the future they and the people might not be insnared or oppressed with tithes , or any forced maintenance to the ministers , or any thing like it in the stead thereof . this petition all the officers and souldiers in the garrison by beat of drum , upon the change of the gards , were summoned three several mornings , ( just before my chamber window ) to subscribe , together with a printed letter sent from the said council of officers , to all the garrisons and souldiers in england . scotland , and ireland , concerning the heads of their intentions and designs then on foot ( and since executed ) desiring their opinions of , and concurrence with them therein by their subscriptions . this letter with the petition against tithes , were both read together to the souldiers three several mornings , who at the close every morning , gave two or three great shouts ; and afterwards subscribed both the letter and petition . one ensign and two commen souldiers ( who had formerly read the worcester petition for tithes , which this was to countermine ) though they readily subscribed the letter , yet refused to sign the petition ; because they thought it very unreasonable to take away ministers tithes altogether , and provide no other maintenance in lieu of them ; for which they were threatned to be turned out of the garrison and cashiered ere long ( as i was informed by other souldiers ) all the rest subscribed it , and divers of them against their consciences ( as they confessed to me ) because they durst not displease their officers , nor those who sent it to them . some officers and souldiers of the castle ( who were most against all publick ordinances and ministers , never resorting even to their own meetings , and unordained speaking chaplains in the castle ) were sent and imployed into the country to get country-mens subscriptions to the petition against tithes , in the name of the well-affected godly people in the county of cornwall ; as if it proceeded from the country-men , not the officers and souldiers . in which service , these active stirring spirits were very industrious in all parts to procure hand● to this petition , seducing divers to subscribe it , by misinforming them , that it was only against impropriators tithes ; which some honest religious gentlemen , substantial freeholders , and grand jury-men of the country being informed of , drew up a petition ( in the name of the gentry , freeholders , and others of the county , for the continuance of tithes and ministers setled maintenance , subscribed with many hands , and presented by the grand jury men to the justices at their general quarter sessions , to send up to those then in power , as the desire of the gentlemen , freeholders , and the generality of the county ) which petition ( as i have been informed ) was presented accordingly by one of the justices , by order from the bench , though one of his companions when it was delivered by the grand jury to him to present to the bench , had the impudence to tear the petition in pieces in open court , before he acquainted his associates with it ; for which he received a publick check . after the souldiers subscription of the foresaid petition against tithes in the castle , the 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 ab●●ish their ministers tithes , in the old poets elegie , in a like e●se as ours , impius haec tam culta novalta miles habebit ? barbarus has segetes ? en quò discordia cives perduxit miseros ! en queis consevimus agros ! a 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 him● ▪ 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 b officers printed proposals . , august . . 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 gospel● i profess when i read it in the diurnal , i told some souldiers who brought it me to read in pendennys , . 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. . , , . and chron. . , &c. and the heathen poet concluding , quis enim virtutem amplectitur ipsam , praemia s● tollas ? ly . 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 . ly . 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 o● 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 a 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 subi●●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 a 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 , . 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 . ly . 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 . ly . it is observable , that the petitioners against tithes upon this ground , are as eager a 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 ●● high customs or higher , than b 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 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 . ly . 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 b 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 . ly . 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 profit● 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 e. . c. . 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 , . as the marginal a 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 b goldastus and mr. c 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 a 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 b 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 c a chosen generation , a roy●● priesthood , yea army of priests , being d made kings and priests by christ himself to god the father : as john canne hath published in his voyce , p. , , , . 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. . 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 , or . 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 , chapters , and ministers glebes and tithes ) sold or conferred on the officers and souldiers , of the army for their better encouragement , reward and supportation , to propagate defend religion and the common wealth : a design now eagerly prosecuted by some . to which let them receive this answer before hand , since i intend not any future treatise of this nature , . that i never read of any pious generals , armies , officers , or souldiers in scripture ( the a rule of faith and manners ) that spoyled the church or ministers of their lands and tithes to maintain their wars , or enrich , reward themselves ; but we find it expresly recorded of b abraham , the father of all the faithfull , that he paid tithes even of the spoyls of the first wars , to the first p●●●st we find in scripture , unto christ himself , both in the old and new testament , for other christian souldiers imitation . the like we read of c david , and all his officers , captains of the army , with sundry others fore-cited ; whose presidents are more obliging and commendable than charles martels . ly . that it was the custom , use and pious practice of many pagan warlike nations , as the romans , graecians , cartbaginians , tyrians , saxons to do the like , who consecrated the tenths of all their spoyls to their idol-gods and priests , as we may read at large in mr. seldens history of tithes and review , c. . and in mr richard mountague his diatribe thereon , ch . . therefore they are worse than pagans who neglect not only to pay their ministers the tenth of their spoyls , but will even spoyl them of their glebes and tithes besides . ly . it is very observable ( and let our souldiers and officers consider it i● good earnest ) that god himself specially consecrated and devoted the future spoyls , a sacrifice for and to himself , and all the spoyls , city of jericho ( the very first city taken by the israelites in the land of canaan ) as a sacred first-fruits and kind of tenth for the use of his sanctuary and priests , in these memorable words , josh . . , , . and the city shall be devoted , even it and all that is therein ( except rabab and her family and house ) to the lord , and you in any wise keep your selves from the devoted thing , lest you make your selves accursed , when ye take of the devoted thing , and make the camp of israel a curse and trouble it . but all the silver and gold and uessels of brass and iron are consecrated unto the lord , they shall come into the treasury of the house of the lord. whereupon when the city was taken , they burnt it and all that was in it ( as a sacrifice to the lord ) but the silver and gold and the uessels of brass and of iron , they put into the treasury of the house of the lord , v. . but acban ( a covetous plundring souldier ) seeing among the rich spoyls of the city a goodly babylonish garment , and two hundred sh●kels of silver , and a wedge of gold , coveted , took and hid them in the midst of his tent ▪ which so much kindled the anger of god against the children of israel for this his trespass in these devoted things ; that they were presently smitten before their enemies of ai , and fled before them . whereupon joshua their general and chief governour humbling himself before god , and requiring the cause of this ill success ; god returned him this answer , israel hath sinned , and they also have transgressed my covenant which i commanded them ; for they have taken of the devoted thing , and have also stollen and dissembled also , and they have also put it among their own stuff . therefore the children of israel could not stand before their enemies , but turned their backs before enemies , because they were accursed , neither will i go with you any more . o israel thou canst not stand before thine enemies , untill thou hast taken away the accursed devoted thing from among you . whereupon this sacrilegious robbery of achan being discovered by lot and his own confession ; and hid stoln plunder devoted to god taken forth of his tent , and powred out before the lord in the presence of joshua , and all the children of israel : joshua passed this judgement against him for his sacrilege , why hast thou troubled israel ? the lord shall trouble thee this day : and all israel stoned him with stones , and they burned them with fire ( as a devoted sacrifice to god ) after they had stoned him with stones . and they raised over him a great heap of stones unto this day . so the lord turned from the fiercenesse of his anger . wherefore the place is called the valley of achor ( that is trouble ) to this day . and when hiel , many hundred years after in idolatrous ahabs daies , would needs seize upon the devoted spoyl of jericho , and build it again for his own habitation ; he laid the foundation thereof in his first-born abiram , and set up the gates thereof in his youngest son segub , ( that is , god destroyed , and cut off all his posterity before the gates were set up , and the building finished ) according to the word of the lord , which he spake by joshua the son of nun ; as we read at large , josh . . throughout , kings . . and josh . . . i read of a a●axerxes , that ( in imitation of cambyses before him ) he caused some judges ( betraying their trusts , like b tresylian of old , and too many of late ) to be excoriated alive , and their skins to be hanged up round about the tribunals , that the other judges sitting upon them might have an example hanging before their eyes , what punishment the pravity of iudges did demerit . i desire all souldiers , officers , and sacrilegious anabaptists , would hang up these skins and examples of achan and hiel before their eyes , recorded in sacred writ : and then make this use and application to themselves of them . if achan for stealing away only a babylonish garment and a few shekles of silver and gold of the very spoyls of iericho devoted to the service or treasury of the house of the lord , brought so much wrath , misery upon the whole nation , and camps of israel , and such a fatal death and exemplary punishment upon himself ; and hiel only for building upon the ruines of the soyl of this devoted city drew down sudden death and destruction upon all his sons and posterity ; o what strange exemplary wrath , vengeance , and judgements shall we then draw upon the whole nation , army , our souls , bodies and posterities to their utter extirpation , if instead of rendring unto god and his ministers the tenth of our warlike spoyls belonging of right unto them ; we shall sacrilegiously rob them not only of these tenthes , and all other issuing out of our lands and estates , but even of all their other glebes , rectories , tithes , revenues ; demolish the very churches , houses , dedicated to gods worship , o● turn them into houses for us and our posterities to inhabit : and obstinately , yea atheistically refuse to take warning by their , and other sacrilegious persons tragical examples ? ly . let those who will imitate charles martels president , remember . his punishment : a historians record , that for this his sacrilege , ●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 comparui● ; as matthew westminster stories of him . ly . the censure passed against him for this sacrilegious robbery , by the marginal authors and others : especially by agobardus bishop of lions , an. . in his book * de dispensatione , & rei ecclesiasticae contra sacrilegos , worthy the reading , who thus complains , p. . 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 . l. . epist . . 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 adduntu● in beneficium secularibus : moreover tithes and people are likewise added and conferred on ( these ) secular men for a reward : which in hi● lib. . epist . . & lib. . epist . . 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 . . & joannis de belith de divinorum officiorum explicatione , c. . 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 car●ing in the high way , and convert them to their proper use ; as souldiers use to do . ly . let them remember , that charles martels immediate successors so much detested both his practice and sacrilege , that by a 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 . ly . let them consider the large revenues the popish clergy at this day enjoy in france , amounting to above . millions of annual rents , at a moderate value , besides mony and oblations ; as bodine , thuanus , hist . l. . ioannes de lae●y descriptio galliae , c. , . record . to which ● 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. . & 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. . 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 ? ly . 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 , . they were raised for the a 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 . ly . they were raised and fought for the preserva●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 . ly . 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 , a 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 a 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 b 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 disinheris●on of their lands , laws , liberties , powers , by military rapines , violences , and usurpations . ly . the exemptions of the hospitalers and templers lands from paying of tithes , was a 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 , b 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 : no● 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 . . 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 c ●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 . d 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 ●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 . ly . 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 e pope gregory the first ( which famous f 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 , . which intimated to me at first sight , that antichrist was in the army : and truly if 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 a exalteth himself above all that is called god or worshipped , that is , above kings , lords , parliaments , and all civil and ecclesiastical powers whatsoever , as b expositors resolve ) into our church , and re-establish him in his throne . ly . 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 c 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 . 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 d 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 . , . 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 a● prayed : yea , he was so far from this , that when the angel of god came to him in a vision ; he sayd , thy pr●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 thing● 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 b " 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 a 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 b 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 c 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 d soldiers of jesus christ , but of antichrist alone ; and the e crucisiers of christ again in his faithfull ministers and members ; which i desire them all sadly to consider . ly . admit them to be made kings and priests to god the father by christ , in a spiritual sence , as a 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 the apostle interprets it , hebr. . . 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 . ly . 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 ou● 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 a 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. , . 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. ly . what , that more true light and glorious discoveries of christ and his kingdom made known to the people of this common-wealth within these , or . 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 a their works , with their jesuitical positions , plots , practices , recited in the fifth chapter . and if these be not true b infernal darknesse , and clear inglorious discoveries of c 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 . ly . 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 a blind leading the blind in both , they must fall into the pit of destruction in a moment . it is storied of b 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 c 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 d 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 . in his works in folio , p. , . which is very pithy , learned and satisfactory , omitting all others . now to stay the restoring of jericho , many good waies may be devised . the . maintenance of schools and learning . that learning and knowledge is able to hinder the building of jericho is so plain that it needeth no speech . in the time of moses law , aaron the great bishop and high priest had written in a tablet before his breast , doctrin and truth ; not only learning , but also truth ; whereby was meant , that neither ought to be without the other for , as learning is dangerous and hurtfull ( in some cases ) without religion : so is religion unable to defend it self , & to convince the gain-sayers without learning . for this cause the heathen when they erected temples in honour of their gods , they did also build libraries , that is , places to keep books , that by such means their priests might grow in knowledge , and be better able to perswade others to their religion . strabo of the sinprincians , that they built a temple in honour of homer , and joyned thereto a library . augustus the emperor built a temple , and also a library in the honour of apollo . trajanus in like manner built a library , and called it vlpia , after his own name . at rome in the capitol , where all the gods had a solemn place for to be worshipped in , there was also placed a library . athens was a famous universitie , and had many colleges and schools of learning , academia , stoa , lycaeum , canopus , prytanneum , tempe , cynosura : in which places were divers sects of philosophers . such were in persia , the wisemen , whom they called magi : in babylon the chaldees , in india brachmanes , in aethiopia gymnosophistae : in france and england druides : and others in other countries ▪ in all times the kings and princes which did set forth religion , were also builders of schools and colleges , and advancers of learning . the people of israel were never in better state , ( as p. phagius a learned man noteth out of their story ) than when they had in every town and village bathe chenesioth , and bathe medraschoth , that is , synogogues wherein they assembled together , and places to preach in . the same phagius , relateth of hierusalem , that there were in it more than four hundred common schools and synagogues wherein the law of god was taught . the patriarch jacob was called a minister of the house of learning , because he applyed himself to the knowledge of the law of god , and to godliness . the prophets of god had their schools to breed up under them such as might after their death draw the people from idolatry , and resist the false prophets . they which were so taught by them were called the sons of the prophets . samuel taught in such sort at rama : elias and elizeus the prophets , taught the law of god besides jericho . st. john the evangelist taught at ephesus , and eusebius reporteth out of philo , that st. mark had at alexandria sundry scholars which gave themselves to reading , and reasoning and expounding of the scriptures . others did the like at antioch , and at other places . out of such schools it pleased god to take many excellent men , and place them in his church , as origen , tertullian , cyprian , lactantius , arnobius , basilius , nazianzenus , chrysostomus , hieronimus , ambrosius , augustinus , &c. who were brought up in all kind of learning , and became shining stars , and brought lights in the house of god , notable defenders of religion , over-throwers of idols , and confounders of hereticks . christian princes herein have witnessed their zeal in setting forth the glory of god. after charles the great had made his notable conquests ( let our conquerors remember it ) he erected five famous universities , one at paris , another at tolouse , another at papia , another at padua , and another at prague : ( to which our king a alfred founder of out famous universitie of oxford with the founders of all the colleges therein , and of the universities of cambridge , dublin , and those in scotland , to omit those universities in germany , spain , portugall , poland , denmarke , sweden , hungary , and other parts of italy and france , mentioned by heylen and others , might be added : ) b " suidas reporteth of leo the emperour , that when le● on a time commanded eulogius a philosopher should have his princely reward ; a noble man of the court , sayd : ( as some do now of our universities and colleges lands and revenues ) that that money would be better imployed for the maintenance of souldiers . nay , ( saith he , and so all wise men now ) i would rather it might be brought to pass in my time , that the wages which are now bestowed upon souldiers might be given to maintain philosophers . c alexander severus , so highly esteemed that notable famous lawyer , vlpian , that when certain of his soldiers ●an feircely upon vlpian to slay him , the emperor stept forth , and set himself between the body of vlpian , and the fury of his souldiers , and covered him with his own robes , that the souldiers might know how carefull he was for the good estate of vlpian : " ( let our souldiers who hate and study to suppress philosophers , scholars , lawyers , consider these two last stories : ) and also for the contrary ; such as have practised cruelty upon learned men , and have hated knowledge were worthily discommended in the stories of all ages ; he instanceth in the wicked apostates , julian and licinius , forecited examples . the like is reported of caligula , caracalla and domitianus , that either they utterly hated all manner of learning , or had some special malice against the writings of some one notable man , and therefore sought to destroy them . such was the policy of satan , so thought he to get the upper hand , and to restore again his wicked iericho . and were these the practices of heathen princes only ? may not we remember the like attempts wrought in our dayes ? who will call ●o mind the time that is not far past , shall find that this ignorant iericho had many friends : ( and hath it not now as many and the same ? ) who by all means drew men from knowledge ; they gave liberty rather to do any thing , than to seek understanding ; and yet suffered rather the use and reading of fabulous and unclean writers than of the holy scripture , and books which carried fruitfull instruction . good letters to increase knowledge are not to be neglected . such as presume of gods spirit over-boldly , that without endeavour to use the wholsome means which god hath left unto his church , they shall and doe by special inspiration , understand his will , do tempt god. he adds much more . in brief , learning , knowledge in arts , tongues , histories of all sorts , and in the laws , governments of former ages , are so absolutely necessary for the right understanding and interpretation of the scriptures , and good government of all common-wealths and kingdoms , that without them there neither will nor can be any true religion , sound knowledge of god , his word , or works , nor orderly government , humanity , civility , navigation , or commerce almost in the world ; and men deprived of it will be little different from beasts , as appears by the brutish sottishnesse , barbarousnesse , savagenesse , ignorance of the illiterate indians in america , and of some other african and northern nations , voyd both of religion , government and humanity it self , because destitute of learning , as purchas his pilgrimage , mr. hackluits voyages , peter martyrs indian history , mercator , and others record . hereupon our antient ancestors were so carefull of learning , religion , ministers , scholars , lands , estates , tithes , that they placed them in the very front of all those antient laws , liberties , customs which they claimed , enjoyed , and presented to william the ( pretended ) conqueror upon oath in the th . year of his reign , who ratified them in parliament , without the least alteration or diminution , to his eternal honour , and the great contentment of the whole nation , whose affections else he would have lost , to the endangering of his new acquired royalty , as i have proved in the b d . chapter . which our new pretended conquerors , may do well to consider . and so i proceed to my concluding assertion . chap. v. i am now arived at the fifth and last proposition , that the present opposition and endeavoured abolition of tithes and all other coercive maintenance for ministers , proceed not from any real grounds of piety or conscience , or any considerable real inconveniences or mischiefs arising from them , but merely from base , covetous , carnal hearts , want of christian love and charity to , and professed enmity and batred against the ministers and ministry of the gospel ; and from a jesuitical and anabaptistical design to subvert and ruine our ministers , church and religion ; the probable , if not necessary consequence of this infernal project , if it should take effect . which would prove the * eternal shame , infamy and ruine of our nation , not its glory and benefit . the first part of the proposition is sufficiently manifested by the premises , wherein i have answered all objections from pretended grounds of piety , conscience , and surmised inconveniences or mischiefs made against tithes , discovering them to be mere impostures , and false surmises , and the principal objections against them are , that they are jewish , popish : and iohn canne in his second voyce from the alehouse ( for surely it came from thence , not from the temple ) to shew his skill in divinity most impudently asserts ▪ that payment of tithes is a sin two waies against the second commandement , . in it self , as being iewish and superstitious , giving honour to the wayes and devises of antichrist . this way of maintenance by tithes being a popish custom , imposed by the popes authority , &c. ly , as paid to an unlawfull and antichristian ministry , &c. surely a lyer ought to have a good memory ; he confesseth , p. . that tithes were paid by abraham , vowed by iacob , and prescribed by god himself in the ceremonial law . therefore neither jewish , nor popish , nor superstitions , nor a sin against the d . commandement : else abraham in paying , iacob in vowing , god in prescribing , the israelites in paying them , should transgresse this commandement , and commit a sin against it , i would demand of this canne , how he can reconcile these his palpable lyes and contradictions unbecomming him who professeth himself a true minister of the gospel . . how tithes can be merely jewish , since paid by gods direction and approbation , by abraham the father of the faithfull , and that to christ himself , in the shape of melchisede● , and prescribed by gods own special precept ? ly . how any thing commanded by god , even when the d . commandement was given , recorded in the same canonical books of scripture with it , practised by gods special command by all his true saints under the law , and generally in all christian churches under the gospel , as i have proved ; can possibly be , a sin against the d . commandement in it self ? and whether it be not direct blasphemy in him thus confidently to aver it , in making gods very commandements to fight one against another , and to command one thing as a duty in some texts , and condemn it as a sin and damnable superstition in another ? ly . how tithes if truly and orignally iewish , can yet be truly and originally antichristian , popish , and the popes device , many thousand years after tithes first institution and customary payment ? till he can satisfactorily reconcile these apparent contradictory assertions , or publickly recant them if he cannot , all the world must accompt him for an antichristian minister and lying impostor , his voyce , the voyce of him that reproacheth and blasphemeth both god and men , psal . . . and confess there is no ground at all in piety or conscience against tithes , or their payment , but grounds both of piety and conscience for them , as i have proved ; especially for our godly ministers and preachers of the gospel ( for whom i only plead ) whose calling being of unquestionable divine institution , notwithstanding all cannes alehouse arguments against them ( not worth a canne ) and to continue in the world to the very end thereof , and the consummation of all things , by christs own resolution , matth. . ephes . . , , , . they may and ought by divine and human laws , to enjoy their glebes and tithes so long continued , maugre all the malice , power of their violent oppugners , and will do so when they and their posterities shall not have so much as a name or being upon earth or in heaven ( unless they repent ) notwithstanding they were justly taken from popish fryers , abbots , priors , lordly prelates , ( of mere popish antichristian institution , not divine , ) when their very orders were suppressed , as mere vsurpers , encroachers of the ministers rights , rewards alone , for their pains in preaching , exercising their ministerial function in their respective parishes , not in abbies , cathedrals , ( no parish churches for the people to resort unto ) to which by the a popes bulls , they were unjustly appropriated heretofore . to clear this proposition more fully in all its branches , i have observed , that there are five sorts of persons of late , very busie , active both against our ministers tiths and callings too . the first are souldiers : the d . anabaptists , dippers , quakers , with other late blasphemous sectaries and hereticks : the d. prophane , covetous earth worms , and atheistical wretches ; who say in their hearts , and sometimes boldly profess , not only by their lives , but with their tongues in this lawless age , there is no god. the th . prophane , ignorant , cheating prognosticators and astronomers : the th . jesuitos , popish priests and romish emissaries , sent from all p●rts to ruine our ministers and religion . for the first , they are either officers and common souldiers , and those , either such who have gained or purchased lands since the wars , lyable to tithes ; for such who have no lands at all , and so not of present ability , capacity to pay tithes . those who have any purchased lands lyable to tithes , are now so fierce against them , ( for ought i c●n discern ) not out of any grounds of piety or conscience ; but , either out of an unworthy , covetous , degenerous , fordid disposition , to ease themselves and their heirs from this just antient debt , yea a charge of tithes upon their new cheap purchases , and gain them as an over-plus into their bargains , to improve their purchases to an higher value ; the case of such of them who approve of our ministers , our publick ordinances , and are no speakers , anabaptists , sectaries . or else a like avaritious disposition , mixed with and heightned by a professed enmity , malignity against the very persons , calling of our ministers , whom they usually revile by the names of baals priests , black coats , antichristian locusts , rotten , corrupt clergy-men , seditious , factious varlets ; and all other rayling epithites , which lilly in his late almanacks and scurrilous pamphlets , hath furnished them with , which they much magnisie . this is the case of such sword men , who are above , or against all ordinances , duties publick or private : or antiscripturists , antitrinitarians , anabaptists , seekers , quakers , asserters of the souls mortality , as rising from and dying with the body ; of all their ordinary unordained speakers , preachers , infected with any other erronious , heretical , or blasphemous opinions ; of all disguised jesuites , priests , papists under the profession and name of souldiers those who have no lands liable to tithes , petition and speak against them ; either meerly to please their superior landed-officers , for fear of being cashiered by them ; or because they are infected with anabaptism , jesuitism , errors , blasphemy , schism , arianism , atheism , contempt of all publique ordinances , duties , and a bitter emnity against our ministers persons , callings , or intruders into their office ( as well as into most other professions ) without any lawfull call . these , in my observation ( and i appeal to every of their own consciences in the presence of the searcher of all hearts , for the truth of it ) are the only true grounds , motives of any officers or souldiers present stickling opposition against tithes and ministers , arising from within them , as they are private persons . and these unchristian grounds , seconded with the open or under-hand sollicitations of their anabaptistical , heretical , schismatical , jesuitical , astromatical friends and acquaintance out of the army ; backed with a most impious , wretched , sacrilegious policy to please the simple oppressed , deluded country people in discharging them at present from the payment of tithes to their ministers , that so they may augment their taxes to the full value of their abolished tithes , to support themselves and the army the longer in a body , to uphold their supream enchroached powers , preserve , encrease their new purchases , estates , depending wholly upon the new law and title of the longest sword , are in my apprehension the only true causes why the general council of officers of the army , with the souldiers under them , by their directions , as a new created all-swaying military corporation , have so oft appeared publickly against our ministers tithes to abolish them ( and their ministry by necessary consequence with them ) which all other opponents ( being inconsiderable ) were never able to effect , but by their armed power . these are all the real principles of piety , conscience ( if they deserve the title ) i could ever yet find amongst them ; engaging the army-officers and souldiers against tithes , which how inconsistent they are with the real profession , or grounds of christianity , piety , conscience , justice , saintship , let their own consciences and the world resolve ; and what censures , execrations , judgements they may in justice expect from god , for such a sacrilegious rapine , as they intend upon these carnal , impious , atheistical grounds , policies , hypocritically gilded over with the paint of conscience , reformation , religion , propagation of the gospel , &c. which makes the design more detestable both to god and all good men . the second sort of tithe oppugners are professed anabaptists , dippers , seekers , quakers , and other blasphemous sectaries and heretiques , lately sprung up amongst us , many of which have crept into the army for their greater security , and the better accomplishment of their dangerous destructive designs against our established government , magistrates , laws , but especially against our religion , church , minister , ministry , their tithes and glebes . scarce one of a thousand of these poor sneaks were of ability to pay any tithes of late ; and those of this prevailing faction , who have crept into sequestrations , offices , imployments of late , and thereby gained any estates , for the most part , have enriched themselves by sequestred tithes , glebes , bishops , deans , chapters lands and revenues , which these hungry harpyes have most greedily preyed upon , not out of any real grounds of piety or conscience ( as they pretend ) which i could yet seldom or never find in any of them ; but out of an unsatiable greedy a holy hunger or thirst ( in the poets sence ) after gold , gain , spoyl , the revenues of our church , and an implacable bitter enmity against our ministers persons , callings ; whether presbyterians ( the chief butt against whom their malice is bent ) or independents of a more moderate strain ; whose ministry is the main fort they level all their present power against , to raze it even to the very foundation ; now prosecuting the total abolition , not only of their present tithes , glebes , but of all other future coercive maintenance in lieu of them , only to subvert their ministry , and quite starve ( if they cannot violently storm ) them out of it . this is most perspicuous , not only by their manifold former libellous pamphlets against our ministers calling , and the late ordinances for tithes , which i have a elsewhere collected , refuted , but by their fresh petitions both against their tithes and ministry too , as antichristian , jewish , popish , &c. especially by john canne the old amsterdam anabaptists second voyce from the temple ( or b synagogue of satan rather ) newly dedicated to those he stiles the supream authority of the nation , wherein he exhorts and stimulates them , by all the art , rhetorick , motives , false arguments he can muster up , to do execution , and take vengeance upon babylon ( to wit , the national ministry , church-worship & government of england , as he explains it , p. . ) till it be wholy desolate , not a stone left upon a stone , till it be thrown down : to take a most effectual and certain course to c starve and famish these antichristian idols , by taking away the food and maintenance whereby hitherto ( as at this present they are nourished , fed and left alive ) and more particularly their tithes . to repeal all laws and statutes formerly made , whereby the whore hath lived deliciously and proudly , and keeps on to this day her whorish attire . to make the whore desolate and naked by making no act or law to stand in force which doth yield any relief to her . to set themselves in array against her ( by the armies power no doubt , which he alludes to ) bend their bow , fan and empty her . to set upon this work speedily , in good earnest ( as it seems they do ) whiles it is to day : and why so ? because the lord himself hath by a call more than ordinarie , called them to this more than ordinary imployment , ( if he could have proved it by scripture or law , it had been more worth than all his pamphlet ) put this fair ( or rather foul ) opportunity into their hands ; hath commanded his sanctified ones , and called his mighty ones ( the army-officers ) to fulfill his pleasure upon this great whore ( the church and ministry of england ) and sion is in travel and ready to bring forth ( this monster of desolation and confusion : ) which if they neglect or delay , then mark how he briefly menaces them with the fates of their late predecessors , i would think you should never be sitting in that house , but be thinking still on those who sate there before you ( and why not as well on faux and the gunpowder traytors , as those , since there seems another powder-plot in the vault to blow them up , intended by canne and his confederates if they fail in accomplishing this their desired work ? ) whom the lord hath lade aside as despised broken idols and vessels , wherein his soul had no pleasure . and why ? as they knew not their generation-work ( which he excites them to ) neither were faithfull to the interest of jesus christ . god is no respecter of persons , as men sow , so they shall reap . ex ungue leonem , ex cauda draconem . you may see by these passages , and his whole pamphlet pursuing them , what these malicious , inhuman , barbarous , irreligious , hypocritical anabaptists aym at in their present violent prosecutions against tithes ; even utterly to starve , famish , subvert , extirpate our ministers , ministry , church , worship , government , and make our land a mere spoyl , desolation , as their predecessors did munster , and some parts of germany , whiles in their power . but let canne and his anabaptistical confederates remember what tragical a ends their new king john , with all his princes , grandees , officers , prophets , followers came to in conclusion in germany : and what fatal ruine befell b jack cade , iack straw , wat tyler , sharp and other levelling companions , who had the self-same designs against our english laws , lawyers , clergy , tithes , glebes , as he and they have now , animated thereto by the new-dipped iesuites , and other romish emissaries lately crept into their anabaptistcal fraternity to further this their infernal gunpowder-plot against our church , religion , ministers , magistrates , government , laws , and let them thereupon repent of , desist from , abominate this their diabolical , wicked design , lest they incur the self same punishments in conclusion , by stirring up god and all the whole nation against them , as most accursed rebels , traytors , instruments of satan , yea that very antichrist and whore of rome , they pretend they are blindly acting against , whose designs in truth they are but accomplishing in the highest degree . i must here observe ( and desire all others to take notice of ) three things . first , that in cannes voyce , and in all other late pamphlets , petitions of the anabaptists , wherein they seem to vent their most passionate zeal against antichrist , babylon , the whore of babylon , their chief instruments and supporters , i cannot find so much as one clause or syllable against iesuites , popish priests , papists , romish emissaries ; or exciting the execution of any laws or statutes formerly made against them ; but the whole stream , bent of them all is only against the godly ministers , ministry , worship of the church of england , the presbyterian government , and our present church-worship , the only babylon , whore , antichrist , they intend and fight against , not the pope and church of rome . ly . that they are so far from pleading against the pope , popish priests , iesuites , and urging the execution of the good oaths , laws , made by late and former protestant parliaments ▪ gainst them and their treasonable practices , that they have frequently written , petitioned for their repeal , abolition , as bloody tyrannical laws , unlawfull oaths ▪ and procured their repeal or suspension at least , in their favour from some late and present powers , ly . that when some consciencious pious stationers late in their beacons fired , discovered to those then in power , the many sorts , multitudes of jesuites , popish books printed in england within . years last past , in defence of the pope and church of rome , all popish doctrines , ceremonies , and reviling our church , religion , as heretical ; desiring them to take it into their timely considerations , to suppress this growing mischief , design to corrupt the people , and reduce them back to popery , ere they were aware : kiffin with other anabaptists in the army , headed by colonel pride , taking an alarum thereat , subscribed and printed a book intituled , the beacons quenched , ( penned they know best by whom , not the subscribers of it , not yet inspired with the gift of all the tongues therein contained ) pleading for a free tolleration of such popish books printing , dispersing amongst us , of publick disputes by those of that religion , traducing , accusing the presbyterians throughout that pamphlet , and those honest zealous stationers in particular , of no l●sse than a new gunpowder-plot , mine , train , ( then ready to be sprung ) to blow up those , colonel pride and his confederates first made , and then stiled , the parliament of the common-wealth of england , and the army too ; only for discovering thes● popish books and trains to blow up our religion : which scandal , as the stationers then fully cleared by their satisfactory reply to that impertinent pamphlet , so the subscribers of it their fellow-souldiers of the army ( better versed by far in mines and fireworks to blow up parliaments , and nearer related to old a guy faux , a low-country souldier , by reason of their military profession , than these stationers and presbyterians , they thus falsly slandered ) have since cleared before all the world , to be a malicious calumny , of which themselves only are guilty , and given just cause of jealousie , fear , to all presbyterians , old protestants and p●ritans to apprehend , that they now really joyn their forces and heads together with those thus pleaded for , to ruine our church , religion , ministry , under the notion and project of suppressing tithes , and of all future compulsory maintenance for the ministers of england , whom they intend to starve and famish ( such is their charity ) if they can but vote tithes down , before they provide any other maintenance ; which vote once passed , the next will be , to vote them both out of their rectories , glebes , churches , ministry too , as cannes voice , and the kentish petition against tithes root and branch , sufficiently discover to all who are not wilfully blind : enough to make all men now to look about them . that the dominican , franciscan , and other popish fryer● , were the first broachers of this opinion , that l●ymen were not bound to pay tithes to their ministers by any divine law or right ; on purpose to draw the tithes of ministers and curates to themselves , and exempt whatever lands or things were given to them from payment of tithes ; i have elsewhere evidenced out of a mr. selden and others ; whereupon b johannes sarisburiensis bishop of chartres thus censured them , miror ut fidelium pace loquar , quodnam sit ut decimas & jura aliena usurpare non erubes●unt . inquient fortè religiosi sumus . planè decimas solvere religionis pars est . adding , that their exemptions from payment of tithes did derogare constitutioni divinae , derogate from divine institution . and petrus blesensis , archdeacon of bath , in his . epistle inveighs very much against the privileges of the cistercian monks exemption from payment of tithes , as injuriosa immunitas , contra dei justiciam : seeing justiciae divinae manifestè resistit , qui ministris ecclesiae nititur jus decimationis auferre : which these ▪ friers not only persisted in , by substracting their own tithes from the ministers by colour of these exemptions , but likewise the tithes of their other parishioners , especially such who contemning and deserting their own parish priests and churches , resorted to these friers chapels , and acknowledged them for their ghostly fathers and confessors . this is most evident by the petition of the parish priests and rectors of london to the archbishop of canterbury and the rest of the bishops in a synode , ( about the year of our lord . ) against the dominicans and franciscans , who much impaired their profit ; wherein they complained a that their parishioners who at leastwise on lords daies and festivals are bound to frequent their parish churches , and to receive sacraments and sacramentals in the same , and devoutly to hear divine service , as also to offer at solemn masses due and accustomed oblations ; did repair to the places and houses of these friers , and scorn and forsake their parish churches , and so confer the due rights of the church wherewith the churches were antiently endowed , upon the friers . also they who confess themselves to these friers , who before were accustomed annually by the canon-law to pay tithes of their tradings to their parish churches , from the time since they submitted themselves to the confessions of these friers , modo debito ac consueto negociationes s●as decimare non curant , neglect to pay tithes of their tradings , after the due and accustomed manner . and is not this the very present grievance , complaint of most london and other ministers throughout england , that since these disguised romish friers & jesuits swarming in all places under the masks and titles of anabaptists , quakers , and other sects , have in imitation of these their predecessors , in their writings , preachments , and conventicles declaimed against our ministers tithes , as not due unto them by any divine right , to rob our ministers of , and draw the value of them to themselves ; and since their parishioners who are bound to resort to their parish churches on lords daies and feastivals to hear divine service , sermons , and receive the sacraments in a devout manner have resorted to the conventicles and meetings of these friers and jesuites , and submitted themselves to these new ghostly fathers and confessors , they have quite contemned , deserted their own parish churches , neglected , refused to pay any personal or predial tithes or oblations to their ministers after the due , and formerly accustomed manner , and bestowed the due rights and ancient endowments of their parish churches , ( in value or substance at least , though not in kind ) upon these friers and romish locusts , whose very doctrin , practice in this particular of our ministers tithes and oblations , and their substraction of them ( yea in most other tenents now broached by them for new light ) are the very same in all particulars which these friers in former ages both at home and abroad , as i have evidenced in my quakers unmasked , my new discovery of romish emissaries ; and our london , lancashire , newcastle and other ministers , have plentifully demonstrated in sundry publications , with mr. edwards in his gangraenaes ? we may then most clearly discover these romish d wolves now crept in amongst us in sheeps-clothing , by these their fruits , and practices ; whose pleas against our ministers tithes , resolve into these atheistical , unchristian conclusions . . that the tithes of christians increase are too much for god himself who created them , and gives all to them . . too much for christ who redeemed them , who gave himself to death for them , and is a priest for ever unto god the father after the order of melchisede● in their behalf . . too much for the ministers of christ , whose lives , studies , spirits are wholy spent in ministerial incessant labours for their eternal welfare . . too much to be layd out for the instruction , salvation , of their own immortal souls ; when as the other nine parts are consumed on their bodies , families , if not sins and lusts . . too much for an orthodox protestant minister ; but not for a disgui●ed , seducing popish jesuitical priest or frier . o brutish , foolish , bewitched , infatuated englishmen , now at last consider this your desperate folly , delusion , before it be over late , in following these disguised seducers , to your own and our religious ruiue . the d. sort of tithe-oppugners are prophane , covetous earth-worms and atheistical wretches , who care not for god or religion , saying unto god and his faithfull ministers , like those atheists , job . , . depart from us , for we desire not the knowledge of thy wayes ; what is the almighty , that we should serve him ? and what profit should we have if we pray unto him ? yet because few of such are now active sticklers and petitioners ( as such ) against tithes , but only mere substractors , detainers of them at present , they are lesse blame-worthy , and not so culpable as the two former , and subsequent ranks , the chief active sticklers , petitioners , writers against them . the th . rank of grand opposites against our ministers and their tithes are prophane , ignorant , cheating , monthly prognosticators and astrologasters , as john booker , nich. culpepper , and above all others william lillie , a most bitter , rayling ral shekeh , whose late almanacks , ever a since . and other idle prophetick pamphlets , are so fraught with scurrilous invectives , raylings , predictions of our ministers , presbyterians downfalls , and their tithes , the souldiers , peoples general opposition , insurrection against them , &c. almost in every line , as if the army-officers , souldiers , anabaptists , priests , jesuites , had purposely hired him , to carry on their designs against our ministers , their tithes , maintenance , to subvert our religion ; and the jesuites , anabaptists , furnished him out of all their ●ayling pasquils , satyrs , with reproachfull terms , invectives , slanders against them , which have swelled up his frothy , silthy papers to an extraordinary b●lk , beyond his fellow - prognosticators , and made them so much cryed up , read , studyed both by officers , souldiers , anabaptists , and other simple people , incensing them against our ministers and their tithes , a● things which the late constellations , ecclipses of the moon and sun have specially designed ●o speedy ruine . when i was close prisoner in dunster castle in the year . the officers and souldiers there , sent me lilies a new almanack to read , wherein i found , such a world o● bitter , rayling , jesuitical epithites against our ministers , and predictions of the sodain downfall of their m●nist●y , tithes , maintenance , from pretended malignant constellations , ( which y●● on the contrary at the same time did promise acts of grace and favour to popish recusants , w●o in their zeal and loyalty to the new republick exceeded most presbyterians ; ●nd pres●ged some worthy actions , in creating new cardinals , &c. to be done in rome and italy as he therein predicted ) as made me suspect him to be more than half a jesuite , or at least their scholar , confederate , pensioner to promote their designs against our ministers ; and to acquaint m● . bradshaw ( my committer ) with others at whi●ehalt so mu●h in my letters to them : but our tithes and ministers not falling down that year , as he falsely prognosticated , he still continued to predict their downfalls in his lying b prognostications , , and . much read and cryed up by the officers and souldiers at pendennys castle in cornwall , who sent me them to ●ead , wherein he retained his former malicious raylings against our ministers and their tithes , to ●ender them odious to the souldiers , army , people , and all originally , because reverend mr. gataker , with the assembly of divines in their annotations to the bible , on jer. . , . and other texts , and others of them of late , had " censured the art of judicial astrology , astronomy , and the principles of i● ( wherewith he and his fellow-wizards cheat poor people of their mony , by calculating their nativities , telling what wives , husbands , fortunes they should have , whether they should recover their sicknesses , what good or bad voyages they should have , what was become of their lost or stollen goods , or where they should find them , foretelling what weather , sicknesses , publick alterations in state , church-affairs , and church-men too , should happen from the malign or benign aspects , conjunction of the stars , planets , or the ecclipses of the sun and moon ) as a mere cheating imposture ; a heathenish , wicked , unchristian practice , delusion , contrary to scripture , reason , philosophy , theological doctrin , ecclesiastical disciplin ; yea a meer impious fraud and villany . " the sottishnesse , falsity , groundlesnesse whereof ( built upon meer ridiculous figments , forgeries , absurdities , dreams , imaginary signes , houses built by them in the heavens , and such malignant qualities as their fancies have ascribed , not god infused into the planets ) those who have been deluded by such cheating knaves and pick-purses , the greatest impostors of any ( as learned henry bullinger in his commentary on jer. . . sixtus senensis bibl. l. . annot. . and the subsequent authors stile them ) may for their satisfaction read at large in bardesanis syms ( the best learned of all the chaldean astrologers ) quoted by eusebius de praepar . evangel . l. . c. . in cicero de divinatione , l. . in picus mirandula his . books against astrology , in joseph scaliger his preface before manilius , in dr. chambers book against judicial astrology , london , . in sixtus ab hemminga , lib. astrologiae refutatae , antw. . in jo. francus offucius , in larvatam astrologiam , an. . in cornelius scepperus , contra astrologos , col. . in georg. trapezuntins , libellus cur astrologorum judicia sint falsa . alex. de angelis , in astrologos conjectores , romae , . in john milton , his astrologaster , . in hieron . savanorola , adversus divinatricem astronomiam , florentiae . in apologeticus interpretis pro tractatu hieron , savanorolae adversus astrologos , flor. . in mr. samuel purchas his pilgrimage , l. . c. . p. , . &c. . p. . in ludovicus vives de corrupt . artium , l. . who censures it as a fraud , not art , in mr. thomas gataker his vindication of his annotation on jer. . against the scurrilous aspersions of that grand impostor , william lilly ; newly printed , . and the authors quoted by him , in bochellus decret . eccles gallicanae , lib. . tit. . where the decrees of many french councils are recited against this diabolical cheating profession , prohibiting christians to buy , read , keep , or credit such books , in which many unprofitable , superstitious , false , yea impious and sacrilegious things are contained , which books ought to be suppressed , damned , and utterly abolished ( yea burnt like those acts . . as the council of burdeaux , an . and johan charberius de gersonio , in his trilogio astrologiae theologiza●ae , proves at large . and those who will compare culpeppers & lillies wild monstrous false predictions concerning the several states , kingdoms mentioned in their almanacks , prognostications for this present year , and the great plagues , mortality which should be both the last and this summer in london ( though never freer from pestilence than at these seasons ) with their , and others usual false predictions every month concerning the weather , their manifold contradictions both to themselves and one another , will easily discern them to be meer lyars , impostors , and their art a cheat. now let them all tell me at their leisure , by what warrant from scripture , philosophy , reason , art , sense , the constellations of the heavens , or ecclipses of the sun & moon these last years only should certainly predict , portend , excite souldiers , sectaries , or country people by any divine ordination , or real influence on their dis-affected spirits , to pull down the ministers of the gospel , & their tithes , being both of divine institution and establishment to a continue to the worlds end : when no other constellations , ecclipses of like nature in any former ages of the world since the creation , portended or effected the like ? or how the stars in heaven should thus professedly sight against , and pull down those b stars ( the ministers of the churches ) which christ himself holds in his right hand ( out of which none can pull them ) and their tithes too , being antient , perpetual appurtenant to christs own eternal priesthood , heb. . , to ? more particularly , i shall desire this scurrilous impostor lilly to inform me , how it comes to passe , that the celestial stars , planets , ( and good angels which he oft couples together in his merlins ) who in the year ● . ( as he c prints in his ephemeris for it ) by their good influence stirred up by gods providence the parliament to take care , that preaching ministers should be placed in every county of this kingdom , and a sufficient stipend allowed where formerly none was for which we ; ( writes he , including himself in the number ) must ever acknowledge our thankfulness : and that the figures he erects on the x. of march , . astrologically predicting the state of our english affairs and clergy , should by the rules of astrologie , and his own iudgement thereon ( then printed , venus being then found in the ninth house ) import , that many of the clergy should trot and trudge , or change their habitation out of one county into another , nay shall willingly travel long journies ; by which i conceive ( writes he ) is meant , that our present parliament shall this year place worthy men into warm benesices , and distribute the deserving clergy-men of england into several quarters of this kingdom , as in their wisedoms they think convenient . blessed be god , for his creatures . the stars , promise they may travel safe without prejudice , or at least , they indicate so much , &c. and shall obtain profit and good by their oft changings , and remove of habitations . and the godly ministers so dispersed into several counties , shall prevail with the people to amend their lives , and live more soberly , religiously , &c. as also , that most of those itinerant preachers , or divines , shall leave behind them lesser livings , and go to enjoy better . to which he addes by way of jeer this passage against mr. geree for writing against astrology , " now for that astrologo-mastix is a master of arts , and capable of preferment , i humbly implore , he may be made priest of teuksbury , from which place ( per varios casus ) he once in haste trotted , &c. that but years after this , the heavenly stars , planets , angels in the year . ( as his a ephemeris then prognosticates , very frequently ) should threaten ill and unwilling payment of tithes , in many counties to the clergy : much heart burning of the people towards them . that after a small season , or a very few years , no tithes shall be paid them : for a plain people will arise , gifted by god with such spiritual knowledge , as the generality of the people will decline their sophistical school doctrines , and wholly adhere unto those who preach god only , and jesus christ his son : " and that they should be so implacable , as to continue these and worse threat●nings against all presbyterian ministers , presbytery , rectories , tithes , and the whole english clergy , ever since this year , so far , as to portend or ascertain , not only their general opposition by swordmen , the generality of the nation , and their governours and people , but sodain downfall and extirpation : of which all his merlins and prognostications surfet . tantaene animis caelestibus irae ? doubtlesse , the heavenly stars , planets , and good angels are not so contradictory to themselves , or maliciously , irreconcileably malignant against our ministers persons , callings , tithes , presbytery , as this arch cheat , would make poor simpletons believe . but it is only the language and malignity of his own malicious heart , tongue , pen against them , because enemies to his absurd , diabolical , lying , cheating , artlesse art of astrology , witnesse his own words ; i hate presbytery ( and hatred and affection as himself writes , cause often errours and mistakes in their art and predictions : ) art thou a presbyterian ? thou art an enemy to astrology , and weariest thy auditory with invectives against me . i desire thee to conform , lest a worse thing happen to thee ( than deans and chapters lands ) for if thou labourest to root up or pull down this fabrick , which god hath erected , then i say , in a small season , or very few years , no tithes will be paid thee , &c. with many such like a passages since , wherein he reviles , vilifies , mr. calvin , perkins , geree , case , calamy , farmer , gataker , owen , with sundry other divines by name , and all of them in general , only because , they have preached or writ against the vanity , falsity of his cheating astrology , by which he gets his living ; as much as he reviles , jeers his companion , wharton , ( naworth , new rth , ) for contradicting him in his own science , whom yet elsewhere himself and culpepper too , extraordinarily applaud for his exact transcendent knowledge in astrology , though all . of them diametrically contradict each other in their predictions from the stats , or different factions rather . this malice of theirs against our ministers and their tithes ( wherein they have proved lying diviners hitherto , and will do so to the worlds end , if we credit matth. , c . ephes . . , , ) no doubt is elevated , augmented by jesuites and popish spanish agents , the chief promoters of this study of astrology amongst us , and very intimate with these lunatique , star gazing incendiaries and time servers ; it being the expresse advise and project of thomas campanella ( a great astrologer and jesuited italian fryer , much magnified by lilly in some of his merlins , ) in his treatise de monarchia hispaniae , wherein , as he shews the king of spain the readiest means to make himself monarch of the whole world , and particularly of a england , scotland , ireland , holland , ( by dividing them one from and against another by unnatural intestine wars , turning our monarchy into a common-wealth ; dividing our three kingdoms one from and against another , by making them republicks or elective kingdoms , breaking our naval forces by the dutch fleet and other nothern nations , fomenting perpetual divisions and schisms amongst us : thereby to destroy our civil government , forces , and become a prey to the spaniards atlast ) so he prescribes this , as b the readiest way to undermine our protestant religion , and draw men from the study , love , practice thereof , to promote the art , study of astrology and telestan arts amongst us , to erect schools of astrology and mathematicks , and encourage the students of it with rewards . which i wish all lovers of our religion , vigilant statesmen , and lilly ( with other astrologasters , the chief promoters of this design ) to take special notice of , and thereupon to abandon , suppress this impious , atheal , sottish , cheating art , grounded upon no rules of reason , philosophy , divinity , experience , but mer● imaginary whimsies , figments , chymeraes , signes , houses in the air , of lunatick cheats and impestors , as all rational , judicious scholars who peruse their scheams , astrological conjectures , judgements , predictions , treatises , must acknowledge ; and i by gods assistance , may hereafter demonstrate to the world if there be occasion , being not so pertinent to my present theam . the fifth and last squadron of professed enemies against our ministers tithes , glebes and setled maintenance , are jesuites and jesuited papists : and that not out of any malignity against tithes themselves , which they all hold to be of divine right and institution , according to the definition of their idolized a council of trem , sess . . de reformatione , c. . which thus determines against their present practice and design : non sunt ferendi qui variis artibus decimas ecclesiis obvenientes , substrahere moliuntur , aut qui aliis solvendis temerè occupant , & in rem suam vertunt . cum decimarum solutio debi●a sit deo. et qui eas dare noluerit , aut dantes impediunt , res alienas invadunt . praecepit ergo sancta synodus , omnibus cujuscunque gradus aut conditionis sint , ad quas decimarum solutio spectat , ut eas ( ad quas de iure tenentur ) in posterum cathedrali , aut quibuscunque aliis ecclesiis vel personis quibus legitimè debentur , integrè persolvant : qui vero eas aus substrahunt , aut impediunt excommunicentur ; nec ab hoc crimine nist plena restitutione secuta , absolvantur : but merely out of malice and design against our ministers and their ministry , of purpose to starve and ruine them , thereby to set up popery , and intrude themselves into their rectories , yea into our bishopricks and deaneries too , and then they will not only cry up tithes again , with the due payment of them to themselves from the people , according to the utmost rigour of this trent-canon , and other laws , for their due payment by divine and human right , but likewise resume all bishops , deans , chapters lands , ( if not abby lands too ) into their hands , as sacrilegiously alienated from the church without lawfull power and right , as robert parsons the jesuites memorial for reformation , ( written at b ) sevil in spain , anno . ) william watson in his quodlibets , p. , , . with the c statute of mariae , parl. . c. . for reviving the bishoprick of durham , restoring all ecclesiastical and temporal jurisdictions , lands , hereditaments whatsoever thereunto heretofore belonging , though dissolved , setled in the crown and town of newcastle , by the statutes of e. . c. . and another act not printed , will inform the world , and alfonsus de vargas de stratag . jesuitarum , p. . now that the jesuites ( many hundreds of which society now lurk every where amongst us under the disguise of anabaptists , souldiers , tradesmen , seekers , dippers , converted iews , physicians , gentlemen , travellers , merchants , and other like , to work our ruine ) have a hand in this design to deprive our ministers of their tithes and rectories , to work their ruine , is most apparent . first , by their former procedings even against their own secular priests in england , where they seeking to work their utter ruine , subversion , supplantation , to int●ude themselves into their imployments , by their machiavel , atheal plots , about the year , to , did first by their scandalous books , libels , slanders against there priests , bring their persons and priesthood into scorn and contempt amongst the generality of the english papists , preferring every lay brother of their society before them , executing their priestly function without a lawfull call , or ordination : and then endeavoured to substract all maintenance and contributions from them ; threatning to make them leap at a crust , and to pine and starve them ; debarring , interrupting all their maintenance from english recusants , in such sort , that many of them pined away through grief of mind , want of food , and were so near perishing , that they were necessitated to petition queen elizabeth and her council , for some allowance in their prisons to keep them from starving . yea they and their jesuited followers and proselites derided their seminarie priests and ghostly fathers in this manner , ah , hah , hah ; a seminary , and old queen m●●y priest , a secular , &c. you shall see them all leap at a crustere it be long , &c. and having got iudas his office ( to carry the mony bagg ) into their own and substitutes hands , they disposed of the wealth and charitie of catholicks ( consisting of many thousand pounds ) where , how , and to whom they pleased , for their own enriching and advancement : which made the secular priests write , that england was become wild , priesthood and sacraments had in contempt , religion made but a matter of atheal policy ; and priests through the jesuites falsehood , calumniations and untrue suggestions to the superiours and all estates , brought into such high contempt , that their verie ghostly children , whom they had begotten , had forsasaken , houted , shunned , despised them , as if they were none other but their stepfathers , and shewed their charity so coldly to them , as many of them were in extream want , and few or none of them scarce able to live ; as we may read in watsons quodlibets against parsons and his fellow jesuites , p. , , , , , , , , , , , , , , , , , , , , , . and elsewhere throughout that book : in joan. bogermanus cateches●s jesuit . l. . c. . thuanus hist . l. , mercurius jesuiticus , tom. . p. . william clark his reply to father parsons libel , printed . fol. , to , which being the very condition and complaint of our godly protestant ministers in most places throughout the nation at this day , is no doubt a storm of these jesuites raysing , a very plot and design of their hatching , ●omenting to ruine our ministers and their ministry now , as they would have done their own secular priests then in england , to advance their own power , profit , ly . it is evident by a rob. parsons and other jesuites old project for reformation of england , when they should get power in it : to take away all lands , manors , benefices and setled maintenance of the church from the english clergy and universities , and make all ministers , and scholars mere pensioners and stipendiaries at their pleasure , set up itinerary preachers fixed to no particular church , ( like our wandring quakers , anabaptists , sectaries of late ) instead of parochial pastors , of which more anon . ly . alfonsus de vargas tole●anus : in his relatio ad reges & principes christianos , de stratagematis politicis societatis jesu , ad monarchiam orbis terrarum sibi conficiendam ; printed . cap. , to . proves at large out of the jesuites own printed defence and other writings ; that these new doctors , of no conscience , no faith , no honesty or shame , have perswaded the emperour and other kings , against their oaths , trusts , duties , charters , the law of nations , and all divine and human laws , that it was lawfull for them , upon a pretext of necessity , for the ease of the people , and maintenance of their wars , souldiers , to alienate the lands , revenues , maintenance of abbies , religious men and of the church , upon souldiers , for the defence of their bodies , and of the church ; that so themselves might gain a share of them for the advantage of their own societies , contrary to the wills , intentions of the first donors and founders : whereupon he thus justly jeers them , cap. . p. . " that the institution of the jesuites society peculiarly tends to this , that their colleges should beinstituted and society maintained out of the ruines of the church , and rapines of other mens goods , à quibus societatis institutor et conditor ignatius , cum etiamnum ad legionem bellator esse● , minime alienus fuisse , nec a solita militum rapacitate quicquam demutasse , sine ulla ejus contumelia creditur , e●si autem militiam mutavit ac simul cum sociorum ne dicam furum manipulo christo imperatori sacramentum dixit , non propterea rapinam omnem ejerare necesse habuit , &c. he remaining a plunderer still , after he became a saint : seeing the prophe● isay seemeth thus to prophecy both of his rapine and wound in his halting legg , cap. . tunc dividentur spolia multarum praedarum : claudi diripient rapinam . " therefore no wonder this spirit of rapine continues in his disciples : who doubtlesse have infused the self-same spirit of rapine into our anabaptists and souldiers , into whose societies they have secretly insinuated themselves ; somenting and intending to lengthen out our wars so long , of purpose to make a prey of our remaining church-revenues , rectories , tithes , and college lands too at last , ( as they have done of other church-revenues already dissipated ) out of a pretext of necessity , as is most transparant to all intelligent peoples eyes , thereby to destroy our religion by devouring our ministers , churches patrimonies , the probable , if not inevitable consequence of this jesuitical project , if effected , as is most apparent by this notable passage of roderyck mors formerly a grey fryer , in his complaint and supplication to the parliament of england , about h. . after the dissolution of monasteries , pertinent to my purpose , and as worthy consideration now as then , ye that be lords and burgesses of the parliament house , ( writes he ) i require of you in the name of my poor brethren that are englishmen and members of christs body , that ye consider well ( as ye will answer before the face of almighty god in the day of judgement ) this abuse , and see it amended . when antichrist of rome durst openly without any visor walk up and down thorowout england , he had so great favour there , and his children had such crafty wits ( for the children of this world are wiser in their generation than the children of light ) they had not only almost gotten all the best lands of england into their hands , but also most part of the best benefices both of parsonages and vicarages which were for the most part a all improved to them . and when they had the gifts of any not improved , they gave them unto their friends , of the which alwaies some were learned , for the monks found of their friends children at school . and though they were not learned , yet they kept hospitality and helped their poor friends . and if the parsonages were impropred , the monks were bound to deal almesse to the poor and to keep hospitality , as the writings of the gifts of such parsonages and lands do plainly declare in these words , in puram eleemosynam . and as touching the almesse that they dealt , and the hospitality that they kept , every man knoweth , that many thousands were well relieved of them , and might have been better , if they had not had so many great mens horse to feed , and had not been over-charged with such idle gentlemen , as were never out of the abbies . and if they had any vicarage in their hands , they set in some time some sufficient vicar , ( though it were but seldom ) to preach and to teach . but now that all the abbies , with their lands , goods and impropred parsonages be in temporal mens hands , i do not hear tell that one half peny worth of alms , or any other profit cometh unto the people of those parishes . your pretence of putting down abbies , was to amend that was amiss in them . it was far amiss , that a great part of the lands of the abbies ( which were given to bring up learnned men that might be preachers , to keep hospitality and give alms to the poor ) should be spent upon a few superstitious monks , which gave not xl. pound in alms , when they should have given cc. it was amiss , that the monks should have parsonages in their hands , and deal but the xx. part thereof to the poor , and preached but once in a year to them that paid the tithes of parsonages . it was amiss , that they scarcely among xx set not one sufficient vicar to preach for the tithes that they received . but see now , how it that was amise , is amended , for all the pretence . it is amended even as the devil amended his dams leg ( as it is in the proverb ) when he should have set it right , he brake it quite in pieces . the monks gave too little alms , and set unable persons many times in their benefices . but now where xx . pound was yearly given to the poor , in more than c. places in england is not one meals meat given . this is a fair amendment . where they had alwaies one or other vicar , that either preached or hired some to preach , now is there no vicar at all : but the farmor is vicar and parson altogether , and only an old cast away monk or frier which can scarcely say his mattins , is hired for xx . or xxx . shillings meat and drink , yea in some places for meat and drink alone , without any wages . i know , and not i alone , but xx . m. mo , know more than d. ( we may now adde . ) vicarages and parsonages thus well gospelly served , ( yea not served at all , but the church doors quite shut up ) after the new gospel of england . so he . this doubtless will be the general sad condition of all england ( as it is now in most part of wales ) if tithes and rectories be quite voted down , abolished , or disposed to the souldiers , or brought into a common treasury ( which will hardly leave ministers the tenth of their tithes , as our late sequestrators left not the tenth nor fifth part clear gains , and value , of all sequestrations generally throughout england , to the state , as i found by examination of their accompts upon oath ) which is now so violently prosecuted , endeavoured by many . and then we shall have a glorious blessed reformation indeed , according to the popes and jesuites hearts desires , who like ravening wolves will make a prey of all flocks in the defect and absence of able pastors , through want of maintenance and poverty , as they have done in many places throughout the realm , seduced by them to jesuitism , anabaptism , atheism , through defect of able ministers , and ejection of former incumbent pastors under pretext of scandal , insufficiency , or malignity , by arbitrary or anabaptistical committees , sequestrators , prosecutors , without any legal tryal by their peers , or any care at all to place better , abler , or any minister at all in divers parishes in their places : whereupon these active jesuites , with other romish emissacries under the disguises of anabaptists , seekers , dippers , inspired brethren , quakers , ranters , souldiers , new illuminates of extraordinary endowments , and itinerary predicants , who pretend to preach the gospel freely , have seduced thousands , divided the people into sundry sects , and almost ruined our church and religion in a short space , which they will soon accomplish to their hearts content , can they now but vote down tithes , glebes , and set up new committees in all places of their own and the anabaptistical party , ( concurring in design and most principles with the jesuites , as a watson in his quodlibets , and others prove at large ) to eject our remaining ministers at their pleasure , under pretext they are antichristian , scandalous , and no ministers of jesus christ ( as john canne and others have already prejudge them ) that they and their agents may step into their places ; and at last , when all their designs against our state , church , governm . are produced to maturity , re-assume their tithes , rectories , with our bishops , deans , chapters and abby lands too into their actual possessior , according to the jesuite parsons and his companions long prosecuted project , at large related by william watson the priest in his quodlibets , p. , , , , , , . with other plots lately prosecuted ad unguem to subvert our religion , laws , government , monarchy , and enslave us to the iesuits , popes , spaniards tyranny and vassalage in conclusion ; first laid by parsons and other pragmatical jesuites , then seconded by thomas campanella , in his treatise de monarchia hispanica c. . . and elsewhere : prosecuted of late years by the jesuites and spanish agents on the one hand ; and cardinal richilieu and his instruments on the other hand ; who at his death in the begining of our late warrs ( which he was very instrumental to rayse ) recommended the prosecution of them to the french king and his successor cardinal mazarin ; as a noble italian count , conte galliazzo gualdo priorato , in his historia , part . printed at venice in to anno . ( dedicated by him to the king of poland , and written in italian ) p. , records in these words , worthy all english statesmens special notice : where writing of the affairs of the year . and the death of cardinal richelieu in particular , he records , that amongst other things he caused some papers to be delivered before his death to the king of france , full of policies and maximes of state , directing him how to carry on his eusiness with all forein states . his advice in relation to england was this . che sopra , &c. that above all other things the king of france should endeavour to keep the government of great britain divided , by upholding the weakest party , that the other might not make it self too powerfull reducing the kingdoms of england , scotland , and ireland to be divided ; ( by one of these two means or both ) either by nominating ( new ) kings : or by reducting them to a common-wealth . yet with this caution , that when they are reduced to a common-wealth , so to order it , that it may not be intirely one , but divided : for republiques ever enemies to poteut neighbours , and iealous of their liberties , ought to be suspected by the state of france . how punctually this advice hath been pursued by the french ( as well as parsons and campanellaes plots of like nature by the spaniards ) those who please to peruse the lord george digbies cabinet letters ( printed in the collection of all the publique orders , ordinances and declaration of parliament in folio , by the commons order ) . p. , , , , , . and my speech in parliament p. . & , to . may read at leisure , and every mans observing experience can sufficiently attest . the lord now at last give us hearts to be deeply sensible of it , and grace , zeal , courage to make timely use of it for the preservation of our kingdoms , nations , churches , ministers , religion from impendent ruine . having given the world this brief accompt of the principal promoters , prosecutors of the present grand plot against our ministers , their tithes and rectories , i cannot upon serious consideration of it but foresee and divine , that if all or any of these projectors ( through gods heavy judgment on us for our sins , and detestable violations of all oaths , vows , covenants , trusts , protestations , promises , declarations divine and human laws ) should by power , fraud , policy , or armed force so far prevail with our present legifers or swaying grandees , as totally to take away and abolish the rectories , tithes and present setled maintenance of our ministry , for the souldiers pay , or other ends ; or else secretly to bring them all into a common treasury , and reduce all our ministers to set arbitrary stipends out of them , to dispossess them of the future actual possession of them , and make them wholy dependent on the arbitrary discretions of new intruding land-lords into their churches , patrimonies , freeholds from whom they never received them at first ; as it would inevitably produce a world of mischiefs and inconveniences both to all patrons and parishioners throughout the nation , without the least ease or benefit to the people ; so it would certainly either totally ruine our ministers , making them all poor fryers mendicants , neglecting their callings , studies , to get their living by begging from door to door , and as a peter martyr observes , to be ventris potius quam ecclesiae ministros , ostiatim validè mendicare , & non mendicantes , sed manducantes appellari : and thereby subvert our church and religion with them in very few years space , open such a wide door for the pope and whole body of popery to flow in upon us again with an impetuous irresistable deluge , that we should no waies be able to resist their progress till they were re-estated in their former supremacy and prevalency amongst us . and then rhose very romish factors who are now so violent against tithes and rectories , of purpose to starve our ministers out of them , and their ministry for the present , will not only forthwith resume ( as they did in b queen maries daies ) their pristine abolished pontifical power , and set up their ecclesiastical consistories , high commissions , and bloudy inquisitions amongst us , higher than ever they were in former ages , to the utter extirpation of our protestant ministers and professors too , but likewise presently resume into their hands all those rectories , tithes and antient dues , whereof they now endeavour to deprive our ministers ; with all our late arch-bishops , bishops , deans , chapters , cathedrals lands and revenues , as sacrilegiously alienated from the church , against the lawes both of god and man , as well as against their popish b canons , by those who had no right to dispose of them if they proceed to resume all abby lands too in protestant hands at least . and then all late or antient purchasers of such lands , now confederating with them out of covetousness , ambition , rapine , or other respects , will repent too late of their inconsiderable , unrighteous , unchristian complyance with them against our ministers glebes and tithes , and have as ill a bargain in conclusion , as divers old projectors had in the purchase of our crown revenues , when resumed , or setled in the crown again , by many special c acts of resumption , for the publick weal and ease of the people in their taxes , as being the constant , standing revenue of the whole kingdom to defray its ordinary publick expences , which none can or ought to alien or purchase from the republick to enrich themselves by the publick losse . wherefore i shall now refer it to their saddest thoughts to consider , whether it will not be far safer for all such army-officers and others who have purchased church lands , to joyn together with all such zealous protestants who desire the continuance of our ministers antient tithes and maintenance ( more aimed at than impropriators tithes ) against these jesuites and romish emissaries now oppugning them ; and to us : their utmost endeavours to detect , apprehend , prosecute , execute all our former good laws against them , to prevent their mischievous present and future designs against our ministry , church , religion , nation ; than ignorantly or wittingly to confederate with and assist them to accomplish their present sacrilegious projects , to ruine us ( and themselves with their posterities ) in conclusion ; and thereby incur the self-same crime , charge of high treason which themselves and the whole parliament of england so lately prosecuted against canterbury in the , , , , , , & . d articles of his original charge , for which he lost his head on tower hill. to draw to a cloze of this proposition , i shall desire all truly fearing god throughout the nation and army too , sadly to consider these particulars . . that those who are the chiefest sticklers against tithes and our ministers setled co●rcive maintenance ( especially jesuites and anabaptists ) are the greatest professed open adversaries to our ministery , church , religion of all others , desiring nothing but their utter ruine , as their late printed pamphlets and petitions manifest : therefore to gratify them in their designs herein , is to ruine all at once , for whose defence we have spent so much christian bloud , treasure , pains of late years , against the common enemy and jesuited popish party . . that many of those who in their printed papers , have decryed our ministers tithes and coercive maintenance as inconsistent with the peoples liberties , and a great bondage to them , have as b earnestly declaimed against all inclosures , coppy hold tenures , land-lords old rents , services , antient customes , imposts , which being not so antient , nor ratified by so many statutes , charters , muniments of all sorts as tithes are , will not be able to stand before their opposition and arguments against them , if our tithes and ministers glebes should once fall before them . 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 a 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 . . 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 b 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 ●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 . ly . 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 , . that they shall be as bitter enemies to and persecutors of the ministers of christ amongst us in and by this very project , as a 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 de●erving such an inhuman censure , depriving them of their livelyhoods . ly . 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 , pet. . , . an heart they have exercised with covetous practices , cursed children , which have forsaken the right way , and are gon astray following the way of balaam , the son of bosor , who loved the wages of unrighteousnesse . these are wells without water , clouds carried with a tempest , to whom is reserved the mist of darknesse for ever . ly . that although god should miraculously preserve a faithfull able ministry and his true religion still amongst us through the bounty and charity of other well affected christians , yet they have done their uttermost endeavours to destroy them , and the peoples souls with them , both for the present and succeeding ages . ly . that this unrighteous violent act will in all probability bring in a world of confusion , atheism , schisms , heresies , divisions , contentions , blasphemies , disorders amongst us , in all places ; a b famine of the sincere preaching of gods word ; a neglect and contempt of learning and piety ; a c dilapidation , spoliation of all or most parish churches , chapels ; a confusion of the bounds of all parishes , and parochial congregations ; and bring all those calamities on our nation , as it did upon the israelites when jeroboam thrust out the priests and levites from their glebes , suburbs , ministry : thus registred chron. . , , . now for a long season israel was without the true god , and without a teaching priest , and without law ( as some would have us now ) and in those days ( mark the consequence ) there was no peace to him that went out , nor to him that came in , but great vexation upon all the inhabitants of the country : and nation was destroyed of nation , and citie of citie , for god did vex them withall adversity . in which condition they continued , till king asa and the people renued , repaired the decayed altar , house and worship of the lord , gathered all the people to jerusalem to worship god , and enter into a solemn covenant and oath to serve the lord god of their fathers , with all their hearts , and with all their soul : and that whosoever would not seek the lord god of israel , should be put to death , whether small or great , man or woman : offred sacrifices to the lord of the spoyl they had taken from the enemy , ▪ oxén and . shéep ; and brought into the house of god , the things that his father had dedicated , and himself had dedicated , silver and gold and vessels ( formerly taken thence ) and then there was no more war in divers years . v. . to the end of the chapter . and probably our wars , taxes , vexations will never end ; till we give over our late irreligious , sacrilegious rapines , church robberies , and do the like , as this pious king and his people here did . ly . that this discouraging , robbing , abusing , despising , mocking , misusing , of gods messengers , prophets sent amongst us , and of all his and their words against our wicked atheistical , sacrilegious rapines , is the high way to provoke the wrath of god to rise against us till there be no remedy , yea to bring in a powerfull foreign nation upon us to pillage , waste , destroy , enslave our whole nation , extirpate us out of the land of our nativity , and carry us captives to a foreign nation , as it did gods own people heretofore . chron. . , to . sufficient motives to deter us from such a dangerous practice . ly . i must inform our army officers and souldiers , that it is expresly against the very laws and rules of war even in a foreign enemies country won by conquest , to rob , destroy , pillage churches , temples , or things devoted for the maintenance of gods publique worship ; which not only the best christian generals , and souldiers , but many heathen and mahometan generals , princes , commanders made conscience not to plunder , deface , demolish or substract , as grotius proves at large by many instances in his book de jure belli . l. . c. , . sect . , , . annotata on them . how much more then is it against the law of war and armes it self to make a prey , plunder of churches , rectories , glebes , tithes in their own native country , against their own consciences , covenants , commissions to defend them ? yea such generals , souldiers and whole armies who have made no conscience to observe it , have been frequently destroyed for their sacrilege , as many heathen historians observe , as well as christian : herodotus , in my edition p. , , , , , , , , , , , , . diodorus si●ulus bibl. hist . p. , , . dion cassius rom. hist . p. . justini historia ● . . p. . l. . p. , to , , , . caelius rhodiginus ant. lect. l. . c. eutropius rer. rom. hist . p. , , . paulus diaconus p. . nicetus hist . p. , . laurentius begerlink . chronogra : p. , , . record sundry examples of this kind , both among pagans and christians , to deter others from this dangerous destructive sin : which if they neglect & scorn , i shall then desire them to remember that saying of euripedes an heathen poet in his troadibus , that he shall receive the like exemplary punishment . homo quisquis urbes vastat , & dis manibus sedes sacratas , templaque , haud recte sapit , nam similis ipsum pestis excidii manet ly . it is the resolution of d seneca the philosopher . quisquis id quod deorum est , sustulerit & consumpsit , atque in usum suum vertit , sacrilegus est : and all e canonists , casuists , schoolmen , divines whatsoever accord ; that it is sacrilege for any persons or powers whatsoever to invade or take away any thing which our ancestors or any others have solemnly vowed , dedicated for the necessary maintenance of gods publique worship and ministers under what specious pretext soever it be done . therefore to take away or abolish our ministers tithes , glebes , rectories and other dues conferred on them by our pious ancestors , and make spoyl , havock of the churches , edifices erected by them for gods publique worship , must questionlesse be sacrilege ; as god himself expresly defines , mal. . , . with all commentators thereon , old and new ; and gratian caus . . qu. ● . this the famous emperor , souldier charles the great , and ludovicus surnamed the godly and most christian , joyntly resolve , capit. caroli & ludovici l. . cap. , , , , . & l. . c. . where they thus conclude . scimus res ecclesiae deo esse sacratas ; scimus eas esse vota fidelium , & pretia peccatorum . quapropter , si quis eas ab ecclesiis quibus a fidelibus collatae deoque sacratae sunt , au●ert , proculdubio sacrilegium committit . caecus enim est qui ista non videt , &c. si ergo amico quippiam r●pere furtum est , ecclesiae vero fraudari , vel abstrahi indubitanter sacrilegium est omnes enim contra legem facientes resque ecclesiae dirimentes , vel ecclesias sacerdotesque contra divinas sanctiones vexantes sacrilegi vocantur , atque indubitanter infames sacrilegique habendi sunt , &c. what penalties have been inflicted upon such who were guilty of this sin by christian princes in foreign parts : i shall briefly inform this sacrilegious age . f theodoricus king of the gothes in his edict . c. . enacted : that if any man should violently take any thing from churches , he should lose his head . and alaricus the gothish king , though an arrian , when he took rome by force of armes , and his " souldiers had taken the sacred vessels out of st. peters church there , and brought them to him ; commanded them to carry them back again to the church , with their own hands which took them thence , ut cupiditas quae depraedationis ambitu admiserat scelus , devotione largissima deleret excessum : " as cassiodor relates , l. . epist . . among the a friseans laws made by their wisemen , tit. . de honore templorum ; this is one ; he who shall break a church , and take away the holy things thence , let him be carried to the sea , and in the sand which the tide is wont to cover , let his eares be slit , and he be gelt , and then let him be sacrisiced to the gods whose temples h● hath violated . the neopolitan laws l. . tit. . enact ; that whosoever shall violently break open a church , and take away any gifts or consecrated vessels thence , shall be punished as a capital off●nder , and lose his life . b charles the great and lewes the godly , enacted ; that if any person violently took from any church , priest or minister any thing belonging to them , and were convicted thereof , or confessed the same , he should have sentence of death given against him , as guilty of sacrilege , and that it should be not only lawfull , but commendable , to prosecute and avenge this sacrilege and injury done to the church , priests and ministers , as a publique crime , deserving punishment , and that if any did sacrilegiously invade or molest the possessions and lands of the church , he should be perpetually banished for it . capit. caroli & ludovici l. . tit. , . and tit. . they thus determine . all things that are offered to the lord , are without all doubt consecrated to the lord , and not only the sacrifices , which by the priests are consecrated upon the altar to the lord , are called the oblations of the faithfull , but what things soever are offred to him by the faithfull , whether in sacrifices or in fields , vineyards , woods , medowes , waters , water-streams , artifices , books , uten●ils , stones , buildings , vestments , wools , garments , cattel , parchments , moveables and immoveables , or whatsoever , which of these things are made to the praise of god , or the supplement of the holy church of god , and his priests , and which may give ornament unto them , whether they be freely offered by any one to the lord and his church , are undoubtedly consecrated to the lord , and belong to the priests right . and because we truly acknowledge the lord and his church to be one person ; what ever things are the churches are christs ; and whatsoever is offered to the church , either in the aforesaid things , or in any other kinds , o● by promises , or pledges , or writings , or in corporal things are offered unto christ , and what things by any devise are alienated or taken from his church , either by alienating , or by wasting , or invading , or by diminishing , or by rapine , are taken from christ . and if it be robbery to take any thing from a friend , it is sacrilege to take away , alienate , substract , or waste any thing especially from christ , who is king of kings and lord of lords . for all robbers of the church are most apparently sacrilegious persons , and no sacrilegious person , unlesse by pure , approved and publique repentance , and by satisfaction to the church , and by imposition of the bishops hands , and reconciliation according to the canonical sanctions , shall inherit the kingdom of god ; and shall not only be secluded the kingdom of god , but likewise be shut out of the limits of the church , especially of the church he hath ruined , and shall be excommunicated thence , until the foresaid satisfaction given . and the perpetrators of such wickednesses , ought to have no communion at all , either with the living o● dead , till after such satisfaction given . because who ever violently takes away his neighbours money , commits iniquity , but sacrilegious persons are not only thèe●es , but likewise wolves and man-stayers and murderers of the poor , and accursed , damned persons before god and his saints . and if so , as these two pious emperors , by their lawes , with many a protestant writers ( as well as papists ) resolve ; and all sacrilegious persons , taking any vessel or v●ensil out of a church , though of small value by our b own lawes too , as well as theirs , be sacrilegious persons worthy to suffer pains of death , as felons ; those who shall openly sacrilegiously rob , or attempt to rob and spoyl all the godly painfull ministers of our nation of all their tithes , rectories , glebes , churches and church-yards too at once , are doubtlesse sacrilegious persons in the highest degree , deserving to suffer a temporal infamous death and execution , ( better than any high-way theeves or robbers ) at tiburn , or to be eternally banished the nation , c excommunicated all christian society , and had in perpetual execration , for this sacrilegious rapine , both by god himself and all good men , unlesse they repent and make full publique restitution , satisfaction for this their detestable sacrilege . lastly , if any officers or souldiers pretend , we are now a conquered nation ; that conquest makes all sacred things , prophane and common to the conquerors ; and that churches may be justly spoyled of their materials , vessels , glebes , tithes , in such a case for the pay and benefit of the conquering souldiers , as d some affirm . therefore they may now justly deprive our ministers of their tithes , glebes , rectories , churches , church-yards , to pay , maintain themselves and the conquering army , yea alter , change our laws at present ; as they now attempt , and divers of them openly professe they intend to doe . i answer , . that the lords and commons , the very last parliament , when they first raised the army , in e their petition to the late king , sent to his excellency the earl of essex , to the army , and by him presented to his majestie sept. . . or soon after , used this expression . that the prevailing popish party with his majestie , who by many wicked plots and conspiracies have attempted the alteration of the true religion , and the antient government of the kingdom , the introducing of popish idolatry and superstition into the church , and tyranny and confusion into the state , and by corrupting his councels , abusing his power , and sudden and untimely dissolving of former parliaments , had often hindered the reformation and prevention of those mischiefs . and in prosecution of those wicked designs , had ( as the most mischievous and bloudy designe of all ) drawn his majestie to make war against his parliament and good subjects of this kingdom , and to lead in person an army against them ; as if he intended by conquest ( mark the word ) to establish an absolute and unlimited power over them . and in their f remonstrance nov. . . in reply to his majesties answer to their remonstrance of may . . they charge this as the last doctrin and position of the contrivers of his majesties answer ; that the representative body of the whole kingdom , is a faction of malignant , schismatical , and ambitious persons , whose designes is and alwaies hath béen to alter the whole frame of government both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person and of monarchy it self and consequently that they are traytors , and all the kingdom with them : ( for their act is the act of the whole kingdom ) and whether their punishment and ruine , may not also involve the whole kingdom in conclusion , ; and reduce it into the condition of a conquered nation ( mark the words ) no man can tell : hut experience sheweth us ( as now it doth in good earnest more than ever ) that successe often carries men not only beyond their profession , but also many times beyond their first intentions . for an army , officers then , professing themselves true born english men , eminent godly saints , preservers of our nations liberties against regal tyranny and enchroachments , originally raysed , commissioned by both houses to protect our lawes , liberties , religion , church , government , parliament , nation , from an intended conquest by the late kings army ; to establish an absolute unlimited power over us , and from being reduced into the condition of a conquered nation , after the total routing of the kings army , power , now at last to plead , to averr , we are now a conquered nation ; in respect of themselves , and thereupon to endeavour to establish an absolute unlimited power over us , by altering the whole frame of government both in church and state , changing the body of our lawes yea antient constitution of our parliaments ; abolishing our very ministers rectories , tithes , dues , or diverting them to pay , maintain themselves ; yea now to act over the very self-same things , which both houses then charged upon the late beheaded king and his malignant popish councel ; thereby verifying these his predictions of their forementioned designs in every punctilio , ( then utterly disclaimed by both houses as the highest scandal to them , and their sincere loyal intentions ) and making him a truer prophet , than their new merlin , lilly ; will not be only most scandalous , dishonourable to them , but monstrous , treacherous , perfidious , if insisted on , or persisted in , both in the judgement of god , angels , men , and their own consciences too . wherefore i presume on second thoughts , they will disclaim this plea both in words and actions . ly . they were all raysed , waged , commissioned by the late parliament and well-affected people , not to sight against , conquer or subdue themselves , but to preserve them , their lawes , liberties , privileges , estates , our churches and religion against the common enemies and invaders of them therefore they cannot stile themselves conquerors of those persons , things they never fought against , but only for , unlesse they will now declare their secret intentions , were ever crosse and contradictory to their open commissions , vowes , covenants , protestations , words , and printed declarations to god and those that raised , waged them for their safety and defence alone ; and thereby proclaim themselves the greatest hypocrites under heaven , and therein as treacherous to their own native country and those who trusted them , as the a mamalukes of egypt , the pretorian soldiers of rome were to their lords and masters of old ; which i hope they will disclaim . ly . it is a resolved case by the law of nature , nations and war it self , as grotius proves at large , de jure belli l. . c. . sect . , , , &c. that things gained by conquest in a war , ought to redound not to the officers , souldiers , generals , who manage the war , but to the kingdom , nation whose servants they are , and both commission and pay them their wages , as the servants , apprentices gains redound to their masters cosfers , not to them . qui sentit onus , sentire debet & commodum : being both a principle in the law of nature , reason , and in our common law too . hence b all the roman generals and military officers , brought all the silver , gold , treasures , spoyls of war into the publique treasury , putting none of it into their private purses ; and all the lands , countries they gat by conquest were the republiques only , which bore the charges of the war , not the victorious conquering generals or souldiers . therefore the officers and army being commissioned , raised only for , and constantly paied by the parliament , people , for the ends aforesaid , never warring on their own free cost ; what ever treasures , lands , powers , spoyls they have gained by their victories , conquests , are of right the parliaments , nations , peoples only , not their own ; therefore the parliament , nation , people cannot , must not be over-awed , used , reputed by them , as their meer conquered vassals , but as their soveraign lords , and true proprietors of all the territories , lands , treasures , powers they have gained by their conquests . ly . that conquest is no just or lawful title , was long since resolved by the greatest conqueror ever england yet bred , even our famous british conquering king arthur , in the greatest parliamentary councel ever yet held within this isle , whereat were present no lesse then . kings besides king arthur , and an innumerable company of princes , dukes , nobles , prelates of the british , and most other neighbor nations ; as geoffry monmouth , hist. regum brit. l. . c. , , , , , , , . records . all these , when lucius procurator of the roman republique , came to demand that antient tribute reserved by julius caesar from this isle of britain when first conquered by him , then in arrear ; and threatned to levy is by force of arms , if denied ; meeting together in a great councel or parliament specially assembled for that end : resolved , that the said rent pretended to be due to the romans from the britons , because caesar by reason of the britons divisions being invited hither with his forces , enforced them ( their countrie being then shaken with domestique troubles ) to submit themselves to him by force and violence ; could not in justice be demanded of them : because this tribute being gained in this manner was unjustly received . nihil enim quod vi & violentia acquiritur , iuste ab ullo possidetur qui violentiam intulit . for nothing which is gained by force and v●olence , is justly possessed by any who hath offered and done the violence . irrationabilem igitur causam praetendi● , qua nos jure sibi tributarios esse arbitratur . therefore he pretends an irrational cause , whereby he supposeth we are of right tributaries unto him . and because he presumes to exact from us id quod injustum est , that which is unjust , by the like reason let us demand a tribute of rome from him ; and he who shall prove the stronger , let him carry away what he desires to have . for if because julius caesar and other roman kings heretofore conquered britain , he determines tribute is now due unto him for this cause : i now also think , that rome ought to render tribute unto me , because my ancestors heretofore got it by conquest : whereupon they all resolved to assist king arthur with their armes against this unrighteous tribute , and title to it by conquest ; and professed they would spend their lives in the quarrel . ipsa enim mors dulcis erit , dum enim in vindi●●ndo patres nostros in tuendo libertatem nostram in ex●l●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 a noble king henry the d . and of all the bishops , abbots , peers , earls , barons of england assembled in a parliamentary general councel of the realm at westminster , an. ▪ 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. ly . * william duke of normandy , edward the d , henry the th , edward the th , and henry the th , 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 a 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 th . as placita corone , rot . parl. h . n. . record ; did in the first parliament held by him after his conquest of richard the d . 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 h. . c. . ) 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 b 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 sam. . , . 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 hast kept me this day from coming to shed bloud , and to avenge my self with my own hand : but if they shall by gods permission cast me again bound hand and foot into another fiery fornace for this my faithfull service , or not falling down and worshipping that golden ( or rather wooden ) image which they have or would now set up : i doubt not but that gracious god , who hath so miraculously preserved me in , delivered me out of so many a fiery trials and fornaces heretofore , will do the like again hereafter , and that in such a visible eminent manner , as shall enforce them at last to use those words unto me as nebuchadnezzar did unto shadrac , meshac , and abednego after their miraculous preservation in the midst of the fiery fornace into which the most valiant men of his army cast them bound by his unrighteous command , to their own immediat destruction by the flame , without the least hurt to them . dan. . . then nebuchadnezzar spake and said , blessed be the god of shadrac , meshac and abednego , who hath sent his angel , and delivered his servants that trusted in him , and have changed the kings word , and have yielded their bodies that they might not serve nor worship any god ( or idol ) except their own god. this being an undoubted truth , which i have ever hitherto found experimentally true from and in my former causelesse oppressors , ( whose erronious practices , vices i have reproved ) recorded by god himself and the wisest of all mortals . prov. . . he that rebuketh a man ( for his faults plainly ) shall afterwards find more favour , than he that flattereth ( him in them ) with the tongue . and that saying of the truth it self in such cases ( of difficulty and concernment to the reprover ) will ever prove an experimental verity , wherewith i shall conclude my plea , which i desire may be deeply engraven in the hearts , spirits of all timorous , base , unworthy christians , ( who dare neither speak nor write their consciences , nor discharge their duties in these times of danger , and will wrong both their consciences , country , posterity , yea shame their god , nation religion to save their estates , lives as they fondly conceit , when they will lose all with their souls to boot , by their base carnal fears ) math. . , , . luke . . if any man will come after me , let him deny himself , and take up his crosse and follow me . for whosoever will save ( or shall seek to save his life , so luke records it ) shall lose it ; ( and his tithes , lands , liberties with it ) and whosoever will lose his lise for my sake shall find it . for what is a man profited if he shall gain the whole world and lose his own soul ? or what shall a man give in exchange for his soul ? i shall cloze up all with this notable passage of our own learned writer , john sarisbury against such religious hypocritical cistersian monks who in his age sought exemption from payment of tithes , and seised upon the ministers dues about the year . joannis sarisburiensis de nugis curialium l. . c. . de hypocritis , qui ambitio●is labem falsae religionis imagine nituntur occultare — hi sunt qui potestatibus persuadentes ut propter vitia personarum , jure suo priventur ecclefiae . decimationes et primitias ecclestis subtrahunt , et ecclesias ipsas accipiunt de manu laicorum episcopis inconsultis . hi sunt qui praedia avita subtrahentes indigenis vicos & pagos redigunt in solitudinem & in suos usus vicina quaeque convertunt : ecclesias diruunt & ut in usus revocant seculares , quae domus orationis fuerat , aut efficitur stabulum pecoris , aut opilionis , aut ianificli officina . et ut se possunt plenius exhibere & charitatis implere manus ne decimas dent , apostolico privilegio muniuntur . miror tamen ut fidelium pace ioquar , quidnam sit , quod decimas et iura aliena usurpare non erubescunt : inquient fortè , religiosi sumus : planè decimas solvere religionis pars est . et eas a deo populus duntaxat religionis ( solvere ) exigitur . hi adeo religiosi sunt quod in decimis dandis derogare possunt constitutioni divinae , & in eo licenter minus grati sunt gratiae dei quo eam amplioribus beneficiis experiuntur . finis . a postscript . it is storied of * canutus the th . the king of denmark , ( an eminent professor of piety , and religion , and great lover of justice ) that perceiving his subjects to stick at many things pertaining to christian religion , and not to conform to other christians throughout the world in laws and ceremonies , specially in the due payment of tithes to their ministers , he urged them out of religious piety , ut ritu aliarum nationum christianam religionem prositentium , decimas sacerdotibus suis soluerent ; that after the custome of other nations professing christian religion they would pay tithes to their priests : remitting to them a great fine imposed on them for their rebellion and contempt , in refusing to accompany him in an expedition against the english , to induce them thereunto . but they being perswaded the contrary by his brother olaf , thereupon rose up in rebellion against him ( specially the northern jutes , frequently perfidious , whom he could never induce to pay tithes ) and pursuing him to othense , cruelly murdered this their just and pious king in the church of st. alban , anno . whom olaf succeeding , god presently sent such a great scarcity of corn and provision in denmark for . years space together , ( the intemperatenesse of the air blasting all their corn ) that many families , not only of the poorer , but richer and nobler sort died of famine , the people fighting with one another even for grasse to eat . at last the famin invading king olaf his court , he prayed to god ; that if he had conceived any anger against his subjects ( for not paying tithes and murdering their king ) he would satisfie his wrath upon him , not them ; and the same night , esurientem & parricidii p●nitentem animam efflavit : he died of hunger , repenting of his paricide . o that all english tithe-oppugners , and regicides would seriously meditate on this memorable president of divine justice , upon such delinquents , and be brought to timely repentance thereby , to prevent the like national and personal judgements , upon our nation , themselves and their posterities . errata . courteous reader correct these mistakes and omissions of the presse , occasioned by the authors absence in the country . page . l. . if , r. of , p. . l. . r wagria . p. . l. . r. inservierat pietati , l. . r. wilfrid , p. . l. . these , those , p. . l. . decima , l. . . aliendis , alienandis , p. . l. . r. e. . c. . l. . parliament , l. . sommoneri , p. . l. . heu licet quod eo , r. quod licet de , l. . dele , ut , l. . indulgere , r. inducere , l. . quamplurimum , p. . l. . superlors , p. . l. . lord god , p. . l. . form , r. former , l. . last , r. lasting , l. , . r. peril , reproach and slander of the gospel , l. . to , r. of , l. . bow down , p. . l. . who builded , l. . paris , r. parker , p. . l. . in egercituisse , r. his chaplain , p. . l. . . r. . p. . l. . they shall , p. . l. . balivis , l. bonis , l. . praestiterunt , p. . l. . dele siquis igitur insanus importunitate , p. . l. . dele li , p. . l. . more , r. none , l. . or , r. of , p. . l. . for , r. from , p. . l. . jure , r. pure , p. . l. . partimacensis , portiniacensis abbatem , nautire , r. majoris , l. . clamianensis , cluniacensis , p. . l. . . . l. . elegant supremam , r. eligant sepulturam , l. . iliburg , friburg , p. . l. . praemonstratensian , l. . abuse , l. . deformations , reservations , l. . at least , p. . l. . replain , r. mepham , l. . grand , p. . l. . oxenetius , opmerus , p. . l. . r. charge of the cure , p. . l. . in sales , l. , only , r. chiefly , p. . l. . fees , r. fines , l. . r. their families , p. . l. . of , r. or , p. . l. . as litigious , p. . l. . our , r. of , p. . l. . or unto , recorded both , l. . spoyls , r. soyl , p. . l. . requiring , r. inquiring , l. . spoyls , r. soyl , p. . l. . fere modum , r. propemodum , p. . l. . pugnavimus , p. . l. . inhabitances , r. inheritances , l. . people , r. priests , l. . dele or , p. . l. . if not , p. . l. . within us , p. . l. . dele of , p. . l. . thee , r. men , p. . l. : lucius , licinius , p. . l. . brought , r. bright , p. . l. . for , or , p. . l. . which , with , p. . l. . syms , syrus , p. . l. . proceed not , p. . l. . nicetas , l. . beyerlink . in the margin , p. . over against good space , l. . read , at least . years , as is evident by gen. . . c. . . . c. . , . p. . l. , . monasteries , p. . l. . r. . p. . l. . ivonis , p. . l. . saxonicorum , p. . l. , . ruffinus , p. . l. . am , um . an admonition to all protestants , ministers , lawyers , and others of whatever quality , within our three nations . be pleased to take notice , that as the new dissolved anti-parliamentary juncto at the beginning of their last session , and a little before their sodain dissolution ; did by their conscientious speaker , give the hearty thanks of the house and ( mock ) parliament , to the petitions of sundrie anabaptists , and other sectaries , ( headed by jesuites , and popish franciscan freers ) for their good affections , when they petitioned against tithes ; so the general council of officers of the army , usurping to themselves the soveraign legislative power and authority of the great general council and parliament of england , to evidence to the world , by whose counsels they are steered , whose designs they prosecute , and that they de●●●ve to be canonized for saints by the pope of rome in his roman kalendar ; have voted down our ministers tithes , ( and therewith our ministry too ) and in their printed declaration october . p. . ( since this gospel plea was finished at the press ) declare to the world , that it is upon their spirits , and they earnestly desire , and shall endeavour , that a full and through reformation of the law may be effected ( by abolishing those lawes they were raised , waged , commissioned to defend , and suppressing lawyers and terms at westminster , if not innes of court ; as also , that a faithfull , godly , and painfull gospel-preaching ministry , may be encouraged and provided for , by some certain way , that may be lesse troublesem to them , and lesse vexations to the people than tithes . ex cauda draconem . what debates , speeches many of our army-saints have lately had concerning the totall extirpation of tithes , ministers , law , lawyers , vniversities , corporations , several others can inform those whom it most concerns . whether saint johns description of the army of ( romish ) locusts , rev. . coming out of the smoak of the bottomless pit , who bad a king , or general over them , whose name is apollyon , that is to say , a destroyer ; be not a true character of our present army of saints , let all real english protestants judge , and what good cause they have to continue and pay them out of our quite exhausted bankrupt estates , to accomplish these good endeavours , after all their commissions nulled , expired , forfeited by their treacheries and rebellions against their old and new superiors ; faithfulness , loyalty , obedience in the most inferiour degree , to their old parliament , new protector , and anti-parliamentary juncto , ( † trees whose fruit is withered , twice dead , plucked up by the roots by them ) after all old protestations , covenants , & new commissions , ingagements , declarations , addresses to be true , faithfull , constant to them , and live and die with them , being such a capital crime in their general councils eyes , even in their own colonels , captains , souldiers ; as to demerit and incurr an unpardonable censure of utter cashiering out of the army , as traytors , enemies to , and apostates from the armies interest ; which is to be faithless , perfidious , treacherous to all superiors whatsoever : wit●● i● the vindication of . officers , come off from , and turned out of the army , in march , for their obedience to the old parl. the late cashiering of col. whaley , ingoldesby , goffe , and others for their fidelitie to richard , pr. & of col. okey , mosse , morley , and others , for their adhering to the dissolved juncto , though they drew not a sword , nor discharged one pistol in their defence ; which may be justly recompenced ere long by the common souldiers disobedience , treacherie , and infidelitie towards their present commanders , when they stand in most need of their assistance ; isa . . , . finis . ten considerable quaeries concerning tithes , the present petitioners and petitions for their total abolition , as antichristian , jewish , burdensom , oppressive to the godly , consciencious people of the nation ; excited , incouraged thereunto by disguised jesuits , popish priests , friers , and romish emissaries , to starve , suppress , extirpate our protestant ministers , church , religion ; and bring them all to speedy confusion . by william prynne esq ; a bencher of lincolns inne . levit. . . all the tithe of the land , of the seed of the land , or of the fruit of the tree , is the lords , it is holy unto the lord. gal. . . let him that is taught in the word communicate to him that teacheth in all good things . calvin , in mal. . . videmus non esse novum vel insolitum si homines deo sua officia imputent , & interea manifestè eripiant ei ( decimas ) quod suum est , et ad se transferunt ; manifestè satis appareat eorum impietas , etiamsi velo simulationis sit obducta . london , printed for edward thomas at the adam and eve in little britain , . ten considerable quaeres concerning tithes , and the new petitioners , petitions , concerning their abolishing . i. whether nine parts of ten of the present cager petitioners against our ministers tithes ( if strictly examined by the poll ) will not appear to be poor mecanical persons , of such mean inconsiderable fortunes , estates , condition , ( without any tithable lands , livings , estates , ) as are no ways interessed nor concerned in the payment of tithes ? and so fitter to be punished as factious , seditious , schismatical ; than thanked , encouraged as zealous , conscientious , well-affected persons , by those in present power ? ii. whether all or most of these petitioners , be not really greater enemies to our * ministers and their ministry , then they are unto their tithes ; petitioning purposely against their tithes in order to the subversion , extirpation of their ministry , function , and thereby of our protestant church and religion ? and that by the instigation , sollicitation of those disguised jesuits , popish priests , monks and * romish emissaries , ( the original broaches of this doctrine , that tithes are not due to ministers by divine right , and may be detained from them by the people , to gain them to themselves ; as you may read in mr. seldens history of tithes , p. , , , . who now bear chief sway in most separate congregations of anabaptists , quakers , and other antagonists now attempting the present abolition of tithes ? if so ; ( as will appear upon an impartial inquisition ) whether such persons will not be fitter to be banished as antichristian , rather than tithes , and to be taken into publike consideration before the debate of tithes ? iii. whether there be not above one hundred religious well affected protestants , persons of honor , quality , estate lyable to the payment of predial tithes , and most concerned therein , who desire the constant payment and continuance of them for the maintenance of their ministers , to every one of those tith-payers who now petition against them as a grievance , though the tithes the most of them pay be not considerable ? if so , ( as is most apparent , by comparing the paucity and quality of the petitioners , with those who refuse to joyn with them ) whether it can bee conscionable , equitable , just , reasonable , * parliamentarie , to admit of any debates for the abolishing , or altering the payment of tithes , upon the petitions of so few malecontented sectaries , and unvaluable persons ; against the wills , consents , desires , of the generality and most considerable part of the nobility , gentry , farmers , citizens , freemen of the whole nation ? and that during the absence & forcible seclusion of most of those knights , citizens , and burgesses they duly elected to represent their persons , and give both their free votes , opinions , assents , and dissents , to whatever publike businesses should be propunded and ordained in parliament : therefore to this of tithes which is so universal , and so highly concerns both our religion and proprieties ? iv. whether it will not be an apparent breach of the great charter of england , ch . . & . that the church of england shall be free , and shall have her whole rights and liberties inviolable ; that no freeman shall be disseised of his freehold , or liberties , or free-customs , or be outlawed , ●●●led , or any otherwise destroyed , nor shall we pass upon him nor condemn him , but by the lawfull iudgement of his peers , and by the law of the land : and of above . other statutes for its confirmation fince , ( some of them in the last long parliament , now revived in pretext : ) for those now fitting to take upon them , the debating and voting down of tithes , or altering their usual way of payment in any kinde ( being the inheritance , right , liberty , free-hold of the church of england , of every particular church , patron , minister , impropriator , and many thousands of freemen in all parts of the nation ) without any lawfull summons given to them to appear before them , to defend , maintain their respective inheritances , freeholds , rights , interests in them , ( ratified by prescription time out of mind ; by sundry acts of parliament both under our antient * saxon , norman , english kings , and many late ordinances ( to which those now convened gave their votes , as fully as others now secluded ) as well as by divine right , institution both before , under the law , and gospel too ) without any lawfull judgement , hearing , tryal by their peers , or by the law of the land ? and whether this will be a consciencious real performance of their defence of the church of england , expressed in the writs by which they were elected ; or of their printed declaration , may . we are resolved ( by the gracious assistance of almighty god , ) to apply our se●ves to the faithfull discharge of our legal trust , to assert , establish , and secure , the property and liberty of the people in reference unto all , both as men and christians ? therfore of all patrons , ministers , members as well as others , unless they repute them neitehr men , nor christians . v. whether * john canne , with other adversaries to and petitioners against tithes as iewish and antichristian ; ought not first to prove them such , by clear unanswerable scriptures , evidences , demonstrations , to the conviction of the iudgements , consciences of the generality of the english nation , and all now sitting ? and to answer all the arguments authorities , scriptures , reasons produced by tyndarus , & rebuffus , in their treatises de decimis , dr. george carltons , tithes proved to be due by a divine right , london . dr. robert tilleslee , his animadversions on mr. seldens history of tithes london . sir iohn sempil his sacrilege sacredly handled , london . stephen nettles his answer to the jewish part of mr. seldens history of tithes , oxon. . richard mountague his answer to the first part of the history of tithes , london . dr. william sclater , his ministers portion ; foulke roberts , the revenue of the gospel is tithes , due to the ministry of the word by that word , cambridge . richard eburne , his maintenance of the ministry , london . r. g. his truth of tithes discovered ; or the anatomy of annanias and saphiraes sacriledge , london . my gospel plea ( interwoven with a rational and legal ) for the lawfulness and continuance of the ancient maintenance and tenths of the ministers of the gospel , london . & others , to prove tithes due by divine right to the ministers of the gospel , and neither jewish nor antichristian , nor illegal , nor burdensom to the people in the least degree , being allowed in all leases , purchases , before they be voted down , abolished , and quite abrogated as such , upon their clamorous , scandalous petitions , suggestions , void of all truth ? vi. whether the present , and future pretended ease of the people in their tithes to their ministers , ( if effected ) will not be recompenced with an augmentation or duplication of their monthly taxes to the army , or in fines , rents to their landlords , to a far greater value than they now pay to their ministers , and be levyed with greater rigour and harder compositions , if deteined , than now they are ? according to saint augustines prediction , sermo . de tempore , if thou wilt not give thy tithes , dabis impio militi , quod non vis dare deo & sacerdoti ; hoc tollis fiscus , quod non accepit christus : thou shalt be sure to give that to an impious souldier , which thou wilt not give to god , and a pious minister : the exchequer takes that away , which christs hath not received ; as some parishes have found by experience to their costs and grief . vii . whether it be not a most arrogant , high , inexcusable presumption for a few giddy ▪ pated innovators in this age , to condemn , censure , not only the practise , wisedom , piety of abraham , the father of the faithfull , and all the people of god in the old testament , before and under the law , and of most christian states , churches under the gospel in paying , prescribing tithes , as the most equal , rational , just , convenient maintenance for the priests and ministers of god of all others ; but likewise of the wisdom , prudence , providence of god , who is a wisdom it self , and b god only wise , c whose very folly is wiser than men , in instituting , commanding such a constant , setled maintenance for them in his word , as the best , fittest of all others ; wherein both minister and people equally lose , gain , and sympathise with each other , which they cannot do with so much indifferency , equallity in any other way , which human wisedome could hitherto invent ? viii . whether it be not an infallable evidence , that those have neither the faith nor piety , and by consequence are not the sons of abraham , the father of the faithfull , in a spiritual or gospel sence , who refuse to do his d works and follow his steps , in paying tithes of all their spoils of warr to christ himself , a priest for ever after the order of melchisedeck , heb. . . as other soldiers by his example did both amongst israelites , christians and pagans too , num . , to . chron. . , , . mr. seldens history of tithes , c. . . and endeavour to spoyl them of all other tithes due from themselves , and others too ; reputing it an eminent degree of their saintship ? and whether this their practise be not likelier to bring them into hell torments , than into abrabams bosome in conclusion , if they repent not of it ? luke . . to . ix . whether all the inconveniences objected against ministers maintenance by tithes , be not rather fictitious , imaginary , than real , arising from the malice , covetousness , impiety , fraud , bypocrisie , injustice , rapine , perversenesse , litigeousnesse of the wilfull deteiners , opposers of them , rather than from tithes themselves ? since many ministers heretofore , and of late years , have lived all their lives without any sutes for tithes with any of their parishioners , and might doe so still , would they make a conscience to pay them without any sute ? whether those who refuse to pay tithes in kind to ministers now , out of a pretext of conscience ; will not upon the same pretence resuse to pay them any other maintenance that can be invented , and make it more litigious , contentious , uncertain than their tithes , since every innovation in this kind ingenders new suites & disputes , when all legal controversies , suites for tithes have been long since setled , resolved over and over , both in parliaments , and other courts of justice ? x. whether the admission , permission of those few commoners now acting without their fellows , ( being scarce the tenth part of the house ) to vote down , or take away the ministers tent●s , or reduce them into one publick treasury , to divide and distribute them at their pleasures , though amongst the ministers themselves at first , will not be a dangerous leading president and encouragement to them ( upon any pretended necessity ) to dispose of these tenths and the other * nine parts of every mans estate , and reduce the profits of them into their publick treasury , for the necessary defence , and preservation of their new-commonwealth , and the armies pay , as they did others sequestred estates heretofore , because tithes , though * originally dedicated as a peculiar portion , inheritance , and rent-service to god himself and his church , as the soveraign lord of all mens inheritances , specially reserved by him for his own immediate honour , service , homage , tribute , for all the other nine parts they enjoy by his free grace and liberality ; may be thus alienated and distributed at their pleasures ; therefore much more the nine remaining parts alotted unto men alone , for their own private , and the publick good ; over which they have a greater probabler , legaller jurisdiction , than over gods own peculiar portion , which might neither be alienated , exchanged , redeemed by any human powers , but only by the priests consents in some special cases for their advantage , numb . . . levit , . , , , , . deut. . . c. . , . mal. . , . ezech . . to . which if once reduced into a new publick treasury , the ministers are like to have no other share nor better account of them , then of the tithes of southwales for som years last past , or of the deans & chapters impropriations for the augmentation of incompetent livings , swallowed up for the most part by the treasurers and their instruments , with little or no advantage to the publike , and less to the ministers , by reason of their unfaithfullness ; far different from those * treasurers for the tithes and first fruits brought to ierusalem , appointed by king hezekiah , over whom coniah the levite was ruler , who faithfully brought in and distributed to their brethren , the oblations , tithes , and dedicated things , as well to the g●cat as the small , without substraction or defalcation . the statutes of h. . c. . h . . c. . , & e . . c. . style those evil disposed persons , not regarding their duties to almighty god , and to the king their soveraign lord , who out of an ungodly and perverse will and mind detain all or any part or parcel of their tythes and offerings , enacting strict penalties against all substracters and detaine●s of them . how then they can now be reputed consciencious godly saints , unlesse inrolled for such in the roman kalendar , is worthy resolution : some of them ( as the quakers ) beginning of late to work on the lords day , denying god one day in seven , as well as the tenth of their annual increase , deeming both jewis● and antichristian , as they deem our ministers . ex cauda draconem . finis . notes, typically marginal, from the original text notes for div a -e a acts . b matth. . . c. . . c. . . c. . , , . rom. . . rev . . c see iohn cannes epistle , before his second voyce ( nor ) from ( but against ) the temple , and many late petitions against tithes , from kent , somersetshire , wiltshite , and other places . d e. . c. . ( see cook ibidem ) h. . c. . h. . c. . h. c. . h. . c. . h. . c. . h. . c. . h. . c. . h . c. . h. . c. . cook instit . c. . e sam. . , c. . cl . e. . m. . dors . . brook parliament , , customs . & . grotius de jute belli , & pacis , l. . c. . sect . . c. sect . to . c. . sect . . h. . c. . * in my quakers unmasked , . and new dscovery of romish . emissaries . * see my true and perfect narrative , p. . . . . , , , . * from somersetshire wilshire and other places . f de republica hebraeorum l. . c. . g of the incarnation of the word . part. . branch . . ch . . in his workes in folio . london . . p. ● . ● ▪ ● . h ephes . ●● , ● . c. . . , . c. . . col. . c. ● . . . hebr. ● . . to . psal . . . . isa . . , . rev. . , . i rom. . . to . mat. . . luke . . ▪ , . acts. ● . . rom. . , . gal. . . to the end . k see dr. sclaters ministers portion● p. . to . l see hebr. c. . to c. . ● john . , . ps ▪ . . dr. jones , and others on the hebrewes ; dr. reynolds on psal . . . m acts . . c. . to . c. . , , ▪ c. . . to ● ▪ c. . . c. ▪ . rom. . ● . c. . , , . . c. . . to , c. . . eph. . , , , . col. . ● . tim. . ▪ compared with mar. . luke . . ● ▪ isay . . . c. . . to . c. . . . c. . . c. . . , &c. ephes . . , ▪ . n cor. . . eph. ▪ . hebr. ▪ to ch . . john . , . o the kentish petition , john cannes voice , m● . speed and many late quakers rayling pamphlets . p cor. . . acts . , to . tim. . , , . heb. , . cor. . . c. . . gal. . . q gen. . , , . john . . heb. . , to . compared with john . , . r see gratian caus . . qu. . & surius , binius , crab , merlin , in their councils . ſ hermoldus hist , sla●o . rum , l. . c . edit . franc. . p. . t history of tithes , p. . u see purchas pilgrimage , edit . a. p. , , , . joan. leo africae descript . l. . x arnobius adversus gentes , l. . cato de re rustica , c. . mr. seldens history of tithes , p. , . mountagues diatribae , ch . . y pliny nat , hist . l. . c. . seldens history of tithes , p. , . mountagues diatribae , p. , . z dionysius hallicarn : antiqu . rom. l. . seldens review , p. . a bibliotheca hist . l. . justin . l. . mountagues diatribae , p. , . b see his orations against them : and mountagues diatribae , p. , . xenophon de expedit . cyri , lib. . p. . , . richard mountague his diatribae , c. . p. , . * xenophon , hist . grae● ▪ l. ● . p. . * oratio de ag●silao rege ▪ p. . c degestis regum anglorum , l. . c. . p. . d ecclesiast . hist . gentis anglorum , l. . c. . e cor. . ●● , . f psal . . . psal . . . psal . . . chron. . , , , . g psalm . gen. . , , . c. . . h exod. . . i exod. . . levit. ●● ▪ k see doctor sclaters ministers portion , p. , &c. l luk. . ● , . c. . , , . mat. . . ● . rev. . c . . c . . c. . , ● , . mat. . . cor. . . heb. . ● , ● . m purcha● pilgrimage , p. . . . . the writers of these several nations , realms and republikes , printed in . n rom. ●●● ▪ o origen , hom in num. c . ambrose , serm. . fer. & augustin , serm. . jerom , in mal. . p ma●iscon : . can. . moguntiense . an. . & . & . concil . lateran . c. . ticmense sub leone . londinense : . ●oan : in gratian . su●ius , hoveden . q extravag . de decimis . c. , , , . r see mr. seldens history of tithes , c. , , , . bochellus , decret . eccles . gall. l. . tit. . dr. tillesleys animadversions , p. . to . ſ in his voyce . t see spelmanni concil : antiqu. eccles . brit. dr. usher de rerum britanicarum primordiis . ( v ) see e. . c. . e. . c. . cooks . instit . p. , , , &c. & the petition of right . ca● . x see lucas os●ander , ●●chi●id . contr. cum anabaptistis . harmony of confessions , sect. . of the civil magistrate . my swo●d of christian magistracy supperted . y john . . c. . , . eph. . , . c. . . to the end , c. . to . c. ● . , to ● . iohn . . . to . cant. . . ezech. . , to . rom. . , . eph. . . cor. . . c. . , . col. . . hebr. . , . i say . , to . z mal. . . iam. . . hebr. . . c. . . tim. . , . psal . ● . , . a rom. . . b gal. 〈…〉 . 〈…〉 c thess . . , . d see sclaters ministers porportion , p. , , , where he proves this by their parallel . a 〈…〉 r. . ●●at . . c. r. c. ●● . ● h . c. . h. . c. ● . h. c. . h. . c. . h. . c. . h. ● . c. . h ● . c . h ● . c. . h. . c. . h. . c. . ● h ● . c. . ● ●●● . the 〈◊〉 for triennial parliaments , cooks ● instit . p. , ●●● . & instit . p. . , , , , . * cor. . . a sam. . . b ●●●b . . . a rom. . . b cor. . . gal. . . ephes . . . pet. . . c john . . d matth. . . rom. . . a isay . . micha . . . b psal . , , . tim. . . c psal . . . ps . . . rev. . . iohn . . zech. . . a capgrave in vita iosephi , will. malmesbury de antiqu ▪ glastoniensis ecclesiae , spelman . concil . epist . dedicatoria , & p. . to . dr. vsher ecclesiae brit. antiquitates ▪ c. . godwin , mathew parker , speed , and sundry others . b antiqu. ecclesiae , brit. fox acts and monuments , spelman . concil . p ● ▪ &c. dr. vsher eccles . brit. antiqu. c. , , . c ad an. . roger wendever ad an. . dr. usher eccles brit. antiqu. p , , . galfridus monmuniensis , l. . c. . edit . hidelberg . a matth. westm . graftons holin●●●ed , fox and speed. b matth. westm . an. . dr. vsher eccles . brit. antiqu. c. . speeds history p. , &c. baronius , an. . n. . c eusebius , eutropius , zonaras , grimston , speed , and others in his life , fox acts and monuments , vol. . a euschius de vita constantini , gildas , matth. westm . an. , to . speeds history , p. , . spelman . concil . p. , dr. usher eccles . brit. antiqu . c. . throughout . a asser and others in his life . spelman in his epistle ded. to his councils . b cambdens britannia , oxfordshire . a spelmanni concil . p ▪ a cambden● brit. & heylins microcosm , p. . b de ju●● bel ▪ ●● , l. ● . c. ● . ●ect . , , . ●● annotata . a capgrave in prologo ad vitas sanctorum , spelmanni concil . in epist . d●d . & p. ● . a antiqu. eccles . brit. in the life of c●a●mer , fox , speed , hall , grimston in ● . & statut. rastal manas . se●as , rome . b mr. cambdens britania , spelman and others . a pilgrimage , 〈…〉 . . b fox acts & monuments , and others in his life , and the statutes in his reign . c e. . c. . d speed , how , baker , cambden in her life , and the printed statutes in her reign : antiqu. eccles . brit. in the life of mathew parker , godwins catalogue of bishops in her time . a ezech. , . b m. seldens history of tithes , ch . . a hist . anglia tigu●● , ● . p. , , , , &c. b see ●ir edward cooks preface to his . instit . on magna charta . c see matth. 〈◊〉 , hist . angl. p , , , , . , . the statutes at large , an. ● . . after confirmatio cha●●●um . n. b. a epist . . ●● bochellus decret . eccles . gal. p. . bibl. patrum , tom. . pars . . p. , . a cooks a report . the bishop of winchesters case . b fredericus lindebrogus codex legum antiqu p. . a rerum vngaricatum scriptores bonfinius , & nicholas isthuansis in vita sancti stephani . sancti stephani regis decretum secundum , c. . status regni hungariae , p. ● . ● ▪ cor. . . a ●ee page ; , , , , , , , , , , , , , , , , . b ioan. leo. geographical description of africa , l. . c pilgrimage , l. . c. . p. . d microcosm , p. . . . a ps . . , . a as appears by their late petitions , and iohn cannes voyce . a exact collection , p. . &c. ● i say . . a matth. . , . luke . . c. . . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . mr. seldens review , p. . c eccles . hist . l. . c. . l. . c. , . l. . c. . fox acts and monuments . vol. . a apologet. c. . b ambrose office. l. . c. . fox acts and monuments , vol. . p. , ● ▪ c pr. step● ▪ hym. . a operum , p. . b matth. . . object . . answ . a see my legal vindication against illegal taxes , and humble remonstrance against ship-mony . object . . answ . a hierom. super ezech. l. . ad cap. . josephus antiqu . jud. l. . c. . chrysostom hom. . in ephes . serm. . sir james semple sacriledge sacredly handled . joseph scaliger diat● . de decimis . mr. seldens history of tithes , and review , c. . purchas pilgrimage , l. . c. . richard mountague diatribae on mr. seldens history of tithes , c. a. & dr. tillesley and mr. nettles ibidem . dr. sclaters ministers portion , p. . a p. , , , , ▪ , , , , , , , , , , . and elsewhere . dr. tillesley his animadversions on mr. selden , c. , , . littleton , chap. . frankalmoign and cooks institutes thereon : petrus damianus , l. . epist . . vt copiosiora in pauperes alimenta per●iciant , dantur ▪ in monasteriis & eremitis decimae quorumcumque proventuum , &c. a see mr. seldens history of tithes , c. . sect . . p. , , &c , b innocent . epist . decret . l. . p. . l. . p. . extrav . tit. de decimis , c. . ex multis . a ad extr. ti de parach . c. ult . mr. seldens history of tithes , p. , . b doctrinal . fidei tom. . l. . artic. . c. , . a epist . . object ▪ . b e. . f. . e. . f. . h. . f. . . dyer . . cook report , f. . b. c voyce , p. . d surius concil . tom. . p. . a see rastals abridgement , title tithes , and the ordinances for tithes . lindwood , provinc . constit . l. . tit. de decimis . mr. seldens history of tithes , ch . . b see mr. seldens history of tithes , p. , , , , . c hoveden annal. pars posterior , p. . lindwood , provinc . constit . l. . tit. de decimis . d thess . . . a hist . angl. p. . b history of tithes , ch . . p. , . a hist . l. , . dr. usher annales eccles . veteris testam p. , . b voyce from the temple , epist . ded. & p. . if they were razed to the ground it wovld do well. c psal . . , . a as is evident by comparing it with i say . , , . c. . , to . c. . , to . jer. . , to the end . proposition . a the kentish petition against tithes , john canne , voyce from the temple , and others . b mal. . , . a matthew westm . & ●lorentius wigorniensis . an. . sec my humble remonstrance against ship-money p. , , . b spelman . concil . . a cooks ad . report , the bishop of winchesters case . summa angelica . tit. decima . a for which there is suffient allowance given in case of mere heath and baren grounds by the stat. or e. . c. . b see augustine , serm. . mal. . , , , . a cottoni ●osthuma , p. , . the acts of resumption , h. . , . e. . . r . . h. . h. . , . h. . . h. , ● . ● . . a britan. p. , . purchas pilgrimage , p. . a tim. . . b sermo . . tom. . c causa . qu. . d decret . eccles . gall. l. . t●● . c. . ●●● a suidas in leone . b a thing formerly proposed by them in their agreement of the people , presented to the commons ▪ house , jan. . ● . p. . a deut. . , . neh. . , . chro. . , , , , . purchase pilgrimage . l. . c. . p. , ● . a this objection i finde recited in the council of lingon anno . & there answered . bochellus decret . eccles . gall. p. . object . a see the levelers new printed paper intituled , englands fundamentall laws and liberties claimed , &c. and many petitions of late . b see all acts for tonnage poundage and impositions , mr. hackwels argument against impositions , cooks . instit . p. , , to . b mal. . , , , . see augustine sermo . . a gul. malmesbu●iensis , de gestis regum angl. l. . c. . ●uocus chron. in carolo simplici . cent. magd. . c. . & . dr. til lesly in his animad versions on mr. seldens history of tithes , p. , to . b tom. . p. . c review , p. . a extravag . de decimis , c. . joannes sarisbur . de nugis curialium , l. . c. . mr. seldens history of tithes , c. . p. , . b cannes d . voyce from the temple , p. , &c. c pet. . , . d rev. . . a gal. . . cor. . , , . b gen. . . hebr. . , , &c. c chron. . , , . a herodotus , l. . c. . valerius maximus , l. . c. . diodorus , an. . olymp. . dr. vsher annales veteris testamenti , p. . b see holinshed , speed , and others . , & r. . mr. st. johns speech against the shipmony-judges . a gul. malmesburi . de gestis regum , l. . c. . vita eucherii apud surium , tom. . . f. gratian , caus . . qu. . edit . gregoriana . flodourdus rhem. hist . l. . c. . juoni● chron. mr. seldens history of tithes , p. . . dr. tillesley , p. . * mat. 〈…〉 flores 〈…〉 an. 〈…〉 . * b●bliotheca patrum , tom. . pars . p. , . a aventinus , annal. boyorum , l. . p. . centur. magd. . c. , & . goldastus constit . imp. tom. . p. . dr. tillesley animadversions on mr. selden , p. , to . a exact collection , p. , , , , , , , . a collection , p. , , , , , , , , , , , , , , . appendix p. . and elsewhere . a luke . . a ambros . orat. in julianum , & grotius de jure belli , p. , . b grotius de jure belli , l. . c. . sect . . p. , , . crantzius saxonitorum , l. . c. . a extravag . de decimis , c. mr. seldens history p. , . b see the book of judges , kings , chron. maccabes , josephus , paul eber and others . c antiq● . ecclesiae brit. p. , to . , , , . thomas walsingham . hist angl p. . see the acts for the clergies subsidies in all our kings reigns , granted only by themselves in convocation . d xenophon helien l. . mountague diatriba p. , . e lib. . epist . . f in his exposition on thess . . p. . a thess . . b see dr. abbot , dr. beard , dr. squire of antichrist , and dr. sclater on that place . c luke . . d luke . , to . b matth. c. , & , & . mar. , & . luk. , . john , & . a acts . , to . b acts . , , , &c. c. . , &c. c. . , &c. to . c. , & . c matth. . . luk. , . d tim. . . e hebr. . . a rev. . . pet. . , . a see col. prides beacon quenched . a titus , . . b pet. . , . acts . . c thess . . a mat . . b eutropius , grimston in his life , theodoret , nicephorus , l. . c. , , , , , , . mr. fox , baronius , spondanus , and others . centur. magd ▪ . c. , . col. , to , , . nazianzen orat. . in julianum , ambros . epist . l. . ep. . zozomen l. . c. . rush●mus , l. . c. . c eusebius , eccles . hist . l ▪ . c. . l. . c. . eutropius , and grimston in his life . fox acts and monuments , vol. . p. . bishop jewels sermons , p. d see eusebius in vita constantini : bacons advancement of learning ▪ mr. edward waterhouse his apology for learning and learned men . a asser men●vensis in his life , camdens britannia : oxford universitie and cambridge . b suidas in leone . c cha●ion . chron. l. ● . alexander severus . note b hoveden , annal. pars post . p. . mr. selden , ad eadmerum notae , p. . * see peter martyr , in lib. . regum commen● . c. . p. . a see mr. seldens history of tithes . * see john cannes voyce p. . mr. edwards gangrenaes , and lillyes ephemeris , . a quid non mortalia pec●ora cogit aur● sacra fames . a in my fresh discovery of new lights . b rev. . . c is this christian gospel charity consistent with mat. . , to . c. . , . rom. . , , , , . c. . , , , . ephes . . . cor. . , , , &c. john . , to . c. . . , . c. . , . a sleidens commentaries , l. , & . see my sword of christian magistracy supported , p. , , &c. b see speeds history of great britain , stow , holinshed , and the survey of london . a speeds history of great britain . the arraignment of traytors , jac. c. , , , . a h●story of tithes , p. , , , , ●●● , , . b de nugis c●●●●lium , l. . c. . a ms. and dr. tillesley his anmadversions upon mr. seldens preface . animadv . . d mat. . , to . a since the army-officers in . declared in print against ministers tithes ; these prognosticators gaided by these all-ruling martial earthly planets , not the heavenly stars , have predicted their downfall every year , but not before . a for the year . b since that in . and . he continues in the same strain . a matth. . . b rev. . . iohn . , . c epistle to the reader , p. . and astrological discourse in it towards the end . a in the epistle , astrological ptedictions , and monthly observations . a epistle to the reader in his ephenens , , and . a cap. , & ● . worthy our most se●ious perusal . b ibid. p. , , , , , . which art lilly much promotes . see his ephemeris , , . a surius concil . tom. . p. . b a manifestation of the folly and bad spirit of certain in england calling themselves secular priests , p. . c rastals abridgement of statutes , tit. durham . a see watsons quod●ibets , p. , , . parsons his manifestation , fol. . william watsons reply to parsons libel , fol. . a the impropriations held by them were much more than the d. part of all the parish churches of england divided into parts , and of greater value than the other parts in priests and ministers hands . a page , to , , . a in. . lib. regum c. . f. . b see . & . phil. & mar. c. . mar. sess . . c. . fox acts and monuments vol. b gratian caus . . qu. , & . c see r. . rot . parl. n. . h. n. , , . h. . n , , . h. . n. . h. . n. . h. . n. . edw. . ● . n. . ● . . n. . h. . c. . h. . c. . with those resumptions in former ages , recorded in daniels history and others . d see canterburies doom , ● . , , &c. b the levellers late printed fundamental lawes and liberties . n. , , , . a speeds hist . p. , &c. , , , . sleidens comment . l. . c. . b tim. . . eccles . . . a see nicephorus eccles . hist . l. . gent. magd. . c. . . b amos . . c ante haec sic existimatum est , speciosa strue●e sapientum esse , & civilis vitae scientium ; structa demolire , stultorum & vecordis animi signa ad posteros transmittere , non erubescentiam : procopius gothico●ū . l. . grotius de jure belli . p. . d de benesiciis p. . e gratian caus . . qu. . summa angelica & rosella , tit. sacrilegium . f fredericus lindebrogus codex legū antiquarum . p. , a fredericus lindebrogus codex legum antiquarum p. , . b fredericus lindebrogus ibid. p. , . bochellus decret . eccles . gal. l. . tit. . p. . a sr. james semple sacrilege sacredly handled . sir henry spelman de non temerandis ecclesiis . mr. seldens review . dr. selaters ministers portion . summa angelica , rosella & tho. zerula tit. sacrilegium : with many more . b see wests presidents , indictments and offences ▪ sect , . p. , . ● e. . c. c articuli cleri . e. . c. . object . d grotius de jure belli . l. . c. . answ . e exact collection p. . . f exact collection p. . ☜ a purchas pilgrimage l. c. , . heylins microcosm p. , , , , , . b lipsius de triumphis , heylins cosmography and others . a hoveden annal pars posterior p. , to . math. paris hist. angl. p. . * see sr. john davis reports ● . , , . a page , . hoveden annal . pars posterior , p. , , &c. b de jure belli . l. . c. . sect . , , . & annotata , p. , , . a pet. . . notes for div a -e * descriptio daniae , . p. . historia compendiosa daniae p. , . saxogrammaticus , pontanus and others in the life of canutus and olavus . notes for div a -e * jude . notes for div a -e * see john cannes second voice from the temple , . * see my quakers unmalked . my new discovery of romish emissaries . and true and perfect narrative . * see claus . . e. . m . dorso . * see mr. seldens history of tithes , c. . rastals abridgement , title tithes . * see his second voice from the temple , . a prov. . , . c. . . b rom. . . tim. . . iude . c cor. . . d iohn . , rom. . , to . * sam. . , , , . . ● see i● . calvini hom. . in sam. ● . . p. . * see mr. seldens history of tithes , ch . . the . part of my gospel plea. * chron. . . to . the historie of tithes that is, the practice of payment of them, the positiue laws made for them, the opinions touching the right of them : a review of it is also annext, which both confirmes it and directs in the vse of it / by i. selden. selden, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the historie of tithes that is, the practice of payment of them, the positiue laws made for them, the opinions touching the right of them : a review of it is also annext, which both confirmes it and directs in the vse of it / by i. selden. selden, john, - . [ ], xxii, [ ], , [ ] p. s.n.], [london : m.dc.xviii [ ] dedication (a₂r) heading: to the most honord [sic] / sr robert cotton / of connington. / knight and baronet; third line from bottom has "not be thrust". pages and numbered and respectively. contains marginal notes. imperfect: stained signatures: a⁴, a- k⁴, a-f⁴. reproduction of original in: harvard university. library. includes bibliography. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tithes -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the historie of tithes that is , the practice of payment of them . the positiue laws made for them . the opinions touching the right of them . a review of it . is also annext , which both confirmes it and directs in the vse of it . by i. selden . nec partis studijs agimur . sed sumsimus arma consilijs inimica tuis , ignavia fallax ! m.dc.xviii . to the most honord sr robert cotton of connington . knight and baronet . noble sir ; ivstice , no lesse then obseruance , vrges me to inscribe this historie of tithes to your name . so great a part of it , was lent me by your most readie courtesie and able direction , that i restore it rather then giue it you . and it cannot but receiue an increase of estimation from your interest thus seen in it . for to haue borowd your help , or vsd that your inestimable library ( which liues in you ) assures a curious diligence in search after the inmost , least known and most vsefull parts of historicall truth both of past and present ages . for such is that truth which your humanitie liberally dispenses ; and such is that which by conference is learned from you . such indeed , as if it were , by your example , more sought after ; so much head-long error , so many ridiculous impostures would not be thrust on the too credulous , by those which stumble on in the rode , but neuer with any care looke on each side or behind them . that is , those which keep their vnderstandings alwaies in a weake minoritie that euer wants the autoritie and admonition of a tutor . for , as on the one side , it cannot be doubted but that the too studious affectation of bare and sterile antiquitie , which is nothing els but to be exceeding busie about nothing , may soon descend to a dotage ; so on the other , the neglect or only vulgar regard of the fruitfull and precious part of it , which giues necessarie light to the present in matter of state , law , historie , and the vnderstanding of good autors , is but preferring that kind of ignorant infancie , which our short life alone allows vs , before the many ages of former experience and obseruation , which may so accumulat yeers to vs as if we had liud euen from the beginning of time. but you best know this ; in whom that vsefull part is so fully eminent , that the most learned through europe willingly acknowledge it ▪ and so open hath your courtesie euer made the plentious store of it to me , that i could not but thus offer you whatsoeuer is in this of mine own also , as a symbole of some thankfulnes . it was at first destind to you . and howeuer through the hastie fortune that ( i know not why ) it sufferd at the presse , some pieces of it haue been disperst without the honor that your name might adde to them ; i shall be yet euer so ambitious of that honor , that the whole shall neuer ( for so much as i can preuent ) be communicated without this prefixt testimonie of dutie to you . receiue it fauourably , noble sir ; and continue to me that happinesse which i enioy in that you neither repute me vnworthy of your loue , nor permit me in ignorance when i come to learne of you . from the inner temple , april . iv. m.dc.xviii . the preface . it hath euen so happend with not a few of the malicious ( what through lazie ignorance , what through peeuish ielousie ) at their first sight or hearing of the name of this historie of tithes , as it was wont with those raw nouices , that , vpon their first admission to the sacred mysteries of the gentiles , troubled and frighted themselues with a world * of false apparitions while they thought of what they should see in the inmost sanctuarie at the vnknown presence of their deitie . and doubtlesse , the priest had not a litle work to perswade them that what they should there meet with , was not an vnluckie empusa , not a formidable mormo , not a wanton cobalus , not a mischieuous furie , not indeed any thing that their idle brains , being such meer strangers to the abstrusest parts of truth , had fashiond out . the many fancies that malice , ignorance , and iealousie haue framd to themselues touching this of mine , haue been no lesse ridiculous ; and some equally fearefull , but equally false . and i must here first play the priest also , and so cleer , if it were possible , those fancies , by protesting that it is not writen to proue that tithes are not due by the law of god ; not writen to proue that the laitie may detaine them , not to proue that lay hands may still enioy appropriations ; in summe , not at all against the maintenance of the clergie . neither is it any thing else but it self , that is , a meer narration , and the historie of tithes . nor is the law of god , whence tithes are commonly deriud , more disputed of in it , then the diuine law , whence all creatures haue their continuing subsistence , is inquired after in aristotles historie of liuing creatures , in plinies naturall historie , or in theophrastus his historie of plants ; or then the iustice of the old courts of rome , is examind in brodaeus his historie of them , or the conuenience of the ciuill and canon laws in that of riuallius . nor was any thing , that belonged to the title , purposely omitted . nor was any piece of it stolne from any other mans notes . that as the rest also hath been most maliciously imputed by some that so impudently dare coniecture ( though they be farre enough from being either — arte aut scientia diuini ) and as iudiciously censure it or me , as those in lucian , could euripides , that were weekly stark mad in rime till winter , by reason of what they had heard of his tragedies in summer , and could neither iudge at all of what they said nor yet possibly hold their peace . but they know there are neuer wanting long eares readie stretcht out to base detraction ; and that animates them . i know not how otherwise to confirm these protestations then by sending him , that beleeus me not here , to the view of the whole . he may be there further satisfied . and shall then see also that it is not of the pitch of the doctrine of the breuiarie , or within the compasse of pocket-learning . nor will it , i think , looke like what were patcht vp out of postils , polyantheas , common place books or any of the rest of such excellent instruments for the aduancement of ignorance and lazinesse . nor is any end in it , to teach any innouation by an imperfit patterne had from the mustie reliques of former time . neither is antiquitie related in it to shew barely what hath been ( for the sterile part of antiquitie which shews that only & to no further purpose , i value euen as slightly as dull ignorance doth the most precious and vsefull part of it ) but to giue other light to the practice & doubts of the present . light , that is cleer & necessarie . nor could such as haue searcht in the subiect see at all often , for want of such light. but illos non peto , piscem peto . neither hath it at all wanted the most approuing censures of such as are of choicest learning , ablest iudgment , and truly decumatissimi aswell in worth as title . nor is it at all materiall what any one shall cast on it through his secure confidence only , in any of those old a ensigns of dissembled ignorance or grauitie , the beard , the habit , and title . it is for such to learn by , not at all to censure . and none of the ingenuous and learned , that read it , wil be backward , i think , to allow it for truth , as he did that first licenced it for the presse with ita est & subscription of his name . but wee leaue this preposterous admonition in negatiues ( yet by reason of the head-long importunitie of such as haue in great number alreadie misconceiud it , they were necessarie and could not elswhere haue had so fit place ) and shortly thus delineat what it is by the end and purpose of writing it ; by the argument of it ; by the course of composing it ; and by the summe of performance in it in behalfe of the clergie . for the first ; we find that in the frequent disputations about tithes , not only arguments out of holy writ for proofe of a diuine right to them , but matter also of fact , that is , practice and storie , is very often vsed ; as the kinds of paiment of them among the ebrews , among the gentiles , the maintenance of the church in the primitiue times , the arbitrarie consecrations , appropriations and infeodations of them in the midle times , the payment of them at this day in the seuerall states of christendom , together with the various opinions and positiue laws touching them . for , opinions and laws , as they are related only and fall vnder the question of what and whence they were , are meerly of fact. and proofs are hence often drawn to confirm sundrie occurrences in inquirie for the truth on either side . that of the diuine right of them is so wholly a point of diuinitie and handled so fully by diuers schoolemen , so imperiously by most of the canonists , and so confidently by some of our late diuines , that what euer could be said touching that only , by inference out of the holy text ( which must be the sole triall of it ) would but seem taken from some of them which haue so purposely disputed it . neither were that so fit to be medled with by any as by a profest diuine . but for that other part which falls vnder historie , there is not one of them all which hauing boldnes enough to aduenture on it ( which he disputes withall of the diuine right ) shews not also too much either ignorance or negligence in talking of it , being vsually deceiud and deceiuing in it those most of readers that giue their historicall faith captiue to bare names and common reputation . and as in that old c picture of homer the rest of the following poets greedily swallowd what euer he had vomited forth ; so among these , one so rashly receiues herein error from another , and so increases it , that there was neuer found a better example of the old prouerb sardi venales , or worse and worse , then in most of their multiplied pamphlets of it . which of them relates towards what is fit to be known touching the paiment among the ebrews ? among the gentiles ? among christians of former time ? nay , which of them seem to know or to haue heard of the chief human positiue laws made for tithes ? yet would they gladly vse them if they had them . where is there among them an ingenuous discouerie of the various opinions of past ages that belong hither ? who of them once touches the right ancient course of setling tithes at first in monasteries , colledges , or other such corporations , by appropriations and consecrations of them ? who of them tells vs other then meer fables , while hee talks of the originall of infeodations ? and with what patience can you read those which as great doctors talke of exemptions , and pretend themselues to the world for such as discouer the most secret curiosities , or cornicum oculos configere , tell vs of four orders exempted , and make the hospitalers and those of s. iohns of ierusalem to be two of them , with other such most grosse and ridiculous absurdities ? and it is a common , but most deceiuing argument among them , affirmatiuely to conclude fact or practice of tithing from what they see ordaind for tithes in any old canon of the church . as if euery thing so ordaind , necessarily had also a following vse . it being indeed frequent enough to find canons directly contrarie to following practice ; and that euen in the proceedings of the canon law , which ( as the body of it is ) was neuer receiued wholly into practice in any state , but hath been euer made subiect in whatsoeuer touches the temporalties or maintenance of the church ( which come from lay men ) to the varietie of the secular laws of euery state , or to nationall customes that crosse it . is it enough to proue that parish churches , in england , were regularly euer to be repaird by the parsons , because the generall d canon law is so ? or that a clergie man might not haue bequeathd any chattels wherin he had right in respect of his church , because also by that e law he might not ? in england , generall customs of the contrarie in both cases still f held , and in many other as you see in lindwood , who knew both the generall practice here and the canons , and often also teaches their differences in other cases . very many like may be found in other states , by comparing their immemoriall customs and old ordinances that are against the canons , and that both in the eastern and western churches . and for the eastern canon law ; passages are found to this purpose in zonaras g and balsamon , the two chief and ancient canonists of that part . the laitie at pleasure commonly limited the canon law especially where it toucht their dignities or possessions ( and that aswell before luther so derogated from the autoritie of it by burning it at h witteberg in a publique assembly , in despite of the pope , as after ) which might be manifested by a world of examples . but it is most cleer to all that know historie . to argue therefore from affirmatiue canons only to practice , is equall in not a few things ( and especially in this of tithing ) to the prouing of the practice of a custom from some consonant law of plato's common wealth , of lucians men in the moon , or of aristophanes his citie of cuckoes in the clouds . to supply therefore the want of a full and faithfull collection of the historicall part , was the end and purpose why this was composd which might remaine as a furnisht armorie for such as inquire about this ecclesiastique reuenue , and preferring truth before what dulling custom hath too deeply rooted in them , are not vnwilling to change their old akorns for better meat . as touching the argument of it ; the whole being xiv . chapters , the first vii . are thus filled . the first hath what is , in best autoritie of the ancients , belonging to those tithes paid before the leuiticall law. the second the seuerall kinds paid by the iews vnder the law. and this from ebrew lawiers . the third shews the practice of the romans , graecians , and some other gentiles , in paying or vowing them . then the whole time of christianitie being quadripartitly deuided ( with allowance of about xx. yeers more or lesse to euery part ) takes vp the next four chapters , in which the practice of payment of tithes , arbitrarie consecrations , appropriations , infeodations and exemptions of them , establishment of parochial right in them , as also the laws both secular and ecclesiastique , with the opinions of diuines and canonists touching them , are in their seuerall times manifested ; but so only , that whatsoeuer is proper to this kingdom of england either in laws or practice , either of payment or of arbitrarie consecrations , , appropriations , or infeodations , or establishment of parochiall right , together with a corollarie of the ancient iurisdiction whereto they haue been here subiect , is reserud all by it selfe to the next seuen chapters . but euery of the xiv haue their arguments prefixt , which may discharge me of further declaration in this place . by this time , i trust , you conceiue what the name of historie in the title pretends . and the tithes spoken of purposely in it ( for perhaps it is needfull to admonish that also ) are only such as either haue been paid , vowd , or dedicated to holy vses , or els giue light to the consideration of the performance or omission of such payment . neither the decimae saladinae , nor the decimae papales ( which were wont to be imposd ) nor the decima litium in the imperials , nor the old ratio decimarum vpon the lex pappia , haue had place here , nor the like , which are no more to this subiect then the tithes paid to the crown by our clergie , or by those of the boroughs by grant in parlament , or the terrages in tenths reserud by lessors often in france and spain , or the tenths anciently paid in some places , as impost vpon merchandise , or that old custom of england , in paying the aurum reginae , that is a tenth part of as much mony to i her as was giuen at any time to the king , or other such . nor had the tithes of houses in london , place here k otherwise then as they occurre in those acts of parlament and the decree vnder henrie the eight , that mentions the ministers maintenance by the name of tithes . for before that decree , howeuer the lii . farthings paid on sundaies only were neer the iust tithe of euery xs. rent ( that is about / . ) and were perhaps thought on by that name ( as may be collected out of lindwood ) yet these ioind with the other offerings of great festiuall daies , made vp indeed only a certain competencie of maintenance , but could not properly be reputed among tithes . neither in regard of their value , nor ( as compard with the ancient institution of tithes among the iews ) in respect of their nature . for their value came to much more then a tithe , as also that doth which hath the name of tithe at this day in london . neither is there reason enough why the lii . farthings that were offerd on sundaies should be seuerally , and as deuided from the other offerings , thought on to this purpose . and for their nature before these acts and the decree ; i here offer only what i find in a short discourse , titled , a deuise how the curats of london may be prouided of sufficient liuings , writen vnder henrie the eight , and remaining yet among the records of the exchequer . the autor of it first shews that all ministers of gods word should giue freely their labours in the church , and be maintaind of the tithe of the free gifts of the earth ; as of cattell , corne and fruit ; which he supposes is as freely giuen them by the almightie , through the labour of the people , as the preaching of the word and administration of sacraments is to the people through the labour of the ministers . but he permits not that any mony or other profit , being not liuing gifts , as he calls them , is by the law of god titheable . so that where no such liuing gifts and increase are , there no tithes ( as tithes ) are paiable to them , as he concludes . nor indeed is any mention of other tithes in the leuiticall law , then of the increase of the earth in fruit and cattell , that is of the gaine only out of those more naturall trades ( which l aristotle elegantly stiles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) of tilling the earth and breeding of cattell . and that which holy writ calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 theboah , that is , increase or reuenue , where the law of prediall tithing is iterated , is vnderstood by the iewish doctors of the fruits and increase , giuen vs out of the soile ; and is well paraphrased by the septtuagint when they turne it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the increase of the earth . and in the vulgar it is expressed by fruges . but then , it is to se by what law curats of churches in london can haue ( so are the very syllables of that discourse ) any liuing of the people otherwise but like as the people by their own consents will giue them for ther office doing . in very dedde they must haue leuyngs to kepe them out of necessite . and thereby it is to se how in london they cannot receyue ther leuyngs of godd by no liuely gifts of grace , like as in the countrey . but in london they must receiue their leuings of mens gifts ; that is money which is euery mans own , for their office doing . the pope by his law nor by his bulls cannot compell no man te giffe his own gode to theym for their office doyng more then people will consent to giff theym . for christ saith that their leuing is freely giuen them of godd , if they do ther office to see all peple worke . therefore that if the peple haue not labors and leuings , they ought to haue none nor can make no law whereby to axe no mans goode . therfore that leuing which they haue had in london hath been by the consents of the peple which hath long time giuen them xivd. of euery noble rated by the rents of houses which hath been riche leuings : wherewith they not content but ouer that hath procured of the peple money so many weys by casualties of beryalls , crystnings , weddings , obits , and offerings , yhe and secretly rifelyth mens consciences taking priuy tithes of whatsoeuer they can get , be it out of euil goten goodes . howsoeuer they can get it , they call it ther dewtie . and thence he saies some benefices were worth cli. some lxxxli. some c. marks , others lli. and then he shortly aduises how the ministers maintenance should be otherwise there limited and leuied . but who sees not enough now that what is called tithes of houses in london , is rather calld so only then is at all so ? yet because the name of tithes in those acts of parlament , is giuen to the ministers maintenance there , it had been perhaps reputed negligence to haue omitted the remembrance of them , in the course of composing it . the testimonies were chosen by weight , not by number . taken only thence whither the margin directs , neuer at second hand . neither affected i to muster vp many petie and late names for proofe of what is had wholly by all from ancient fountains . the fountains only and what best cleered them , satisfied me . and i supposd euery iudicious reader would be so best satisfied also . for in meer matter of elder storie , what credit can nauclerus , cario , cuspinian , or the numerous rest of later time , adde to the testimonies of those ancients yet extant , from whom they borrowed what euer they haue new drest of preceding ages ? petrus comestor , or ludolphus de saxonia may aswell increase the credit of holy writ , as those other may the truth of such histories as instructed them in common with the rest of posteritie . neither at all wish i that this of mine should gain any strength of truth from my name alone , but from those autorities which i haue designed and brought , both for elder , late and present times , out of such both printed and manuscript annalls , histories , councels , chartularies , laws , lawiers , & records only as were to be vsd in the most accurat way of search that might furnish for the subiect . yet also i haue not neglected the able iudgements of such of the learned of later time , as giue light to former ages . but i so preferd the choisest and most able , that i haue wholly abstaind from any mention or vse here of those many ignorants that ( while they write ) rather instruct vs in their own wants of abilitie , then direct to any thing that may satisfie . if through ignorance i haue omitted any thing in the historie or the reuiew , that deserued place in them ; who euer shall admonish me of it shall haue a most willing acknowledgment of his learning and courtesie ▪ but all the bad titles that are euer due to abuse of the holiest obtestation , be alwaies my companions , if i haue purposely omitted any good autoritie of ancient or late time , that i saw necessarie , or could think might giue further or other light to any position or part of it ! for i sought only truth ; and was neuer so farre ingaged in this or aught els as to torture my brains or venture my credit to make or creat premisses for a chosen conclusion , that i rather would then could proue . my premisses made what conclusions or coniectures i haue , and were not bred by them . and although both of them here not a litle somtimes varie from what is vulgarly receiud ; yet that happend not at all from any desire to differ from common opinion , but from another course of disquisition then is commonly vsed ; that is , by examination of the truth of those suppositions which patient idlenesse too easily takes for cleer & granted . for the old sceptiques that neuer would professe that they had found a truth , shewd yet the best way to search for any , when they doubted aswell of what those of the dogmaticall sects too credulously receiud for infallible principles , as they did of the newst conclusions . they were indeed questionlesse too nice , and deceiud themselues with the nimblenesse of their own sophismes that permitted no kind of established truth . but plainly , he that auoids their disputing leuitie , yet , being able , takes to himselfe their libertie of inquirie , is in the only way that in all kinds of studies leads and lies open euen to the sanctuarie of truth , while others , that are seruile to common opinion and vulgar suppositions , can rarely hope to be admitted neerer then into the base court of her temple which too speciously often counterfaits her inmost sanctuarie . and to this purpose also is that of * quintilian , most worthy of memory , optimꝰ est in discendo , patronꝰ incredulꝰ . for the summe of the performance in behalfe of the clergie ; i dare confidently affirme , that neuer before was there towards so much humane law positiue for the paiment of whole tithes , obserued to publique view as is here discouered ; and that especially in the viii . chapter for the clergie of england . and plainly he that talks of tithes without reference to such positiue law , makes the obiect of his discourse rather what he would haue should be , then any thing that indeed is at all . for what state is in all christendom wherein tithes are paid de facto , otherwise then according to human law positiue ? that is , as subiect to some customes , to statuts , to all ciuill disposition . if they bee in truth due iure diuino ( which diuines must determine of ) they remain equally so aswel after as before human laws made touching them . but that is a question daily controuerted ; and among the clergie . now , who euer disputes it and relyes only on ius diuinum , or the holy scripture for the right of tithes , doth but make way for him whom hee cannot perswade that they are due by the law of god , to thinke that they are no way due . which questionlesse was the originall cause of the opinions of such as falsly taught them not at all payable , but arbitrarily as almes euen since parochial right in them established . i meane the dominican and franciscan fryers , and those other of a farre different stampe , wicliffe , erasmus , and the like . had they sufficiently thought of the constitutions and practice of christian states , whereby tithes had been variously dedicated for the maintenance of the euangelicall priesthood , and setled for other holy vses either by continuance of time , by the owne●s conueyance , or by any such other ciuill title ( the strength whereof is immediatly founded in human law ) what colour could they haue had to thinke that they had been only almes ? for what euer is lawfully established by a ciuill title , is cleerly debitum iustitiae , not charitatis . what brain then except one bewitcht can think that human positiue law and common prac●●ce which vsually either declares or makes also a positiue law , are not most carefully to be sought after in inquiries touching this sacred reuenue , which is no otherwise enioyed in any state then as that law hath ordaind and permits . and let human laws , practice , and opinions bee as their autors will ; yet whatsoeuer argument may be found in the law of god for the right of tithes , remains still as vntoucht and equally of his former power , as the heat and light of heauen euer did , notwithstanding the vse of fire had vpon earth . and the truth is that diuers of them that writ , with more will then iudgment , for tithes , fall often from their ius diuinum , before they are aware , and talke of them as supposd due also by human positiue law of practice . but they are farre enough from shewing what or where that law or practice is . what doe they else when they confound tithes and consecrated lands together ? and apply that to tithes which is equally to bee spoken of lands giuen to the church ? i trust they mean not that the church had an originall title also iure diuino , to lands arbitrarily consecrated to it . let not then either the purpose or conuenience of th●● historie bee valued , from what distemperd malice , ignorance , or iealousie haue cryed it down with in corners . the learned frier bacons most noble studies being out of the rode of the lazie clergie of his time , were vehemently at first suspected for such as might preiudice the church . reuchlin and budè , the one for his ebrew , the other for his greek , were exceedingly hated because they learned and taught what the friers and monkes were meere strangers to . others about their time had like fortune . neither was any one thing in the beginning of the reformation so vnwillingly receiud or more opposd by such as labourd that ignorance might still continue in her triumph , then that singular light to the cleering of error , the geek text of the new testament , first publisht in print by erasmus ▪ and it was ordaind ( as he saies ) vnder great penaltie in i know not what colledge of cambridge , that no fellow of the house should be so impious as bring it within the gates . for the world hath neuer wanted store of such blockes laid in the way of learning , as willingly endure not any part of curious diligence that seekes or teaches whatsoeuer is beyond their commonly receiud nihil vltrà . but there are others that both can iudge and doe wish for all light to truth . such they were that euen while ignorāce yet held her declining empire , defended those worthies , bacon , bude , reuchlin , erasmus and the rest that so sufferd . and to doubt whether this of mine shall find such also , were but to question w●ether euery man were yet a malicious rebell to truth , and wholly without ingenuity that performes euen as much in fostering her , as time doth in breeding her . but neither is the worke alone taxt by mistaking of the subiect , but also in regard of the autor . what hath a common lawyer to do ( so they murmur ) with writing of tithes . for by that name it pleases them to stile me . and i must confesse , i haue long labourd to make my selfe worthy of it . but i would their discretions also would designe out to whom it belongs more to write the historie of tithes , then to a common lawyer . i expect not such a sottishnesse , as that they should so much as dream it to bee more proper to any of the other single professions of this kingdome ; except to a diuine , or a ciuilian ; vnder which name , because those which practice the canon laws here ( according as the common laws permit ) take their degrees , in the ciuill law , i comprehend also the canonist . and vse hath here made the name of ciuill law , to denote a both ciuill and canon . for the diuine ; what is there in the course of his study restraind to his profession , that can neer enough instruct him in the laws and practice , especially of the christian times . nor is the practice or laws of tithes among the iews , as they are deliuerd & interpreted by their doctors , more indeed restraind to the course of diuinitie , then of law and historie . but should a ciuilian rather haue dealt with it ? if hee ; then eyther ( according to what we vnderstād by that name in england ) as a ciuilian , or as a canonist . if as a ciuilian ; hee should the● haue made that proper to himselfe touching which , in the whole body of his law ( though hee take in also theodosius his code , the basilica and the nouels of the later easterne emperors ) not the least mention is found of tithes belonging to the church . indeed , a case is put by vlpian of b vowing of tithes , which some old ignorant and barbarous doctors vnderstand of tithes among christians . but they were long since laught at for it by him that c first happily labourd in the restoring to that profession , the lost neatnesse and elegancie of the text. that was cleerly spoken of the roman vse only , & of vowing to hercules or the like . but should the ciuilian as a canonist haue done it ? what in all his decrees , decretals , and extrauagants , though hee ioyne many armies of his doctors , directs him to the practice of the iews , gentiles or christians ? where shall the canonist or the ciuilian , or the diuine , in the courses of their proper studie , find the many secular laws made in behalfe of the clergie for tithes ? where the ancient practice of payment ? if it be cleer then ( as i hope none hath the impudence to denie it ) that neither the diuine , nor ciuilian , nor canonist , by the course of their owne appropried studies , can come to what is necessary in the knowledge of the history of tithes , it will bee as cleere that none of them could challenge the medling with it as a right specially belonging to any of their professions . but neither indeed is it proper to any one alone of those that are commonly made professions . the truth is , both it and not a few other enquiries of subiects too much vnknowne , fall only vnder a farre more generall study ; that is , of true philologie the only fit wife that could be found for the most learned of the gods. shee being well attended in her 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or daily seruices of inquiry , by her two hand-maids curious diligence and watchfull industrie , discouers to vs often from her raised towre of iudgment , many hidden truths , that , on the deuell of any one restraind profession , can neuer be discerned . and euery profession takes from her to it selfe ( as was long since d obserud ) some necessary part not elswhere to be sought for . not much otherwise then as the subaltern sciences do from their superiors , or as they all do from that vniuersalitie or first philosophie , which is but the more reall part of true philologie , and establishes principles to euery facultie that could not of it selfe alone know how to get them . but is not the companie of this great lady of learning with her attendants , as fit for a student of the common laws of england , as for any other pretending what facultie soeuer ? i neuer heard that shee was engaged alone to any beside mercurie . no● find i any conditions in the mariage twixt her and mercurie , that shee should fauour any one particular profession more then another . i know there haue been and are many common lawiers of other states ( for euery state in christendom is gouerned by its own common laws and customs , and hath truly its common lawiers as is further shewd towards the end of the reuiew ) so farre from being strangers to her that they are all to be reputed of her chiefest darlings ; and some of them are hardly equalled among any other professors . witnesse in france those euer honord names , bude , cuiacius , brisson , tiraquell , pithou , pasquier , le thou , aerault , berterie , sauaron , and others ; in the empire , gruter , freher , ritterhuse ; in the vnited prouinces , groot , heuter , and the like elsewhere . for these all were or are practicers of the various common or secular laws of their own nations , although they studied the imperialls and canons in the vniuersitie . and who of the learned knows not what light these haue giuen out of their studies of philologie , both to their own and other professions ? and that in rectifying of storie , in explication of good autors , in vindicating from the iniurie of time both what belongs aswell to sacred as prophan studies ? why then may not equally a common lawier of england vse this philologie ? and by consequent be a fit autor of this historie of tithes , as of a proper issue of philologie ? it being indeed much more proper also to philologie in a common lawier , then in one of any other profession . for the two chief parts of it ( that is , practice of paiment and the laws of tithing , that either are in force or euer were receiud touching them in any state ) were alwaies and are part of the proper obiect of his studies . and what euer diuines or canonists conclude of them ; it is the secular or common laws only that according to customs , and various ordinances permit or restraine the canons in legall exaction of them , and that in other states aswell as in england . for howsoeuer it be affirmd by e some which enough accuratly think not of it , that the clergie euery where in the western church , being scarce a hundreth part of the people , are inricht with whole tithes of fruits of the earth and of cattell ; yet it is certain that in no state of that church , whole tithes are vniuersally paid . but frequently customs , not only of a modus but de non decimando are by force of secular law practiced . witnesse for the empire , is in that diet of f norimberg vnder charles the fift , where the lay princes of the empire complaine against the church for offering to put their canons for tithes in practice ; etsi laici per multa annorum curricula de certis eorum praedijs , neque maiores neque exiguas , vt vocant , praestiterint decimas &c. as much for spain is in g gouaruuias ; for italie , h in vgolin , i caietan , others ; for france , in papon on the customs of burbon , boerius on those of berry , de grassalio , beside the many arrests of parlament that are adiudged against the canons . but these things are more particularly shewd in the seuenth chapter , wherein ( as in the rest ) we haue affected rather what is autoritie enough , then what is various . who now can shew colour why this was not a worke proper enough for a common lawier ? but this whole premonition , i thinke , is as well more then is necessarie to the truly iudicious , as it may perhaps seem lesse then what satisfies to the numerous pretenders , that neither know any way that lies out of their beaten rode , nor value books but as stationers do , nor admit willingly of any other kind of studies then such as are more like sordid occupations then liberall professions . but i stay you too long here , reader . trie now how i haue performd my promise ; spare not to trie with your most censorious examination ; — sed magis acri iudicio perpende ; & si tibi vera videtur , dede manus ; aut , si falsa est , accingere contra . the contents . cap. i. of tithes before the law. i. melkizedek had tithes only of the spoiles of warre giuen him by abraham . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denotes spoiles of warre , and perhaps also profits taken from the ground , or ruta caesa . ii. iacobs vow and payment of tithes ▪ both abraham and iacob were priets when they paid tithes . in whom the priest-hood was before the law. iii. whether any certaine quantitie were obserued in the offerings of cain and abel . iv. a cabalistique operation in numbers by which tithes and the first fruits , offered by abel , might haue a mysticall identity . such operations were amongst old christians also , but meerly vaine . cap. ii. how among the iews , tithes were paid or thought due . i. first fruits , and heaue offering ( that is sixtieth parts at least ) first were paid out of the fruits of the earth ii. the first tithe was paid to the leuites ( who out of that paid a tithe to the priests ) and then the second tithe . iii. the errour of them that make a third tithe . the second tithe of euery third yeere spent on the poore . what they take the yeer of tithing to signifie in deuteronomy . iv. aboue a sixt part was yeerly paid by the husbandman : but no tithe by him to the priests . v. how their cattell were tithed . vi. a discontinuance of payment among them . honester ouer-seers chosen for the true payment . demai , that is , things doubtfull , whether tithes were paid of them or no. passages in epiphanius and s. chrysostome , of their tithing . vii . their tithing of euery herb . what their canonists hold titheable . viii . their law of tithing ( after the destruction of their second temple ) ceased , by the doctrine of their canonists . which teaches also that they are not to pay elsewhtre then in the land of israel , and some adiacent countries . presbyteratus iudaeorum totius angliae anciently granted by the english kings . cap. iii. tithes how paid , or due among the gentiles i. some romans paid to some deities , and somtimes only , a tenth of spoiles ; of procede of merchandize ; of their estates ; but vsually also by vow , which bound the heire or executor . ii. festus is falsly cited for a generall custom of payment of tithes among the ancients . iii. examples of tithes paid among the graecians . iv. how the assertions of a generall ▪ vse of giuing tithe to the gods among the graecians , are to be vnderstood ; and why 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , to tithe , signifies also to consecrate . v. a tithe paid to hercules of tyre , and sabis an arabian deitie , the same with iupiter sabazius . cap. iv. in the first foure hundred yeers after christ. i. no vse of tithes occures till about the end of this foure hundred yeeres . offerings and monthly pay for maintenance of the church in the primitiue times . diuisiones mensurnae . sportulae . ii. payment of tithes of mines and quarries to christian emperors . the wealth of the church enuied . iii. the opinion of origen touching tithes . iv. constitutions of those times , that mention them , are of no credit . cap. v. from about the yeer cccc . till dccc . i. tithes were now paid in diuers places , to abbots , to the poore , to the clergie . ii. some consecrations were then made in perpetuall right , at the pleasure of the owner . iii. that storie of charles martell his taking away tithes , & making them feodall , cannot be iustified . iv. the opinions of s. ambrose , s. augustine , s. hierom , and s. chrysostom . the first two teach , the tenth due by gods law ; the other two perswade only that a lesse part should not be offerd . v. of canons , for the payment of tithes , that are attributed to this age. cap. vi● between about the yeer d.ccc. and neere m.cc. i. payment of tithes , how performed . ii. arbitrarie consecrations of them alone ( like grants of rents-charge ) at the lay-owners choice , to any church or monasterie , were frequent ; and sometimes lay-men sold them to the church . redimere decimas . iii. appropriations of them with churches ; wherin they passed as by themselues , from the patron seuerally and directly in point of interest . the beginning of parish churches . disposition of the offrings receiued there . lay-foundations of parish churches . the interest that patrons claymed . right of aduowson . the ceremonie of putting a cloth or robe vpon the patron , at the consecration of the church . the vse of inuestitures , by which ( as by liuerie of seisin ) lay patrons gaue their churches . commendatio ecclesiae . benefice . none anciently receiued the character of orders , but when also the ordination was for the title of some church . thence came the later vse of episcopall institution . whence some patrons came to haue most part of the tithes . canonica portio . the clergy and councels against inuestitures . their continuance till towards m.cc. when institution ( as it is at this day ) vpon presentation grew common . how appropriations were in those times made . the ancient episcopall right to tiths , especially in germanie , and the northern parts . how monks iustified their possession of tithes and parish-churches . the right of tithes generally denied in turingia , to the archbishop of mentz . iv. of infeodations of tithes into lay-hands , both from the clergie and laitie ; and of their originall . v. of exemptions graunted by the pope . templars and hospitalars accounted no part of the clergie . vi. the generall opinion was , that they are due iure diuino . but this , indifferently thought on , seems to haue denoted rather ecclesiastique or positiue law ( by the doctrine and practice of the clergy ) then diuine morall law. vii . laws imperiall , and canons synodall and pontificiall , for the payment of tenths . the grosse error of some that mistake nona and decima in the capitularies . the first generall councell that mentions tithes . cap. vii . of the time from m.cc. or neere thereabouts , till this day . i. the canons of generall councells , and decretalls , for parochiall right in tithes ( not formerly otherwise conueyed ) which now became more established . ii. the opinion of the canonists , in the question of what immediate law tithes are due by , is , that they are payable iure diuino . iii. how the same question is determined by the opinion of the schoolmen . iv. of those that held them meere almes . v. the opinion in diuinitie , that concludes them due iure diuino . with a determination of the vniuersitie of oxford touching personall tithes . vi. laws , customs , and practice of france , in exaction of them . of their feudall tithes at this day . vii . laws , customs , and practice in spain , touching the generall payment of tithes . tithes there , in lay mens hands . viii . customs and infeudations in italie ; payment in venice ; in germanie : of the hungarians , polacks , swethians , and others , touching the dutie and possession of tithes . ix . of tithes in scotland . with an example of an appropriation of churches and tithes there , by robert de brus. and something of tithes in ireland . cap. viii . the laws of england made in the saxon mycel synodes or ƿitenagemotes in parliaments , and in the coūcels here held either national or prouincial , or by the pope , for the due payment or discharge of tithes in this kingdome . petitions or bils in parliament touching them , are inserted , all in their course of time . cap. ix . i. of parishes in the primitiue church of the britons . ii. parishes in the primitiue church of the english saxons . first limited only in regard of the ministers function , not of parochiall profits . all the profits of euery whole diocese , first , made a common treasure to bee disposed of by the bishop and his clergie , of the same diocese . residence of the bishop and clergie in those times . the great regard then had to euery clergie man. iii. of diuision of our parishes . whether honorius archbishop of canterburie first deuided them . parochia or paroecia diuersly taken . iv. lay-foundations of parish churches ; from whence chiefly came parochiall limits in regard of the profits receiud to the singular vse of the incumbents . limitation of tithes by king edgar to the mother parish church or monasterie . monasteries preferd before other churches for buriall . mortuaries . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a third part of tithes ( according to king edgars law ) must be giuen to a new built church that had right of sepulture by the founder . sepultura and baptisterium . capella parochialis . a parish commanded to be made ( out of another that was too large ) by the pope . one parish ioynd to another by the king. cap. x. i. the practice of tithing . of king cedwalla's tithing , being no christian. the custom of the german-saxons , in sacrificing their tenth captiue to neptune . decima vsed for a lesse part also in ancient moniments . ii. the practice of tithing in the christian times of our ancestors . the tale of augustin and the lord of cometon touching non payment of them . the tithe of euery dying bishops substance to be giuen to the poor , by an old prouinciall synod . tithes how mentiond in domesday . testimonies of payment of them . henrie the thirds grant of the payment of tithe of hay and mills out of all his demesnes . the beginning of parochiall payment of tithes in common and established practice in england . how that common assertion ; that euery man might haue disposed his tithes at his pleasure , before the councell of lateran , is true and to be vnderstood . cap. xi . i. arbitrarie consecrations of tithes ( before about the time of the most known councell of lateran ) by conueiance from the owner of all or part to any church or monasterie at his pleasure , in examples selected out of moniments of infallible credit . ii. a writ in the register intelligible only from those arbitrarie consecrations . a like example to it out of the booke of osney . iii. the libertie of the baronage anciently challenged to build churches in their territories . parochiall right to tithes setled in practice . iv. of tithes of encrease in lands not limited to any parish . how by the common law they are to be disposed of . cap. xii . i. appropriations and collations of tithes with churches . the corporations to which the appropriations were made , presented , for the most part , vicars . thence the most of perpetuall vicarages . ii. how churches and tithes by appropriation were anciently conueyed from lay-patrons . the vse of inuestitures , practiced by lay-patrons . iii. grants of rents or annuities by patrons only , out of their churches . of the bishops assent . more of inuestitures . a writ to the archdeacon anciently sometime sent vpon recouerie of a presentment . iv. of hereditarie succession in churches . v. laps vpon default of presentation grounded vpon the generall councell of lateran , held in . hen. . what praesentare ad ecclesiam is originally . donatio ecclesiae . cap. xiii . i. infeodations here into lay hands since the statuts of dissolutions . of infeodations before that time in england . somewhat more of the originall of lay mens practice in arbitrarie consecrations or infeodations . ii. exemptions or discharges of payment originally by priuiledges , prescriptions , vnitie , grants or compositions , and by the statuts of dissolutions . cap. xiv . i. the iurisdiction of ecclesiastique causes , in the saxon times , exercised by the shrife and the bishop in the countie court. and among them that of tithes also was then to haue been there determind . the bishops consistorie seuered from the countie court by william the first . ii. after the normans , originall suits for tithes , were aswell in the temporall courts as in the spirituall . and that continued till henrie the second or about king iohn . iii. of the time since about king iohn or henrie the second . of the indicauit and the writ of right of aduowson of tithes . what the law was in an indicauit before that statut of westm. . a touch of ancient prohibitions , de non decimando . iv. writs of scire facias for tithes . enquests taken vpon commission to enquire of the right of tithes . v. fines leuied of tithes ( in the time of richard the first , of king iohn , and henrie the third ) vpon writs of right of aduowson . vi. scire facias by the patentees against the pernor of tithes granted by the king. vii . command of payment by the kings writ . and of tithes in forests . triall of the right of tithes incident in some issues . the historie of tithes . cap. i. of tithes before the law. i. melkizedek had tithes only of the spoiles of warre giuen him by abraham . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denotes spoiles of warre , and perhaps also profits taken from the ground , or ruta caesa . ii. iacobs vow and payment of tithes . both abraham and iacob were priests when they paid tithes . in whom the priest-hood was before the law. iii. whether any certaine quantitie were obserued in the offerings of cain and abel . iv. a cabalistique operation in numbers by which tithes and the first fruits , offered by abel , might haue a mysticall identitie . such operations were amongst old christians also , but meerly vaine . i. abraham , in his return from redeeming his nephew lot with his substance , and all the substance of sodom and gomorrah , was blessed by melkizedek king of salem and priest of the most high god ; and gaue him tithe of all . so is the holy writ . but what that all was , is not cleerly agreed vpon . it is taken to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 miccol aghsher lo , that is , of all that he had , as the ordinarie glosse of salomon ●archi there interprets . and expresly so are the syriaque and arabique translations of the new * testament , where this is spoken of . but it is hard to conceiue it of any other all that he had , than all the substance , or all the spoiles that he had by that expedition . the holy context so points it out . so did the old iews vnderstand it . otherwise neuer had so great and worthy an autor , a flauius iosephus a iew , confidently writen the tithe there giuen to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the tithe of what was gotten by the warre . he knew a receiued opinion in his nation , to be so , or else had not been so forward to deliuer it . the same is confirmed by the targum , attributed to ionathan ben-vziel . there , of all , is interpreted by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 miccal mah datheib , that is , of all that he brought back . and , to free it from doubt , the holy aut●● of the epistle to the ebrews , first vsing the text of genesis in those words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the tithe of all , after a few words interposed , explains it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the tithe of the spoiles ; as if he had said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the tithe of all the spoiles . in that place , the syriaque hath tithe b and first fruits , and the arabique , tithe c and almes . indeed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth also first fruits , or the chiefest parts , sacred to the gods among the gentiles ; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hath , in that sense , been turnd there , by de praecipuis , in the vulgar . but those eastern translations suppose , it seemes , as if the greek should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . but we must not take the old text to haue been so different from what we now read . and for that , de praecipuis , in the vulgar ; can it be thought that he gaue tithe of the best parts only ? how stands that with giuing tithe of . al ? it must therefore be interpreted of the spoiles . so st. chrysostome d vnderstands the text. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saies he , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the spoiles are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whereof , as he notes also , abraham made melkizedek a partaker , by so giuing him the first fruits of his martiall performance . accordingly doth sulpitius e seuerus , in his storie of abraham , call his tenth decimam praedae , which is also expresly iustified by s. hierome , often stiling it decimas spoliorum , praedae & victoriae ; who well withall confesses , that , were it not for the holy exposition in that epistle to the ebrews , the relation in genesis might aswell be vnderstood , that , on the other side , melkizedek , as a bounteous ancestor , had giuen to abraham the tenth part of his estate ; the text indeed being both in the ebrew and septuagints so , that , no name immediatly preceding the mention of the gift , it sufficiently thence appears not , who was the giuer . vtrunque ( saies f s. hierome ) intelligi potest & iuxta ebraicum , & iuxta septuaginta interpretes , quòd & ipse acceperit decimas spoliorum , & abrahae dederit decimas substantiae suae ; quanquam apostolus in epistola sua ad ebraeos apertissimè definiat , non abraham suscepiste à melchisedek decimas diuitiarum eius , sed de spolijs hostium partem accepisse pontificem . neither is this interpretation of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dissonant from ancient vse among the greeks . indeed it elsewhere rarely occurres in this sense ; but cleerly in that old prouerb , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to put an armor , taken from a pygmie , on a colossus his back , it denotes nothing else but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , g or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , spoiles taken from dead or liuing , according whereto both hesychius and suidas haue expounded it . from which sense , i ghesse , it hath also been brought to signifie those kind of profits , taken ( as spoiles ) from the land , which the ciuilians call ruta caesa , that is , h trees cut down , coles , sand , or chalk digged vp , or the like , which we stile things seuered from the free-hold , and turnd into chattels , according as the greek lawyers i named them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , things that were taken from the ground , or free-hold . for so it agrees with our phrase . that , which first bred me this coniecture , was a corrupted place in an old i glossarie , where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is interpreted by ruticilia . what can ruticilia there signifie ? i conceiud it to be depraud for ruta caesa , which is often read as one word . and no man can denie but that ruta caesa may easily be stiled spolia or exuuiae villae , and by an easie metaphore be expressed in a word that signifies spoiles of warre . many corruptions much further off from the true originals , are obuious in the same glossarie . ii. the next passage of tithes is in iacobs vow . this stone , saith l he , which i haue set vp as a pillar , shall be gods house . and all that thou shalt giue me , i will tithe and giue the tenth to thee . which ( iosephus saies ) vpon his return , being after xx. yeers , he m performed , offering the tithe of all his substance , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the tithe of all he had gotten . into whose hands he gaue his tithes , appears not ▪ but the chiefest priest of that time was his father isaac . for before aaron , the iews say , the priesthood was wholly annext to the first born of families . which n agrees well with the sanctifying of the first born , commanded in aegypt . hence it comes that melkizedek is commonly reputed to be sem , the eldest sonne of noah ( for so in this declaration he may be cleerly admitted ; although no small controuersie be whether he or iapheth were the eldest ) and noah , abraham , and iob and the like are accounted , o by this right , priests of that time . and as abraham , being in a right line x. degrees from sem , gaue tithes to him being the eldest ancestor of the house , or first-born , and so a priest in salem ; so it may be thought , that iacob paid his vow into the hands of isaac the chief of the family then liuing as a first-born , and a priest also . but remember withall , that iacob , although the yonger sonne , is reputed also to haue had this priesthood by the sale made to him of his elder brother esau's birth-right , to which a pristhood was incident . so was the ancient opinion of the iews , as saint hierome p relates it . simul & hoc tradunt , sayes he , quod vsque ad sacerdotium aaron omnes primo geniti , ex stirpe noe , fuerint sacerdotes & deo victimas immolârint , & hac esse primogenita quae esau fratri suo vendiderit iacob . and expresse mention is of his exercising this holy function in q sacrifices , during his fathers life . for , hauing gotten the right of primogeniture , and being long seuered from his fathers house , and hauing a distinct family and posteritie in his own power , notwithstanding his father were then liuing , yet had he that kind of priesthood in him . for if this holy right came not to any till he had been the eldest of the family as well as the first born , how could abraham be accounted for a priest ? as expresly origen and others reckon him ; which the forme of his offring his sonne isaac also iustifies . he was neuer both first-born and eldest of his family . for sem liued after him about xl. yeers , and kept that title from him ; but a first-born he was , and deuided also from his fathers houshold at the time of his tithes giuen him . whence obserue by the way that both abraham and iacob , according to this right of that time , must be priests also , when they paid these tithes . no other expresse mention is of tithes before moses his time ; vnlesse , with th iews , you dream , that the leuiticall law was writen before the creation . iii. let the ancients seeme to haue obserued a respect had to the quantity of what was , as a part of the yeerly increase , consecrated in those times to the lord ; and that euen in the first memorie of sacrifice . cain's offring was not regarded , they a say , because , quod offerebat non rectè diuidebat , hee did not well deuide what he offerd : which seemes to designe out a defect in the quantity ; as if specially some quota pars were at that time required . but this reason was from no other cause then the mistranslation of the text in the story of cain . for , where the b original is thus , why is thy countenance cast downe ? if thou doe well , is there not remission ? if thou doe ill , sinne lyeth at the door ; they read it farre otherwise , and thus ; quoniam , nonne , si rectè quidem offeras ; non recte autem diuidas , peccasti ? ●quiesce : which is all one with the septuagints text , that in the primitiue times was chiefly in vse , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , say they there , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . if thou offer well , but deuidest not well , hast thou not sinned ? bee quiet . and this passage of well deuiding , did iulian , that witty apostata , take , for a speciall question to oppose a bishop in his time . but most agreeable to that translation , and not dissonant from the originall , is , that hee gaue with a grudging minde , and c not of the best and first of his fruit , as hee ought to haue done , and as the heathen euer did , or by their pontisiciall lawes ought to haue done in their praemessum , that is , the first fruits of their corne , or their calpar or vinum inferium , which was the richest of their wine . and it is expresly said , that abel brought of his first fruits , but cain only of his fruit of the ground ; the one giuing the lord a portion of the best , the other not regarding of what time , what worth it were , so it were of his fruit . so , here is not any quota pars , or certain quantitie noted , but d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or the mind only of him that offered , and the qualitie of the oblation . iv. yet to , if some cabalistique and doting curiosities were of value , there might be some identitie , or at lest some affinitie between the first fruits of abel , and the tenth part . the first fruits are in the text called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 becoroth , the tithe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 maighsher . now the iews make great and hidden correspondencies twixt things denoted by any two words , whose seuerall numbers made out of their letters , are equall ; their letters , as the greeke , being all numerall . and two kinds of this arithmetique they haue : the one in greater numbers , which is frequent with them ; the other in lesse . their practice e in the second kind is thus : out of euery centenarie and decad of the letters of a word they take a vnitie , and adde these to the rest , that is , the lesse numbers ; by which operation , if two words agree in summe , they thinke forsooth some great mysterie , of mutuall relation , twixt the things signified , is discouered . those two of the first fruits , and tithes , by this way , are equal . for example . dispose the letters and their numbers thus . in the first , out of . . and . take . . and . that is a vnitie out of euery centenarie and decad ; and the summe is . which , added to the lesse numbers , make . likewise in the second , out of . . . and . take . . . and . ( there being no lesse numbers ) and you haue the same summe as in the other , that is . but take this only as a tast of such impious libertie as these kind of vanities giue ( mongst the iews ) to make any thing haue mysticall reference to euery thing . yet neither were christians without the very like in the primitiue times . witnes the marcosian and colabarsian heresies in their α. and ω. made the same with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and diuers other like by agreement in number . they indeed went so farre in this ridiculous kind , that they determined f totam plenitudinem & perfectionem veritatis in istis literis ( numeralibus ) esse dispositam . witnes the basdidians god , abraxas . nay some fathers of those times so much regarded this arithmeticall way of search , that in this very storie of abrahams successe with his companie of . and of his recouering the goods , the women , and people , they deliuer that the mysterie g of our lord crucified , was denoted . that number . is in greek thus , τιη. for they reckond out of greek , as the iews out of ebrew . in the . figured by τ. they supposd the crosse foretold ; as otherwise it is vsually obserud vpon that of ezechiel , cap. ix . . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . they took for the two first letters of our sauiours name ιη or iesus . wherupon prudentius h relating the victorie , saies , we should be very rich , as abraham in his spoiles , si quid trecenti , bis nouenis additis , possint , figurâ nouerimus mysticâ . where , for bis , some copies , without sense , haue his . but who sees not the vanitie of such mysteries ? although too , the vnlimited libertie of our times , in so confidently daring to tell vs the mysterie of the number of the i beast , would make a man giue the more regard to these collections out of numbers . euery great clerk , that deales with it , hath , for the most part , his seuerall word to make vp . some for vs ; some against vs. and no doubt is ( that one old one may be added ) but he , which , long before luther , made sir iohn old-castles name to fulfill that prophesie , thought he had been as neer truth as the best of them . out of iohn old-castel in numerals k he makes . and thence subtracts the yeer of his age , wherin he so charitably and stoutly tooke part with lollards , and was condemned for heresie , that is , . and the rest being . notes him out ( saies he ) with the character of the beast . risum teneatis ? this in most miserable verse he expresses . nor hath this dream of his , place here otherwise than as an old patterne of trifling boldnes , vsed in the later arithmetique of many on that passage in s. iohn : in whom are l tot sacramenta , quot verba ; and of whom the answer giuen by that great doctor , caluin , was as iudicious as modest . he , being demanded his opinion , what he thought of the reuelation , m answerd ingenuously , he knew not at all what so obscure a writer meant . he might best haue spoken it on this particular of the number ; to which , found by arbitrarie collection , who euer giues much credit , might vnhappily perchance be induced to beleeue some mutuall respect twixt abels offering , and abrahams tithes . how , among the iews , tithes were paid or thought due . cap. ii. i. first fruits , and heaue offering ( that is , sixtieth parts at least ) first were paid out of the fruits of the earth . ii. the first tithe was paid to the leuites ( who out of that paid a tithe to the priests ) and then the second tithe . iii. the error of them that make a third tithe . the second tithe of euery third yeere spent on the poore . what they take the yeer of tithing to signifie in deuteronomie . iv. aboue a sixt part was yeerly paid by the. husbandman : but no tithe by him to the priests . v. how their cattell were tithed . vi. a discontinuance of payment among them . honester ouer-seers chosen for the true payment . demai , that is , things doubtfull , whether tithes were paid of them or no. passages in epiphanius and s. chrysostome , of their tithing . vii . their tithing of euery herb . what their canonists hold titheable . viii . their law of tithing ( after the destruction of their second temple ) ceased , by the doctrine of their canonists . which teaches also that they are not to pay elsewhere then in the land of israel , and some adiacent countries . presbyteratus iudaeorum totius angliae anciently granted by the english kings . i. the yeerly increase being either fruits of the ground or cattell ; in the law , of fruits of the ground , first , the first of the forwardest n were offered to the priest in eares of wheat and barley , figs , grapes , oliues , pomegranats and dates . and , of these seuen only , the first fruits o were paid in what quantitie the owner would . next , the therumah or heaue offering , or first fruits of corne , wine ▪ oile , fleece , and the like , were also giuen to the priests . but it being not determined by moses of what quantitie this heaue offering should be ; the iews anciently assest it to be enough at the fiftieth part ; but so , that no necessitie was that euery one should pay so much . he that paid a sixtieth part was discharged ; and many of the better deuotion offerd a fortieth . the fiftieth part they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , an indifferent or competent therumah , or heaue offering , which they namd also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the great heaue offering . the fortieth they stile 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , a therumah of a faire eye , or liberally giuen ; & the sixtieth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ that is , a therumah of an ill eye , or an niggards gift . but you may obserue too , that this , which they called a niggards gift , was not beneath the quantitie of the therumah appointed in ezekiel , where the words are ; this is the therumah that yee shall offer ; the sixt part of an ephah of an homer of wheat , and yee shall giue the sixt part of an ephah of an homer of barly . it is the same as if he had said , yee shall offer a therumah of the sixtieth part of euery homer . for an ephah ( being the same measure with a bath ; that is , neer our common bushell ) was the tenth part of an homer ; therefore the sixt part of an ephah , the sixtieth of an homer . after the therumahs offerd to the priests ( euery kind being giuen in season ) out of the rest were taken the tithes . which are best diuided into the first and second tithe . ii. the first tithe was t paid , out of the remainder , to the leuites at ierusalem by that name it is euery where u titled . and , out of this tenth receiued by the leuites , another tenth they x paid to the priests ; as a heaue offering out of their tenth , which they called also the tithe of the tithe . for the priests receiued no tithes of the husbandmen : only the leuites receiued tenths from them , and paid their tenth to the priests ; being ( as y s. hierome sayes ) tanto illis minores , quanto ipsi maiores populo . so clergie men , by that example , haue paid tithes to the pope ; and so by a z late law they doe in this kingdome to the crown . neither might the leuits spend , to their owne vse , any part of theirs , till this tenth of the tenth were paid . afterwards it might be imploied for their maintenance generally wheresoeuer . this first tenth paid ; the nine parts remaining , were a accounted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , prophane , or for common vse ; yet not to be spent by the possessor , till he had taken out of those nine b another tithe , which he was , the first two yeer , to carie to ierusalem in kind , or if the way were too farre , to turne it into money ( adding a fift c part of the value : for to this tithe do the iews apply that of leuit. xxvii . , and . ) and spend it there at the temple in feasts , which were neer like to the old christians agapae or loue-dayes . and euery third yeer the same he was to spend vpon the poore and leuits within his owne gates . after those tenths thus disposed of , the remnant of that yeers increase they calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , as if you should say , euery way prepared or fit for common vse , or absolutely lay chattels ; the first nine parts being so only respectiuely . this other tithe they stiled their second tithe , or tithe for feasts , that is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . iii. some make a third tithe ; as e tobit ; expresly vsing the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a third tithe . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( sayes he ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and the third tithe i haue giuen to whom it was meet . but he means only the tithe of the third yeer , that is , the tithe which euery third yeer ( after the first tithe paid ) was to be laid vp by the husbandman in his owne gates for the leuite that is within his gates , the stranger , the fatherlesse , and the widdow . which f iosephus also names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a third tithe to be bestowed euery third yeer . and this the rabbins call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the poore mans tithe . and it is also titled a third ; but falls better vnder the second of our diuision , and need not to made a third , nor is it . nor , by the great g scaligers leaue , can it be accounted the first , nor doth it at all answer to that . for the first tithe was paid euery yeere , sauing the sabbaticall . otherwise , whence should the leuits and priests haue their liuelode of that yeer ? and so expresly affirme the great h doctors of the iews ; and that according to their talmud or canon law ; that the first yeer first they paid the first tithe , then the second , so in the second yeer ; and that , in the rhird yeer , after the first tithe paid , they paid the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the poor mans tithe . and that yeer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the second ceased , or was not paid . i ben-maimons words are , that in the third and sixt yeers the poore mans tithe was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , in stead of the second tithe . neither can that in tobit , touching the payment of the second tithe euerie yeer ( wherein both the greek and ebrew of him agree , although in other things they much differ ) be otherwise well vnderstood , then for euery of the two yeers , vnlesse that text be wholly contrarie to the known practice of the iews canons . so then euerie third yeer the leuits at the temple mist their second tithe for their feasts and loue-dayes ; the same being charitably , and by diuine ordinance , spent at home in the gates of the husbandman . neither doth the second and this poore mans tithe differ in substance , but only in circumstance . the diuision of both , is exactly the same , and the persons appointed for the eating , are vpon the matter so to . for as the leuits , ministring in their course at the temple , were to haue part in the feasts made of the second , so were the leuits and the poore in the countrey entertained with this of the third yeere . the place , where the bestowing was , makes their difference ; substantially they are the same , and fitly goe vnder one name . which is fully to me confirmed by the septuagints translation of that place in deuteronomy , which we k read according to the ebrew thus : when thou hast made an end of tithing , all the tithe of thine encrease in the third yeer ( which is the yeer of tithing ) thou shalt giue to the leuits , strangers , fatherlesse , and the widow , that they may eat within thy gates , and be filled . they there translate it . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and that is , when thou hast ended the tithing of all the fruits of thy ground , in the third yeer ; the second tithe thou shalt giue to the leuit and the stranger &c. as in the common text . where plainly , you see , the poore mans tithe is expresly called the second tithe , which iustifies our diuision . doubtlesse , they there in stead of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shenath hamaigsher , that is ; the yeer of tithing ( as the text is ) found in their ebrew copies , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shenith hamaigsher , which they took for the second tithe , knowing that in truth that place meant no other . diuers passages in their translations are vpon such differences ; and they oftentimes giue thence a kind of commentarie as well as a translation . neither is it ill context , that shenith of the foeminin gender should be ioind to maigsher of the masculin . it is not without frequent example in holy writ . that their word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( not very vsuall for tithe ) was most proper , and hath no worse originall then l athens it self , where by that name , the tenth of mulcts and goods confiscat , was sacred to minerua . but this place of the yeer of tithing , is interpreted by the common glosse m of the iewes by the yeer of one tithe , as if the text had been 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the yeer of one tithe , or of paying only one tithe . which in substance exactly agrees also with the meaning of the septuagint . for in the third yeere , sayes iarchi , there was only one tithe paid of the two commonly spoken of , that is , of the first and second . the first was only paid to the leuits . the second , by that name , was not : but the poore mans tithe in stead of it : and he so expounds it , that hee takes the mention of the leuits there to designe out the first tithe of that third yeer paid at ierusalem , which plainly also confirmes what is here before declared . the second then , and the tithe of the third yeer are rhe same in substance . the payment of all appeares in this example . iv. after the first fruits paid in eares , admit the increase . ephahs ; the heaue offering at least must be . the remainder . the first tithe , . and out of this . to the priests . the remainder . out of this , the second tithe , . which euery two yeeres the leuits had at ierusalem , and euerie third yeere was spent in the gates of the husbandmen . the rest being . was kept for the husbandman . so that of . ephahs , the leuits and poore had in all . whole to themselues , the priests . and the husbandman only . hee yeerely thus paid more then a sixt part of his increase , beside first-fruits ; almost a fift . many of no small name , grosly slip in reckoning and diuiding these kinds of their tithes . but this here deliuered , is from the holy text and the iewish lawiers . v. of their cattell ; the first borne were n the lords . paid to the priest of clean beasts in kind ; of vnclean in money , with a fift part added . of the increase of them , one tithe only was paid , and that to the leuits . euery tithe of bullock and of sheep of all that goeth vnder the rod , the tenth shall be holy to the lord , sayes holy o writ . thence at the tithing they vsed to shut the lambs ( for example ) in a sheep-cote , where the straitnesse of the door might permit but one at once to come out . then , opening the door , either gently to hunt them out , or by placing the ewes bleating neere them without , so to cause them run forth one by one , while a seruant standing at the door with a rod coloured with oker , solemnly told to the tenth ; which with his rod he markt . so they p vnderstand going vnder the rod. that so markt , what euer it were , male or female , worst or best , was the tithe , and might not be changed . vi. how the payment of these tenths was either obserued or discontinued , partly appeares in holy q writ , partly in their institution of more trustie ouer-seers ( whom they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) for the true payment of them . for after the new dedication of the temple by iudas machabaeus , vntill his fourth successor r ioannes hyrcanus ( being neer thirtie yeers ) all duly paid their first fruits and therumahs , but the first or second tithe few or none iustly ; and that through the corruption of those ouer-seers ▪ whereupon their great sanedrim , or court of seuentie elders ( that is , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the greatest court , that determined also , as a parliament , of matters of state ) enacted , that the ouer-seers should be chosen of honester men ; and withall , that of such things , whereof , by such corruption , or otherwise , it was indifferently doubtfull , whether tithe were iustly paid or no ( of which kind , almost all increase , at the time of this act made , was ) a heaue offering or therumah of the tenth of all , that is , a hundreth part , should be giuen to the priests , and then the second tithe at the temple should be paid . but no first tithe or poore mans tithe was paid of any such things . these kind of goods they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 demai , whereof a speciall massecheth or treatise is in the talmud , in the seder zeraim from that act of the sanedrim , to the last destruction of the temple , it seems , the iust payment of tithes continued ; and thereof testimonie is ( for the time neere the destruction ) in s holy writ . but in tithing and offering therumahs , the pharisees were most curious and deuout . they gaue perhaps tithe after both the legall tithes paid , beside fiftieth parts , and somtime thirtiths for their therumahs . so may be vnderstood that of them , t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which you may interpret , they tithed what was alreadie tithed , they gaue first fruits , thirtith parts and fiftith parts . but i dare not iustifie the translation . neither doe i beleeue , that epiphanius there sufficiently vnderstood what they did in their tithing , nor is his meaning easily , i doubt , apprehended . the like may be , with modesty enough to , said of s. u chrysostome , speaking of the iewish legall liberalitie to the leuits . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , sayes hee , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . obserue but how much the iews gaue ( to their leuits and priests ) as tenths , first fruits , then tenths again , then other tenths , and again other thirteenths , and the x sicle , and yet no man said they eat ( or had ) too much . so are his words in two places of his works exactly the same ; sauing only that in one the varietie of reading hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for thirteenths . i confesse i equally am ignorant of both . neither is his enumeration consonant with what the moniments of the iews or the holy text will warrant . coniectures vpon it , i leaue to others . some probable enough might here be brought , but i willingly abstaine . vii . that tithing of y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , euery herbe , which is spoken of in the gospell , ( and obserued by the scribes and pharisees ) was neuer commanded in scripture , nor by their canon law requisit , according to the opinion of their doctors , who restraine the payment of tithes to that z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , thy increase , spoken of by moses ; and comprehend not herbs vnder that name . they deliuer indeed that by tradition from their fathers , all things growing out of the earth , and fit for mans meat , are titheable , which their a lawyers thus regularly expresse , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ that is , euery thing that is kept as mans meat , and hath his growth from the earth , must pay the heaue offering , and likewise tithe ; whence they make such herbes as are mans meat , titheable , but all such as are not mans meat , they discharge of tithes . and out of that rule also they except whatsoeuer was gleaned b either out of eares of corne , or grapes , or had out of the corners of the field left in haruest . but , it seems , that for this payment of herbs , the pharisees were of the truer side . our sauiour likes well their payment , and expresly saies , they ought not omit it , which admonition of his was to them while yet the mosaicall laws were not all expired by the consummatum est . viii . after the second temple destroied , and dispersion of the iews , their law of first fruits , therumahs and tithes , with them ceased . for their doctors determin that regularly no inhabitants , but of the land of israel , were to pay any ; although also among them be a wise exception for the lands of senaar , moab , ammon , and aegypt , because the first is neer their land of israel , and many israelites went thither and dwelt there , and the other three are round adioyning their land of israel . but they deliuer that who so of them took the profits of land mongst the cutheans or samaritans , their old enemies ( or elswhere in aram ; and so , it seems , by consequent in any other land , sauing which they except ) was not to pay any . touching which point many speciall cases are put by c rabbi ben maimon . at this day by their law they pay none ; those that liue in their land of israel , for want of their priesthood and temple ; those that liue dispersed in other countries , both for that reason , as also for the other which restrain the payment of them to canaan . and herein they all agree . but the great ioseph scaliger saies , he askt some of them whether , if they might again build their temple ( as after the captiuitie they did ) their laws of sacrifices , first fruits , & tithes , would be then reuiud ; and their answer was , that to build it again were to no purpose , because they had no lawfull priesthood , there being not one of them that can proue himselfe a leuit , though many pretend to be so , and some bear also the office of a kind of priesthood amongst them . and ( for example herein amongst our own ancestors ) when the iews liued here they had , it seems , one generall or high priest ouer them , vsually confirmd at least , if not constituted , by the king , for life ; as appears by record , prouing that both richard the first and king iohn did by their patents grant the same . the copie of it being a most rare example and not from this purpose , take here transcribed . rex omnibus fidelibus suis , & omnibus & iudaeis , & anglis salutem ▪ sciatis nos concessisse , & praesenti charta nostra confirmasse iacobo iudaeo de londonijs presbytero iudaeorum , presbyteratum omnium iudaeorum totius angliae , habendum & tenendum quamdiu vixerit , liberè , & quietè , & honorificè , & integrè , ita quod nemo ei super hoc molestiam aliquam , aut grauamen inferre praesumat . quare volumus & firmiter praecipimus quod eidem iacobo quoad vixerit presbyteratum iudaeorum per totam angliam , garantetis , manuteneatis & pacifice defendatis ; & si quis ei super eo forisfacere praesumserit , id ei sine dilatione ( saluâ nobis emendâ nostrâ ) de forisfactura nostra emendari faciatis , tanquam dominico iudaeo nostro quem specialiter in seruitio nostro r●tinuimus . prohibemus etiam ne de aliquo ad se pertinente ponatur in placitum , nisi coram nobis aut coram capitali iustitia nostra , sicut carta regis richardi fratris nostri testatur . teste s. bathoniensi episcopo &c. dat. per manus h. cantuariensis archiepiscopi cancellarij nostri apud rothomagum xxxi . die iulij anno regni nostri primo . it s true that presbyteratus might denote aswell some lay eldership . but as vnlikely 't is that in that age the clergie men that were officers of the chancerie , and most commonly drew the patents , at least iudged of the language , would transferre their name of presbyteratus to any such signification ; so also i suppose that any such lay or ciuill officer among them could not haue scaped often mention in the records of iudaisme , yet remaynig . many of them i haue perused , but neuer met with the name elsewhere then in this roll. but to this priest iacob or other like him among them , no tithes , first fruits or therumahs , were , or are by their canons payable . and agreeing to them expresly herein is d eusebius , who , amongst other of their mosaicall laws , puts their paying of tithes for one specially that was confined to the land of israel and ierusalem . for , first reciting that about eating the tithes in the place , e which the lord shall chuse to cause his name to dwell there , ( which indeed is only spoken of the second tithe of the first and second yeers ) and ioyning it with the generall commandement of tithing , and with the precepts of the passeouer , of the feast of weeks , and of tabernacles . in which a certain place by such an indefinit designment is also mentioned ; he addes at length with reference to them all ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; seeing in so many things he designes out a particular place , so often commanding them to meet there ( euery tribe , euery houshold ) how can it fit them or belong to them , that dwell but a little out of iudaea ? much lesse to the nations of the whole world . but those feasts he speaks of , the iews , at this day , obserue , although not accuratly according to moses his lawes . tithes how paid , or due among the gentiles . cap. iii. i. some romans paid to some deities , and somtimes only , a tenth of spoiles ; of procede of merchandize ; of their estates ; but vsually also by vow , which bound the heire or executor . ii. festus is falsly cited for a generall custom of payment of tithes among the ancients . iii. examples of tithes paid among the graecians . iv. how the assertions of a generall vse of giuing tithe to the gods among the graecians , are to be vnderstood ; and why 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , to tithe , signifies also to consecrate . v. a tithe paid to hercules of tyre , and sabis an arabian deitie , the same with iupiter sabazius . i. the custom of the gentiles , vsually talkt of in offering a tenth , is chiefly to be considerd in the romans and graecians . the romans had a kind of deuotion of giuing tithes , but neither yeerly , nor by compulsorie law , as some falsly , but confidently , through ignorance in human literature , deliuer the welthier of them , diuers times vsed to tithe their estates to hercules , by spending the tenth in sacrifices , gifts to his temples , feasts in his honor , and the like . it appears so , and to be no otherwise , by f plutarchs words , in his questioning the reason of it . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saies he , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; why do many of the rich men tithe their substance to hercules ? and elswhere g he ( as other ancients ) notes it as a speciall deuotion of some of the sonnes of fortune . neither is old h cassius otherwise to be vnderstood , where he deriues hercules his tenth from an innouation made by recaranus in euanders time . this recaranus , he saies , first taught them to giue the tenths of their fruits to hercules ( to whom he consecrated an altar vnder the name of inventori patri , after he had regaind his heards that cacus had stolne ) rather then to the king as before the vse was ; and then he addes , inde videlicet tractum vt herculi decimam profanari mos esset ; that is , thence came it to be a custom , that diuers did pay him a tithe . but , neither by their law ciuill or pontificiall , was this payment . often it was as a thanksgiuing after some increase of fortune , and often by vow beforehand , and for the most part , of increase of estate by mony gotten vpon sales , and of spoiles of warre . for such things that made accessions to their estates , they were sometime so thankfull . whereat cicero iesting , saies , that neuer any man vowd hercules a tenth , in hope of increase of his wit. neque i hercul● quisquam decimam vouit vnquam si sapiens factus fuisset . of mony gotten vpon sale , an example is in the parasite , that , after reckoning vp his good merchandize , saies , he must sell it as deare as he can , that he may spend the tenth vpon hercules . k haec vaenisse iam opus est quantum potest , vti decumam partem herculi polluceam . whence the same autor vses the name of l pars herculana . and m tertullian , speaking of the prodigalitie of the gentils in their feasts ; herculanarum decimarum & polluctorum sumptus tabularij supputabunt . for spoiles of warre , witnesse is in that dedication of lucius n mummius , which got corinth and setled it to the romans , thus inscribed , and yet remayning at riete . o sanco semipatri . de decuma victor tibi luciu ' mummiu donum , moribus anteiqueis hoc pro vsura dare sese , visum animo so . perfecit sa pace rogans te , cogendo , dissoluendo vt foelicia faxis , perficias decumam vt faciat verae rationis . propter hoc , atque alieis donis , des cuncta roganti . their sancus was hercules ; whom they vsually titled semo sancus deus fidius , and the title of this transcribed by some , is , sanco fidio semo patri , which i rather thinke they mistake for s. f. semoni patri . that de decuma donum was some speciall gift made with the cost of the tithe of the spoiles ; and decuma verae rationis is there for the best of discretion and policie , as p edecumata mongst the ancients were the best and choisest parts , and q decumanum the greatest and fairest ; as fluctus decumanus , scuta decumana , decima vnda , and the like . the great value that hercules was by those vows honord with , is vnderstood in that of phaniscus r of tranio . — vnus isthic seruus est sacerrimus tranio ; is vel herculi conterere quaestum possiet . but neither did the romans and their next neighbours thus tithe only to hercules ; but these their arbitrarie vows and thanksgiuings were sometimes also to other deities . the old pelasgi s that transplanted themselues into italie , gaue their tenth of gaine out of sea-merchandize , to apollo at delphi , according to the oracles direction , which at dodona before had told them , that being mixt with the aborigines , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they should send their tithe to phoebus . that example of camillus , is to euery one known . he vowd the tenth t of the spoiles to apollo , and most carefully took order , by aduice from their most learned priests , to performe it . and posthumius dictator u long before vpon his happie victorie against the latins , tithed the spoiles , spent fortie talents vpon sacrifices and prayers , in honor of the gods , and erected a temple , with what remaind , to ceres , bacchus , and proserpina . at other times also , on the generall worship of the gods , such a tithe was spent . and other deities , besides any of these , had somtimes tenths of gaine ; as fortune , mercurie , being the gods of trauellers and tradesmen ; and the deities of the way , or dij semitales ; as vius , and others . so noble scaliger vnderstands that which taurinus speaks of his father caesius a merchant , in an inscription x to fortune . omnibus hic annis , votorum more suorum , centenas adicit , numero crescente , coronas fortunae simulacra colens , & apollinis aras , arcanumque vij — thus in italie the custom was arbitrarily to pay and vow tithes to their deities , and continued in vse til the later times of the empire , as appears also in that law receiud from vlpian by y iustinian . si decimam quis bonorum vouit , decima non prius esse in bonis desinit , quam fuerit separata . & si forte , qui decimam vouit , decesserit ante sepositionem , haeres ipsius , haereditario nomine , decimae obstrictus est . voti enim obligationem ad haeredem transire constat . by this it is manifest that though the vow , or payment without vow , were arbitrarie ; yet , vpon death , after vow made , the heir or executor of him that vowed was bound to pay ; according as also in like vows z of houses , land , or chattels , to the honor of a martyr , prophet , or angell , the law was among old christians . ii. the view of these examples plainly disproues that assertion vsed by many out of festus : decima quaeque veteres dijs suis offerebant . no such matter . some did , and only somtimes , and of some things , and most vsually to some gods only . festus himselfe was too learned to haue left such a moniment of ignorance . no doubt is , but that which festus had there in some larger note obserued , according to a truth agreeing with what is before opend , was too boldly contracted into that piece of vntruth , by his epitomator paulus diaconas . as in him , so in many other , most obseruable things haue perished , both by the ignorance aswell as negligence of insufficient epitomators . and paulus is well taxed for it by the diuine scaliger . vide , saies he , quantum iuris barbarus ille sibi sumpserit in hoc loco mutilando ! indeed , most of that , which we call and receiue as sextus pompeius festus , is paulus his only , abridged out of festus . and those of the midle a ages cited it vnder the name of paulus his glosse . but when scaliger there addes ; vni enim tantum herculi hoc fiebat ; he mends it not enough . for if it had been decima quaeque . herculi veteres offerebant , it had been false , if vnderstood as of tithes vsed to be giuen by all or of all things . they consisted painly in vows and speciall thanksgiuing , which were wholly arbitrarie , as tenths or fifteenths giuen by the subiect in parlament . and had the offering of them been vsuall of yeerly increase , cato , that in his de re rustica hath so fully the ceremonies of sacrifices to be vsed by the husbandman in his haruest , had neuer omitted it . iii. the graecians ( vnder which name , comprehend the asians that were of greek manners ) often consecrated their tithes to apollo . witnesse an inscription at delphi , sacred to him , b hauing this verse , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that we may hang vp tithes and first fruits to the honor of phoebus ▪ and , that famous c rhodopi● sent to delphi as many spits , for vse in sacrifice , as the tithe of that gaine which she had made of her body came to . the crotonians , before their warre against the locrians , vowd a tenth d to him ; and the locrians , to exceed them that way , a ninth . the oracle hauing giuen it out , that rather by excesse in vows then armes ▪ the victorie should be gaind . to the same deitie the inhabi●ants of sip●nus gaue e yeerly the tithe of their mines which they found in the isle ▪ and after a victorie against the thessalians f had by the pho●ians , they made two statues of the tithe of the spoiles for him . of agit and agesilaus the like deuotionis g remembred . other like examples are . hence was apollo called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as if you should say , crownd with tithes . and in regard the offerings to him were either the tenth , or giuen as in liew of so much , they were stiled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as if you should say ▪ first fruit in tenths . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — saies an ancient h to delos , where apollo was born and worshiped ▪ that is yeerly first fruits in tenths are sent thee . so i vnderstand it . but also to others somtimes ioynd with him , the like offerings were . after pausanias his victorie against mardonius , the mony of the i tenth of the spoiles was by consecration diuided , between iupiter olympius , nuptunus isthmicus , and apollo elsewhere k diana of ephesus participars with him . to other deities without him , somtimes was this honor giuen , as to l iupiter : to whom also cypselus m of corinth , when he vowd all the goods of the citizens if he could get the citie , had speciall ●egard to the tenth part , as competent to a deitie ; when to performe his vow , he gaue yeerly , for ten yeer together , the tithe of all their estates , and left them the nine for their maintenance and merchandize . and cr●esus admonisht by cyrus , would not haue the goods of the lydians n ransackt by his souldiers , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , because necessarily they were to be tithed to iupiter . somtimes iuno hath this part ; as in o samos , the tithe of certain merchants goods was consecrated to her in a cup. pallas sometime hath it . diuers of the boeotians and chalcidians being taken prisoners by the athenians and ransomd , the p athenians , with the tithe of the ransome , consecrated a chariot to her . she also had among them the tithe of all goods q confiscat , and that they calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and a tradition was among them of priapus a genius of warre , that at iuno's request taught mars first to dance , and then made him a perfit souldier ; that r iuno gaue him for a perpetuall salarie , all the tithe of the spoiles that mars should gaine in his victories . iv. these examples among the graecians are , for some kind of tithes vowd , or otherwise arbitrarily , or by some locall custom paid to speciall deities . but testimonies are not wanting among them , as generall almost as that of festus is for the romans . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( saith harpoctation , and , out of him , suidas ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they vsed to thithe their spoiles of warre to the gods . and didymus s an old grammarian , tels vs that , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it was a greek custom to consecrat the tithes of their abundance to the gods . from whence both he and suidas fetch the reason why 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to tithe , signifies also to consecrat . but therein they are deceiud . neither doth the greek phrase to tithe , signifie generally to consecrat ; but in this notion it denotes only a speciall consecration of yong athenian maids made to diana in her feast brauronia . none by their law was to t haue a husband , but such as were then initiated to her ; and none was to be initiated but between fiue and ten yeers of age ; from which vtmost yeer ( because for the most part till then , they staid from these rites ) the virgins to be initiated , were calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as if you should say , ten yeerlings ; and thence came u the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to signifie , to this purpose only , to consecrat or initiat , which otherwise was exprest by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . but if those grammarians meant that al men paid their tithes in greece , and that of euery kind of their spoiles or abundance ; they deceiue much and are deceiud . you must vnderstand them as speaking of what was sometimes , and by vow or speciall thanksgiuing , done . their saying it was a custome to tithe , or that they tithed , is but like that of cassius : mos erat herculi decimam profanari among the romans . it was a custome somtime and of somthings to doe it , as it was a custome to consecrat statues , haire , vessels , and other more such like to deities . yet were those customes no more generall or binding all or done by all , then the custome , in some cities among vs , to offer at wedding-dayes . it was a custome or vse to doe so ; that is , many men did so . the examples before taken out of story make that plaine . and in that sense only are these autors to be credited , touching the consecrating of tithes to the gods in generall . for sometimes they were generally giuen to the gods , without any particular designed . suidas x relates an example thereof , among the lydians . and when the athenians had deuided lesbos into . parts , they y consecrated . that is the tenth , generally to the gods . and pisistratus writing to solon touching the tribute of a tenth , sayes , that he tooke tithes of euery one of the people , not so much for his owne vse , as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as for publique sacrifice or the vse of the gods in generall . and the tenth of what the cooks in a athens kild for meat , was so due for a publique vse in honor of the gods , if my autor deceiue not . v. here may bee added to the graecians vse , the example of the b carthaginians , that sent the tithe of their sicilian spoiles to hercules at tyre . and you may remember that arabian law , wherein euery merchant was bound to carry his frankincense to sabota ( which the learned take to bee saubatha in ptolemie ; the chiefe citie of arabia foelix ) and there offer to their god sabis the c tenth of it , which his priests receiued . neither might any sale be made of it till that was paid . sabis doubtlesse was their bacchus , vranus , iupiter , or sabazius ; which are one . for the deities of the arabians were alwaies accounted but d two : the god vranus ( known also by those other names ) and the goddesse vrania or venus . it is neerest truth therefore , that their sabis is the same with sabazius , which was first corrupted from zabaoth , commonly occurring in holy writ as an attribute to the only and true god. and as this name , so the paiment of the tenth very likely came to them from the vse of it among the iews , their neighbours , as also to the carthaginians from their ancestors the phoenicians , that spake the same language with the iews and conuerst most with them . neither is it vnlikely but that the ancient and most known examples of abraham , gaue the first ground , both to them and to the europaeans , so somtimes to dispose the tenth of their spoiles of warre to holy vses . for 't is no newes to haue the eldest of iewish customs vsurpt ( though according to time and place diuersly varied ) amongst the gentiles . what of later time is found among mahumedans for the tenth paid , must be referd to the mosaicall law , which they receiue as authentique , but keep it according to mahumeds fancie , and the doctrine of his canonists . you may remember here e eudemus his relation of some kind of beasts in africa that alwaies deuided their prey into eleuen parts , but would eate only the ten , leauing the eleuenth as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a kind of first fruit or tithe . so saies my autor , and take his word alone ; i am not his suertie . in the first foure hundred yeers after christ. cap. iv. i. no vse of tithes occurres till about the end of this foure hundred yeeres . offerings and monthly pay for maintenance of the church in the primitiue times . diuisiones mensurnae . sportulae . ii. payment of tithes of mines and quarries to christian emperors . the wealth of the church enuied . iii. the opinion of origen touching tithes . iv. constitutions of those times , that mention them , are of no credit . i. since our sauiour , the time being about mdc . yeers , it will fall aptly enough so to diuide that number quadripartitly , that we may discouer the known vse , opinion , and constitutions of euery foure hundred yeers , touching the dutie or paiment of tenths . the difference or latitude of xx. yeers or some such number , either of increase or want ( as accasion shall serue ) being allowd . and the english law and vse ( because therein we shall be most particular ) being referd to the last seuen chapters . till towards the end of the first foure hundred , no paiment of them can be proued to haue been in vse . some opinion is of their being due . and constitutions also ; but such , as are of no credit . for the first ; 't is best declared by shewing the course of the church-maintenance in that time . so liberall , in the beginning gf christianity , was the deuotion of the beleeuers , that their bountie , to the euangelicall priesthood , farre exceeded what the tenth could haue been . for if you looke to the first of the apostles times ; then the vnitie f of heart among them , about ierusalem , was such that all was in common and none wanted , and as many as were possessors of lands or houses , sold them and brought the price of the things that were sold and laid it downe at the apostles feet , and it was distributed vnto euery man according as he had need . and the whole church , both lay and clergie , then liud in common as the monks did afterward about the end of the first foure hundred yeeres , as g s. chrysostome notes . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( saies he ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , so they liue now in monasteries , as then the beleeuers liud . but this kind of hauing all things in common , scarce at all continued . for we see , not long after in the church of antiochia ( where christianitie was first of all , by that name , profest ) euery one of the disciples h had a speciall abilitie or estate of his owne . so in galatia and in corinth , where s ▪ paul ordaind i that weekly offerings for the saints should bee giuen by euery man as hee had thriued in his estate . by example of these , the course of monthly offerings succeeded in the next ages . those monthly offerings giuen by deuout and able christians , the bishops or officers appointed k in the church , receiud ; and carefully and charitably disposed them on christian worship , the maintenance of the clergie , feeding , clothing , and burying their poore brethren , widowes , orphans , persons tyrannically condemnd to the mines , to prison , or banisht by deportation into isles . they were called stipes ( which is a word borrowed from the vse of the heathens in their collections made for their temples and deities ) neyther were they exacted by canon or otherwise , but arbitrarily giuen ; as by testimony of most learned l tertullian , that liued about cc. yeers after christ , is apparant . neque pretio ( are his words ) vlla res dei constat . etiam si quod arcae genus est , non de oneraria summa quasi redemptae religionis congregatur modicam vnus quisque stipem menstruâ die vel cum velit , & si modo velit , & si modo possit , apponit . nam nemo compellitur , sed sponte confert . haec quasi deposita pietatis sunt . and then he shewes the imployment of them in those charitable vses . some authoritie m is , that about this time lands began also to bee giuen to the church . if they were so ; out of the profits of them and this kind of offerings , was made a treasure ; and out of that , which was increased so monthly , was a monthly pay giuen to the priests and ministers of the gospell ( as a salarie for their seruice ) and that eyther by the hand or care of the bishop , or of some elders appointed as oeconomi or wardens . those monthly payes they called mensurnae diuisiones , as you may see in n s. cyprian , who wrote being bishop of carthage , about the yeere ccl . and , speaking familiarly of this vse , calls the brethren that cast in their monthly offerings , fratres sportulantes , vnderstanding the offerings vnder the word sportulae , which at first in rome denoted a kind of running banquets distributed at great mens houses to such as visited for salutation , which being oft-times also giuen in mony ( as you may remember out of mardial ) the word came at length to signifie both those salaries , wages , or fees , which either iudges or ministers of courts of iustice , receiud as due to their places , as also to denote the oblations giuen to make a treasure for the salaries and maintenance of the ministers of the church in this primitiue age. and to this purpose was it also vs'd in later p times . but because that passage of s. cyprian , where he vses this phrase , well shews also the course of the maintenance of the church in his time , take it here transcribed . but first know the drift of his epistle to be a reprehension of geminius faustinus a priest his being troubled with the care of a wardship , whereas such , as take that dignitie vpon them , should ( hee saies ) be free from all secular troubles like the leuits , who were prouided for in tithes . vt qui ( as he p writes ) operationibus diuinis insistebant , in nulla re auocarentur , nec cogitare aut agere secularia cogerentur . and then hee addes , quae nunc ratio & forma in clero tenetur , vt qui in ecclesia domini ad ordinationem ▪ clericalem promouentur nullo modo ab adminstratione diuina auocentur sed in honore sportulantium fratrum , tanquam decimas ex fructibus accipientes , ab altari & sacrificijs non recedant , & die ac nocte coelestibus rebus & spiritalibus seruiant . which plainly agrees with that course of monthly pay , made out of the oblations brought into the treasurie ; which kind of meanes he compares to that of the leuits , as being proportionable . but hence also 't is manifest , that no payment of tithes was in s. cyprians time in vse , although some , too rashly , from this very place would inferre so much . those words tanquam decimas accipientes ( which continues the comparing of ministers of the gospel with the leuits ) plainly exclude them . and elsewhere also the same father finding fault with a coldnes of deuotion that then possest many , in regard of what was in vse in the apostles times , and seeing that the oblations giuen were lesse then vsually before , expresses r their neglect to the church , with , at nunc de patrimonio nec decimas damus . whence , as you may gather , that no vsuall paiment was of them , so withall obserue in his expression , that the liberalitie formerly vsed had been such , that , in respect thereof , tenths were a small part . vnderstand it as if he had said , but now we giue not so much as any part worth speaking of . neither for ought appears in old moniments of credit , till neer the end of this first four hundred yeers , was any paiment to the church of any tenth part , as a tenth , at all in vse . ii. but some laws of this time yet remaine , which shew that tenths out of mines and of quarries were paid , both to the emperor and to the lord of the soile ; as in the ancient state of rome the tenants of the lands of the empire paid for rent the s tenth of their corne , whence the publicans that hired it ( as the customers doe here the kings custome ) were called decumani . those laws for the tenths of mines and quarries , were made by t gratian , valentinian , and theodosius , christian emperors , about ccc.lxxx . and shew withall that they thought not then of any tenth of such things , to be giuen otherwise , when indeed ( howeuer cyprian might before haue cause to complaine in afrique ) christian bountie in oblations ( especially at rome ; and with proportion like enough in other churches ) so inricht the clergie , that their wealthie happinesse thence was much wonderd at , and not a litle , from thence , enuied . for the then bishop of rome his wealth from oblations chiefly , you may see u marcellinus . for other of the clergie , a whole sermon is in x s. chrysostom that liud at the end of this first cccc . yeers , against such as enuied the wealth of the church , that grew only out of such christian deuotion to the priesthood . iii. as touching opinion in that time ; origen a great and most learned father , liuing about the yeer cc. hath a whole homilie y vpon the text of first-fruits in the law , wherin while he teaches that some things are literally to be obserud , he well admonisheth that 't is the part of a wise interpreter to find out which are so , and which not . and then first he deliuers his iudgement , that this of first-fruits is one to be obserud still according to the letter , and giues this reason ; decet enim ( as the latin is : the greek i neither haue , nor could euer learn that it hath been publisht ) & vtile est etiam sacerdotibus euangelij offerri primitias . ita enim & dominus disposuit , vt qui euangelium annuntiant de euangelio viuant , & qui altari deseruiunt de altari participent ; and a litle after addes also for tithes : et adhuc vt amplius haec obseruanda etiam secundùm literam ipsius dei vocibus doceamur , addemus ad haec ; dominus dicit in euangelijs ; vae vobis scribae & pharisaei , hypocritae , qui decimatis mentam , hoc est , decimam datis mentae & cymini & anethi & praeteritis quae maiora sunt legis . hypocritae , haec oportet fieri & illa non omitti . vide ergo diligentius quomodo sermo domini vult fieri quidem omnimode quae maiora sunt legis . non tamen omitti & haec quae secundum literam designantur . quod si dicas , quod haec ad pharisaeos dicebat non ad discipulos ; audi iterum ipsum dicentem ad discipulos : nisi abundauerit iustitia vestra plusquam pharisaeorum & scribarum , non intrabitis in regnum coelorum . quod ergo vult fieri à pharisaeis multo magis & maiore cum abundantia vult à discipulis impleri . and a litle after . quomodo ergo abundat iustitia nostra plusquam scribarum & pharisaeorum , si illi de fructibus terrae suae gustare non audent priusquam primitias sacerdotibus offerant & leuitis decimae separentur ; & ego nihil horum faciens fructibus terrae ita abutar , vt sacerdos nesciat , leuites ignoret , diuinum altare non sentiat . and in this forme , and vpon these reasons , he brings in that of tenths in the gospell , to proue his purpose of first-fruits . but in his conclusion vpon it , he leaues out tenths , and speaks only of first-fruits , thus . haec diximus asserentes mandatum de primitijs frugum vel pecorum debere etiam secundum literam stare . what we haue transcribed shews both his opinion fully , and the ground of it ; without which specially obserued , error soon followes ofttimes in collection from autoritie . for opinion of this time , thus much . more , i confesse , might be added out of some other great fathers , as s. ambrose , and s. augustine . but because they fall so neer the end of our first age and continue into the second ; they are omitted here and referd to the beginning of the next foure hunderd yeers . iv. for constitutions of the church ; if you could beleeue those supposed to be made by the apostles , and to be collected by pope clement the first you might be sure both of payment in the apostles times , as also of an expresse opinion as ancient for the right of tenths . there you read : a quae secundum dei mandatum tribuuntur , decimas dico & primitias , insumat episcopus vt homo dei. and the right is there largely grounded vpon the leuiticall commandement . but no man that willingly and most grosly deceiues not himselfe , can beleeue that this constitution or diuers others there , are of any time neer the age of the apostles , but many hunderd yeers after . the litle worth , and lesse truth , of the whole volume is enough discouerd by diuers of the learned . and it was long since branded for a counterfait in an oecumenicall b councell , when , doubtlesse , it was not yet neither so stufft with canons of later birth , as since it hath been . neither are there greater arguments against it as now it is , then some passages of fact that obuiously occurre in it , among which this may cleerly goe for one . had it been the apostles ordinance or the vse of the church in the primitiue times , origen , tertullian and cyprian ( hauing such occasion to mention it ) could not haue been so silent of it . and is it likely that all the old councels , from thence till neer dc . yeeres after christ ( which , being authentique beyond exception , haue speciall canons for the lands and goods possest by the church , the offerings , reuenues , and such more ) could haue omitted the name of tenths , if either such vse or apostolicall law had preceded ? they talke of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the goods of the church , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or offerings of fruits ; but haue not a word any where of the tenth part . and in those counterfait c canons also which some too credulously ( and those also that wholly reiect the eight books of clementines ) receiued as made by the apostles , one is indeed of first fruits ( although , touching them by that name , certainly no law was made vnder the apostles ) but no word of tenths . of a like credit , it s to be feared , is that which is attributed to a fourth councell of rome , held about the yeer ccc.lxxx . by pope damasus . indeed ( vpon cardinall baronius d his credit ) in the vatican the legend of this pope , which was vs'd to be read in the church , is extant ; and , with some miracles , are mixt in it certain decrees supposed his , and made in he knows not what councell at rome . of which one is ; vt decimae at que primitiae à fidelibus darentur , & qui detrectarent anathemate ferirentur , as he relates it . but those decrees , being taken out of the legend of him , neither euer were receiud as canonicall in the church , nor hath the eldest code of the church of rome , or fulgentius , cresconius , isidore , burchard , iuo , or gratian , mention of any of them . not because what was taken to be truly his , was altogether wanting ; for the canons of one councell of rome vnder him , his epistles , and some decrees are and haue been from ancient time , publique and dispersed in som of those compilers ; and one e especially they haue of his time , which being made only for the disposition of such things as were giuen to the church , speaks only of oblations . but this of tithes or any of the rest ioynd with it touching vsurers , witches , and other more ( which baronius only and first publisht to the world , out of the ms. ) none of them once remember . neither before binius his edition had any volume of the councels receiud into them a memorie of any such decrees vnder this damasus , or any councell of his of that number . those kind of acts and legends of popes and others , are indeed vsually stufft with such falshoods , as being bred in the midle ages among idle monks , not only grow ancient now , but are receiud amongst vs with such reuerence , that the antiquitie which the copies haue gaind out of later time , is mistook for a character of truth in them for the times to which they were first , by fiction or bold interpolation , referd . in summe , no example for the synods of succeeding ages , no antiquitie for the compilers of the canons , had been of equall reuerence to this of a pope , and done at rome . neither had they omitted euery of those decrees , had they been truly his . confidently conclude , they are supposititious . yet remember too that some colour is for the truth of such a constitution , in regard that about that time the first memorie is of tithes by that name paid in the primitiue church ; as in the next part of this diuision shall be declared . and were that f epistle not counterfait , which is attributed to s. hierom , as writen to this pope vpon that question : vtrum vs as decimarum & oblationum secularibus peruenire possit , it might be good cause to maintain the truth of this decree of his for tithes . but plainly that epistle is alike fained ; neither tastes it of him or of any time neer that age ; nor hath it been euer receiud among that most learned fathers works . from about the yeer cccc . ●ill dccc . cap. v. i. tithes were now paid in diuers places , to abbots , to the poore , to the clergie . ii. some consecrations were then made in perpetuall right , at the pleasure of the owner . iii. that storie of charles martell his taking away tithes , and making them feodall , cannot be iustified . iv. the opinions of s. ambrose , s. augustine , s. hierom , and s. chrysostom . the first two teach , the tenth due by gods law ; the other two perswade only that a lesse part should not be offerd . v. of canons , for the payment of tithes , that are attributed to this age. vi. no canon or other law was yet generally receiud to compell any payment of tithes , although among the offerings of deuout christians , gifts of that quantitie , were receiued as due by the doctrine then in vse , in some places only . about the beginning of the next , or rather some yeers before the end of the first part of this diuision , and afterward , tenths were paid , or , for holy vses offerd ( as the phrase was ) in diuers places , in offerings of that quantitie ; and some testimonie is of churches also endowd with the perpetuall right of them in the later halfe of this four hundred yeers . great opinion was now of their being due . and some canons and prouinciall constitutions , attributed to this time , ordain a payment of them . but not aboue one of these ( and that 's only prouinciall ) is of any credit . i. that they were offerd vnder the name of tenths in part of italie , may be collected out of s. ambrose who was bishop of millan before , and after the yeer ccc.xc . and the like for the diocesse of hippo may be supposd out of s. augustines vehement sermon for the payment of them . the words of both these fathers ( which in relating their opinions are anon transcribed ) may enough proue , that some did in those times offer them . and it may be , g s. hierome pointed at the receiuing of tithes then so offerd , in those words of his , spoken in the person of a clergie-man . si ego pars domini sum & funiculus haereditatis eius , nec accipio partem inter caeteras tribus , sed quasi leuita & sacerdos viuo de decimis , & altari seruiens altaris oblatione sustentor , habens h victum & ves●itum ; his contentus ero & nudam crucem nudus sequar . but 't is no necessitie to vnderstand him so . it may well be , that de decimis there is but a continuance of the comparison made by quasi leuita ; as if he had said , but liue like a leuite that liud of the tithes , and seruing at the altar , am maintaind by the offerings at the altar &c. what in gratian is falsly attributed to him , is before rememberd . in aegypt also , some holy abbots had tithes of all fruits offerd them about the beginning of this age . certatim decimas vel primitias frugum suarum memorato seni ( to abbot iohn ) de suis substantij offerebant , i saies cassian , the hermit that liud about the yeer cccc . xxx . and the abbot receius the offering with this kind acknowledgement ; deuotionem huius oblationis ( cuius dis●ensatio mihi credita est ) gratanter amplector , quia fideliter primitias vestras ac decimas indigentium vsibus futuras , velut sacrificium domino bonae suauitatis offertis . where it appears the abbot receiud them as a tresurer for the poor . and about the yeere cccc . lxx . christians also in pannonia , by example of s. seuerins bountie , gaue the tenth of their fruits to the poor . deuotissime ( saies k my autor that then liud also ) frugum suarum decimas pauperibus impendebant ; quod mandatum , licet cunctis ex lege notissimum sit , tamen quasi ex ore angeli praesentis grata deuotione seruabant . and a little after , he relates that the inhabitants of lauriacum ( which some take for lorch in austria ) being often admonisht by s. seuerin , to pay the tenths of their fruits to the poor , had notwithstanding omitted it ; wherupon , their corne being blasted , they humbly come vnto him , poenas suae contumaciae confitentes , acknowledging their losse as a reward of their fault . and the saint answers them ; si decimas obtulissetis pauperibus , non solùm aeterna mercede frueremini , verùm etiam commodis possetis abundare praesentibus . whence is seen both the receiud vse of offering them in that place , as also the opinion of seuerin . and in a prouinciall councell at mascon , held in the yeer d.lxxxvi . that is , the xxiii . of king guntheram , by all the bishops subiect to his gouernment in france , the payment of tithes , into the hands of the ministers of the church , is spoken of , as of good antiquitie at that time , and grounded vpon the mosaicall laws , which they call there diuinas , and adde ; quas leges christianorum congeries longis temporibus custodiuit intemeratas . that long time they speak of , might haue had perhaps beginning from the doctrine of those two great fathers , s. ambrose , and s. augustine , about the yeer cccc . whereof , more presently . but obserue also that , leo the great ( he was pope from cccc . xl . to cccc . lx . ) hath diuers sermons , yet remayning , de ieiunio decimi mensis & eleemosynis , wherein he is very earnest and large , in stirring vp euery mans deuotion , to offer , to his parish church , part of his receiud fruits , but , speaks not a word of any certain quantitie . the like may be noted in some homilies of m s. chrysostom , touching the churches maintenance , in which you might wonder how tithes were omitted , if either deuotion or doctrine had neer the beginning of these cccc . yeers made payment of them ( especially in the more eastern parts ) of any common vse . for the later part of those yeers , see towards the end of this chapter . ii. but beside the offering of tenths yeerly ( as was done , by the deuouter sort , sometimes to the ministers of the sacraments , somtimes to abbots , and the like ) a perpetuall right also of them was consecrated to some churches , by grant or assignment , out of such or such land , at the owners pleasure ; and that long before the end of this four hundred yeers . these speciall indowments may be collected from a canon of a councell of n arles , held in the yeer dccc.xiii . which thus speaks : vt ecclesiae antiquitus constitutae , nec decimis , nec vlla possessione priuentur . and other prouincials of that time , and laws of charlemain agree with it ; as that of his thus speaking ; o ecclesiae antiquitus constitutae , nec decimis , nec alijs possessionibus priuentur , ita vt nouis oratorijs tribuantur . these cannot well be vnderstood , vnlesse you interpret them to mean churches anciently endowd with tithes . and what was then about the yeer dccc . said to be anciently endowd , must be referd back into some part of the time we now speake of . neither are the moniments of that time without example of such endowments . it is reported that pipin about the yeer dcc.l granted the tithes of all that lay between ourt and lesche two riuers of ardoinne , to a church consecrated to the honor of s. monon . so i take that in p s. monon's life . beato viro ob titulum christianitatis mactato pipinus rex regaliter decimas obtulit , quas habet inter letiam & vrtam . so about the yeer q dc.lxxx . decimancula in rodulfi curte , that is , the right of a tithe of small value , in a place calld rodulfs court , was consecrated to the church of arras . and in a confirmation by king pipin of the foundation r of the abbey of fulda ( which was made in dcc.xlii . ) consecrations of tithes to the same abbey , either alreadie made or thereafter to be made , are specially confirmed . whatsoeuer it had or thereafter should haue in donis , oblationibus , decimisque fidelium , absque vllius personae contradictione firmitate perpetuâ fruatur , are the words . but these kinds of grants it seems were not yet in much vse . and what was of them , i ghesse , might haue beginning not long before dcc . yeers from our sauiour . for if they had been known much before , the precedent of them could hardly haue been omitted by marculphus , who liud vnder king clouis the second about the yeer dc.lx. and collected carefully the formulae or precedents of al kinds of deeds , conueyances , and grants , that were practiced in his time ; amongst which he hath many by the name of cessiones and donationes , wherein lands and other profits were giuen to this or that church , but neuer mentions any one for the gift of tenths . iii. if the common tale of charles martell his taking away the tithes , that churches were endowd with , and giuing them to the laitie , about the yeer dcc.xl . were true , it were autoritie ( both for generall payment , and speciall endowment in those times ) of great antiquitie and faire proof . but although that of him be receiud as a storie by diuers of late time , yet cleerly it can neuer be iustified . he was indeed a robber of the church ; but he is not mentioned by any old autor of credit , to haue medled with tithes . he was monasteriorum multorum euersor , and ecclesiasticarum pecuniarum in vsus proprios commutator , as s boniface archbishop of mentz , that liud in his time , complains of him . that is , he took monasteries , bishopriques , church-rents , and possessions from the clergie , & prophand them to lay-hands , as a reward of their militarie seruice then done for christianity against the saracens , who from spain inuaded the countrie ▪ wherupon also , another fiction is too patiently receiud ; t that , eucherius bishop of orleans in a vision saw him damned for it ; and that by a search ( according as an angel admonished ) in his tomb , it was also confirmd for truth ; there being found in it , no relique of him , but only a dreadfull serpent . the first autor of this hobgoblin storie seems of like credit with him , who euer he was , that first publisht that the taking of tithes was martels chief sacriledge . tithes in his time were not so vniuersally as yet annext to churches , as that they could be the main obiect of such a sacriledge . nor are they euer reckond so among those ancients , that largely speak of lay mens oppression by defacing whole monasteries and bishopriques in the times that next succeeded . neither is it cleer that in eucherius his life , martell was dead . for it is obserued and taught by that great and most learned cardinall u baronius , that he liud at least ten yeers after eucherius . how then could eucherius cause his tomb to be searcht ; and there find a serpent ? that 's enough , & truth too , that boniface brands him withall for his tyrannical spoiling the church of her other possessions ; longa torsione & verenda morte consumtus est . the rest is only out of the legend of eucherius his life , which ( as other things for the most part of that kind ) is too full of falshoods to gain to it selfe any credit . and some late canonists that out of his tyrannie against the church , interpret their decimae infeudatae , or feudall tithes , are alike in no small error , as in the next age shall be manifested . for neither was the course then vsed in taking the church reuenues for militarie maintenance , to giue them in fee to any lay man. but leases for life were made by church-men , to such as the prince appointed , of great part of their possessions , wherupon certain small rents ( according to a proportion ordaind by the state ) were reserud . those leases were somtimes vpon the princes request renewd , but vpon death of the lessee , the estate and possession reuerted to the church . all which appears plainly in a x councel held in the yeer dcc.xlii . vnder prince carlomann sonne to martell ; where that , which was so leased , is called according to the phrase of the time , ecclesialis pecunia , ou● of euery casa●a whereof a shilling was to be reserud to the church or monasterie , whence it was granted . that casa●a was a quantitie of land known certainly from the custom only of euery countrie , as a yard land , or a hide of land with vs. the same word , but varied in gender ▪ often occurres in old charters of our saxon times , especially in the lieger books of worcester , and abingdon . and in that of abingdon , a charter is of king edwi , made y to one brithric of quinque cassati terrae , the title or rubrique being carta quinque hydarum ; and another there is with the same rubrique , the words of the charter it selfe being quinque mansae ; whereupon by a marginall note in an ancient hand , one obserues those two to denote but the same . nota ( saies he ) quod hidae , cassati , & mansae idem sunt . but this by the way . of no lesse falshood or vpon other ground , then this fiction of martell , is their z relation which attribute to that synod vnder caroloman , these words , decimas occupatas à prophanis restituimus . neither course nor any storie of the time can iustifie it . iv. for the opinions of fathers in the beginning of this age ; first , * s. ambrose thus , in a sermon of repentance , teaches them due by gods law. non nobis sufficit ( saies he ) quod nomen christianorum praeferamus , si opera christiana non facimus . decimas nostras annis singulis de cunctis frugibus , pecoribus &c. praecipit erogandas dominus . then he ●ltes the text of that precept , out of moses , and goes on with nouem partes vobis tributae sunt , sed qui decimas dare noluistis ad solam decimam reuertotis . next , hee reprehends other offences , and addes , quicunque recognoscit in se quod fideliter non dederit decimas suas , modo omendet , quod minus fecit quid est , fideliter decimas dare , nisi vt nec peius , nec minus aliquando deo offeras , aut de grano tuo , aut de vino , aut de fructibus arborum , aut de pecoribus , aut de harto , aut de negotijs , aut de venatione sua . de omni substantia quam deus homini donat , decimam partem sibi reseruauit , & ideo non licet homini retinere illud quod deus sibi reseruauit . agreeing with him , is s. augustine in a whole homily a for the right of them ; about haruest hee made it ( if it be his ; for it hath been doubted whether it be his or no ) on the xii . sunday after trinitie . propitio christo , saith he , fratres charissimi , iam propè sunt dies in quibus messes colligere debeamus , & ideo gratias agentes deo qui dedit , de offerendis , imò reddendis decimis cogitemus . deus enim qui dignatus est totum dare , decimam à nobis dignatur repetere , non sibi , sed nobis sine dubio profuturam . and grounds himself vpon that of b malachy , the text of honor the lord thy god with all thy substance , and the like . then exhorts them . decimae tributa sunt egentium animarum . redde ergo tributa pauperibus ; offer libamina sacerdotibus ; and admonishes , that , if they haue no fruits of the earth , they should pay the tithe of whatsoeuer they liue by ; quodcunque te pascit c ingenium , dei est ; & ind● decimas expetit vnde viuis ; de militia , de negotio , & de artificio redde decimas . aliud enim pro terra dependimus , aliud pro vsura vitae pensamus . and then vrging more texts out of the old testament touching tithes and first fruits , and telling them , that the neglect of payment is the cause of sterilitie and blasting ; haec est ( he saith ) domini iustissima consuetudo , vt si tu illi decimam non dederis , tu ad decimam reuoceris . and afterward with much earnestnesse , decimae ex debito requiruntur , & qui eas dare noluerit , res alienas inuasit . & quanti pauperes in locis vbi ipse habitat , illo ●ecimas non dante , fame mortui fuerint , tantorum homicidiorum reus ante tribunal aeterni iudicis apparebit , quia à domino pauperibus delegatum suis vsibus reseruauit . qmi ergo sibi aut praemium comparare , aut peccatorum desiderat indulgentiam promereri , reddat decimam . these two great bishops agree ; and from the law giuen to the israelites , take their whole doctrine . s. hierome is by some vsed for an autor to the same purpose , and that from his d commentarie to the text of malachy , which ( after he hath opened the words of the prophet , being only about the neglect of payment of tithes and first fruits ; about the neglect of payment only , not the right of them ) are these ; quod de decimis primitijs que diximus , quae olim dabantur à populo sacerdotibus ac leuitis , in ecclesiae quoque populis intelligite , quibus praeceptum est non solum decimas dare & primitias , sed & vendere omnia que habent , & dare pauperibus , & sequi dominum saluatorem ; quod si facere nol●mus , sal●em iud●●rum imitemur exempla , vt pauperibus partem demus ex toto , & sacerdotibus & leuitis honorem debitum deferamus . who hence thinks , that his opinion agrees with the other two , may as well inferre , that he meant also , that all men were still bound to sell all they had , as in the apostles times . hee speakes only , as admonishing christians to giue their almes to the poore , and double e honor to the labourer in the lords seruice , not binding them at all to offer this or that part , but leauing plainly a christian libertie ; wherein yet , true deuotion indeed , as he means , should not be more backward then the iews were , when they duly paid . he that indifferently reads him , will thinke no otherwise . neither is s. chrysostom at all different from him . he perswading f euen labourers and artificers to giue bountifully their offerings to the church for holy vses , according to the apostolicall ordinance in the churches of corinth and galatia , brings the iewish liberalitie in their payments of tenths for an example ( beneath which , he would not haue christians determine their charitie ) and sayes withall , that he speaks these things not as commanding or forbidding that they should giue more , yet as thinking it fit that they should not giue lesse then the tenth part ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as his words are ) of all profits gaind either from the earth , or by merchandize , or whatsoeuer iust imployment either of person or estate . but not of vsurie and warre , which ( at least as it was vsed in those primitiue ages ) was held by most doctors g of the time , as vniust as vsurie . and indeed , where it was iust , there no part of the gaine or spoiles was to be giuen to the priests , by the doctrine of some h rabbins , that affirm it as expresly taught i within a text of moses . but his exception of vsurie agrees with the canonists of late times , that will not haue tithe paid of vniust gain , no more then k the hire of a whore , or the price of a dog , was to be brought into the temple . what is there called the price of a dog , is by iosephus l taken for monie giuen for the lone of a dog to breed withall . you may adde to the opinions of this time that of m s. gregorie , where he admonishes the hallowing of lent , consisting of six weeks , out of which , the sundayes being taken , xxxvi . dayes remain for the tenth part of the yeer ; fractions of dayes omitted . this tenth of time he would haue vs giue to god , vt in lege iubemur ( as his words are ) domino decimam rerum dare . v. some canons , both pontificiall and synodall , made for the right and paiment of tithes , are attributed to the ages that fall about the midle of this time . but i haue not obserud aboue one , that is of any credit , as referd hither ; neither was that euer receiud into the bodie or any old code of the canons . that one is prouinciall , and made in the yeer d.lxxxvi . in the councell of n mascon ( a bishoprique in the diocesse of lions ) where all the bishops of king guntherams kingdom being present , speak of reforming ecclesiasticall customs according to an ancient example , and then begin with leges diuinae , consulentes sacerdotibus ac ministris ecclesiarum , pro haereditaria portione omni populo praecaeperunt decimas fructuum suorum locis sacris praestare , vt nullo labore impediti per res illegitimas , spiritualibus possint vacare ministerijs ; quas leges christianorum congeries longis temporibus custodiuit intemeratas . vnde statuimus vt decimas ecclesiasticas omnis populus inferat , quibus sacerdotes aut in pauperum vsum aut in captiuorum redemptionem erogatis , suis orationibus pacem populo ac salutem impetrent . here is no small testimonie aswell of ancient practice in paying of them , as of great opinion for their being due . but although the whole councell hath to this day remaind with the subscriptions of the bishops to it , yet ( whateuer the cause was ) not so much as any canon of it is found mentioned , as of receiud authoritie in any of the more ancient compilers of synodall decrees ; notwithstanding , that the fullest of them , i meane isidore , liud long after this councell held , and hath some other synods of the continent of france , as of orleans , of arles , of agatha . but this he mentions not . the first that published it , was frier o crab , in his edition of the councels vnder charles the fift . yet also in some that collected the canons since isidore , decrees of elder time then that is , are to this purpose spoken of ; as you may see in iuo p at the end of a decretall of gelasius that was pope in the yeer cccc . xcii . where these words are annext , decimas iusto ordine , non tantum nobis , sed maioribus nostris visum est , plebibus tantum vbi sacrosancta dantur baptismata deberi . this stands continued with the rest of gelasius , in the print . but in an old and very fair copie neer as ancient as iuo , remaining in the librarie at pauls , these words begin with a coloured capitall , as a seuerall paragraph ; and indeed are not gelasius his , but pope leo's the fourth , who liued aboue ccc.l. yeers after . that appears plainly out of the epistle q of gelasius ( whereto they are annext ) which gratian hath in all , sauing this , according to iuo , yet cites this passage in another place r by it selfe , out of that leo , from whom also 't is likewise taken by anselm and gregorius presbyter , who haue in their collections the rest of gelasius his epistle according to iuo , as it is noted to the text publisht by command of gregory the thirteenth . and in those decrees s of gelasius that are extant touching the church-treasurie , or reuenue , no mention is of other then of redditus ecclesiae & oblationes fidelium . a like falshood is committed by them t that attribute a prouinciall constitution touching the distribution of tithes amongst the bishops and inferior ministers to the first councell of orleans , held in the yeer d.vii. and that by finding som words to this purpose added to a canon which in the printed iuo u hath a marginall reference to some councell of orleans . it is most certain that the first councel of orleans , x hath no word of tithes in it , but speaks of the distribution only of such things as in altario oblatione fidelium conferuntur , and possessions of other like kind of church-lands . and according to that , burchard and gratian y cite it ; who haue also those words that iuo there hath , excepting only that of tithes . and some other prouincials of the z same place and age , to the same purpose , speake afterward of oblationes & facultates , but not a word of tithes . all which shews plainly that no such matter was euer in the first councell of orleans . the truth is also that iuo himself cites it not out of any councell of orleans , but from , i know not what councell of toledo , as his ms. copie is , and as it is truly publisht in the printed book . all that directs to the councell of orleans there , being only the marginall note of du molin a canonist of louain that set it forth . but neither any of orleans or toledo hath it all as he relates it . the truth is ; that canon of his is made vp out of two councels indeed , the first a of orleans , and the ninth of b toledo , and agrees well with both , sauing for so much as is expresly spoken of tithes . that which in those two had been ordaind for offerings and other reuenues of the church , he not vnfitly applies to tithes , being a more known part of that reuenue in his time ; and thither draws also an old councell of c rome as if it had spoken expresly of them , & writes all in no other syllables then d burchard had before deliuered with a like title of ex concilio toletano . but this excuses not those which make the words of such a collection , out of two or three old councels , applied to a later time , to go for a canon of any one of them . many such are occuring in burchard and iuo epecially , and some in gratian ; which are noted vpon their credits , and , in some editions , placed in the times to which they attribute them , licet forsan falso tali sint pontifici , vel certè tali concilio per scriptorum incuriam adscripti , as frier e crab well admonishes . a like falshood is in attributing , out of the same f iuo , an expresse canon for the payment of first fruits and tenths , to the prouinciall synod of siuill , held in the yeer d.cx. in these words . omnes primitias & decimas tam de pecoribus quàm de frugibus , diues simul & pauper ecclesijs suis rectè offerant . and a litle after : omnis rusticus & artifex quisque de negotio iustam decimationem faciat . and then , si quis autem haec omnia non decimauerit , praedo dei est , & fur , & latro ; & maledicta quae intulit dominus ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) cain non recte diuidenti congeruntur . there is litle reason to doubt , but that the reference of that canon in him , to that councell of siuill is false . the councell of that yeer and place is extant , whole in diuers editions , as it was certified by eight bishops which were at it ; and in that no taste is of any such matter . the old ms. copie of iuo , of or very neer his time , in the librarie of pauls , hath it ex concilio spanensi , the printed book being ex concilio hispalensi ; what spanensi is , i know not . if it were spalensi , it were the same with hispalensi , for which spalensi is alwaies in isidores councels , as spania is somtimes g anciently for hispania . what euer he meant by it , cleerly the whole canon is of much later time ; the first words of it also being nothing but the syllables of one of charlemains laws h that was not made till dcc.lxxx . yeers from christ. that is , vnicuique ecclesiae mansus integer absque vllo seruitio attribuatur . where mansus is for a farme or dwelling place , in the same sense as at this day manse is vsed in the laws of scotland . some others like these occurring are mistaken . and you may obserue that gratian more warily abstaind from vsing such canons mistitled ; among which also , from these . but the lesse falshood is to be imputed to iuo , in regard that burchard before him had almost all his syllables ; from whom hee transcribed . yet that excuses not his negligence committed in not carefully examining his autor ; which often causes grosse impostures , sometimes proceeding from malice , somtimes from ignorance , to be receiued as perfit truth ; especially by those that cite , without more regard , prouinciall synods absolutly there mentioned for the first of that name , when indeed they are often of farre later time . slothful readers are soon so deceiued . but among the known and cerain moniments of truth , till about the end of this cccc . yeers , no law pontificall , or synodall ( saning that of mascon ) determins , or commands any thing concerning tents ; although very many are which speaking purposely and larely of church reuenues , oblations , and such like , could not haue been silent of them , if that quantitie had been then establisht for a certain dutie· you may see i enough in those to which the margin refers you ; all made in this part of our diuision ; none vsing other words ( to this purpose ) then facultates , praedia , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , oblationes , vota fidelium , res ecclesiae delegatae , or collatae , and the like , as the phrases are in the other first cccc . yeers . some of which kind yet the canonists and others , in prouinciall synods , haue in the later ages , compiling their decrees , made to serue as if they had expresly named tithes . as you may see in that example rememberd before out of iuo , and burchard ; in that of the councell of gangra in c. . q. . c. . in canonibus ; in that of the chapter of gelasius his decree in the councell of tribur held dccc.xc . cap. ; in that of the first oecumenicall councell of chalcedon cap. . in c. . of the same synod of tribur ; and in that of the ninth councell of toledo k in an old councell of cologne . hee that reads those old canons only , as they are so applied , in late autoritie , to tithes , might perhaps soone think that at first they were made specially and by name for them . the matter is plainly otherwise . what was ordaind in them about oblations , is out of them in later times ( tithes and oblations being then supposed of equall right ) expresly extended also to tithes . the word oblations , as you see in those times , being vsuall for tithes also when they were giuen ; and offerre decimas was the common phrase , for to giue tithes . about the end of these yeers in a prouincial synod held at friuli in d. cc.xci . vnder paulinus patriarch of aquilegia , the words are , de decimis verò vel primitijs ( saluis scilicet allegoricarum rerum mysticis sacramentis ) nihil meliùs puto dicere quàm quod scriptum est in malachia propheta , dicente domino ; inferte omnem decimam in horreum meum &c. and vpon that place , the supposition of the dutie being grounded , a commination is added ; quis non timeat vel contremiscat illam maledictionem quam minatur nolentibus offerre ? the opinion of the synod is here plainly seen . and it is rather a declaration by doctrine , then a constitution by precept . vi. but howeuer either this of friuli , or that before cited of mascon , had their prouinciall authoritie , no canon as yet was receiued in the church generally , as a binding law , for payment of any certain quantitie ; which not only appears in that we find none such now remaining , but also is confirmd by the testimonie of a great and learned french bishop ( in whose prouince also mascon was ) that could not be ignorant of the receiud law of his time . hee liud and wrote very neere the end of this first foure hundred yeers ( i thinke , in the very beginning of the next . ) and , in a treatise about the dispensation of church reuenues , expresly denies , that before his time any synod or generall doctrine of the church had determind or ordaind any thing touching the quantitie that should be giuen , either for maintenance or building of churches . because his words are speciall autoritie also against those counterfeit titles of canons before spoken of , they shall haue place here . iam verò ( saith l he ) de donandis rebus & ordinandis ecclesijs nihil vnquam in synodis constitutum est , nihil à sanctis patribus publicè praedicatum . nulla enim compulit necessitas feruente vbique religiosa deuotione & amore illustrandi ecclesias vltrò aestuante &c. this autor is agobard bishop of lions ( very learned , and of great iudgement ) and had not so confidently denied what you see hee doth , if any decree , canon , or councell generally receiud , had before his time commanded the payment or offering of any certain part . how the autoritie of that councell of mascon stands with his meaning , i well conceiue not . but cleerly , hee speaks truth , in regard of what was generally receiud . for neither in the codex ecclesiae vniuersalis , or the codex ecclesiae romanae , or africanae , fulgentius ferrandus , cresconius , or isidores collection ( all which , in those elder ages , were as parts of the body of the canon law ) is once any mention of the name of tenths . and indeed , that councell of mascon , with all other church-laws in m france , lay a long while neglected before agobards time , as in the age of our fathers that of mascon likewise did . yet withall , no doubt can be made , but that in most churches in this time , amongst the offerings of those of the deuouter sort , tenths or greater parts of their annuall increase were giuen , according to the doctrine of those fathers before mentioned , and those other testimonies . whereto you may adde that complaint of boniface n archbishop of mentz , about d.ccl. against the clergie . lac & lanas ( sayes he ) ouium christi oblationibus quotidianis ac decimis fidelium suscipiunt , & curam gregis domini deponunt . and in an exhortation o writen neer d.cccc. yeers since : ille bonus christianus est qui ad ecclesiam frequentiùs venit , & de fructibus suis non gustat nisi prius ex ipsis domino aliquid offerat ; qui decimas annis singulis pauperibus reddit ; qui sacerdotibus honorem &c. these also shew a vse of payment among the firmer and deuouter christians in those times . but they were then disposed of diuersly ; now you see to the priests , now to abbots , now to the poor . and when they were offered to baptismall or episcopall churches , they were receiud as indefinit offerings , the quantitie whereof was wholly arbitrarie , in respect of any constitution or generall law in vse . the quantitie of the offerings was arbitrarie , but some kind of offering was necessarie . he that offered not at all , of his fruits , was compellable , it seems , by excommunication ( as in the p easterne church ; where that compulsion also was taken from the churches autoritie in the patriarchat of constantinople ) but not as yet , he that offerd a lesse quantitie . and that it was a speciall bountie to offer the tenth , you may see in the old aethiopian q masse , where a distinct prayer is for those , qui obtulerunt munera sanctae vnicae , quae est super omnes , ecclesiae sacrificium scilicet r primarum decimarum , gratiarum actionis signum & monimentum . and it seems the disposition of the offerings were so in the patrons power ( by the practice of some places ) that hee might assigne a s certaintie of them to the minister of his church , and employ the rest at his pleasure ( which agrees enough with the right challenged , in the succeeding ages , touching inuestiture and arbitrarie consecrations ; whereof , more in the next cccc . yeers ) although in this age also some canons t of the clergie subiected all new-built churches to the bishops gouernment ; but were little obeyed . for meere church-laws , hitherto . some secular constitutions are , that about the yeer d. cc.lxxx . were made for the payment of tithes , by charles king of france , italy , and lumbardy , and afterward emperour . but because they fall so neere the end of this part of our diuision , and are rather to be accounted amongst the laws of his empire ( which began not till neer xx. yeers after ; that is , about d.ccc. ) then only of his kingdome , and were afterward receiud into the imperiall capitularies , whence we haue chiefest notice of them ; they are purposely referd into the next cccc . yeeres , as the first latitude , required in our diuision , permits . neither before them , did any generall law , that yet remains in publique , and is of credit , ordain any payment of tenths in the westerne church . for in the eastern , neuer any law , that i haue obserud , mentions them . between about the yeer d.ccc. and neere m.cc. cap. vi. i. payment of tithes , how performed . ii. arbitrarie consecrations of them alone ( like grants of rents-charge ) at the lay-owners choice , to any church or monasterie , were frequent ; and sometimes lay-men sold them to the church . redimere decimas . iii. appropriations of them with churches ; wherein they passed as by themselues , from the patron seuerally and directly in point of interest . the beginning of parish churches . disposition of the offerings receiued there . lay-foundations of parish churches . the interest that patrons claymed . right of aduowson . the ceremonie of putting a cloth or robe vpon the patron , at the consecration of the church . the vse of inuestitures , by which ( as by liuerie of seisin ) lay patrons gaue their churches . commendatio ecclesiae . benefice . none anciently receiued the character of orders , but when also the ordination was for the title of some church . thence came the later vse of episcopall institution . whence some patrons came to haue most part of the tithes . canonica portio . the clergy and councels against inuestitures . their continuance till towards m.cc. when institution ( as it is at this day ) vpon presentation grew common· how appropriations were in those times made . the ancient episcopall right to tithes , especially in germanie , and the northern parts . how monks iustified their possession of tithes and parish-churches . the right of tithes generally denied in turingia , to the archbishop of mentz . iv. of infeodations of tithes into lay-hands , both from the clergie and laitie ; and of their originall . v. of exemptions granted by the pope . templars and hospitalars accounted no part of the clergie . vi. the generall opinion was , that they are due iure diuino . but this , indifferently thought on , seems to haue denoted rather ecclesiastique or positiue law ( by the doctrine and practice of the clergy ) then diuine morall law. vii . laws imperiall , and canons synodall and pontificiall , for the payment of tenths . the grosse error of some that mistake nona and decima in the capitularies . the first generall councell that mentions tithes . the practice found in the time twixt about d.ccc. and m.cc. from christ , consists in some ordinarie payments of tithes , as in the former ages ; in more frequent consecrations of a perpetuall right of them alone to any church , or monasterie , at the owners choice ; in appropriations of them with the churches in which they were by custom or consecration established ; in infeodations of them into lay-hands ; and in exemptions for discharge of paiment . by the more generall opinion of the church , they are exprest to be due iure diuino ; but that is warily to be interpreted out of the generall practice cleerly allowd by the clergie . from the beginning of this time canons are very frequent for the right of them . but the first law that may at all be stiled generall for it , was ordaind by charles the great , and receiud , but litle practiced , through the empire . of all these in their order . i. not only from deuotion , but through ecclesiastique censure also , aided with secular power , about the very beginning of this cccc . yeers , many churches in the western empire , had the tenth paid as a dutie . this may be collected out of an epistle writen by alchwin to charles the great , touching the exaction of tithes ( which hee calls iugum decimarum and plena per singulas domus exactio ) of the hunnes and saxons ; who being then lately , by charles , conquerd , had newly receiued the christian faith , alchwin there aduises , that it were better for the christian cause , to omit it amongst them , till they were grown firmer , and speaks of it as a thing of known vse among other setled christans . his words are : vestra sanctissima pietas sapienti consilio praeuideat , si melius sit rudibus populis in principio fidei iugum imponere decimarum , vt plena fiat per singulas domus exactio illarum . an apostoli quoque ab ipso deo christo edocti & ad predicandum mundo missi , exactiones decimarum exegissent , vel alicui demandassent dari , considerandum est . scimus quia decimatio substantiae nostrae valde bona est . sed melius est illam amittere quàm fidem perdere . nos vero in fide catholica nati , nutriti , & edocti , vix consentimus substantiam nostram plenitèr decimari ? quanto magis tenera fides , & infantilis animus , & auara mens illarum largitati non consentit ? this epistle was writen about dcc.xcvii . as the historicall part of it perswades . and the generall laws , by which that exaction might haue been made , are among those which about dcc.lxxx . the tame charles had ordaind in an assembly of estates , of which more in the last paragraph of this chapter . but the execution of those laws soone afterward ( as anon shall be declared ) failing ; this practice of paiment also became to be of rare vse . and although diuers synods soon followd which commanded a tenth , as what was due of it selfe to the church ( whence also in some places a parochial paiment doubtlesse continued , and by prescription and custom established a ciuill right in some churches ) yet * the laitie ( not much subiecting themselues to any church-laws of the time , that toucht their possessions ) frequently exercised their arbitrarie dispositions , especially of such of them as were not alreadie consecrated , or by custom , or prescription setled , and therein pretended them due only but as their own choice , either by consecration to any church or monasterie whatsoeuer , or by infeodation into lay-hands , should determin . and those also which were established by former consecration , custom , or prescription , were very often arbitrarily disposed of also by lay-patrons in their appropriations . ii. for arbitrarie consecrations ; the a laws ordaind in the first of these cccc . yeers , that speak of decimationum prouentu● priori ecclesiae legitime assignatus , and locus vbi decimae fuerant antiquitus consecratae , and decimae quae singulis dantur ecclesijs , and such more point at the vse of them . and although , out of any continuance alone of voluntarie paiment , a kind of parochiall right ( which also by the laws b of the time euery rector should haue enioyed in the territorie where he dispensed the sacraments ) were created , yet consecrations of tithes ( not yet established by a ciuill title ) made to the church of another parish at the lay-owners choice , were practiced and continued in force ; as may plainly be collected out of an old law about the beginning of these yeeres made ( but not put in execution ) for punishment of such consecrations by compulsion of the partie to restore to the church the quantitie of the tithe so aliened . quicunque ( are the c words of it ) decimam abstrahit de ecclesia ad quam per iustitiam dari debet , & eam presumptiose , vel propter munera aut amicitiam vel aliam quamlibet occasionem , ad aliam ecclesiam dederit , à comite vel a misso nostro distringatur , vel eiusdem decimae quantitatem cum sua lege restituat . so another was made against parsons , vnder paine of depriuation , that they d should not perswade parishioners to come to their churches , & suas decimas sibi dare . with it agrees the complaint made about the same time in the councell of e pauia , against such as vsed to giue away their tithes alijs ecclesijs pro libitu . and many expresse examples are of such grants made , not otherwise then as of rents charge arbitrarily created . some shall be here added . but , because since the last chapter printed , the chartulary of the church of vtrecht among many other select moniments to the purpose of this discourse ( through the fauor of that right worthy and learned sr robert cotton , my most honord friend ) came to my hands , wherin an obseruable consecration of tithes in the former cccc . yeers , is preserued ; it shall here ( not much out of its place ) be first rememberd . there , in confirmations to that bishoprique made by pipin , charles the great , and other of the succeeding emperors , is expressed that some neer ancestors of that charles ( as the elder pipin , charles martell , carloman ) had giuen great endowments to it , and among them , f omnem decimam de mancipijs , terris , & telonijs , vel de negotio , vel de omni re ; vndecunque ad partem regiam fis●us teloneum exigere aut accipere videbatur . it seems it must be restraind to what the grantors possessed in the territorie about vtrecht , although no such thing appears in the diuers charters there remaining of it . for the following times ; in the same chartularie , is a commemoration of the possessions of the bishoprique , wherein diuers particular tenths possessed by speciall grant are reckond ; as tenths of wreck , of treasure troue , of fishing . and a relation is of promise made to the bishop by one gutha to endow a church , which he gaue to vtrecht , with the tithes of diuers mannors . in beuorhem ( the words are ) tradidit gutha ecclesiam necdum consecratam in ius & dominium sancti martini ( to that saint was the church of vtrecht consecrated ) ea videlicet ratione , vt , post consecrationem eiusdem ecclesiae , decimae darentur ad supranominatam ecclesiam de villis hijs nominibus vocitatis ; beuorhem , gisleshem , hegginghem , schupildhem . and in the yeer dccc.lii . raginer duke of lorrain , for the health of his own soule , and the soules of his wife , children , and parents , giues to the abbey of vito in verdun , a whole town called longuion with the appurtenances , and all the tithes of the land that he had within the bounds and precinct of the same town . villam nostram ( as the charter g speaks ) quae dicitur longuion cum omnibus appendicijs suis ac decimis quas in banno dictae villae habebamus . and one of his successors rigimir , by charter dated dcccc . xlvi . for like consideration gaue to another monasterie , seated vpon moselle , all the tithes within the libertie of the town where it stood , in these words ; imperpetuum omnes decimas quas habeo in banno praefati oppidi tam in blado , quam in vino , ac alijs rebus . where bannus or bannum is vsed for the continent within the vtmost precinct of the town ; in which sense banleuca , as also leuga circumiacens , occurs in the moniments of this kingdom , as h banleuca de arundell , for all comprehended within the limits or land adioyning , and so belonging to the castle or town , which are both as one to this purpose . so the monks of clugny in burgundie , founded by william count of auuergne in the yeer dccccx . had tithes of diuers possessions giuen them ; which the phrase of the time stiled i decimas indominicatas , in a charter to them made by lewes the fourth of france , in the yeer dcccc . xxxix . and those tithes were often confirmed to them by pontificiall autoritie : as by k agapetus the second , l lucius the second , and afterward by vrban m the third , in the yeer m.c.lxxxv . in whose bull , a recitall and confirmation also is of an instrument of adhemar bishop of xantoigne made to this monasterie , that hath these words in it . damus & concedimus vobis decimas quas à laicis acquisistis vel acquirere poteritis , with a command that laimen in the precinct of their abbey , should not conuey their tithes to any other churches . and when the abbey of vendosme was founded about the yeer m.l. by godfrey martell earle of aniou , the tithes n of the salt-pits in som part of poictou , were consecrated to it . the like had the same monasterie in some salt-pits possessed by the bishop of xantoigne , which although it had enioied for threescore yeers , yet the bishop began to denie any more paiment , and for his owne gaine , would haue maintaind this opinion , that no church-lands were to pay tithes to any church . but godfrey abbot of vendosme about the yeer m.c.xx. sharply corrects him in an epistle ▪ and shews that the opinion of all france and italie , then was , that although lands charged to any church with the paiment of tithes , were possessed by another church or monasterie , yet the tithes were still paiable parochially from the one church to the other . that abbots words are obseruable , because also they shew a generall practice of paiment parochially by churches to churches . nobis dictum est ( saith o he ) quia dicitis , quòd ecclesia non debet decimam dare . hoc verum est , vbi ecclesia nihil habet in paroecia alterius ecclesiae , vbi verò ecclesia , in alterius ecclesiae paroecia , possessionem aliquam habet , vel quippiam quòd decimari debeat , ibi ecclesia ecclesiae p decimam reddere debet , si illud iustè possidere desiderat . hoc tenet italia , hoc tenet gall●a ; ibi enim nouimus ecclesias ecclesijs decimas reddere , & maiores minoribus , & minores maioribus , vbi altera earum possessionem obtinet in iure alterius . hoc facimus ecclesijs , hoc ecclesiae fecerunt nobis . and according to this had he a decree for the monasterie from pope calixtus the second . this , by the way here , for paiment among the clergie . but for more arbitrarie consecrations by lay men ; in the yeer m.c.xxiv . ansellus de garlanda , in his foundation of the abbey of saint mary of gornay in france , among other possessions giues it q decimam de berchorellis , and duas partes decimae de ber●herijs , and totam decimam de ponteuz , and apud terciacum medietatem decimae . many like examples might be added , but one more only shall suffice , in which the frequencie of the practice may be easily ghest at . that is found in a bull , of confirmation , made by pope innocent the iii. of the possessions of the abbey of the holy crosse , and s. leufrid , in the diocese of roan ; among which r diuers appropriated churches are with their tithes ( and so expressed : ecclesia n. cum decimis ) but beside them also many tithes seuerally granted by diuers barons and gentlemen to the abbey , out of such or such lands , without any churches , are confirmed , as decimam de feudo hugonis de sensei apud neufuillam . decimam willielmi de maudit apud luderuillam de feudo willielmi pelet apud amercort . decimam de feudo matthaei de gamichijs apud maneuillam . duas partes decimarum de feudo pagani de s. luciano , & de feudo orselli , & de feudo flooldi , and decimam de hendicruilla , & de sesseuilla in feudo autulij . decimam de boelio in feudo roberti filij williellmi . decimam de mesuilla in feudo hugonis de lace . & decimam de buison in feudo hugonis bigot &c. if one abbey had so many arbitrary consecrations , who can doubt of the most common vse of them ? but if you desire more examples , look in the places s noted in the margin , but especially wher anon we haue the practice of our own t nation by it selfe declared . out of them all ( being but few in regard of what questionlesse might be had in the records of churches , and monasteries , yet remayning in other states ) you may find a vse of that arbitrarie disposition till about the yeer m.cc. when the distribution of tenths also to the poore according to the owners free will ( which i take to be consecrations , or grants to monasteries ; for the monks were vsually called pauperes , and were so indeed by their vow ) was expresly complained against , as a great fault of the time by pope innocent the iii. for he then preaching of u zache's charitie , that consisted aswell in making restitution of what was due to others , as inerogation of almes to the poor , obserus that he gaue of his own , and paid what was other mens . dedit proprium & reddidit alienum . grauiter ergo peccant ( saies he ) qui decimas & primitias non reddunt sacerdotibus , sed eas pro voluntate sua distribuunt indigentibus . but as great a fault as it was , it was a common one ; and being committed by the laitie was vsually allowd in fact by the pope and the ordinaries ; whateuer they thought of it in right . and of such autoritie was this vse , that an opinion was bred from it among very great men of the clergie , that , as arbitrarie consecration was a cause of the right of tithes in a church whereto they were conueid , so continuall paiment of many yeers ( which being by diuers , of the more deuout , faithfully performed , those clergie men tooke as equiualent to a personall consecration of the tenths of their increase , whereuer it were receiud ) had so setled the perpetuall right of the tithes of any familie , that whither soeuer it transplanted it selfe , it must still send its tenths to the place where before it paid them ; as if this continuall paiment had foreuer so bound it , that it might not pay them otherwise . this was the opinion of diuers bishops in the patriarchat of grado , as you may see by the same pope innocent his x reprehension of them , and y of others elswhere also . neither were these grants alwaies free consecrations , but oft times were made for valuable consideration giuen by the church , which is exprest in the phrase z redimere decimas , vsed in the synodall and imperiall laws , of this time , made de decimis quas porulus dare non vult nisi quolibet modo , or munere ab eo redim●at●r . for , howsoeuer hincmar bishop of rheims , in reprehending a the monks of s. denis , because they were about to take mony of a parson for a right of tithe , aduised them with absit vt laici audiant , quod nemo etiam peccatis publicis implicatus in mea parochia facere audet . as if it had been almost vnheard of in that age ( he liud about dccc.lx . ) that any man had euer tooke mony for a grant of his tithes ▪ yet plainly the autoritie of those laws shew , it was no such raritie . nor was it out of practice about the end of this cccc . yeers , as may be collected out of a question disputed in b alexander hales touching tithes held by lay men , in territorio alterius ecclesiae quae non potesteas redimere . although perhaps his meaning was only of feudall tithes . but neither did the laitie thus only c dispose tithes not alreadie consecrated , but in som kind also ( by appropriations ) such as were before established to parochial churches . iii. in declaration of the course of appropriations , it is first necessarie , to know so much of the nature of parish churches in those times , as without which the appropriations then vsed cannot be vnderstood . briefly therefore , for parish churches ; it is plain that as metropolitique sees , patriarchats ( exarchats also in the eastern church ) and bishopriques : those greater dignities , were most vsually at first ordaind and limited d according to the distinction of seats of gouernment , and inferior cities , tha had been assigned to the substituts or vicarij of the prefecti-praetorio or vice-royes of the east and west empire , so were parishes appointed and deuided to seuerall ministers within the ecclesiastique rule of those dignities , according to the conueniences of country towns and villages ; one or more or lesse ( of such as being but e small territories might not by the canons , be bishopriques ) to a parish ; the word paroecia or parish at first denoting a whole bishoprique ( which is but as a great parish ) and signifying no otherwise then diocese , but afterward being confined to what our common language restrains it . the curats of those parishes were such as the bishop appointed vnder him to haue care of soules in them , and those are they which the old greek f councels call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , prebyteri a parochiani , within the bishoprique . neyther were the chorepiscopi much different from them . these had their parishes assigned them , and in the churches where they kept their cure , the offerings of deuout christians were receiued , and disposed of in maintenance of the clergie and reliefe of distressed christians , by b the oeconomi , deacons , or other officers thereto appointed vnder the bishop . neither had those parochiall priests at first such a particular interest in the profits receiued in oblations as of later time . all that was receiued wheresoeuer in the bishoprique , was as a common treasury to bee so c dispensed . one part was allowd to the maintenance of the ministerie ( out of which euery parochiall minister had his salary , according to the monthly pay spoken of in the first cccc . yeers ) another to the reliefe of the poor , sicke and strangers , a third to the reparation of churches , and a fourth to the bishop . so it appears by the ancient d canons , if we may at least herein , coniecture of the vse of the time , by what they haue ordained . and it is like enough to haue been no otherwise , so long as these parochiall functions were so personall that they were not as now , so annext to foundations and endowments , but rather exercised as by messengers , sent from the bishops , who had no such reference to lay-patrons , as they that afterward came in vpon inuestiture or presentment haue had , but only were protected by some appointed by the state for e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or defensores of the church , as they called them . the name of defensores being in the primitiue time , for this and other purposes , giuen to such protectors , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in regard of their assistance and helpe to such as sufferd iniury , as iustinians words are . and in the first ordination of this hierarchie of bishops and parochiall priests , it seemes , in some lands wherewith the bishoprique was endowed , the churches were erected , in which the bishop had a kind of right of aduowson ; who , taking on him the generall care of his diocese , ordained incumbents in euery of them . and the oblations there receiud were of the churches common treasure , and so to be diuided and disposed of quadripartitly . but that quadripartit diuision was chiefly in the diocese of rome . for by some f canons of the french , spanish , and some other churches , it was tripartit , and had other differences . but , all this in the primitiue times . and from the first establishing of christianitie by a disposition of the hierarchie , till about d. yeers from christ , it seemes , it continued . and such kind of parishes only were those spoken of in that epistle of pope g denis the i. about cclx . if at least that epistle be not a fiction . if it be , then our canonists doe ill to vse it at all . if not , then plainly they abuse it , where they pretend in it an originall of such kind of parishes as since for the most part haue had their beginning from lay-foundations . but not long after such time as lay men began to build and endow parish-oratories or churches in their lordships , and in them place or inuest chaplaines ( ordaind , that is , made priests by the bishop , but not instituted by presentation as at this day ) that might receiue the offerings of such as repayred thither for holy seruice ; that former kind , of making a common treasurie in euery diocese , was discontinued , and the chaplaine or incumbent , acknowledging the lord , of his churches territory , for patron , ( not much otherwise then , as in the ancienter course , euery parochiall priest did the bishop that collated to him ) receiued now the profits that rose out of christian deuotion , to a particular vse of his owne church ; the canons neuerthelesse sauing the fourth part to the bishop . for , that episcopall right grew afterward to bee so established by the receiud h canon law , that till this day , where prescription of xl. yeers excludes not , the fourth part of all oblations and tithes are , by it , due to the bishop . and some i canonists make it as a duty succeeding in lieu or proportion to the tenth of the tenth that was payd by the leuits to their priests . but howeuer the canons were ( in which also it had beene often constituted , that euery church k and the profits thereof should be subiect to the bishops disposition , as to the only immediat superior ; and in some l that the founder should be vtterly excluded from all interest ) yet diuers lay-patrons in those elder times had , or at least challenged , in the oblations receiud from christian deuotion in their churches , an interest somewhat like to what more anciently the bishop had in the offerings made at the churches wherein hee only placed the ministers . whence the erecting of churches became , amongst some , to bee rather gainfull then deuout . for the patron would arbitrarily diuide to the incumbent , and take the rest to his own vse . this is manifested in the ii. councell of bracara , held about d.lxx. where a canon forbids the consecration of churches built not pro sanctorum patrocinio , but sub tributaria conditione , as the vse was of some places ; that is , to the end that the lay-founder might haue halfe or other part of the oblations . si quis , are the words , basilicam non pro deuotione fidei sed pro quaestu cupiditatis aedificat , vt quicquid ibi de oblatione populi colligitur , medium cum clericis diuidat , eo quod basilicam in terra sua quaestus causa condiderit , quod in aliquibus locis vsque modo dicitur fieri , hoc ergo de caetero , &c. and such a practice is titled a custom of the ancient times in an epistle m attributed to to pope damasus . and in the ix . councell of toledo about the yeer dc.lx. lay-patrons are forbidden to vse iuris proprij potestatem in church goods or lands , as if great pretence in those times had been of their right in disposition of them . and , in the imperiall capitularies of about the yeer dccc . diuers times prouision is made against such lay men as thought it had been their right only to dispose of the endowments and offerings of such churches as they were patrons of , and that the bishop should bee wholly excluded . but it fell at length that , without much difficulty , the church , what through constitutions , what through constitutions , what by their doctrine , had remedy for this vsurpation vpon the offrings solemnly consecrated to the priests at the altar . and in the following times it had been abstaind from as the playnest part of sacriledge . yet neuerthelesse , another interest , that is , the interest of patronage , and a right of disposition of the temporall endowments , which the lay founders first challenged in their new erected churches , which was a right of collation or inuestiture , whereby the incumbent might receiue full possession without ayd of bishop or other church-man , could not so easily be gotten from them , although some n imperials were prouided against it . for although no lay man could , of himselfe , make any building to bee a church , without the bishops consecration of it ( as euen among the gentils , it was carefully foreseen , that in all new temples o one of the priests solemnly holding a pillar of it in his hand , should make the dedication ) yet it being consecrated and endowed , the lay patron , in these ancient times , tooke vpon him not only the aduocationem , or aduowson ( that is , the defence or patrocinie of the incumbents title ; as officium aduocationis is vsed in the d imperials ) but also the collation by inuestiture without presentation at euery vacancy . and the right of aduowson ( wherto the other of inuestiture in those times was annext ) in some places the bishop confirmed to him by putting a robe or such like on him at the dedication . as the example q is of vlrique bishop of auspourg , in one of his dedications , about dcccc . l . where consecratione peracta as the autor sayes ) dotèque contradita comprobato illic presbytero , altaris procurationem commendauit , & ecclesiae aduocationem firmit●r legitimo haeredi , pāno imposito , commendauit . from this right of collation and inuestiture reserued by lay-patrons , the practcie came to be that parish-churches and all the temporalties annext to them , as the glebe and tithes ( and what else in succeeding times became to be endowments ) were at euery vacancy , conferd by the patrons to their new incumbents , by some ceremony , not differing from our liuerie of seisin ( which is nothing but inuestiture ; for inuestiture r is only the immediat giuing of seisin or possession ) with these words , s accipe ecclesiam , or the like . neither vpon presentation did the bishop institute , as of later time the vse had bin . and wheras , at this day , nothing passes out of the patron , or vests in the incumbent , in point of interest ( the presentation being only as a nomination , and the interest and possession being immediatly had from the acts of the bishop and archdeacon ) it was far otherwise in these elder times . for the incumbent as really , as fully , and as immediatly receiued the body of his church , his glebe & what tithes were ioynd with it , in point of interest from the patrons hand , as a lessee for life receiues his lands by the lessors liuery . whence by the phrase of the time that kind of giuing a church was stiled t commendat●o ecclesiae , that is , the lay patrons committing or liuery of the church and the endowments to the incumbent to take care of and dispose as a vsufructuary of what the patron was proprietarie , or as a tenant of that whereof hee was in the reuersion . and in such sense is commendo vsed , ioynd often with trado , in tully as , commendo , ac trado . and hence came the commenda , wherein not the title , but possession , profits , and custody of the church is cōmitted . and the difference is obuious between ecclesia titulata & commendata commendata hauing chiefe reference to the possessions . and hence was the name of benefice , for a church and endowments so giuen . for as such lands or annuities , as in the empire , were giuen for perpetuall salaries to military persons , had the name of beneficia , so , what was thus conferd vpon spirituall souldiers in the church , had afterward the like title . but , at this commendation of the temporalties so made only by the patron , the bishop indeed had the vsuall consecration of the incumbent , but nothing at all to do with the dispositiō of the church or endowments . for , the law then being that orders could not be giuen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , u sine titulo , or absolutely , but only when a title of a church , or some speciall ministery was at the same time assigned to the ordaind clerk ; all orders otherwise giuen being void , so that at euery new inuestiture a lay patron could not haue ( as at this day ) a clerk alwaies ready made for his church ; it was a necessity that for euery new inuestiture ( vnlesse a resignation of some other church had preceded ) the bishops ordination or consecration was to bee vsed , which afterward grew to be what now is institution . and although the character of orders were generall , in so much that , as now also , he that receiud them was a vniuersall priest , yet , in euery ordination , speciall expression was made of the title of the church ( that is , the saint , angell , or martyr , to whose memory the church was dedicated ; in words x to this purpose : eligimus in ordinem presbyterij &c. ad titulum s. mariae , ad ecclesiam quae est in pago illo &c. ) to denote that the end of it was that the ordained should there exercise his spirituall function , and not leaue it during life . for which a law was made also that such as were to be cōsecrated or ordaind by the bishop , should before they were ordaind by the patron in the church ( for the inuestiture or commendation was also an ordination ; and by the name of y ordinatus also , was hee denoted that was so inuested should either by oath or caution secure their continuance vpon that church only . so you must z vnderstand that in the capitularies , vt presbyteri qui in titulis consecrantur , secundum canones , antequam ordinentur promissionem , stalitatis loci illius faciant ; the vse then , it seemes , being , that clerks ordaind would at their pleasure resigne into the patrons hand ( for it is probable , that resignation a in those times , into the patrons hand , without assent of the bishop , like surrender of particular tenants to them in the reuersion , was in practice , and deuested the title of the church ; although at this day , by the canon law , it be grown cleerly otherwise ) and being then capable , without new ordination of the bishop , of any spirituall function , would take inuestiture of other churches without consent or knowledge of the bishop ; against which also , some laws b were made in the beginning of this cccc . yeers , but , with the rest , litle obeyed . from this vse of commendation , or inuestiture , it came also , that if an aduowson had descended in coparcenerie , the church had as many encumbents as the parceners had parts . singulae partes c singulos habebant presbyteros : euery of them giuing an interest in a part , according as they might haue done of any other inheritance descended vnto them . nor ( as it seemes ) from other originall then this challenged and practiced interest , came those droicts honorifiques des seigneurs es esglises ( whereof you may see the treatise lately written by matthias mareschal ) and the custome yet remaining in diuers places , especially in france , whereby the incumbent d hath not for himselfe aboue a small part of the tithes , at the arbitrarie disposition of some spirituall patron , who takes the rest ( according to this anciently practiced interest of patrons ) to his own vse . what is so allowd to the incumbent , is stiled his canonica portio ; which was , i think , e reserued to him in some grants of the archbishops of saltzburg as patrons , of their tithes , to the abbey of richersperg in the yeer m.c.xliv . neither let any man out of this , or from other autoritie in f canons , gather , that all tithes were arbitrarily disposed of by the bishop in these midle times ; which yet is falsely affirmed by some that rashly thinke , what euer a canon mentions ( because some of the clergie would haue had it so ) was a practice of the time . but the contrarie plainly and frequently appears . only as in the primitiue times , when parishes were not distinguished by limitation of ecclesiastique profits , but only by the ministers function , the bishop alone challenged , and frequently had , all offerings , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as appears in those old canons before mentioned , and especially in those of the councell g of gangra , made against the eustathians ; so also after payment of tithes grew into more vse in these midle times , he pretended by the canons ( as in the examples which wee anon haue of the turingians , and those of holtz ) a right to tithes through the whole diocese , as his parish , where no parochiall right was setled in seuerall rectors of parishes . but cleerly , in such as were once , according to secular law , made proper to this or that church , he had not , euen by the canon law that was in vse , more then his fourth , or other part , varied by seuerall customes ; and by customes or h prescription he lost it . neither was this practice of inuestitures , only in bestowing of parish churches . in monasteries and bishopriques the like was . but the increasing power of the clergie took it away wholly in the lesse churches ( sauing that in collations of free chappels , prebends , or other benefices , without parochiall cure , according to the droict de regale of the kings of i england and k france especially , in some kind it hath remained ) and much altered it in bishopriques and monasteries . it was in substance forbidden in the eighth generall l councell of constantinople ; then by decree in the councell of rome vnder gregorie the seuenth , about m.lxxviii . in words , which as well shew how the vse of inuestitures at that time remaind in many places ( for some few yeers before , it appears , they were very common among the laitie , and scarce taxed by the clergie ) as also what opinion the church had of them : quoniam inuestituras ecclesiarum contra statuta sanctorum patrum ( that is , against the many canons made against lay mens disposition of church-reuenues ) à laicis personis in multis partibus cognouimus fieri , & ex eo plurimas perturbationes in ecclesia imo ruinam sanctae religionis oriri , ex quibus christiana religio conculcatur ; decernimus vt nullus clericorum inuestituram episcopatus , vel abbatiae , vel ecclesiae de manu imperatoris vel regis vel alicuius laicae personae , viri vel feminae , suscipiat . and in the generall m councell of lateran , held in m.c.xix. vnder calixtus the second , chiefly against inuestitures , one canon is ; in parochialibus ecclesijs presbyteri per episcopos constituantur , qui eis respondeant de animarum cura , & de ijs quae ad episcopum pertinent . decimas & ecclesias à laicis non suscipiant absque consensu & voluntate episcoporum , et si ali●er presumptum fuerit canonicae vltioni subiaceant . the like was in the next generall councell vnder innocent the second . and very many other pontificiall decrees n were to the same purpose . for by this time , through the vse of giuing of orders without titles of churches ( against the old o canons ) and resignations into lay hands ; euery lay patron easily could haue a clerk capable of his benefice , and so inuest him , without so much as notice of the bishop . and , notwithstanding those decrees , both oecumenicall and pontificiall , that practice of inuestitures could not presently be taken from the laitie , although soon after that generall councell held vnder innocent the second , in m.c.xxxix . it began to be lesse frequent , and institution vpon presentation here and there succeeded it . but not long before that councell , it was much complaind against by the clergie , and stiled by o some of them , haeresis inuestiturae . others of them by no means admitting it to be an haeresie , but only a vsurpation of the rights of the church , which should not be disposed of by lay hands . besides other occurrences of inuestitures in epistles , councels , and storie of about m.c. you may see especially the epistle twixt iuo bishop of chartres , and iohn archbishop of lions , with others of godfrey abbot of vendosme ( all written about m.c.xxx. ) in which it is largely disputed of ; and in them it appears plainly , that although the church would neuer haue permitted it to the laitie , and did also sometimes extort renuntiations of it , yet the pope often regranted the right of it in france and germanie to such as had renounced it . whence also iuo concluded , that it was but a ciuill right belonging ( by their canons ) to the church , and no such thing , as of its owne nature , could not be enioyd by the laitie . but the canons gaining force , as the papall power encreased , at length , about the end of this cccc . yeers , it became wholly out of vse . for not till then was it left off ; and that the course of institutions vpon presentations was not before commonly practiced ( especially in the case of lay patrons ) appears by diuers p canons relating as much , to which i referre you . and more hereof in the english vse . by reason of these inuestitures ( wherein the glebe , tithes , and all endowments of the church , as well as the church it selfe , in point of interest or estate , passed from the patron , and at euery vacancie were in him as in the only proprietarie of them ) when appropriations in these ancient times were made , it was not only the church it selfe , or the titulus ecclesiae ( for that also , once by consecration created , was giuen by lay patrons , when the clerk had already his orders ) or the patronage , that was directly in point of interest conueyed , but withall the glebe and tithe made parochiall by grant , foundation , or custome . and the title of the church , the monasterie ( according to the patrons prouision in many appropriations ; and in others , at their pleasure ) still gaue afterward by presentation of a clerk , whom the bishop instituted . for the clergie , except bishops and such as had episcopall right by priuiledge , gaue p vsually by presentations ; these inuestitures being altogether against their canons , and but like the bishops collations . neither did any such thing follow vpon such presentation as disappropriation , in regard of the endowments or temporalties . for such was the nature of the appropriations , that the church remaind notwithstanding presentatiue . and the incumbent , that came in by presentation , had the church only vnder the name of vicar , and in anothers right , and receiued the tithes and the profit of the glebe , no otherwise then to the vse of the monasterie , in which the appropriation had setled them , as inuestiture should haue done in an incumbent . neither was the title of the church , and the endowments , so entire a thing , but that , according to the patrons interest and will , they might by the law then in practice be so seuerd . the ordinarie instruments of such appropriations plainly shew it . and all the maintenance of the incumbent was at the bountie of the monasteries allowance . and it is exprest vsually in old instruments of appropriations , that such a clerk should answer to the bishop de spiritualibus , vobis autem ( to the monasterie ) de temporalibus . which is complaind against in that of iohn of r salisburie : personatus quosdam introduxerunt , quorum iure ad alium onera , ad alium referuntur emolumenta . herewith agrees the generall s councell of lateran , held in the yeer m.c.lxxx. where the ancient course of filling churches , thus appropriated to religious houses , is commanded to be thenceforth better obserued . in ecclesijs suis quae ad eos pleno iure non pertinent ( that is , those which they held both exempt from episcopall iurisdiction , and in them had the right of institution and destitution by priuiledge ) instituendos presbyteros episcopis praesentent , vt eis quidem de plebis cura respondeant ; ipsis verò de rebus temporalibus rationem exhibeant competentem . for how euer by the canonists of later time , this in the councell , and in our appropriations , be vnderstood variously , and , for the most part , of churches whereof religious corporations had only the patronage , and according to their law , no propertie ; whence also they interprete that rationem competentem for an account only which the patrons might exact , but not for a denoting of the propertie or right that the religious houses had in the profits ; yet doubtlesse in those times , that suis ecclesijs in this and the like canons had reference to churches appropriated only , or to such as were possessed by equall right to expresse appropriation . and although innocent t the fourth , being of the ancientest writers on the decretals , rather iustifies that more common opinion ( whereof you may haue most speciall declaration in our u lindwood ) yet others , and as great lawyers of that time , expressely suppose , that the temporalties are by that passage vnderstood due and payable to the monasterie , and that not an account only was to be made of the dispensing of them . expressely x hostiensis vpon the difference of their churches held pleno iure , and not pleno iure : vbi pleno iure non pertinet , tunc habet ibi monasterium temporalia & representationem praesbyteri vicarij tantum &c. whereas if it were theirs pleno iure , they had also institution and destitution to themselues . and elsewhere likewise he makes the enioying the temporalties to be denoted by , pro rebus temporalibus debita subiectio . and so durand ( whom they call z speculator ) in his precedent for the libell , whereby a monasterie hauing founded a church , was to demand the temporalties , thus proposes the suit , cum ecclesiam illam monasterium à fundatione habuit ( for in those ancienter times the right of foundation of a church and appropriation were as a one to religious houses ) & sic per consequentiam in temporalibus sibi debeat respondere , petit temporalia in ipsa ecclesia sibi adiudicari , &c. is it not then plaine , that respondere in temporalibus denotes the taking of the temporalties to the monasteries vse ? hostiensis and durand are better authoritie to proue how the law was anciently taken , then a cart-load of the later and more barbarous . other reasons might be brought to proue this . but i presume no man will doubt it , that knowes how to examine it . i only adde this obseruation , to help cleere it , out of a bull of pope lucius the second , to the prior and canons of kenelworth , wherein licence b is giuen them , to hold their churches in proprios vsus , that is , in manu vestra ( as the words are ) retinere & earum beneficia ad proprios vsus reseruare , constitutis ibidem vicarijs & diocesano episcopo praesentatis , qui eis de spiritualibus , vobis verò de temporalibus omnibus , videlicet decimis & obuentionibus debeant respondere , dum modo vicarijs & caeteris ministris earundem ecclesiarum in necessarijs prouideatis , &c. what can be plainer , then that the phrase of respondere in the canons is here as it were purposely declared , as we haue conceiud it , according to antiquitie ? and sometimes also appropriations were made by lay men c , reseruing to themselues a ius patronatus , and ius praesentandi . but all the profits of receiud tithes and glebe were theirs , who so had the appropriations , and were dispensed at their pleasure ; and to the curats , in both kinds , as they thought fit , were some salaries giuen . which turnd afterwards oft time into vicarages that belong to such appropriations ; whence also it came , that their presentations haue been since and are now taken to be only to those vicarages , being made perpetuall ; whereas indeed , their vicars were originally presented to the whole rectorie , but had the benefit no otherwise then is before declared . the words of conueyance in appropriating commonly were , dedi & confirmaui ecclesiam de n. cum decimis , or cum decimatione , &c. whereby the church glebe and tithes passed equally , by way of interest , to the monasterie . so anciently , and at this day , manie couents , but especially the praemonstratenses , haue diuers churches continually in their owne hands . and some of the monks receiud into orders , discharged the cure. and in such instruments ( of the elder times ) as more commonly ordayned , that they should keep the church presentatiue , the church it selfe passed also it seems as well in right of propertie , as of patronage ; which sometimes also ( as is before noted ) was excepted to the grantor . examples enough are extant , wherein all this is apparant . for that more generall way of appropriating tithes ( the church still remaining presentable , which specially is pertinent hither ) you may see the grants and bulls made to the abbey d of clugny , to the abbey of e s. germans in auxerres , and many other like recited in pope innocent the third his decretals , as also the charter of henry earle of f brabant to his abbey of afflighem , neere bruxels ; of thierry earle of holland g to the abbey of egmond ; which , being but a few of a multitude , enough shew the vse of the time in conueying tithes in appropriations seuerally , and as distinct from the church ; and more are of this nature , where we speake of the english vse . and although also , confirmations and bulls of popes and bishops are sometimes added to such ancient appropriations ( as you see in an ancient h charter , by lewis the fourth , of france , in the yeere dccccxxxix . to the abbey of clugny , where the appropriations of churches and tithes , sicut per priuilegium romanum , & per scripta episcoporum ad quisierunt , are confirmed ; and in other monuments of succeeding times ) yet those were gotten by the monks , to satisfie the canons ; not to giue validitie in secular or common law , then practiced . but also some instruments of appropriations are , wherein , from bishops only , tithes of other mens lands were conueyed to monasteries ; as in that especially of athelbero , bishop of hamborough , in the yeere mcxli . i whereby he giues to the new minster in wipenthorp , then newly founded by vicelin , in the territorie of holst , eiusdem villae decimam cum aliarum quarundum villarum subter positarum decimis , veluti in villa stauera , horgan , bra●htenuelde , tuenthorp , godeland , wlmersthorp , boienbutle , husberg , cumerueld , padenworth , withorp , padenstede , bulligstede , sed & alias decimas iuxta fluuium gestere in vtroque littore à villa elmeshorne vsque ad lacum wicflet , &c. with diuers other . and by another charter , dated mcxlvi . he giues to the same monasterie other tithes of great value ; and some of his successors k follow his example . if you question how the bishop came to haue power to make these grants , eyther in regard of parochiall curats by the canon law , or of the lay owners interest , according to the practice of the time ; know , that in this and most of the bishoprique of germanie especially ( which began with the christianitie of the dioceses , about , or since the beginning of the french empire ) the right of tithes , through those dioceses , was challenged by the bishops onely ( and that iustly enough by the lawes of the empire , which presently are related ) because the parishes being not limited , nor indeed christianitie so at first setled , that they could haue beene well assigned to parochiall curats , the bishops were the true and immediat parochiall and ministring rectors in their bishop●iques . and although afterward , parish churches were founded , yet to them they would not resigne their ancient right in tithes , which from their first function there , they had eyther enioyed , or still pretended to , both in regard of the value of them , as also because euery founded church was to be otherwise endowed with manse and glebe . neither had it beene altogether safe among so obstinate a people ( which could scarce by any means be brought to pay any tenths ) to haue permitted euery parish rector afterward to haue demanded them , or taught them due to himselfe . for to such as had both at once receiued the doctrine of the faith , and the declaration of the right of tithes due to the ministers ( which were only , when they receiued it , the bishops ; if you respect only , as you must , the ministers setled among them ) it might haue seemd a different doctrine , to haue afterward taught them due to any inferior part of the hierarchie ; especially in the weaker yeeres of that church . hence is it , that the archbishop of l mentz claimed all the tithes in turingia , the bishop of m lubek , of n saltzburg , and others , the tithes of their dioceses . and hence only those of hamborough so liberally dispose of them . neither could any of these reasons so well haue place in other countries . for ( except in germanie , and those more northerne parts ) christianitie was in most places of europe , it seems , so established , and the hierarchie of bishops and parochiall rectors so setled , before any common doctrine or generall law , for payment of tithes , was so diuulged ( for a thing of necessarie obseruation ) in the church , that when it came after to be commaunded , it could not be , in any conceit , better ordered , then according to the diuision of limited parishes . and , those wanting at the time when the faith , and the doctrine and laws of tithes , came first into those parts , how could it on ( the other side ) fall out , but that they should be taught due only to the bishopriques ? which opinion also , it is no wonder , that those bishops should be willing to preserue and continue , after parishes were there diuided , and after tithes came at length to be paid them . for long they preached , and much stirre was about it , before they could get a vsuall payment of them . neither need you mistrust , that their right to tithes , so cleerely pretended in the appropriations by the bishops of hamborough , was onely from the episcopall right which the canonists allow , o in case where the lands , wherein the tithes encrease , are not assigned to any one parish church . the contrarie thereof appears enough in other conueyances made to the same monasterie ; in which the same bishop athelbero , first in mcxlii . appropriats to it the parish church of bishorst vpon albis , cum banno fimul & cum omnibus appendicijs eius acquisitis , vel ac quirendis , and with the largest bountie , that the thing giuen might carrie with it . but afterward , in mcxlvi . hee graunts to it also a good part of the tithes within the banne and precinct assigned to the same church ; which plainely shewes , that he graunted tithes of lands , alreadie assigned to parishes . for his parish churches and their profits were no other , then what foundations , speciall endowments , and the offerings of the parishioners , within their banne or limits , had made them . which is well iustified by an old rimer , that in verse , which would grieue apollo's heart to heare , sings athelbero's liberalitie to the monasterie , and expresses the tithes of foureteen villages , and other places giuen by him , and then comes to two churches ( that he afterward appropriated to it ) bishorst and ichorst , and names them only as they had bannes or limits and parishioners ; as bishorst cum bannis , bannos cum parochianis ichorst cum bannis , bannos cum parochianis . and then addes , et bishorstensis decimatio tota paludis additur & quaeque fratrum labor occupat aequè . where you see , hee diligently remembers also an exemption giuen to it by that bishop : which could hardly haue been , if the generall right of tithes had not beene supposed in him . but out of these things you may probably collect , that by this time ( that is diuers yeeres before the end of these cccc . yeeres ) in some of those northern churches , tenths were payd more iustly , according to the desire of the clergie , then in other places ; where you shal find arbitrarie consecrations by lay men , continuing till about mcc.. for if the bishop had not had these tithes payd , but had pretended only right in them , his bountie to the monasterie had been to litle purpose . so in the diocese of oldenburg , about mclx. payment was duely , it seems , made to the bishop by all , sauing those which had improued the deserts of wagria , which could by no means be brought to it . decimas ex more q soluere recusauerunt , sayes krantzius ; being yet readie to giue a competent part of their encrease . and although gerold the bishop and count adolph ioyned together ; the one with perswasion ( wherein he pretended to them exempla , as the same author writes , ecclesiarum omnium & praesertìm proximarum , and told them of diuinum de decimis praeceptum : ) the other with power , to make them tithe their profits ; yet they vtterly refused , and with tumult and clamors made open profession , seruili conditioni nunquam se colla submissuros , per quam omne christicolarum genus pontificum pressurâ laboret . neither were the danes in those ages easier to be brought to the payment of tithes to the church . indeed they so much abhorred it , that no greater cause was , why they barbarously betrayed and murdered their king knout r the fourth , then that hee would haue imposed it . and about the yeere mclxxx . vnder king waldemur the first , absalon bishop of lunden would haue had them all paid their tithes , and that vnder paine of an interdict to continue against them : but they stoutly refused , and answered by publique message to the clergie , that notwithstanding the interdict , they should carefully minister diuine seruice and sacraments , or els depart the countrey : if they did neither , non solùm rerum amissionem sed membrorum etiam truncationem demorarentur . and it is well noted by krantzius , that the northern nations generally , were very hardly brought to pay ▪ but after continuall and earnest doctrine of the church , and command of princes , at length many of them yeelded ; that is , as may be coniectured , in the first halfe of the yeer mcc . through the frequent vse of those arbitrarie consecrations , and those appropriations , churches with their tithes , and tithes of seuerall possessions , were in exceeding number established in monasteries , as well of nunnes as monkes . the tithes of lx. of lxxx . or more parishes , were by those courses , annext sometime to one monasterie ; which the head and couent possessed , not as any part , or as pretending themselues to be any part of that clergie which made vp the euangelicall priesthood , or deserued them by ministring diuine seruice and sacraments to the owners . for indeed , diuers of these appropriated tithes were out of such lands as lay so distant from the monasteries , not in other dioceses only , but also in other kingdomes , that the owners neuer saw or knew the monks , or their cloister , nor otherwise heard of them , but by their cellarars or prouosts that exacted payment . whereupon it was in time of our edward the third affirmed in a petition in parliament , that aliens ( which by reason of appropriations made to their houses beyond the seas , or to their priories or cells in this kingdome , or the like ) did so deuoure the salaries due to parish curats , and so neglect the diuine seruice which they should haue taken care for in euery parish , that they did more hurt to holy church , then all the iewes and saracens of the world . which might haue been well applicable to some kind of non-residence of denizens also . but the religious persons iustified their consuming this ecclesiastique reuenue by reason only of their prayers , their tears , their psalmes , their almes , and the like exercises of deuotion ; beside their maintenance of curats with arbitrarie salaries , in the parish-churches appropriated to them . which is at large seene in an epistle of peter abbot of clugny to s. bernard abbot of the cistercian order at clareuaulx , about the monks of clugny their possessing of a large number of parochiall tithes . the cistercians had made diuers complaints against them , and one was vpon this verie point , in these words : ecclesiarum s parochialium , primitiarum & decimarum possessiones quae ratio vobis contulit ? cum haec omnia non ad monachos , sed ad clericos , canonica sanctione , pertineant ; illis quippe quorum officij est baptizare & praedicare & reliqua quae ad animarum pertinent salutem gerere , haec concessa sunt , vt non sit eis necesse implicari saecularibus negotijs ; sed quia in ecclesia laborant in ecclesia viuant . hereto , among diuers other imputations , the abbot of clugny answers , and giues his reason for their enioying of tithes , thus : quia monachi ex maxima parte fidelium saluti inuigilant , licet sacramenta minime ministrant , estimamus ipsorum primitias , decimas & oblationes , & quaeque beneficia eos dignè posse suscipere , quoniam & reliqua populo christiano à presbyteris ( that is , by the curats which they maintaind ) faciunt exhiberi . and another of great note before this abbots time , pretends speciall charitie towards the poor , for sufficient reason why monasteries and hermitages had tithes giuen them : vt copiosiora ( saith t he ) alimenta proficiant , dantur in monasterijs & eremis decimae quorunque prouentuum , & non modo pecorum sed & u ornicum pariter & ouorum . the same reasons hold in iustifying of appropriations to nunneries , where the persons are not capable of the ministerie . and among examples of the age , take this one for some confirmation , in these elder times , of the right which monks pretended to them . in the yeere mlix . a great x controuersie fell between meginher abbot of herfeildi , and burchard bishop of halberstadt , about tithes of large territories in saxonie , appropriated to the abbey . the abbot stood vpon the appropriation ; the bishop vpon his episcopall right , which by the canon law is , and anciently was , the same with parochiall , in places not limited to any certain parishes . the bishops greatnesse with the iudges of both lawes , made the abbot so despaire of successe in the suit , that he prosecuted no further ; but withall , summoned the bishop to appeare before the almightie in his iudgement-seat , within some few daies there to answer in the same action ; and verie soon after departed this life . not many daies interceded , but the bishop riding towards the court where this suit had depended , to dispatch some proceedings touching it , suddainly fell from his horse very sick ; and being carried into his inne , gaue most strict charge ( as one diuinely moued ) that the abbey should haue restitution and quiet possession of those tithes for euer ; and admonisht them all , that were by , that who euer had been parties with him in that oppression against the abbey , should by the like iudgement from heauen , suffer as he did ; confessing to the two bishops of magdeburg and hildenesheim ( then visiting him ) that he was now called , according to the abbots summons , to answere his exaction of the appropriated tithes , before the iudgement seat of the almightie : and soon after , hee most miserably died ; vto his arch-priest , who had been his great instrument in the suit , the same yeere suddainly following him . but how euer either the vsuall practice , or this example wrought ; a yeer or two after , this questioning of tithes vpon episcopall right ( that is , vpon pretence that all tithes of euery diocese were due to the bishop , as to the rector of a great parish ; for such a right was most specially pretended by bishops in germanie , as is alreadie declared , and that both against appropriations & arbitrarie consecrations ) bred most perillous disturbances of state , and of no small consequent in those parts . for in the yeere mlxii . when otho succeeded his brother william in the marquisat of turingia , sigifrid archbishop of mentz denied him the relieuing of his fiefs held of the archbishoprique , vnlesse hee would giue him all the tenths of his demesnes , and compell all the tenants of his marqusat to doe the like . this was exceedingly distasted by the turingians , insomuch , that they openly profest , they would sooner lose their liues , quàm patrum suorum legitima amittere ; that is , then part with their ancestrell right of detaining , or disposition of tithes , according to their vse , either of infeodations or appropriations . so you must of necessitie vnderstand it ; and other passages in the author ( lambert of schaffnaburg , then liuing , who relates it ) make that sense of it plaine . neither was this otho , for as much as in him lay , wanting to the archbishops request . but in the yeere mlxvii . vpon his death , hee left ioy enough to his countrey men , in regard of that his yeelding about the tenths , which none of his ancestors had giuen example of . but in him it was the chiefe seminarie , as the monke sayes , of the many calamities suffered in the saxon warre of that time . great disputation of canonists followed some six yeeres after , in a councell held , about this episcopall right , in erpesfurt , where not only the tithes of lay men were called y in question , but tithes appropriated to the abbeyes of fulda and herfeldt , and of all their possessions , were challenged by the archbishop ; his canonists vehemently disputing for him ; and the emperor henry the fourth , who much inuaded the rights of the church , vrging him forward , that indeed hee might haue had a moitie with him . at length , the abbots diuided with the bishop by a speciall transaction ; and , when they yeelded , the lay men , seruing the time , agreed to giue him theirs also . but presently the exaction of them ceased . hoc anno ( mlxxiii . ) post exortum bellum saxonicum ( sayes the monke ) nulla deinceps exactio facta est decimarum in turingia ; gaudentibus turingis quod occasionem inuenissent , vt traditas sibi à patribus leges manu militari tuerentur . and although the archbishop againe questiond it , no successe followed . of appropriations of tithes , hitherto . iv. the vse of infeodations , or conueyances of the perpetuall right of tithes into lay hands , is rememberd by peeter damian , that complaind of it to pope alexander the second , about the yeer mlx. insuper etiam & decimae ( saith z he ) ac plebes adduntur in beneficium saecularibus . where plebes is taken for parish churches , as it is often vsed in the old canons : and they are the same , to this purpose , with parochial tithes and temporalties ; although literally , they interpret only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , the lay people of the parish , or those of whom the cure is ; which word is often for plebes in the greek canons of the african church . the originall of the practice of these infeodations of tithes appears not in old moniments . those which referre them to the time of charles martell , or a any age neer him , are in grosse error ; neither is any mention of them , for the space of about ccc . yeeres after him . lands and monasteries consecrated , were b about those times of martell often possest by the laitie , and often wrongfully , as the storie of him , carloman , and their successors , plentifully discouer . and thereof enough in the former chapter . but no tithes in those times were infeodated , as also is iudiciously obserued and taught by the learned stephen c pasquier , aduocat generall en la chambre des comptes , whose diligence yet failes , when he confidently deliuers , that these infeodations began about the time of the holy warres that were between mxc. and mc . the contrarie appeares plainely , not only in that of peeter damian , who liued long before , but also in the counell of lateran , held in mlxxviii . where this canon is , decimas quas in vsum pietatis concessas esse canonica authoritas demonstrat , à laicis possideri apostolicâ authoritate prohibemus . siue enim ab episcopis vel regibus , vel quibuslibet personis eas acceperint , nisi ecclesiae reddiderint , sciant se sacrilegij crimen incurrere : which in the same syllables is iterated in the generall councell of lateran , held in m.c.xxxix . vnder innocent the second . but in the first you see cleerly , that infeodations of tithes were ancienter then the holy warres : which is plainely confirmed also by the councell of cleremont , held in mxcv . by vrban the second ; where it was forbidden , that lay men should thenceforth altaria vel ecclesias sibi retinere , that is , keep churches and consecrated tithes in their owne hands . for so was the common d signification of altaria at that time in france . and obserue there withall , that they had beene practiced not alone by lay men , but by bishops also ; as is declared in peeter damians e complaint against them for it . likewise it seems , religious orders made fiefs or tenements of tithes f for lay men . testimonie of these infeodations are very frequent in the canon law , which commonly-stiles the tithes so conueyed into lay hands , decimae laicis in feudum concessae , and feudales , and infeudatae , that is , feudall tithes , or as the french lawyers call them , dixmes infeodees . and to this day these infeudations remaine ; especially in france and spaine , and also elsewhere . neither are the tithes so possest , other then meere lay possessions , and determinable before the secular iudge . but thereof , more in the practice of the next cccc . yeeres , in which the ancient infeodations haue continued . but since the yeere m.c.lxxx. none could , in france especially , be newly created ; that is , no lay man might thenc●forth begin infeodations of tithes parochially due by the canons . so was it ordained in the generall councell of lateran then held , in these words : prohibemus g ne laici decimas cum animarum suarum periculo detinentes in alios laicos possint aliquo modo transferre . si quis verò receperit & ecclesiae non reddiderit , christianâ sepulturâ priuetur . so hath the continuall practice ( which in such a case is the best interpreter ) since been in that countrey , which hath receiued this canon for a binding law. neither is it h otherwise to be vnderstood ; how euer diuers of the later canonists , with ignorance enough , draw it to a different sense , and oppose it against the right of all feudall tithes , being ancienter then the councell , and since passed ouer into lay hands . and whereas they commonly suppose , that all these ancient feudall tithes were at first spirituall , and transferred from church-men ( at the request of princes ) into lay hands , and since wrongfully detained ; surely it is an error . neither is there any ancient warrant sufficient for it : many of them were doubtlesse created by lay mens grants , as rents-charge , estouers , turbaries , and the like are . who can doubt of it , that obserues but alone this canon prohibemus ? whence also may be strongly inferd , that the greater number of infeudations were through grants made by lay men to lay men , as consecrations were , at their pleasure , made to churches . for what is there only forbidden by the councell , may be thought the greatest and most preiudiciall practice of the time against the profit of the clergie . neither is any prouision there made against the other kind of infeudations , which passe tithes from church-men . and although the words & ecclesiae non reddiderit , in the canon ( and in the bodie of the same councell , in roger of houeden ) seeme to suppose , as if it had been made for such tithes as had been taken from the church ; yet indeed , the truer reading is tradiderit , as appears in the bodie of that councell first fully publisht out of the vatican , in the last tome of the generall councells printed at rome by command of the present pope paul the fift ; wherewith agrees other editions , but of lesse authoritie . and perhaps also some old infeodations were made by lay patrons in the vacancie of their churches , by the same challenged right as they alone made appropriations . for , as by our common law , the patron and the bishop may in the time of vacancie dispose of the endowments ( as by the canon law also , if the chapters consent , or the popes , be had ; ) so in those elder times , vpon equall reason , when the patron had the only disposition and interest of the church ( as is alreadie shewd ) he alone sometimes granted any part , at his choise , it seems , to lay or clergie men . why not any part as well as all ? and that patrons granted whole churches into lay hands , appears by diuers passages in flodoards rhemish historie , by that before cited out of damian , and by the generall councell of lateran , vnder innocent the second ; where it is ordained , that they should be restored from the lay men to the disposition of the bishops . and an example is extant among the records of the i monasterie of egmond in holland ; wherein charles king of france ( who is commonly therein taken for charles the bald ; but douza thinks it to be rather charles the simple , and made about d.cccc. and is thereto perswaded by synchronisme , the best triall of such truths ) recites , that hagano , one of his nobles , humbly requested of him for thierry ( the first earle of holland ) quasdam res ; ecclesiam videlicet hecmunde , cum omnibus ad eam iure pertinentibus à loco qui dicitur zwtherdes haghe vsque ad fortrapa & kinn●m , &c. which by patent hee grants him in fee , & vt libere haec omnia teneat atque possideat , habeat que de his potestatem iuxta libitum suum ordinandi seu saciendi . if the church it selfe of egmund ( the parish church ; for it was then no abbey , but afterward made one by that thierry ) passed not by this patent into lay hands , i sufficiently vnderstand it not . neither is it spoken of , but as what might , according to the vse of that time , be cleerly made a lay fee. through these kind of grants , practiced both by lay & clergie men , princes , and priuat persons , the ancient infeodations of tithes had their originall , as well as by leases from the church ; and not by imposition of tenths by princes , as some k haue ignorantly coniectured ; although also it be certaine , that princes sometimes ioyned l with the bishops to bring in the payment of tithes , that thereby themselues might haue beneficiall infeodations of them from the church . but as princes made infeodations out of their owne demesnes , or their owne churches ; so other priuat lay persons . and the clergie , sometimes of tithes alreadie vested in them ; and sometimes , it seems , out of their demesnes . and perhaps especially religious persons , exempted from payment by bulls , made some out of their owne demesnes , as may be coniectured out of a decree m of pope alexander the fourth , that speaks particularly of infeodations made à religiosis exemptis & alijs . and for example of tithes alreadie possessed , and thus granted by the church , you may specially see that of engelbert count of goritz , who had an infeodation n anciently from the church of trieste , in the patriarchat of aquilegia . and henrie count of ratzenbourg o had an infeodation of all the tithes which were paid to the church in his territorie , from the bishop of oldenbourg . so one hildeward had one in the p diocese of hamborough , and surrenderd it to baldwin archbishop there , about m.c.lxxiv . but examples of them were q very many , the dissike whereof was one speciall cause , pretended by those of the deserts of wagria in holst , about m.c.lxx. why they would pay no tithes . praeterea ( sayes r krantzius ) & hoc adiecerunt , non multùm a veritate aberrantes , quòd omnes paenè decimae in luxus cesserint hominum saecularium . to these testimonies , of lay mens arbitrarie detaining , disposing , or receiuing of tithes in those elder ages , you may adde s bernardus morlanensis ( an english monke of clugny , about king stephen ) his complaint of non-payment to the clergie . thus speaks he in his affected forme of verses . rusticus hordea , mittit in horrea , farra recondit . horrea grandia , vasa capacia multaque condit . nec pecus aut sata dante deo data vult decimare . nec sacra portio , nec decimatio redditur arae . v. the like libertie as lay men had enioied ( in not subiecting themselues to the payment of tithes , according to the laws of the church , but bestowing or retaining them at their own wills in most places , euen from the beginning of christianitie , vntill about the yeer m.cc. ) was another way purchased , for some time , by religious houses , so to discharge themselues of censure of the canons , and that by exemptions or papall priuilege . for howeuer the laitie iustified themselues by their secular right , admitting of canons that toucht their estates , but as they saw cause in their own iudgments ; yet religious persons , who were alwayes of the pontificiall side , and reckond in the catalogue of the clergie , and possessed diuers large territories , durst not so oppose what was ordaind either by decree at rome , or in synods generall or prouinciall . therefore when from the beginning of this age , both doctrine and canons ( of which more presently ) had made the dutie of tithes of a known right among the clergie ; clergie men became somwhat strict obseruers of the payment , as you see plainly in that before cited out of godfrey abbot of vendosme , with whom peeter abbot of clugny agrees . and , although a canons be in burchard , iuo , and gratian , referd to , i know not what ancient councell of chalons or mentz , whereby lands , occupyed by bishops or abbots , seem to be discharged ; according to which also , another decree is found in the vatican , annext to some councels of pope vrban the second , yet it seems by the autoritie of those abbots and other testimonie , that they were not practiced as church laws . but what some of the clergie durst not do for the canons , they had licence for by exemptions from the pope . and , beside those other canons ; from b paschal the second , about m.c. there was granted to all religious persons , a speciall discharge from tithes . but it seems also that this exemption soon took not force in execution . for it was made diuers yeers before those two abbots wrote , and ( if i vnderstand them ) expresly affirmd the common practice of the contrarie . and in an instrument of composition twixt the templars c and praemonstratenses in the yeer m.c.xlii . one speciall article was , that , nullus in vtroque ordine , alter ab altero , tam de nutrimentis , quam de laboribus decimas exiget vel accipiet . whence some inference might be that no cleer exemption preceded ( at least in force and practice ) for both . but howeuer , afterward about m.c.l. most of all the religious orders were d exempted , by pontificiall priuilege , from payment out of possessions kept in their owne occupation , which pope hadrian the fourth ( about that time ) restraind to the cistercians , templars , and hospitalars , and decreed that all other religious orders should pay tithe of whatsoeuer encrease they had in their own occupation , sauing of e new improuements by culture , of pasture for their cattell and of garden fruits . but neither were they by these exemptions , freed from payment of tithes , which were taught due only by common right to the church . they were discharged also from such as had formerly been f consecrated out of their possessions , by their founders or benefactors , to other churches , ouer which also the pope challenged supreme autoritie in disposition of their reuenues . but the laytie would not permit such exemptions to extend to their infeodations . milites galliarum , sayes peeter of blois , speaking of the cistercians , sibi ius decimationis vsurpant , nec vestris priuilegijs deferentes , eas à vobis potenter extorquent . but , that of those three orders . was afterward in the yeer m.cc.xv. in the generall councell of lateran , limited to such lands as they g had before that councell purchased . where obserue by the way , that exemptions were then chiefly allowd to two orders , which are not properly to be reckond amongst any part of the clergie , or ecclesiastique persons . for the templars and hospitalars were deuout souldiers only , neither could h they iustifie their enioying of tithes , either through exemption from the pope or consecrations from the laytie , by the reasons which other cloister monks vsed . their prayers , or deuotions in priuat , were not the seruices expected from them in the church ; but their swords and valour only gaue the desert , as at this day may be truly affirmed of the hospitalars or knights of st. iohns of hierusalem , which being now , as in those ancient times they were , only souldiers of the church , haue therefore been diuers times lately i adiudged in the court of aides in paris to be no part of the clergie . but also , by the succeeding popes , other like priuileges were granted to k bishops , abbots , and at their pleasure . but of the practice of these cccc . yeers , thus much . vi. of the opinions left in the moniments of the clergy , both touching the right of tithes , and those practices , next briefly . very frequent are the testimonies in the old councels of about the beginning of these cccc . yeers , in which tithes are spoken o● as due generally by gods ordinance . as , decimas deo dari omnino non negligatur , quas deus sibi dari constituit , quia timendum est , vt quisquis deo debitum suum abstrahit , ne forte deus per peccatum suum auferat ei necessaria sua , which occurres in the prouinciall councell of mentz held in dccc.xiii . and is iterated in some other succeeding of the same prouince , & in the m capitularies . and it is ordinarily grounded vpon the leuiticall laws ( which are obuiously cited for the right of tithes in the very n syllables of moses ) but somtimes also on abrahams & iacobs examples , as in walafrid strabo , that liud about dccc.xl . whose words are , decimas deo & sacerdotibus d●i dandas abraham factis , iacob promissis insinuat , deinde lex statuit & omnes doctores sancti commemorant ; the self same being n referd also to one of the councels of mentz of those times . and res o dominicae and dominica p substantia and dei q census , and the like are the attributes giuen to tithes , by the ancients of this age , which also they stile r patrimonia pauperum , and tributa egentium animarum , and stipendia pauperum , hospitum , peregrinum ; whence also the clergie was not to vse them quasi suis sed quasi commendatis , as the words are of the councell of nantes , held about the former part of these cccc . yeers . and pope alexander the third in an epistle s to the archbishop of rheimes , sayes , non ab hominibus sed ab ipso deo sunt institutae . and in another to the bishop of amiens , he calls them sanctuarium . and caelestin t the third ; fidelis homo de omnibus quae licite potest acquirere , decimas erogare tenetur after him , innocent the third ; decimas deus in signum vniuersalis dominij sibi reddi praecepit suas esse decimas & primitias asseuerans . and his generall councell of u lateran agrees with him . and it appears that s. vlrique bishop of auspurg about the yeer dcccc . l . in his visitations had especially this article of inquirie ; x si decimas recte darent ; which shews his opinion that they were generally due . with these take the autoritie of the poenitentials exercised by the clergie in that age , by which , strict examination was to be made at shrifts , whether the penitent had paid all kind of tithes , in these words . hast thou at any time neglected to pay thy tenths to god , which god himselfe hath ordained to be giuen him ? or if thou hast done so or consented to the defrauding of the church therein , first restore to god four-fold : and then must thou suffer penance with bread and water only , for twentie dayes . so it is deliuerd in y burchard bishop of wormes , that collected the canons about the yeer m. neither was any difference in the nature of the encrease by the common opinion of this time . the tenth of z all , aswell of all kind of personall as prediall , was taught due . neither find i any man in this age that by doctrine expresly opposed any of this , sauing only that french leutardus , who about the yeer m. held the payment of them necessarie . decimas a dare , dicebat omnimodis esse superfluum & inane . but also other opinions he had , that being against the vsuall doctrine of the church , gaue him the name of heretique , which he kept till his miserable death . this may suffice for the expresse testimonies of opinion of this cccc . yeers touching the generall right of tithes . but although this opinion be so frequently deliuered in such termes as may denote the tenth due by gods law , ( that is , as it should at first sight seem , by the diuine morall law , or the diuine naturall law , which should bind all men and euer , and are to this purpose both one ) ye it is plain , by so much of the practice of the laitie as the clergie commonly allowd of , and by the generall opinion of the time , that the persons held capable of them , were not only the labouring priesthood or ministering clergie . the disposition of them in perpetual right to monks , nunnes , the poor in hospitalls , to religious orders of knights , and that out of one prouince or kingdome whatsoeuer into any other , in this time was allowd cleerly in practice ; and according to that practice they were enioied . and the clergie also generally agreed , that , by their canonicall forme of conueyance , tithes might be giuen ( although some ancient b canons were for parochiall right ) to any church , to monasteries , hospitalls , reliefe of poor or sick : that is , as c iuo bishop of chartres ( being a great canonist about m.c.xxx. ) in his iustifying the right of tithes expresses it ; decimas & fidelium oblationes ecclesiae ( so you must read , and so is his d ms. copie ) lex caritatis communicare potest non tantum monasterijs sed etiam xenodochijs , infirmis & peregrinis . for , saith he , licet decimae & oblationes principaliter clericali debeantur militiae , potest , tamen , ecclesia omne quod habet cum omnibus pauperibus habere commune . but this might not be done , as they would haue it , by the lay owner only . for he well addes , that neuerthelesse no monasterie might , by the e canons , lawfully receiue a conueyance of tithes , ab illis ad quos non pertinet , id est à laicis . yet you see cleerly that monasteries and other churches did receiue them from lay men , and continually enioyd them . so that the chiefest difference twixt the laitie and clergie herein came to be , who should dispose or conuey the tenths ( according as they varied also about inuestitures ) not what persons ( sauing in the vse of infeodations ) might haue a perpetuall right in them . and in that difference the clergie yeelded so frequently in receiuing , allowing and confirming arbitrarie conueyances ( as is before shewd ) of tithes , no otherwise then as of houses or glebe , to monks , nunnes , or churches farre distant ; that if they held them due to the labouring and parochiall minister ( were he bishop or other ) by the diuine morall law , they did in this no lesse then commit against their own consciences , and exercise a kind of continuall and fearfull sacrilege . and indeed it appears that it was expresly held against the diuine law , to conuey tithes to any other church then where the owner vsed most commonly to receiue his soules food . for the clergie in a petition to the emperor lewes the second , in the councell of pauia in dccc.lv . confidently affirmed that it was generally taken , that such a conueyance to another church pro libitu was aswell diuinae legi , as sacris canonibus contrarium . but then cleerly also , the chiefest practice of these cccc . yeers was herein contrarie to the diuine law ; a strange imputation to lay on the time , if at lest diuine law there , & deus praecepit , and deus constituit , & the like in their other pasages for tithes , denoted the diuine moral law. but if you so vnderstand it , how could that lex charitatis , that iuo speaks of , so dispense with it ? and with what colour could the church so frequently practice against it , or pretend arbitrarie consecrations to be so meritorious ? but for an interpretation of their meaning , by shewing how others conceiue that lex diuina here , look in the next cccc . yeeres . as for exemptions ; some complaints were made against them by such as lost by them ; as you may g see by the monks of clugny , complaining against the cistercians , and by peeter of blois . but out of them also may be collected , that the generall opinion of the age was not , that they were due by the diuine morall law. was rome , in those ancient times so bold to grant so many dispensations expressely against the diuine morall law ? yet also iohn h bishop of chartres , in those times , found much fault with the exemptions giuen to religious persons . miror ( saith he ) vt fidelium pace loquar , quodnam sit quod decimas & iura aliena vsurpare non erubescunt . inquient fortè religiosi sumus . planè decimas soluere religionis pars est . and more to this purpose you may find in him , where he tells you , that these exemptions did derogare constitutioni diuinae . but the clergie generally was much against the vse of infeodations of tithes and churches into lay hands , although it were practiced by some bishops and religious houses ; who committed strangely , if they were also of opinion , that the right of tithes was due to the priesthood immediatly from the morall law. quid est enim ( saith peeter i damian ) decimas in vsum saecularium vertere , nisi mortiferum , eis virus , quo pereant , exhibere ? hinc accidit quod & plebesanis iusta detur occasio , vt matricibus suis ecclesijs obedientiam subtrahant , vt non eis legitima decimarum persoluant . and alexander the third directed the bishop of amiens to k decree , that a gift of a tithe by an abbot into a lay hand , was void , quoniam sanctuarium de iure haereditario possideri non debet . but these are only against conueyances of tithes alreadie consecrated to churches , and so hallowed . but , such as were by their first creation infeodated to lay men , can no more be accounted ( in their own nature ) differing from other temporall and lay possessions , then rents-charge , estouers , the tenth sheaf , or the like at this day granted in fee by one lay man to another . neither indeed was the churches right ( what euer it were ) to her tithes properly diminished by such grants . for if , at this day , the owner grant the tenth sheaf of lands titheable , to a lay man , may not the grant be good , as a charge out of the land ? and yet the church there hath her right as before . but the truth , it seems , was , that in those elder times , lay men that had created a tenth into lay hands , rarely , or not at all , paid any to the church ; and those infeodations , once made , gaue them greater pretence , of with-holding what the church demanded : as if it had been enough to say , they must not , could not , pay two tenths out of their land ; and that if a tenth were once created to any man , nothing els might be exacted vnder the like name . the same may bee thought on in consecrations to monasteries . for if tithes had been held generally due and paid parochially ( as now ) then cleerly , although a lay man had granted a tenth to another church or monasterie , what other soeuer had been due parochially , had , l notwithstanding the grant , still remaind payable to the parson . how could it haue been otherwise ? and so no small number of doubly-paid tithes had remaind at this day . vii . the laws made in this time for payment of tithes , were imperiall , prouinciall , and pontificiall . the first of the imperiall , was made by charles the great , in a generall assembly of estates , both spirituall and temporall , vnder him , in the xi . yeer of his reigne ouer france and germanie , and in the yeere of our sauiour , dcc.lxxviii . it was there ordaind , vt vnus quisque m suam decimam donet ; at que per iussionem episcopi sui ▪ ( or pontificis , as some copies are ) dispensetur . which law indeed , with diuers other , for true payment of tithes , were generally made by him before his empire , which began not till the yeere dccc . yet because this was in the same termes receiued into those capitularies collected by benedictus leuita , as from him being emperor , it may well enough be titled imperiall , and it is the first to this purpose extant , which can be at all stiled generall , and was ordained by both powers , secular and spirituall , to any whole state : vnlesse you will beleeue , that in scotland a law was established by king congallus and his clergie , about d.lxx. after christ , for the generall payment of tithes there , according as n hector boetius hath related . congallus , indeed , is by others affirmed to haue been verie carefull for the clergies maintenance . but it will , i think , fall out to be too bold an assertion of that faining hector , who often , as it were , makes laws for the scotish kings , that hee may relate them ; or else hee was deceiud by them from whom hee took it . no good authoritie can iustifie such particulars of that age there . neither is it to be receiud otherwise then as fabulous , and proceeding out of that common mistaking of ancient passages of church-reuenues , and confident ( but ignorant ) application of them to tithes . but from that law of charles the great was that exaction of tithes , spoken of before by alchwin ; and thence are tithes , in ansegisus his collection of his imperialls , so frequently mentioned , as of known right ; and hence also had the title of the german bishops , before spoken of , its originall . those capitularies , both of ansegisus and leuita , were collected by them about the yeer d. ccc.xl . in both of which , frequent constitutions are for tithes , and for the o parochiall right also of them . yet with them also take the constitutions of charles the great , about the same time collected , but published by vitus amerpachius in the yeer m.d.xlv . as also others occurring in the collection of melchior goldaflus . these , together with the lawes of the lumbards , haue very many constitutions of about the beginning of these cccc . yeers for this purpose ; and one only shall suffice to be here transcribed . de decimis p quas populus dare non vult , nisi quolibet modo ab eo redimantur ; ab episcopis prohibendum est ne fiat : & si quis contemtor inuentus fuerit ; si noster homo fuerit ad praesentiam nostram venire compellatur , caeteri vero destringantur vt inuiti ecclesiae restituant quae voluntarie dare neglexerunt . this was made either by charles , or lewes the first . but it is falsely referd to the emperor lothar , in the laws of the lumbards . it was prouided you see against such as would not giue their tithes , vnlesse they were purchased of them for valuable consideration . but the effect that these lawes had , was short ; the laitie soon disobeying such commands as diminished their reuenues . and it enough appears in the storie of about the yeere q dccc.xlv . that little or no practice was of any of those lawes of the capitularies , in behalfe of the clergie ; nothing being more frequent , then not only the denying them what they would haue had , but also the taking from them what they otherwise possessed . nor could they haue sufficient remedie for it , either in the councell of meaulx , where , vnder lothar the first , they humbly sought it , or long afterward , as is manifest in the moniments of the succeeding ages . but by the way , whereas some ( both strangers , and of our own countrey men ) out of the ioint mention of nona and decima in those imperiall capitularies of charles and lewes the first , fetch an example of a ninth paid to the church as well as a tenth , and bring it as a character of the times deuotion ; as if the tenth had not then been thought enough , vnlesse a ninth also , like a second tenth , had been offered ; it is a ridiculous error , and proceeds from grosse ignorance of the common lawes , storie , councels , and vse of that age . the ninth and tenth there spoken of , were only the rent due from the tenants of church lands by the ordinarie reseruation of the tenth , as of what was held , by many , of it selfe due to the clergie , and of the ninth , as of the rent or consideration to be giuen to them as to lessors for the receiued profits . so will it plainly appear in a multitude of old r autorities , to which i refer you . neither was the ninth here thought due otherwise , then as among the ancient bauarians , the tenth only from occupiers of church lands . the tenth of the profits was all that their laws s appointed to be paid for rent to the church by lessees . but also very many prouinciall constitutions were made for the true payment of tithes about the beginning of this cccc . yeers . as in the councell of mentz in the yeer dccc.xiii . admonemus atque praecipimus vt decimas deo omnino dari non negligatur . which words were receiued also into the imperials . and with them agree diuers councels , held about the same time ; as the councels of rheims ; the fourth of arles ; the second of chalons , and many other following . and in scotland ( if we may beleeue the t autor , for though he speak very good language , yet he is of no such sound credit ) about the yeer dccc.xl . king gregorie in his laws for church liberties , ordaind that the spirituall court only should haue conisans of tithes ; which had been perhaps all one as to haue established them to be generally due . for by the opinion of that court it is likely they would then also haue been iudged so . and also among the ordinances u of cing macbeth about the yeer m.lx. the same autor puts one in these words , decimam partem terrae nascentium pastoribus ecclesiarum liberè conferto : many more of like nature are where we speak seuerally of the english constitutions . for pontificiall decrees ; publique moniments , i think haue none in expresse termes of command ( except you look back to that x faind one of pope damasus ) ancienter then that attributed to y pope nicholas the second . praecipimus ( saies he ) vt decimae & primitiae seu oblationes viuorum & mortuorum ecclesijs dei fideliter reddantur à laicis , & vt in dispositione episcoporum sint ; quas qui retinuerint a sanctae ecclesiae communione separentur . the selfe same words z are also vnder the name of his next successor alexander the second . that of pope a leo the fourth , about the yeer dccc.l. de decimis , iusto ordine non tantum nobis sed etiam maioribus nostris visum est , plebibus tantùm , vbi sacrosancta baptismata dantur , debere dari , may be reckond for a canon for the right of tithes , if you will. but it seems rather it was at first a declaration of an opinion then a constitution . but both the other and that , with diuers passages also out of s. augustine , s. ambrose , and others , and those old prouinciall councels , that make for the generall right of tithes , were confirmed for generall canon law in gratians b concordia discordantium canonum , by pope eugenius the third in the yeer m.c.li. or presently after . for howeuer some canonists ignorantly otherwise place the collection of that first part of the bodie of the canon law ; it is most plain that it was in that yeer collected by him ; which is best iustified by a most ancient copie of it writen before the paleae were inserted , and remaining in the vatican , with this c inscription : decretum gratiani monachi sancti faelicis bononiensis ordinis sancti benedicti compilatum in dicto monasterio anno domini millesimo centesimo quinquagesimo primo , tempore eugenij papae tertij . enough other testimonie is of it . and in the councell of cleremont held in m.xcv. by pope vrban the second it was decreed , ne laici decimam partem de laboribus suis retineant . some other passages of popes are about that time against the selling of tithes , which they call simonie . and in c· . q. . c. . after the passage of gregorie the seuenth , before cited out of his councel of rome against feudall tithes , these words follow as if he had continued them ; oportet autem congruentiùs nos decimas & primitias , quas iure sacerdotum esse sancimus , ab omni populo accipere , &c. which comprehend in them a constitution . but neither these or any of the rest that follow there , are in that councell of gregorie , neither find i whence gratian had them . but an epistle d of that gregorie is extant , wherein among other admonitions to some princes of spain ( after such time as the profession of christianitie there , was purged of some gothique corruption , by a e councell held vnder richard abbot of marseilles , the popes legat in mlxxvi . so i vnderstand that reference made , in the epistle , to a kind of new conuersion to the faith ) he perswades them , decimas , quae ad vsum tam ipsorum quam ecclesiarum & pauperum proficiant , dare , totique regno indicere . quod quidem nulli debet graue videri , pro meliori parte , videlicet semper victurâ animâ , quemque decimam deo offerre , cum pro morituro corpore plurimae gentes coniugibus suis tertiam rerum legibus compellantur exsoluere . he admonishes , you see , and perswades , but commands not . he thought not , it seemes , his own power great enough to haue had effect in disposition of a tenth part of euery mans reuenue , and therefore abstaind from command . neither could he haue pretended the autoritie of any law or canon , generally receiued into practice . for neither in his time , nor long after , till about mcc . were tithes so generally paid ( as since ) without speciall grant or consecration ( as is sufficiently shewed : ) neither had any generall councell as yet once remembred the dutie , or the name of tenths . the first of the generall councels that mentions them , is the ninth , that is , that of lateran , held vnder calixtus the second , about m.c.xix. extant in the vatican , and first publisht in the late edition of the greek generall councels printed at rome by autoritie of the present pope paul the fift , and now newly inserted into binius his last f edition . but they are there spoken of only , as they were receiud by speciall consecrations . and in the generall councell of lateran , held in m.c.xxx. vnder innocent the second , feudall tithes are in the same syllables mentioned , as in the decree of gregorie the seuenth , before cited out of the councell of rome . and this also , taken out of the vatican , is to be found only in those two late and fullest editions . but of the generall councels ( before that edition at rome ) ordinarily known and read , the first that names tithes , is the eleuenth , that was held vnder alexander the third , in m.c.lxxx. but there , infeodations of them into lay hands , and consecrations or arbitrarie conueyances of them to * religious houses , without assent of the bishop , are only forbidden . neither was any canon of a generall councell as yet found , that purposely commanded payment of them ; nor any that expressely supposed them a dutie of common right , before g that of lateran in the yeere m.cc.xv. held vnder pope innocent the third , about which time , ecclesiasticall autoritie became more powerfull , the canons were more receiud into practice ( that before were litle , especially herein , obeyed ) and parochiall right to tithes grew to be more established ; whereof , more in the next and last part of our generall diuision , and in the english practice . but if that canon in the lateran councell , held vnder alexander the third , against arbitrarie consecrations of tithes without assent of the bishop , might be vnderstood literally , and of new tithes so created ( neither is any thing in the councell that denies that to be the meaning of it ) then needed wee not perhaps seek further for the cause of that assertion amongst our common lawiers , that , before the councell of lateran , euery man might haue giuen his tithes to what church hee would . who euer obserues the practice of the preceding time only , and the words both of that councell , and , to the same purpose , of the other held vnder calixtus the second , may well enough be perswaded , that the intent of those canons were no otherwise . but in regard wee find that canon of lateran , vnder alexander the third , to bee differently interpreted by innocent the third , within twentie or thirtie yeeres after the making of it , and vnderstood only of feudall tithes formerly granted out from the church into lay hands ( according as the canonists after him also take it ) we cannot be altogether so secure of that other interpretation . in lateranensi concilio ( saith h innocent ; meaning , that vnder alexander the third ) est inhibitum ne quaelibet religiosa persona ecclesias & decimas de manibus laicorum , sine consensu episcoporum recipiat ; per quod indirectè datur intelligi quòd sufficit consensus episcopi , vt licitum ecclesiae sit decimas de manibus recipere laicorum . hoc autem de illis decimis intelligimus quae laicis in feudum perpetuò sunt concessae . but we must take it vpon his word only , and the credit of the following canonists , that the canon was so to be vnderstood . they may , as they will , vnderstand it by iudiciall application . but you may , at least , doubt still , that the historicall vnderstanding of it , is to be had out of arbitrarie consecrations before practiced . and it was euen equall to ordaine , that lay men should not arbitrarily consecrate , and that they should not consecrate without assent of the bishop ; euery bishop ( i think ) being supposed a carefull obseruer of the former canons , which would haue induced parochiall right to tithes , and generall payment . so that what in this kind might not be done without his assent , was conceiud as likely to be neuer done to the churches preiudice . let euerie able reader iudge here . but let him not be much swayed with the rable of late canonists , that goe away cleer with this of pope innocent . when the pope had said so , they made no scruple of the truth of it ; and one takes it ( as their fashion is ) from another with too much easie credulitie . but although this be not sufficient ground for that assertion of our common lawiers ( which cleerly , being rightly apprehended , is true ; though lazie ignorance crie against it , euen to hoarsenesse ) yet enough other will be found , whereof more toward the end of the tenth chapter . of the time from m.cc. or neere thereabouts , till this day . cap. vii . i. the canons of generall councels , and decretals , for parochiall right in tithes ( not formerly otherwise conueyed ) which now became more established . ii. the opinion of the canonists , in the question of what immediat law tithes are due by , is , that they are payable iure diuino . iii. how the same question is determined by the opinion of the schoolmen . iv. of those that held them meer almes . v. the opinion in diuinitie , that concludes them due iure diuino . with a determination of the vniuersitie of oxford touching personall tithes . vi. laws , customs , and practice of france , in exaction of them . of their feudall tithes at this day . vii . laws , customs , and practice in spain , touching the generall payment of tithes . tithes there , in lay mens hands . viii . customs and infeudations in italie ; payment in venice ; in germanie : of the hungarians , polacks , swethians , and others , touching the dutie and possession of tithes . ix . of tithes in scotland . with an example of an appropriation of churches and tithes there , by robert de brus. and something of tithes in ireland . in these following times , the canon law grew to be of more force , and parochiall right ( through the decrees made against that former course of arbitrarie conueyances , and from the passages of canon law , that supposd the generall right of tithes ) became to be more established . but the opinions of canonists and diuines haue been and are much different in the question , vpon what law the generall right of them is immediatly grounded . but by the practice of the common laws ( for so much as i haue read ) of all christian states , they are subiect to customes , and that somtimes as well in non payment as in payment of a lesse part . and infeodations of them into lay hands , yet continue in france , spaine , germanie , and elsewhere . and of customes only and infeodations wee shall principally speake in the practice of this time . for , what euer might here otherwise be rememberd touching compositions , exemptions , or such like , is but a meer consequent of those customes , and of the opinion that makes them due only by positiue , human , or ecclesiasticall law. i. it is sufficiently manifested in the practice of the former cccc . yeers , that the laitie did vsually conuey their tithes by consecrations and appropriations to what church they would , and by infeodations to lay men . their infeodations were forbidden by the a generall councell of lateran , in m.c.lxxx. whence that most known canon prohibemus , before cited , was taken into the bodie of gregories decretalls , and hath euer since been , and still is , in autoritie , and that also in the secular lawes of france especially . it was in the same councell ordained , that no religious orders should receiue any appropriations or consecrations of churches or tithes , without assent of the bishop . ecclesias & decimas ( are the words ) de manu laicorum , sine consensu episcoporum tam illos ( that is , templars and hospitalars , against whom the prouision was chiefely made ) quam quoscunque alios religiosos reciperc prohibemus . this was confirmed in the generall councell of lateran , held vnder innocent the third , in the yeer m.cc.xv. and a canon of the generall councell of lateran , vnder calixtus the second , in the yeer m.c.xix. ( wherein parochiall ministers were also forbidden to receiue tithes , or churches , from the hands of lay men , by inuestiture especially , absque consensu & voluntate episcopi ) was afterward , in diuers epistles of pope alexander the third , receiued b and confirmed . and although manie decrees were before against those conueyances , yet till these generall councels ( vnder alexander and innocent ) neither was the autoritie of the church so powerfull , neither were epistles sent from rome so frequent , to put that in execution , which had so been there established against that challenged right of the laitie . but by this time , when the arbitrarie disposition of the owner was thus prouided against ( reference being made to the bishops assent , that was bound to square all things by the c canons , which would haue tithes paid parochially , and became to be much more obeyed then before ) it grew frequent , to haue decretall epistles sent from rome into euery prouince , both to ratifie the former consecrations and appropriations , ( which the popes d began also , at pleasure , to declare sometimes void , if made by lay men alone ) and also to exact parochiall payments of other tithes , not canonically conueyed out of the parish : and the reason sometime was added ; that is , e perceptio decimarum ad parochiales ecclesias de iure communi pertinet . and the generall councell f of m.cc.xv. had taken it cleere , and so exprest it , that in signum vniuersalis dominij quasi quodam titulo speciali sibi dominus decimas reseruauerat : and after a few words , the canon is concluded with decimare cogantur ecclesijs , quibus de iure debentur . and the action for parochiall tithes in those times , as now , is called g iure communi fundata intentio ; that is , by common right , tithes praediall and mixt were due to the rector of the parish ( were he bishop or priest ) if they were not otherwise , by speciall title , enioyed by some other church , or discharged by canonicall exemption . but how little this common right had before been practiced , appears not only in what is alreadie declared , of the vse of the former time , and in the doubts made by gratian in the decree , and pope lucius the third , alexander the third , and others in their epistles touching it , but also in other occurrences of somewhat before the beginning of these cccc . yeers , amongst which you shall find , that both the religious and secular of the clergie would vsually take couenants from their tenants , to pay them the tithes , and so preuent the parson of the parish where the land lay . if parochiall right had then been common , how could such a couenant haue preuented the parson ? that practice is both related and remedied in the h generall councell of lateran , of m.cc.xv. and an example of it in the archbishoprique of matera is remaining among the decretals i of innocent the third , where also it appeares , that the archbishop had complaind to the pope , that the land-occupiers in his diocese vsed to diuide their tithes at their pleasure , and arbitrarily giue part to the church , part to the poor , part to their kinred . for which hee had remedie by pontificiall decree . hereto you may adde that of an old councell of k tribur , in dccc.xcv . vbi quis decimas persoluebat viuus ibi sepeliatur & mortuus . as if euery man , by the choice of the place of his deuotion , in paying his tithes , might make it his parish . and when alexander the third , about the yeer m.c.lxxx. was to answer the doubt touching parochiall right of prediall tithes ( that is , whether they were due intuitu territorij , in regard of the limits within which they grew , or obtentu personarum , by reason of the person , and so to be paid to the church wheresoeuer the owner for the most part receiued the sacrament and heard diuine seruice ) he knew not how to determine it ; and withall acknowledged , that although it had been often moued , it was neuer resolued . sane ( saith l he ) cum huiusmodi quaestio temporibus praedecessorum nostrorum mota fuerit , non determinata , alijs intuitu territorij , alijs personarum obtentu decimas asserentibus debere persolui , non est nobis facile certum tibi dicere : which are the words of that epistle ; a part whereof is in gregories m decretals . so , that although by the canons they would haue had a vniuersall payment of tithes , and although some much ancienter n autoritie be in that law for parochiall payment , yet they had long before , and about the beginning of this last cccc . yeeres , so much controuersie touching parochiall right , that euen thence alone you may see , it was not so much as , in opinion , established . enough more like examples are of that time . and you may obserue , that where pope alexander doth by decretall command a parochiall payment in the case of the monks of o boxley ( for so you must read in gregorie ; not bosse , as it is in the most polite edition ) yet his ground is from a vse of parochiall payment in that particular ; without which , he had been as vncertaine there , as he and others are in epistles of that time . but so farre also was the former course of arbitrarie consecrations now withstood , that not only the lay owner might not of himselfe consecrate the right of his tithes at will , but also , although the bishops assent had ioind with his in conueying any tithes ( except only such as were infeodated to him before the councell of lateran of m.c.lxxx. ) the conueyance had been declared void ; and to that purpose only , of passing feodall tithes out of lay hands to the church , was the bishops assent p decreed to bee sufficient . but howeuer , through those oecumenicall and pontificiall decrees , a more certaintie of parochiall right was now begun ; and though those old canonists also , pope innocent the fourth , cardinall hostiensis , and some others , about the yeere m.cc.lx. writing on the decretals , took parochiall right as a thing cleerly established in law , yet it is reported by some ancients of good credit , that sufficient remedie was not fully prouided against that practice of the former course of arbitrarie dispositions of tithes , till the generall councell of lions , held vnder pope gregorie the tenth , in the yeer m.cc.lxxiv . in which , they say , it was constituted , vt nulli hominum deinceps liceat decimas suas ad libitum , vt anteà , vbi vellet assignare , sed matrici ecclesiae omnes decimas persoluerent . so randall higden the monk of chester , henrie q knighton abbot of leycester , and thomas of walsingham a monk of s. albons , tell vs ; and all three of them liud but about c. yeers from the time of that councell , and might so perhaps , haue had for it some ancienter autoritie from some now lost moniments . and vpon this , doubtlesse , was that assertion corruptly related in the printed examination of w. thorp before arundell archbishop vnder henrie the fourth ; where he answers , that one pope r gregorie the tenth ordained new tithes first to be giuen to priests now in the new law. but the bodie of that councell ( which was first publisht only in the late edition of the generall councels at rome , and is now also in the last edition of binius ) hath no such matter in it . one canon is there , specially against allenation of reuenues of the church by clergie men , and another , against vsurpation t of them by lay patrons in time of vacancie ; but neither out of them , or the rest , can you extract what those monks haue related . but although they might erre in the relation of the canon , yet , doubtlesse , they had some speciall memorie , that parochiall right to tithes had been but of late yeers , and sometime after m.cc. receiud into the more known and practiced law ; although the doctors so confidently before talke of it . for we must not doubt , but that those elder canons , notwithstanding their great autoritie , were by most different degrees of time receiud into vse , and in some places , not till long after m.cc. as wee see particularly in that of the practice in the diocese of palentia , till m.ccc.xxii . which was , that euery man , wheresoeuer hee dwelt , yet might declare himselfe to bee of what parish hee would , and to that parish only giue his tithes : which was remedied by a councell then held at villadolid , vnder william bishop of sabina , the popes legat ; where he begins with , parochiarum diuisio à sanctis patribus instituta certitudinem parochianorum & decimarum debitam solutionem inducit . for indeed , parochiall payment regularly was now grown , by the canons gaining force , to be the only debita solutio . the next authoritie of a generall councell for parochiall right ( after that of lateran ; wherein yet nothing directly constitutes it , but rather it is supposed , as of former time ) is the condemnation , in the councell of constance , of wicklefes assertion , that tithes were meer almes , and that parishioners might , ad libitum suum ( as his position was ) eas auferre propter peccata suorum praelatorum . and since that , in the generall councell of * trent vnder pius the fourth , about m.d.lx. this canon was published . non sunt ferendi qui varijs artibus decimas , ecclesijs obuenientes , subtrahere moliuntur , aut qui ab alijs soluendas temerè occupant & in rem suam vertunt , cùm decimarum solutio debita sit deo. et qui eas dare noluerint aut dantes impediunt res alienas inuadunt . praecipit igitur sancta synodus omnibus cuiuscunque gradus & conditionis sint , ad quos decimarum salutio spectat , vt eas ( ad quas de iure tenentur ) iu posterum cathedrali aut quibuscunque alijs ecclesijs , vel personis quibut legitimè debentur integrè persoluant . qui verò eas aut substrahunt , aut impediunt , excommunicentur ; nec ab hoc crimine , nisi plenâ restitutione secutâ , absoluantur . for popes decretals of this time , i referre you further to the laws made or receiud in england . ii. in the opinions that haue been since the beginning of these cccc . yeeres , touching tithes ; the chiefest to be obserued here , are those which determine , by what immediat law tithes are payable . for how euer very many other questions , about the dutie of them , are vsually disputed , yet resolue but this , one way or the other , and most of the rest that follow , about customes , appropritations , exemptions , and such more , will soone haue little doubt . this point hath been controuerted both betwixt canonists and diuines , and between diuines and others of their own profession . the canonists ( except very few ) with one consent grounding themselues vpon the letter of some of those passages of prouinciall councels , of fathers , and of popes , before rememberd , generally deliuer , that prediall and mixt tithes are due to bee paid iure diuino , which is commonly taken for the diuine morall law , and they vsually cite also the leuiticall precepts , to iustifie it . yet doe they allow the right of former tithes , canonically setled by cosecrations , appropriations , and exemptions also , for the most part . for to those they require pontificiall confirmations , or a supply of them , by such prescription of time , as may suppose them . for they take this ecclesiastique reuenue to be no otherwise due to the clergie by common right , but that the pope ( whom they , to the vtmost , maintaine , as they haue reason ; for out of the popes autoritie , first came their generall profession , as it now remains one ) may as a supreme steward of the clergies maintenance , dispose of this or that particular part of it . this is their common opinion , although some , in the point of exemptions , haue made scruple . but where none of those speciall titles precede , there they cleerly agree also , that by common right , all prediall and mixt tithes are due parochially . neither need u the rector in his libell vpon his actio confessoria ( which is the generall name of such actions as lie for demand of incorporall rights , as with vs , our quod permittat , quare impedit , droit d●auowson , and the like ) propose more , then that the increase is within his parish ; and the other titles ( if any be ) must be shewd in the exception , or answer . but by the way ; though the doctors commonly suppose the action for tithes to be confessoria , and grounded vpon common right , yet that great and ancient lawier , bishop durand , or speculator , would haue them demanded by the condictio ex canone , that is , as we call it , by action vpon the statut. the canons whereupon he would haue it grounded , are those passages of s. hierome and s. augustine in c. . q. . c. . & . and hee takes for his autoritie , why this kind of action should be brought , that of x paulus , out of the imperials , si obligatio lege noua introductasit , nec cautum eadem lege , quo genere actionis experiamur , ex lege agendum est . so that as ex lege in the imperials , so ex canone in the pontificiall law , the action should be brought . he liud long since , and perhaps , in regard of the various practice that had preceded against the common opinion of his profession touching the common right , he thought it most secure for the plaintife , to ground his libell vpon the canon , rather then vpon common right . but for personall tithes ( which yet they agree not all to be due iure diuino ; although pope y innocent the fourth make it a wonder to see any man denie it , and diuers of them follow him ; the old precedents also of libels in speculator being equally for these , as for prediall ) they are held payable only to the church , where the owner , for the most part , receiues the sacraments and diuine seruice ; not where the gaine is made . neither in them is any regard had to the parish . whence it comes , that iews and z saracens ( because they haue no personall vse of the euangelicall ministerie ) are to pay none by this law , sauing in case where they hinder the continuall payment of some former personall tithe had from christians . the best autoritie they bring for personall tithes , is that in deut. xii . where tithes and the offerings of your hands are spoken of . by reason of that most receiued ground amongst them , that the tenth is due to the church iure diuino , their most common opinion is also , that euery man is bound to pay the whole tenth , or the value of the whole tenth , of all encrease , notwithstanding any custome or prescription to the contrarie . indeed , no reason is , that a custome should take away what god had immediately , and , by his morall law , established . the consequent is good , were the antecedent cleerly proued . but some of them , and such as are of no small name , deliuer their law to be only , that custome cannot wholly discharge any land of tithes , but it may diminish the quota , or bring them to a lesse quantitie , or value ; that is , that a custome to pay a twelfth , twentieth , or lesse , is good . this some also allow only in customes immemoriall , which they suppose to haue the force of a papall priuiledge or exemption . but their common and receiued opinion is , that in prediall and mixt , no prescription or custome to pay any lesse part or value then the tenth , or de modo decimandi , much lesse de non decimando , can be good . ( which well agrees with the ciuill law also . for by a rescript of the emperor anastasius a , no prescription may be of non payment of all or a lesse part of tributes , subsidies , or other rents of the publique treasurie ; that is , of such things as are due to the emperor in signum vniuersalis dominij , as tithes are supposed to god and his ministris . ) except only , where the certaintie of some equall yeerly payment , without regard to euery annuall encrease , may be adiudged to be equiualent to a tenth , by reason of the incertaintie of sterilitie or fruitfulnesse . in this b case they allow a custome , although the tenth of euery particular yeer be not paid ; because , ecclesia , they say , potest se habere ad damnum vel lucrum indifferently . but those other common opinions of theirs are so frequently obuious , that to cite autorities for them , were but to imitate rablais his bridoye . yet wee may specially remember , that the doctors of the rota ( of rome , i think ) according to their profession also aboue c. yeers since , determind , c quod quota denaria est de iure diuino hodierno die . but some canonists withall are , and those of no small note , that agree , the determination of the tenth to be only de iure ecclesiastico , and that no more ius naturale , or diuinum morale , is in it , then what commands a competence of meanes to be giuen to the priesthood . so d couuaruuias ; so , some others . but few enough are of this opinion . all that are of it , make no doubt of the right of customes ( prouided alwayes , that a sufficient reuenue be possessed by the minister ) but allow the payment of them to be diminished or taken away by custome or prescription . but they are generally against the possession of feudall tithes held by lay men ( which they suppose , but falsely , to haue all had beginning from the church ) although infeodated before the councell of lateran . yet indeed some of them expresse an allowance of them ; but that is rather in mingling common laws with their canons , then writing as canonists . the common laws of all nations ( where feudall tithes are ; and i thinke certainly , in all christian nations feudall tithes at this day are found ) allow them now , and suffer the canons to haue no power ouer them . and thence is it ( lest they should grossely determine against such possessions as the church anciently , as well as the laitie , had by infeodations setled , and posteritie still maintaind ) that some receiue into their conclusions an admittance of what their own profession abhorres . which may not be amisse said also of such of them as maintaine a custome in the quota , or the like . for that is done rather by striuing to conforme the canons to the common laws , or secular constitutions of the state where they liue ( as our ciuilians , in the practice of the ancient canon law , do here also ) then by iudging according to the bodie of the canons , that regularly allow no sufficient exception against parochiall payment of the whole prediall tenth , but only papall autoritie , or a title canonically setled in some other church . and the better to make these infeodations stand with their opinions , they haue also a vsuall distinction of ius percipiendi , and fructus decimarum . the ius percipiendi , they say , cannot be transferd , nor euer was , by the old infeodations , because euery lay man is incapable of it . but the fructus decimarum only , as they teach , is what passed , and is still possessed , in consideration that the possessors should defend the church from heretiques and tyrannie . the summe of what the old canons haue , both against ancient and new infeodations , is in the former chapter noted ; and according to them , how that distinction will hold , i see not . but , among them , great opinion is also , that all feudall tithes are to be restored to the church , and that he which holds them , may not lawfully passe them ouer to another lay man ; but may only , with assent of the bishop , giue them to some church . nec multum refert quae ecclesia habeat dummodo extirpentur à laico , as panormitan sayes . and to this , they abuse that canon prohibemus , of the councell of lateran , that was not indeed made against tithes then infeodated , but only against new infeodations , as pope innocent the fourth there well teaches . for , saith he , non loquitur de decimis infeodatis , sed de alijs male detentis . which iustifies what is in the former cccc . yeers , against the receiued interpretation , deliuered . iii. the diuines , of since the beginning of this time , haue had their seuerall determinations and doctrines vpon this point , and those may be , for method , put chiefly in a three-fold difference ; although rather the second doctrine ( as presently will appeare ) were but an issue of the first . and the chiefe question among them comes to this , whether , by gods immediat morall law , the euangelicall priesthood haue a right to tithes , as to their inheritance , in equall degree , as the lay man hath to his nine ; or if they haue them only as by human positiue law , and so giuen them for their spiritual labor ? that is , in brief , whether by originall distributiue iustice , or by commutatiue , they are payable ? although , in the opinion which wee shall here make the third , all positiue or human law be , for the most part , neglected ; whereof , more presently . but in that ( which we here make the first of those three opinions ) it hath been held , that the tenth considered quoad quotam partem , or , as it is , a determined part , and denoted from that number , is due only by law positiue and ecclesiasticall ; but , quoad substantiam suam , or cleri sustentationem , or in regard to it , as it denotes a necessary or competent part of the maintenance of the clergie , that is due by the diuine morall law. and to the purpose of this distinction , they interpret the leuiticall commandments of tithes ; and deliuer that quoad substantiam suam , or as it was generally for the maintenance of the minsterie in the iewish church , it is morall or naturall , there being ( according to consideration of it so farre ) the very character of it writen in the tables of mens hearts ; that is , that spirituall laborers are to be rewarded with temporall bountie , as euery laborer is worthie of his hire . but quoad quotam partem , it is , they say , a iudiciall ( or ceremoniall , as some will ) and that it hath been brought into the law of the gospell by ecclesiastique doctrine & constitutions ( both which we haue before related ) proceeding from it only per vim eius exemplarem , or by imitation of the iewish state , ordered by the almightie ; and not in that regard per vim obligatiuam , or any continuing force of it vnder the gospell . and that the church was not bound to this part , but freely might as well haue ordained the payment of a ninth , or eleuenth , according to various oportunitie . this is commonly taught by the old schoolemen , hales , aquinas , henricus de gandauo , r. de media villa , cardinall caietan , and diuers others ; ( but fullest , in my iudgment , by ioh. e maior ) and maintaind by great men , that in our times follow their wayes of disquisition . the first that expressely made this distinction , was that alexander hales , that liued about m.cc.xxx . and thus f determind , praeceptum de decimis est praeceptum iudiciale , vnde non est dicendum morale , quia secundum suam determinationem ( that is , secundum quotam partem ) non est scriptum in corde hominis , nec ceremoniale , quia non est datum principalitèr in figuram significationis , sed iudiciale quia datum simpliciter in rationem aequitatis mutuae distributionis , vt sit aequalitas dati & accepti inter seminantem spiritualia & dantem temporalia , secundum quod possibile est , &c. and g aquinas ; determinatio decimae partis soluendae est autoritate ecclesiae ; and adds , that the ground of it , which he calls radix , is the text h , if wee sow vnto you spirituall things , is it a great thing , if wee reap your carnall things ? the same is by hen. de gaudano i exprest in these words , euangelica· and deliuers accordingly the right of them to be partim de iure naturae & euangelij , that is , quatenus vacantibus diuino ministerio communiter ab omnibus debet prouideri ; and , partim de iure humano ecclesiastico , or positiuo , that is , quoad quotam partem . and to the same purpose , the rest . but whereas some make that learned hales the first autor of this doctrine ; doubtlesse they erre . for howeuer lex diuina , deus praecepit , and the like , frequently denote the right of tithes in the former cccc . yeers ; yet first consider , what is there admonished touching the practice of the time , and from thence you may , perhaps , interpret their meanings to be otherwise , then as they are commonly ( and especially by the canonists ) taken . could the church haue , before his time , held cleerly , that the tenth was due by the morall law , and yet , against their owne consciences , generally , giue way to , and practice also , those conueyances , which can haue no power ouer that which the morall law , euer binding vniformely , hath ordained ? and indeed some great doctors teach , that the ius diuinum , denoted in those passages of the bodie of the canons , was no otherwise vnderstood , then only that we are bound to it by the law positiue of the church , imitating the diuine iudicials ( which retaine still , as cardinall caietan teaches , their vim exemplarem , though not obligatiuam ) and is well enough thence stiled ius diuinum . cum ergo dicitur ( sayes the cardinall k ) lege diuina , aut deo iubente ad decimas tenemur ; intellige exemplariter . neither doth he otherwise interpret other passages of the fathers , which are to that purpose . neque aliud , are his words , sancti patres intellexerunt . and remember also , that those fathers affirme it not in disputation , but only in exhortation to the people ; which is specially obseruable to any that knows the course of their writing . with caietan also ( in that the law for tithes is not morall ) bellarmin , suarez , malder bishop of antuerp , and late professor at louain , and others accord , and make it the communis opinio theologorum ; and some will haue it ceremoniall , rather then iudiciall . but wee dispute not thereof . but also an example is brought out of s. ambrose his vse of l quadragesima diuinitus constituta , denoting the ecclesiastique commandement of lent , that was but in a kind of imitation of our sauiors abstinence . which shews , that what is from the holy word exemplarily taken , is denoted sometimes with such attributes , as might signifie a morall constitution . and the truth is also , that ius diuinum is very often , and was , about the time of the bodie of the canon law published , taken for ius ecclesiasticum , or ius ciuile quod ad ecclesiae administrationem spectat . as you may plainly see in an epistle of alexander the third , that liud till m.c.lxxx. where he directs , that a church hauing been in possession xl. yeeres of tithes growing in another parish , should haue them still by that prescription , because in such case , de iure diuino & humano melior est conditio possidentis . who sees not , that he there vses ius diuinum for positiue & human law of the church ? what hath the prescription of xl. yeeres , or primer possession to do with the direction of diuine morall law ? or indeed , if he had meant , that tithes , quoad quotam , had been due for the ministers salarie by the diuine morall law , how could prescription haue had place against it ? part of that epistle is m in the bodie of the canon law. but because it is fuller , and indeed more authentique , in a verie n ancient copie of decretall epistles ( the most of them being of alexander the third ) it shall thence be hither faithfully transcribed . alexander mauricio episcopo . ad aures nostras , te significante , peruenit , duas ecclesias saepius sub examine tuo litigare super decimis quas vna ecclesiarum in alterius parochia xl. annis possedit , ac per hoc o petit eius actionem extentam . altera vero volens eas iure parochiali euincere , praescriptionem non debere sibi obesse proponit . ideo quid iuris sit in hoc casu , tua nos duxit fraternitas consulendos . tuae itaque fraternitati literis praesentibus innotescat , quod iure diuino & humano melior est conditio possidentis , quoniam quadragenalis praescriptio omnem prorsus actionem secludit . and , that ius diuinum was in that sense taken in these ages , appeares also by hales ; where , although p he before held cleerly , that the commandement of the quota pars was iudiciall , yet he sayes , that decima sicut domini generalis cenfus is payable iure diuino , that is plainly ( in his meaning ) by the ecclesiastique constitution of the church , imitating the diuine iudicials . neither was the phrase otherwise vsed in that of the generall councell of lateran , held before the time of hales , in the yeer m.cc.xv. illae quippe decimae necessariò sunt soluendae , quae debentur ex lege diuina vel loci consuetudine approbatâ . i know the canonists miserably wrest themselues about the interpretation of that place . but , when they haue done all in mistaking it , could the councell think , that loci consuetudine , some were due , yet that all lege diuina ; taking it for the morall law. for , if any , then all , by the morall law. cleerly then the english q of that was , those are necessarily to be paid , which are due either by the positiue law of the church ( which extends not alwaies vniuersally ) or custome of the place . some refer that ex consuetudine to personall tithes , supposing r them due only by custome or positiue law. and that also might be a tolerable interpretation , if at the time of the councell such a distinction had been receiud twixt personall and prediall . but can it then stand for truth , that hales was the first that brought this opinion of the quota being due by human determination in the church , and not by the diuine morall law ? indeed he was the first that accurately disputed the question as a schooleman , and expressely made the distinction , but cleerly not the first that so held the point . to the former testimonies hereof , adde that of hugo de s. s victore , who liud neere c. yeeres before hales . he speaking of payment of tithes before the law , vnder the law , and since , concludes with , primùm igitur ante legem , paruulós consilio nutriuit ( deus ) posteà sub lege exercitatos praecepto tentauit . nouissimè sub gratia perfectos in libertate spiritus ambulare permisit . by this first opinion of the schoolemen , to which the ancient fathers are ( you see ) by some of them squared , no difference is to be made of prediall , mixt , and personall tithes , how euer some scruples about that difference , haue been needlessely handled by them . for quoad substantiam decimae , or decimam sustentationis , as they call it , or , as the laborer is worthie of his hire , both are equally due . the morall law , according to them , designes not out reall possessions to be more subiect here to the naturall part of commutatiue iustice , then personall profit . and therefore also alexander hales aptly determines , that decimae tam personales quam praediales sunt in praecepto , that is , both quoad substantiam , but neither quoad quotam . and , that in venice , and other such cities , where no prediall tithes are , a personall tenth is due by the positiue laws of the church , as , in them also , a sufficient maintenance is to be had for the clergie , by the morall or naturall law. in summe , by this opinion , customes of payment of lesse , of nothing , and other ciuill titles , that haue force against ecclesiastique law positiue , are allowd , so long as the maintenance of the minister be otherwise competent . both failing , then is that defect to be supplied ( notwithstanding any ciuill exception ) due by the diuine , naturall , or morall law ; which , inscribd in all hearts , admonishes , that reward is due to euery laborer ; much more to him of the spirituall haruest . other questions about tithes are disputed in the schoolmen . but it is not hard to coniecture , how the most are to be determined ( according to them ) by their resolution of this alone ; therefore i omit them . you see how opposit this opinion is to that receiud among the canonists , twixt whom and the schoolmen t was vsually great dissention . it is not to be doubted , but that the schoolemen lookt much further into all that they medled with , then the canonists could do . and had the canonists agreed herein with them , they might , with fewer absurdities , haue maintained diuers of their scrupulous positions . and some of u them were so moued at the schoolemens disputations , about hales his time especially , that they knew not which way at all to determin it . this difference of the canonists and schoolmen is rememberd by i. maior . theologos hic ( saith x he ) canonistae haereticos vocant , quia dicunt decimas non esse de iure diuino . but which are here the more competent iudges of the two , he tells you further , in his answers to peeter of rauenna , a canonist of his time . he liued about c. yeers since . iv. the second opinion in diuinitie , is of those , that ( hauing their first ground out of the determination of the schoolemen ) held tithes to be meere almes , and not to be paid to the ministers of the gospel by any parochiall right , as a necessarie dutie to the euangelicall priesthood , but that they might be retained and disposed of at the owners will ; especially if the pastor y well performed not his function . of this , were both , some of religious orders in their preaching , and also others opposit enough to them in doctrine . the dominicans and franciscans especially ( who began both about the yeer m.cc.x. and had in their monasteries store enough of schoolmen ) made it a gainfull doctrine to teach lay men , that they were not bound to pay their tithes to their ministers , as to whom , by any law of god , that portion necessarily belonged . for when the determinations had preceded , by which the quota was concluded , not to be due iure diuino , they of this side neglecting ( for the most part ) the positiue and human laws made for them , and regarding only the expresse law of god , taught them due only as almes , or as what debito charitatis , not debito iustitiae , was to be dispensed . by this doctrine the mendicants especially often got them to themselues ( like the old eustathians ) as almes to be arbitrarily disposed of to such as took any spirituall labour . as also made their own detaining of them in lands , out of which they were parochially due , to seem the lesse wrongfull . but against their detaining of parochiall tithes a canon was made in the generall z councell of vienna , held in m.ccc.xl . and their doctrine was taxed by pope innocent the fourth about m.cc.l. writing a vpon the decretals , where he calls them isti noui magistri , & praedicatores qui docent , & praedicant contra nouum & vetus testamentum . and richard archbishop of b armagh , complains against them for possessing the people with an opinion that the command of tithes was not morall , but only ceremoniall , and not to be performed , by constraint of conscience , to the minister ; and that out of whatsoeuer at least was giuen to any of the foure orders of mendicants , no tithe was in conscience to be deduced for the ministers . with these in substance did others also at the same time agree , that otherwise were opposit to the whole nation of friers . as with vs iohn wiclefe , walter brute , william thorp , and some such more whose arguments for their opinions are at large in foxes acts and moniments of the church of england , whither i had rather send the reader then stuff this place with them . wiclefes c position ( for d which as for an heresie some haue been since questiond with vs ) is before related , as it was condemned in the councell of constance . and thomas walden the prouinciall gouernour of the carmelits in england , about the end of the time of henrie the fourth , wrote against him in it , vindicating the dutie to the church , but not so much , secundum quotam sed magis secundum substantiam , as his e own words are . hereto may be added one of the articles of the bohemians , published about cc. yeers since , wherin a diuine right to tithes since the f gospell is denied . wherupon also they long since took all temporalties from their ministers , and brought them g to stipends . others haue been possest with this conceit , and among them you may remember gerardus h sagarellus , before wiclefe , burnt also for an heretique . and the great erasmus gaue the common exacting of tithes by the clergie of his time , no better name then tyrannie . but that of his , diuers haue sufficiently both reprehended and confuted , and especially albertus pius carpensis , in his labour against him . with this may be reckond that of william russell a franciscan who vnder henry the fift had publiquely preacht that the payment of personall tithes to the pastor , were not in gods commandement ; but that it was lawfull for euery christian to dispose of them arbitrarily to charitable vses . but of him , see more in the next and third opinion , where the words of his doctrin are exprest in a letter from the vniuersitie of oxford , to the conuocation of the clergie . v. the third opinion is of those who agree with the canonists , that the right , of the quota of tithes , immediatly is from the morall or diuine naturall law ; some impudently vrging with a commandement giuen to adam ; others of them prouidently restrayning all their arguments to such grounds for the conclusion , as may be had out of abrahams example , referd to the application of it in the epistle to the ebrews ; but others also not so circumspectly , taking in the leuitical commandements of tithes for their most sufficient autoritie . for the first kind that talk of adam ; i think indeed that in the time of this light of learning , none haue durst venture their credits vpon such fancies . yet , that it was some opinion that had at least in pretence many autors in the church of england , in the blinder time of our ancestors ; i thence collect , for that in a penitential made for direction of priests in auricular confession , and writen ( as my copie is ) about henrie the sixth , the priests examination and aduise vpon the point of tithing , is thus expressed . hast thou truly doo thy tithings and offrings to god and to holichirch ? thou shalt vndirstande that at the beginning of the worlde , whan ther was but oo man , that is to sey , adam , god chargyd him that he sholde truly of al maner thyng giue god the xth . parte , and bad hym that he sholde teche his children to doo the same maner , and so forthe al men into the worldis ende . and forasmuch as ther was that tyme no man to receiue it of hem in the name of holichirche , and god wolde not that thei sholde haue but ix parties . therefor he commandid hem that of euery thyng , the tithe parte should be brent . i fynd that afterward adam had two sonnes caime and abell , abell tithed truly and of the best . caym tythed falsely and of the werst : at last the fals tyther cayme slough abell his brother . for he blamyd hym and seyd that he tythed euel , wherefore our lord god accursid caym and al the erth in his werk . so ye mow se that fals tything was the cause of the first manslaughter that euer was . and it was cause that god cursid the erthe it is literally transcribed as i find it . that writing of cayme for cain is ordinarie in the moniments of that age , as you may find in wickleues works , waldensis his doctrinal ▪ and others of like nature . but see here the effect of peruerse opposition on both sides . some friers , prouiding only for their own wealth , would haue had them reckond meer almes , and so haue gotten them from the secular priests . and others would haue had them retaind by lay men . the secular priests on the other side would rather instruct the laitie with ridiculous falshoods ( in the termes whereof they would not spare to abuse the holiest name ) then not seem to say enough for their own gain . in those times they did so . they saw the friers dangerous doctrine to their reuenues , and therefore omitted no argument , no course in opposing it . a notable testimonie whereof is had also in that of frier i william russell a franciscan that in the conuocation of . hen. . was vehemently accused because he had preached , that personall tithes were not necessarily payable by gods commandement , but that euery man might dispose them at his pleasure in charitable vses . the summe of which was , that euery man might or should rather giue them to the begging friers . a doctrin of no small preiudice to the secular priests , if once publiquely receiued . this russell was by the conuocation enioyned to recant at pauls crosse on a prefixt day , before which he fled the kingdom ; and after publique citations against him , was solemnly pronounced an heretique for it . his opinion also being condemned by both the vniuersities . the letters then sent to the conuocation , from oxford , both shew the determination of that vniuersitie on the point and the particular tenet also of russell . therefore we insert them . the direction is to the clergie of canterburie-prouince from the vniuersitas studij generalis oxoniae , after which follows a preface in generall termes against such as forsook the ancient waies and fell into new heresies . then they go on with sed quia in multis nouitas ( so are the words of it , as i haue it faithfully transcribed k to me through the courtesie of my most honord friend mr. thomas allen of glocester hall ; whose name it were not without offence in me , at all to mention without speciall reuerence , aswell to his singular humanitie as to his fulnesse of learning & worth in good arts ) sed quia in multis nouitas parit pericula , in quibus antiquitas non peccabit , illud esse censemus inconcusse tenendum quod ab antiquis patribus constat clarissime praefinitum . verùm quia nuper nobis innotuit cuiusdam nouelli ( that is of russell ) insana doctrina contra decimas personales ( cuius miramur audaciam & dolemus insipientiam ) sed eius pertinaciam & ecclesiae contemptum sustinere veremur , & ne nostra taciturnitate seu negligentia tacito consensui adscribatur , in ipsa materia scribere curauimus quod concordes sentimus , & in euidens testimonium nostro ●igillo communire decreuimus , ad veritatis dilucidationem & obsequium ecclesiae , vt tenemur . then they deliuer their determination thus . dicimus & firmiter concipimus quod decimae personales tam ex praecepto iuris diuini quam sanctorum patrum traditionibus sub autoritate ecclesiae in concordi iuris iudicio debentur ecclesijs & earum ministris curam animarum habentibus & sacramenta ministrantibus ex autoritate ecclesiae . magna namque est sacro sanctae ecclesiae autoritas extra quam fides plane perpendit nullam posse peruenire salutem fidelibus . ne illie ergo resideat spiritus pestilens aut opinio corrumpens vbi locus quaeritur fidei orthodoxae , verba per aduersarium praemissae nostrae sententiae praedicata , quae etiam sub auaritiae subtili suco deprehendimus palliata , reprobamus & tanquam erronea & haeretica declaramus . quorum demens tenor cum reprobo sensu sic sequitur , catholica damnatione fulminandus . decimae personales ( this was the doctrin of frier russell ) non cadunt sub praecepto diuino , saltem vt soluantur parochiali curato ; quare licet vestrûm vnleuique , nisi consuetudo in contrarium fuerit , in pios vsus pauperum eas dispensare . et iterum . personales decimae sub diuino non cadunt praecepto neque iure debentur , vbi solutionis non est consuetudo . but they thus damne it . quiscunque hanc sententiam tenuerit , & pertinaciter defenderit apud reputationem nostram haereticus est censendus , & quia à sana doctrina ecclesiae est diuisus , à corpore eiusdem ecclesiae , velut membrum putridum , est praescindendus . o honorabil● fratres & domini , o vniuersitates catholicae , & quicunque fideles scrutamini scripturas , canones inspicite ac eorum naturales concipite rationes . quam proditorium est tributum negare altissimo ? quam inhumanum à laborantibus abstrahere debitum ? quam graue schismatis exemplum autoritati ecclesiae publice & pertinaciter resistere ? ac etiam iustitiae obuiam contra praecepta canonum res alienas invadere : nimis cruenta ac sacrilegia est haec auaritia quae antiquissimi iuris decimale debitum solum consuetudini adscribit , & in dubium revocat vt laborantium victum iuste exhauriat . quod ministris ecclesiae ad eorum honestam sustentationem firmum persisteret si decimae possunt ad libitum conferri & ius decimandae ex debito non esset ? o vtinam aut resipiscant & ad ecclesiae gremium redeant , qui tanto facinori fauere conantur ; aut asperrimis censuris , ne simplices inficiant , mordaciter feriantur . sic vnanimes in vera doctrina ecclesiae permaneamus vt ad eum tendere valeamus , de quo canit propheta . quaerite dominum & confirmamini , quaerite faciem eius semper . sic laetetur cor quaerentium dominum hic in via , quatenus ipsum quaerentibus dignetur esse merces in patria , amen they were , me thinks , somwhat vehement and very confident in the point . neither haue i elswhere seen so great autoritie against russell . if russell were therefore an heretique , doubtlesse he hath had and now hath many fellow-heretiques . for thus , many , nay the most of such as most curiously inquire herein , and diuers canonists also that are for the morall right of prediall and mixt tithes , denie that personall are otherwise due regularly then as custom , or law positiue ( which is subiect to custom ) directs . but iudge you of it , reader . i only relate it , and return to their prosecution against russell . at length news came that he was at rome , whither presently the conuocation sent agents ( to whom they allowd for an honorarie salarie , a farthing out of euery pound of church liuings ) that might there question him before the bishop of rome . a delegation of the conisance of the cause was made to a cardinall , who adiudged him to perpetuall imprisonment vnlesse he recanted . the frier afterward brake prison and ran home again , where at pauls crosse ( when nothing els could satisfie the secular part of the clergie ) he solemnly abiured his heresie , as they calld it . and to preuent the like in the doctrin of other minorits , chicheley the archbishop enioind them all that in their publique sermons they should teach personall tithes to be due by the laws of god and the church . of later time others haue writen for the diuine right and generall dutie of tithes . you may see albertus pius carpensis against erasmus , baronius m his digression touching them , others , but especially the diuers treatises writen to that purpose of late by our countrie men , which are read in euerie hand . i purposely abstain from particular mention of their names . but neither haue only single autors been lately of that side for prediall and mixt . whole synods also of this age haue in expres words been for them , through whose autoritie & this ancienter before rememberd they might haue fortified their conclusions with far greater names , then by citing some one or two late single men , as they vsually do . to omit the councell of mentz held in the yeer m.d.xlix . where it is deliuered that decimae debentur iure diuino ( and some other are to that purpose in the decreta ecclesiae gallicanae , collected by bochell ) in n an edict of henrie the second of france in m.d.xlii . relation is of a remonstrance made to him by the bishop , dean , canons , chapter and clergie of paris , wherein they take it cleer , that tithes and first fruits were introduitees & instituees de droit diuin & partant deussent estre payes loyauement & sans fraude . the like , of the clergie of the diocese of troyes , is mentioned in an edict of charles the ninth , in m.d.lxii . in the same words . and in the yeer before by a generall synod of all the clergie of france at poissy , a complaint was made with that pretence in it . the words of the edict best shew it , charles &c. à tous ceux qui ces presentes lettres verront , salut . de la part de nos chers & bien amies consiellers les archeuesques & euesques de nostre royaume et des deputez des clergez , qui ont este n'aguerez assembleza poissy par nostre commandement , nous à este remonstre , que combien que les diximes & primices , qui sont leur principall reuenu , soient introduitees & instituees de droict diuin , & partant deussent es●re payees loyaument & sans fraude : ce neantmoins plusieurs agricoles , proprietarees , &c. with these may be reckond , that of the clergies petition in the b parliament of . ed. . wherein they begin with licit decima siluae , presertim caeduae , de iure diuino & ecclesiastico deo et ecclesiae sit soluenda , &c. vi. but although by this opinion and that of the canonists , tithes be generally due by the diuine law , and so not subiect ( if with them you take it for the diuine morall or naturall law ) to ciuill exceptions as customes and prescriptions , of discharges or of paiment of lesse , or such more , whence also reall compositions haue been condemned c quia decimae cum temporalibus non sunt commutandae , as the words of an old pope were to the bishop of cusa ; yet the practised common law ( for by that name , as common is distinguished from sacred , are the ciuill or municipall laws of all nations to be stiled ) hath neuer giuen way herein to the canons . but hath allowd customes , and made them subiect to all ciuill titles , infeodations , discharges , compositions , and the like . of compositions no more shall be spoken , seeing they consist rather in indiuiduals , then of any generall course . we only remember them here as one kind of discharge , among other that haue been allowd by common laws . and where customes , and infeodations hold , no man can doubt of the lawfulnesse of compositions . but of customes ; in the edicts made by those kings of france vpon those remonstrances it appears , that , what euer the clergie supposed by their dixmes introduitees and instituees de droict diuin : they complain of abuse only in due paiment of tithes out of lands suiets & redeuables aux dits dixmes &c. that is , subiect and liable to the paiment of tithes . neither in other words do the edicts and their verifications giue them remedie . and notwithstanding that it were once ( according to sundrie canons of that church ) thus commanded by an old law of the yeer d m.cc.xxxviii . made by s. lewes , decimae quibus fuit longo tempore ecclesia per malitiam inhabitantium defraudata , statuimus & ordinamus quod restituantur citius , & amplius laici decimas non detineant sed eas habere clericis permittant ; yet , in that state , against the whole course of the cannon law in this kind , they haue , what by reason of ancient infeodations still continuing , what through customs , allowed diuers lands to be not at all subiect to any tithes payable to the church . for their infeodations ( although none can be there new created ) such as were made before that canon prohibemus of the councell of lateran , held vnder alexander the third , are to e this day remaining , and are conueied and discend as other lay inheritances ; excepting only such , as being discharged of feudall seruice , haue been giuen in to the church . for , their lawiers with the common opinion ( but erroneously ) suppose that all such infeodations came from the church ; and therefore they agree if any feudall tithes be conueied into the church f freely by themselues ( not as annexed to other fiefs , as castles , or mannors , nor subiect to tenures reserued ) that then they are in the church , as it were iure pos●liminij , or as we say , by way of remitter ; that is , they are so annext , that they may not be transferd againe into lay-hands , more then any other tithes which are the ancient reuenue of the church . whence it hath been adiudged also in the parliament of paris in the case of the bishop of baieux , that tithes so conueied are not g subiect to the custome of droict de retraict lignagier , that is , the right of the heire apparants redeeming an inheritance sold by his ancestor within a yeer and a day , or some such certaine time . but this point of remitter , they ground not so much vpon the nature of the tithe , as vpon an old law of s. lewes , wherein libertie is giuen that all persons decimas percipientes in nostra terra , & in feudis mouentibus mediate vel immediate de nobis quas clerici perciperent , si eas laici non perciperent , possint eas relinquere , dare & alias quocunque iusto titulo , & licito modo ecclesijs concedere tenendas imperpetuum , nostro vel nostrorum successorum assensu minimè requisito , &c. whereas ( by the way ) som of their lawiers h say , that feudal tithes there purchased by clergie men , are at this day subiect to the doict de nouueaux acquests i. a kind of fines for alienation , which i could not yet learne how it well stands with this of s. lewes . but they commonly interpret it as an ordinance to this end , that when the church ( the parish i church only to which they are supposed to haue been due ) had gotten them free by sale or gift or otherwise , they should be perpetually annext to it . and were it not for this ordinance , which interpretation hath thus applied , their lawiers ought to haue enquired more carefully about the originall of euery infeodation . for , where it began from a lay-man , there , what cause is of remitter ? and these kind of feudall tithes also of their own nature are meer lay possessions and determinable in that kingdome , only before the secular iudge , as it appears , not only in an old ordinance of philip le beau , touching the iurisdiction of tithes , and in the protocolle or register of the chancerie of france , but also in a late arrest of the parliament of paris , where a curat sued before an officiall for his canonica portio ( which hath been there somtime y adiudged the fourth part . but is arbitrarily determined ) against some other churchman that enioied the tithes of the parish , who pleaded to the iurisdiction , that the tithes were feudall , and desired that he would not hold plea of what so much belonged to the kings court ; but the officiall first gaue sentence that the defendant should bring in his proofs of the tithes being feudall ; which failing , he proceeded to the point of the action . thereupon by appel comme d'abus it came into the parliament of paris , which after solemne argument gaue z iudgement that the officiall had vsurped ouer the royall iurisdiction , in that he had at all proceeded after the simple allegation of infeodation , which alone binds the hands of the ecclesiasticall iudge that hath no more power to enquire of the infeodation or of tithes as feudall , then of any other lay inheritance . and in the same case , reference is made to some other iudgments of like nature : and the reason giuen in the arrest is mainly , because tithes of their own nature and originally are not otherwise spirituall , or belonging to a spirituall court , then only as they were annext to a church or some other hallowed place . la raison est , are the words , que suyuant le doctrine de s· thomas , nous tenons qu'en la loy de grace , les dixmes sont deues non de droict diuin , mais positif ; & l'esglise en naissant n'a este faict dame de ce droict , ains par le don & concession des rois , princes , & autres a qui de droict il appertenoit . whence , if they were annext to any church , they were of ecclesiasticall iurisdiction that was giuen anciently for them ; but being as feudall inheritance , although they once were in the church , yet a new character of being meer lay is restored to them . those a infeodations of tithes are there very frequent , and in very many parishes the tithes are taken only by lay men . but for them , so much . customes in payment and non payment of the tenth , haue euer held in that church , which might alone be proued out of some passages in gerson , and in b iohannes maior , who tells vs that plurimi in italia & francia de multis rebus quotam non dant . but it may more fully be manifested by edicts of late time . in one of charles the ninth , and another of henrie the third ; dixmes se leueront selon la coustume des lieux & la cotte accustumee in iceux . et ou la dit coustume serra obscure & incertaine , serra suiuie celle des lieux circumuoisins . the french customes ( according to diuers vsages of their prouinces ) are frequent for paying a lesse part then the tenth , and cleerly allowed c by diuers iudgments . neither is the canon law , which allows not customs , suffered to be there practiced . and for customes of paying none or de non decimando ; in some cases they hold there also ; and that by force of that lex famigerata ( as du d molin calls it ) their philippine which is an ordinance made by philip le beau in m.ccc.iii . ( but it is falsly and diuersly referd to other of their philips ) commanding that no new exaction should be made of tithes not accustomed to be paid . senescallus ( it saies ) ad requisitionem consulum locorum quoruncunque , defendat ipsos consules & vniuersitates & singulos à noua impositione seruitutis facienda per praelatos & alias personas ecclesiasticas , & a noua exactione decimarum & primitiarum & prestationis passatae , prout de iure fuerit & hactenus est consuetum fieri . by this autoritie , whereas in the parish e of branthel , in the diocesse of meaux , the prior and couent de nostre dame de vaurart purchased certain land that had formerly paid tithe corne to the rector , and made fish ponds in it , the rector afterward was bard in his action for tithe of the fish ; and one reason was vpon this philippine , because no such tithe had beene vsed to be paid . so in auuergne , in berry , and other prouinces , some customes of f non payment hold good . and oft-time the king there sends commands grounded vpon this philippine , that new tithes not vsually paid should not be exacted by the clergie . literae ( saith g my autor ) dietim conceduntur in cancellaria regia super nouis decimis , ne a laicis exigantur per eorum praelatos , quae fundantur in ordinatione philippi pulchri francorum regis facta die veneris ante cineres , anno m.ccc.iv . cap. xxix . huius tenoris , item quod senescallus &c. and expresly the customs of h berry . item par la custome , disme est doibt paier seulement des choses d'ont est accoustume payer disme , &c. where boerius saies , he hath seen it accordingly for other places often adiudged at paris . and in an edict of . hen. . of france touching the payment of tithes by those of the reformed religion , the payment is commanded only , i selon l'vsage & coustume des lieux . and accordingly diuers arrests of parliament also haue been . and although somtimes customes haue beene there disallowd , especially de non decimando ; yet that hath proceeded chiefly from the vsurpation of the canons , where the secular law was wrongfully neglected ; as you may see in the example of that of the ecclesiastical court at k rhosne , wherein the laitie were compelled adreddendas decimas de faeno & aliquibus alijs de quibus apud eos inconsuetum erat reddere decimas , as maiors words are , who concludes , that had the iudge been other then a canonist , he would not so haue adiudged it . vii . in spaine also some infeodated tithes from ancient time are in lay hands , which the t clergie about m.ccc.lxxx . would haue had into their reuenue , vnder iohn the first of castile and lions ; but could not . and in an ordinance of the same iohn , against all such as should vsurp the u right of tithes , a prouiso is that it should not extend to such tithes or church reuenue , as the crowne or any subiect had from ancient time enioied .. and a third part of tithes due to the king , is menciond in their x laws , as graunted to him from the pope , of which , at his pleasure new infeodations are made . and petrus y de lorca remembers , that the pope regibus hispaniae cōcessit tertiam partem decimarum & alijs secularibus absque consensu singularum ecclesiarum . among these you may reckon those tithes in the crowne , which by graunt from the pope , king ferdinand and queene isabel had in the kingdome of granado , in consideration of their endowment of churches there . and of them and their iurisdiction , whereto they are subiect , thus z couaruuias an excellent lawier of spaine . semel , saies he , ex literis regijs vidi decimarum causam tractari inter ecclesiasticos apud granatense praetorium , ex eo quod reges catholici ferdinandus & elisabeth decimas huius regni granatensis obtinuerint à pontifice maximo cum onere dotandi ecclesias . that is , the iudges held plea of them by commission from the king , not by spirituall power , which otherwise regularly hath conisans of tithes ; although another great lawier a of that countrie denie that the conisance of such tithes lawfully belongs to any other iurisdiction then spirituall . neither hath the canon law been so powerfull there , as to make tithes payable against customes , for paiment either of a lesse part , or none . and howeuer in an ordinance of the yeer m.cc.xciv . alfonso b the ninth , published his mandamos y establescemos por siempre , que todos los hombres del nuestro regno den sus diezmos derechamente y cumplidamente a nuestro sennor dios de pan y de vino y ganados y de todas las otras cosas que deuen dar de rechamente segun manda sancta yglesia , wherein he seems to establish , that whole tithes without any diminution should be alwaies paid to the church , of corne , wine and cattell and all other things ( which ordinance also is exemplified and confirmed by iohn the second of castile , and ferdinand and isabel ; and accordingly , alphonso diaz de montaluo his glosse on it , makes it to be consonant wholly to the canon law ) and the whole course of their ancient bodie of the law , in their partidas be agreeable with it . yet the practice in that state hath been and is , that if suit be commenced in the spiritual court for new tithes , formerly not accustomed to be wholly or not all paid , and such custome or prescription be pleaded , and the officiall or ordinarie allow it not , vpon complaint to the kings court , the defendant shall ( as in case of prohibitions in england ) haue his remedie . this is declared by c their couarruuias . erit , saith he , obseruandum , causam decimarum quandoque in his regnis ( that is , france and spain ) tractari apud regios auditores ; nempè cum laici contendunt decimas ab eis exigi , quae legitima temporis praescriptione ( which is vsually thought should be immemoriall , and so is their d practice ; although the most common time in other things be xl. yeers ) minime debentur , & sunt remissae ; denique conqueruntur contra morem & consuetudinem decimas ab eis exigi . nam etsi condemnentur à iudice ecclesiastico nihilominus , ex quaerela , causa , retinetur apud regia praetoria . siquidem & literae regiae passim dantur à supremo senatu ad id vt laici non cogantur decimas illas soluere quae solui legitimâ temporis praescriptione non consueuerunt . and with him agrees alfonso de azeuedo , that writes vpon their ordennanças reales . but these kind of their prohibitions are grounded vpon their ordinances , forbidding decimas a laicis exigi , quae per consuetudinem contrariam non consueuerunt solui , as couarruuias sayes ; and to that purpose was an edict e of their charles the first ( emperor de fift ) at toledo in m.d.xxv. and another like of his at madrid about three yeers after , and before foure yeers were thence past , at segouia , and another at villadolid . and vpon these oftentimes ( sayes alfonso de azeuedo ) writs of prohibition go out to the ecclesiasticall iudges , that proceed super nouitate , to forbid that similes non permittant nouitates , & processum causae regio ipsi senatui originaliter mittant . which agrees with the verie words of the ordinances f , that speak of nouedades in exaction of tithes against custome . and one speciall vse is there , that the kings giue their g personall tithes to their own chaplains attending on them . viii . neither hath the canon law wrought otherwise in italie , but that there also particular customes , as well of non decimando , as in the modus , are frequent . multis italiae locis ( sayes caietan h ) contingit ex consuetudine , that nothing at all is paid . and so is the practice there , for the most i part , at this day . the parish priests beeing sufficiently maintained by manse and glebe , and the reuenues that are in some places paid , as according to a modus . and of the italians and others , where like customes were , aquinas thus ; k haud laudabiliter ministri ecclesiae decimas ecclesiae requirunt , vbi sine scandalo requiri non possint propter desuetudinem vel propter aliquam aliam causam . in venice , sayes l panormitan , non in vita sed in morte soluuntur decimae personales de omnibus mercantijs iocalibus & alijs mobilibus . and in the whole seigniorie of venice , as my autor m deliuers , no parish church hath through that name decimas seu ius decimandi , but only another stipend or quartesium ( as they call it ) de possessionibus seu terris consistentibus intra confines eorum curae . neither haue infeodations of tithes into lay hands been lesse known in italie , then elswhere . for example , you may see the n case of the mutij , a noble familie of piacenza , who had by immemoriall prescription and confirmation by bulls , an ancient infeudation of all tithes growing in the territorie of verano , within the diocese of piacenza . by the o ordinance of frederique the second , about m.cc.xx. in the kingdomes of naples and sicily , a command is , that of all profits belonging to the crowne of those kingdomes , a whole tenth should be paid , and that euery subiect should truly pay all such tenths as had been vsed to be paid in the time of william king of sicilie . subiectis ( are the words ) nostris indicimus , vt decimas quas de feudis & bonis suis antecessores eorum praedicti regis guilielmi tempore prestiterunt , venerabilibus locis , quibus decimae ipsae debentur , cum integritate per soluant . in germanie , the canonists note a custome , that p pro decimis soluunt certas mensuras siue coloni aliquid recolligant , siue non . and this by their law they allow , because it stands indifferent , whether the church lose by it , or no. but also , some lay men take tithes of new improuements by right of their lordships . status imperij saeculares ( sayes a q iudge of the imperiall chamber ) decimas noualium percipere iure territorij possunt . which the clergie complaind against , in a diet at norimberg , but in vaine . and of r those tithes , infeodations are there made , at the pleasure of the owners , into lay hands . which was so in practice there also anciently , as is witnessed by an old s canonist , that liud aboue ccc.lx. yeers since ; where disputing the question , vtrum laicus possit sine peccato decimas percipere , and bringing the ordinarie autorities for the negatiue part , he tels vs , both for germanie and other countries , in these words , in contrarium potest induci generalis consuetudo in hispania & francia & burgundia & alemania in plerisque locis . and in the countie of flanders an edict was t made by charles the fift , dated at malines in m. ccccc.xx . which commanded , that no clergie or lay man pretending right to tithes , should exact or sue for other nouuelles dismes aultres qu'ilz & leur predecesseurs ont accustume prendre & auoir passe quarante ans & audessus . but that they should rest content with what was due only , according to the former vse of payment , sauing in case of new improuements , and such like , as it was explaned by another edict some ten yeers after . both together are the same almost as our statute of . ed. . and in the generall councell of lateran of m.cc.xv. a relation is of some nations , who although christians , yet secundum suos ritus decimas de more non soluunt ; and , that other men leased their land to them , because in regard of no tithe being paid by them , the greater rent might be reserued ; against which , remedie is there prouided . the words are , in aliquibus regionibus quaedam permixtae sunt gentes quae secundum suos ritus decimas de more non soluunt , quamuis censeantur nomine christiano , &c. whereupon innocent the fourth , that might well know the meaning of the councell , liuing so neer it , notes that the christians , who by their own customs did not pay , were greeks , armenians , and the like . and * antoninus expresly remembers the generall non payment of them in the eastern church as a thing not to be censured to be against gods law. neiher indeed haue i met with any canon law of all that church that euer commanded any thing touching tithes . among the laws of hungarie , we find , decimas a non soluunt nobiles de proprijs terris , and decimas non soluunt rasciani , rutheni , valachi , and decimas non soluunt iudices propter laborem eorum circa decimandum . although for other persons generally they haue strict laws for payment of them . in the statutes of poland , it appears that b about m.ccc.lxx . vnder k. cazimir the second , the clergie ( especially for the diocese of cracow ) made diuers laws ( with his consent ) vpon great differences about the paying of tithes . one in speciall is , that tithe must be paid of all that increases through the labour of the plough , exceptis rapis , papauere , caulibus , cepis , allio , & quae his sunt similia in hortis . and si quis ligonisando plantauerit , decima ab eo nullatenùs exigatur . some other particulars they haue about paying tithe of hemp and flax ( which happens somtime to be more , somtime lesse then a tenth ; because the certaintie is only from the number of beasts vsd to the plough ) and of other things . whence it appears that the vse of tithing there is not consonant to the canon law. and theodor zawake deliuers it for a law of this countrie , that decimae ex terris vastatis accipi non debent , which i think is to be referd to a thirtie yeers libertie of non payment giuen especially by bodantza bishop of cracow , to such as were tenants of lands lately wasted by the lituanians and tartars which is declared in the law , remaining at large in the collections of herbort and prilusius . whither for more particulars i refer you . in the laws of suethland and gothland , the text c is , decimae separentur & reponantur in agro , quarum tertiam partem suscipiat presbyter , & de reliquis duabus partibus capiat ecclesia tertiam partem . which i vnderstand so , that the parson is to haue all sauing a third part out of the two parts , which were to be imploied on maintenance of the church . in scotland by a law d of dauid the second about m.ccc.xl . it was constituted that no man should hinder the clergie in disposing tithes : sic quod suis decimis possint pacificè & cum integritate gaudere , sub paena excommunicationis , quoad clerum . & decem librarum penes regem and tithes there , haue been ( and in many e places are paid ) parochially , yet also granted , altered , and disposed of by f positiue law as in other countries . in the late plantation of new churches ordaind by the last parliament g there , manse and glebe and vitaile are assigned for maintenance to the rectors , but not tithes . and after the statut of annexation in the eleuenth parliament of our present soueraign , whereby church reuenues ( sauing parochiall tithes , manse and small glebe , and some other speciall possession ) were resumed to the crown , an act was made in the parliament h following against a kind of infeodations ( which they call erections of temporalties and teindes of kirkland into temporall lordships , sauing such as had been before erected . and for the particular course of setting out payment of tithes some speciall lawes of late time they haue in scotland , and in the other states before spoken of ▪ but they belong not so much hither , being not of the essentiall part of the practice of payment nor of the receiued right of tithes . therefore i wholly omit them . one example of an appropriation in scotland may be here not vntimely added , which falls about the yeer m.cc.xc . and shews a kind of arbitrarie disposition ( euen at that time ) of parochiall tithes of lands lying there , in a conueyance of a lay mans made to the monasterie of giseburn in yorkeshire . the grantor was that robert de bruis , afterward king , & one of the ancestors of our soueraign . the originall thus speaks . i omnibus ad quos presens scriptum peruenerit robertus filius roberti de brus dominus vallis anandiae salutem in domino sempiternam nouerit vniuersitas vestra me concessisse & praesenti scripto confirmâsse deo & ecclesiae sanctae mariae de giseburn & canonicis ibidem deo seruientibus & seruituris , ecclesiam de anand cum terris , decimis , & possessionibus ad eam pertinentibus & ecclesiam de logmaban cum terris decimis & possessionibus ad eam pertinentibus , & ecclesiam de kirkpatric cum capella de logan & omnibus suis pertinentijs & ecclesiam de rainpatric & ecclesiam de cumbartres & ecclesiam de gre●enhowe cum omnibus pertinentijs earum ; tenendum & habendum deo & praefatis canonicis & eorum successoribus liberè quietè & honorifice , ita quod liceat eis perpetuis temporibus de decimis praedictarum villarum , libere disponere & ordinare pro voluntate sua , & cuicunque voluerint eas ad firmam dimittere dare vel vendere , & alio quocunque modo voluerint & vbicunque voluerint commodum suum facere sine impedimento mei & haeredum meorum & hominum nostrorum , &c. the seale , in green wax , annext to it , hath impression of a knight armd and mounted , as for present onset in the wars , & is circumscribed with esto ferox vt leo. how the laws of ireland stand for tithes , is best seen in the statuts of that countrie of . hen. . cap . of dissolutions , and . hen. . cap. . of payment according to ancient custom and recouerie of tithes , after the dissolution , giuen into lay hands , in like manner as in england . and here may be no vnfit place to remember that ancient law ordained by k henrie the third , within the archbishoprique of dublin , whereby it was commanded that euery man non expectato mandato regis vel assensu , de gurgitibu● & piscarijs , ecclesijs in quarum parochijs sunt praedicti gurgites vel piscariae , decimas soluant . quia r. non vult in periculum animae suae , huiusmodi decimas detineant . we purposely omit particular mention of such of the reformed churches , as in this last age haue brought their ministerie to stipends , and alterd almost all the former practice of ecclesiastique policie . for the practice of payment , and other disposition of tithes , and for the laws , and opinions , touching the right of them , thus much . but whateuer this kingdom of england might haue specially afforded , for laws and practice of tithing , shall by it selfe , in its own singular order , be next deliuered . cap. viii . the laws of england made in the saxon mycel synodes or ƿitenagemotes , in parliaments , and in the councells here held either nationall or prouinciall , or by the pope , for the due payment or discharge of tithes in this kingdom . petitions or bills in parliament touching them , are inserted . all in their course of time . most of the english laws , constitutions , and bills in parliament , that are reserud to this place and here collected , were originally writen in saxon , latin , or french. and the saxon , for the most part , were anciently ( but it seems since the norman conquest ) turnd into a barbarous latin that yet better shews their meaning then a purer . such as are found in latin only i haue faithfully deliuered according to the copies that gaue them . neither durst i suspect that any reader fit for the matter should need an interpreter . no otherwise haue i done in what is of the old french ; it can hardly be any thing but inexcusable sloth , that can trouble any reader ( that is fit also for the matter ) in the vnderstanding it . but in regard the old saxon is known at all to few , and that hardly any better interpretation of the laws writen in that language can be then the old barbarous latin , i haue ioined alwaies ( where it might be ) both the saxon and the translation . to haue left out the originall , had preuented some freedom of the readers iudgement , and tied it to the translators . to haue added no translation , had been as a purpose to haue troubled euen the fittest readers with a strange tongue ; which also to haue otherwise interpreted , had been but to enuie them the help of those ancients ( that had better means to ▪ know the interpretation of those laws ) and so make them looke only as through spectacles of mine new made . i was willing to giue all ( as the course of the collection would permit ) that herein might help to make a ground of free iudgement . yet also where i see cause of note i adde it , but refer all to able censure . the laws and constitutions thus succeed . i. an ancient r collection of diuers canons writen about the time of henrie the first , with this inscription of equall age ; incipiunt excerptiones domini e●gberri archiepiscopi eburace ciuitatis , de iure sacerdotali , hath these words , vt vnusquisque sacerdos cunctos sibi pertinentes erudiat vt sciant qualitèr decimas totius facultatis ecclesijs diuinis debitè offerant . and immediatly follows , vt ipsi sacerdotes à populis suscipiant decimas ; & nomina eorum , quicunque dederint , scripta habeant , & secundum autoritatem canonicam coram testibus diuidant , & ad ornamentum ecclesiae l primam eligant partem , scundam autem ad vsum pauperum atque peregrinorum per eorum manus misericorditèr cum omni humilitate dispensent ; tertiam verò sibimet ipsis sacerdotes reseruent . if the credit of this be valued by the inscription , then is it about dccc.l. yeers old . for , that ecbert liud archbishop of york from the yeer dccxliii . to dcc.lxvii . but the autorite of that title must vndergo censure . who euer made it , supposed , that ecbert gathered that law and the rest ioind with it out of some former church constitutions , neither doth the name excerptiones denote otherwise . but in that collection som whole constitutions occur in the same syllbles as they are in the capitularies of charles the great , as that of vnicuique ecclesiae m vnus mansque integer , &c. and some others which could not be known to ecbert that died in the last yeer of pipin father to charles . how came be then by that ? and how may we beleeu that ecbert was the autor of any part of those excerptions ? vnlesse you excuse it with that vse of the midle times which often inserted into one body and vnder one name laws of different ages . but admit that . yet what is secundum canonicam autoritatem coram testibus diuidant ? the ancientest canonica autoritas , for diuiding tithes before witnesses , is an old imperiall , attributed in some editions o to the xi . yeere of the reigne of charles the great , being king of france , in others p , to the emperor lothar the first . but referre it to either of them , and it will be diuers yeers later then ecbert's death . and other mixt passages there plainly shew , that whose soeuer the collection was , much of it was taken out of the imperiall capitularies , none of which were made in ecbert's time . perhaps , the greatnesse of his name was the cause why some later compiler of those excerptions might so inscribe it , to gain it autoritie . for he was both brother to edbert king of northumberland , and the first also that , after paulinus , restored the name of archbishoprique , and the pall , to yorke . and the heads of a synod held in ecbert's time , vnder king ethelbald , and cuthbert archbishop of canterburie , are yet extant ; but not any expresse mention is found in them of tithes , although most of the particulars of church-gouernment are toucht there . ii. the autors of the centuries q haue a synod held in the yeer d. cc.lxxxvi . vnder two legats sent from pope hadrian the first with letters , for reformation and establishing of church laws , to offa king of mercland , and aelfwold king of northumberland , and to the two archbishops . the particulars of the synod are related in an epistle to the pope from those legats ( which were the first that had so come from rome hither after augustine ) wherein it is related , that gregorie bishop of ostia , one of the legats , went into northumberland , and theophilact bishop of todi , the other , to offa , who with kenulph king of west-saxonie , called a councell for the southern patt , as aelfwold for the northern . gregorie sayes , that in the northern parts ad diem concilij conuenerunt omnes principes regionis tam ecclesiastici quam seculares ; and after many institutions of canon laws there , the xvii . chapter is , de decimis dandis sicut in lege scriptum est : decimam partem ex omnibus frugibus tuis seu primitijs deferas in domum domini dei tui rursum per prophetam : adferte , inquit , omnem decimam in horreum meum vt sit cibus in domo mea , & probate me super hoc , si non aperuero vobis cataractas coeli & effudero benedictionem vsque ad abundantiam , & increpabo pro vobis deuorantem qui comedit & corrumpit fructum terrae vestrae , & non erit vltra vinea sterilis in agro dicit dominus . sicut sapiens ait : nemo iustam eleemosynam de his quae possidet facere valet , nisi prius separauerit domino quod à primordio ipse sibi reddere delegauit . ac per hoc plerumque contigit vt qui decimam non tribuit ad decimam reuertitur . vnde etiam cum obtestatione praecipimus , vt omnes studeant de omnibus quae possident decimas dare ; quia speciale domini dei est ; & de nouem partibus sibi viuat & eleemosynas tribuat . et magis eas in abscondito facere suasimus quia scriptum est ; cum facis eleemosynam , noli tuba canere ante te . the autoritie of this canon , may be known out of what is there further added . haec decreta , beatissime papa hadriane , in concilio publico coram rege aeelfwaldo & archiepiscopo eanbaldo & omnibus episcopis & abbatibus regionis seu senatoribus ducibus & populo terrae proposuimus ; & illi vt superiùs fati sumus cum omni deuotione mentis iuxta possibilitatem virium suarm , adiuuante supernâ clementia , se in omnibus custodire denouerunt , & signo sanctae crucis in vice vestra , in manu nostra confirmauerunt , & posteà stylo diligenti in charta huius paginae exarauerunt signum sanctae crucis infigentes . then follow some subscriptions of bishops , et his quoque saluberrimis admonitionibus , presbyteri , diaconi ecclesiarum , & abbates monasteriorum , iudices , optimates , & nobiles vno opere , vno ore consensimus & subscripsimus . after this so concluded in the northern state , the same legat , together with maluin and pyttell , embassadors from aelfwold , take with them all those decrees and canons , and goe to the councell held vnder offa for the western parts , vbi ( as the words are ) gloriosus rex offa cum senatoribus terrae vna cum archiepiscopo iaenberchto ( some call him lambert ) sanctae ecclesiae dorouernensis ( that is , of canterburie ) & caeteris episcopis regionum conuenerat , & in conspectu concilij clarâ voce singula capita perlecta sunt , & tam latinè quam teutonicè ( that is , in english-saxon , which then was the selfe-same with dutch or teutonique ) quo omnes intelligere possent , dilucidè reserata sint : qui omnes consona voce & alacri animo gratias referentes apostolatus vestri admonitionibus ( the legats so write to the pope ) promiserunt se diuino adminiculante fauore iuxta qualitatem viriū promitissimâ volūtate in omnibus haec statuta custodire . and offa and his bishops , abbots , and some princes subscribe with the crosse to it . what copie of this synod the centuriators had , or whence they tooke it , i find not . but if it be of good autoritie , it is a most obseruable law to this purpose . being made with such solemnitie by both powers of both states , of mercland and northumberland , which tooke vp a verie great part of england ; and it is likely , that it was made generall to all england . in the relation of the legats to the pope , mention is of kenulph king of west-saxonie , his ioyning with offa in calling the councell . but the confirmations of the decrees haue no reference to him ▪ but , by the way , if you examine it by storie and synchronisme , kenulph perhaps could not haue at all to do with it . for some of our old monks expressely affirme , that in the second yeer r of brithric , next successor after kenulphs death , pope adrian sent his legats in britanniam ad renouandam fidem quam praedicauerat augustinus . and that they then held their synod at a place called cealchithe . how could kenulph be there then , as the legats relate ? beleeue the monks as you will. but indeed , an exactnesse here is not easie extracted out of the disturbed times of our chronicles . they talk also of a synod held in wicanhale for the north parts , a yeere or two after . doubtlesse they intend this same that is extant in the centuries ; if at least it be of sufficient credit . neither can it be suspected by any circumstance in the subscriptions ; which being so many , might haue by chance soon got among them a character of falsehood , had it not been genuine . in the printed houeden , gregorie , one of the legats , is called georgeus , perhaps for gregorius . but my ms. hath also georgius . but if henry of huntingdon and roger of houeden giue vs the time right of the legats comming hither , then is that mention of kenulph , in their supposed epistle to the pope , a plaine character of falsehood , or ignorance , in some transcriber ; who also , in one place , hath oswaldus for aelfwaldus king of northumberland . but those which speak of that synod of these legats , seeme to suppose it extending through the whole kingdome . see also § . viii . iii. in the s laws made between k. alfred and guthrun the dane ( to whom the prouinces of east-anglia and northumberland were giuen to hold of the crown ) and renewd also between the same guthrun and k. edward , sonne to alfred , about the yeer d.cccc. this occurres , gif hƿa teoþunge forheold , gylde lashlite mid denum , ƿite mid englum , that is , as the old latin translation hath it , si quis decimam contrateneat , reddat lashlite cum dacis , witam cum anglis . lashlite denotes the danish common forfeiture , which , as it is thought , was in most offences xii . ores ( that was commonly xx. shillings , for xx. pence made an ore commonly ; and sometime , according to the variation of the standerd , t xvi . pence was an ore. but in oxfordshire specially , and glocestershire in domes-day , xx. goe to an ore ) as the english common forfeiture , or the wite , was xxx . shillings . the occurrence of these two names , is frequent in the saxon laws ; and it may seem by this , that some other law preceded for the payment of tithes , or els that the right of them was otherwise supposed cleer . for the autoritie of this and the rest comprehended in those of alfred and guthrun , obserue that in their title ; & ða ƿitan eac ðe syþþan ƿaeron , oft & unseldan ꝧ sealf ge●●ƿodon & mid gode gehyhton , that is , and the wisemen ( or the baronage ) of succeeding times very often renewed that councell of theirs , and in bonum adduxerunt , as in the old translation those last words are turned . iiii. it is reported of king aethelulph , that in the yeer d. ccc.lv . decumauit ( as ethelward writes ) de omni possessione sua in partem domini & in vniuerso regimine sui principatus sic constituit . the words of his charter , whereby he did it , are , cum concilio episcoporum ac principum meorum consilium salubre atque vniforme remedium ( hee means remedie against those miseries which the english had endured by danish irruptions ) affirmantes consensimus , vt aliquam portionem terrarum haereditariam antea possidentibus omnibus gradibus siue famulis & famulabus dei deo seruientibus , siue laicis miseris semper decimam u mansionem vbi minimum sit , tum decimam partem omnium bonorum in libertatem perpetuam donari sanctae ecclesiae dijudicaui , vt sit tuta & munita ab omnibus saecularibus seruitutibus &c. so is it reported in the abbot of crowlands historie , and varies not much in william of malmesburie , and nicholas x of glocester , who both haue it also at large . but in mathew of westminster , no other decima is mentioned in it , then decima terrae meae . out of the corrupted language , it is hard to collect what the exact meaning of it was . how most of the ancients vnderstand it , is best known by the words wherein they summe it . ingulphus thus of it ; omnium praelatorum ac principum suorum qui sub ipso , varijs prouincijs totius angliae praeerant , gratuito consensu tunc primò cum decimis omnium terrarum ac bonorum aliorum siue catallorum vniuersam dotauit ecclesiam anglicanam per suum regium chirographum . and hee tells vs further , that aethelulph , in the presence of his baronage , at winchester , offerd the charter vpon the altar , and the bishops receiued it , & sent it to be published in euery parish church through their diocesos . in florence of worcester it is in these words abbreuiated . aethelulphus rex decimam totius regni sui partem ab omni regali seruitio & tributo liberauit , & in sempiterno grophio in cruce christi pro redemptione animae suae & antecessorum suorum vni & trino deo immolauit . so also roger of houeden . an old french fragment of the y english historie sayes , that hee dismast la dime hide de tute westsaxe , and that it was pur pesire & vestre les pouures . the old archdeacon of huntingdon thus ; totam terram suam ad opus ecclesiarum decumauit propter amorem dei & redemptionem sui . and in the rythmes of z robert of glocester . the king to holye chirche thereafter euer the more drough , and tithed well all his lond , as he ought , well enough if we well consider the words of the chiefest of these ancients , that is , ingulphus , we may coniecture that the purpose of the charter was to make a generall grant of tithes payable freely and discharged from all kind of exactions vsed in that time , according as the monk of malmesburie , & a iohn pike in his supplement of the historie of england , expresse it . decimam , say they , omnium hydarum infra regnum suum à tributis & exactionibus regijs liberam deo donauit . that is , granted the tithe of the profits of all lands , free from all exactions . for , the granting of the tenth part of the hides or plough-lands , denotes the tenth of all profits growing in them , as well as decima acra sicut aratrum peragrabit , which is vsed for tithing of the profits , in the laws of k. edgar , ethelred , and knout , and accordingly also is this , of ethelulph , related in the saxon b chronicles of peterborough , canterbury , and abingdon . he did tithe his landes ofer all his rice gode to lofe &c. as the words are . that is , his lands ouer all his kingdom &c. and doubtlesse ingulphus no otherwise vnderstood it then of perpetuall right of tithes giuen to the church , where he remembers it by tunc primo cum decimis &c. so that the tithe of prediall or mixt profits was giuen , it seems , perpetually by the king with consent of his states both secular and ecclesiastique , and the tithe of euery mans personall possessions were at that time also expresly included in the gift , because ( it seems ) before that , the payment of all tithes had commonly been omitted . the ancientest of writers that hath the charter whole is that ingulphus : but questionlesse it is much corrupted especially in that of portionem terrarum hereditariam antea possidentibus omnibus gradibus . for what may that signifie ? but in matthew of westminster it is farthest from deprauation of language ; where , after portionem , follows terrae meae deo & beatae mariae & omnibus sanctis iure perpetuo possidendam concedam ; decimam scilicet partem terrae meae vt sit tuta &c. the priuilege or libertie annext to it is , that it should not be only free from all taxes and exactions vsed then in the state , but also from that c trinoda necessitas ( whereto all lands whatsoeuer , were subiect although otherwise of most free tenure ) by which they ment their expeditio or militarie seruice , pontis extructio , & arcis munitio . this freedom of that time you must it seems so interpret , that euery man was from henceforth to be valued in all subsidies and taxes according only to his nine parts of his lands and profits ; and the profits of the tenth being due to the church , were both in his and their hands hereby discharged from all paiments and taxes whatsoeuer . but should it be vnderstood only for a particular consecration to the church of one time , and of the land d it self to be possessed by the clergie or emploied to other good vses of charitie , then had it no more due place here among the laws of tithes , then the storie e of robert earle of glocester his giuing euery tenth stone ( of his prouision for the building of a towr neer to bristow ) to the erecting of a chappell , or edward f the confessor his building westminster abbey with the tenth of one yeers reuenue , or g offa's giuing the tithe of his estate to the clergie and the poor , or the like . but i conceiue it as is before declared . it is fit to adde here also another of ethelulphs grants or constitutions by the parlamentarie consent of that time , made to like purpose ; and that at large , because it is not in any published autor . in the h chartularies of the abbey of abingdon it occurres in the one , with the title of priuilegium aethelwlfi regis , in the other with quomodo adelwlfus rex dedit decimam partem regni sui ecclesijs . then follows the charter or constitution . ego aethelulf gratia dei occidentalium saxonum rex in sancta ac celeberrima paschali solennitate , pro meae remedio animae & regni posteritate & populi ab omnipotenti deo mihi collati consilium salubre cum episcopis , comitibus , & cunctis optimatibus m●is perfeci vt decimam partem terrarum per regnum nostrum non solum ecclesijs darem , verùm etiam & ministris nostris in eadem constitutis in perpetuam libertatem habere concessimus , ita vt talis donatio fixa incommut abilisque permaneat ab omni regali seruitio & omnium secularium seruitute absoluta . placuit autem aelhstano episcopo scirburnensis ecclesiae & swithuno wentanae ecclesiae episcopo , & ducibus communiter . hoc autem fecimus in honorem domini nostri ihesu christi & beatae semper virginis mariae & omnium sanctorum & paschalis festi reuerentiam , vt deus omnipotens nobis & nostris posteris propitiari dignetur . scripta est autem hac cartula anno ab incarnatione domini nostri ihesu christi dccc.liv . indictione ii. die paschali , in palatio nostro qui dicitur wiltun . qui autem augere voluerit nostram donationem augeat omnipotens deus dies eius prosperos . si quis vero minuere vel mutare praesumpserit , noscat se ante tribunal christi redditurum rationem nisi prius satisfactione emendauerit ✚ . ego aethelwlf rex ✚ . ego aelhstan episcopus ✚ . ego swithun episcopus ✚ . ego wlflaf abbas ✚ . ego werferd abbas ✚ . ego ethered & ego alfred filij regis consensimus . the ancientest hand wherein this is writen in the chartularies , is of about henry the second his time . and for the credit of it , you must relie vpon those chartularies . it differs in date both of place and time from the other . this is dated at wilton , that at winchester . this in dccc.liv . the second indiction at easter . that dccc.lv . and in some , the fourth indiction , and in others , the third in nouember . such a difference of indictions may well be , if the autors that deliuer it , added that note for the time that they conceiud it to be made in , not for the very characters of the date of the originall instrument . for , nouember falling in the fourth indiction imperiall , may be of the third indiction pontificial . the one beginning in september , the other in december following . that difference is in the relations of it between florelegus and the abbot of crowland . and the abbot perhaps reckond by the pontificiall indictions , and the other monk by the imperiall . if at least their copies be not corrupted . but whereas in malmesbury the date of that first charter is dccc.xliv . indict . iv.v. nonas nouembris . plainly it is false , neither could that indiction be in the character of the yeer dccc.xliv . which fell in the seuenth indiction . v. in a volume that belonged to the abbey of s. augustines in canterbury , titled statuta synodorum , writen in a hand of about dcccc . yeers after christ , or somwhat more , one paragraph is de decimis . but the mosaicall commandement ( for few of the iudicials of moses are wanting in it ) & a passage in s. augustine are the only autorities brought for them . no councell or positiue canon is mentioned in it to that purpose ; although for other things , synodus romana , synodus auraicensis , narbonensis , and very often synodus hybernensis oecur in it . the autors vsed , by him that compiled it , are s. augustin , s. hierom , s. gregorie , and isidore , ( which were in those midle times the k chiefe , almost the only fathers of the church that were read ) and sometimes gildas and s. patrike . whence it may seem that it was collected by som briton or irishman . and certain canons of that abbot adomann spoken of by l bede , are annext to it . neither did the autor of it doubt but that he had all the councells of credit that preceded him , as his own testimonie in his preface iustifies . there , after a short relation of the iv. most known and generally receiued , of nice , of constantinople , of ephesus , of chalcedon , he addes : hae sunt quatuor synodi principales fidei doctrinam plenissimè praedicantes . sed & si qua sunt concilia quae sancti patres spiritu & diuino pleni sanxerunt post istarum quatuor autoritatem , omni manent stabilia vigore , quorum gesta in hoc opere condita tenentur . but to the same volume is ioind another collection , with this inscription ; incipiunt pauca iudicia quae desunt de supradictis , in which the old canons of rome ( that is , the codex romanae ecclesiae , or some other in the nature of it , which was receiud into these northern parts , as a director of the church , in the eldest times of christianitie here , as you may see in our m ancientest church-storie ) is cited , and diuers autorities out of those fathers and a few of the elder councells . but , no denominated pontificiall or synodall is rememberd there for tithes . only the texts of moses for tithes , first fruits , the first born , and such more are numberd together ; and then follows a chapter de diuisione decimarum , with this declaration : lex dicit ; ipsi sacerdotes populi suscipiant decimas , & nomina eorum , quicquid dederint , scripta habeant & secundum autoritatem canonicam &c. in the self same words as are before attributed to the excerptions of ecbert . the exact age of those statuta synodorum , appears not . but they were collected about k. athelstans time . at least , then was the copie that remains of them writen , as may be coniecturd alone ( if other reasons failed ) from the similitude twixt the character found in them and that of the text of the holy euangelists , which king athelstan caused to be fairly writen , and consecrated to s. cutbert . that text with those statuta are both yet preserued from the iniurie of time , among those inestimable moniments of that noble knight sr robert cotton . for those pauca iudicia that follow ; they are of a later hand then the statuta ; but of what time , it sufficiently appears not . that lex dicit in them may be referd to the canon n related out of the excerptions of ecbert . but whence that canon is originally , i haue not yet learned . vi. king athelstan o about the yeer dccccxxx . by aduise and consent of the bishops of the land , made a generall law for prediall and mixt tithes , in these words . ic aeþelstane cyning mid geþeahte ƿulfhelmes mines hihbisceipes . & oþra minra bisceopa bebeode eallum minum gereafum ðuph ealle mine rice ( on þaes drihtaenes nama . & ealra halgena , & for mine lufu ) ꝧ hi aerost mines agenes ðam teoþe gesyllaþ . ge ðaes libbendes ryfes . ge ðaes gearlice ƿestmes ; p & ꝧ ilce gedo eac ða bisceopas heora geƿhilcra . & eac mine ealdormanna . & gereafa ; & ic ƿille ꝧ mine bisceopes & gereafa ðaes demaþ eallum ðe hio gehyrsumian gebyraþ . & ꝧ ilce to þam tide fulfremaþ ðe ƿe hio settaþ . & þaes sie to ðaem daeg ðaer beheafdunges seint iohannes þaes fulhteres ; which is anciently thus turnd q into latine . ego athelstanus rex consilio wulfhelmes archiepiscopi mei & aliorum episcoporum meorum mando praepositis meis omnibus in toto regno meo , & praecipio ( in nomine domini & sanctorum omnium & super amicitiam meam ) vt inprimis de meo proprio reddant deo decimas tam in viuente captali quam mortuis frugibus terrae . & episcopi mei similitèr faciant de suo proprio & aldermanni mei , & praepositi mei . et volo vt episcopi & praepositi mei , hoc iudicent omnibus qui eis parere debent , & hoc ad terminum expleant quem eis ponimus , i. decollatio s. iohannis baptistae . and the example of iacob , with a text or two out of holy writ and s. augustin , is added to moue deuotion . that translation agrees wholly enough with the saxon , sauing in those words mortuis frugibus ; the saxon being yeerly fruits , which also another r copie of this translation expresses by ornotinis frugibus , corrupted plainly from hornotinis frugibus , i. the fruits of one and the last yeer , or the yeerly increase . and perhaps some ignorant monk finding ornotinis , and not vnderstanding it , because he would be sure to square it to his own abilitie of learning , made it mortuis . which kind of changing hath examples enough in bold but ignorant criticisme . that which the old translator calls viuens captale , is , libbendes yrfes i. liuing cattell , in the saxon ; which hath often s ceap also for chattels , and somtimes specially for liuing cattell , but the old t latine of the saxon laws turns ceap also into captale , whence cattalla is like enough to haue discended . and the first stock of cattell which by king ina's * laws was to be giuen to orphans , was called frumstole in saxon , but primum captale in the old translations . in brampton's u historie ( which is full of the laws of the saxon times ) after those constitutions of grateley , part of which are in lambard's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , follows a thankfull acknowledgment to k. athelstan for this law of tithes , in these words . karissime ; episcopi tui de kent & omnis kentsirae , thayni , comites & villani tibi domino dulcissimo suo gratias agunt , quod nobis de pace nostra praecipere volusti , & de commodo nostro perquirere & consulere ; quia magnum opus est inde nobis diuitibus & egenis . et hoc incepimus , quantâ diligentiâ potuimus , consilio horum sapientum quos ad nos misisti . vnde , karissime domine , primum est de nostra decima , ad quam valdè cupidi sumus & voluntarij & tibi supplices gratias agimus admonitionis tuae . vii . about d. cccc.xl . edmund king of england in a micelne synod , that is , a great synod , or councell , a kind of parlament , both of lay and spirituall men ( which are exprest by godcundra and ƿorldcundra ) held in londan , made this x act. teoþungum ƿe bebeodaþ aelcum cristenum men be his cristendome . & cyricsceat , & aelmesfeoh ; gif hit hƿa don nylle . ry he amansumod . which is anciently y turned ; decimam praecipimus omni christiano super christianitatem suam dare ; & emendent cyrycsceatum i. ecclesiae censum , & aelmesfeoh i. eleemosynae pecuniam . si quis hoc dare noluerit , excommunicatus sit . and all agrees with the saxon , sauing only , that nothing answers to the word emendent . that cyrycsceat is a church-rent of corn , or the first fruits of corn yeerly in those times , and regularly payable at s. martins day to the church z ; and is sometimes writen curcscet ; sometimes otherwise . and in an old ms. exposition of law-terms , occurres , cherchesonde , vne mesure de ble que checun homme soleit enuoier a seint esglise en temps de bretons . plainely , church-corn is vnderstood ; and cyrksceat , that is , church-rent is the originall whence cherche sonde is there corrupted . and among articles a inquirable by euery escheator in . hen. . about the profits , estate , tenue , and issues of the kings tenants , one is of cherchescot tam in blado quam in gallinis , & in alijs exitibus . it is circset often in the book of domesday . where it is found belonging sometimes to abbeys , somtime to parish churches , somtimes to others . it was still as first fruits . and this old testimonie is for the antiquitie and continuance also of payment of it here . churchesset b certam mensuram bladi tritici significat quam quilibet olim sanctae ecclesiae die sanctae martini tempore tam britonum quam angloram c : plures tamen magnates post normannorum aduentum in angliam illam contributionem , secundum veterem legem moysi , nomine primitiarum dabant , prout in breui regis knuti ad summum pontificem transmisso continetur , in d quibus illam contributionem appellat chirchsed , quia semen ecclesiae . but what the autor meanes by that letter or brief of king knout , sent to the pope , i as little know , as why hee cites that for autoritie to proue what the baronage did after the normans . indeed , an epistle is e extant , which knout sent into england ( by liuing abbot of tauis●ok ) as hee was taking his iourney home-wards from the pope . and therein , mention is of this curc scet . of any other i am yet ignorant . that aelmesfeoh , or almes-money , was the peeter-pence , due yeerly at the first of august , by institution , as some will , of king ina , as others , of king aethelulph . and they were called also romefeoh , romescot , heorþpening . viii . of the same time , some constitutions are extant , f made by odo archbishop of canterburie ( yet not , for aught appears by them , in a synod ) with this preface , ego oda humilis & extremus diuina largiente clementia , almi praesulis & pallij honore ditatus , quaedam documenta omni christicolâ non indigna , quae à praecedentibus illustrium virorum praeceptis certissima comperi , ad consolationem domini mei regis scilicet aetmundi omnisque populi excellenti imperio eius subiecti , in ista cartula , coadunare decreui . vnde deuotissimè obsecro & clementissime hortor audientum mentes vt si quando haec recitanda audiant interiùs videlicet & in corde , frequenti meditatione plantent , & multiplici bonae operationis munere ex eo fructum pacatissimum in tempore messis sibi colligant . primo capitulo praecipimus & mandamus vt sancta dei ecclesia &c. and so goes on with some particulars which belong to church-discipline ; the x. and last chapter being only for tithes in these words . x. capitulo mandamus & fidelitèr obsecramus de decimis dandis sicut in lege scriptum est . decimam partem ex omnibus frugibus tuis seu primitijs deferas in domum dominij dei tui . rursum propheta , afferte , g inquit , omnem decimam in horreum meum , vt sit cibus in domo mea & probate me super hoc si non aperuero vobis cataractas coeli & effudero benedictionem vsque ad abundantiam & increpabo pro vobis qui comedit & corrumpit fructum terrae vesirae . & non erit vltra vinea sterilis . vnde & cum obtestatione praecipimus vt omnes studeant de omnibus quae possident dare decimas ; quia speciale domini dei est ; & de nouem partibus sibi viuant & eleemosynas tribuant . where note , the syllables are of that which in the centuries is referd to an english councell of d. cc.lxxxvi . before in § . ii. for this of odo , although no expresse occurrence denote , that it was in a councell , yet you may much incline to beleeue it was in one , if you compare it with h what you find in the monk of malmesburie of him . ix . king edgar about the yeer d. cccc.lxx mid his ƿitena geþeahte , that is , with the aduise and counsell of his wisemen , or baronage , ordained , that the church should enioy all her liberties , & i man agyfe ylce aelc teoþunge to þaem ealdan mynstre ðe seo hyrnesse to hyrþe ; & si þonne sƿa geleast . aegþer of ðaegnes inland . ge of neatland . sƿa his sulh gega ; . gif hƿa ðonne degna sy . ðe on his boclande eyrican haebbe ðe legerstoƿe on sy . gesylle he ðonne ðritdan dael his agenre teoþunge into his cyrican ; . gif hƿa cyrican haebbe ðe laeerstoƿe on ne sy . ðonne do h of ðaem nygan daelum his ƿreost ꝧ ꝧ he ƿille ; . and sy aelcre geoguþe teoþunge gelaest be pentecosten ; & þaera eorþ ƿaestma be em●ihte ; . gif hƿa ðonne þa teoþunge geleastan nelle sƿa ƿe ge-cƿaeden habbaþ . fare ðaes cyningesgerefa to . & þaes bisceopes . & þaes mynstres maessepreost . & niman unþances ðone teoþen dael to ðaem minstre ð hit to gebyrrige . & taecan him to þaem nigoþon dael ; & to daele mon þa eahta daelas on tþa. & fo se k hlaford to healfan . to healfan se bisceop . sy hit cyninges man. sy hit ðegenes ; that is , in the old l latine copies : . et reddatur omnis decimatio ad matrem ecclesiam cui parochia adiacet , de terra m thainorum & villanorum , sicut n aratrum peragrabit . . si quis thainorum sit qui in feodo suo ecclesiam habeat vbi caemiterium sit , det ei tertiam partem decimae suae . . si non sit tibi atrium ( but the saxon hath here the same word as before for caemiterium , that is , laegerstoƿe ) det , ex suis nouem partibus , presbytero , quod vult . . et omnis decimatio iuuentutis reddita sit ad pentecosten ; & terraefrugum , ad aequinoctium . . si quis decimam dare sicut diximus noluerit , adeat praepositus regis & episcopi & sacerdos illius ecclesiae , & reddant ecclesiae cui pertinebit decimam suam ; & nonam partem dimittant ei qui decimam suam detinuit , & octo partes in duo diuidantur dimidium domino , dimidium episcopo ; sit homo regis , sit homo thaini . this latine agrees well enough with the saxon ; although in this last § . si quis , for episcopi o sacerdos , lambard hath & episcopus & sacerdos illius ecclesiae &c. but whereas the translator vses the word ecclesia only for church ; in the saxon , that which he calls matrem ecclesiam , is denoted by ealdan mynstre , and that ecclesia , in § . . si quis thainorum , by cyrican ; whence , our word kirk , or church , is framed . for the difference of church and minister here , somewhat where anon wee speak of parishes of that time . x. a councell or a kind of parlament held vnder king ethelred , by the aduise of his two archbishops , elfpheg and wulfstan , ( about the yeer m.x. ) is yet extant , wherein laws are for tithes . but because it remaines only a manuscript of about the time of the norman conquest , the preface of it shall be here first noted , that thence the autoritie of it may be the better vnderstood . it is inscribed with p incipiunt synodalia decreta . then begins with ; quodam tempore contigit vt regis aethelredi edicto concrepante , archipraesulumque alfeagi & wulfstani hortatu instigante , vniuersi anglorum optimates die sancto pentecostes ad locum ab indigenis eanham nominatum acciti sunt conuenire . collecto itaque ibidem christicolarum coetu venerabilium quamplurimorum de catholicae cultu religionis recuperando , deque etiam rei statu publicae reparando vel consulendo plura & non pauca vtpote diuinitus inspirati ratiocinando sermocinabantur . then follows some constitutions about monks , abbots , canons , and other of the clergie . after which , the councell goes on with , post haec igitur archipontifices praedicti conuocatâ plebis multitudine collectae , regis edicto suprascriptae omniumque consensu catholicorum omnibus communitèr praedicabant vnum deum colendum esse debere , patrem videlicet &c. and diuers canons succeed ; and among them occurres , nec ecclesiae antiquitùs constitutae decimis vel alijs possessionibus priuentur ita vt nouis oratorijs tribuantur ; which very words are found in an elder councell of mentz , and in the imperiall capitularies . then immediatly follows , decimationes frugum & vitulorum & agnorum , necnon & aratrales eleemosynae , ecclesiasticaque munera domino per singulos annos temporibus rependantur congruis . eleemosynae videlicet aratrales quindecim diebus post pascha peractis ; vituli quoque & agniculi decimales erga pentecosten , frugum verò terrae decimationes circa omnium festiuitatem sanctorum ecclesijs persoluantur opportunis . to it , is ioind the most part of it q in saxon. but that preface is wholly therein wanting . neither doth any thing in the saxon answer to that , nec ecclesiae antiquitus constitutae &c. but those tithes are there reckond among godes gerightas , that is , things due vnto god. and the saxon text for them is ; geogoþe teoþunge be pentecosten . & eorð ƿaestma be ealra halgenamaessan , that is , the tithe of yong cattell is to be paid at whitsontide , and of fruits of the earth at alhollows . and according to this , in an old saxon r collection of christian dutie , aelc man , ( saies the autor ) teoðunga gelaeste mid rihte , that is , let euery man pay his tithes iustly . those aratrales eleemosynae were called sulh aelmessan , that is , plough-almes ; which was a peny to be paid of euery plough-land . and the ecclesiastica munera were only the first fruits of corne paid at s. martins day ; whereof before § . viii . xi . in some laws of k. ethelred remaining in abbot brampton his historie , we read . s omnis thainus decimet quicquid habet . and praecipimus vt omnis homo super dilectionem dei & omnium sanctorum det cyricsceatum & rectam decimam suam sicut in diebus antecessorum nostrorum fecit quando melius fecit , hoc est , sicut aratrum peragrabit , decimam acram , & omnis consuetudo reddatur super amicitiam dei ad matrem nostram ecclesiam cui adiacet , & nemo auferat deo quod ad deum pertinet , & praedecessores nostri concesserunt . the inscription of those laws mongst which these are found , is , haec instituerunt ethelredus & sapientes eius apud habam . by this , and that of edgar before cited , it appears that the tithe of euery tenth acre according to the order of tithing the whole farme , was to be paid to the church . which also is made more plain in the next law of king knout . xii . gelaeste man ( are the ƿords of t one of k. knouts laƿs made about m.xx. ) godes gerihta aeghƿilc geare rightlice georne ; þaet is sulhaelmesse fiftene niht ofer eastran . & gegoþe teoþunge be pentecosten . & eorþ ƿaestma be ealra halgena maessan ; & gif hƿa þonne þa teoþunge gelaestan naelle . sƿa ƿe gecƿedan habbaþ . ꝧ is se teoþa aecer . eal sƿa se sulh hit gegaþ . þonne fare to ƿaes cyninges gerefa . & þas biscopas , & þaes land rican , & þaes minstres maessespreost . & niman unþances þonne teoþan dael to þam minstre he hit to gebyrige . & teacum him to þam nigoþum dael ; & to daele man þa eahta daelas on tƿa . & fo se landhlaford to healfum , & to healfum se bisceop ; sy hit cyninges man. sy hit ðegener ; this is u anciently thus turned ; reddantur deo debitae rectitudines annis singulis , hoc est eleëmosyna carucarum , xv. diebus post pascha , decimae de nouellis gregibus in pentecosten , terfenorum fructuum in festo omnium sanctorum . si quis hanc decimam dare nolit sicut omnium nostrum commune est institutum , hoc est decimam acram sicut aratrum peragrabit , eat praepositus regis & episcopi & domini ipsius tetrae cum sacerdote & ingratis auferant & ecclesiae cui pertinebit reddant . nonam verò partem relinquant ei qui decimam dare noluit . octauas partes reliquas in duo diuidant & sit vna medietas episcopi , alia terrae domini , siue sit homo regis siue thaini . with this latin , the saxon agrees . and it is almost but a repetition of king edgars law for tithes . and those two paragraphs in king edgars , the one touching a conueyance of a third part of the tithes to a church that had right of sepulture , the other concerning a church that wanted that right , are also repeated ( as many other laws of the former ages ) in those of king knouts ; which are called lege y anglicae generally in the ancientest latin copies that i haue seen . xiii . the copie of the laws of edward the confessor , that bears this title ; leges boni regis edwardi quas guilielmus bastardus postea confirmauit , hath this z for tithes : de omni annona , decima garba deo debita est & ideò reddenda . et si quis gregem equarum habuerit , pullum reddat decimum . qui vnam vel duas habuerit , de singulis pullis singulos denarios . similiter qui vaccas plures , habuerit , decimum vitulum . qui vnam vel duas , de vitulis singulis obolos singulos . et qui caseum fecerit , det deo decimum . si verò non fecerit lac decima die . similiter agnum decimum , vellus decimum , caseum decimum , butyrum decimum , porcellum decimum . de apibus verò similitèr decima commodi . quin & de bosco , de prato & aquis & molendinis , parcis , viuarijs , piscarijs , virgultis & hortis , & negotiationibus & omnibus rebus quas dederit dominus . decima pars ei reddenda est , qui nouem partes simul cum decima largitur . qui eam detinuerit per iustitiam episcopi & regis ( si necesse fuerit ) ad redditionem * arguatur . haec enim praedicauit b. augustinus , & concessa sunt à rege baronibus & populo . but howeuer those laws are attributed to the confessor ; it is certain that as the ordinarie copies of them are , and as they speak in the published volume of saxon laws , they are not without many mixtures of somewhat later transcribers . xiv . in a synod , a writen in saxon , & held about the cōquest , diuers laws preceding , about the punishment of crimes by fasting vi. vii.x . yeers together with bread and water , a perswasion follows for almes &c. in it we read teoþge on godes godes est eal ꝧ he age . that is , let tithe be paid of all that is possest though the lords bountie . xv. out of a ms. of excester i haue seen b transcribed a canon of a councell held at windsore , some yeers after the norman conquest ( i think vnder lanfrank ) in these words : vt laici decimas reddant sicut scriptum est . xvi . in a conuocation at westminster c held in . hen. . vnder anselm archbishop of canterburie , and girard archbishop of yorke , for both prouinces , it was ordaind vt decimae non nisi ecclesijs dentur . it was not only a synod of the clergie ; but royall autoritie with the assent of the baronage ( at least of the greater nobilitie ) was ioind with it . for thus speaks the monk of malmesburie relating it . anno dominicae incarnationis . quarto autem praesulatus paschalis summi pontificis , tertio regni regis gloriosi henrici anglorum , ipso annuente , communi consensu episcoporum & abbatum & principum totius regni , adunatum est concilium in ecclesia beati petri in occidentali parte iuxta londoniam sita , in quo praesedit anselmus &c. and then . huic conuentui affuerunt , anselmo archiepiscopo petente à rege , primates regni , quatenus quicquid eiusdem concilij autoritate decerneretur , vtriusque ordinis concordi curâ & sollicitudine ratum seruaretur . sic enim necesse erat ; quia multis retrò annis , synodali cultura cessante , vitiorum vepribus succrescentibus , christianae religionis feruor in anglia nimis refrixerat . and agreeing to this reason is a passage in the d synod of london , held vnder lanfrank archbishop of canterbury in . will. . et quod ( are the words ) multis retro annis in anglico regno vsus conciliorum obsoluerat , renouata sunt &c. that canon seems to haue been made against arbitrarie consecrations of tithes then practiced , whereof anon largely . xvii . the laws e of henrie the first haue one title , de placitis ecclesiae pertinentibus ad regem , and vnder that , are these words : si quis rectam decimam superteneat , vadat praepositus regis & episcopi & terrae domini cum presbytero & ingratis auferant & ecclesiae cui pertinebit reddant , & nonam partem relinquant ei qui decimam partem dare noluit . according to those of king edgar and king knout f before related . xviii . alberique bishop of ostia , legat in england to pope innocent the second , in . of king stephen , held a synod at london ; and in that ( as i haue seen it g transcribed out of a book of worcester ) this canon is , de omnibus primitijs rectas decimas dari apostolica autoritaee praecipimus , quas qui reddere noluerit anathematis in eum sententia proferatur . primitiae must , it seems , be here vnderstood for euery new yeers encrease . xix . vnder henrie the second a pontificiall decree was sent to all the bishops of the prouince of canterburie ( about the yeer m.c.lxx. ) by pope alexander the third commanding h them that they should admonish all men in their seuerall dioceses , & si opus fuerit , as the words are , sub excommunicationis districtione compellere , vt de prouentibus molendinorum , piscariarum , faeno , & lana , decimas ecclesijs , quibus debentur , cum integritate persoluant . the direction of it was , cantuariensi archiepiscopo & eius suffraganeis . to this you may adde that other i of the same popes to the bishop of winchester : mandamus , quatenùs paraecianos tuos de apibus , & de omni fructu decimas persoluere ecclesiasticâ districtione compellas . both these were afterward made part of gregories decretalls , and are of force to this day in the canon law of the church of rome . xx. in . of the same king henrie the second , richard archbishop of canterburie held a prouinciall synod at westminster , in which were neer all the bishops and abbots of his prouince , as also the two kings , the father and the sonne . there , diuers constitutions out of old councells and popes decrees were published to be obserued in his prouince . among them , one is out of a synod at rosne , in k these words : omnes decimae terrae siue de frugibus siue de fructibus , domini sunt & illi sanctificantur . sed quia multi modò inueniuntur decimas dare nolentes ; statuimus , vt iuxta domini papae praecepta admoneantur semel , secundò , & tertiò , vt de grano , de vino , de fructibus arborum , de foetibus animalium , de lana , de agnis , de butyro & caseo , de lino & canabe & de reliquis quae annuatim renouantur , decimas in egrè persoluant . quòd si commoniti non emendauerint , anathemati se nouerint subiacere . xxi . hubert archbishop of canterburie by his power legatin , receiud from pope caelestin the third , in . rich. . held a prouinciall councell for the prouince of yorke ; and therein l one of the canons thus speaks for tithes . cum decimae sint tributa egentium animarum & ex praecepto domini dari debeant , non est reddentis eas diminuere . statuimus itaque vt de his quae renouantur per annum , cum omni integritate decimae debitae & consuetae conferantur ; ita vt inprimis decimae absque vlla diminutione ecclesiae dentur , postmodùm de nouem partibus mercedes messorum & aliorum seruientium pro arbitrio soluentis tribuantur . xxii . the same archbishop hubert in . of k. iohn , m generale celebrauit concilium lundonijs apud westmonasterium contra prohibitionem galfridi filij petri comitis de essexe tunc temporis summi iustitiarij angliae . for it appears that in those elder times there n was great controuersie between the king , in whose right the chief iustice of england here sent out his prohibition , and the archbishop touching this point ; whether the archbishop , either as archbishop or as legat , might hold a prouinciall or nationall councell without autoritie from the crown ; but that is now declared cleer o and so practiced that he may not . in that councell , notwithstanding the prohibition , he ordaind thus for tithes . cum deo & sacerdotibus dei decimas dandas , abraham factis , & iacob promissis innuent , & autoritas veteris & noui testamenti necnon & sanctorum patrum statuta declarent decimas de omnibus , quae per annum renouantur praestandas ; id inuiolabilitèr decernimus obseruandum , ita quod occasione mercedis seruientum vel messorum decima pars non minuatur , sed potius integre persoluatur . habeant etiam presbyteri potestatem ante autumnum excommunicandi omnes fraudatores decimarum suarum , & eosdem secundum formam ecclesiasticam absoluendi . huic adijcimus sanctioni , vt de terris nouitèr cultis , non aliàs dentur decimae quam ecclesijs parochialibus infra quarum limites terrae illae de quibus decimis perueniunt excoluntur . detentores verò decimarum , iuxta rothomagensis concilij constitutum , si semel secundò & tertiò commoniti , excessum suum non emendauerint vsque ad satisfactionem condignam anathematis vinculo feriantur . saluo in omnibus s.s.r.e. honore & priuilegio . which saluo is to euery of his canons . xxiii . among the decretall epistles of pope innocent the third , one p is directed cantuariensi archiepiscopo , vt ecclesijs parochialibus iustè decimae persoluantur ; and thus speaks . peruenit ad audientiam nostram quod multi in docesi tua decimas suas integras , vel duas partes ipsarum non illis ecclesijs in quarum parochijs habitant , vel vbi praedia habent , & à quibus ecclesiastica percipiunt sacramenta persoluunt : sed eas alijs pro sua distribuunt voluntate . cum igitur inconueniens esse videatur & à ratione dissimile , vt ecclesiae quae spiritualia seminant , metere non debeant à suis parochianis temporalia , & habere ; fraternitati tuae autoritate praesentium indulgemus vt liceat tibi super hoc non obstante contradictione vel appellatione cuiuslibet , seu consuetudine hactenus obseruata , quod canonicum fuerit ordinare , & facere quod statueris per censuram ecclesiasticam firmiter obseruari . nulli ergo &c. confirmationis &c. datum lateran . ii. nonas iulij . xxiv . in a collection of diuers constitutions for the english church , out of councells and others , titled only q constitutiones cuiusdam episcopi , and writen about hen. the thirds time , one of tithes occurs . decimas de omnibus quae renouantur per annum & maximè consuetas , dandas decernimus & potissime de molendinis & piscarijs & faenis & apibus & de terris arabilibus & ad prata posteà vel ad pasturam redactis , ita vt occasione mercedis seruientum vel messorum decima parte non frustrentur quo minus eam plene percipiant . detentores vero earundem decimarum si semel , secundo , & tertio commoniti excessum suum non emendauerint ; concedimus quod per capellanos locorum vsque ad satisfactionem congruam excommunicationis vinculo feriantur . cum autem hi qui decimas detinuerint vel subtraxerint ad poenitentiam accesserint , non admittantur nisi per se vel per manum sacerdotis ei , cui decimae debentur , satisfaciant competenter . xxv . a constitution for due paiment of tithes r was made about ▪ hen. . by walter gray archbishop of york . i haue only a note of it which i took out of the ms. but the words i could not now transcribe for want of the copie . the copie it self i once saw in the librarie of mr. henrie sauill who is now with god. xxvi . the chiefest of the english canon laws , made for tithes ( both prediall and personall ) is that commonly attributed to a councel of robert winchelsey archbishop of canterburie , held in . ed. . at london ; some copies s referring it to archbishop boniface and the time about . hen. . or to an old synod of merton . but in the synod of merton held . hen. . no part of it is extant . that i examined in the t annalls of the abbey of burton where the canons of that synod are at large collected . yet in the pupilla z oculi , writen by iohn de burgo chancelor of cambridge in m.ccc.lxxxv . it is called constitutio facta apud merton per omnes episcopos angliae . these are the words of it , as it remains in the body of the prouincial constitutions . quoniam propter diuersas consuetudines in petendo decimas per diuersas ecclesias inter rectores ecclesiarum & parochianos suos , rixae , contentiones , scandala & odia maxima multotiès oriuntur . volumus & statuimus quòd in cunctis ecclesijs per cantuariens . prouinciam constitutis , vniformis sit petitio decimarum & proventuum ecclesiarum . imprimis volumus quod decimae de frugibus , non deductis expensis , integrè & sine aliqua diminutione soluantur : & de fructibus arborum : & de seminibus omnibus , & de herbis ortorum nisi parochiani competentem fecerint redemptionem pro talibus decimis . volumus & statuimus etiam quod decimae de foenis vbicunque crescant , siue in magnis pratis siue in paruis siue in cheminis exigantur , & prout expedit ecclesiae persoluantur . de nutrimentis autem animalium scilicet de agnis ; statuimus quod pro sex agnis & · infra , sex oboli dentur pro decima . si septem sint agni in numero , septimus agnus detur pro decima rectori , ita tamen quod rector ecclesiae qui septimum agnum recipit , tres obolos in recompensationem soluat parrochiano à quo decimam illam recepit . qui octauum recipit , det denarium . qui verò nonum , det obolum parochiano vel expectet rector vsque ad alium annum donec plenariè decimum agnum possit recipere si maluerit : & quum ita exspectat semper exigat secundū agnum meliorem vel tertium ad minus de agnis secundi anni : & hoc pro expectatione primi anni . et ita intelligendum est de decima lanae . sed si oues alibi in hyeme & alibi in aestate nutriantur diuidenda est decima . similiter siquis medio tempore emerit vel vendiderit oues , & certum sit à qua parrochia illa oues venerint : carundem diuidenda est decima sicut de re quae sequitur duo domicilia . si autem incertum fuerit , habeat illa ecclesia totam decimam infra cuius limites tempore tonsionis inueniuntur . de lacte verò volumus quod decima soluatur dum durat ; videlicet de casco tempore suo . et de lacte in autumno & hyeme nisi parochiani velint pro talibus facere competentem redemptionem , & hoc ad valorem decimae & commodum ecclesiae . de prouentibus autem molendinorum volumꝰ quod decimae fideliter & integrè soluantur . de pasturis autem & pascuis tam non communibus quam communibus statuimus quod decimae fideliter persoluantur : & hoc per numerum animalium & dierum vt expedit ecclesiae . de piscationibus & apibus sicut de omnibus alijs bonis iuste acquisitis quae renouantur per annum , statuimus quòd decimae soluantur & exigantur debito modo . statuimus etiam quod decimae personales soluantur de artificibus & mercatoribus scilicet de lucro negociationis ▪ similiter de carpentarijs , fabris , cementarijs textoribus , pandox atricibus , & omnibus alijs operarijs stipendarijs , vt videlicet dem decimas de stipendijs suis nisi stipendarij ipsi aliquid certum velint dare ad opus vel ad lumen ecclesiae si rectori ipsius ecclesiae placuerit . then a word or two of mortuaries ; after which , sed quoniam inveniuntur multi decimas sponte dare nolentes ; statuimus quod parochiani moneantur primo secundo & tertio vt decimas deo & ecclesiae fideliter soluant . quod si non emendauerint primò ab ingressu ecclesiae suspendantur , & sic demùm ad solutionem decimarum per censuram ecclesiasticam si necesse fuerit compellantur . si autem dictae suspensionis relaxationem vel absolutionem petierint : ad ordinarium loci mittentur absoluendi : & debito modo puniendi . rectores autem ecclesiarum seu vicarij aut capellani annui qui predictas decimas predicto modo propter formidinem hominum seu fauorem , timore dei postposito , vt predictum est , cum effectu non petierint : pena suspensionis innodentur donec dimidiam marcam argenti pro sua inobedientia archidiacono loci persoluant . and then follow two other constitutions , vnder winchelsey's name , for some more peculiar order in payment . but that first referd to him , is in a ms. y ( written of about the time of henry the sixt ) of the english episcopall constitutions , seuerally thus titled , constitutio domini stephani de langtone archiepiscopi edita de modo decimandi . stephen of langton was archbishop vnder king iohn . but it is not extant in the synod of his time . xxvii . in a councell at london vnder simon mepham , archbishop of canterburie , held in . ed. . a z canon is against such as hindered church-men from taken their tithes , either by keeping them and their seruants from entring into the land , or by exacting * gloues , stockings , or some such bribes , before they would permit them take that right , which god , as it is there inserted , in signum vniuersalis dominij sibi reddi praecepit , & pro suo cultu clericis assignauit . all such offendors are branded with excommunication : and another constitution of a councell of pauls , held in . ed. . vnder iohn stretford archbishop of canterburie , is to the selfe-same purpose . xxviii . for tithe of copis wood , or silua caedua , also in that of stretford , was a * canonin these words : quanquam exsoluentibus benè decimas deus frugum omnium abundantiam & possessionum promiserit vbertatem : tamen dolentes referimus quod nonnulli nostrae prouinciae contra testamenti veteris atque noui doctrinam de syluis suis caeduis & lignis arborum caeduarum excisis circa quae minus , quàm circa fructus agrorum , laboris impendunt , decimas deo & ecclesijs quibus debentur notoriè , propter hoc quod ipsas in praeteritum non dederunt , soluere contradicunt . quòd estimant idcirco licere quod legem moris de longa inualuisse consue●udine arbitrantur , in dubium etiam reuocantes quid silua caedua sit censenda . nos igitur aduertentes quod si sua portione ecclesia sit defraudata diutinè , crimen praeterea non minuitur sed augetur : ac fames & penuria omniumque rerum egestas opprimunt bene decimas non soluente ; huiusmodi declaramus pouisione concilij siluam caeduam , illam fore quae cuiuscunque existens generis arborum in hoc habetur vt cedatur , & quae etiam succisa rursus ex stirpibus aut radicibus renascitur ; ac ex ea decimam vtpote realem & praedialem parochialibus ac matricibus ecclesijs persoluendam ; nec non siluarum possesso res huiusmodi ad praestationem decimarum lignorum ipsorum excisorum in eis , sicut feni & bladorum omni censura ecclesiastica fore canonicè compellendos . by this , tithe of all kind of wood was payable . but in the a parlament with which that conuocation was held , a petition was exhibited by the commons , que nul home soit tret en plee en court christien pur dismes de bois ou de south bois si nonn en lieux ou tielx dismes soloient estre donez . and the answer was , soit fait de cella auxi come il ad este fait einz cez heures . xxix . and the yeer following , in the next parlament , a b complaint was against that constitution by the commons . item pria le commen que come constitution soit fait per les prelats a prendre disme de chescun mannere de bois quel chose ne fuit vnques vsee , & que niefs & femes poent faire testament que est contre reson . que plese per lui & per son bon conseil ordainer remedie , & que son people demoerge en mesme l'estate qu'ils soloient estre en temps de touts ses progenitours , & que prohibitions soiēt grantes a touz ceux que sont empledes de dismes de bois sans auoir consultation . wich was no otherwise answerd , but with , le roy voet que ley & reason ent soient faits . xxx . three yeeres after , in c . ed. . a petition was touching the same matter put thus in by the commons . item monstre la commune come nadgairs lerceuesque de cantirbiry & les autres prelats ordenerent vne constitution a doner dismes de subbois venduz tant solement , la ou auant ces heures nulles dismes furent donez , ore les gentz de seint esglise per force de la constitution pernent & demandent les dismes auxibien de gros bois come de subbois venduz & nient venduz econtre oe qu'ils ont vsez puit temps de memoire , a grant damage de la commone de quoi ils prient remedie del vn point & del autre . to this is answered . l'erceuesque de cantirbiry & les autres euesques on t responduz que tiele disme nest demandee per reson de la dit constitution forsque de subbois . but i well conceiue not why they complain of the constitution , as made only for the tithe of wood sold. no such thing appeares in it , that iustifies their supposition . xxxi . this tithing of wood , and of such other things as were not of custome paid , still vexed the commons . and therefore againe in a parlament d of . ed. . they exhibit this petition . item pria la commone , que si la clergie en droit des dismes de haut bois & southbois ou d'autre chose riens demandent ou attemptent de nouel forsque solement ceo & en les lieus d'ont ils ont este d'aunciens temps seisis come en le droit de lour esglises , que pleise a nostre seigniour le roy ent granter prohibition sans consultation a touz ceux que le voillent demander en tiel cas , & que les dites gents de s. esglise soient defenduz a demander dismes de grosse bois . here the commons would haue had such a libertie of discharge of tithes not vsually paid , as the philippine in france , and the like edicts of some other nations giue the subiect . but the answer was , le roy & son conseil se voillent de ceste petition auiser . xxxii . but vpon new petition , by the lords temporall and commons in the parlament of . ed. . it was enacted ( as you see in the published statutes , agreeing with the record ) that tithe should not be exacted of great trees , being of xx. yeeres growth , or aboue . and that vpon a suit commenced in the spirituall court for such tithes , a prohibition should be granted , as it had been in former time also vsed . but that vse , it seemes , had been somewhat discontinued , through a reuerence giuen to that synodall canon of archbishop stretford . although in . ed. . fol. . b. belknap saies , that it was neuer seen , that tithes had been demanded of great trees and of timber . this statute e hath had still force in practice to this day . xxxiii . yet , notwithstanding this statute , the clergie were not so contented ; but vnder pretence that it was not indeed , by sufficient autoritie , made a statute , but only an ordinance ( the contrarie whereof appears both in the roll and in the consent of following time ) oft times afterward brought the temporaltie in question vpon their canons ; insomuch , that in the parlament of f . ed. . a bill was put in by the commons , reciting that of . ed. . and then relating , that les persons de seint esglise entendants que cel ordinance ne restreint my lour aunciene accrochements , surmettants que ce ne fuist my afferme pur estatut , font occasions in court christien a contrarie del ordenance suisdit a grant damage del people , per qui pleise a nostre seignior le roy d'afermer la dite ordenance pur estatut a durer pur temps auener , & que prohibition especiall sur mesme lestatut de ceo soit fait en la chancellerie defendant que eux ne ●ignent plee en court christien des dismes de bois del age auantdit , that is , of xx. yeeres . the answer hereto was , soit tiele prohibition grantee come ad este vse d'auncien temps . thus did the clergie and commons so differ touching the execution of the canons ; and insomuch , that afterward also the commons put in a bill , g que nul estatute ne ordenance soit faite ne grante au petition du clergie si ne soit per assent de voz commens . ne que vous dites commens ne soient obligez per nulles constitutions qu'ils font pur lour auantage sanz assent de voz dites commens . car eux ne ▪ veullent estre obligez a nul de voz estatutz ne ordinances fa●tz sanz lour assent . but the answer was only thus , soit ceste mature declarè en speciall . this by the way . xxxiv . here may be h rememberd thatagreement in the parlament at salisburie , quòd consultationes fieri debent de silua caedua , eo non obstante quod non renouatur per annum . but to what parlament to refer that agreement , expressed by concordatum fuit coram consilio regis in parlamento &c. i sufficiently know not , vnlesse to that of . rich. . held at salisburie , the rolls whereof hath nothing of it . xxxv · in . hen. . a bill was put in by the i commons , against the exaction of tithes of quarries of stone and slatt . thus it speaks . item priont les commens que come plusors lieges nostre seignior le roy sont souent foits vexiz & trauaillez per persons & vicaires de seint esglise per citations & censures de seint esglise pur dismes de peres & sclattes oueres & trahez hors de quares de sicomne nul disme de nul tiel pierre ne sclatte vnques ne feust demande de nulle disme ent paie , que pleise a granter que si ascun prohibition soit fait en le cas que nul consultation soit grant a contrarie . hereto the answer was , le roy s'aduisera . but you may see hereof more in the ancient opinions of the iudges , deliuered in the k register and l fitzherbert . xxxvi . in . hen . chap. . it is enacted by parlament , that through all the kings dominions , euery subiect according to the ecclesiasticall laws and ordinance of this church of england , and after the laudable vsages and customes of the parish or other place where he dwelleth or occupieth , shall yeeld and pay his tithes &c. and some other speciall courses for recouerie of tithes , are in that act ordained . xxxvii . by the statute of dissolution of monasteries of . hen. . chap. . it was enacted , that the king and his patentees should hold the possessions of the dissolued monasteries discharged and acquited of payment of tithes , as freely , and in as large and ample manner , as the houses of religion held them at their time of the dissolution . xxxviii . after the dissolution of monasteries , to which , diuers tithes and parish churches had been appropriated , and were now setled in the crowne , and thence conueyed into lay hands , an act was made in . hen. . cap. . commanding euery man , fully , truly , and effectually , to diuide , set out , yeeld or pay all and singular tithes and offerings , according to the lawfull customes and vsages of the parishes and places where such tithes or duties shall grow , arise , come , or be due . and remedie is giuen for ecclesiastique persons before the ordinarie ; and for lay men , that claimed appropriated tithes by grant from the crown , in the secular courts , by such actions as vsually lay possessions had been subiect to . xxxix . by the acts of . hen. . cap. . . hen. . cap. . and the decree made vpon them , the citizens and inhabitants of london and the liberties were commanded to pay their tithes to the parsons , vicars , and curats of the citie , according to a rate of the rents of their houses ; that is , two shillings nine pence for euerie pound . and that if no rent be reserued , the tithe should be duly paid , according to what their houses had been last letten for . and according to that also , are owners bound to pay . but a prouiso is in the decree , that where a lesse summe then after two shillings nine pence the pound hath been accustomed to bee paid for tithes , in such places the former custome should be continued . and some other particulars are in it , which are too long to be here transcribed . you may easily see it whole . but anciently , in london , on euery sunday and other principall feast day ; the chief maintenance of the ministers was encreased , by a farthing offered out of euery tenne shillings of rent . ex ordinatione antiqua , sayes lindwood m , ( and that ordinance , as i haue heard , was either made by roger niger bishop of london , in . hen. . as a new one , or as a confirmation of former vse . as which of these , i purposely abstain here to enquire ) in dicta ciuitate , tenentur singulis dominicis diebus & in principalibus festis & sanctorum apostolorum & aliorum quorum vigiliae ieiunantur offerre pro singulis x. solidis redditus domus quam inhabitant vnum quadrantem . and the lii . farthings so yeerly paid on sundaies only , came so neere to the iust tenth of the rent , that they were thought on as a tithe paid ; the other being reputed rather by the name only of offerings . which you may see in the same lindwood ; where he disputes the question , whether those farthings excused the citizens from personall tithes of their gaines ; and concludes , that they did not . but before these acts and the decree , no tithes , as tithes , were generally paid in that citie . in some places n they were , as in the libertie of s. martins le grand , which is rather in london then of it . neither can i but here remember that custom of the eastern church thus maintaind chiefly with offerings , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as they called them , which specially appears in the answere of theodore o balsamon patriarch of antiochia , to mark patriarch of alexandria , touching the quantitie of what was to be offered . he tells him , that no certain quantitie is appointed by the canons , and that through inequalitie of mens estates ( none of them giuing any such part to the church as that it could discouer their abilities ) which permits not a regular certaintie , they were contented with what custom and free bountie of the giuers bestowed . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( saies he ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which is in substance the same before in english. xl. in . and . ed. . chap. . it was enacted that all prediall tithes should be thenceforth paid as of right they had been within fortie yeers next preceding , or according to custom ought to haue been , with allowance of priuileges lawfull prescriptions or cōpositions reall . and personall tithes of gain by merchandise and artifice in such places , and as within xl. yeers preceding they had been accustomably vsed to be paid , are commanded to be paid yeerly at or before easter . other particulars and the remedies giuen by the act may be easier found in it , then i can transcribe them . xli . to these may not amisse be added those laws for tithes , proposed by the viii . persons chosen to begin a new body of canon law for england in . ed. . according to the first purpose of the statut of . hen. . cap. . ( which was seconded also by the statut of and . ed. . cap. . ) whereby xxxii . persons assigned by the king should haue made it . neither were those viii . to haue giuen sufficient autoritie to it according to those statuts , without approbation of xxxii . afterward that should haue censurd their reformation . the viii . were thomas cranmer archbishop of canterburie , thomas bishop of elie , richard cox the kings almosner and peter martyr doctors of diuinitie , william may and rouland tailor doctors of law , and iohn lucas and richard gooderik esquires . in what they proposed , is found a constitution in the kings name that all predial tithes should be paid in kind to the ministerie integrè & expletè ( with an exception of timber trees of xx. yeers growth ) as also of the profits of milles , of turbaries , cole-mines , quarries of stone and all other of like kind . of all agistments also tithes are there paiable , and of the encrease of all kind of beasts , wild and tame ; of fish , of butter , cheese , milk , wool , wax . and the statut of . and . ed. . for tithes is there receiud for so much of it as is not against a generall paiment which they would haue had ordaind . but these as the rest in the volume with them , were only intended for laws , but neuer had sufficient autoritie or confirmation . the intent was first that those canon laws only , which according to the purpose of the two statuts of hen. . and ed. . should be compiled , might haue autoritie in the vniuersities , and force in practice ; but so , that there might still be praeseruatio legum nostrarum communium in suo vigore remanentium , as the words are in the patent of ed. . that authorizes the viii . persons to consult about them . for our laws of tithing either made or desired , thus much . but before we speak of the practice , it is requisit that we enter into some disquisition touching parishes or parochiall right according wherto at this day from ancient time the paiment of tithes is regularly performed . cap. ix . i. of parishes in the primitiue church of the britons . ii. parishes in the primitiue church of the english saxons . first limited only in regard of the ministers function , not of parochiall profits . all the profits of euery whole diocese , first made a common treasure to be disposed of by the bishop and his clergie , of the same diocese . residence of the bishop and clergie in those times . the great regard then had to euery clergie man. iii. of diuision of our parishes . whether honorius archbishop of canterburie first deuided them . parochia or paroecia diuersly taken . iv. lay-foundations of parish churches ; from whence chiefly came parochial limits in regard of the profits receiud to the singular vse of the incumbents . limitation of tithes by k. edgar to the mother parish church , or monasterie . monasteries preferd before other churches for buriall . mortuaries . minstre . a third part of tithes ( according to k. edgars law ) must be giuen to a new-built church that had right of sepulture by the founder . sepultura and baptisterium . capella parochialis . a parish commanded to be made ( out of another that was too large ) by the pope . one parish ioind to another by the king. in consideration of our parish churches and parochiall limits , the times of the britons first , then of the english-saxons and foreward are to be thought of . that is , the elder times of their christianitie . i. for the britons ; litle or no testimonie of credit is extant that discouers the ecclesiasticall policie vsed by them , in their primitiue times , or declares the possessions of their hierarchie . and we omit here wholy what might be collected out of that fabulous tale of augustine preaching at cometon in oxfordshire , whereof more in the next chapter . although k. lucius had instituted xxviii . bishops , and iii. archbishops ( as the british storie tells vs ) yet , how in those dioceses any distinct parishes were , appears not expresly . but we may very well think that such kind of parishes only were in those bishopriques as we haue alreadie * shewd to haue been in the primitiue church elswhere . neither is it likely that in those times , the custom of this island therein should differ from what was euen vniformly receiud through those parts of christendom , wherof we haue best testimonie remaining . but if all ancient autoritie were of credit , parish churches expresly mentiond of about the time of ccccxc . and endowd as at this day might be found among the britons . for when dubritius was made archbishop of southwales which they called dextralis britannia , and his see appointed at landaff vnder mouris prince of that wales , diuers churches with their endowments of tithes , oblations , and other profits were appropriated to him and his successors ; by the relation of an old autor . propter sanctitatem suam ( are his a words ) & praedicationem praeclaram beati pastoris & regalem parentelam suam plures ecclesiae cum suis dotibus , decimis , oblationibus , sepulturis , territorijs & libera communione eorum datae sunt sibi & successoribus suis omnibus à regibus & principibus totius regni dextralis britanniae . and then , videns autem sanctus dubritius largifluam potentum manum erga sibi comissam ecclesiam , partitus est discipulos mittens quosquam discipulorum suorum per ecclesias sibi datas , & quasdam fundauit ecclesias , & episcopos per dextralem britanniam coadiutores sibi , ordinatis parochijs suis , consecrauit . but this autor wrote not before about the beginning of the last cccc . yeers from christ , and spake of these things in the phrase of his own time . the hand and context and their relations in him iustifie it . he talks , you see , of churches endowd and appropriated and founded , as if he meant no other then such as now are conueiable by patrons and ordinaries in the course of appropriations vsed in later ages , and filled with incumbents that had in them like estates and particular interest in the profits as parsons at this day . indeed , that in those times churches were built here , no doubt can be made ; neither is it to be conceiud how b christianitie could he in any nation much ancienter ( if generally receiud , or by any number ) then churches or some conuenient houses or other places in the nature of churches , appointed for the exercise of deuotion . and expresse mention c is of a church built here in the time of the romans , to the honor of s. martin in which augustin and his followers when they came first from rome , made their holy assemblies , and others also they repaired . and saies gildas , of the clergie of his time , that is about d.lxxx . ecclesiae domꝰ habentes , sed turpis lucri gratia eas adeuntes . but i ghesse , that vnder dubritiꝰ few or no parish churches were otherwise erected then for conuenient places for such ministers as the bishop out of his clergie arbitrarily sent thither , and that the offerings & other profits there receiud were to the common treasurie of the diocese , and to be dispensed as is before declared , where we speak generally of those elder times . & in regard no more certainty of the establishing of the endowments , or places of residence in the british hierarchie , may be found , i willingly permit to euery man his own coniecture . ii. for the age of the saxons ; we read that augustin and his companie , when they first came to k. ethelbert in kent , began there to imitat d apostolicam primitiuae ecclesiae vitam , ea tantum quae victui necessaria videbantur ab eis quas docebant accipiendo , and , that after they had conuerted the king , they builded and repaired churches . maiorem praedicandi per omnia , & ecclesias fabricandi vel restaurandi licentiam accipiebant . so ethelbert in his charter of foundation ( if you will beleeue the autoritie e whence we haue it ) of his abbey in canterburie , talks of alias quas fabricaui ecclesias . and doubtlesse those churches which they built , or repaired , as also the temples of the gentiles which by aduise of pope gregorie to mellitus were not to be destroied , but conuerted to christian seruice , had some kind of limits of adioining villages or towns , and so were in that respect parochiall . but those limits and churches were variously chosen and assigned to ministring priests , according to the conuenience of the assembling of the neighbour-inhabitants ; but not so ordaind that euery parishioner was bound to keep his deuotion within the limits of this or that parish church . that is , parishes were then limited only in regard of the ministring presbyterie ( whence they were called scriftscyrean i. circuits , within which the priests exercised their shriuing ) but not in regard of the profits receiud from the parishioners . for the whole diocese ( first of canterbury , thē of the other elder bishopriques , as they were instituted ) was indeed the only limited parish , in regard of the parishioners profits . & the clergie of the bishop , that is , his familie of church men , were the curats in inferior churches , according as the bishop appointed and altered them ; and whatsoeuer they receiued through deuotion of good christians , made vp a common treasure for the whole diocese ( whence it followd , that it was not materiall at what church any parishioner offerd his christian bountie , so he did it within the diocese ) which was both consonant to what is found to be the vse of other churches in the primitiue times , and is also confirmed by that augustin in his question to pope gregorie , touching bishops . he demanded qualiter cum suis clericis conuersentur ? vel de his quae fidelium oblationibus accedunt altari , quantae debeant fieri portiones ? whereto the pope answers that the custom is generally to make a quadripartit diuision for the bishop , for his clergie , for the poor , and for reparation of churches . but he admonishes him , that in the tendernesse of the english-saxon church , he and his clergie should still imitate the communitie of all things vsed in the primitiue times vnder the apostles . the saxon of that question f is obseruable . aerest be bisceopum ; hu hie mid hiora geferum drohtian & lufian scylen . oððe in þaem lacum geleaffumra þe hie to ƿeofodum , & to godes cyricum brengað , hu monige daelas þara beon scyle , , that is , first concerning bishops . how they should bear themselues among their clergie , or how many parts they should haue in the offerings that good christians brought to altars and to gods churches . here it is more plainly exprest , that whateuer came to any altar or church , within the diocese , was one common profit to be deuided or emploied , as pope gregorie answers ; where he tells him also that the bishop and his clergie g must liue together , sed , saith he , quia fraternitas tua monasterij regulis erudita , seorsum viuere non debet à clericis suis in ecclesia anglorum &c. so that you may collect that in these primitiue times of the english-saxon church the bishop and the whole clergie of the diocese were as one body liuing vpon their endowments ( bestowd on the bishoprique ) and their treasure that came from the sundrie places of deuotion whither som one or other of them at the bishops appointment , was sent to preach the word and minister the sacraments . euery clerk hauing his diuidend for his maintenance . neither in these elder times , i think , did any of these of his clergie or chaplains vsually reside elsewhere then with him at his bishoprique ( as deanes and chapters at this day ) or in some monasteries whence they might as occasion required , at certain times go into those parishes which were distinguished only for seuerall functions of those chaplains , lest want of such distinction might the sooner haue caused also a want of speciall discharge of this or that cure. so that there were singularum ecclesiarum presbyteri h qui populum erudire debent , and they were particularly ordaind for the title of this or that church , and euery one was bound by our canons of that time not to leaue the church for which he was so ordained . and from their residence with the bishop , or out of the parish in monasteries , came it , as it seemes , that they were but rarely seen abroad among the people . for so rarely were they seen abroad , that when euer any of them were espied in the countrey , the people vsed presently to flock about him , and with all reuerence humbly to beseech his benisons , either by signing them with the crosse , or in holy prayers for them ; and , with all earnestnesse of attention , they heard what he preached . this is that * which bede teaches , when he tells vs , that si quis sacerdotum in vicum forte deueniret , mox congregati in vnum vicani , verbum vitae ab illo expetero curabant . and againe , erat quippe moris ●o tempore populis anglorum , vt , veniente in villam clerico vel presbytero , cuncti ad eius imperium verbum audituri constuerent , libenter ea quae dicerentur audirent , libentiùs ea , quae audire & intelligere poterant , operando sequerentur . how long this communitie in euery diocese between the bishop and his attending clergie ( which is denoted often by the name of episcopi clerus ) continued , fully appears not . but , that it was not out of vse till past more then c. yeers after augustines comming , that is , till past d.cc. yeers from christ , may be coniectured out of those testimonies of bede , which extend as farre . iii. yet it is commonly receiud , that honorius , the first archbishop of canterburie after augustine , about the yeer d. c.xxx . first diuided his prouince into parishes . and in the late historie of the archbishops of canterburie , written by mr ioscelin , it is thus deliuered of him . neque solùm episcopos tanquam superiores turrium custodes ecclesiae superimpo suit , sed etiam , prouinciam suam primus in parochias diuidens , inferiores ministros ordinauit . and according to this , haue some of our greatest and most learned writers related . but i doubt much how it can at all stand with truth . for if parochiae be here meant only for such as were assigned limits for those which were sent arbitrarily from the bishop , out of the number of his chaplains , or his clerus , residing for the most part , in those elder times , with him at his bishoprique ; then cleerely , honorius was not the first that made diuision of them . such kind of parochiae are euen neere as ancient as bishopriques ; and questionlesse , in augustines time . how could otherwise , gods seruice be orderly had in the infancie of the church ? and when euer seuerall churches for christian seruice , or other places for holy assemblies , began , then began such parochiae . and that churches were built here before honorius his time , is before manifested . if , on the other side , parochiae be taken for what it's vsually vnderstood , that is , for such limits as now make parishes , bounded as well in regard of the profits receiud from the parishioners ( due only to the minister of that church ) as of the incumbents function and residence ; how will that stand with the communitie of ecclesiastique profits , and the bishops and his clergies liuing together , that may be without much difficultie discouered out of bede , to haue continued after honorius also ? but where euer that testimonie of his diuiding parishes was first found , i doubt it was mis-vnderstood , through the various signification of parochia . for in those ancient times , parochia vsually denoted as well a bishoprique , or diocese , or bisceope scyre , as the saxons called it , as a lesse parish . that signification is very obuious in the old councells of both tongues ( as it is also specially obserued by the learned filesacus in his paroecia ) and in the moniments of this kingdome . for it is related of king cenwalch , that he diuided i prouinciam in duas parochias , when he made a new bishoprique at winchester , that was taken out of the diocese of dorchester . and in the councell of hertford , held vnder theodore archbishop of canterburie , one canon is k , vt nullus episcoporum parochiam alterius inuadat sed contentus sit gubernatione creditae sibi plebis . so in florence of worcester , vnder the yeere d. c.lxxx . merciorum prouincia in quinque parochias est diuisa , that is , into fiue bishopriques . and the truth is , that it may be said properly enough , that honorius was the first vnder whom his prouince was diuided into such parochiae , or bishopriques . that is , no other bishopriques ( except canterburie , london , and rochester ) were in his prouince vntill his time ; those three being almost of one antiquitie . but vnder him , byrinus was made first bishop of the west-saxons , and had his see or bisceop setle ( as they calld it ) at dorchester , and foelix the burgugnone was likewise ordaind first bishop of the east-angles at dunwich . which two ordinations , in regard the like had not been in this prouince of canterburie from augustines time till this honorius , were perhaps the cause why it might be related , that honorius primus prouinciam suam in parochias diuisit . which , although it were to be conceiud of such parishes as at this day wee call by that name , yet could not extend to all his prouince . for not till long after his time , was christianitie receiud in the kingdome of sussex , which was first conuerted by wilfrid , first bishop of selsey , in the yeere d. c.lxxix . hitherto then , for aught can out of ancient moniments be proued , no limits parochiall , in regard of the profits to be receiud from the parishioners , and spent by this or that minister only , were assigned . but the ancient course of a kind of communitie of all profits of the diocese , with the bishop and his clergie , remaind still in vse . neither was the interest of many churches , it seems , as yet here in any lay-founders . but the bishops , as i thinke , had both the interest and gouernance of the churches built by the king , and tooke care for building new in their owne endowments , and hallowing old ones , that had been either prophaned since christian seruice vsed in them among the britons , or formerly consecrated only to heathenisme . so may you vnderstand that of byrinus , first bishop of dorchester . factis dedicatisque ecclesijs multisque ad dominum , pro eius labore , populis aduocatis , migrauit ad dominum , as bedes words are ; in the saxon of which it is exprest , that the ciricean ƿorhte & gehalgode , that is , made churches , and hallowed them . iv. but afterward , when deuotion grew firmer , and most lay men , of faire estate , desired the countrey-residence of some chaplains , that might be alwaies readie for christian instruction among them , their families , and adioyning tenants ; oratories and churches began to be built by them also : and being hallowed by the bishops , were endowed with peculiar maintenance from the founders , for the incumbents that should there only reside . which maintenance , with all other ecclesiastique profits that came to the hands of euery such seuerall incumbent ( in regard ▪ that now the lay-founder had , according to the territorie of his demesnes , tenancies , or neighbouring possessions , made and assigned both the limits within which the holy function was to be exercised , and appointed the persons that should repaire to the church , and offer there , as also prouided a speciall salarie for the performance ) was afterward also restraind from that common treasurie of the diocese , and made the only reuenue , which became perpetually annext to the church of that clerk who receiued it . neither was it wonder , that the bishops should giue way to such restraint . for had they denied that to lay founders , they had giuen no small cause also of restraining their deuotion . euery man , questionlesse , would haue been the vnwillinger to haue specially endowd the church , founded for the holy vse chiefely of him , his familie , and tenants , if withall he might not haue had the libertie to haue giuen his incumbent , there resident , a speciall and seuerall maintenance ; which could not haue been , had the former communitie of the clergies reuenue still remained . out of these lay foundations chiefely , doubtlesse came those kind of parishes , which at this day are in euery diocese . their differences in quantitie being originally out of the difference of the seuerall circuits of the demesnes or territories possessed by the founders ▪ and after such time as vpon lay foundations , churches had their profits so limited to their incumbents , no doubt can be , but that the bishops , in their prebends , or aduowsons of parishes , both in cities and in the countrey , formerly limited only in regard of the ministers function , restraind also the profits of euery of their seuerall churches , to the incumbents ; that so a vniformitie might be receiued in that innouation of parochiall right . at what time these lay foundations began to be frequent , plainly enough appears not . but some mention is of them about the yeer d.cc. as you may see in m bede , where he speaks of one puch , a saxon noble man , that had built a church , and entreated iohn , bishop of hangulstad , to consecrate it ; and the like also of one addi . alio item tempore , sayes hee , vocatus ad dedicandum ecclesiam comitis vocabulo addi . some such more , of about that time , may bee found . but about the yeere d.ccc. many churches , founded by lay men , are recorded to haue been appropriated to the abbey of crowland , as you see in the charters of confirmation made by bertulph king of mercland , and of others , to the same abbey , reported by ingulphus . whence it may bee obserued , that by this time lay foundations were grown verie common , and parochiall limits also of the parishioners deuotions . and in a councell held in d. ccc.xvi . vnder wilfrid , archbishop of canterburie , wee find , vbi ecclesiae aedif●centur , à propriae diocesis episcopo sanctificentur . and a canon of the n same synod ordains , that vpon the death of euery bishop , statim per singulas parochias in singulis quibusque ecclesijs , pulsato signo , omnis famulorum dei caetus ad basilicam conueniat . ibique paritèr xxx . psalmos pro defuncti anima decantent , & posteà vnusquisque antistes & abbas dc . psalterios & cxx . missas celebrare faciat , & tres homines liberet , & eorum cuilibet tres solidos distribuat &c. with other ceremonies of fasting and prayer ( according to the time ) for the soule of the bishop . here , it may seem , parishes limited as at this day , are vnderstood . but the first expresse mention of limitation of profits ( other then of the endowing ) to bee giuen to this or that church , is in those laws of king edgar , made about d. cccc.lxx . where a three-fold diuision is of churches . the first is called ealdan mynstre , that is , senior ecclesiae , which * name anciently was giuen to cathedrall churches ; the second , a church that hath legerstoƿe , or place for buriall ; the third , a church that hath no legerstoƿe . where it is ordaind , that euery man , hauing not erected a church of his own , should pay his tithes to the ealdan mynstre ðe seo hyrnesse to hyrþ ; that is , to the ancientest church or monasterie where he hears gods seruice . which i vnderstand not otherwise , then of any church or monasterie , whither vsually in respect of his commorancie or his parish ( determined according to the farmes , houses and lands , occupied with those houses or farmes ) he repaired ; that is , his parish church or monasterie . for we must remember , that in those times , monasteries ( which somewhat before edgar o were for the most part filled with secular clerks , who also , as other clergie men took pains abroad in the spirituall haruest ; and vnder him by archbishop dunstans procurement were restored only to cloister monks or benedictines ) aswell as other churches erected either by bishops or lay men , were in many places the only oratories & auditories that the neer inhabitants did their deuotions in , and perhaps were in regard of buriall most commonly preferd before other churches whatsoeuer . which may be collected from a canon of an p old synod of ireland held about these elder times of the english church . neither is it likely but that the manners of these northern churches in that age were enough agreeable to each other . in that synod it appears that any man might haue bequeathed his buriall to what abbey best pleased him , and that the abbot to whose monasterie the bequest was made , should haue the apparell of the dead , his horse and his cow for a mortuarie , although he had before solemnly giuen all that he had to any other abbot . whence may easily be coniectured that monasteries were in chiefest reputation for q buriall , and had a right of it before any other kind of parochiall church , if the dead made choise of any of them . and by the way for that course of paiment of a motuarie ( which the saxons , r i think , calld saƿlsceat ) the same synod affirmes , that omne corpus sepultum habet in iure suo vaccam & equum & vestimentum & ornamentum sui lecti ; nec quicquam horum reddetur in alia debita , quia corpori eius tanquam vernacula debentur . and although the certain age of that synod appears not , yet it was after such time as parishes were limited in regard of the parishioners repairing to one certain church and giuing their deuotions there only . for in it also are these words : quicunque discesserit de sua ecclesia & in alia ecclesia sepultus fuerit &c. what can sua ecclesia be but such a kind of parish church , as at this day is titled so ? that is , one limited in regard of the parishioners and their profits receiued from them . but , in that of edgars ealden minstre , it is plain that although minstre specially denote a monasterie , yet all other parish mother churches are vnderstood by it . and indeed dyric and minstre are frequent , as synonomies in the saxon moniments . but as the first part of his law that giues all tithes to the mother church of euery parish , meant in them a parochiall right to incumbents , so also the second part , that permits a third portion of the founders tithes to be setled in a church new built , wherto the right of sepulture is annexed , makes a dispensation for a parishioner that would build such a church in his bocland or land possessed optimo iure , or as inheritance deriued from a charter of feoffment . and howeuer that second part also of this law , is iterated by king knout , yet i doubt not but that such new erections within old parishes bred also new diuisions which afterward became whole parishes , and by conniuence of the time , took ( for so much as was in the territorie of that bocland ) the former parochiall right that the elder and mother church was possessed of . for , that right of sepulture or hauing a legerstoƿ , was , and regularly is a character of a parish church or ecclesia , as it is commonly distinguished from capella . and anciently if a quare impedit had been brought for a church , whereas the defendant pretended it to be a chappell only , the issue was not so much whether it were church or chappell , as whether it had baptisterium or sepulturam , or no. so it appears in a case of r . hen. . where william of whitanston in his count against the archbishop of canterburie , expresses , ecclesiam de hey in sussex to be of his aduowson , and the archbishop pleads that what he calls a church , non est ecclesia , imo capella pertinens ad matricem ecclesiam de terringes , ita quod non est ibi baptisterium neque sepultura imo omnes qui nascuntur ibidem baptizantur apud terringes , & similiter omnes qui ibi moriuntur , sepeliuntur apud terringes &c. and thence was it also that the whole clergie of england put the inquirie of such an issue among their grieuances , when in . hen . they desired otho the popes legat , among other freedoms , to get for them of the king , quod s iudices seculares non decidant causas ecclesiasticas in soro seculari , nec tales homines determinent vtrum talis capella debeat habere baptisterium & sepulturam an non . for , if it had the right of administration of sacraments in it and sepulture also , then differd it not from a parish church , but might be stiled capella parochialis , by which t name some chappels are with vs known . and in the saxon times also we find coemiterium u capellae , for the buriall place of a chappell , which must be vnderstood of a church that had the like right as that which is mentiond . in the second part of edgars law. and those other churches which in his and k. knouts laws are spoken of , that is , churches without buriall places , feldcyrican , or field-churches , are only what at this day we call chappels of ease , built and consecrated for oratories , but not diminishing any thing of the mother churches profits . but also besides those originall lay foundations , some parishes haue had other beginnings since from alterations made in regard of the inconuenience of their former limits . and this by direction or autoritie both from the pope , or bishops , according as they saw occasion exacted ; and from the king. for the pope ; we may see in the exāple remaining in the decretals x , where pope alexander the third sends his decree to the archbishop of york , reciting that in a complaint made to him , he had heard that a certain town in his prouince was so distant from the parish church , that it was very difficult for the inhabitants to repaire thither , especially in winter , and withall that the church reuenue of the parish ( although that town were exempted ) was not insufficient for the minister of the mother church , wherefore he commands the archbishop to build in that town a church , and with assent of the founder of the mother church , to institut at the presentation of the rector an incumbent there , that might haue to his own vse all ecclesiastique profits encreasing in the limits of the same town , and so acknowledge a superioritie to the mother church , and that he should do it also whether the rector of the mother church would assent or not . for the king ; an old y example is in . hen. . where because the church of s. peeters in chichester was very poor , & that only two parishioners were in it , the king at request of ralf neuill then bishop there & chancelor of england , grants , quod eadem ecclesia demoliatur & praedicti duo parochiani qui spectabant ad ipsam assignentur imperpetuum hospitali s. mariae , quod eidem ecclesiae est vicinum , vt ibi deinceps percipian● spiritualia & sint parochiani eiusdem hospitalis . and such like commands , occasions , and conueniences , doubtlesse haue alterd and made the limits of diuers parishes eueriewhere , both in the countrie and cities , which haue to this day many of small territorie , but of large number of communicants . for parochiall limits , thus much . cap. x. i. the practice of tithing . of k. cedwalla's tithing , being no christian. the custom of the german-saxons , in sacrificing their tenth captiue to neptune . decima vsed for a lesse part also in ancient moniments . ii. the practice of tithing in the christian times of our ancestors . the tale of augustin and the lord of cometon touching non payment of them . the tithe of euery dying bishops substance to be giuen to the poor , by an old prouincial synod : tithes how mentiond in domesday . testimonies of payment of them . henrie the thirds grant of the payment of tithe of hay & mils out of all his demesnes . the beginning of parochiall payment of tithes in common and established practice in england . how that common assertion ; that euery man might haue disposed his tithes at his pleasure , before the councell of lateran , is true and to be vnderstood . the laws of this kingdom for payment of tithes , and the originall of parochiall right to profits accruing within the limits of euery parish church ( which were , after lay foundations grew common , distinguished according to the adiacent possessions and tenancies of the founders , and their farmes , mannors , towns , and the like ) being hitherto declared ; the practice of the times remaines to be also discouered . i. in that , something also is obseruable among the ancients of this kingdom of a kind of tithing , related to haue been where christianitie was not yet receiued . some of them tell vs of cedwalla king of the west-saxons , that before his being made christian ( about the yeere dc.lxxxvi . ) he tithed all his spoiles of warre to the deitie . so the monk of malmesburie . arduum memoratu est , saith he , quantum etiam ante baptismum inseruiret pietati , vt omnes manubias , quas iure praedatorio in suos vsu● transcripserat , deo decimaret . neither , if he did so , was it without some example of his ancestors the german-saxons ( whence england was chiefly filled ) who were wont to sacrifice to neptune ( i think ) the tenth of all captiues taken in their pyracies and incursions made by sea vpon the gaules specially ▪ so saies my autor , that liud about the time of the german-saxons first arriuall here . his a words , of them are . praetereà priusquàm de continenti in patriam vela laxantes , hostico mordaces anchoras vado vellant , mos est remeaturis demimum quenque captorum per aquales & cruciarias poenas , plus ob hoc tristi quod superstitioso ritu , necare super que collectam turbam periturorum mortis iniquitatem sortis aequitate dispergere . talibus se ligant votis , victimis soluunt : & per huiusmodi non tam sacrificia purgati quam sacrilegia polluti , religiosum putant caedis infaustae perpetratores , de capite captiuo magis exigere tormenta quam pretia . neither , i think , is any other expresse mention of this their tithing , among ancient moniments . and , for that their sacrificing to neptune ; indeed the autor apollinaris here mentions him not . but , it being done at sea and per aquales ( for so is the true reading , although some there read aequales poenas ) you may wel coniecture it was to neptune or to their supposed deitie of the sea. and thus the most learned and noble monsieur sauaron in his notes vpon apollinaris , expresly also makes it a sacrifice to neptune . and although it be true that among their gods we find none namd , that is denoted to answer to neptune , yet , that some deitie of the same nature , that is some great sea god was in their superstitions , may be easily collected not only from this relation of their cruell deuotions , but also from their wondrous and accurat obseruation of the ebbs and flouds ( called by them ledons and malins ) which were the b chief directors of their account of times , as the sun and moons motion hath euer been to other nations . which doubtlesse was no small cause that the sea was to them reputed a deitie , as the sunne and moone also , before other creaturers , in the ancient theologie of the gentiles . but for that of cedwalla ; let it be vpon malmesburie credit , that he tithed his spoyles . bede , who might better haue knowne it then malmesburie could , relates no such thing of him . he sayes only , that when he conquerd the isle of wight , according to a vow that hee made to the deitie , hee gaue for the lords vse , the fourth part of the isle ( that is , ccc . hides or plough-lands of m.cc. ) and of his martiall gaines , to wilfrid , archbishop of yorke , then being in those parts in banishment , and bishop of seseley . and c fridegod , that in the saxon times wrote the life of wilfrid in verse , sayes hereof only by apostrophe to cedwalla , tu quoque pontificem multâ tellure beâsti , and mentions no more in particular . that which in the latin bede , in this storie , is called familia , is hyd in the saxon. and perhaps only such a kind of giuing a fourth , or any part , vpon vow to the lord , was in that passage of malmesburie vnderstood for tithing . why might it not , as well as the foure thraues of corne of euerie plough-land , in the east-riding of yorke , giuen by king athelstan to the church of s. iohn of beuerley ( which came , on the other side , not neer to the tenth ) are stiled decimae in a bull of one of the pope gregories ( i thinke the ninth ) which i haue seene transcribed . as if decimae in one notion had signified any kind of reuenue , deuoutly offered to holy vses . as , vpon other reason , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denotes also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 among the greeks . those foure thraues of euery plough-land were , before that grant , payable into the kings auenarie d by custome of the countrey . and in athelstans charter ( as i e found it transcribed ) they were thus exprest , ða forne ðraue by heuen cyng of ilc a plou of estreding . and for that more generall notion of decima or decimatio , i haue seen the transcript of a deed made f by robert de hesel to the monasterie of giseburne in yorkeshire , wherein hee giues duas garbas de tota terra quam de nouo colui in territorio de hesel postquam illam tenui aut quam ego de caetero colam vel haeredes mei , ita vt decimatio haec cedat in fabricationem ecclesiae nouae de giseburne . here the gift of two sheaues is called decimatio . ii. for the practice of payment among christians , both britons and saxons ; might wee beleeue the common tale of that augustine , the first archbishop of canterburie prouince , his comming to cometon in oxfordshire , and doing a most strange miracle there , touching the establishing of the doctrine of due payment of tithes , wee should haue as certain and expresse autoritie for the ancient practice of such payment , as any other church in christendome can produce . but as the tale is , you shall haue it , and then censure it . about the yeer ( they say ) dc . augustine comming to preach at cometon , the priest of the place makes complaint to him , that the lord of the mannor hauing been often admonished by him , would yet pay him no tithes . augustine questioning the lord about that default in deuotion ; hee stoutly answered , that the tenth sheaf doubtlesse was his that had interest in the nine , and therefore would pay none . presently augustine denounces him excommunicate , and turning to the altar to say masse , publiquely forbad , that any excommunicat person should be present at it , when suddenly , a dead corps , that had been buried at the church doore , arose ( pardon me for relating it ) and departed out of the limits of the church-yard , standing still without , while the masse continued . which ended , augustine comes to this liuing-dead , and charges him in the name of the lord god to declare who hee was . hee tells him , that in the time of the british state he was huius villae patronus , and although he had been often vrged by the doctrine of the priest to pay his tithes , yet he neuer could be brought to it ; for which he died , he sayes , excommunicat , and was carried to hell. augustine desired to know where the priest that excommunicated him , was buried . this dead shewed him the place ; where hee makes an inuocation of the dead priest , and bids him arise also , because they wanted his help . the priest rises . augustine askes him , if he knew that other that was risen . he tells him , yes ; but wishes he had neuer known him . for ( saith hee ) he was in all things euer aduerse to the church , a detainer of his tithes , and a great sinner to his death , and therefore i excommunicated him . but augustine publiquely declares , that it was fit mercie should be vsed towards him , and that he had sufferd long in hell for his offence ( you must suppose , i thinke , the autor meant purgatorie ) wherefore hee giues him absolution , and sends him to his graue , where hee fell againe into dust and ashes . hee gone , the priest new risen , tells , that his corps had lien there aboue c.lxx. yeers ; and augustine would gladly haue had him continue vpon earth againe , for instruction of soules , but could not thereto entreat him . so he also returns to his former lodging . the lord of the town standing by all this while , and trembling , was now demanded if hee would pay his tithes ; but he presently fell down at augustines feet , weeping and confessing his offence ; and receiuing pardon , became all his life time a follower of augustines . had this legend truth in it , who could doubt , but that payment of tithes was in practice in the infancie of the british church ? the priest that rose here from the dead , liud ( if he euer liud ) about ccc.xxx . after christ , and would not surely haue so taxed the lord of this mannor only , if the payment had not been vsually among other good christians here , not taught only , but performed also . neither need i admonish much of the autoritie of it . the whole course of it directs you how to smell out the originall . beside the common legend of our saints , it is in some volumes put alone , for a most obseruable moniment . and i found it bound vp at the end of the ms. life of thomas becket , archbishop of canterburie , writen by iohn de grandisono . and it remains in the publique librarie of oxford . there also you haue it related in ioannes anglicus g his historia aurea , and , in the margine , are noted to it these words : hoc miraculum videbitur illis incredibile qui credunt aliquid deo esse impossibile . sed nulli dubium est quod nunquam anglorum durae ceruices christi iugo se submisissent nisi per magna miracula sibi diunitus ostensa . but let the truth be as it will , i doe not beleeue , that the fable can be found , nor any steps of it , aboue cccc . yeer old at most . but , to leaue such testimonie , no doubt can be , but that some practice of payment was here vsed very anciently , which ( beside the deuotion to be supposed in christians , and the doctrine of ancient fathers , which , verie likely , wrought here as in other western churches ) might be collected , by good probabilitie , out of those laws alone of the saxon times which questionlesse were not without some effect , being so often renewd . neither is the memorie of some vse of payment here , in these more elder times , omitted in the reliques of antiquitie . in the ms. life h of the british saint cadoc , among some laws of his church of lhancaruan , which seem to be attributed to his time ( which falls about our augustine or before ) one is , quicunque decimauerit , debet diuidere in tres partes . primam dabit confessori , secundam altari , tertiam orantibus pro eo . but the autor of this whence we haue it , wrote not till after the norman conquest . and it is reported also of eadbert bishop of lindisfarn or holy iland , that he was eleemosynarum operatione ( as i bedes words are ) insigni ita vt iuxta legem omnibus annis decimam non solum quadrupedum , verum etiam frugum omnium & pomorum necnon & vestimentorum partem pauperibus daret . which words are almost repeated also by turgot prior of durham , k that wrote the storie of that bishoprique . but here no custom of the place or common vse is noted , but only a speciall deuotion of eadbert . and for that of iuxta legem ; you must vnderstand it of moses law. and so is it exprest in the saxon copie of bede , where i read that he did it aefter moyses ae , and that is , according to the law of moses . neither is the regard in those times had to a tenth ( although not yeerly ) to to be paid as for a soules ransom , to the poor , after the death of euery bishop out of his estate , to be here wholly neglected . out of this regard may be inferd that therein also the tenth was reputed as a sanctified part . and wee learne it out of a councell l held in dccc.xvi . in loco famoso ( as the words of it are ) qui dicitur celichyth , praesidente verò wlfredo archiepiscopo caeterisque adsedentibus australibus anglorum episcopis , which hath this canon . iubemus , & hoc firmitèr statuimus ad seruandum , tam in nostris diebus quamque etiam futuris temporibus , omnibus successoribus nostris qui post nos illis sedibus ordinentur quibus nos ordinati sumus , vt quandocunque aliquis ex numero episcoporum migrauerit de seculo , tunc pro anima illius praecipimus ex substantia vniuscuiusque rei decimam partem diuidere ac distribuere pauperibus in eleëmosynam siue in pecoribus & armentis seu de ouibus & porcis vel etiam in cellarijs , necnon omnem hominem anglicum liberare qui in diebus suis sit seruituti subiectus , vt per illud sui proprij laboris fructum retributionis percipere mereatur & indulgentiam peccatorum . and for the succeeding times of the saxons ; we may well coniecture a practice of payment out of king knonts epistle sent in m.xxxi . as he departed homeward from rome , by liuing abbot of tanystok to athelnoth and alfrique , the two archbishops by name , and to the rest of the bishops & baronage of england . he therein straitly charges them all , that according to the ancient law they should take care that tithes were duly paid among other church reuenues , wherin if he found default at his cōming they should expect seuere punishment . the words were : nunc m igitur obtestor omnes episcopos meos & regni mei praepositos per fidem quam mihi debetis & deo , quatenùs faciatis vt antequam in angliam veniam , omnium debita , quae secundum legem antiquam debemus , sint persoluta , scilicet eleemosyna pro aratris , & decimae animalium ipso anno procreatorum , & denarij quos romam ad sanctum petrum debetis , siue ex vrbibus siue ex villis , & mediante augusto decimae frugum , & in festiuitate s. martini primitiae seminum ad ecclesiam sub cuius parochia quisque degit quae anglice cur●scet nominatur . haec & alia , si cum venero , non erunt persoluta , regia exactione secundum leges in quem culpa cadit districtè absque venia n comparabit . and the monk that relates it , addes , nec dicto deterius fuit factum . but what euer may be out of these testimonies concluded , it is noted among the laws attributed to edward the confessor , that what through the coldnesse of deuotion , what through the neglect of demanding tithes by the clergie , that were otherwise grown very rich in reall endowments , the practice of paiment of them was much diminished . sed postea instinctu diaboli ( are the words which follow immediatly what is before in the chapter of laws § . xiii . ) multi decimam detinuerunt , & sacerdotes locupletes negligentes non curabant inire laborem ad per quirendas eas , eo quod sufficienter habebant suae necessaria vitae . multis enim in locis modo sunt tres vel quatuor ecclesiae vbi tunc temporis vna tantùm erat , & sic ceperunt minui· but we are not sure that this addition to the law is as ancient as the confessor . i think it indeed rather of somewhat later time . yet doubtlesse the generall practice of paiment according to those ancient laws , howeuer it might be in elder times , was about the norman conquest , much discontinued , which may be specially obserued out of that book of domesday ( the originall copie whereof yet remains in the receipt of the exchequer ) in which the possessions and reuenues both of the clergie and laitie were accounted and valued , by the othes of enquests taken in euery countie vpon commission , and so returned thither about the end of the conquerors raign . there , frequently enough , churches are mentioned by the words of ibi ecclesia & presbyter , or such like ; and how many carues or hides of land , how many villans , and other endowments and reuenues belongs to them , are reckond , with their values . but very rarely any tithes among those church reuenues are there found . if none at all had been namd , it might haue been thought that they had been omitted as a more sacred profit , then was fit to be taxed in such a description . but some , although very few , occurre in it . as vnder terra osberni episcopi in boseham in sussex , you may there find that decimam ecclesiae clerici tenent , & valet xls. where the lest value of the mannor is made at xlli. per annum . in hampshire vnder terra osberni episcopi , you read ecclesia s. michaelis de monte tenet de rege in basingestoches hundred , vnam ecclesiam cum . hida & decimam de manerio basingestoches . ibi est presbyter . so in the same shire vnder terra regis ; ipse rex tenet wallope &c. ibi ecclesia ; cui pertinent vna hida & medietas decimae manerij & totum o curset , & de decima villanorum xlvi . denarij & medietas agrorum . ibi est adhuc ecclesiola ad quam pertinent viii . acrae de decima . for these viii . acres of tithes , see before in the chapter of laws § . ix.x. and xi . and in the same shire also among the abbot of lire's possessions , the tithe of cladford is reckond , as also of adrintone . and also the tithes of stanham are possessed there by one richerius parson of the church of stanham . and vnder terra canonicorum de tuinham , is found , ad hanc ecclesiam pertinet tota decima de twinham , & tertia pars decimarum de holchest . and in the isle of wight there , vi. churches , belonging to the abbey of lire , decimas habent de omnibus redditibus regis . so in bedfordshire the church of s. marie de cormelijs , hath diuers tithes among its reuenues . but the mention of tithes where churches are neuerthelesse spoken of , is but very seldome through that whole description . and indeed in certain counties as somerset , deuon , cornwall , and some few others , you shal rarely haue a parish church noted , but in others , very often churches are , but very few examples of their hauing tithes . sometimes also grants of tithes by lay owners are there mentiond , out of the vse of which it may be well thought that the moities or third parts of tithes belonging to this or that church , had their beginnings . but thereof more particularly in the next chapter , where we speak of arbitrarie consecrations . and in most appropriations of parish churches made in the saxon times ( the anciēt course being to grant , in appropriating , ecclesiam cum decimis ) no mention is of decimae , but other possessions of the churches granted are most particularly inserted in the instruments ; of which some examples are published in ingulphus abbot of crowland , and very many occurre in chartularies of old monasteries . but see also for this matter the autorities anon brought to another purpose in the xiv . chap. § . . for the following age ( besides some examples related in the next chapter , out of which some kind of known payment at least , to some churches , may be without difficultie collected ) that wee may here omit also the diuers appropriations , in the p times presently ensuing the conquest , of ecclesiae cum decimis , which denotes either some payment or interest of tithes setled by consecrations in them ; in the life of s. cutbert bishop of lindisfarn writen by some monk vnder hen. i. it is related , that in that autors time a great penurie of food being in lindisfarn ( that is , in holy iland ) the sea left vpon the shore lxv . fishes , wherof euery one was a sufficient draught for a yoke of oxen ; and that a monk came to the lord of the adioining soile , and desired the tenth of that abundance so sent by the hand of god. saltem decimas ( as the words are ) quod legis & prouinciae consuetudo exigebat , ecclesiae requisiuit , sed omnibus negatis rubore simul & dolore confusus discessit . here the practice of payment is noted by prouinciae consuetudo . and about the same time the fashion about abingdon was to pay the tithes to the abbey ( due either as it was an ealder minstre by k. edgars law ; or as they had been consecrated ; whereof more in the next chapter ) by whole hides and acres . his diebus , saies the chartularie of that abbey , raro à quoquam decima messium vt lege praecipitur in abbatia ipsa dabatur , sed aut de hidagio xl. manipuli quos vulgò garbas vocant , aut decima suae culturae acra porrigebantur . and for the time vnder henrie the second ; an epistle sent from rome by pope alexander the third , to the bishops of worcester and winchester , recites the generall institution ( which may be vnderstood for custom ) of the church of england to be that euery parishioner should pay his tithe corne to his own parish . cum homines ( so it q speaks ) de hortuna secundum generalem ecclesiae anglicanae institutionem , de frugibus suis nouem partibus sibi retentis decimas ecclesiae cuius parochiani sunt sine diminutione soluere teneantur &c. wherewith agrees the preamble of his decretall , remaining yet in the body of the canon r law. there he begins with quod cum parochiani vestri ( that is all the parishioners within the diocese of canterburie ) decimas bonorum suorum consueuerint ecclesijs , quibus debentur , cum integritate persoluere ; nunc tam laudabili consuetudine praetermissâ quidam ex eis de lana & de faeno , & de prouentibus molendinorum & piscariarum decimas ipsis ecclesijs subtrahere non verentur . hereto adde that of one of his predecessors s hadrian the fourth to the archbishop of canterburie , where a parochiall payment of tithes seems to be spoken of as of known right . and in a composition made by the abbot r of euesham a iudge delegat from pope honorius in m.cc.xx. it is taken cleer that certain tithes de iure communi pertinent ad ecclesiam de leonminstre eo quod sitae sunt infra limites parochiae ecclesiae de leonminstre , according as the texts of the canon law of about that time expresly also affirme . the composition was between some of the diocese of hereford , and the abbot of wigmore . like admissions of that law are in other instruments , in the leger book of reading , for the church of lemster . but conclude not out of them for practice , without obseruation of the examples of the next chapter . and it appears that in . hen. . a speciall grant was made by the king , that tithes of hay and mills should be paid from thenceforth in all his demesnes lands ( that is al occupied either by his villains or bailifes , or by lessees that came in after the grant ) which before then had not bin paid . dominꝰ rex , saies the u record , de concilio archiepiscoporum & episcoporum suorum concessit vt decimae faeni & molendinorum de singulis dominicis suis in regno suo de caetero praestentur . et mandatum est balliuis de corsham quod de dominico suo de corsham decimas faeni ecclesiae de corsham dari faciant . t. r. apud westmonast . xviii . die maij. and according to this , were diuers close writs sent out in the following yeeres . of the times afterward , wee find more certain testimonies shewing the common right of tithes and that parochiall ; as the writ of indicauit , grounded vpon the statut of circumspectè agatis , made in . ed. . discouers , that in and before that time the parochiall tithes were most knowne reuenue of euery church , with which agrees the ancient and present forme of the count , in a writ of right of aduowson of a parish church , wherein the esplees are chiefely laid in tithes , because the aduowson of the whole tithes , is no other then the aduowson of the church , as iudge stoner x sayes in corbets case . and by the practice of the kingdome , it became cleer law ( as it remains also at this day ) that regularly , if no other title or discharge , to be specially pleaded or shewed in the allegation of the defendant , might appeare , euery parson had a common right to the tithes of all annuall encrease ( prediall and mixt ) accruing within the limits of his parish , without shewing other title to them in his libell . that appeares frequently in our yeer-books , where the issues , taken vpon parochiall limits , are reported . but wee may here not vntimely remember an occurrence in the petitions y of the parlament of . ed. . touching the tithes of cornwall , challenged by the parsons and vicars there . de personis & vicarijs ( sayes the entrie ) petentibus decimam in cornubia , vbi rex soluit annuatim episcopo exoniensi pro decima praedicta ; ita responsum est . fiat sicut consueuit tempore comitis & regis . the earle and the king there meant , are that great richard , and henry the third . but this must not be vnderstood of the tithes generally in the countie , although the words might import as much , as if the bishop had receiud them all . it was doubtlesse for the tithe of the stannaries only . for it is true , that the bishop of exceter had the tithe of the profits or rent of the stannaries there anciently giuen and paid him . and thereof testimonie enough z is vpon record . and to that purpose also is that marginall note , in the book of those parlaments , stagmen cornubiae . cleerely , that goes for the stannum cornubiae , as stagminatores for those of the works . for the time of edward the third and richard the second ( beside that of the tithes of silua caedua , or copis wood , whereof enough before , in the laws that belong to it ) you may remember those complaints of chaucers plowman against the clergie of his age . their tithing and their offering both they clemeth it by possession , thereof nil they none forgo , but robben men by ransome . and then , of parish-rectors . for the tithing of a ducke , or an apple , or an * aye , they make men swere vpon a boke , thus they foulen christs fay . and , he woll haue tithing and offering , maugre whosoeuer it grutch . and in the freres tale , and small tithers they were foule yshent before the archdeacon . to these ( for personall tithes ) you may adde that of mortuaries , payable in beasts regularly before the statute of . hen. . which were reputed due vpon the generall presumption of euery defuncts negligence in payment of his personall tithes . the mortuarie was therefore ( by the canons ) to bee presented with the body at the buriall , as a satisfaction of omission , and negligence in paying to the church a those personall duties . and thence was it stiled corse-present ; according whereto , i haue seen a iustification in the eire of derby of . ed. . to an action of trespas brought by thomas of goustill against the parson of whitwell , for the taking of a horse ; in which the defendant pleades , that it was the horse of one i. leyer his parishioner that died , et que le dit chiual ensemblement oue autres choses fust mesnes & present al esglise come en nosme de mortuarie deuant le corps mesme le iour &c. & il come parson les prist & resceut auxi come custome de la terre & de seint esglise est &c. these shew plainly the receiued and acknowledged parochiall right , in the practice of those times , which hath to this day continued . neither is it at all necessarie to adde more for the vniforme continuance of it . sauing only , that where any statute hath made a discharge , or prescription or custome hath setled a modus decimandi or certain quantitie payable , though neuer so little , for the tithe , there , by the laws of the kingdome , the owner is not bound to pay other tithe , then the statute or custome or prescription binds him to . which yet must be so vnderstood in the case of lay men , that custome or prescription founded in their possessions as lay , cannot wholly discharge the tithe , or be de non decimando , but may well be de modo only ; otherwise is it in the case of spiritual persons , that may by the common law be by prescription wholly , discharged and prescribe de non decimando . and this is regularly cleer law. but at what time this parochiall and common right became first setled with vs in practice , is not so cleerly known . and though those decretals , before cited , suppose it a thing of custom here in henry the ii. his time , yet if credit might be giuen to the report of those english monks , which ( as wee haue before related ) referd the ordaining of parochiall right in tithes to the generall councell of lions , held vnder gregorie the tenth , then wee might conclude the right of it no ancienter then about the beginning of our edward the first . but whateuer they meant , it is certaine , that some , both synodall and secular lawes of this kingdome , had , before that time , ordained this right . yet indeed it will be found , that the practice of it here ( as also in other countries ) was not setled till some m.cc. yeers after christ , or , at lest , was , for many yeers before , & some after , discontinued . which may partly be collected out of that decretall of pope innocent the third , sent into this kingdome , and dated in the lateran ; which is before at large in the chapter of laws , § . xxiii . for howeuer the recitals are in those of alexander the third ( the one speaking of generalis institutio for parochiall payment , which , as it may denote common custome , so also may be vnderstood for some law of the kingdome , as that of edgars , knouts , the confessors , or some other before related ; the other , of consueuerint ecclesijs quibus debentur , which doth not of necessitie include a generall practice of parochiall payment , but may as well denote the dutie that comes from arbitrarie consecrations ; of which , in the next chapter ) it is most certain , that before about the yeer m.cc. after christ , that is , about the time of king iohn , it was most commonly practised by the laitie , to make arbitrarie consecrations of the tithes of their possessions to what monasterie or church they would , sometimes giuing halfe , sometimes a third part , and at their pleasure all , in perpetuall right , or otherwise , according to the nature of those consecrations in other countries ; of which , enough is before related . neither doth expresse testimonie hereof want in that decretall of innocent the third , made against these kind of arbitrarie consecrations . multi ( saith hee ) in diocesi tua ( that is the prouince of canterburie ) decimas suas pro sua distribuunt voluntate . neither may you vnderstand it , as if it had bin done by the waiward opposition of some only against the receiud and allowd laws of the kingdome . for notwithstanding all those ordinances , both secular and synodall , anciently here made for due payment , it is cleer , that in the time before about that innocent , it was not only vsuall , in fact , for lay men to conuey the right of their tithes , as rents-charge , or the like , to what church or monasterie they made choice of , but by the course and practice of the law also of that time ( both common and canon , as it was here in vse ) such conueyances were cleerly good , and what was through them so acquired , was continually , and is to this day ( except some particulars , which either the popes autoritie of later time , or new cōpositions or grants , or the like , haue altered ) enioyed by the churches , that , yet remaining , had portions so anciently giuen them , or by the king or his grantees of impropriated tithes ; very many of which , had their chiefe originall from those arbitrarie consecrations ( which you may well call appropriations of tithes ) and not from the appropriating only of parish churches , as some out of grosse ignorance , with too much confidence , deliuer . but thereof you may see more in the examples of the next chapter . where , for most apparant proofe of the practice of arbitrarie consecrations in those times , moniments enough are collected . this arbitrarie disposition , vsed by the laitie as well de iure ( as the positiue law , then receiued and practiced , was ) as de facto , is that which wicclef rememberd in his complaint to the king and parlament vnder richard the second . his words are : a lord god , b where this be reason , to constrain the poor people to find a worldly priest , sometime vnable both of life and cunning , in pompe and pride , couetise and enuie , glottonie , drunkennesse and lecherie , in simonie and heresie , with fat horse , and iolly and gay saddles and bridles , ringing by the way , and himselfe in costly clothes and pelure , and to suffer their wiues and children , and their poor neighbours , perish for hunger , thirst , and cold , and other mischiefes of the world . a lord iesu christ , sith within few yeeres , men payed their tithes and offerings at their own will free to good men , and able to great worship of god , to profit and fairenesse of holy church fighting in earth . c where it were lawfull and needfull , that a worldly priest should destroy this holy and approued custome , constraining men to leaue this freedome , turning tithes and offerings into wicked vses . but what hee calls a few yeers , will fall out to be about cc. for hee wrote about the yeer m.ccc.xc . with him well agrees some passages in our yeere-bookes of the times before him . as in . ed. . fol. . a. parning truly affirmes , that in auncien temps deuant vn constitution de nouelle fait per le pape , vn patron d'un esglise puit granter dismes , deins mesme le paroche a vn altre paroche . and herle there in his answer seemes to admit it cleere . so also ( touching others as well as patrons ) lodlow , iudge of assise in . ed. . fol. . b. en auncien temps chescun home purroit graunter les dismes de sa terre a quel esglise il voudroit . quod verum est , sayes iudge brooke , in abridging the case . but what new constitution of the pope is meant there by parning ? some later d books tells vs , that from the councell of lateran the first alteration of that course of arbitrarie disposition came . but plainely , no councell of lateran hath any canon that alterd the law in it , except that vnder alexander the third , before spoken of in the end of the sixt chapter , may haue place here : which , indeed , the canonists will not endure , vnlesse you restraine it only to ancient feudall tithes . and they suppose , euerie man might haue arbitrarily conueyed , before that councell , his feudall tithes to what church he would . and so expressely sayes our e lindwood . ante illud concilium benè potuerunt laici decimas in feudum retinere & eas alteri ecclesiae vel monasterio dare ; non tamen post tempus dicti concilij . but if those which with vs talk here of the councell of lateran , meane that vnder alexvnder the third , and apply it generally to arbitrarie consecrations of new tithes , not feudall , i doubt they are much neerer the true meaning of that councell then any of the canonists . especially while they speake of this kingdome . for arbitrarie consecrations before about the time of that councell are found here infinite , as presently shall be shewd . but of ancient feudall tithes ( howeuer they were common in other states ) scarce any mention at all or tast is with vs. but thereof more in the xiii . chapter . and , it may be , that when , from the canonists , some of our lawiers had learned that feudall tithes might haue been conueied before that councell arbitrarily by the owner ; and saw withall that scarce any signe was of feupall tithes in this kingdom , yet an abundance of old arbitrarie consecrations , the vse whereof ceased about the time of the councell ; in the words of it no regard or mention being had of feudall but only tithes in generall ; they concluded ( who sees enough why they might not ? ) that before that councell euery man might haue arbitrarily disposed of his tithes . that is such tithes as were not formerly setled by any ciuill title . but if this will not be allowd for the law of change of those arbitarie conueiances ; why may it not first be that parning by his constitution de nouelle fait per le pape , meant that f of pope innocent the third , sent to the archbishop of canterburie in king iohns time ( and perhaps it was soon after receiud into the prouince of york either by imitation or through the power legatin , which the archbishop of canterburie commonly exercised through the whole kingdome ) to command a parochiall payment ? for also by the name of a constitution newly made by the pope , some such thing rather then a canon of a generall councell , is perhaps denoted . and then why might it not happen that the decretal of innocent the third , bearing date in the church of lateran should be thence denominated , and that afterward those which truly vnderstanding it , called it therefore a lateran constitution , gaue cause of mistaking to others that took it for a constitution of a generall councell of lateran ? especially too because it was about the time of the generall councell of lateran ( held vnder the same pope that sent it ) of which more notice hath been taken in our law then of any other of that name . and indeed he that affirms that before the councell of lateran lay owners might haue disposed their tithes , cuicunque ecclesiae secundum meliorem deuotionem , as dyers words are , speaks true enough , if his words may receiue this easie interpretation . that is , that till about that councell of lateran they might haue done so ; not that the councell vnder pope innocent restraind it , but that either the next councell of lateran before , that is vnder alexand. the iii. or the pope by a constitution , receiued here from rome and dated in the church of lateran , about the time of that councel of the yeer m.cc.xv. ordaind the contrarie . so that in this last way the name of the councell may be a note only of the time about which it was restraind , not of the autoritie whence it was forbidden . perhaps those canons of pluralities , of exemptions , of the three orders , and some such more which we receiud from that councell vnder innocent , were brought into england at once with this decretall epistle ; and if so , then also it was no more strange to haue the decretall afterward titled by the name of a cōstitution of the lateran councell , then it happend in the denomination of the statuts of aide de roy and voucher , made in . ed. . euery of which are stiled by the name of statutum de bigamis . yet only one law de bigamis receiud out of the generall councell of lions , is among those statuts ; and that is euen as much a stranger to the rest of the constitutions bearing the same name with it , as pope innocents decretall was to the whole councell of lateran . howeuer , it is most cleer ( let froward ignorance as it can continue to oppose the assertion ) that for cc. yeers at lest before about the time of the councell of lateran , held vnder the same pope , arbitrarie consecrations of tithes with vs were frequent , and practiced aswell of positiue right ( if wee may take that for right , in things subiect to human disposition , which generall consent of the state allowd ; as no man that knows what makes a positiue right , can denie ) as of fact ; which because they are best conceiud of by the particular testimonies and precedents of them , in the following chapter manie shall be transcribed ; that are all ( except one or two in the prouince of yorke ; neither is it likely that in euery place here , and by euery man the intent of that constitution was suddenly obserued , and perhaps also it was not so soon alterd in york prouince as in this of canterbury , in regard that the decretall was sent only to canterburie prouince ) of the time before that decretall and taken out of the most choice and authentique moniments , that may afford help to the disquisition of this point so little , so not at all vulgarly or indeed any where publiquely discouered . cap. xi . i. arbitrarie consecrations of tithes ( before about the time of the most known councell of lateran ) by conueiance from the owner of all or part to any church or monasterie at his pleasure , in examples selected out of moniments of infallible credit . ii. a writ in the register intelligible only from those arbitrarie consecrations . a like example to it out of the book of osney . iii. the libertie of the baronage anciently challenged to build churches in their territories . parochiall right to tithes setled in practice . iv. of tithes of encrease in lands not limited to any parish . how by the common law they are to be disposed of . besides the many testimonies that may be had out of the portions especially possessed by som churches or monasteries , manie of which had no other beginning then from arbitrarie consecrations , made by owners of tithes , in two parts , or third parts , or otherwise at their pleasure to any church or monasterie ; the frequent memorie of instruments of such consecrations ( made according to the practiced law of the time chiefly interceding from the yeer m. till some yeers after m.cc. of our sauiour ) is to be principally obserued in this disquisition . the originall moniments of those elder ages afford vs plentie of thē . and in regard of the easier connexion and more compendious way of deliuerie , we shall rather seuerally follow the singular courses of euery of the chartularies or other moniments , which tell vs of those kind of consecrated tithes , then dispose together euery arbitrarie consecration according to the order of time . the seuerall titles of books whence we haue them shall chiefly direct in the generall order . but neither shall the particular time , of euery of these selected examples of consecration , be omitted . i. the chartularie of the abbey of a abingdon shall obuiously haue first place . in it , in the time of k. william the second and rainald abbot , occurres ; that viuente praedicto rainaldo abbate , trium decimationum , ecclesiae huic facta est vna ab herberto de villa sua lakine , appellata henrici de ferrarijs b milite ; scilicet frugum , agnorum , caseorum , vitulorum , & porcellorum . quod & robertus filius eiusdem post patris mortem confirmans , concedente domino suo praedicto henrico , abbendoniam venit , pro patris & sui suorumque salute praefatam hîc decimationem perpetualitèr tradidit ; sibi fratribus suis germanis huberto & stephano in his fauentibus ; etiam istis amicis suis videntibus quirio de mo●nais , & fratre eius hugone & roberto filio aldulfi de be●retuna . altera à seswaldo de villa sua hildeslea caseorum scilicet & vellerum suarum ouium . quod & haeres & filius eius frogerus post eum denotè confirmauit . quae vtraeque decimationes luminaribus & ministerijs altaris sanctae mariae ab eo die specialitèr delegatae hucusque in hoc expenduntur . tertia à rotberto cuius erat cognomen marmiun , & à filio ipsius helto de villa sua henreda , frugum omnium suae propriae lucrationis . sed & post illos à radulfo cognomento rosel idem concessum . and then follows rosel's charter to that purpose : ego radulphus agnomento rosellus concedo volo atque praecipio seruientibus meis vt segetes meas de hen●eth deciment ad ostium granciae meae quae ibidem habetur & ipsam decimam rectè & fidelitèr seruienti s. mariae deliberent . and this tithe was in the sole disposition of the almosner of the abbey . out of iv. hides also lying in the same henred , a consecration of the tithe had been made before in the time of the danish gouernment , by a dane , and is thus there reported . tempore danorum , fuit quidam eorum qui possidens vii . hidas in henreda , propter vicinitatem abbendoniae & amorem s. mariae virginis & aliorum sanctorum qui mihi digniter coluntur , dedit decimam de dominio eiusdem terrae ecclesiae s. mariae abbendonensi in eleëmosynam pauperum hoc est de iiii. hydis ; quam terram helto marmiun deo & sancto stephano cadomi dedit . ecclesiae verò abbendonensi decima de dominio praedicto in aeuum permansit . then follows a charter of henrie the first , wherein all the grants of lands , churches and tithes made or thence after to be made by alberique de ver and beatrix his wife , their sonne alberique and his brothers , or by their tenants to the monasterie of colme in essex ( which was a member or as a cell of abbingdon , and erected by alberique their ▪ father ) are confirmed ; and in them two parts of the tithe de omnibus rebus in the mannors of hethingham , belcheam , laureham , aldeham , duurecurt , bonecleide , and rodinges , and half of the tithe of walde and wadane , are recited to haue been conueied to the same monasterie , et dimidia decima deimiblanc de cola , & tertia pars decimae ranulfi magni . this is dated xi . hen. . at reding , that is m.c.xi. and faritius abbot of abingdon ( as it is further rememberd ) at colme solemnly receiued inuestiture or seisin of euery of those and other possessions so granted by the hand of picot sewer to alberique de ver , with the testimonie of his wife , children , and many of his tenants . and the patent of henrie the first is there extant , wherein tota decima de venatione quae capta fuerit in fo● esta de windesore , is granted to the abbey , which was after confirmed by henrie the second , richard the first and others . in the same chartularie about the beginning of the same henry the tithes of bulhey of cildestun are giuen to the abbey by william of sulaham ; in hanney by osbern and turold ; of offington by the tenants there ; of wekenfield by william of wecenfield ; of eton by roger fitz-alured . and diuers such are related . and the words of the most obseruable passages touching them shall be here infered . anno v. regni henrici regis intrante ( saies the book ) willielmus de sulaham dedit deo & sanctae mariae & abbati faritio & monachis in abbendona decimam villae suae quae bulhea vocatur . die videlicet assumptionis eiusdem s. mariae . eodem etiam die confirmauit donum de alia decima quam anteà dederat de villa cildestuna quae ad haereditatem leodselinae priuignae suae pertinebat , ipsâ puellâ coram monachis concedente donum . & cum ipso willielmo & cum matre suâ super altare idem imposuit , coram his testibus ; abbate praedicto & omni conuentu , iohanne fratre coniugis eiusdem willielmi , humfrido eiusdem milite , hugone conred . but that of turold is thus exprest . similitèr turoldus de eadem villa ( that is , hanney ) dedit deo & sanctae mariae de abbendona coram faritio abbate & omni conuentu , in capitulo , decimam omnium suarum possessionum , porcellorum scilicet agnorum , vellerum . sed decimam carucae suae tantummodò ita discreuit , vt duas istius decimationis partes huic loco , tertiam verò partem presbytero sibi seruienti concederet ; hoc idem concedente & confirmante vxore sua hugulinâ & filio suo willielmo . & hanc donationem donauit anno v. henrici regis . here specially you see as well arbitrarie diuision as consecration of the tithe by the owners grant . and for the example of the tithes of offington , the words of it are most obseruable also . eodem anno ( sayes the monke that wrote it ) cum venisset abbas faritius in villam suam offentunam vt opus ecclesiae quod ibi lapideum à fundamento inchoauerat ad perfectum determinaret , congregauerunt se homines sui ex eadem villa & obtulerunt communi deuotione & concessione decimam suam totius villae eiusdem , s. mariae & ipsi abbati & loco abbendoniae ab illo in reliquum tempus . vt videlicet abbas de suo proprio ecclesiam eiusdem alacriùs construendo perficeret & ipsi mererentur in fraternitate loci annumerari . hanc expetitionem cum abbas audisset , inquisiuit vtrum ecclesiae eiusdem villae antiquitùs decima ab illis hominibus daretur ; nolens scilicet eam sua rectitudine minuere pro alicuius donatione sibi suoque loco oblata . dictumque est , hoc esse moris villae vt a singula virgata ecclesiae illi xxiiii . garbae pro decima numeratae donarentur . quod sciens abbas , statuit ante ipsos homines vt , sicuti ipsimet voluerant & optulerant , reciperet eorum decimam , ea determinatione assignatâ inter ipsum abbatem & ecclesiam eiusdem villae , scilicet , vt tempore colligendarum decimationum abbas ipse mitteret offentonam quem vellet de suis , & ipse reciperet à fingulis , secundum singulorum possessionem , rectam decimationem , & post illam totam collectam , de singula virgata illius villae tot manipulos presbytero illius ecclesiae tribueret quot superiùs diximus ei deberi . reliqua verò decimationis abbati seruaret . here plainly , no tithe was parochially paid before this graunt , but only xxiv . sheaues of euery yard land ; which was now diminished also by the consecration of the true tithe to the abbey . then willielmus de wecenfeld dedit suam decimam ex omni sua pecunia s. mariae & monachis in abbendon de tribus videlicet hidis in wecenfeild , & duabus de boxore , excepta vna acra quae ecclesiae de boxore , adiacet . this was in . hen. . and in the relation of the tithes of eaton , granted to the abbey by roger fitz-alured , it is added , et promisit quod cum osmundo & alijs suis hominibus de illa villa faceret vt & ipsi de suo tenore similitèr decimam ecclesiae huic concederent . so in . hen. . aldred & luured homines ecclesia de waliford dederunt monachis huius ecclesiae decimas de omnibus videlicet suis pecoribus , & de agrorum suorum cultura , in capitulo coram toto contentu . and in the same yeer , one ralfe gaue them the tithe of his farme or manor of bradendene , and assured them , he would entreat robert de insula , his lord of whom hee held bradendene , quatenus illius permissione & concessu suo hoc confirmaret , vt haec ecclesia ipsius decima donatione firmiùs in posterum potiretur . the like gift occurres there , made by hugh fitz-wichtgar in . hen. . of the tithes of bennaham . and about the same time , gilbert basset gaue for euer to the abbey , with his sonne robert entring there into religion , the tithe of his land in waneting , to be employed ad vsum pauperum . not long after , hugo dispensator regis ( it seems , treasurer of the household ) granted to the abbey , suam decimationem de omni pecunia tam de mobilibus rebus quam immobilibus de manerio spesholt quod de ecclesia tenebat , sua coniuge helewisa fauente , coram his testibus ; poidras suo homine , & anschitillo suo praeposito de praedicta villa , & multis alijs . the like did ralfe the abbots chamberlain grant out of two hides in steringford . so one iocelin and his sonne randoll granted to the abbey two parts of all kind of tithes in possessione quadam quae graua dicitur . and one norman , when his sonne eudo there took habit of religion , consecrated with him decimam dominij sui de winterburne , quam cui placeret ecclesiae liberè donare poterat . quae sic concessa sub manus sacristae redacta est . and among other possessions of the abbot and couent , confirmd by the bull of pope eugenius the third , in the yeere m.c.lii . ( that is , in xvii . of king stephen ) these tithes granted , are particularly reckoned in it , as part of what they did in praesentiarum iustè & canonice possidere . so are the words of the bull. neither to other purpose are the words of the bishops of salisburie , ordinaries of the diocese , in their generall confirmations of churches and tithes to the abbey . these confirmations of theirs came diuers yeers after the grants made by the owners , and are at large extant in the chartularies of the monasterie . the first that made any , was hubert , who was consecrated bishop in . rich. . that is , m.c.lxxxix . in the time of henry the second , through the procurement of richard sacristein of the abbey , one giralin de curzun graunted to the abbey , decimam xxx . acrarum de westlakinge quam parentes sui priùs concesserant & ipse altari sanctae mariae concessit , addens de porcellis siue agnellis aut caseis aut rebus alijs quae decimari solent , decimam , quam priores sui minimè dederant . hanc verò donationem super altare s. mariae deuotus obtulit ; trium tantum acrarum decimâ de xxx . ecclesiae de waneting reseruatâ . then , for tithes in chiltune ; it is there reported , that in . hen. . nicholas fitz-turold gaue them to that monasterie . his whole charter is recorded , and so take it here for that part transcribed . notum sit praesentibus & futuris testimonio huius scripti sigillo meo signati , quod ego nicholaus filius turoldi de estuna pro salute animae meae parentumque meorum , & pro eo quod licitum mihi esset ab ecclesia de abbendona coemiterium habere capellae meae de winterburna , concessi firmiter & finaliter dedi praedictae ecclesiae abbendonensi singulis annis imperpetuum habendas decimas terrae meae quam in dominio meo teneo in villa chiltune . in blado scilicet ad ostium grangiae meae suscipiendo & in caseis & in velleribus & agnis & porcellis , & in omnibus quae decimari solent . and at the time of the grant , it was by the abbot ingulph assigned to the vse of the poor and strangers , that is , to the almosnerie , as indeed most other of their consecrated tithes were : which is yet to bee seen in the accompts of the reuenues of euery office of the house . out of the * chartularie of the abbey of osney . the abbey being founded in . hen. . that is , in m.c.xxix . by robert d'oily high constable of england ; in the charter of the foundation are giuen to it the tithes of the founders mills , that were neere the castle of oxford , & decimatio nicholai de stodeham quam fromundus ( a chaplain mentiond in the charter ) tenebat . and that is iterated often in other charters to the same monasterie . and after in the same chartularie is a catalogue of diuers portions of tithes belonging to the abbey , and as issuing out of the demesnes of such as had encreased the reuenues of it with endowments of tithes newly granted . nor are they expressed with any reference to this or that parish , but only to the demesnes and names of the donors . and then comes a confirmation of richard bishop of lincolne ( within that diocese , oxfordshire was , till the later institution of a bishoprique in oxford ) wherein , among the ancient possessions of the abbey , enioyed through their hauing saint georges church in the castle by d'oile's gift , two parts of the tithes of all things quae decimari solent , in dominico horum maneriorum , videlicet , bercencestre , erdinton , &c. are confirmed to it . neither is the number of those mannors there named , vnder fortie . which way is it likely , that the church of s. george came to two parts of the tithes of so many mannors , if not by consecration of the owners ? and indeed afterward is a transcript of a charter of robert d'oily's ( that was aboue c.xx. yeeres before the bishops confirmation ) to the abbey , wherein he giues three hides in walton and terram de twenti acre & decimam earundem terrarum , & pratum quod vocatur brunmannes mead , cum decima eiusdem prati ( where note , the land and the tithe of the same land is giuen , which could be but a discharge of tithes in the abbey ) & cum decima de northam , wiueleya , & lincha , & omnium terrarum & pratorum & aliarum rerum decimabilium quae sunt inter castellum oxoniae , & * heunteseyam aut botleiam scilicet in comitatu oxoniae . and then duas partes decimae , de omni re quae decimari solet , de omnibus dominicis vtriusque honoris qui adiacent castello oxenefordiae , videlicet de hokenorton , swerefordia , bereford , wiginton , &c. with a recital of aboue fortie townes and mannors , which are also in that confirmation long after made by the bishop . in the same book , richard of dodeford giues them in perpetuall right the tithes de assarto bosci mei de hecholthe cum assartatur & excultus fuerit , siue ego siue alius per me illum assartauerit & excoluerit . this seemes to be of about king iohns time . and one hugh de croftes grants them decimas dominij mei de wauretun de omnibus rebus quae decimari possunt & debent , tenendas de priore & monachis de tedford imperpetuum , sicut cartae vtriusque monasterij inter eos factae testantur . and this was in . rich. . and a pension was yeerely payable for them to the prior of thetford by that clause of tenendas , as appears in the confirmation made of the same charter by william bishop of hereford . you must know , that the ancestors of croftes had formerly giuen those tithes to the priorie of thetford , as is remembred there also . out of the chartularie or * lieger-booke of the priorie of gisburne or gisburgh in the north-riding of yorkshire . in a fine there of . hen. . between peter of brus demandant , and iohn prior of gisburne tenant , it appears , that when robert de brus , ancestor of peter , vnder king stephen , founded the monasterie ; he by grant endowd it , among other possessions , with the tithe of his demesnes of lithun . and in another of . hen. . the concord hath these words in it , et similiter idem petrus concessit pro se & haeredibus suis , quod idem prior & successores sui habeant in parochijs suis decimam venationis suae & haeredum suorum ; & foenorum suorum vbicunque foenum falcabitur praeterquam in locis subscriptis , scilicet in parco sub castro de daneby & in iv. laundis in foresta de daneby , scilicet in launda de souresby , eskebriggethwoyt , karlethwoyt , & in launda sub threlkeld , & in haya de skelton clausa ex aquilonali parte de routheline , & in paruo parco circa castrum de skelton in quibus locis nullas decimas foeni habebunt . that of the tithe of venison , taken within the parishes of the priorie , was confirmed in another fine of . hen. . leuied before the iustices of eire in yorkeshire ; and therein also was further added , concesst etiam idem petrus pro se & haeredibus suis , quod ipsi de caetero reddent singulis annis praedicto priori & successoribus suis & ecclesiae suae praedictae decimas molendinorum suorum in parochijs suis existentium imperpetuum . so that if the mills were in lease , the tenth of the rent was payable ; if in the hands of the grantor , or his heires , the tenth of the multure . and for true payment , the millers were , by the concord of this fine , bound to doe fealtie to the prior and his successors . but i haue not seen an example of such disposition of tithes of so late time . few or none else ( i thinke ) exceed the yeer of that constitution of lateran before spoken of . and remember that this is of york prouince , in which perhaps the decretall sent to canterburie had not such effect till somwhat after , as is before touched . out of the chartularie * of the monasterie of s. andrews of rochester . henrie the first giues to the monks there diuers churches with tithes , et dimidiam decimam meam de tarentford in annona tantum , & totam decimam meam de strodes , & totam decimam meam de chealches , & hoc facio pro anima patris mei & matris meae & pro anima mea & vxoris meae , t. eudone dapifero & haymone dapifero apud rouecestriam . other tithes of whole mannors he gaue also to them , et decimam * balenarum quae captae fuerint in episcopatu roffensi . and about the same time ralf archbishop of canterburie by charter gaue them totam decimam de meo dominico & omnes decimas omniū villa norum qui habent terram in dune , necnon & aliorum omnium , quorum decimae meo tempore ad quisitae sunt vel quocunque tempore ad quirentur . many other charters are in it to like purpose , as : ego willielmus de albine●o pincerna regis concedo deo & sancto andreae de rouecestria & monachis eiusdem loci totam meam decimam de villa mea quae vocatur elham in omnibus rebus scilicet de blado & de pasnagio , & de molendinis , & de pecudibus , & de lana , & de caseis &c. & medietatem decimae de bilsintune in omnibus rebus pro anima domini mei willielmi regis & henrici regis atque pro anima mea & patris mei & matris meae & vxoris meae & fratris mei nigelli , & nepotis mei humfridi & aliorum parentum meorum viuorum atque mortuorum . testibus militibus meis , nigello de wast &c. that d' aubigny was earle of chichester or sussex or arundel ( for all these titles he vsed ) and diuers confirmations were afterward by his successors , of this grant. and k. henrie the first also confirmed this of the first william . and the prior and couent not long after made a lease of that their tithe in bilsintune to one gilebert de perieres for ix . yeers , reseruing half a mark rent payable at easter . and this was confirmed by the archbishop of canterburie . roger bigot earle of norfolk vnder richard the first , and william his yonger sonne , had giuen diuers reuenues to the priorie , and among them occur the church of waltune , and then by it selfe tota decimae villae waltune de omni re & tota decima molendinorum ad eandem villam pertinentium . this is related in the confirmation of hugh bigot earle of norfolk and sonne to roger . and some other churches were granted , but no tithes mentioned with them . and afterward the first charter of rogers grant is in the same volumè at large . the tithes of buggeley were giuen to the priorie by the ancestors of osbert de cappaualle , and charged with three shillings yeerly rent , paiable to the monks of colchester . this instrument there remaining shews it . notum sit omnibus ( as the words are ) quod ego osbertus de cappaualle & adeliza vxor mea , & humfridus priuignus meus & haeres patris sui , accepta societate roffensium monachorum pro amore dei & sancti andreae , & salute animae nostrae , & omnium parentum nostrorum , concessimus eis omnem decimam de bugeleia , sicut eam antecessores nostri in eleëmosynam dederunt , firmitèr & stabilitèr , & quietè perpetuò tenendam , reddituris inde annuatim monachis de colecestra tres solidos quamdiù eandem tenent & habere poterunt . & hanc concessionem nostram praesenti sigillo confirmauimus &c. this was afterward confirmd by philip of leiburn and his wife anne , and robert of leiburn tenants of buggeley . the tithe of gedding was thus granted by the ancestors of payn shrife of surrey . notum sit omnibus praesentibus atque futurit quod ego pagan vicecomes surregiae , do & concedo decimam de geddinges quam antecessores mei dederunt deo & ecclesiae s. andreae de rouecestria pro anima patris mei & matris meae , & pro me & vxore mea . & mihi concessum est ab eadem ecclesia quod post obitum nostrum singulis annis anniuersarium mei & vxoris meae in perpetuum persoluetur . the tithe of stalefield is granted to the monks by d. de monei , and sic tenendam sicut tenuerunt de antecessoribus meis . in . hen. . halfe the tithe of halegele was giuen to them by henrie de port , the other halfe being before conueid to them — decimam totam de halegele , de qua ( so speaks the charter ) praedictus sanctus ( that is s. andrew ) dimidiam partem habuerat , caeteram verò pro amore radulphi episcopi , vt praedictum est , supra taxato tempore donaui . these others also follow . walchelinus maminot omnibus sanctae matris ▪ ecclesiae filijs tam posteris quam praesentibus salutem . notum vobis facio quod decimam de dominio de bertreia quam pater meus pro salute animae suae & suorum ecclesiae roffensi & monachis ibidem deo seruientibus in perpetuam eleëmosynam dedit , me similiter pro redemptione delictorum meorum & vxoris meae , & haeredum meorum concessisse & praesenti scripto confirmasse . quod si aliquid de praedicto dominio in rusticanam seruitutem translatum est vel fuerit , decima tamen secundum primam donationem integra permaneat . teste rodberto de binham presbytero &c. omnibus christi fidelibus ad quos praesens scriptum peruenerit , willielmus de lamualai aeternam in domino salutem . nouerit vniuersitas vestra quod ego willielmus de lamualai diuinae pietatis intuitu pro salute animae meae & vxoris meae , & liberorum meorum , & antecessorum meorum & successorum , concessi & hac praesenti carta mea confirmaui deo & ecclesiae s. andreae & monachis roffensibus in puram & perpetuam eleëmosynam , medietatem totius decimae de dominio meo de henherst quam antecessores mei eis dederunt & concesserunt ; tenendam & habendam benè & in pace liberè & quietè de me , & successoribus meis , & per manus eleëmosynarij eorum in vsus pauperum distribuendam : ideoque volo & firmiter praecipio vt praedicti monachi habeant &c. omnibus sanctae matris ecclesiae filijs ad quos praesens scriptum peruenerit , adam pincerna aeternam in domino salutem . nouerit vniuersitas vestra , quod ego adam pincerna cognitâ & compertâ dilectione quam antecessores mei habuerunt erga ecclesiam s. andreae roffensis & monachos in eadem ecclesia deo seruientis , decimam de dominico campo meo in culinges qui vocatur westbroc quam radulfus pincerna eis dedit intuitu dei , praedicti ecclesiae , & s. andreae , praefatis monachis in puram & perpetuam eleëmosynam concessi & praesenti carta mea confirmaui , ita videlicet quod richardus frater meus qui successit geruatio decano in personatu ecclesiae de culinges ad praesentationem meam & successores sui reddent annuatim , nomine decimae illius , praefatis monachis dimidiam marcam argenti in crastino festiuitatis sancti andreae omni occasione remota & dilatione &c. it seems that the parson of culinges by the patrons will herein declared , was to haue the tithe of westbroke in kind , and pay half a mark for it yeerly to the priorie . sciant tam praesentes quam futuri quod ego henricus de malemeins concedo & confirmo monachis ecclesiae sancti andreae apostoli rouecestriae decimam meam totam de dominico meo & eam vehendam quocunque voluerint & transferendam ; cum ante hanc concessionem solum modo granum habuerint . praetereà dono eis & concedo decimam meam de vitulis & porcellis . has concessiones confirmo illis pro amore dei & salute animae meae & vxoris , & antecessorum meorum liberè & quietè possidendas assensu haeredis mei & voluntate vxoris & amicorum meorum . teste &c. and william hachet confirms the moitie of the tithes of his demesnes in hainwold ( which his ancestors had granted to the priorie ) to hold free sine omni molestia & exactione . and warrants them contra omnes homines sicut liberam eleemosynam nostram . a like confirmation is from william of srambroche of the tithe of srambroche , granted formerly from his ancestors to the priorie . william of gurnay had giuen to the priorie certain tithes in edintune , which lying dispersed , were not so commodious for the receipt of the monks as of the parson of the parish . thereupon galiena , grand-child to william , declares , that for that cause prouisum est & statutum , vt quaelibet illius ecclesiae persona nomine decimarum illarum liberaliter soluent annuatim praedictis monachis rouecestriae quinque solidos , ad festum beati andreae . and so confirms both the gift of her ancestor and this composition between the parson of edintune and the prior and couent . haimo filius guidonis de dudindale , confirms , in puram & perpetuam eleemosynam , the gift made by his ancestors gerold his grand-father , and guy his father , of all the tithes of his land in dudindale . which was afterward confirmed also by his sonne and heire iohn . hamelinus de columbeirs establishes the perpetuall right of all the small tithes of his demesnes , in the chantor of the priorie , to whom by ancient possession of his predecessors , hee found they belonged , when controuersie was about them , twixt the chantor and ralf parson of frendesburie . william the sonne of thomas of ysfield and all his coparceners , confirme the tithes of ysfield formerly giuen by their ancestors in puram & perpetuam eleemosynam . and further grant all small tithes of ysfield , as of lamb , calf , piggs , fleece , and the like . et vt haec nostra donatio ( saies the deed ) & confirmatio inconcussa permaneat , ego willielmus omnium fratrum meorum voluntate pro omnibꝰ sigilli mei appositione corroboro . which i note for the speciall kind of sealing with the eldest brothers seale only . henrie of tuang confirms to them decimam de tuange quam praefati monachi habent de dono smalemanni aui me● tam in tuange , quam in rundel . these grants or arbitrarie consecrations were all diuers yeers before the end of m.cc. after christ , and for the most part in the times of henrie the first , king stephen , henrie the second , and richard the first . neither need you make doubt of the allowance of them by the clergie of that time . the tithes so arbitrarily giuen by lay men were not only possessed by the priorie , but were also afterward , with others which are not mentiond in the chartularie , solemnly confirmed to them by the archbishops of canterburie with their prior and couent , who supplied that which now is the deane and chapter . for in . hen. . vpon a controuersie arising about some tithes challenged by the priorie , a confirmation was giuen by richard archbishop of canterbury , in which he grounds their right vpon the deeds of the grantors . cognito ( are his words ) iure praedictorum monachorum per inspectionem instrumentorum suorum , consideratâ etiam diutura illorum possessione &c. and then he confirms to them all the tithes granted to them within his diocese , and reckons by name seuerall tithes in viii . parishes , most of which occur in those examples ; after which he confirms also their appropriated churches with tithes belonging to them . for tithes giuen with the churches appropriated they had as belonging to those churches . but others seuerally consecrated were no otherwise in them then as if rents or other profits had been granted out of lands to them . a like confirmation was made by baldwin in . rich. . of all tithes in particular that were formerly setled in them by lay mens grants . and another such was by hubert archbishop in . of king iohn , wherein he confirms to them omnes decimas à quibuscunque dei fidelibus vsque in praesens in archiepiscopatu nostro illis collatas . out of the chartularie of the monasterie of * reding for leonminster or lemster in herefordshire , that was annext by henry the first to reding , in the foundation . walter clifford , for the health of his fathers soule , and for his wife and children , giues ecclesiae de leonminstre decimam de tota hamenesca tam de dominio quàm de villanis s. de omnibus vnde decimae dantur tam de viuis quam de mortuis but the church of lemster is called there the mother-church of the place . this was about king iohns time . and robert malherbe giues to the same church decimam de toto dominio meo de riseburie de omnibus , vnde decimae dantur tam de viuis quam de mortuis . out of the chartularie of the nunnerie of * clerkenwell . among many possessions confirmed to it by henrie the second , we find , ex dono gaufridi comitis de essex & eustaciae vxoris eius totam decimam totius victus & procurationis illorum & domus suae & familiae suae ; and , ex concessioue alexandri prioris & monachorum ecclesiae sanctae mariae magdalenae de stanesgate , assensu conuentus ecclesiae sancti pancratij de lewes , omnes decimationes illarum de feodo de clerkenwell cum pertinentijs suis. and maurice of totham and muriel his wife grant to the nunnerie , ius parochiale in perpetuo habendum in terris nostris quas habemus & tenemus de episcopo londinensi iuxta londoniam , & in hominibus in eisdem terris existentibus & in certis terris nostris quae ad parochiam pertinent . and further , that those lands and his tenants should be ioind iure parochiali to the church of the nunnerie , et quod homines illi reddant & faciant quae parochiani debent reddere & facere suae matri ecclesiae . and that the nunnes should quietly enioy all tithes of those lands , according to the intent of the grant from the priorie of lewes in sussex ; which also is rememberd elsewhere in the same chartularie . maude of mandeuill , countesse of essex and hereford grants , totam decimam totius victus nostri & familiae nostrae vbicunque fuerimus de panibus & potibus & carnibus & etiam de piscibus sicut in carta domini g. de mandeuilla comitis essexiae antecessoris nostri continetur . and a great curse is added to all such as should disturbe or preuent the nunnes in their enioying of that tithe . the reference made is to that which is before mentioned in the patent of confirmation , made by henrie the second . this of maude was about the beginning of henrie the third , and is but a confirmation of that of geffrey of mandeuill , made earle of essex by maude the empresse . out of the liues * of the abbots of s. augustines of canterburie , written by thomas sprot * , a monk of the abbey vnder edward the first . eodem anno domini ( videlicet m.lxx. ) in villa de fordwico , willielmus rex contulit sancto augustino & fratribus eiusdem coenobij , ecclesias de fauersham & de middeltune , & decimas de omnibus redditibus prouenientibus ex illis duobus manerijs s. de middeltune & fauersham & decimam de omnibus appendentibus , terra , syluis , pratis , & aqua , excepta decima mellis & gabuli denariorum . et sunt istius donationis septem cartae diuersorum regum praeter istam . that gabulus denariorum is rent paid in money . scotland was then abbot there . in the same abbots time , odo bishop of bayeux , and earle of kent , gaue to the abbey , decimas aliquas quas mei fideles habebant , id est , athelwoldus de tribus villis quae dicuntur knolton , tiskenherst , ringelton , & decimam totius terrae turstini , necnon decimam osberni filij letardi de duobus locis , id est , bedlesangre . decimam etiam osberni payfori de villula quae dicitur bochland . haec omnia ( as the words of his charter are ) dono concedo & confirmo &c. si quis verò huic donationi contrarius fuerit , vel aliquam calumniam ingesserit , aeterno anathemate ipso facto sit reus & regiae maiestatis &c. then the autor tells vs , that afterward william d' aubigny wrongfully took the tithe of knolton and ringelton from the abbey , as roger of memires did the tithe of bochland . in the yeer m.lxxix . scotland being still abbot , herebert fitz-iuo gaue to the abbey , decimas quinque mansionum suarum vel centum solidos nummorum quod in arbitrio abbatis & fratrum s. augustini constituit vtrum decimas ipsas vel centum solidos pro decimis acceptarent . those fiue mansiones , or farmes , or mannors , were oliue , ewelle , osprenge , heregedsham , and langedone . but this tithe was afterward ( sayes sprot ) wrongfully detaind from them by william peuerell . about the same time , abbot scotland made a lease of v. solings ( that is , solins , or selions , which are made the same with hides , or plough-lands , by some * good autoritie ) about northbourne to one wadard for life , reseruing rent of xxx . shillings , and the tithes , of all profits there accruing , to himselfe . the same abbot leased for life to amfrid mauclerc his land of riple , and of aluetune , vpon like condition , that mauclerc should pay to the abbey all the tithes both of those lands as also of his v. mannors , hortun , legu , ernolton , seeldrisham , and oslacestone , and also all other tithes of his yeerely encrease whatsoeuer . decimam etiam tam frugum quàm omnium animalium suorum & caeterarum rerum . one hugh fitz-fulbert had a lease for life of the same abbot , of two solings of land in sibertesweld , whereupon rent of xx. shillings yeerly was reserued , and this condition also annexed , vt daret etiam decimam omnium rerum suarum quas ipse in dominio haberet . when hugh of trottescliue , abbot there , founded his hospitall of s. laurence , among other endowments , hee gaue it , totam decimam totius annonae de dominio de langeport . this was vnder king stephen . and anno domini m.c.lxxxviii . rogerus abbas tradidit priorissae de scapeia decimas de westland intra parochiam praedictae priorissae pro quatuordecim solidis annuatìm reddendis sacristae s. augustini . what tithes were intra parochiam of the prioresse of shepey , were by former grant of the owner conueyed to the abbey . out of peeter of blois his * continuance of the historie of the abbey of crowland in lincolnshire . at the foundation of the church , new built by abbot ioffrid , in the time of henrie the first , a great meeting was of the deuouter sort of yorkeshire men specially , and others , to the number of aboue fiue thousand in all . and most of them laid stones at it , and vpon the stones , some offered money , some the patronages of churches granted by charters , others tithes of their lands : as for example , the words are , iuxta illum proximum lapidem versus boream posuit simon miles & vxor eius gulana offerentes ecclesiae decimam de morton , & de schapwik ; & iuxta illos proximum lapidem versus boream posuit reinerus de bathe miles & vxor eius goda offerentes operi decimam de houtona & de birtona . out of the * lieger-booke of the abbey of s. albons in hertfordshire . the abbot and couent , about . of henrie the third , gaue to the church of the holy trinitie de bosco , and the nunnes there , for euer , totam decimam de dominio nostro de caysho in omnibus rebus de quibus decimae dari solent , and two parts of the tithe corne of the parish of watford , and some other moities of tithes , the rest being in the parson of watford . but that of the demesnes of caysho was newly now created , and expressed for the prouision of apparrell for the nunnes . but this being so long after the constitution of lateran , and being made only out of their demesnes which perhaps they had discharged , doth only giue an example among many , of another originall way of creation of tithes in some monasteries , but not so much adde to or confirm the arbitrarie course of disposition of them by lay men in times before that so frequently vsed . henricus rex angliae r. episcopo dunelmensi & omnibus baronibus suis salutem . sciatis me ( it is henrie the first ) dedisse deo & s. mariae , & s. oswino , & abbati de s. albano , & monachis de tinemuth omnes decimas suas per northumberland quas robertus comes ( that is robert of mowbray earle of northumberland , who in time of william the second founded the priorie of tinemuth ) & homines eius donauerant eis , scilicet * decimas de colebrige , & illas de ouinton , & de wylun , illas etiam de neuburn , & illam de discington & de caluerdon , & de elstwic , & illas etiam de bothall , & de werkwrth , & de anebell , similiter & de roubyrie , & de wulloure , & volo ac praecipio quatenus supradictus abbas & monachi de tinemuda , benè & integrè habeant illas ac liberè teneant in mea pace , & quod nullus eis inde aliquid auferat super meam forisfacturam . t. nigello de alben . apud brantonam . by the same king. h. rex angliae ranulpho episcopo dunelmensi , & alfrico & luilia vicecomitibus salutem . sciatis me concessisse & dedisse deo , & sanctae mariae , & s. oswino , & abbati de s. albano decimas quas hubertus de lauall ante dederat monachis de tinemuda , scilicet de setona & caluerdona , & de discingtona , & volo ac praecipio vt benè & integrè in mea pace teneant eas , & quod nullus super eis iniuriam faciat . t. nigello de alben . apud wintoniam . this was either a confirmation of a consecration made by de lauall , or els a gift of tithes out of the same lands , by the king , after some escheat or other new title accrued to the crown . the church or priorie of tinemuth was giuen to the abbey of s. albons by william the second , after robert de mowbray had forfeited the patronage , among the rest of his estate , by treason . henrie the second confirms to the monks of tinemuth all their churches appropriated , and decimas de corebriga , & newburna , & de wertewrtha , & de rodbiria , & de botala & wlonera , & de wylum & ditentona , & de caluerduna , & de alswicha , & de anibella , & decimas de dominio de herth , & de setona , & de tunestal , & de daltona , & de mideltona , & de ouinthuna . all which were , without churches , formerly and in perpetuall right consecrated by the owners deuotions . the like often occurres in confirmations made to them by the succeeding kings . in . rich. . hugh of pudsey bishop of durham , confirms to the monks of tinemuth , omnes decimas & obuentiones tam in blado quam in alijs decimationibus tam de dominijs regis quam baronum , siue aliorum fidelium & propriarum villarum , & dominiorum tam in northumbria quam in haliwarchfolk ( that is in the territorie of the bishoprique of durham ) ita plenariè & liberè possidendas , sicut eas pleniùs & meliùs habuerunt vel habere debuerunt , tempore nostro vel antecessorum nostrorum , & sicut donatorum cartae testantur . and some other churches of such generall ratification they haue from the archbishop of york . in the instrument of foundation of the cell of belveir , made between abbot paul and robert of belvedeir or belveir , or de pulchro visu , that robert grants it the tithes of all lands that he should hereafter purchase . omnium terrarum quascunque per dei adiutorium & concessum regis in suum dominium ad quirere , quoquo modo posset , dedit & concessit decimas eidem ecclesiae sanctae mariae ; that is to the cell ; which was at first purposed for a parish church , but by aduice of archbishop lanfrank was cōuerted into a cell . dedit etiam & concessit decimas vinearum suarum omnium & sedem molendini in proxima aqua , & concessit decimas decem villarum ad praesens , ex suo videlicet dominio annonae , omnium que rerum de quibus decima danda est & datur , semota quidem tertia parte presbyteri villae . the names of the mannors or towns of which he thus gaue two parts of the tithes , are , horton , fraton , saperton , rishendon , stoches , wiberteston , segeton , medburne , wiwell , and wlstanestorp . robert of piriton gaue to the abbey , the church of saint marie that he had built in piriton ; and endowd it with gift of all the tithe , eiusdem villae sui dominij & omnium suorum hominum ibi manentium omnium illarum rerum de quibus recte decima datur ; and in nicenton he gaue all the tithe of his demesnes only . in cauendeis & hocaton & aperston , decimam dominij sui , excepta cantaria . ralf of limesi gaue to the church of saint marie also that he built in piriton , decimam suam in eadem villa &c. & decimas hominum eiusdem villae ipsis libentèr concedentibus . apud nicentonam dedit duas partes decimae suae &c. apud hulferlea dedit similiter duas partes decimae suae & apud eprestunam similiter & apud cauendeis & hocktentunam . and these endowments are there called beneficium ecclesiae . these and other tithes so seuerally granted are confirmed to the abbey by alan de limsey , gerard de limsey and others of the posteritie of ralf . the tithe of the agistment of bibesworth-wood , also was granted by ralf , and of other agistments , with prouision also that if the woods were assarted or improued by culture , the abbey should haue tithe in kind of the improuements . the whole deeds o● conueiance are there at large . and a bull of confirmation was long afterward obtaind from pope alexander ( as i thinke ) the fourth . w. peuerell giues to the monks of hatfield decimam denariorum meorum de meldona , & rectam decimam de dona de omnibus rebus de quibus rectè datur decima . and then addes churches of other places cum decimis . that was in henrie the first 's time . out of matthew paris * his liues of the abbots of s. albons . in the time of abbot paul , vnder henrie the first . data est , saith he , huic ecclesiae decima de cundella , & decima de rigentona , & decima de roniges , & de brethelham , & de herlaga , & de thamiseford , & de cliftona , & decimae quatuor villarum istarum s. hunteslege , gertheham , & de brunfield , & redlàng . et duae partes decimae villarum istarum s. sedintonae & boctonae . et tota decima de trumpinton , duae partes decimae de wacerleia . porro in hertfordsira duae partes decimae de esenden & beiford , & de hertfordingbirie . and other like . out of the chartularie * of the priorie of boxgraue in sussex . about the yeer m.c.lxxx. a confirmation is made by william s. iohn , of what had been formerly granted to the priorie by his ancestors ; and among other possessions , occurres decima de chienore , and decima omnium nemorum suorum de honore halnaci in paissone & venditione , & alijs exitibus . and this william for the maintenance of a fourteenth monk ( there being but thirteen by the first foundation ) which he added , gaue , decimam gabulorum suorum de estretintona , and other places . & ex dono petri de hampton decima molendini sui , is related to be theirs . the same william in another charter grants , in subscriptis ecclesijs scilicet walborton , barnaham , hantoneta , honestum , mundeham , duas portiones de terris & decimis omnibus quae ad ipsas pertinent ( for the third parts were assigned by him , and the bishop , and the prior to vicarages ) & in omnibus praescriptis ecclesijs aduocationem liberam & praesentationem presbyterorum qui in sua persona in illis ecclesijs deo assiduè deseruiant &c. et reddidi decimam gabulorum de stretinton , videlicet viii . solidos per annum ; and the tithe of other rents . robert s. iohn , brother of this william , giues decimam omnium gabulorum de walborton , & decimam omnium gabulorum totius villae de bernham quam frater meus willielmus de s. iohanne dedit mihi , ad tenendum in seruitio dei quartumdecimum monachum in conuentu boxgraue , quia priùs solùm tredecim fuerant . quod si quartusdecimus ibi defuerit , tustinus nepos dunelinae vel haeres suus colliget & tenebit eas vsque ad annum integrum ; si verò vltra ; dabuntur pauperibus & viduis , & orphanis duarum villarum . teste willielmo de s. iohanne , waltero & willielmo capellanis , rogero hai , & thoma filio suo , rogero de kaisnei . and a confirmation is there also by william s. iohn of the gift ( that is of the profits receiud by the lord in mony or rent . ) which lay indeed properly in the lessors grant . and therefore also william the lessor had by another charter granted those decimas gabuli to robert , to the same purpose , which he expresses in his deed of consecration to the priorie . the lessor's grant to him , the confirmation and his consecration were enough to setle this tithe-rent in the monasterie . but cleerly this could not haue discharged any former right of tithes in kind payable out of the land. the churches of warberton and bernham and the rest before named with others , were , with the belonging tithes , appropriated to the priorie , but the tithes alone of thadeham and kienor ( which they call chienor ) were by grant from the ancestors of the s. iohns , setled in the priorie and neuer named with any church , as appears in sundrie confirmations of them . so also is decima de liperinges , in the ratification of such grants to them made about that time by iohn and seffrid bishops of chichester and richard bishop of canterburie . of that tithe of liperinges see more within a few lines . sciant praesentes & futuri quod ego richardus de tresgoz filius philippi tresgoz dedi & concessi , & hac praesenti carta mea confirmaui deo & ecclesiae b. mariae de boxgraue , & monachis ibidem deo seruientibus pro salute animae meae & vxoris meae & antecessorum meorum , & vt missa pro anima mea , & vxoris meae , & pro animabus patris & matris meae , & antecessorum meorum , in praedicta ecclesia de boxgraue , ter in vnaquaque septimana celebretur , omnes donationes quas habent de donationibus philippi patris mei & antecessorum meorum tam in terris quam in decimis magnis & minutis , in manerio meo de hamptunete . et insuper dedi & concessi & hoc scripto autentico confirmaui praedictis monachis de boxgraue , omnes minutas decimas de praedicto manerio meo de hantunete , scilicet in agnis , in vitulis , in pullis , in porcis , in aucis , in lanis , in caseis , in pomis , in fructibus , & in omnibus alijs rebus vndecunque decimae sanctae ecclesiae spectant aut prouenire debent tam maiotes videlicet quam minores . et vt haec mea donatio & concessio perpetuae firmitatis robur obtineat eam praesentis scripti testimonio & sigilli mei munimine roboraui . his testibus roberto persona de storhetune , stephano capellano , philippo bernhuse , willielmo picoth , willielmo purcaz , philippo de perham ; & multis alijs . this was in the same time , vnder henrie the second . geffrey of coleuill giues to the priorie decimam de kienore de toto dominio meo in terris cultis & incultis in pomerijs in piscarijs & molendinis in perpetuam & liberam , eleemosynam saluâ tertia portione totius decimae praefatae de dominio meo quae ad ecclesiam de hidlesham pertinet cum tota decima de vilanagio meo . et vt hoc firmiter teneatur , sigillo meo confirmaui hoc scriptum his testibus humfrido de sartill &c. robert of coleuill grants them duas portiones decimae garbarum de toto dominio meo de kienore in perpetuam & liberam eleemosynam ex donatione antecessorum meorum ijs priùs collatam . sciant praesentes & futuri quod ego radulphus de s. georgio & agatha vxor eius & alanus haeres eorum dederunt & concesserum deo & s. mariae & monachis de boxgraue decimam de liparinges in perpetuam eleemosynam quam priùs dederat eis basilia mater ipsius radulphi . et ipsi monachi debent facere habere ecclesiasticum seruitium in ecclesia sua de ichenora vel in capella sua de briddeham hominibus praedicti radulphi morantibus apud liparinges , & in singulis hebdomadis vnum seruitium pro anima basiliae & pro cunctis fidelibus defunctis donec praedictus radulphus vel haeredes sui ibi fecerint quoddam oratorium , in quo vnus de capellanis monachorum faciet praedictum seruitium in hebdomada . testibus ranulpho capellano ricardo capellano de boxgraue , roberto legato , & alijs multis . this was about king iohns time . out of the * chartularie of s. neots or needs in huntingdonshire . omnibus sanctae matris ecclesiae filijs seherus de quincy salutem . sciatis me concessisse & confirmâsse monachis s. neoti decimationes quas antiquitus habuerunt de terra mea in grantesete , s. totam decimationem dominiorum quae fuerunt roberti fafiton in eadem villa tam terrarum quam virgultorum . his testibus &c. a like instrument of confirmation from him , is of two parts of the tithes of suho , and of a third part of the tithes of einseburie , which had been likewise formerly setled by arbitrarie consecration , in the monasterie . this was about the fourth yeer of king iohn , and was confirmd by the bishop of ely. sciant praesentes & futuri , quod ego albinus fafiton concedo & per hanc cartam confirmo deo & ecclesiae s. neoti fratribusque meis , eiusdem ecclesiae monachis , decimam illam quam robertus fafiton auus meus & eustachius pater meus eis dederunt & concesserunt , s. de terris & pecunijs totius dominij mei in grantesete & in suho & in weston duas partes decimae : & iuxta ecclesiam de grantesete vnam mansuram quam pater meus cum eadem decima eis concessit &c. hoc donum factum est anno quo rex angliae henricus secundus duxit exercitum apud tolosam . sciant praesentes & futuri , quod ego galfridus filius suani & hathewis vxor mea & adam filius noster concessimus deo & ecclesiae sancti neoti & monachis becci ( this priorie was a cell of the abbey of bec in normandie ) ibidem deo seruientibus , pro salute nostra , duas partes decimae bladi & omnium rerum quae decimati debent illius hydae terrae in croxton quam tenuit adelwoldus flammangus auus praedictae hathewis , quas ipse dedit ecclesiae s. neoti in perpetuam & liberam eleemosynam . t. &c ego robertus waste concessi deo & s. mariae becci & s. neoto confessori & ecclesiae eius de ernelesberia & monachis qui inibi de seruiunt , duas partes totius decimae meae de wereslai in omni videlicet substantia mea , in segetibus & animalibus vnde decima dari debet , & hoc fieri praecipuè pro anima soeni de essessa & pro salute domini mei roberti filij praedicti soeni qui mihi hanc terram dedit & pro salute gonnor vxoris suae & pro salute mea & vxoris meae & willielmi filij gerei patris sui & pro anima patris mei & matris meae & fratris mei & omnium amicorum & antecessorum meorum &c. this was afterward confirmed by the heires of robert waste . but in the confirmations it appears , that torold waste had also granted it before robert. torold , i thinke , was roberts father , and had granted it about henrie the second his time . in the titles of the deeds there , is carta roberti de ferrers de decimis de benewell . but the charter it selfe is wanting . out of the chartularie of the * hospitall of s. leonards in yorkshire . stephanus rex angliae archiepiscopo eborum , iusticiarijs , vicecomiti , baronibus , ministris & omnibus fidelibus suis eboracshire , salutem . sciatis quia concessi & dedi in perpetuam eleemosynam pro anima regi● henrici 〈◊〉 mei , & pro salute animae meae , & matildis reginae vxoris meae , & eustachij filij mei , & aliorum puerorum meorum deo & hospitali sancti petri eborum omnem decimationem de theloneo villae de thicahilla & omnem decimationem molendinorum eiusdem villae & praeter haec v. bouatas terrae in wlnethuat , & vnam bouatam in campo de bagalaia . quare volo & firmitèr praecipio quod benè & in pace & liberè & quietè & honorificè hanc eleemosynam teneant , quicunque honorem de thicahilla habeat , sicut eleemosynam deo & pauperibus christi in perpetuum datam . teste henrico de essex & adam de belin & willielmo de clarafai apud s. edmundum . but in the bulls of confirmation from diuers popes made to the hospitall , no mention is of these tithes . out of a ms. of constitutions , * charters , and writs , touching the prouince and church of york . ael dei gratia carleolensis episcopus . omnibus sanctae matris ecclesiae fidelibꝰ in christo salutem , & orationem : notum sit omnibus & videntibus & audientibus has literas me dedisse & concessisse decanatui eborum & willielmo decano & omnibus eius in decanatu successoribus decimas molendinorum de pokelinton & de dominio meo & de tota socha . sic enim prouisum fuit & constitutum à rege henrico . constitutum autem & confirmatum est de omni possessione debere decimas dari tam in molendinis quam in rebus alijs , ideoque autoritate apostolicâ & nostrâ per excommunicationis sententiam prohibemus ne aliquis has decimas molendinorum auferre & diminuere praesumat . regia tantùm dignitate excepta , in quam nullam dare praesumimus sententiam . valete . this ael is aethelulph , the first bishop of carleol , confessor to henrie the first , who first made it a bishoprique in m.c.xxxii . out of old charters remaining in the hands of that noble knight sir robert cotton . r. dei gratia cicestrensis episcopus g. decano caeterisque fidelibus sanctae ecclesiae salutem & benedictionem . sciatis me concessisse brunkino de hasting dare decimam suam totam de dominio suo de terra quam ipse tenet in marisco de penensel deo & ecclesiae sancti martini de bello ( to the abbey of battell ) pro anima sua & omnium parentum suorum salute . concedo etiam hanc decimam & omnes alias decimas quas ipsi monachi de bello habent in parochia mea quatenùs eas liberè & quietè teneant & possideant imperpetuum absque omni molestia ; videlicet nominatìm decimam vulwini de henam , decimam sewini de glutintune , decimam lewini de badeherste , decimam quam parochiani ecclesiae sanctae mariae de bello dant de nedrefelde , decimam quam ailricus de ora dat , decimam de helinfalde quam ipsi parochiani sanctae mariae de bello dant , decimam de boccholte , & decimam de bromham quam ailwi & aethelida dederunt cum filio suo benedicto quando effectus est monachus absque omni calumnia in perpetuum tenendam . similitèr etiam & omnes ecclesias & decimas quae eidem ecclesiae datae sunt , vel quas eadem ecclesia & monachi tenent in parochia mea vt eas liberè & quietè teneant episcopali autoritate confirmo . vnde vobis & omnibus successoribus vestris & omnibus christi fidelibus me eis inde aliquam molestiam , vi , aut venditione , vel qualibet occasione faciatis , super anathematis vinculo defendo . t. henrico archidiacono , rad. capellano , calone cantore . neither the whole name of the bishop , nor the date , are found in the instrument . but it appears by the hand , and that r. designing the name , to be of the time of henrie the first , and made by ralf then bishop of chichester . in a deed of william earle of warren and surry , made in the time of king stephen to the priorie of lewes in sussex , after some immunities giuen them in all lands which they held of his fee , this grant follows : dono etiam illis de omnibus dominijs meis plenariam decimam , videlicet , de blado , de foeno , de agnis , de velleribus , de caseis , & plenariam decimam denariorum de omnibus redditibus meis de anglia . quamuis autem ex illis denarijs in procuratione mea siue aliorum quorumlibet expendatur , ex illis tamen plenaria supradictis monachis reddatur decima . et si dominium meum aut redditus mei creuerint , eotenùs crescat & decima monachorum . haec supradicta ego pro salute animae meae & pro animabus antecessorum meorum praedictis monachis concessi & hac mea praesenti carta confirmaui quando feci dedicari ecclesiam sancti pancratij ( that is , the priorie of lewes ) & de decima denariorum de omnibus redditibus meis de anglia dotaui ipsam ecclesiam , & inde seisiui eam per capillos capitis mei & fratris mei radulphi de warenna , quos abscidit cum cultello de capitibus nostris ante altare henricus episcopus wintoniensis . teste teobaldo archiepiscopo cantuariensi , henrico episcopo wintoniensi , rodberto episcopo bath . ascelino episcopo rouecestr . qui eandem ecclesiam dedicauerunt , & teste edwardo abbate rading , waltero abbate de bello , waltero priore cantuariensi , w ... archidiacono cant. richardo decano cicestr . rodberto archidiacono , iohanne de pagham , willielmo comite cicestr . rad. de warrenna , reg. de war. hugone de petrep . radulpho de pleiz , rodberto de wesneuall , rodberto de frieuill , rodberto de petrep . willielmo de petrep . adam de puninges , guidone de mercecurt , willielmo filio suo , willielmo de droseio the intent of this was to setle the tithes of all his reuenues wheresoeuer through england , in the priorie . in kind , of his demesnes ; in mony , of his rents . neither did he grant only the tithe of what he then was seised of , but of all future purchase also and improuements . that liuerie of seisin , as it were , made vpon the altar by the haire of the head both of the grantor and of his brother , is not without other example of those ancient times wherin both tithes a and other possessions were solemnly consecrated , either by haire , or a horn , or a cup , or a knife , or a candlestick , or whateuer that might really be deliuered on the altar . for , the forme of conueiance in perpetuall right , both to the church and laitie , was to giue into b the hands of the grantee or feoffee some such thing , as at this day a twig or a turff is in feoffments . or as in institutions ( according to the formularie of the court of rome ) a ring is to be giuen . and the altar was vsually made the place of such a liuerie . but in the examples of cutting the haire especially in this where henrie bishop of winchester doth it , perhaps more was vnderstood then only a liuerie vpon the grant . had it not also some reference to the ancient ceremonie of cutting the haire at a confirmation ? which was vsually done by the godfathers , as may be collected out of that of adreuald , where c he speaking of charles martell , saies , that pepigit hic foedus cum luitprando , eique filium suum pipinum misit vt more christianorum fidelium eius capillum primus attonderet , ac pater illi spiritualis existeret . i dare affirm nothing with confidence herein . but it is specially obseruable that this charter of the earle of surrey was not , it seems , made without great aduice as well as testimonie , both of clergie and laymen . wherto you may adde the iudgement of theobald archbishop of canterburie , in his reprehension of ala , countesse dowager of warren and surrey , for not payment of the tithes of her dowrie according to the grants of the ancestors of her husband . the original of the admonition to her , speaks thus : d t. dei gratia cantuariensis archiepiscopus anglorum primas & apostolicae sedis legatus . dilectae filiae suae alae , comitissae warennae salutem . peruenit ad aures nostras religiosorum fratrum lewensis ecclesiae monachorum , stupenda querimonia quam cum ipsi ex antiqua donatione comitum warrennae , videlicet aui & patris willielmi viri tui , & sui ipsius etiam antequam dotem tuam consecuta fuisses , de omnibus dominijs comitis decimationem denariorum semper inconcusse , tanquam ecclesiae suae dotem possederint , tu , post perceptam dotis tuae inuestituram , eiusdem fratribus ipsam decimationem , quae ad dotem tuam spectabat , subtraxeris . quod si ita est , vehementèr admiramur cum eorum quae deo & ecclesiae suae in eleëmosynam collata esse noscuntur nihil doti tuae vendicare debeas nec possis . crudelen . est & sacrilegio proximum quod super diuinum altare semel deuote oblatum est iterùm repetere , & ad secularia transferre . proindè tibi salubritèr consulimus , & in domino admonemus quatenus sicut vis ius tuum tibi à deo liberè conseruari , ita ius suum cum integritate monachis relinquas . & nullatenus datam eis denariorum decimationem dotis tuae retineas ; alioquin eis in iustitia deesse non poterimus , cuius debitores omnibus existimꝰ . although he speaks only of the decimatio denariorum , yet in regard that he mentions it with de omnibus dominijs comitis , it cannot be well vnderstood otherwise then of all the tithes of the earles possessions , according to the former grant . richard de muchegros about king iohns time , confirms to the abbey of persore two parts of the tithes which was wont to be paid to it out of his land of wlhaueshulle , tam bladi quam lini & faeni ( exceptis linis curtilagij mei de dominico meo de wlhaueshulle ) as also the third part of the tithes of his tenants there , and further grants them duas partes decimarum bladi de omnibus assartis meis ibidem de nouo factis & de omnibus assartis per me vel per haeredes meos in posterum faciendis &c. this is sealed . the seale is circumscribed with ✚ . s. richardi de wlhaueshule . w. prior of lewes in sussex giues in . hen. . foreuer to the priorie of southwark , decimas quas habuimus de dominico henrici de holeghe apud reygate , reseruing yeerly two shillings and six pence to be paid for them to the sacristein of the priorie of lewes . how could this tithe haue been in the prior of lewes to haue granted , without a precedent consecration from holeghe , or some other , from whom he had deriud his estate ? willielmus dei gratia wintoniensis episcopus , stephano archidiacono , & omni clero surreiae , & baronibus , salu●em & benedictionem . notum sit vobis quod siwardu● de ealdestede venit , me praesente ad sudwerchiam , ibique super altare diuina praeuentus gratia obtulit decimam de hludebrake deo & eiiusdem genitrici & virgini mariae , & canonicis ibidem deo seruientibus perpetualitèr , & hoc meo consensu . quare iubeo ex parte dei & mea ne quis eam retineat vel ab eadem loco auferat , vel possidentes illam perturbet si quis vero citra hoc praeceptum quicquam inde facere praesumpserit , perpetuo anathemate feriatur . cuius rei testes isti sunt henricus de twin , stephanus archidiaconus , liuingus de coleces canonicus , rogerus canonicus , helias dapifer , iohannes capellanꝰ , richerius , vitalis de wicford , gozo clericus de micheam , oswardus monetarius , walchelinus . this was in the time of henrie the first , vvilliam giffard being then bishop of winchester . the seale remains to it . vvillielmo dei gratia norwicensi episcopo , archidiaconisque suis de sudfolc , omnibusque sanctae matris ecclesiae filijs , galfridu● filius roberti & vxor sua anneis in domino salutem . sciatis nos concessisse ecclesiae apostolorum petri & pauli de gipeswico , & canonicis regularibus ibidem deo seruientibus in perpetuâ ●lcëmosynâ decimam molendini de hagenford , scilicet viii . solidos annu●●im , duos ad natiuitatem domini , duos ad pascha , duos ad festiuitatem s. iohannis , duos ad festiuitatem sancti michaelis , & dimidiam marcam argenti de fachendune , & decimam foeni , & omnia quae habent infra villam de broches , & extra ad eam pertinentia tam in terris quam in decimis & redditibus , & in omnibus libertatibus datis praedictis ecclesiae à praedecessoribus & parentibus nostris &c. vnder king stephen it was made ; and hath a seale annext . out of an originall charter of k. stephens , made to the priorie of eye in suffolk . it was in the hands of that learned and honorable the l. william howard . i had the vse of it through the courtesie of that noble knight sr. robert cotton . quoniam , diuinâ misericordiâ prouidente , cognouimus esse dispositum , & longe lateque praedicante ecclesia , sonat omnium auribus divulgatum , quod eleëmosynarum largitione possunt absolui vincula peccatorum , & adquiri coelestium praemia gaudiorum : ego ✚ stephanus dei gratia anglorum rex , partem habere volens cum illis qui foelici commercio coelestia pro terrenis commutant , dei amore compunctus ; & pro salute animae meae ✚ & patris mei , matrisque meae , & omnium parentum meorum ✚ & antecessorum meorum regum ✚ willielmi scilicet regis aui mei ✚ , & willielmi regis avunculi mei ✚ & henrici regis avunculi mei , ✚ & rotberti malet , & con●ilio baronum meorum , concedo deo & ecclesiae sancti petri de eia & monachis ibidem in deo seruitio congregatis , vt habeant omnes res suas quietas & liberas ab omni exactione , & teneant eas in terris , in decimis , in ecclesijs , in omnibus possessionibꝰ sicut vnquam melius & honorabilius tenuerunt tempore rotberti malet , & tempore meo antequam rex essem ; cum soca vel saca , & tol & tiem & infanganathief . ✚ praecipio etiam vt teneant de quocunque tenebant ( & non mittantur in placitum ) sicut tenebant die quam henricus rex fuit vivus & mortuus , & die qua ad regni coronam perueni . sit etiam ipsa ecclesia in meo dominio cum rebus subscriptis . concedo ecclesiam de holesle , de dineuet . de bordenis , de suttun , de stadebroc , de wingefel ; et mercatum & theloneum de oreford ; praeter nauium quae pertinent ad firmam de donerou * ꝓꝑ ✚ xxx . fol. ecclesiam ipsam vbi monachi habitant cum terris suis ; decimam de eia , duodecim solidos de foro , vnam feriam per quatuor dies ad festum sancti petri kalendas augusti , nullusque in feria habeat potestatem nisi monachi & homines eorum , & omnes illuc venientes & indè redeuntes habeant meam firmam pacem , nullusque eos in aliquo disturbet super x. libras forisfacturae . ✚ habeat etiam ecclesia eandem libertatem de episcopo , de archidiacono , de decano , quam habuit à tempore regis eadwardi , & à tempore eadrici de lexefelda & regis h. ✚ sitque de priore ponendo & remouendo sicut cōstitutum fuit in tempore rotberti malet . ✚ habeat etiam omnes decimas de manerijs sicut habuit in tempore rotberti malet , scilicet de eia , stedebroc , radingefeldia , dineuet . tatinget . bedingham , keleton , olesleia , leest . donewic , lessefeld , bergebi , willeburn , seggebroc . colum. caue . ✚ concedo etiam ecclesias has , de beweseia , seggebroc , bergebi , & ecclesias de donewico , quae factae sunt & faciendae . de bedingeham , lessefeld & presbyterum eiusdē villae , & de omnibus meis siluis decimam pasnagij . piscariam etiam de wells . atque totam bedefeldiam , storas , pelecoc , frasingefeld . hoc etiam terrae quod habebant tempore rotberti malet . in bedingeham , & omnia inconcussè teneant . concedo etiam ecclesiam sancti botulfi de ica cum appendicijs suis quam dedit willielmus de rouill , & beatrix vxor eius , & terram godem . de iakl . & ea quae habebant in donewico eodem rotberto viuente . ✚ . horum igitur supradictorum socam & sacam in omnibus concedo , & nominatim in donewico & decimas meorum hominum ; walteri scilicet arbalestarij , & ecclesiam sancti margaretae de halgestowe , & terram quae ei pertinet . decimam quoque rogeri filij walteri de huntingefeld , & de benges , ricardi houeell de wiuerdest , de geslingesh , richingehal , reindun ; decimam hugonis de aluilario in brom , & in selfhangers , & hoc quod alwinꝰ presbyter tenet de eo in beria . decimam willielmi de rouilla in clakestorp , & in glemeham , & de xxx . acris quas tenet willielmus bole de feudo comitis brittanniae ; decimam willielmi gulafri vnchennel ; decimam petri de bedingefeld ; decimam de pleeford , & ecclesiam villae & aluricum delfen cum sua terra ; decimam hernaldi filij regeri in witingeham & ascheton ; terram osberti de crateuill in acolt , & hoc quod benedictus capellanus tenebat de rotberto malato in decimis , & rebus alijs ; decimam will. de pesenhale ; decimam iordani de wilebehe ; v. fol de pentenhahe , quos will. de rouilla dedit ; iii. solidatas quas tenet iohannes filius rotberti ; terram alwini filij wulstan in bedefeld ; vii . solidatas quas tenet wulmer presbyter de codenham ; decimam hunfridi filij vnuei . decimam radulfi grossi de gretinges . xii . solid . de aquitantia in aldefen ; terram wulmari in akesleia ; et , praeter haec supradicta , concedo eis quod decima eorum de donewico crescat quoque anno in denar . & hareng . & in omnibus alijs rebus secundum hoc quod redditus mei ibidem crescent . teste nig. eliensi episcopo , & roger. cancellar . henrico nepote regis stephani ; galer . com. de mell. rotberto filio rich. will. mart. adam de beln . iohan. maresc . hubert . demunc . iohan. filio rotb . vicecom . gauffred fil . vvalt . vvill. fil . rog. heru . de glauill . rich. de alenc . roger de hosa . anno ab incarnatione domini m.c.xxxvii . apud eia secundo anno regni mei , in tempore ebrardi episcopi norwicensis , & gausleni prioris eie . ipse rex subscripsit . eustachius filius eius subscripsit . matildis regina subscripsit . vvilliemus cantuariensis archiepiscopus subscripsit . turstanus eboracensis archiepiscopus subscripsit . alexander lincoln . episcop . subscripsit . henricus vvinton episcopus subscripsit . iohannes roffensis episcopus subscripsit . eurardus norwicensis episcopus simo wigornens . episcopo subscripserunt . rotbert . herefordens . episcopus & rotbert . badonens . episcopus , & gislebertus lundonens . episcopus subscripserunt . quicunque aliquid de his quae in hac carta continentur auferre aut minuere , aut disturbare scientèr voluerint , autoritate domini omnipotentis patris & filij & spiritus sancti & sanctorum apostolorum & omnium sanctorum sit excommunicatus , anathematizatus , & a consortio domini & liminibus sanctae ecclesiae sequestratus donec resipiscat & regiae potestati xxx . libras auri persoluat : fiat . fiat . fiat : amen . amen . amen . it is the fairest hand and largest charter that euer i saw of that age , and the seale is yet hanging to it . and in a roll * of the benefactors of that monasterie , verie manie are mentioned for their donors of tithes , or two parts , or third parts , of diuers mannors . out of the cartae antiquae among the records of the tower of london . when king henrie the second , and pope alexander the third , dissolued a the number of the nunnes of ambresburie in wiltshire ( by reason of their vnchastitie ) and filld the nunnerie with others out of those of font-euerard in normandie , diuers churches and parishes were annext , by grant and confirmation , to the new companie , and also tithes seuerally , as deeima de fortesbiria , & de wadhulla &c. & manerium de etona cum decima de dominio & medietate decimae rusticorum , & manerium de chelstamstona , cum decima eiusdem manerij &c. & decimam de ingafelot & de godingeflot , cum omni iure parochiali & decima de hamsteda , cum omni iure parochiali . and diuers other such . henrie the second grants and confirmes to the monks b of thetford in norfolke , decimam de bradleia , decimam de offitona , decimam de florendona , decimam de moledona , and manie other such , without mention of churches or chappels with them ; yet in the same charter , diuers churches of other places are by themselues conueyed or confirmed . william the first giues to the church of c westminster , decimam de wic de eadem parte quae ad me pertinebat atque iterùm reddidi eandem partem eis iniustè ablatam quam r. edwardus antea dederat . then seuerally follows diuers appropriations of churches . this was in the second of his raigne . henrie the second giues to the church of sarum d diuers churches with tithes , and among them , ecclesiam de durneforda cum terris & decimis quas walterus filius richardi & , isabella de toeni & reliqui aduocati eiusdem ecclesiae ei dederunt . & omnes decimas & de noua foresta , & de panetot , & de bucholt , & de andeuera , & de husburna , & omnibus forestis meis de wilteshire & de dorseta , & de berkshire , de omnibus rebus scilicet de firma , de pasnagio , de herbagio , de vaccis , de caseis , de porcis , de equabus & omnes decimas de omni venatione praedictarum forestarum excepta decima illius venationis quae capta fuerit cum stabilia in foresta de windleshora &c. what the bishop had yeerly , by reason of this grant , may be seen in rot. claus. . hen. . membran . . and for grants from the kings of the tithe of venison , other examples are obuious , as of the forests of essex to the bishop of e london , by king iohn , and of others anciently , of the f tithe of the venison taken in the forests in northamptonshire , to the abbot of burie ; to omit that of henrie the first , his grant of the tithe of all his venison taken in yorkeshire , to the abbot of york , which occurres in the g eire of the forest of pickering . in a charter of henrie the first , many tithes are granted and confirmed to the priorie of mountague h in somersetshire , as duae partes decimarum de atford , decima de crimoc , & medietas decimorum de ciselberg , de clafford , de northon iuxta taunton , & decimae dominij de merston , & de hetecumb , de candel , de torp , de cernel , item de cernel , & de tertio cernel &c. henrie the first graunted i to the canons of cambridge , decimas de dominio meo de cantebrigia & ecclesiam s. egidij &c. about . hen. . manasses arsio k renewd his charter to the abbey of fischamp in normandie , and gaue them apud sobrinton de suo dominio duas garbas decimae suae , and so in diuers other mannors . dedit & decimas de cunctis denarijs suis & de pullis equarum suarum , de vitulis , de ouibus , de caseis , de lana & decimas de omnibus rebus suis , & decimas de omnibus hominibus supradictarum villarum . all which , was confirmed by the king. it seemes , that in decimas de omnibus rebus the corne was excepted , according to the first limitation of his grant. ii. to these might he added more out of the rolls l especially of exemplifications or confirmations . but the store is large that is alreadie deliuered . and to conclude it , obserue this most notable testimonie in a writ of the register and in fitzherbert , that had reference to the common vse of those arbitrarie grants out of demesne lands at the owners pleasure , without vnderstanding of which vse , i shall doubt no man throughly vnderstands the writ , nor the true ground of any writ de aduocatione decimarum . it is a singular example , and , as i remember , not seconded or specially noted elsewhere in our law books ; and therefore i transcribe it whole . rex m tali iudici salutem . monstrauit nobis venerabilis pater h. lincolniensis episcopus quod cum i. praecentor ecclesiae beatae mariae lincoln . teneat de dono suo omnes decimas dominicarum terrarum suarum vel dominici sui de n. quas idem episcopus & praedecessores sui episcopi loci praedicti liberè conferre consueuerunt : prior beatae katharinae extra lincoln . clamans decimas illas pertinere ad ecclesiam suam de b. trahit eum inde in placitum &c. et quia placitum praedictum tangit coronam & dignitatem nostram ; praesertim cum collatio earundem decimarum ad nos possit deuolui ratione custodiae vel escaetae , quia etiam consimiles decimas conferimus in quibusdam dominicis , & similiter quamplures magnates regni nostri in dominicis suis , vobis prohibemus ne placitum illud teneatis in curia christianitatis , nec aliquid quod in derogationem regiae dignitatis nostrae cedere valeat , in hac parte attentetis seu per alios attentari faciatis quouismodo . teste &c. what can the intent of this be other , then that the bishop , the king , and manie other grandes of the kingdome , did vsually grant or collate the tithes of their demesnes ; which , because they were so grantable at the owners will , were ( by the meaning of this writ ) exempted from the spirituall iurisdiction . but thereof more anon . perhaps the writ is immediatly to be vnderstood of tithes collated in like sort as a church ; so that he which collated them , had aduocationem decimarum ( which appeares also in the register ) as any other conferring a church , had ecclesiae aduocationem . if not so ; whence could the collation of these tithes haue originall , sauing only from the making them seuerally a kind of benefice ( vnder the name of decimae seperatae , that is , annext to no church , as the marginall note in the register well calls them ) by arbitrarie grant at first of the owner , no otherwise then a church was made a benefice to be bestowd , by the arbitrarie ordinance of the patron , at the foundation ? cleerly , had not the vse of conueyance of tithes seuerally by grant , preceded in practice , it could not haue been , that quamplures magnate regni ( as the writ sayes ) might decimas liberè conferre in dominicis suis. tithes alone could neuer haue been collated like a benefice , had they not been first founded or created as a benefice . and the writ might seeme indeed to beare euen the character of the time wherein that vse of arbitrarie grants of tithes was known , as of common practice ; which i vnderstand to be about king iohns time ; and that , before the popes decretalls , or other autoritie , had taken away the lay-mens challenged libertie of granting tithes seuerally , according to the former example . and the rather might that coniecture hold , because also the sigle expressing the bishops name , is h. which by all likelyhood denotes hugh archdeacon of wells , being l. chancellor to king iohn , and bishop of lincolne . but it may be also , that it was had of later time , and at the suit of henrie of lexinton , made bishop of lincolne in . hen. . and that , after parochiall right was more setled . for notwithstanding the setling of it , and making tithes then payable de iure communi to the parish-rector , yet it is certaine , that the former grants ( what through generall confirmations from rome , what through the lay mens standing vpon their patronages of tithes , and vpon the grantees acknowledgement of their first deuotions in such consecrations ) still continued , and were subiect ( in case the aduocatio decimarum might come in question ) to such a prohibition , vntill some alteration was therein made , as anon shall be shewed , where wee speake of the ancient vse of the writ of indicauit . but of what time soeuer the writ was , it is plain , that the ground of it must come from that vse of arbitrarie consecrations of tithes , which seuerally also ( as in it is supposed ) made sometimes a kind of benefices that might be collated at the will of those who were owners of the land whence the tithes were payable . how could tithes seuerally be collated by any grandes , but from such originall examples as are alreadie copiously deliuered ? a like n precedent of a prohibition i haue seen . ed. . which because it so confirms the ancient purpose of that in the register , shall be here at large deliuered . edwardus &c. archidiacono wilteshyr . & eius commissarijs salutem . cum dilecti nobis in christo abbas & conuentus de osney ex collatione progenitorum nostrorum regum angliae percipiant & percipi debeant , & ipsi & praedecessores à tempore collationis illius semper hucusque percipere consueuerint duas partes decimae garbarum prouenientium de dominicis terris edmundi comitis cornubiae in harewell , & quorundam tenentium suorum eiusdem villae in subuentionem sustentationis capellanorum & clericorum in libera capella nostra s. georgij in castro nostro oxoniae ministrantium , rogerus de draytona persona ecclesiae praedictae villae de harewell , clamans praedictas duas partes ad eandem ecclesiam suam pertinere trahit ipsos abbatem , & conuentum inde in placitum coram vobis in curia christianitatis , sicut ex relatu plurium accepimus . quia verò praedictum placitum tangit nos & coronam nostram & dignitatem , maximè cum ▪ consimiles decimas in pluribus dominicis nostris conferamus , & etiam plures magnates regni nostri consimiles decimas , quarum collatio ad nos ratione custodiae deuolui solet , similiter conferant in dominicis suis , & etiam quia cognitio super iure patronatus huiusmodi decimarum ad curiam nostram pertinet ; tibi vel vobis prohibemus ne placitum illud teneatis in curia christianitatis . t. meipso apud wodestoke octauo die febr. anno regni nostri septimo . here is plainly vnderstood whole benefices of only tithes , to be collated by the king and diuers of his baronage . as the tithes of the kings garden in windesore are in o record , collated by henrie the third ; and other like sometimes occur . neither is that canon of the councell of westminster held vnder hubert archbishop of canterburie , in . iohan. r. from any other originall to be interpreted , then from those common conueiances and grants of tithes and church liuings generally by lay men to monasteries . the words are , p lateranensis concilij q tenore perpenso decernimꝰ ne fratres templi , vel hospitalis , siue quicunque alij religiosi ecclesias vel decimas , vel alia beneficia ecclesiastica , sine episcopali autoritate de manu laica recipiant , dimissis etiam quas contra tenorem istam moderno tempore receperant &c. for howeuer , that in the councell of lateran , be interpreted ( i enquire not how well ) of tithes only infeodated r into lay hands ; yet in this kingdom , where those infeodations were not , or were very rare ( whereof anon more ) how can it be well vnderstood but of new grants or arbitrarie consecrations of tithes as well not before in esse , as of others conueid by inuestiture of churches . but touching those conueiances of tithes by lay men , see more in the xiii . chapter where we speake of infeodations . iii. out of those examples of conueiances and arbitrarie consecrations of tithes ( being but a few , and as an essay only of the multitude of them , which might be found in the lieger books of other monasteries ) may easily be collected , the truth of those assertions in the old yeer books , which haue , without desert , been taken for falshoods grounded only vpon ignorance . by the practiced law , cleerly euery man gaue the perpetuall right of his tithes to what church he would , although the canon law were against it ; whereof also notice , it seems , is sometimes taken in those conueiances which haue the words of quae decimari debent , as if they had said , tithes of all things which by the canon law ought to be tithed , or , quae decimari debent more catholico , as the words are in a charter b of about henrie the seconds time , of gilbert one of the earles of hertford , to the priorie of s. marie oueries in southwark of the tithes of capefeld . and it is like enough , that according to the recitalls of those decretalls noted in the former chapter , in some places deuotion had bred an obedience to the canons in this point ; but , that it was generall through the kingdome , is most false . and whateuer the pope wrote from rome , we know the truth by a cloud of home-bred witnesses . but also those words , decimari debent or solent , so often occurring , may be vnderstood of such things as vsed to be tithed when tithes were arbitrarily paid , as among the gentiles , or christians , he that offers de ijs quae offerri solent , intimates not so much any necessarie dutie acknowledged by him , as a custome of offering such things , when offrings were arbitrarily made . and although in the book of domesday it be specially found of one stori an ancestor of walter of aincurt , that he might sine alicuius licentia facere ecclesiam ( in darby and notinghamshire ) in sua terra & in sua soca , & suam decimam mittere quo vellet , as if it had been his singular prerogatiue , in his possessions of graneby , mortune , pinnesleg , and other mannors ; yet was that libertie or prerogatiue aswell of building churches as arbitrarie conueiance of tithes not alreadie consecrated either by deed or prescription , common , it seems , to all lords of mannors or large territories , vntill about the time of k. iohn . for that of tithes ; the examples and autorities before cited iustifie it . for the building of churches ( which considered with the arbitrarie endowments of them with new tithes , specially belongs also to this disquisition ) it was affirmd for a common libertie of the baronage in letters of king iohn to innocent the third , as you may see in the popes answer to the king. s quod enim de consuetudine regni anglorum ( saies the pope to him ) procedere regia serenitas per suas literas intimauit , vt liceat tàm episcopis quàm comitibus & baronibus ecclesias in feudo suo fundare ; laicis quidem principibus id licere nullatenùs denegamus , dummodo dioecesani episcopi eis suffragetur assensus , & per nouam structuram veterum ecclesiarum iustitia non laedatur . it was challenged without licence ; but the pope allows it to the laitie , so that they had licence from the bishop of the diocese , and withall that the new foundations bereaued not ancient churches of their assigned endowments . but after the time of k. iohn , few or none of those arbitrarie consecrations are found . yet in henry the thirds time some were , as you may see in those of fines taken out of the chartularie of gisburn . but remember also they were in the prouince of yorke . neither were those grants disallowd by either common or canon law here then practiced . and in thoses t cases of tithes that occur among the epistles of iohn of salisbury , who liued in time of henry the second , no title is made meerly by parochiall right ; but prescription or consecration are the grounds whereupon they are demanded . and whereas in the case of robert wnegot before adelelm archdeacon of dorchester , the question was there , super quibusdam parochianis & decimis , and the actor produced testimonie that he had formerly recouered ius parochiale quod petebat cum decimis ; it is cleer that the tithes were not recouered iure communi as they are at this day belonging to the parish-rector , but by speciall title of consecration or prescription . and the ius parochiale there , was the right of hauing the cure and offerings of the parishioners , which had not necessarily annext to it the right of tithes by the practice of that time . whence it came that parochiani & decimae are both there mentioned as seuerall demands in the actors libell . and hereof see more anon in the corollarie of the ancient iurisdiction of tithes in england . and that admonition of theobald archbishop of canterbury ( before cited ) to ala countesse of warren , is obseruable . is it not apparant that he allows not only the arbitrarie consecrations made by the earles , but also reprehends her sharply for not performing what they had therein vowed ? but in the ensuing times , after that the canon law had here gained greater strength , which happend soon vpon innocent the third his thundering out his interdict against this kingdom , his excommunication against the king , and frighting the subiects with his bulls stufft with commination , and that against this very point of arbitrarie conueiances of tithes ; it soon came to be a receiud law , that all lands regularly were to pay tithes to the parish or mother church according to the prouision of the canons . and therefore vpon delegation made by pope innocent the fourth in . hen. . to the priors of s. trinitie , and s. bartholomew in london , and the archdeacon of westminster for the deciding of a controuersie twixt the abbesse and nunnes of chartris by ely , and robert passelew archdeacon of lewes , about some tithes of the possession of the nunnerie in barington , it appears that in passelews libell , no other title is made , but that the land lies infra limites parochiae suae de barenton , vnde petit dictam abbatissam compelli integrè ad solutionem dictarum decimarum cum damnis & interesse &c. and some others like are of that time according to the law that to this day continues , as may especially be found in the books of u pipewell and osney . that example is in the chartularie of that nunnerie , composed by the cost and pains of agnes aschefeld ▪ abbesse there , and henry bukworth bachiler of the canon law , about the time of henry the sixt . you may adde to the confirmation of this ending of the ancienter course of arbitrarie consecrations , and the later establishing of parochiall right in tithes , that of the english * monks before cited touching the generall councell of lions , held in ed. . i doubt not but that parochiall right was long before for the most part setled ; but it is not likely that they had so confidently affirmed such a continuing libertie of conueiance of tithes at the owners will , had they not known that vntill about the preceding ages at least , it had been in common practice both of fact and positiue law , especially in this kingdom where they liued . whether this petition in parliament of . ed. . x may giue any light to that assertion of theirs , i know not . nicholas of crainford , parson of gilingham , complaind to the king , quod cum foresta domini regis , ibidem sita , sit infra parochiam suam , quod dominus rex decimam faeni , venationis , pannagij , & aliorum prouentuum ipsius forestae de gratia & pro salute animae suae , & animarum praedecessorum suorum , ecclesiae suae cui de iure communi debentur plenè solui praecipiat , secundum formam supplicationis & exhortationis apostolicae porrectam dominio r. apud gilingham quando fuit ibi ad natale . what was that supplicatio or exhortatio apostolica ? did not some such thing , comming from rome about the time of the councell of lions , make the monks think it a thing agreed vpon in that councell ? it seems here too , that in the kings case , parochiall right of tithes was not yet euery where setled , although the tithes were encreasing in a parish . iv. after this establishment of parochiall right , new arbitrarie conueiances out of lands lying in any parish , were not permitted , but ancient consecrations were still retained , and had confirmation either from prescription or papall priuilege which were , by the canons , sufficient titles to be pleaded against the common right claimed by parish rectors . and when this innouation grew in parochiall right , then also the iurisdiction which the common or secular law had formerly challenged and exercised in detaining the right of tithes ( between the parish and parishioner ) grew out of vse ; and the legall proceeding became to be regularly according to the canons which brought the practice to be as since it hath continued . but of the ancient iurisdiction more anon . so was it now come to that passe , that no new arbitrarie consecrations might be made of the tithes of lands lying in any parish . but yet for such lands as were not parochially limited , the ancient libertie was retained . and although by the canon law the bishop is to haue all tithes growing in lands not assigned to any y parish within his diocese , yet in the moniments of the common laws such tithes growing in lands of the crown , are at the arbitrarie disposition of the king. such places haue z been and ( i think ) are in diuers forests . and hereof saies thorp in . assis. pl. . il soleit estre ley quant il auer certane place qui fuit hors de chescun paroche come en englewode , & huiusmodi , en tel case le roy ad & doit auer les dismes de cest place ( & nient l' euesque de lieu ) a granter a que luy plest . and relates further that the archbishop that yeer made suit to the councell , to haue had such tithes . but , vnder fauor this was vnderstood only of the kings granting the tithes of his demesnes occupied by his bailifes according as in ancient time euery man els did . for whateuer the words seeme to import , thorp speaks only of such lands of the possession of the crown ; in which case , it must not perhaps be vnderstood so much , a part of the royall prerogatiue as a right due to the king by common law , in regard of his possession of lands not limited to any parish . neither doth he affirm that tithes of such places are due to be paid to the crown , but that they are in the king to grant at his pleasure , if growing in his demesnes . but to this purpose is a notable case in the parliament rolls of * . ed. . where ralph bishop of carleol petit versus ecclesiae priorem de karliel decimas duarum placearum terrae , of the new assarts in the forest of inglewood , whereof the one is called linthwait , the other kirkthwait , quae sunt infra limites parochiae ecclesiae suae de aspaterike &c. and laies by praescription in his predecessors the tithes of the pannage there , before the assarting or culture . henrie of burton also , parson of thoresby , claimed in parliament the same tithes as belonging to his church , and infra limites parochiae suae . and the prior comes & saies , that henricꝰ rex vetus ( henrie the first , it seems ) concessit deo & ecclesiae suae beatae mariae karliel omnes decimas de omnibus terris quas in culturam redigeret infra forestam , & inde eos feoffauit per quoddam cornu eburneum quod dedit ecclesiae suae praedictae &c. whereupon the kings attorney , dicit quod decimae praedictae pertinent ad regem & non ad alium , quia sunt infra bundas forestae de inglewood , & quod rex in foresta sua praedicta potest villas aedificare , ecclesias construere , terras assartare , & ecclesias illas cum decimis terrarum illarum pro voluntate sua cuicunque voluerit conferre , eò quod foresta illa non est infra limites alicuius parochiae &c. et petit quod decimae illae domino regi remaneant prout de iure debent ratione praedicta &c. et quia dominus rex super praemissis vult certiorari , vt vnicuique tribuatur quod suum est . william of vesci , iustice of the forest beyond trent , and thomas of normanuill , his escheator for those parts ( for so was the diuision anciently of escheatorships ) were assigned commissioners to enquire of the truth , & certificent regem ad proximum parlamentum &c. so are the words of the record . where the attorney challenges not the right by prerogatiue , but only in regard that the place being the demesne land of the crowne ; & not assigned to any parish , the tithes are grantable by the king , as owner , at his pleasure . and so it well agrees both with that liberty challenged by king iohn in the name of his baronage , that they might found new churches at their pleasure in their owne fees ( before the establishment of parochiall right in tithes ) as also with the more ancient practice of the kingdom , whereby tithes might not be parochially exacted , nor were so reputed due , but by the owners arbitrarily conueyed in perpetuall right . and whereas herle , in . ed. . fol. . a. sayes generally , that no man might arbitrarily giue his tithes that are not within parochiall limits , but that the bishop of the diocesse should haue them . it seems , he spake suddenly , as out of the canon law , and not according to the law of england . and hee addes , that it is against reason , que home ne purra my granter ses almoignes a que il vouldra . and but * two yeeres before that of herle , it was adiudged in the kings bench , quod de decimis grossis priori de carleol & praedecessoribus suis de dominicis domini regis infra forestam de inglewood prouenientibus & extra quaruncunque parochiarum limites existentibus per cartam progenitorum domini regis nunc concessis , & per cartam ipsius d. r. nunc confirmatis , &c. a prohibition should be granted against the bishop of carleol , that claymed them . it was vpon a record sent thither out of the parlament , as in the roll appeares largely . and edward the first gaue such tithes of the forest of dene , as encreased not within any parish to the bishop of landaff , by which title the bishop afterward * claymed them ; and no question was of that point . but for common or waste ground , the parish whereof is not known , the statute of . ed. . hath giuen the tithe cattell therein depasturing , to the church within whose parish the owner dwelleth . cap. xii . i. appropriations and collations of tithes with churches . the corporations to which the appropriations were made , presented , for the most part , vicars . thence the most of perpetuall vicarages . ii. how churches and tithes by appropriation were anciently conueyed from lay-patrons . the vse of inuestitures , practiced by lay-patrons . iii. grants of rents or annuities by patrons only , out of their churches . of the bishops assent . more of inuestitures . a writ to the archdeacon anciently sometime sent vpon recouerie of a presentment . iv. of haereditarie succession in churches . v. laps vpon default of presentation grounded vpon the generall councell of lateran , held in . hen. . what praesentare ad ecclesiam is originally . donatio ecclesiae . i. as by consecrations seuerally , so , with churches , in appropriations , tithes were frequently conueyed , and by expresse name . as ecclesia de n. cum decimis , or the like , are vsually giuen monachis , monialibus &c. ibidem deo seruientibus &c. according to what is before noted of other countries . but this mention of tithes , with churches in appropriations , was rare , or not at all , till after the normans . in the saxon times , many appropriated churches are found , and that from between d.cc. and d.ccc. yeers since , till the normans . but the charters that conueyed or confirmed them , haue vsually nothing but ecclesias and so many carues or yard lands , or so much rent annext to them , nor speaking at all of any tithes transferd with them . for speciall examples of such ancient appropriations , you may see the recitalls of the charters of king bertulph , king beored , and king edred , made to the abbey of crowland , and inserted in ingulphus . but after the normans , in appropriations , most commonly , the church is exprest , vna cum decima ( that is , the tithe annext or consecrated to it ) in annona , or in other kind , and the places sometimes are named where the encrease of the tithe grew . such examples are very obuious , especially in the chartularies of abingdon and rochester . and , as is before noted , the most common intent ( allowd also by canonicall confirmation , which sometime but rarely was added in those elder ages ) was , that the corporation whereto the appropriation was made , should put clerks or vicars in the churches so conueyed to them , which were to answer to them for all temporall profits , as tithes and other reuenues ( although the churches were distant many hundred miles sometimes from the monasteries ; for a church in one kingdome also was often appropriated to a monasterie of another ) and to the ordinarie for spirituall function . the generall confirmations that are sometimes found of that time , make it manifest . and for the two prouinces , it is not amisse to adde here these two examples of it . in . will. . thomas archbishop of york makes a generall confirmation a to the priorie of durham of all churches either then appropriated to them , or thereafter to be appropriated , and grants and commands , vt omnes ecclesias suas in manu sua teneat , & quietè eas possideant , & vicarios suos in eis liberè ponant , qui mihi & successoribus meis de cura tantum intendant animarum , ipsis vero de omnibus caeteris eleemosynis & beneficijs . so , vnder henry the second , pope lucius the third writes to all the monks in the prouince b of canterburie , and bids them , that in all churches , in quibus praesentationem habetis cum vacauerint diocesanis episcopis clericos idoneos praesentetis qui illis de spiritualibus , vobis de temporalibus debeant respondere . where , that in quibus praesentationem habetis , can bee vnderstood only of churches appropriated ( which they enioied not pleno iure , that is , c in which they were bound to allow some competent reuenue to a vicar or curat , and had not exempt iurisdiction , nor the power of institution of vicars , without presentation to the bishop ) as is plainly known from what followes touching the answering for the temporalties to the monasteries . and in those times , as is alreadie deliuered , it was most frequent , to haue presentations made by monasteries to their appropriated churches ; and the vicar-incumbents or presentees had no more of the profits ( notwithstanding the institution then the monasteries would arbitrarily allow them . neither followd any disappropriation vpon such presentation , howeuer the later law be taken otherwise . nor was there any perpetuall certaintie of profits or reuenues to their presentees , vntill such time as the monks , by composition with the ordinaries , or by their owne ordinance ( which prescription after confirmed ) appointed some yeerly salarie in tithes , or glebe , or rent , seuerally for the perpetuall maintenance of the cure ; which salaries became afterward perpetuall vicarages . and to these testimonies touching appropriated churches in those ancient times , and presentation to them , you may also adde that d canon of the councell of westminster , held in the second of king iohn by hubert archbishop of canterburie , to the same purpose . wherewith is agreeing also one of othobons legatine constitutions , touching filling of appropriations , and making of vicarages ; as also the two statuts of . rich. . cap. . & . hen. . cap. . touching the point of which statut , a bill in the next parliament ▪ was again put in , but answered with e soient les statuts en faitez & gardez . ii. in those elder appropriations , it appears that the church and the tithes , and what else was ioind with it as part of the assigned reuenue , by the practice of the time passed in point of interest from the patron by his gift ( which oftentimes was by liuerie of a book or a knife on the altar ) not otherwise then freehold conueid by his deed & liuerie . neither was confirmation or assent of the ordinarie ( as it seems ) necessarie as of later time . obserue this one example of the church of waldren appropriated to the priorie of lewes in sussex by robert of dene , wherin he as patron appoints also the conditions to which the presentee or vicar-encumbent of the priorie should be subiect . ego robertus de dena ( saies the f deed ) & vxor mea sibilia pro animabꝰ antecessorum nostrorum & pro salute nostra , & successorum nastrorum concedimus deo & s. pancratio latisaquensi ecclesiam de waldrena cum terris & decimis , & omnibus ad eam pertinentibus , & cum duabus partibus decimae bladorum de caluindona , ita videlicet vt sacerdos de waldrena , de his omnibus soluat s. pancratio singulis annis dimidiam marcam argenti . ipse autem sacerdos per manum prioris s. pancratij ecclesiam de waldrena tenebit quamdiù castè & religiose vixerit . quod si crimen incurrerit , iudicio prioris latisaquensis corrigetur aut expelletur . this , about the time of henrie the second , was made coram duobus hundredis apud hundestuph . very many other are extant so made , as well by common persons as the king in the saxon times of churches , and since , of churches and tithes without any confirmations ; sauing sometimes that those of common persons are ratified by the king g as supreme lord , as also they are too by other lords . for it was not vnvsuall for tenants to haue their lords confirme their alienations of all kind of possessions . i know what is said in the later law of the kings power as suprem ordinarie for the part of iurisdiction , and i acknowledge it , as all ought . but in those elder times , that was not the matter which made appropriations good , where his confirmation had place , and none was from the bishop . at least it cannot at all be proued that his suprem iurisdiction spirituall was so much thought of in them , although otherwise apparant testimonie be of the exercise of such iurisdiction & of the right of it in the elder ages in this kingdome . but the reason of appropriations so practiced by lay patrons only , was the challenged right which in those times they most commonly vsed in disposition of their churches , as if they had been all donatiues by collation ( without presentation ) that is by inuestiture from their own hands only , which gaue their incumbents reall possession of the tithe of the church and all the reuenues , no lesse then presentation , institution , and induction doe at this day . for howeuer , not only the decrees both of the pope and generall councells , were anciently against that kind of inuestiture , but also the prouinciall or nationall synods here held , had like canons forbidding it , as in . hen. . the h councell of westminster held vnder anselme archbishop of canterburie , & girard of yorke , ordains , ne monachi ecclesias nisi per episcopos accipiant , and in . hen. . at the same place in the nationall synod , held by cardinall iohn de crema , the popes legat , it was constituted , that i nullus abbas , nullus prior , nullus omnino monachus , vel clericus ecclesiam siue decimam seu quaelibet beneficia ecclesiastica de dono laici sine proprij episcopi autoritate & assensu suscipiat quod si praesumptum fuerit , irrita erit donatio huiusmodi &c. and some allowance was giuen to these canons by the king ; yet it is most certain thât the practice was for diuers yeers afterward otherwise , and that churches with tithes were most commonly giuen by lay patrons , without the bishops assent or institution , and that as well by filling them with incumbents , as appropriating them to monasteries , chapters , or otherwise . beside the examples that might enough proue it and are obuious in old chartularies , the preamble of a decretall of alexander the third , sent , vnder henrie the second , to all the bishops of k the prouince of canterburie , is herein full testimonie . ex frequentibus querelis ( saies he ) didicimus in partibus vestris consuetudinem prauam à multis retro actis temporibus invaluisse , quod clerici ecclesiastica beneficia sine consensu episcopi dioecesis vel officialium suorū ( qui hoc de iure possunt ) recipiunt minùs quàm deceat , sollimitè cogitantes , quomodo id à patrum sanctorū est institutionibus alienum & ecclesiasticae contrarium honestati . vnde cum tu frater &c. where you see plainly that course of inuestiture or donation by the patron without presentation , was consuetudo quae a multis retro actis temporibus inualuerat , which shews it to haue been then a part of the secular law ; though the iudgment of the bishops and the pope titles it praua . agreeing to this are other testimonies in l gregories decretalls , and that in epistles to all the bishops of england to forbid it . and it is specially obserueable , how ill the baronage of england tooke it when anselm vnder henrie the first would haue , through papall canons , inhibited the practice of inuestitures , vsed by the king and other lay patrons , which is recorded in an epistle m of that anselm , directed to pope paschal the second , thus speaking . domino reuerendo & patri diligendo paschali summo pontifici anselmus seruus ecclesiae cantuariensis , debitam subiectionem & orationum assiduitatem . postquam reuocatus ad episcopatum redij in angliam , ostendi decreta apostolica quae in romano concilio praesens audiui ne scilicet aliquis de manu regis aut alicuius laici ecclesiarum inuestituras acciperet , vt pro hoc eius homo fieret ; nec aliquis haec transgredientem consecrare praesumeret . quod audientes rex & principes eius ipsi etiam episcopi , & alij minoris ordinis tam grauitèr aceperunt , vt assererent se nullo modo huic rei assensum praebituros , & me de regno potiùs , quam hoc seruarent , expulsuros & à romana ecclesia se discessuros ; vnde reuerende pater vestrum petij , per epistolam nostram , consilium &c. this is in the ms. volume of epistles of anselm , fairly writen by iohn de grandisono bishop of excester , in the yeer m.ccc.lxiv . in which are aboue c. more then are published in his printed works . they menaced the archbishop with banishment , and the pope with reuolt from his see , only for their withstanding that practice of inuestiture ; whereof , for so much as concernes abbeies , priories , or bishopriques ( in giuing them by the ring and baston ) much testimonie is in the storie of about that age . and the kings remission of the inuestitures of those great dignities is frequent . but , for parish churches , of which we here chiefly speake ; the common occurrences of inuestitures mention them but litle . but for the vse of them known also by the name of institution ; see the fine anon transcribed of . hen. . as also specially a commission sent by pope alexander the third , to the i dean of chichester , touching a parson that was legitimè institutus à willielmo nobili viro , and had resigned personatum capellano domini . but this course of inuestiture by lay men , after anselmes time , began to bee of lesse vse ; and some , obeying the canons , presented , others still collated by inuestiture till about richard the first and king iohns time , whereof more in the next paragraph . to the lay patrons challenged right of such inuestiture of churches and tithes , belongs specially the granting of rents and such like out of rectories by the patrons only , and the sonnes or others succession in parish churches after the death of their ancestors of both which ( litle known vulgarly ) ancient warrant is yet remayning . iii. for the first ; in the chartularie of the priorie of s. needs in huntingdonshire , one robert fitz-water ( about king iohns time ) giues to the priorie six marks of siluer nomine certi beneficij in ecclesia de wimbisse annuatim percipiendas per manum personae eiusdem ecclesiae . quare volo ( saies he ) vt quicunque in praefata ecclesia de wimbis . ad praesentationem meam vel haeredum meorum persona instituta fuerit praenominatis monachis s. neoti de supradicto beneficio vi. marcarum fidelitatem faciat , saluo mihi & haeredibus meis iure aduocationis & praesentationis &c. and diuers other such like are . neither haue i met with a precedent of those times wherein the encumbent was grantor , as at this day by the cōmon law ( the church being full ) i think he must . but most vsually a prouision by the patron was inserted to this purpose , that the seuerall encumbents should by oth bind themselues to the true payment . nor was it so necessarie to haue the ordinaries assent , when that , which the ordinarie by the practice of the later law is to do in his institution , was in frequent practice supplied by the patrons inuestiture . out of which may be the better vnderstood that part of the new canon in the synod of westminster , held vnder k richard archbishop of canterburie , in ▪ hen. . nulli liceat ecclesiam nomine dotalitij ad aliquem transferre , that is , that no patron should giue his church . as it were in frankmariage , or make of it a donatio propter nuptias ( as the ciuilians call it ) to remain with the husband of his daughter or kinswoman , during his life . how could such a gift haue at all been made by presentation ( as of later time it is vnderstood ) institution or induction ? and a most obseruable example of this matter is in a fine of . hen. . in these words . haec est finalis concordia facta in curia domini regis apud cantuariam anno regni regis henrici secundi xxxiii . die venetis proxima post festum sancti iohannis baptistae coram radulpho archidiacono colecestriae , & rogero filio reinfri , & roberto de witefeld , & michaele belet iusticiarijs domini regis , & alijs fidelibus domini regis ibidem tunc praesentibus inter priorem de lewes & monachis eiusdem loci & willielmum filium arthuri , quem richardus de budegintun pofuit loco suo ad lucrandum vel perdendum de aduocatione ecclesiae de budeketun , vnde placitum erat inter eos in curia regis , scilicet quod prior & monachi remiserunt & quietum clamauerunt eidem richardo & haeredibus suis aduocationem praedictae ecclesiae per ita quod persona quae per ipsum richardum vel haeredes eius in eadem ecclesia instituetur , reddet singulis annis ecclesiae de lewes iiii. solidos scilicet ad festum sancti michaelis . & ille qui in eadem ecclesia per ipsum richardum vel haeredes suos instituetur persona , post institutionem suam , coram episcopo fidelitatem praestabit quod praedictam pensionem praedicto termino ecclesiae de lewes persoluet , & posteà in capitulo de lewes eandem fidelitatem innouabit . here it appears ( it seems ) by the iudgement of the kings iustices , that the patron had such interest in those times , that he might alone without grant of the encumbent ( who came in by his institution and inuestiture ) or confirmation of the bishop , charge the church with a pension . and this , being in a fine , is of autoritie beyond exception for that age . but the like is in rot. fin. . rich. . lancast. in a fine leuied between theobald fitz-water , demandant in a writ of right of aduowson against the abbot of shrewsburie , of the church of kirkham , where xii . marke rent is reserued to the abbot , with a like clause for the encumbents fealtie for true payment . the like in fin. . rich. . diuers . comit. touching the church of dacheworth . yet also , in that age , the assent of the parson and bishop was somtime had . as in rot. fin. . rich. . staff. where , vpon right of aduowson by the prior and canons of stanes against alice hopton , for the church of cheklegh , alice & robertus filius & haeres suus per assensum & voluntatem h. couentrensis episcopi in cuius diocoesi ecclesia illa sita est , & osberti personae eiusdem ecclesiae tunc ibidem praesentium , concesserunt praefatis priori & canonicis xxs. de eadem ecclesia de cheklegh annuatim percipiendos sine omni contradictione imperpetuum de clerico eandem ecclesiam possidente quicunque ille fuerit ad duos terminos videlicet ad pascha xs. & ad festum s. michaelis x ● . &c , here the assent of the parson and bishop being both present in court , is inserted in the fine ; yet inough examples shew that it was not ( as may be strongly coniecturd ) thought altogether necessarie . but indeed howeuer the right of inuestitures had been then much exercised by lay patrons , yet in case of clergie patrons , if the church were not of exempted iurisdiction , the bishops more vsually instituted : and therefore was their assent the sooner admitted somtimes into the fine ; and doubtlesse also some lay patrons willing enough herein to obey the canons , after anselm and perhaps before arbitrarily filld their churches by presentation to the bishop . this may be collected especially out of that of the grant of the l priuilege of institution in churches , made by turstan archbishop of york vnder henrie the first , to the archdeacon of richemond , as also out of two decretalls from rome , sent by pope m lucius the third , vnder henrie the second to the bishop of norwich . and in some other n autoritie both in our yeer books and in the fine rolls also of the beginning of king iohn , the bishops assent in such grants of that time is sometimes found . and in that commonly ( but without sufficient ground ) attributed to randol of o glanvill chief iustice of england to henrie the second , the bishops institution is spoken of as a thing of not vnknown right vpon a recouerie in darrain presentment , according as the canons require . and in an epistle p of giraldus cambrensis ( writen in those times to hugh bishop of lincoln about his parsonage of cestreton , which he challenged vpon presentation of himself made by gerard of camvill , a gentleman of great worth in lincolnshire ) the bishops institution is spoken of , as cleerely necessarie , according to the canons , and noted with episcopus solus honores dare potest ; which , you must remember , was writen by one that was feruent for the canons , and had also writen against the auitae consuetudines or common laws of that time . but these testimonies must be warily vnderstood , and compared with the former and frequent practice of the contrarie , which about that time , especially vnder richard the first and king iohn ( it seems ) much altered . neither till about that time can it be found , that the more common practice of lay mens inuestitures ceased . nor was the bishops institution presently and vniformely thence vsed , as of later ages . the autoritie of the clergie had by that time taken away the vse of lay mens inuestitures . yet was it not cleere , it seemes , vpon the practice that here followed , what dignitie of the clergie should then exercise the institution : for you shall find it sometimes done by the archdeacon , as it was also before k. iohn , in some cases where any lay man omitted his inuestiture ; as may be gathered out of a decretall , sent h hither from pope alexander the third , to forbid the archdeacon of ely , curam animarum sine mandato episcopi committere . and afterward also , in pasch. & trin. . & . reg. ioh. a writ is awarded to the archdeacon , as now it ought to the bishop , vpon recouerie of a presentment . the entrie is thus . recordatum est per g. filium petri & simonem de pateshull quod simon filius richardi , tempore regis richardi , recuperauit , coram eis & socijs eorum versus iohannem de kalceto seisinam aduocationis ecclesiae de buckworth ( in huntingdonshire ) per assisam de vltimâ prasentatione , ita quod habuit breue quod archidiaconus admitteret personam ad ecclesiam illam ad praesentationem eidem ; & ipse iohannes impediuit eum ita quod implacitauit eum per breue papae , & dominus rex prohibuit placitum , & simon venit & impetrauit à rege quod loquela procederet , & quod haberet breue ab archidiaconum de clerico suo admittendo & habuit . t. domino g. filio petri & will. de briwere . here twice was the writ of admission or institution sent to the archdeacon , not to the bishop . perhaps indeed it happened in the vacancie of the see. for the time so falls , that we cannot be sure of the contrarie . but admit it were so . plainly , the archdeacon neither by canon nor common law had any more right of institution , by reason of a vacancie of the bishoprique . and certainly , during the vacancie , the writ should r goe to the gardians of the spiritualtie , which by the canon laws , are the deane s and chapter , but by the law of england t , the archbishops in their seuerall prouinces , and the deanes and chapters only , in case where the archbishopriques are void . and in other places , somewhat afterward also i haue seen institutions often u by the archdeacon of leicester , while the bishoprique of lincolne was void ; which shewes , that those times were the infancie of the exact course of episcopall institutions , as they are at this day vsed . neither had these any priuiledge of institution , as the archdeacon of richmond had anciently giuen x him , or the like . at this day , and from long time before , the archdeacon only inducts , as the books & common practice shew . but thereof thus much by the way . iv. for that other , of succession in the benefices of the ancestors ; doubtlesse , that was , often when the father or other ancestor was incumbent and patron , and by that challenged right , of the time , of inuestiture and sole disposition of the church , would either in his life time conuey the benefice to his sonne or heire by grant , which by the practice of the time , supplyed , it seemes , as well a resignation , as presentation , institution , and induction ; or would so leaue the aduowson to discend to his heire , that he ( being in orders ) might retaine the church in his owne hands , according as the law then , it seems , permitted . against this , was a canon made in the nationall synod at westminster in . hen. . vt filij presbyterorum non sint haeredes ecclesiarum patrum suorum . and another in . hen. . held vnder the popes legat. sancimus ( as the words are ) ne quis ecclesiam sibi siue praebendam paterna vendicet haereditate y aut successorem sibi in aliquo ecclesiastico constituat beneficio . without that challenged right of inuestiture supposed in the incumbent ( hauing also the patronage ) which supplyed all that the patron , bishop , and archdeacon at this day do in filling a church , how could any parson make to himselfe a successor or an heire to haue colour to claim the incūbencie from his ancestor . to this purpose may be well rememberd a passage in a verdict found in rot. placit . . rich. . rot. . of such a kind of conueyance of s. peeters church in cambridge : the words are ; iuratores benè sciunt quod quidam langlinus qui tenuit ecclesiam illam , & qui fuit persona illius ecclesiae dedit ecclesiam illam , secundum quod tunc fuit mos ciuitatis cantebrigiae , cuidam parenti suo segario nomine qui illam tenuit per lx. annos & plus , & fuit persona illius ecclesiae & ipse posteà dedit ecclesiam illam henrico filio suo qui illam tenuit per lx. annos & ipse in ligea potestate sua dedit illam hospitali cantebrigiae per cartam suam & idem hospitali habet ecclesiam illam . they discreetly find the custome of the citie to maintaine the conueyance , supposing ( it seems ) that the custome would help the last grantors title , although the common law , which had by that time receiued some change herein , by force of the papall decrees , should not haue allowd it . i know , in the canons another thing is also vnderstood in this matter of succession , that is , the irregularitie of the sonne of a clerk ; but that can extend only to the matter of illegitimation vpon mariage forbidden to the clergie . for which point alone , the bishops refusall had been the best helpe , but that indeed the other kind of disposition of churches by inuestiture preuented his refusall when presentation was not made to him . v. but after such time as the decretals and the encreasing authoritie of the canons , about the yeer m.cc. had setled the vniuersall course here of filling of churches by presentation to the bishop , or ( as it seems sometimes it was ) to the archdeacon , or to the vicar of the bishop , or gardian of the spiritualties ; that vse of inuestitures of churches and tithes seuerally or together , practiced by lay men , was left off , and a diuision of ecclesiasticall & secular right from thence hath continued in practice . neither did z the king afterward ( much lesse common persons ) fill their common parochiall churches without such presentments from bishops . parochiall churches ; for of speciall donatiue chappels we here speak not . neither were appropriations of churches & tithes afterward allowd , that had not a confirmation from the ordinarie immediat or supreme . and in the same age also came in the law of the laps , whereby the bishop is to collate after six moneths vpon the patrons default , it being before at his libertie to fill his church at his pleasure . neither was he confined to any time . that time of laps was ( according as the vse of presentation grew by degrees setled ) receiued into the laws of england out of the generall b councell of lateran , held in . hen. . vnder alexander the third ; to which , foure bishops ( according to the ancient vse of this kingdom ) that is , hugh bishop of durham , iohn bishop of norwich , robert bishop of hereford , and reinold bishop of bath , were sent as agents for the church of england . by that councell , after vacancie of six moneths , the chapter is to bestow those churches , which the bishop , being patron , had left so long void ; and vpon their default , the metropolitan . but no word is of lay patrons in it . yet by reason of the autoritie of that councell , and of a decretall c of the same pope , which speaks of like time vpon default of lay patrons , it hath beene since taken here generally , that after vacancie of six moneths , the next ordinarie is regularly to collate by laps . which perhaps was receiued for a law , to continue as it hath done , in the councell or conuocation at pipewell , held in the first of richard the first , and some ten yeers after that generall councell of lateran . for in that of pipewell , the principall thing in hand was the prouiding for churches vpon death of their pastors . habitus est ( saith ralf de diceto , dean of pauls vnder king iohn ) generalis conuentus iuxta dispositionem regis & archiepiscopi xvi . kal. octobris apud pipewell , vt de consilio vacantium per angliam ecclesiarum haberetur tractatus . i know it was for many churches then void . but it is like enough that according to the generall councell this law was then here receiued . but that 's only a rouing coniecture , and so i leaue it . and as in the d canon law the councell of lateran ( which must be vnderstood that of alexander the third ) is commonly affirmed for the autoritie of the originall of the right of this laps in the case of bishops specially and chapters , so is it , in ancient moniments of our laws , also in the case of lay patrons . ante concilium lateranense ( saies e bracton ) nullum currebat tempus contra praesentantes . and in placit . de banco mich. . ed. . rot. . staff. the bishop of couentrie and lichfield pleads a collation by laps autoritate concilij , against the prior of landa , to the church of patingham . and in the same plea rolls of pasch. . ed. ▪ rot. . linc. in a quare non admisit , by alienor , the queen mother , against the bishop of lincoln , for the church of orkestow , the six months and the computation of them ( which is there adiudged according to that in f catesbies case ) is referd to concilium apostolicum , which can be no other then that of lateran , howeuer the printed copie of that which we commonly call breton g talks of the councell of lions for the director of the laps , whereas indeed the mss. haue for de lions , de lautr . which is doubtlesse for de lateran ; yet also in the rolls of the common pleas of pasch. . ed. . rot. . suthampt. the archbishop of canterburie defendant in a darrain presentment , against the abbot of lyra , pleads that the church ( of godeshull ) est plena ex collatione ipsius archiepiscopi ratione concilij lugdunensis , and being demanded by what article of the councell , would not thereto answer , wherupon , after long deliberation , iudgement is giuen for the abbot . but in the same plea the law and custom of england for the six months time of laps ( which they call there consuetudo regni angliae ) is referd to a councell ; but none is specially named sauing that of lions . but although from canonicall autoritie the laps was thus receiud into our laws , yet it hath been no otherwise then the baronage of england would permit it . for the canons otherwise ( as at this day they are ) giue but foure h months to a lay patron , and six to an ecclesiastique , which difference the law of england would neuer permit ; as also neither that of the right of collation which the chapter is to haue vpon default of the bishop , howeuer the pope would haue put it here in execution according to the words of the councell , which you may see in the autorities before noted out of the text of the canon law. and therefore the law of laps is well referd rather to i consuetudo regni angliae ( by which title other parts of our * laws were often named that were of later beginning ) then to the councell , although thence doubtlesse , as is shewd , it had its originall . but although now , what through the decretalls and other canons against lay mens inuestitures , what by reason of the law of laps , the patrons former interest or challenged right was much diminished in the church and the disposition of the reuenues of it ( for it followd also that the ordinaries assent was requisite ) yet the formulae or precedents vsed from ancient time in the recouerie of presentations still retaine , to this day , characters in them of that inuestiture . as the quare impedit , that is , praecipe a. quod iustè &c. permittat b. praesentare idoneam personam ad ecclesiam de n. quae vacat & ad suam spectat donationem &c. where donatio still sauors of the ancient right of inuestiture ; agreeing whereto is that of ecclesiam k concedere , vsed elswhere in our law , and attributed to the lay patron . neither doth praesentare ad ecclesiam originally denote otherwise then the patrons sending or placing an incumbent into the church , and is made only of repraesentare , which in that councell of lateran and l elswher occurres also for praesentare . repraesentare is properly to restore , giue back , or repay , as reddo or repraesto , whence praesentare taken in the barbarous times denoted as dare or donare ; so that idoneam personam ad ecclesiam praesentare was all one with idoneam personam ad ecclesiam dare or donare , or in ecclesia constituere , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as m the apostles word is to titus , where he bids him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that is , appoint or constitut , or indeed present priests or encumbents in euery citie . for he that there should turn it by present , might so keep the propertie of the word in both tongues , though not as present is now restraind . this is iustified out of an old glossarie that turnes repraesento by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for then cleerly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is praesento : while praesentare so signified also in practice , that is in the time of the vse of lay inuestitures , all churches so giuen were properly donatiues , which attribute hath been since restraind , chiefly to such free-chappels as the ordinarie had no interest in , but are collated or giuen by the act only of the patron . and this interpretation of praesentare is iustified also n out of the quare impedit vpon a right of collation ( which is but a donation ) by the bishop , wherin the words are also quod permittat praesentare ad ecclesiam &c. donation ( which is meerly as inuestiture in regard of the bishop ) is there called presentation . so also is the law in the kings case and of common persons , being disturbed to collate by letters patents to their free chappels or donatiues . the writ in those cases is only praesentare , which confirms that it denotes donation or inuestiture . but in the counts vpon such writs , the speciall matter must be discouered . the like law is in the case of him that hath the nomination of the clerk. his writ is also praesentare , although another haue the right of that which is now known by the bare name of presentation . nomination indeed or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being the true and eldest name found in the laws belonging to the o church , that denote filling or presenting to a church , in that sense as presenting is taken for giuing or inuesting . for , in the primitiue times , when the patron had founded his church , he nominated whom he would haue receiued into orders for the seruing of that cure ; and then if the nominated were found worthy hee was receiued into orders for that purpose , which ordination turnd afterward into episcopall institution , as is before declared . that nomination was indeed as inuestiture or giuing the church . so is the word vsed in the laws and agreeing to them is the purer time of latin wherein nominatio p is for giuing a place or office that is void . and as these phrases of the writs tast of the ancient right challenged by the patron , so do some assertions in our yeer books of later time ; as that of entring q into an aduowson by entring into the church , of passing an r aduowson by liuerie of seisin at the church-dore , of the patrons entring into the place s of foundation if the church cease to remain hallowed , and the like . and to like originall may you referre those of the kings presentations , which haue dedimus & concessimus in them yet retained , although the force of the words by the later law , make but only a t presentation . but the law is now setled ; neither with vs hath the patron alone now any prerogatiue or direct interest in the church or the reuenues , beside his right of aduowson or presentation to the bishop , by whose institution and the archdeacons induction euery church regularly is to be filled . neither ( for ought i haue heard ) hath he in our law any of those droicts honorifiques , which the french allow him in precedence , seats , and the like . these particulars of benefices and aduowsons had here their place , both because in the ancient conueiance of them either by inuestiture to an incumbent , or by appropriation , the reuenue that was in tithes passed by expresse words , and that in point of interest from the patron , as also in regard that , at this day , the patron of a parson prohibited by indicauit , to sue in the spirituall court for the fourth part of the tithes of a church , may haue his droit d'auowson de dismes . it was requisit therefore to adde these not vulgar or obuious notes of the aduowsons in this discouerie of the ancient conueiance and interest of tithes . cap. xiii . i. infeodations here into lay hands since the statuts of dissolutions . of infeodations before that time in england . somewhat more of the originall of lay mens practice in arbitrarie consecrations or infeodations . ii. exemptions or discharges of payment originally by priuileges , prescriptions , vnitie , grants or compositions , and by the statuts of dissolutions . i. from those arbitrarie consecrations , and frequent appropriations of tithes ( whereof we haue hitherto made mention ) to monasteries or other religious places , as colleges of regulars , chantries and free-chappels , came the present and common infeodations of them into lay hands , which began in the age of our fathers . for , the portions of tithes conueied to them out of closes , parts of mannors , and whole demesnes , by the owners , together with the tithes granted and possessed with appropriated churches , were first by the statut of dissolution of monasteries in . hen. . and by that other of . ed. . giuen to the crown , and from thence granted to lay men , whose posteritie or assignees to this day hold them with like limitation of estate , as they do other enheritances of lands or rents . and , for them , haue like remedie by the statut of . hen. . cap. . by reall action as assise , dower , or other originals , as for lands , rents , or other lay possessions by the cōmon law they might haue . but although in other states these infeodations or conueiances of the perpetuall right of tithes to lay men , be very ancient and frequent also ; yet no such certain or obuious testimonie of their antiquitie , is in the moniments of england as can enough assure vs that they were before the statut of dissolutions in any common vse here . but some were , and , for aught appears in the practice of the time , many more might equally haue been . and what scruple was there but that long before the generall dissolution of monasteries , henrie the fift might ( by the law of the kingdom ) haue made infeodations into lay hands ( as henrie the eight did ) of all tithes belonging a to the priors aliens whose possessions were giuen to him by parliament , he had them setled in the crown in fee , and afterward disposed of them to other ecclesiastique corporations b at his pleasure , no otherwise then of other lay possessions . by the way , we vnderstand , in these infeodations , by the name of lay men , only such as were not either in orders or professed in religion . for otherwise all the possessions of tithes enioied by nunnes and the like , that were indeed lay ( though not commonly called so ) might be comprehended vnder the name of infeodations . but , that some were here ; obserue that of odo bishop of bayeux and earle of kent , which is before cited out of the liues of the abbots of s. augustines in canterburie . the words are , decimas aliquas quas mei fideles habebant &c. what can that be , according to the words , other then tithes that were in the hands of some of his tenants ? you may adde that of robert s. iohn cited before out of the book of bosgraue , where he had , by the gift of his brother william , certain tithes , which he gaue to the priorie , for maintenance of a fourteenth monk. and obserue the rest of the deed there . so out of the book of osney it appears before , that decimatio nicholai de stodeham quam fromundus ( capellanus ) tenebat is granted by d'oilly . had not d'oilly this from stodeham ? or was stodeham here one of his bailifes or fermors , whose tithe he graunted as lord or according to couenant with the lessee ? other such occurre sometimes . and perhaps , decimae hominū meorum , & the like granted , may suppose a title possessed in the tithes by the lay grantor . and in the same book of c osney , in a passage writen in a hand of about hen. . touching the conueyances of tithes by lay men to monasteries , it is related , that he that wrote it , saw quendam rogerum d'oyly dominum cuiusdam partis de bampton in episcopatu lincolniensi suis decimis ita vti , vt nunc vni nunc alteri de suis valettis ipsas conferret annuatim qui sibi in diuersis officijs ministrabant , vntill afterward hee erected a chaunterie with them in the church of bampton . these grants to his valets , plainly were as infeodations . and what els was in that known case of herne and d pigot in mich. . & . elizab. but an ancient kind of infeodation , at least an inheritance of tithes from immemoriall time in a lay man ? that , and other like to it , might begin vpon reall compositions , and so the tithes be deriued out of the church . but regularly , i thinke , at this day no kind of infeodation is here allowable in lay mans making title to a perpetuall right of tithes ( except only by the later statuts of dissolutions ) vnlesse it either be deriued from some old graunt of discharge from the parson , patron , and ordinarie , ( in which case , hee to whom the infeudation should be made , could haue it only as a lay profit issuing out of the discharged land ) or ioyned with a consideration to be giuen for maintenance to the parson , by him that receiues them ; and this either from time immemoriall , or by ancient composition . so i take the meaning of our reuerend iudges to haue been touching this point . in summe then we may affirme , that some such ancient infeodations haue been in england as in other states ; but , that of later time none are allowable ( if deriued from e other ancient originall , then from the statuts of dissolutions ) vnlesse they bee anciently deriued out of the church first by discharge , or appeare to be but as a reward giuen in pernancie , or as consideration for a pension or other competent maintenance yeerely payable to the parson . which withall well stands with the common opinion of the originall of such infeodations ; whereof we haue alreadie f spoken . and whereas it hath been resolued , that without these reasons , a lay man was not here capable , at the common law , of tithes by pernancie ; it well agrees with a decretall of g alexander the third , which forbids one that maried a parsons sister , to enioy a tithe giuen him by the parson , as for the mariage portion , although the parson were still liuing . but also , that we may not defraud you of any testimonie of former times , that may seeme obseruable touching these infeodations , whereof so few examples and so ltttle mention is in the moniments of england , take this speciall disquisition , writen in a hand of about henrie the fifth , in the booke of h osney , which would as well giue light to the course of arbitrarie consecrations ( before largely opened ) as to these infeodations , if it were of sufficient credit . but you shall first haue it compendiously deliuered , and then iudge of it this title is put to it , qualitèr laici ad id priuilegium peruenerint quod locis religiosis illas ( decimas ) conferre possint . then sayes he that writes it ; he had heard from a good ciuill and canon lawier , that had been present at the disputation of the point , in a case happening between a religious house and a parson , for tithes in the parsons parish , who claimed them iure communi , that the aduocat for the religious house being put to make a speciall title against the parsons common right , told the court a long storie of easterne holy warres about pipins time ; and interposed somwhat of charles martell ; and concluded , that the pope and the church euery where graunted , in reward to the christian princes , for their barons , knights , and gentlemen , that spent their blouds , labours , and estates in those warres , the priuiledge of arbitrarie disposition of the tithes of their lands ; by reason of which graunt , they afterward made not only arbitrarie consecrations of them , but also infeodations into lay hands , according as the common opinion among the canonists is too confidently receiued at this day . then he tells vs that before rememberd , of the tithes in bampton , and cites some texts out of the decretalls , that touch infeodations . next he relates , that among the princes of the holy warre , about martell and pipins time , the duke of normandie was a speciall one , whence hee had also that priuiledge touching tithes , pro se ac suis , as the words are . and lastly ( to bring it into england ) hee thus concludes , et cum dux normanniae willielmus ad conquisitionem angliae venisset , quidam miles eius robertus d'oylleye nomine malens suas decimas deo commendare quam contra naturalem ecclesiae consuetudinem ipsis vti , eas ecclesiae s. georgij quam in castria oxenford construxit contulit , et posteà ad monasterium osney per diocesanum & capitulum lincoln . ac etiam per aduocatum canonicè deuenerunt . but it all tasts of nothing but ignorance . for what touches martell and his time generally , enough alreadie is said . and see but what a bold ignorance here was , to tell vs , that the duke of normandie was one of the greatest ( personis regum exceptis , as his language is ) that went in the holy warre in succursum ecclesiae romanae , in those times of pipin and martell ? i would he durst haue told vs also who had then been duke of normandie . neither that title of dignitie , nor that name of the countrey , were , till about cl. yeers after martell , at all known . the territorie being then vnder the french kings , who long after gaue it to the normans , and erected it into a dukedome . indeed the duke of normandie had good place in the later holy warres , about m.xcv. but did not that make this aduocat say , that the duke of normandie was a speciall prince in the other also of martell's time ? such of the later midle times stand not much vpon the mingling of stories , that differ in themselues euen many whole ages . besides , he tells vs of strange princes names of the east , that made the warre against the church . plainly , the most pretended cause of the rest that erre herein as much as hee doth , is the saracenicall warre in martell's time , and that out of spain , not from the east . and had it been so vnder martell's time , as it is vsually affirmd ; what had that been to england ? but you see his prouidence for that matter , where he deriues it from the duke of normandie . but what though there had been some such duke of normandie , whose successor had afterward either conquered or enherited england ? had therefore the old supposed priuiledge of retaining or disposing of tithes , been thence communicated to his subiects of england ? and that to the losse of the church here , that neuer could haue gotten good by the supposed cause of the priuiledge ? all the canon and ciuill law that the aduocat had , could neuer haue proued such a consequent . it will still remaine most probable , if not cleere , that what infeodations were in england , had their originall as well out of the right of arbitrarie disposition of tithes challenged by the laitie , without the grant of the pope or church , as out of compositions or conueyances from the clergie ; according as in other states . for no sufficient storie , no credible moniment , no passage , or testimonie of worth , can iustifie that generall right of retainer or disposition to haue been giuen by the clergie , or pope , vpon any cause whatsoeuer ; though the canonists and others that follow them , cry against it , vsque ad rauim . the vse of infeodations , before those later holy warres , we haue alreadie shewd . and that no vse of them could be about martell's time , is not lesse apparant , by what is also before deliuered . but beside this blind testimonie of the ground of consecrations or infeodations ; for england especially , you may take that ( as it is ) also of i lindwood , who thus speaks touching the portions which religious houses had . hae portiones ( saith he ) potuerunt peruenisse ad locum religiosum de concessione etiam laici cum solîus diocesani consensu de decimis vel prouentibus quas laicus talis ab ecclesia alia habuit in feudum ab antiquo , according to that in tit . de his quae fiunt à praelatis sine ass . cap. c. cum apostolica . and hee addes , that this is only true , if those tithes were infeodated before that councell of lateran of mc.lxxix . and then concludes with , nam ante illud concilium bene potuerunt laici decimas in feudum retinere & eas alteri ecclesiae vel monasterio dare . non tamen post tempus dicti concilij . for his interpretation of the councell , enough before , towards the ends of the vi. and x. chapters . but doth not lindwood here suppose ancient infeodations of tithes ( at least created by churchmen ) in england ? doth he not thence fetch the originall of portions belonging to religious houses in england ? commonly , though he writ as a canonist , yet he addes the speciall custom of england if he speak of any canon law , which he thinks had not place here . but he excepts not england in this , but implies it . therefore doubtlesse , he supposed a common vse of ancient infeodations among our ancestors . but i doubt he had not better ground for it then what he found in others of his profession , that had rememberd the frequent vse of infeodations in other states before that councell . and he so applied it equally to his own countrie , and with them takes the infeodations to haue had originall only from the grants of church-men . therefore i value his testimonie here but as of a common canonist , and not sufficient to satisfie vs touching our owne countrie ▪ neither in his age were the particulars of practice of the time before that lateran councell , or of the time of creation of infeodations in other places , enough known among lawiers . i adde only one note out of bracton that may touch tithes infeodated or turnd anciently here into lay fee , and conclude this matter . he k speaking of land demised and recouered by the legatarie , tells vs some opinion was of his time , that such land after the recouerie iterum incipit esse laicum feodum & non ante ; quod non erit de decimis , cum semel efficiantur laicum feodum ; nunquam reincipient esse decimae , & haec vera sunt secundum r. & alios . did not he here suppose lay infeodations of tithes in england ? let the reader iudge . by the way , i note , that passage is corrupted in the print . the beginning is item for iterum , and that r. & alios ( which i think stands for roger de thurkelby a great iudge of that time ) is biastos . but according to my ms. bracton , i haue thus alterd it . you may consider also if some infeodations came not out of lay mens enioying of whole churches with their possessions about the norman conquest . it is frequent in domesday , to find that such a lay man tenet ecclesiam of such a place , and sold it to such a one . and in the claimes of yorkeshire there , the entrie is super ecclesiam s. mariae de moselege habet rex medietatem eleemosynae festorum s. mariae quae iacet ad wackefeld . omne aliud habet ilbertus & presbyter qui ecclesiae seruit &c. where tithes were in that time annext by cōtinuance of payment or consecration to churches , perhaps they might in like manner as these offerings or whole churches , come into the lay hands . but i leaue this to the iudgement of my reader . and hereof thus much . ii. now for exemptions or discharge from payment ; we haue anciently had them here , and still retain some of them in the practiced law. and that originally either by priuileges , prescription , or grants and compositions and vnitie of possession . the priuileges haue been either such as were specially allowd and limited to the orders of the templars , hospitalars , and cistercians by the generall councell of lateran , held in . of king iohn ( of which more particular narration is before made ) or by new bulls for the discharge of this or that monasterie or order , at the popes pleasure . by reason of the first kind of priuilege , those three orders held their lands discharged of payment so long as they manured them in their own occupation . at least all such lands as they had purchased before the generall councell . and by the second kind sometimes whole orders were discharged , as for example , that bull to the l praemonstratenses in general giuen by pope innocent the third , grants them that of their own culture or other improuments they should pay none . sometimes speciall monasteries ; as in that of the same pope to the m abbey of chertsey . de noualibus verò quae proprijs manibus aut sumptibus colitis , aut de vestrorum animalium nutrimentis , siue de hortis & virgultis , aut piscationibus vestris , nullus à vobis decimas exigere , vel extorquere praesumat , sed eas eleemosynae aut pauperibus monasterij vestri iuxta quod tu fili abbas postulasti à nobis , praecepimus assignari . what force by the common laws of this kingdom , such a papall priuilege in ancient time alone had , i abstain here to dispute . and although other examples enough might out of originalls be brought of the like , yet i touch not any of them neither , lest vnawares i might giue occasion of some priuat controuersie . but they had their force in the canon law here , and being so allowd in allegations against libels for tithes , were strengthened also at length ( especially those which were of the ancientest ) with prescription of time , in so much that from them originally diuers lands of dissolued monasteries remain to this day discharged of payment . but in . hen. . cap. . an act of parliament is made against those of the cistercians here , which purchased bulls of exemption for their demised lands . and those of the order and others putting such bulls in execution are made thereby subiect to the punishment , containd in the statut of . rich. . of praemunire . discharges by immemoriall praescription of paying no tithes ( of things commonly and of their nature titheable ) nor any thing in lieu of them , are by the later common law ( since their parochiall right established about the time of king iohn ) allowd only n to spirituall persons , but to no lay man. the laitie being since that time held incapable of tithes both by pernancie ( sauing in such a speciall case where continuall consideration was giuen to the church , as in that case before of herne and pigot ) in their own right , as also by discharge vpon bare prescription alone , sauing only in cases within the statuts of dissolution of . hen. . and . ed. . and the statut of . hen. . that warrants common infeodations of them . and so is the practiced law of this day . for , by those statuts , lay patentees of lands or tithes haue like priuilege of discharge and title as the spirituall persons , whose corporations were by them dissolued , before the dissolution enioied . of the hospitalars dissolued in . hen. . i purposely abstain to speak . to this of prescription , may be added that of vnitie of possession . for if any religious house dissolued in . hen. . held the rectorie of dale & lands in the parish immemorially paying no tithes , this vnitie discharges also the patentees at this day , in such sort as the monasteries were discharged . but by compositions and grants euery man , as well lay as spirituall , by the common law ( before the statut of . of elizabeth , made against leases and grants of parsons ) might be discharged of tithes ; as if the parson patron and ordinarie ioind in it to the parishioner either for consideration continuing ( as in reall o composition ) or for other arbitrarie causes not appearing to posteritie as in grants by all three , or rather in grants by the parson , and confirmations by the patron & ordinarie . and it is prouided by the statut of . ed. . cap. . tha no person shall be sued or otherwise compelled to yeeld , giue , or pay any manner of tithes for any mannors , lands , tenements , or hereditaments which by the laws and statuts of this realm , or by any priuilege or prescription are not chargeable with the payment of any such tithes , or that be discharged by any composition reall . but although a lay man may not be discharged of all payment by meer prescription ( vnlesse he begin the prescription in a spirituall person ) yet for diminishing the quota in payment only of a lesse then the tenth , he may p prescribe , that is , de modo decimandi . and to that purpose an immemoriall custome of a whole town or mannor holds place at this day . so was the law q anciently also . beside these discharges , some may here expect that part of our laws , which with vs ( as the philippine in france , and the carolines in spain ) discharge some things from payment of tithes , and seem to permit some customs de non decimando . but for that matter ; so much as vpon consideration was thought fit to be sparingly said of it , is referd to the passages in the next chapter , that touches ancient prohibitions de non decimando . neither indeed doth that part of our english customs belong to the title of exemption or discharge . for exemption and discharge are properly singular rights to this or that person or land , and against the currant of the practiced law. but those things touching which any such prohibitions de non &c. by our law should be granted , are supposed generally according to the reasons and practice of the laws of england , of their own nature , not titheable . so that not so much a discharge is found in that course as a preuention of an vnlawfull charge which the canons would lay vpon that which the laws of the kingdom account not at all in its own nature chargeable . but thereof somewhat more anon . cap. xiv . i. the iurisdiction of ecclesiastique causes , in the saxon times , exercised by the shrife and the bishop in the countie court. and among them that of tithes also was then to haue been there determind . the bishops consistorie seuered from the countie court by william the first . ii. after the normans , originall suits for tithes , were aswell in the temporall courts as in the spirituall . and that continued till henrie the second or about king iohn . iii. of the time since about king iohn or henrie the second . of the indicauit and the writ of right of aduowson of tithes . what the law was in an indicauit before that statut of westm. . a touch of ancient prohibitions , de non decimando . iv. writs of scire facias for tithes . enquests taken vpon commission to enquire of the right of tithes . v. fines leuied of tithes ( in the time of richard the first , of king iohn , and henrie the third ) vpon writs of right of aduowson . vi. scire facias by the patentees against the pernor of tithes granted by the king. vii . command of paiment by the kings writ . and of tithes in forests . triall of the right of tithes incident in some issues . as a corollarie to the former parts that directly concerne the payment or consecration of tithes , we thought fit to adde here in the conclusion of the treatise , the historie also ( but only the historie ) of the iurisdiction of tithes in this kingdom . it is cleer by the practiced cōmon law , both of this day as also of the ancientest times that we haue in our yeer books , that regularly the iurisdiction of spiritual tithes ( that is , of the direct and originall question of their right ) belongs , i thinke as in all other states of christendom , properly to the ecclesiasticall court. and the later statuts that haue giuen remedie for tithes infeodated from the crown after the dissolution , leaue also the ancient right of iurisdiction of tithes to the ecclesiastique courts . but how the difference of ages hath herein bin amongst vs , is litle enough known euen to them which see more then vulgarly . in declaration thereof , we shall aptly deuide the time tripartitly ; into that of the saxons ; that from the normans till about henrie the second ; and what intercedes from thence till this day . i. in the saxon times a iurisdiction of ecclesiastique causes ( among which you may reckon that of tithes , although not much signe of it , in exacting payment of them , appears in the moniments of that age ) was exercised iointly by the a bishop of the diocese , and by the shrife or alderman of the sciregemot , or hundred , or countie court , where they both sate , the one to giue godes right , the other for ƿuruldes right , that is , the one to iudge according to the laws of the kingdom , the other to direct according to diuinitie . and in the laws made for tithes by k. edgar and k. knout , you see vpon default of paiment it is ordaind , that the bishop and the kings bailife , or shirife , with the bailife of the lord of the land , should see that iust restitution should be made . particulars of the exercise of this kind of iurisdiction , i haue not seen . but at the norman conquest , this kind of holding ecclesiastique pleas in the hundred or countie court , was taken away . remember that as at this day most of the pleas ecclesiastique are in the ordinaries court within the diocese , so most suits in the secular or common law were viscontiel and held in the countie or hundred court of the shrife in those ancienter times , which may best be obserued out of one of the books of ely b the most especiall moniment that is extant , for the holding of pleas in the saxon times . that alteration at the norman conquest , was by a law made by the conqueror , and directed to all tenants in the diocese of remy , that was first bishop of lincoln whither his see was then translated from dorchester . and although it be sent in the direction by name to them only , yet it seems , it grew afterward to be a generall law , no otherwise then the statut of circumspectè agatis , that hath speciall reference only to the bishop of norwich . the words of it c as they are recorded , are , sciatis vos omnes & caeteri mei fideles , qui in anglia manent , quod episcopales leges , quae non benè secundum sanctorum canonum praecepta , vsque ad mea tempora in regno anglorum fuerunt , communi consilio archiepiscoporum meorum & caeterorum episcoporum & abbatum , & omnium principum regni mei emendandas iudicaui . proptereà mando , & regiâ autoritate praecipio , vt nullus episcopus vel archidiaconus de legibus episcopalibus amplius in hundret placita teneant , nec causam quae ad regimen animarum pertinet , ad iudicium secularium hominum adducant , sed quicunque secundum episcopales leges , de quacunque causa , vel culpa interpellatus fuerit , ad locum quem ad hoc episcopus elegerit & nominauerit , veniat , ibique de causa sua respondeat , & non secundum hundret , sed secundum canones & episcopales leges rectum deo , & episcopo suo faciat . which i rather transcribe here , because also it seems to giue the originall of the bishops cosistorie , as it sits with vs , diuided from the hundred or countie-court , wherewith , in the saxon time , it was ioyned . and in the same law of his , is further added , hoc etiam defendo vt nullus laicus homo de legibus quae ad episcopum pertinent se intromittat &c. ii. afterward , vnder the succeeding princes , till about henrie the second , it seemes , that the iurisdiction of tithes was exercised in both courts , as well secular as spirituall , and that by originall suit ; not only in the one by the first instance ( as regularly the later common law would haue it ) and in the other by prohibition only . i know , little proof will serue most men to iustifie , that the spirituall court had then a iurisdiction of them . but also some testimonie i haue seen of a particular recouerie of tithes in the bishops court in that age . the monks of northampton , vnder d king stephen , recouered two parts of the tithes of the demesnes of wullaueston against anselm de cochis , before robert bishop of lincoln , as ordinarie . in plenaria synodo coram roberto lincolniensi episcopo disrationauerunt , as the words are in a sealed charter of simon the second , earle of northampton , then liuing ; wherein hee testifies both the recouerie , as also anselme's confirmation of the same two parts , according to the recouerie , and addes also of his own volo & praecipio vt illam eleemosynam habeant & teneant liberam & quietam . and to this you may adde the appeales to rome from the audience of the archbishop of canterburie and other ecclesiastique conisans touching e tithes , that are ( as the ancientest precedents of any such ecclesiastique proceeding in england ) remaining among the epistles of iohn of salisburie , a great fauorite of thomas becket archbishop of canterburie in the beginning of henrie the second . in one of them it is obseruable by the way f , that one richard , the tenant of land lying within the parish of lenham , being sued in the audience by andrew the rector for his tithes , alledges in court , sibi a nobili viro willielmo fratre regis , domino suo , esse prohibitum , ne , eo absente , super decimis de quibus agebatur , causam ingrederetur . yet the court ceased not therefore to proceed ; but sentence being readie to be giuen for the rector , the cause was sent to rome , vpon the defendants appeale . and although the g title were only vpon the grant of him that arbitrarily consecrated , yet was it somtime determined in the spirituall court. but also that in this elder age before about the time of henrie the second , the kings secular courts of iustice originally held plea of the right of tithes , is as plain by infallible proofe of ancient moniments . to begin with the eldest times of this part of our diuision ; there remaines h yet recorded a plea held apud fulcardi montem , vnder william the second , betweene the monks of salmur and philip de braiosa ; wherein , the monks claiming against him and the abbey of fischamp ( in normandie ) parochiam quae ad sanctum cuthmannum pertinet de castello de staninges ( these are in england , i thinke in sussex ) de bedingas , & de bedelingtona ; by the testimonie of robert earle of mellent , a iudgement of the conquerors time is cited , by which the abbey of fischamp had the parish of s. cuthmann adiudged to it in the kings court. and thereupon ( it being denied by none ) it was now again adiudged , that the monks of salmur should restore whatsoeuer they had taken post mortem regis in decimis & sepulturis & offrendis &c. to the church of fischamp . and while some delay was in the execution , the king sent his writ ad iusticiarios suos de anglia , that is , to ralf bishop of chichester , randoll his chaplaine , hamon his sewer , and vrso de abetot , whereby hee commanded , vt facerent ecclesiam s. trinitatis ( that is , of fischamp ) habere totam parochiam s. cuthmanni & decimas & corpora & omnes custumas tam de viuis quam de mortuis sicut pertinebant ad praedictam ecclesiam s. cuthmanni antequam willielmus de braiosa haberet castellum de bembra ( bramber castle , in sussex , giuen by william the first to william de braiosa ) & quicquid de supradictis custumis monachi de salmur ceperint reddi . the right of tithes and offerings appeares here plainely to haue been determined in the temporall court by two iudgements , the one vnder the conqueror , the other vnder his sonne william . and it is found vpon record , that about i . hen. . a writ was sent to manasses arsic , out of whose lands , diuers tithes were conueyed into the monasterie of fischamp , commanding him , quatenus decimas a parentibus suis inuiolabili iure concessas & datas fiscamensi ecclesiae , monachos suos apud coges degentes omnes in pa●e & quiete habere faciat ; sinon , iustitiae regis facerent . whereupon he sends his precept to all his tenants of such lands , commanding them to make payment . si quis autem aliter ( saith he ) facere praesumpserit regis irae & nostrae poenam sine dubio patietur . so among the liberties of saint iohn of beuerley k , this writ is found of henrie the first . henricus rex anglorum osberto vicecomiti de eboraco & geraldo de bridesala salutem . praecipio vobis , vt faciatis habere ecclesiae sancti iohannis de beuerlaco , decimas suas sicur vnquam melius habuit , in tempore regis edwardi & patris mei , de illis videlicet terris omnibus de quibus homines comitatus eboraci testimonium portabunt quod eas habere debent . et quicunque detinuerit , sciatis quod ego volo vt rectum faciat deo & s. iohanni & mihi . t. ran. cancellario , & comite de mellet , apud londonias , &c. what is this else then a kind of iusticies to the shirife of yorkeshire , for the right of tithes determinable by the countrie ? doth not homines comitatus eboraci denote as much ? of the same time also , in a l volume of constitutions & other things belonging to the church of york : henricus rex anglorum osberto vicecomiti de eboraco salutem . mando tibi & praecipio vt archiepiscopum girardum permittas & facias honorificè tenere ecclesias meorum propriorum maneriorum quas s. petro & eidem dedi cum omnibus capellis suis , & cum omnibus decimis suis , & cum omnibus terris suis , videlicet ecclesiam de bokelinton , & de driffeild , & de killum , & de pickering , & de burgo . waltero & euremaro ministris de driffeild praecipio vt decimas de hoc praeterito augusto , quas non reddiderunt , plenariè reddant sicut ecclesia eas iustè habere debet & sicut vnquam eas melius habuit tempore patris mei siue meo antequam eas dedissem s. petro , & videant ne ampliùs inde clamorem audiam . si quis inde iniuriam fecerit archiepiscopo , tibi , osberte vicecomes , praecipio vt plenariam rectitudinem inde facias . teste rogero episcopo sarisburiense apud westmonasterium in natali domini . and another is there , in these words : henricus rex anglorum ansch. vicecomiti & omnibus praepositis & ministris suis de driffeild , & de pokelinton , & de killum , & de pikering , & de burt , salutem . volo & praecipio quod faciatis habere hugoni decano & clericis suis benè & plenariè omnes rectas decimas de dominijs meis in omnibus rebus per haec praedicta maneria mea & de omnibus parochianis , qui ad ecclesias horum praedictorum maneriorum meorum pertinent . similitèr facite ei habere benè & plenariè & decimas & omnia iura praedictarum ecclesiarum in terris & capellis . quia pro salute animae meae & omnium antecessorum meorum beato petro eas concessi in eleemosynam . nolo autem quod pro recti penuriâ quicquam perdant quod iustè habere debent . t. apud eborum . and about . hen. . when turstin fitz-simon vsurpt the tithes of mercham , belonging to the abbey of abingdon , one of the monks were sent ouer to the king into france , vt per eius iustitiam & autoritatem ( as my m autor saies ) rectum suum ecclesiae suae restitueretur . quod & ita factum est . rediens enim frater qui missus fuerat breue à rege transmissum in haec verba reportauit . then the writ followes , directed from tours to the shirife of barkshire . henricus rex angliae & dux normanniae & aquitaniae & comes andegauiae , vicecomiti suo & ministris suis de berchesira salutem . si ecclesia de abbendona habuit decimam de mercham ad luminare ecclesiae tempore henrici regis aui mei & anno & die quo fuit mortuus & viuus & post , & inde sit disseisita iniustè & sine iudicio , tunc praecipio quod sine dilatione inde eam resaisiatis , et ita benè & in pace & liberè & iustè tenere faciatis sicut meliùs & liberiùs tenuit tempore henrici regis aui mei , et praecipio quod quando turstinus filius simonis redierit in anglia , quod abbas abbendoniae plenum rectum habeat de terra quam praedictus turstinus filius s. tenet de feudo abbatiae . et si abbas poterit disrationare quod non defecerit de recto praedicto t. in curia sua , abbas inde ei in curia sua rectum teneat . t. magistro iohanne de oxenford apud turonem . the shirife , by vertue of this writ , vpon enquirie of the point of it in his countie-court , restored the abbey to the possession of those tithes . the words of the booke are , cum verò per lectum esset regis breue in pleno comitatu & manifestè compertum totius comitatus testimonio n quoniam praefata decima ad luminare altaris s. mariae pertineret , & quod eam turstinus iniustè tenebat , vicecomes ex parte regis illum dissaisiauit , & eam altari cui adiacebat restituit . what can be plainer , then that in those times ( if these examples haue credit , as indeed they cannot iustly be impeached ) the temporall courts held iurisdiction of tithes in point of right ; and not only the spirituall . and to confirm it , we adde also the autoritie of iohn of sarisburie o that then liud . he in an epistle to the bishop of excester relating some of those positions of the common laws ; or the auitae consuetudines ( as they called them ) which thomas archbishop of canterburie about . of hen. . so much withstood , mentions one to be quod laici , siue rex , siue alius , causas de ecclesijs & decimis tractent . which well agrees with the autorities before cited . but this was vtterly disallowd then by the pontificiall laws , as , beside the autoritie of the common canons , may be seen in an epistle of alexander the third , to the p bishop of exceter and the dean of chichester , wherein it appears , that one william a clerk of chichester had appealed to the pope about tithes , the suit being twixt him and the parson of curket . and the parson had on the other side appealed ad audientiam domini regis . whereupon saies the pope , quoniam nemini liceat super rebus spiritualibus ad secularem iudicem appellare , they should enquire of the matter , depriue the parson , and send him to rome . iii. the frequencie of such originall suits for tithes , in the temporall courts ( through the canons and the power of the pope increasing , and growing more dreadfull to henrie the second , and king iohn ) became about their times to be , it seems , more out of vse , and possessed rather by ecclesiastique iurisdiction . neuerthelesse in the sundrie ages since , the determination of the right and payment of tithes hath been subiect to the temporall courts , by diuers kinds of originall proceeding , which for orders sake may be all comprehended in these fiue . i. by prohibitions touching the modus or customs of tithing , or other matter concerning the kings q right , triable only in his own court , or the like . ii. the writ of right of aduowson of tithes , wherto you must annex the writ of indicanit , that is but a speciall prohibition making way for the writ of right of aduowson . iii. by scire facias iv. by bare processe of command of payment . v. by the actions vpon the late statuts of . hen. . and ed. . for the first and last of these ; because they are now both in common practice , and thence known enough in generall to euery man , i abstain purposely to speak more of them ; sauing only that for the first ; out of the more ancient ages , i obserue somwhat by the way which may belong to the vse of the present . in . hen. . when all the clergie of england , in the nationall synod held at london , vnder otho the popes legat , made subplication to haue redresse from the king , of some grieuances , r one was , quod iudices seculares non decidant causas ecclesiasticas in foro seculari &c. & vtrum dandae sint decimae de lapicidinis , vel syluicedijs , vel herbagijs , vel pasturis , vel de alijs decimis non consuetis . which shews that the temporall courts also in those elder times , determined what was titheable or not , & so made prohibitions de non decimando , according to the processes in france vpon their philippin , and in spain vpon the carolin , and according to that note in the s register and t fitzherbert touching the iustices determination of what is titheable . agreeing to this is a case of . hen. . u where in a prohibition was granted against a parson that sued for the tithes of rent . but you shall haue it as it is in the record . warwick . magister eustachius de cestreton attachiatus fuit rd respondendum hugoni de lege , quare contra prohibitionem &c. trahit eum in placitum in curiam christianitatis de laico feodo ipsius hugonis in cestreton ; vnde idem hugo queritur quod ipse exigit ab eo in curia christianitatis de certa pecunia pro decimis molendinorum , & certum pratum , scilicet tres acras prati , & praetereà de wareto suo ; & de terris incultis si illas locauerit ipse petit decimum denarium &c. et magister eustachius venit & defendit contra eum & contra sectam suam , quod nunquam traxit eum in placitum de aliqua re certa nisi tantùm de decimis faeni & molendinorum sicut decimae inde dari debent , nec aliquam acram prati petit nec denarios de molendinis , nec aliquid de wareto vel terra nisi tantùm garbas ; & ideò praeceptum est eidem eustachio quod de nullo placito de caetero sequatur in curia christianitatis ▪ nec de aliquo laico feodo nec de aliquo quod sit contra coronam domini regis . but , to leaue this and to go to the ii. and iii. and iv. courses of proceeding for tithes in temporall courts , which are not so obuiously known ; for the ii. touching the writ of right of aduowson of tithes , and the indicauit . it hath bin cleer euer since the statut of westminster . cap. . and of circumspectè agatis , both made in . ed. . ( this as well as the other long since being receiud into practice by the name of a statut , and so called in acts of parlament ; although it were anciently reputed rather as an ordinance made x by the king and prelats ) that if a. parson of sale ( for examples sake ) libell against b. parson of dale in the spirituall court , for so much tithes and offrings , possessed by b. as amount to the fourth or a greater part of the value of the church of dale , b. may haue him prohibited by an indicauit directed to him and the spirituall iudge , after which the patron of a. hath no other remedie for himselfe or his encumbent ( what right soeuer they haue ) then to bring a writ of right in the cōmon pleas , of the aduowson of that fourth part , against the patron of b. in which writ , the right of those tithes must be tried by the common law. and herewith expresly agrees the statut of articuli cleri . and the reason is because that if the determination of this plea should be allowd to the spirituall court , then might the patrons aduowson of such a part be there lost by iudgement according to the canons , whereas the right of aduowson and patronage of churches or tithes only belongs , by our ancient laws and at this day , to the secular court. neither is the writ so much of the tithes as of the aduowson of the tithes ; praecipe a. ( so are the words ) quod reddat b. aduocationem decimarum tertiae vel quartae partis ecclesiae de c. &c. and howeuer by the canon law the right of tithes be meerly spirituall , and so not due to the rector so much by reason of his presentation from the patron , as of the common right challenged by the ministerie ( whereupon also a lindwood , like a canonist , thinks it not preiudicall to the patron , which way soeuer the tithes alone be determind of , in regard that all the patrons interest is , hee saies , originally in the foundation , building , or endowing of the church with manse , glebe , or rent , and hath no relation to the tithes which by common right are receiud without his donation ) yet by reason it seems both of our ancient practiced law of dotation of churches by arbitrarie conueiances of tithes , at the owners pleasure , in which doubtlesse patrons very frequently b encreased the reuenues of foundations with the tithes of their demesnes ; as also of that other ancient vse of inuestiture , wherein the very interest of all the glebe , tithes annext ▪ and other reuenues , was transferd into the encumbent by the patron ; it was thought fit that the aduowson of the tithes alone should be equally reputed , for what concerned the patron , with any other part of the churches reuenue . and the law hath been cleer thus , and so still practiced c since the statuts before cited . they permit not the spirituall court to hold plea of tithes of the value of the fourth part , where the patronage is questionable ; but will haue the aduowson thereof tried alwaies by the common law after the prohibition of indicauit , which ( being purchased aswell at the suit of the patron as of the parson ) recites that the parson defendant in the spirituall court tenet d medietatem or quartam partem omnium decimarum prouenientium de &c. de aduocatione of the patron &c. and then , quia manifestum est quod praedictus the patron iacturam aduocationis decimarum praedictarum incurreret si praedictus rector in causa illa ( that is the parson plantif ) obtineret , vobis prohibemus ne placitum illud teneatis in curia christianitatis donec discussum fuerit ad quem illorum pertineat earundem decimarum aduocatio . and then according as the right shall afterward be tried in the writ of right , the spirituall iudge is to giue e sentence . the same statuts allow , to the spirituall iurisdiction , conisans of the fift , and of all parts lesse then a fourth of the value of the church in tithes controuerted twixt two parsons . and no indicauit f is grantable to forbid the suit of one of them , commenced for any lesse part , in respect of the patrons right only . neither vpon them , by consequence , hath any writ of right of any part of tithes that g appears not to be a fourth part of the churches value , been allowable . but , for this point ; how the law was before those statuts of . ed. . is a great question in our yeer books , and diuers are the opinions touching it . some h think that before the statut of west . . cap. . ( out of which , ioind with circumspectè agatis , they limit the indicauit to the fourth part ) no writ of right of aduowson of any tithes lay by the common law. others ghesse that before that time a prohibition or indicauit lay vpon euery suit in the spirituall court i for tithes , and that the patron might haue had his writ of k right vpon such prohibition against the suit of his encumbent , either of a fift or sixt part , and that these statuts restraind him to the value of the fourth part at least others haue herein other fancies . but , it is plain first , that long before those statuts , tithes were demandable , of the owner detaining them , of their own nature , and pleadable , in the spirituall court. and that affirmd in fleta , was regularly before true . decimae l in quantum decimae ( it suits against the parishioners ) debent in foro ecclesiastico intentari , wherewith bracton , * liuing in the time of henrie the third , also agrees . but it is as plain that before those statuts , if the rectors of two churches of seuerall auowries , had controuerted the right of a fourth part ( or of the value of either of their churches more ) in tithes , by suit commenced in the spirituall court , the patron of the rector-defendant might haue had an indicauit , to prohibit the prosecution and holding of the plea. bracton teaches vs that ; and hath the forme of the writ to the same purpose , and giues his reason , quia posset patronus , iacturam suae aduocationis incurrere . but somwhat doubtfully he limits the quantitie of the tithes to the sixt part at the least , beyond which denomination the indicauit , hee thinks , lay not for any part . his words are : si contentio fuerit inter rectores de aliquibus decimis quae aestimari possunt vsque ad quartam , quintam , vel sextam partem aduocationis , vltra quam partem non extenditur prohibitio vt videtur , tunc fiat iudicibus ( ecclesiasticis ) prohibitio in hac forma . rex talibus iudicibus salutem . indicauit mihi &c. but he mentions no writ of right of aduowson of tithes that should follow . hee saies indeed that vpon the indicauit , by consent only of the patrons , there may be an enquest taken ( the iurie being returnd into court by venire facias or distringas had by petition of them so consenting ) tanquam de aduocatione , to find vtrum talis praesentatus à tali patrono recentèr fuerit in seisina de talibus decimis tanquam spectantibus ad ecclesiam suam quam tenet de praesentatione talis patroni sui , vel si talis alia persona inde fuit in seisina tali tempore vt de decimis spectantibus ad ecclesiam suam talem quam tenet de aduocatione talis patroni sui . but how euer bracton's owne opinion ( yet doubtfully ) be , that the indicauit might bee brought for the sixt part , and for no lesse , yet , it seemes , the practice of the age was otherwise . and that no determination was in his time , nor before . edw. . of any certaintie therein ; which is expressely deliuered in the grieuances comprehended in the nationall m councell of london in . hen. . where all the clergie entreated otho the popes legat , that hee would perswade the king to alter and correct certaine proceedings , quae fuerunt in regno angliae in praeiudicium libertatis ecclesiasticae ; among which , one is , item ne currat prohibitio ( you must vnderstand the indicauit ) ne iudices ecclesiastici cognoscant de iure pat●onatus quominus clerici possunt petere decimas tanquam de iure communi ad ecclesias suas pertinentes . quia patroni ecclesiarum vel capellarum quae decimas petitas possident , dicunt per talem petitionem iuri patronatus sui derogari , & nolunt iusticiarij domini regis iudicare quota pars decimarum peti possit vel debeat coram iudice ecclesiastico . and another , item ne currat prohibitio domini regis , ne rector parochialis ecclesiae impetat eos qui percipiunt decimas infra limites parochiae suae . by both which , compared with the ancient bookes , it appeares , that the kings prohibition lay commonly , if the aduowson of the tithes were between two persons questioned , and that also ( for aught occurres to the contrarie , except bracton's coniecture ) if any part of the tithes or the aduowson ( which in such a suit were reputed as one ) had been controuerted . to these testimonies may be added this , in the epistles of the most learned n robert grossetest bishop of lincolne vnder henrie the third , whereby the course of indicauit is proued , and also taxed for iniustice against the libertie of the church . thus is it spoken of among other grieuances of the clergie . item in ecclesiae libertatem non mediocritèr delinquitur , cum iudices ecclesiastici , ne causas quas notum est purè esse ecclesiasticas in foro discindant ecclesiastico , à domino rege prohibentur . vt per literas regias inhibetur ne iudex ecclesiasticus iudicialitèr cognoscat vtrum ecclesia vel capella talis loci sit capella matricis ecclesiae alicuius alterius loci , & vtrum decimae talis terrae ad hanc vel ad illam pertineant ecclesiam , eò quòd si actor in huiusmodi causâ euincat possessionem , ecclesiae rei contingeret imminui ac per consequens , vt aiunt , ius patronatus eiusdem ecclesiae deteriorari , ecclesiâ ad quam patronus praesentabat effectâ minus pingui . accideret namque ratione consimili , omnem causam super possessionem vel quasi possessionē ecclesiasticam inter duos rectores duarum ecclesiarum diuersorum patronatuum emergentem , ne ventilaretur coram iudicibus ecclesiasticis a domino rege debere prohiberi ; eo quod actore in huiusmodi causa euincente , cōtinget semper ecclesiam rei imminui ac per hoc , secundum quod dicunt , patronatum eiusdem deteriorari . consequetur autem & sic quod huiusmodi causae ecclesiasticae nunquam discindentur . a seculari enim iudice discindi non poterunt , neque ab ecclesiastico iudice , obstante regiâ prohibitione . fortè autem nec consequitur quod in huiusmodi casu , euincente actore , imminuetur patronatus alterius ecclesiae . non enim minus est patronus qui minoris ecclesiae est patronus , sed nec minùs est pater qui minoris hominis est pater . patronatus enim seu ius patronatus non intenditur vel remittitur ex maioritate vel minoritate rei cuius est patronatus . praetereà sed tubera & ea quae contra naturam excrescunt in carne hominis non augent ipsum hominem , & medicinalis abscissio innaturalium huiusmodi excrementorum ipsum hominem non imminuit sed potius pulcrificat & sanat . ita iniustè possessiones & quasi possessiones ecclesias ipsas non augent sed deturpant , & earum abscissio per iustum iudicium non est ecclesiarum imminutio , sed potius pulcrificatio quaedam & sanatio ; vnde & patronatus seu ius patronatus per huiusmodi abscissionem nullo modo potest imminui vel deteriorari , sed multò ampliùs emendari . i faithfully relate it , and censure not the arguments . you may doe that , reader , while you smile at the magis and minus in it . but also , although the indicauit prohibited the spirituall court , yet it seemes the temporall , before the statute of westminster . and after the time of henry the second , or thereabouts , held no plea of right of aduowson of tithes , except only vpon inquest taken by consent of both patrons . something , as you see , might be tried in it . may we not conclude then , that the same statut , in those words , habeat patronus rectoris sic impediti breue ad petendum aduocationem decimarum petitarum , was the first autor ( at least after the change about the time of henrie the second ) of the writ of right of aduowson of tithes ? which also is well iustified by the pleading of the abbot of selbies case , within six yeeres after the statute , wherein the parties ( according to the fashion of argument in pleading of that time ) agree , o quod breue de quarta parte decimarum primo locum habere caepit à tempore statuti regis nunc apud westmonasterium inde editi &c. neither rests any scruple , touching the fourth part , why the prohibition in the indicauit and the writ of right , should bee of the fourth part only , or of a greater , although the statute of westminster . speak of no certaine part . for , that of circumspectè agatis ordaines , that no prohibition or indicauit should lye , where the part controuerted is lesse then a fourth ( it being before grantable vpon such suit for a sixt part , by bracton's opinion ; and it seems indeed , vpon suit for any part ) and the statute of westminster the . giues the writ of right only where the indicauit is first sued . and for this matter of indicauit ( which concernes properly suit between rector and rector , not between the rector and the parishioner ) take as a note by the way the aduice of the bishops among themselues in . hen. . against the temporall courts . in the annales of burton it is extant , & thus speaks . concilium archiepiscopi & omnium episcoporum super articulis propositis apud london . petit persona ecclesiastica decimas coram iudice ecclesiastico . iudicanti & petenti porrigitur regia prohibitio nomine patroni ecclesiae cuius rector conuenitur , ne super aduocatione seu patronatu ecclesiae iudex ille cognoscat ; si actor prosequatur & iudicantis officium * assumat , vterque attachiatur & attachiati veniunt consilium tale est , quod si iusticiarij causam decimarum sub colore querelae aduocationis ecclesiarum ad se trahere velint & de non prosequendo vlterius causam decimarum in foro ecclesiastico & iudice siue a parte securitatem exigunt , in nullo eis caueatur . et si propter hoc aristentur , per loci diocesanum requirantur siue per episcopum proprium . et si libere non tradantur ecclesiae , competenti monitione praemissa excommunicentur iudicantes & detentores . et si queratur a iudice quota pars vel quanta petatur , non respondeatur . but this aduice of theirs was to litle purpose , nor durst they , questionlesse , haue put it in execution . the statuts of westminster the . and circumspectè agatis gaue them some remedie ; whereof enough alreadie . iv. of writs of scire facias , graunted to call men to answer in the chancerie for tithes , sufficient testimonie is in the statute made for the clergie in . ed. . chap. . item que per la ou briefs ( so are the words ) de scire facias eient este grantez a garnir prelates , religieuses , & autres clerks a respondre des dismes en nostre chancellarie & a monstre s'ils eient riens pur eux ou sachent riens dire pur quoy tielx dismes a les demandants ne deuient estre restituees & a responder auxibien a nou● come a la partie de tielx dismes &c. by this it appeares , that some vse was to graunt such writs for tithes . whence also fitzherbert well inferres , that the right of tithes was determinable in the kings court. but wee haue not in our yeere-bookes any case of further declaration of that vse before the statute . but out of good ground you may coniecture , that in these three speciall cases , writs of scire facias were grantable anciently for tithes , and that in those times , before the statut ; either vpon the title of the demandant , first found by inquest , to the tithes , or returnd by the shirife ; or out of fines , it seemes , leuied of tithes ; or vpon patents of tithes legally graunted by the king , when , against the grant , any clergie man by the canon law took them from the patentee . of all these , there is faire proof enough . but the third ( it seems ) hath principall reference to that statute , as shall anon be shewed . for the course of taking an inquest by commission , which being returnd , might be sufficient ground for a scire facias , it appeares in escaet . . ed. . numer . . that a commission was sent to adam of eueringham , steward of the forest of shirewood , to enquire by oath of the foresters and verderors , whether the priors of lenton had vsed to haue all tithes of the kings venison , taken in the countie of notingham , which they claimed per cartas quorundam praedecessorum &c. and in the inquisition returned , it is found , that they had vsed to haue it , and that first by the grant of p king iohn . and in the same bundell , num . . a commission is to nicholas of stapleton , commanding him to enquire , whether the prior of wyrkesep ought to haue the tithes of all profits of the mannor of gringeley ; nobis super iure prioris in hac parte & facto contrario ( that is , the subtraction of them by henrie de alemannia , against whom the prior complaind ) certiorari volentibus &c. whereupon the commissioner returnes , that the priorie had right by prescription , and that henry de alemannia had subtracted them . what could be more proper , then to haue a scire facias vpon the inquisition , according to the intent of that preample of . ed. . in which scire facias , the right might be tried between the parties , and so iudgement be giuen ? to these may be added that in inquis . ad quod damnum . ed. . num . . where , per petitionem q in consilio , the abbesse of godestow hath a writ directed custodi equitij sui de woodstock &c. which relates that ex parte dilectae nobis in christo abbatissae de godestow per petitionem suam coram nobis in consilio nostro exhibitam , nobis est ostensum quod cum per cartas r progenitorum nostrorum quorundam regum angliae concessum sit ei , quod ipsam decimam omnem in manerio nostro de wodestoke , & parco nostro ibidem per annum renouantium percipiat & habeat , praetextu cuius . the abbesse and her predecessors had enioied it , and that the bailife kept from her the tithe of the colts , bred in the same park ; wherefore it commands him to restore them if they be so due ; which supposes , i think , that he should return an inquest or some discouerie of the truth or falshood of the plaintifes pretence , although indeed this example may serue also for that part of our diuision of this kind of proceeding which touches patents . but to that writ is annext the return , that is , the bailifes acknowledgment in french of her right . his name is william beauxamys . so in escaet . . ed. . num . . a commission is sent out to enquire of the right of the tithes of the demesnes of the kings castle of tikhull , which the prior of s. oswald claimed . the enquest was taken of it at le faure okes , in the confines of yorkeshire and nothingham . and in it the particulars of the right are returned . and what should want , that vpon such returns , writs of scire facias might not haue been granted . we omit that before cited out of the parlament rols of . ed. . s and light also to this practice in the temporall courts of that elder time , may be had from other cōmissions or processe in the rolls ; as from that sent by henrie the third into ireland , to the archbishop of cassile , the bishop of ferne , and the bishop of lismore , commanding them , that , taking with them ieffrey de marisco then iustice ( or lord deputie ) of ireland , or some other whom hee should appoint , they should enquire by the othes of both lay and clergie men , whether bartholmew de camera parson of the chappell of limeric , or william of caerdiff treasurer there , had seisin of the tithes , de piscaria & molendinis de limeric , tempore ioannis regis patris nostri ante guerram motam inter ipsum & barones &c. but it may be also that these enquests or returns made of the title to tithes by the shrife , were only in case where the tithes increased out of the kings demesnes , or perhaps immediat tenancies . the examples seem not to go further ▪ and in t . ed. . a petition was exhibited in parlament by one piers a chaplain of the earle of sauoy , against the prior and couent of lewes , for a tithe giuen him by the prior and couent in the parish of westun , in the diocese of ely , whereof another grant had been afterward made by them to one richard de meuton ; and piers beseeches the king to send his writ to the shrife of cambridge , to put him in possession ; but this answer is indorsed . rex non intromittit se de hijs quae talitèr spectant ad forum ecclesiasticum ; sed prosequatur ius suum versus clericum qui tenet ecclesiam , coram ordinario . here was an expresse exclusion of the temporall iurisdiction in such a case , where an originall writ or commission was commanded to setle or inquire of the right of tithes , that toucht only common persons . but wheneuer through such means the title appeared vpon record , i vnderstand not why a scire facias might not aswell be issuable ( although i haue not met with an expresse example of that kind ) as in the last course that is vpon the title appearing in patents of the king or his ancestors . v. for that second ground of writs of scire facias , which we suppose to be fines , leuied of tithes ; why was it not as likely that vpon such fines leuied , writs of scire facias should lie as vpon any others of lands or rents . and that fines of the right of tithes were in the kings courts anciently leuied , is manifest : not as i remember vpon writs of couenant , which yet may ( for aught i know ) at this day be brought , in the temporall court , for spirituall u tithes , in regard no tithes but damages are only to be recouered ; but chiefly in writs of right of aduowson . for example , in fin. trinit . . r. iohannis wilt. apud windlesore coram ipso rege , simone de pateshulle , iacobo de poterna , henrico de audemero iusticiarijs & alijs domini regis fidelibus tunc ibidem praesentibus . vpon a writ of right of aduowson brought by ascelina abbesse of wilton , against henrie of abeny for the patronage of the chappell of the greater wicheford , the concord is , that the abbesse grants it to him in fee , sauing a pension of two shillings yeerly to the church of neweton , being a prebend of wilton . et pro hac recognitione & quieta clamatione & fine & concordia idem henricus remisit & quietum clamauit de se , & haeredibus suis praedictae abbatissae & ecclesiae sanctae edithae virginis in wilton , & eiusdem loci conuentui , all his right in certain lands , & recognouit & concessit omnes decimas de dominico suo in maiori wicheford , esse pertinentes ad praedictam ecclesiam de neweton , quae est praebenda de wilton sicut eas habere solet , excepta decima bladi proueniente ex viginti acris terrae quas persona praedictae capellae elegerit de dominico ipsius henrici . quam decimam persona per henricum praedictum , vel haeredes suos ad praedictam capellam de wicheford praesentata , & admissa per visum personae quae praedictam praebendam de niweton habuit , vel per visum balliui eius debet recipere in autumno , sicut ab antiquo recipere consueuit . the record is worthy of speciall obseruation . and in the leiger book of the priorie of merton in surrey , a fine is of pasch. . r. ioh. before the king and the same iustices , between william de cantelupo defendant , and walter prior of merton , vpon the right of aduowson of the church of eyton , wherein it is agreed that the chaplain of the demandants in eyton , shal not take à parochianis eiusdem ecclesiae nec in decimis , nec in oblationibus , nec in confessionibus &c. but leaue them all to the parish church of eyton . and in this , some may , as in the other , note the pretended interest of the patron , in disposition of any of the reuenues of the church . which anciently claimed , while inuestitures continued , was not as yet omitted in these legall proceedings or instruments , that is , fines ; which are of greatest curiositie . and according hereto is a fine of . rich. . leuied between the prior of stanes and alice hopton , of the aduowson of the church of cheklegh in staffordshire , where alice as patronesse grants to the priorie , among other things , omnes decimas villae de northmankote in perpetuum quae est de eadem parochia , that is of cheklegh . and in the a chartularie of gisburn , in a fine of . hen. . between peeter de bruis plaintif , and iohn prior of gisburn ( in the prouince of york ) defendant , in droit d'aduowson , peeter grants vt ius suum omnes decimas superscriptas quas &c. the like also doth he in a fine of . hen. . there transcribed . and in . hen. . also , of which more particular mention is before made . vi. but for writs of scire facias brought vpon the third ground , that is , in case where the title appears vpon record in patents made of the tithes from the king or his predecessors ; take this speciall example of . ed. . a writ was directed to the shrife b of essex , relating that maude , quondam regina angliae , granted to the deane and canons of the kings free-chappell of s. martins in london , the churches of witteham and chersinges , cum capellis & decimis &c. and that they were thereof and of the tithes of witteham and cheresinges , seised till . ed. . and that since the abbot of saint iohns of colchester took from them two parts of the tithes &c. et quia nos omnia & singula iura liberae capellae nostrae supradictae manutenere volumus & tenemur , & ea quae substracta fuerint siue iniustè occupata reuocare , tibi praecipimus quod scire facias nunc abbati quod sit in cancellaria nostra in quindenam s. iohannis baptistae prox . futurum vbicunque tunc fuerit ad respondendum tam nobis quam praefatis decano & capitulo de vsurpationibus , occupatione , & detentione dictarum duarum partium decimarum praedictarum & ad ostendendum si quid pro se habeat vel dicere sciat quare dictae duae partes decimarum earundem eisdem decano & capitulo adiudicari non debeant , & ad faciendum & ad recipiendum vlteriùs quod curia nostra considerauerit &c. teste &c. apud westmonast . . iunij anno regni nostri . per regem & consilium . this writ was returnd with scire feci by h. garnet shrife of essex , and by consent of the parties it is referd to mihelmas terme following in statu pro nunc . the writ is both in part . and . of that yeer , but to that in part . which is of trinitie terme , a plea of the abbots is annext in these words . et praedictus abbas per atturnatum suum dicit quod praedicti decanus & capitulum per breue suum non supponunt quod ecclesiae de witteham & cheresinges sunt de fundatione dictae liberae capellae domini regis , sed quod illas ecclesias tenent de dono matildae quondam reginae angliae post fundationem dictae liberae capellae , & dicit quod tempore doni , praedictae ecclesiae fuerunt in iurisdictione ordinariâ videlicet episcopi london . & continuè post donum hucusque fuerunt & ad huc sunt in praesenti in iurisdictione ordinaria . et dicit quod praedictae ecclesiae fuerunt visitabiles & visitatae per episcopos london . in visitationibus suis à tempore à quo memoria non extat . & praedicti decanus & capitulum per breue suum petunt decimas quas supponunt esse parcellam earum ecclesiarum quae sunt in iurisdictione ordinaria in forma praedicta , & sic decimae illae sunt merè spiritualia & non placitabilia nisi in curia christianitatis ; per quod non intendit quod curia ista in hoc casu cognitionem habere debeat . here it appeares , that the counsell of the abbot of colchester defendant , supposed that the conisans of the tithes was spirituall only , vnlesse they were originally part of the kings free chappell . how the case was determined , appears not . but in the next parlament following was a petition exhibited by the clergie in those words before cited § . iv. complayning of the granting of such writs of scire facias , and vpon that petition the king answered , que tielx breifs desore nauant ne soient grantes , & que les proces pendant sur tielx breifs soient anentes & que les parties soient dismisses deuant secular iudges de tielx manner de plees salue a nous nostre droit tiel come nous & nostre ancestors auoient ewe & soloient auer de reson . i think we need not doubt but that this very case of the abbot of colchester was no small cause of that petition of the clergie . and you see mention is , in the answer , of some writs hanging , whereof this is most likely to haue been one . but howeuer the petition was answered , and although out of this petition and answere that act of . ed. . hath been receiud among our statuts , and commonly goes for one , yet might it deserue further consideration then i will here seem to take of it . only i admonish that within foure yeers after , a scire facias was b brought by a patentee of tithes in the forest of inglewood , and that against a prior being pernor of them ; and by iudgement the writ was allowd without mention or the least regard had of that act. why that was so , or what force the act hath , let others examin ; i purposely abstain . vii . but for processe of bare command of payment of tithes , or the like ; when the title was by patent cleerly supposed true , the shrife or other officer was sometimes commanded by writ to take order that the demandant might enioy his tithes . as in claus. . hen. . part . . membran . . the king directs his writ to brian de insula keeper of the forest of shirewood , telling him , that pro salute animae domini ioannis regis patris nostri concessimus monachis de basingwere , quod percipiant hac vice vsque ad festum s. michaelis anno regni nostri vii . decimas de bladis seminatis in defenso nostro inter blakebroc & glossop , & ideo vobis mandamus quod ipsos monachos hac vice sine impedimento permittatis decimas praedictas percipere . t. &c. and such more somtimes occurre . but this , and the most of that age that are of this matter , indeed appeare to haue bin of tithes in a forest also , as that of . ed. . is in the booke of assises ( which happened after the statute of . ed. . ) and you may remember those before cited out of . ed. . and . ed. . in chapter xi . § . iii. and the example of . ed. . before rememberd touching woodstock parke . so in rot. claus. . hen. . part . . membr .. . the bishop of salisburie hath his fiftie shillings yeerely nomine decimae , out of new-forest ( which c henrie the second had granted to his church by the name of omnes decimas de noua foresta &c. ) and other like out of other , paid him by writ to the sherife ; and in rot. pat. . hen. . membrana . part . . eustace bishop of london hath the tithe of the kings venison , taken in the forest of essex , ( according to king d iohns graunt ) by writ directed to the foresters and bailifes of that countie . neither would they ( it seemes ) in that age permit any suit for the tenths of venison or beasts of the forest in the spirituall court , ( although those tenths were most commonly setled in one church or another by grant ) as may be seen in e mich. . & . hen. . rot. . where iohn fitz-robert , in an attachment vpon a prohibition against philip of ardern clerk , in the pleading allows , that for tithe of hay and mills , the prosecution in the spirituall court was lawfull ; but hee further sayes , that de decima bestia forestae eum implacitauit contra prohibitionem &c. and herewith may be considered also the kings f command , sent to the constable of windsore castle , that the church of saint iohn in windsore should haue decimas gardini regis de windleshores . but out of these all ( as out of the examples before brought of commissions to be returned ) it may perhaps be collected , that only the tithes of the kings lands , or belonging to his churches , were to be ordered or commanded to be paid by these kind of processes . i confesse i haue not seene enough to perswade me otherwise , for the time after about king iohn or his neere predecessors . yet , that as i leaue the iudgement of all , which historically i relate to the able reader , so i may not defraud him of what in any kind may giue light ; here i offer him also this writ of . hen. . that seems to touch the temporall courts determination of the right of such tithes , as , for aught appears , belonged neither to the kings churches , nor were encreasing in his demesnes or immediat tenancies . henricus dei gratia rex * angliae & vicecomiti hertford salutem . licet aliàs tibi signifi● auerimus quòd non permitteres ecclesiam de hamelamstede spoliari decimis ad ipsam pertinentibus , & quod ecclesiam ipsam manuteneres , & defenderes in eo statu in quo ●uit tempore syluij quondam rectoris eiusdem ecclesiae , non tamen fuit intentionis nostrae quòd occasione illius praecepti aliqua alia ecclesia decimis suis spoliaretur . et ide● praecipimus quod occasone illius praecepti nullam violentiam inferas vel inferri permittas monachis s. albani super decimis spectantibus ad ecclesiam suam de redburne quas per xx. annos hactenus pacifice possiderunt . t. meipso apud westm. . die septembris an . r. n. xxiv . and in like forme was a writ sent to the constable of berkhamstede . but this kind of processe , and all other such writs of scire facias , either vpon commissions returned , fines , or patents , or otherwise , ( for aught i could yet learne ) haue long since ceased , by reason especially of that receiued act of . ed. . neither since that one case of . ed. as i ghesse , hath any vse been of an originall suit for tithes in the temporall courts , sauing only vpon prohibitions and the statutes of . hen. . & . ed. . i say , originall suit . for otherwise , the question of the right of tithes , incident in an issue at the kings g suit , hath since been triable in the temporall court ; and between h common persons also ; especially if the right of tithes , vpon the issue , were but indirectly or inclusiuely in question . and although it were directly the very issue , yet also it hath sometimes been tried in an action of trespas in the kings bench , as you may see in mich. . ed. . rot. . betweene philip de say parson of hodenet in shropshire , and geffrey of wolsele parson of chedleton , for tithes in marchumle . but of these things hitherto ; and enough . the end of the historie of tithes . a review . after some few copies , thus halfe printed and halfe writen , were dispersed , and since the various censure of vnequall readers , ( some of them cauilling at such passages in it , as the autor at first thought , and not without cause , had been enough cleered ) this short reuiew is now added ; wherein , beside some other confirming and declaring autorities , by the way also , and opportunely enough , occurre some admonitions briefely offered , that may somewhat direct in the vse of this historicall truth . the printed sheets could not be encreased , or altered . neither was it so fit , after many hands had the whole , that additions inserted , should make any variance from the writen part . and plainly , that of the admonitions , for direction in the vse , of its own nature rather required a seuerall place , then was fit to haue been mixt in the bodie of the historie . in the name therefore of goodnesse and learning , i earnestly beseech euery one , that hereafter shall get it either copied or printed , to ioine also ( if hee may ) this reuiew with it . of the i. chapter . in the i. § . touching that of abrahams tithes being of the spoiles of warre only ; i know many think otherwise . and beside the generall name of tithes of all , reasons are drawn for their side out of those words of the patriarch to the king of sodom ; i will not take of all that is thine so much as a thred &c. i neither professe to dispute it , nor find i any such consequent out of that text. and the a answer to the obiection is not difficult . but i adde here to those testimonies both of iewes and ancient fathers which i haue cited , ( for i was willing to make their testimonies my warrant , not to glosse the text with my owne interpretation , or with the fancies of petie names ) that s. ambrose and eucherius bishop of lions call those tithes also b decimas praedae & victoriae . and in one passage , eucherius hauing a plaine regard to the words of the epistle to the ebrews , which in the vulgar are exprest by decimas de praecipuis ( for the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) sayes de praecipuis praedis abraham patriarcha decimas legitur obtul●sse , directing himselfe still in the conceit of the word all in genesis , according to that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the holy epistle , which both in translations enough , and in the greek c prouerbe before rememberd , denotes spoiles of warre . yet also the same father soon after calls them decimas omnis substantiae suae generally ; but plainly shewing in his former words , that he took omnis substantiae here for nothing but victoriae praedam . which , it seems , philo the iew also vnderstands , where in his anagogicall course of contemplation he saies that abraham being the tenth degree from sem ; d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , consecrated tenths to the almightie , as a thanks ▪ giuing for his victorie . and prim●sius , and old african bishop , interprets de praecipuis in the latine text by de melioribus spolijs . but some haue cauilled at my relating , according to s. hierome , that were it not for the holy autoritie of the epistle to the ebrews , it might stand indifferent whether abraham gaue tithes of the spoiles to melchisedek as to a priest , or melchisedek the tenth of his estate to abraham , as a portion to one of his posteritie . if there be a fault in that assertion ( i confesse i find none ) let them be so bold then as to tax those learned fathers for it , s. hierome and e eucherius , beside freculphus f bishop of lisieux ▪ and other ancient writers , that in the same syllables affirme it with s. hierome , from whom indeed eucherius transcribed the best part of his more notable passages . somewhat may be here fitly remembred concerning two adiuncts that belong to this storie of abrahams tithing , that is , who melchisedek was ; and where the place of his kingdome , or salem , was . for the first , such of the fathers g as out of the ebrew text had the true notes of supputation of time , take him to be sem , according as the opinion also was generally receiued among the old h samaritan ebrews , and diuers iews i also especially of later ages : howeuer some iews haue been long since of another opinion , in their idle and rash fancies supposing him to be a bastard , which they took to be the cause why his discent is not spoken of with his name : others of them , with the hiera●its , making him k more then a man. but also both the hierosolymitan targum , and that other calld ben-vziels , expressely tell vs , he was sem the sonne of noah ; which some of late time also haue in works purposely writen to that end , laboured to make manifest . and doubtlesse , at the time of the victorie , sem was the chiefest of the familie there , and either a first-born also , or els had in him the right of a first borne , or priesthood , by translation from his elder brother ; which i adde , because the l rabbins and diuers other of the learned will haue it , that iaphet was the elder brother . but how stands that so well with melchisedeks being sem , if according to that old tradition , both among rabbins and christians , the priesthood were an incident to the first-borne male ? vnlesse the right of primogeniture were transferd from iaphet to sem in noahs m blessing , as it was to iacob from esau , and from c●in , it seems , to n abel , which must be thought on also in the taking their side , who suppose abraham not to be the eldest of terahs sonnes . for regularly the ancients giue the priesthood before the law to the first-borne . and whereas moses is said to haue o sent young men that offerd burnt offerings , the chalde paraphrases haue for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eth-nairi , i. yong men , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 iath-bocri , i. of the first-borne ; these s. chrysostome p elegantly stiles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , priests of themselues , or made without other ordination or suffrages : to which office also ( thus had either by birth , or blessing , that equalled the birth ) a kind of q imperiall and patriarchique dignitie was annexed . that precedence of birth giuen to iaphet , is of no late inuention ; but many hundred yeeres ancienter then the talmud , or any worke extant of any rabbin . for the septuagint expressely r affirme it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , and sonnes were borne to sem , being father of all the sonnes of eber , and brother of iaphet , being the elder . which in the ebrew is not so plaine on either side ▪ for , the words being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 achi iaphet hagadol , by reason of the want of termination● of cases , may be alone as well turned elder brother of iaphet , as brother of iaphet being the elder , which in the last english translation is brought neerest to the originall , thus : vnto shem &c. the brother of iaphet the elder , euen to him were children borne . and beside such interpretation of the context , the chronologicall part of the holy storie affords much to proue , that sem was not the first-borne in time . for noah was s d. yeeres old , and got sem , ham , and iaphet . sem t two yeeres after the floud , being c. yeeres old , got arphaxad , that is , ( as is most probable , if not plaine ) in the dc.ii. yeere of u noah , sems age was only c. yeeres . then at sems birth , noah was d.ii. yeere old . who euer therefore was borne when he was but d. yeers of age , must be c.ii. yeers old , when sem had seene only one c. yeeres . if any of them were borne in noahs d. yeere ( as the text seemes to teach ) it must then be one of the other two , and not sem. this argument , vsed by the iews and others , which follow them here , ioind with what is in the septuagint for iaphet , makes so much against sem's being the first born , that howeuer the great ioseph scaliger be x most confident , that he was first in birth , as his name is exprest in enumeration , and giues his answers to the chronologie obiected against it ; yet you may with more probabilitie take the more common and ancient opinion , that makes iaphet the elder . some will haue ham. but i leaue that matter ; supposing cleerly that sem being melchisedek ( for , that one man should be denoted by seuerall names , is no noueltie in scripture ) was either the first born or had the right of it transferd into him by speciall blessing , and so was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as philo y calls him , that is , the great high-priest of the greatest god. for the place of his kingdom , salem ; it is taken by z s. hierom ( as he learned from some iews ) and from him by a s. ambrose , eucherius , primasius , and others that this salem is that which seated on this side of iordan , is some lxxx . miles distant from the plaine of mamre where abraham liued , and retains its name in the storie b of iohns baptisme . and they say that the reliques of melchisedeks palace were there to be then seen . but the more common opinion of christians in s. hieroms time , was as now also of greatest diuines , that salem here and ierusalem were the same . salem nostri omnes , saith he and others of that age that follow him , arbitrantur esse ierusalem . but himselfe was not of that mind , hauing as hee saith , learned the contrarie . but also , with those old christians , iosephus and some later c iews expresly agree . and a good character of the truth of their opinion is in the holy text. for , there the kings dale , whence the king of sodom came out to meet abraham in his return is d rememberd , as if it were close by where melchisedek was . now it is thought certainly that the place of absalons pillar , that is , the kings dale spoken of in e samuel , is no other then a valley , which being hard by ierusalem , is known to our age from absalons name , where yet , they f say , he hath a moniment , and such as passe by , vse to cast stones at it in detestation of his disobedience . and also the very place where melchisedek gaue abraham the bread and wine , is , they say , yet known on mount g caluarie . but hitherto brifly of these two adiuncts of abrahams tithing . neither supposd i but that many which think of it for argument either way , would desire some satisfaction in them . of the ii. chapter . hetherto could i neuer see any christian that hath fully taught what was considerable in the generall payment of tithes among the iews . the noble and most learned ios. scaliger , did not euery way enough accuratly teach it , although in a single treatise he purposely vndertook it . how sufficiently among vs , others do that slouthfully and ignorantly ( without his help ) while yet their end is to write of tithes , talke of a third tithe here , and a fourth tithe , and indeed they know not what tithe , let him iudge that shall hence know their error . this last spring martin the title page of drusius his obseruations vpon iosuah , and some other parts of the old testament , a new discourse , de decimis mosaciis , writen by sixtinus ab amama professor of ebrew in franeker , was promised ; but i could neuer yet see any such thing ioind with that of drusius or otherwise published . what we haue of them is as the great doctors of the iews haue deliuered in the talmud , and their later comments ; which are testimonies beyond exception , for the practice or historicall part . for that in § . . of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , out of epiphanius ; i rather think indeed that it denotes only a paying of tithe , not a tithing of what was alreadie tithed . it is well known that the language of the greek fathers , especially of about his time , is frequently mixt with phrases of the septuagint . now they h haue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for nothing but to pay a tithe , which agrees somwhat with the ebrew fashion of expression . and as they , so epiphanius without doubt vnderstood it . howeuer some of great names are of another mind . but to what is there toucht for the forwardnesse of payment of first fruits among them , i here adde out of i philo ( who liued vnder the time of the second temple , and spake of his own knowledge ) that they were paid in such abundance , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , that euen from the abundance only of first fruits , heaue offerings , or therumahs , which were paid by the owner immediatly to the priests , there was not a priest in the xxiv . courses of them ( so the priests or posteritie of eleazer & ithamar were deuided k by king dauid ) but might be accounted a very rich or largely furnisht man. and he tells vs further that the iews were so readie in paying them , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , they preuented the officers demanding them , paid them before they were due by law , and as if they had rather taken a benefit then giuen any , both sexes of their own most forward readinesse in euery first fruit season brought them in with such courtesie and thanks-giuing as is beyond all expression . all which is spoken only of first fruits and therumahs , not of tithes , as it is falsly in the latin translation ; where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 alone is ignorantly vnderstood for tithes paid by the laitie to the priests ; the truth being that the laitie paid only first fruits , not tithes , immediatly to the priests , but only to the leuits , that is , those which were , as philo saies , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , in the second rank , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or as wardeins , huishers , singers , and other such ministers . and the leuits paid the tithe of their tithe to their priests , who so through the leuits receiud tithes out of the possessions of the laitie , as also the holy autor to the ebrews is interpreted , where he saies , that those of the sonnes of leui that had receiud the priesthood , had a commandement to take tithes of the people according to the law. for the posteritie of aaron that had the priesthood , receiud none from the people , but immediatly and through the leuits . in the same holy epistle their continuance of paiment of tithes ( which as long as their priesthood de facto , and the politique form of gouernment , instituted by the almightie , continued , was euen ex conscientia to be performed , as some l teach ) is also manifested after philo's time . the iews are told in it , that here men that die receiue tithes , but there he of whom it is witnessed that he liueth . that here , being plainly referd to the vse of the iews ( to whom the epistle was sent ) vnder the second temple . so primasius an old african father interprets it . hic inquit , saith he , hoc est in praesenti seculo , vel in templo quod adhuc stabat , morientes homines , filij videlicet leui qui mortales ac moribundi sunt , decimas accipiunt . but about this time also it appears in storie that tithes were still paid by the leuits to the priests , which supposes the peoples paiment to the leuits . remember that of fl. iosephus m where he tells , that when foelix was lieutenant of iudea , such a tumult and sedition happend twixt the high priests ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) and the rest of the priests , and the chiefest of the laitie ▪ that the high priests to satisfie their malice vpon the rest of the priests , violently took away the tithes that were kept in granges and barnes for their maintenance , and in so much wronged them that some of the poorest of them euen died for want . this was about the beginning of nero ; and n euschius and o nicephorus relating it from iosephus , refer it to him . although ruffinus in his translation of eusebius rather place it vnder claudius . but vnder both , foelix was lieutenant . by the way you may note that in nero's time , diuers of the priests were grown much poorer then they had been lately before ; if philo be to be credited , who liued also but litle before nero's empire . it was very hard with some of them ( it seemes ) that the taking away their tithes only should starue them . those high priests here spoken of , are such as were the chiefest of the xxiv . orders . for p so also were the priests deuided . there was neuer but one high priest properly , and that according to the first institution . but others that had a supremacie among those orders , were also called so , as both heere , and in q holy writ . and they were , to the high priest , as the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r in the eastern patriarchats which are as suffragans to exercise the patriarchs office in his absence , or as the bishop-cardinals in rome . and the first and chiefest of these high priests in the plurall number , was as a designed successor to him that properly bare that name , and was his prime vicar , chief suffragan , or the second priest , as s zephaniah was to seraiah , and as annas to caiphas . for so the most learned vnderstand that of them two , being high priests together in the gospell . but this by the way . yet who knows it not , may soon stumble at the storie ; and , if not admonisht , trouble himselfe with as good a disquisition about it , as that abbot t paschasius long since fell into about what follows out of saint matthew , in the . § . where the strict payment of tithes vsed among the scribes and pharisees is spoken of . he being too ignorant of the particulars of the iewish state , doubted much how the scribes and pharisees should so pay their tithes , cùm ipsi ( as his words are ) sacerdotes erant & leuitae qui magis accipiebant decimas à populo quam darent . but i wonder what made him so much as dream so . indeed he answers himselfe also . but plainly the scribes and pharisees , as known by that name only , had no more reference to the tribe of leui then to any other of the twelue . children in the holy text or the iewish storie , know it . that generall rule of their lawiers in the same § . taken out of rabbi ben-maimon , is first in their u talmud , where also the gemara , that is , the following opinions of their doctors , hath many speciall cases of this or that fruit or encrease of the earth ; but often litle to the purpose . one thing their misnah or text addes further to that rule ; that is , whatsoeuer fruit or herb is fit to be eaten , both while it is yong or new , as also when it is a full growth , must pay tithes aswell when it is yong , as at full growth . but if while it be yong it be not fit to be eaten , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , it is not subiect to tithe vntill it be come fit to be eaten . that in § . . of them that take the profits of land among the samaritans , or in aram , that is , syria , must be vnderstood of a iew dwelling among them , and tilling the land there . for regularly if the fruits of lands in syria were taken by a iew , residing still in his own countrie , he was to pay x tithe of them . touching their tithing after the second temple destroied ; although for want of a temple and a priesthood at this day , they tithe not legally , yet among their aphorismes both diuine and morall , they y tell vs , that as the masoreth is the defence of the law , so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 maighsheroth seag laighsher , that is , tithes paid are the defence of riches . whereupon one notes , that at this day qui religiosiores sunt inter iudaeos , loco decimarum , eleemosynam pendunt de omnibus lucris ; decem aureos de centum , centum de mille &c. but howeuer the deuouter of them may giue such almes , it is plain that their legall tithing hath now no place among them for want of a sufficient priesthood and temple or tabernacle . yet without doubt , most of them haue long since exspected a z third temple . otherwise why were they so carefull to haue their laws and speciall cases of first fruits and tithing , so copiously deliuered in fiue whole massecheths of their talmud , or body of their ciuill and canon law , which was , many yeers after the destruction of the second temple , made for the direction of the dispersed of their nation ? now , me thinks , he that argues for tithes from the mosaicall laws of tithing had need more specially , then any i haue yet seen hath neer done , examine which of the two kinds are due in the euangelicall priesthood . why not the second aswell as the first ? and further consider also how the paiment of tithes from the laitie to the priests of the gospell , succeeds to the paiment from the leuits to the sonnes of aaron . but these considerations can only be , where the knowledge of fact precedes , for without exact distinction of their seuerall tithes , any argument drawn from them , may soon be found a grosse fallacie , that may both deceiue him which makes it and those whom he teaches . let the ingenuous reader thinke of it . but one thing more here by the way . so much either ignorance or neglect in the disquisition of what belongs to the tithes of the iews , hath possest some great names , that , touching the proportion of the tithes and the receiuers , they haue rested fairely satisfied in this ; that the leuits being one of the twelue tribes , had the tenths as a competent maintenance to themselues , being neer the tenth , that is , being the twelfth part of the people ; as if arithmetically the people and the reuenues had been so deuided . but others haue long since easily shewd the slightnesse and falshood also of this fancie . and cleerly , had such a ne●r proportion of persons and the name of tenth held ; yet examine all that was paid to the priests and leuits in first fruits and the seuerall prediall tenths only , and it will be neer a fift . and we here omit also the cities and suburbs assigned to them , and their other many profits out of sacrifices , ransoms of first-born , and the like . but for that proportion of number twixt the tithes , wee haue sufficient testimonie in holy * writ , that it was farre otherwise the able men for armes of the eleuen tribes were numberd to . and these all of xx. yeers old at least . the males of the leuits from a month old were seuerally found to be but . for so are the particulars of the families of gershon , k●ath , and merari . here then the leuits reckond , with aduantage of all their male children of aboue a month old , make not a / . of the rest of the tribes . had the rest been accounted also with all their males of like age , it is probable enough that the male leuits would not haue equalled a fiftieth or sixtieth part . as in the one sex of them , the coniecture may also be in the other . and afterwards likewise * in dauids numbring , we see the leuits of . yeer old were lesse then / . part of the rest of israel and iuda , that were able to bear armes . where then is any thing towards proportion twixt the number of the priests and leuits , and the denomination of the tithe ? neither is it to any purpose or consequent to look after any such thing . i rest in this ; that it pleased the almightie so to enrich that tribe , which was reserued only for the holy seruice in the temple . why he did so , or with what proportion , let them , for me , examine , who dare put their prophane fancies to play with his holy text , and so most impudently and wickedly offer to square the one by the other . of the iii. chapter . in it , largely out of originall autors of greece and rome , is shewd the vse of tithing among the gentiles . farre more largely then by any that hath yet toucht it . the truth also , wherein too many are either obstinatly or ignorantly blind , touching that of their supposed generall paiment , collected out of a corrupted place in festus , or rather in paulus diaconus , is declared and brought to its own limits . neither will any iudicious reader doubt of the corruption of festus in that place . whosoeuer knows but the fashion of his writing ( which must be obserued in that of his own , after the xi . book , partly yet remaining in his very words ) cannot at all think that decima quaeque veteres dijs suis offerebant , should be deliuerd by him . he is in all other things more curious . he would not haue talkt of dijs generally or quaeque . but it was no such wonder that paulus diaconus , who ignorantly abridged him vnder charles the great , should say so ; being , as the learned acknowledge him , no small enemie to posteritie , in so cutting and maiming him . he was ( saies * the noble scaliger ) homo meo iudicio confidentissimus ac , vti res ipsa decet , ineptissimus . had he delt with festus , as festus did before with verrius flaccus , it had been tolerable . though by festus perhaps we haue lost much of flaccus , yet he appears iudicious enough and carefull in what he deliuers from him . but this paul ( being , i confesse , otherwise a man of great reading and knowledge for the time he liud in ) hath not only here by coniecture , but in other places most plainly so exprest things of this nature , that is , touching the theologie or rites of the gentiles , that , had we not found some pieces of festus himselfe , posteritie might haue been perpetually blinded by him . no man will denie it that obserues but his words , maleuoli , nixi dij , praeclamitatores , nauia , and diuers other which , compard with what is left of festus whence he had them , appeare to bee either mistaken or falsly deliuered . but for the gentiles ; it is true , they were very deuout in giuing of their yeerly increase to the honor of their deities , according as the attique law receiud , as is thought , from triptolemus , and seconded by a dra●o , commanded ▪ that is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , to honor the gods with their fruits . witnesse enough of the grecians is found in their thalysia that was the feast immediatly after haruest , wherin they spent b much of their fruits in honor of ceres ; in their haloa about the same time which was c the like deuotion to her and to bacchus , and in their seuerall dionysia . all which spent no small part of their yeerly fruits of wine and corne ; that we may omit their other feasts of lesse note that are to this purpose . and among the romans , was a like forwardnesse to consecrat part of their corne and wine to the gods ; as we see in their sacrima d that is the first of their must , spent in the honor of bacchus , their calpar or the first and best of their wine , as it was when they first began to draw it , sacred to iupiter dapalis , their praemessum or praemetium before haruest , their florifestum after haruest , both bestowed in honor of ceres , and the like more to her and to iupiter , ianus , and bacchus ; that we may omit their robigalia , solitaurilia , and the rest of such kind . but all these plainly were at the libertie of the owners . and so was it expresly denoted in the rituall words of sacrificing of their new wines as e macte , or mactus iupiter hoc vino inferio esto , as if they had said , be honord iupiter with this wine , which is as much as i can spare thee . for so much is in substance denoted by inferio , that is , vino quod insertur . and therefore was that word f added because all the rest might be free from religion after this were so seuerally sacrificed . for vntill the sacrifice , all the wine remaind so sacred that it might not lawfully be medled with for common vse . but the owner might ●y such arbitrarie giuing his inferium , discharge it of being any more sacred . and thereupon saies arnobius , iesting at their ceremonies , mactus hoc vino inserio esto quid est aliud quàm dicere , tantum esto mactus quantum volo ; tantum amplificatus quantum iubeo ; tantum honoris assumito quantum te habere decerno , & verborum circumscriptione definio . o deorum sublimitas praepotens &c. quae per vnius formidinem verbi ab immodicis vini cupiditatibus arcetur ! among all these feasts not any mention is of a tenth or any certain part . but the tenth came somtimes only at the will of him that had good fortune or post rem benè gestam , as g seruius his words are . so hersennius who had been a piper all his youth , and doubting the successe of that trade , fel thence to be a marchant , and then re benè gestâ decimam herculi dicauit . that consecrating vse to hercules was most vsually made with solemnitie at that ara maxima , neer the forum boarium or the ox-market , vpon which , some h say , but fabulously enough ( as the rest of these particulars are deliuerd ) that hercules himself first spent the tenth of what he took from cacus , in a iolly feast , with euander and the rest that honord him for it . and vpon that altar , saies halycarnasseus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , tithes are there frequently offered by vow . but the paiment of that vow was commonly in feasts made in honor of him ; and those feasts were , it seems , in ancienter time , vntill the vow was performd , celebrated within euery ten daies by such as were so religious to him . and in that diuision of time , for the more conuenience of entertainment , his tithe was merrily spent ; and the guests alwaies sent home crownd with baies in honor of him . so i vnderstand that of varro i when he tells vs , maiores solitos decimam herculi vouere , nec decem dies intermittere quin pollucerent ac populum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cum corona laurea dimitterent cubitum . and of this kind of feasts were those dinners of orestes , spoken of in k cicero . oresti nuper prandia in semitis decumae nomine magno honori fuerunt . it seems their vow both of gain and of spoiles of warre , was made to him chiefly as he was their god of warre or of defence . for it is cleer not only in the old roman diuinitie or mythologie , that hercules specially was accounted mars ( as is plain by their moniments , which shew that the institution of sacra saliaria were indifferent to hercules or mars , and made to one deitie vnder those two names ) but also by the old astronomie wherein the planet mars was likewise called l hercules , and that not only by the chaldaeans ( as macrobius too rashly affirms ) but also by the aegyptians , from whom the knowledge of the heauens came into europe . for howsoeuer it be noted out of an old glossarie at the end of that most learned work of the noble scaliger vpon manilius , that mars was called among the aegyptians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 suppose the northern aegyptians about alexandria , where they spake greek before the roman empire and afterward ) and although m some other old testimonie , say they , stiled him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) yet achilles statius that was n an aegyptian saies expresly , that pyróis is the greek name of mars , and that in aegypt he was calld the starre of hercules . so the autor of that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , attributed to aristotle ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , pyróis being calld both hercules and mars ; which apulleius , because hercules was not so common a name for it , thus turns , quem multi herculis , plures martis stellam vocant . and his common titles in old inscriptions iustifie the same . inuicto , victori , defensori , pollenti , and such more are frequently his additions , being proper to mars . and vnder some such title was he worshipt almost in euery citie of o italie . and i would varro had rather here sought the cause of his title of victor then in that ridiculous reason which he brings , p quòd omne genus animalium deciès vicerit . had he said that therefore also the tithe was giuen him because of decies , he had spoken as probably and as wisely . indeed it is a wonder to see a man of that abstruse learning and great abilities , that togatorum doctissimus , to be so childish as he often is , in vnhappily troubling himselfe about deriuations . but of hercules , enough . beside that of the maritime pelasgi , in § . . the other of them that seated themselues further into the land in vmbria , being opprest with a sterile yeer , vowd the tenth , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , the tithe of all that should encrease to them , to iupiter , apollo , and the cabiri . and this they paid also . but they were admonisht by apollos oracle , that their vow was not performd vntill they had sacrificed also the tithe of their children . which was done also . but now see ( when you truly know the ancient tithing among the gentiles ) how well they conclude here that draw arguments from the generall law of nature or nations , as if by that law any such vse of paiment of tithes had been established among them , as was continuall or compulsorie . of the iv. chapter . that which succeeds is only of christian practice , laws , and opinion . which , any man that sees but the course of our diuision , may easily know ; though he were as peruerse as he was that to confute me in assertion here of no proof of paiment of tithes , till towards the end of the first cccc . yeers , confidently brought that text of the holy autor to the ebrews , r here men that die , receiue tithes : and was readie to sing decidit in casses &c. as if that had proued a paiment in the apostles time . indeed it proues a paiment among the ebrews or iews then , and also is seconded by other autoritie before touched . but any reference there had to ā christian practice of tithing , i suppose no man will affirm that is of a sound brain , and vses holy writ with due reuerence . but my application of some passages in s. cyprian in § . . here are found fault withall ; in that i vnderstand not hi● mention of the word decimae to be a note of paiment of tithes in his age . indeed i did not think that any man which vnderstood cyprian , with the vse of his time in making vp the ecclesiastique tresure , would haue therin taxed me . neither haue i giuen his words alone & then my own glosse ( as many haue done too often , and that in things of the nature of this subiect , and so haue deceiud their credulous readers ) but i haue carefully and shortly exprest also the occasion of his passages ; and so , that an vnderstanding reader may collect as much out of them as he might do if he had the whole context of cyprian by him . if i haue errd in the interpretation , it is but my single error and theirs that dare giue autoritie here to my iudgement . whoeuer can think otherwise by cyprians words , if he saw him , may equally do so by my relation . howeuer then , i impose not on any reader . but for that second place of his out of his de vnitate ecclesiae ; obserue his words more fully . thus they are , domos tunc & fundos venundabant & , thesauros sibi in coelo reponentes , distribuenda in vsus indigentium pretia apostolis offerebant . at nunc patrimonio nec decimas damus ; & cum vendere iubeat dominus emimus potius & augemus . so farre is this from denoting any paiment of tenths of annuall increase ( which is the tithe we enquire after ) that indeed no such tenth seems here to be vnderstood in the mention of decimae . he speaks of them which sold their whole estates in the apostles times . but now , saith he , we giue not the tenths of our patrimonies . that is , we giue not the tenth part of what deuout christians then did , but in stead of selling for deuotion , we buy and increase our estates . what other tenth is here spoken of then the tenth part of euery mans patrimonie or estate ? and what hath that to do with the tenth of annuall encrease only ? and , for any vse of paiment in this time : i was not so bold to make the negatiue , that no tithes were paid , but that it could not be proued that any were . he that can shew me aught omitted that might proue it , shall deserue and haue thanks of me . in the meane time further to iustifie what i affirme , take this of epiphanius bishop of constance in cyprus , that about the yeer ccc.lxxx . wrote against the heresies of the primitiue times . when he s tels vs of the tessaresdecatitae , or those which thought the holy easter must be kept on the fourteenth moone , according to the law giuen to the iews for their passeouer , and that because they apprehended that the keeping it otherwise was subiect to the curse of the law ; he saies , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , they do all things or agree generally with the church , sauing that they were too much herein addicted to the iew●sh custome . and in his argument against them , he shewes , that the curse hath not reference only to the passeouer , but also to circumcision , to tithes ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) to offerings . wherefore ( as he goes on ) if they escape one curse , by keeping their easter according to the law of the passeouer , they thrust themselues into many other . for ( saith he ) they shall find them also cursed that are not circumcised , and them cursed that pay not tithes , and them cursed that offer not at ierusalem . let any man now consider if this bishop that was least vnacquainted with the customes of the christian church , vnderstood not cleerly that no necessarie or knowne vse of paiment , was among christians in his time , of tithes , no more then of circumcision , or offering at ierusalem . doth he not plainly reckon it as a thing not only not in christian vse , but euen equalls it with what was certainly abrogated ? is not his obiection shortly thus ? why do you not obserue circumcision and tithing , and offerings also at ierusalem , which are all subiect to the like curse ? and because some kind of offerings indeed were in vse among christians , therefore in the obiection he prouidently ties them to ierusalem . but of tithing he speakes as generally as of circumcision . obserue his owne context , which i here giue , that the able readers iudgement may be free . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , so that if they auoid one curse , they fall vnder many other . for such shall be also found accursed as are vncircumcised , such accursed as tithe not . and they a●e also accursed ( in the old law ) that offer not at ierusalem . i confesse , this may perhaps seem not to extend to the african church ( wherein s. cyprian and s. augustine liued ) that was farre remote from epiphanius , being of the greek eastern church ▪ and so not to sufficiently proue that in those times no paiment was in vse there . the like perhaps may be obuiously thought of in referring it to the westerne church of europe . but it seemes that the african , european , & eastern greek churches of those times , had litle or no difference twixt them in the setled policie for their maintenance . and for the african ; howeuer out of s. augustines sermons it may be collected , that a paiment soone afterward was there in vse , yet herein both the greek eastern , and the african churches are specially so like each other , that neither in the councells or canons of the one or the other of them , any law at all is found for paiment or ordaining any thing touching tithes ; nor as i remember , doth the name of tithes once occurre in them , or in photius his nomocanon , or in zonaras , or balsam●● , the chiefe canonists that writ on the eastern canons . i mean here the canons of the greek church of credit ; not including those called the apostles constitutions equally belonging to all churches ( if vnder that name to any ) of which more presently . but it had been litle to the purpose indeed to haue had tithes of annuall increase paid , while that most bountifull deuotion of good christians continued in frequent offerings , both of lands and goods to such large value , as you see exprest in that of the gouernor of rome to s. laurence ( being archdeacon to pope xistus the second ) in the ninth persecution vnder decius . he tells him t that the common fame was that the christians did often offerre , fundis venditis , sestertiorum millia . and that addicta auorum praedia foedis sub auctionibus , success●r exhaeres gemit sanctis egens parentibus . et summa pietas creditur , nudare dulces liberòs . no doubt can be but that the gouernor is here made to speake somewhat beyond the truth . but also questionlesse the liberall deuotion of the time was very exceeding in offerings . but , for constitutions of this age ; lest we should seeme to omit any thing that beares the name of one , although meerly supposititious , we shall here adde more to that cited in the . § . out of the old clementines attributed to the apostles . but all will be of equall credit . and were it not for the inequalitie of readers , none of it indeed deserued a place here . in those clementines , a further command is , to giue u all thy tithes to the orphan , to the widow , to the poore , and to the stranger . and afterward some constitutions attributed to s. matthew are inserted ; wherein first is ordained the formall consecration of oile and water , that may haue power to heale sicke men , to cast out deuills , and the like , with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , i matthew ordaine . and then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , i further ordain , that all first fruits be brought to to the bishop , and to the priests , and to the deacons for their maintenance . and that all tithes be offered for the maintenance of the rest of the clergie , and of virgins , and of widowes , and of poore people . but here is no command of tithes to be giuen to the priests for their vse ; but only for maintenance of the lesse orders of the clergie and of the poor . and therein these constitutions still agree with themselues . but , for the autoritie of them ; take the iudgement of our church , and i think you shall haue a generall consent , in this , that they are not of neer the apostles time , but counterfaits of far later age . and great men in the church of rome account them no otherwise , howsoeuer turrian ( that first publisht them in greek out of three old copies , as he saies ) would needs perswade the world that they are genuine , apostolique , and collected by pope clement the first . but i would then he had also perswaded vs that the apostles had taught that the birth of our sauiour or christmas day , was to be celebrated on the xxv . day of december , as in this suspisititious x clement is affirmed . the learned know that vntill about cccc . yeers after christ , that is till s. chrysostomes time , that day y was not setled but variously obserued in the easterne church , which should haue had speciall notice of the apostolique canons . and s. chrysostome then learned the time of the xxv . of december ( which yet , most thinke not to be the exact time ) from the western or latine church . it is likely that till then , the apostles constitutions had slept ? besides , we see , that dionysius that great patriarch of alexandria , although those of his see and himselfe were most curious in the determinations of ecclesiastique times , could not find whence cleerly to resolue that question to basilides bishop of pentapolis , z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , at what houre after the last saterday of lent they should leaue of that strictnesse a of fasting . in ioy of the resurrection or at what houre of easter day , or the feast of the resurrection should begin . basilides tells him , some think at the cocks-crowing towards the morning , some at the sater-day euening . and dionysius acknowledges that difference in vse . but to set a certain houre of it , he answers him , is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , both hard and without sufficient ground . and then falls to examine it by the holy historie of the time of the resurrection . but had these constitutions beene then in autoritie , cleerly dionysius might soon haue resolud the question . for in them it b is determined , that this strict fasting should be kept , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , vntill the time of cock-crowing . this learned patriarch ( his greek epistle neuer yet publisht in greek , with balsamon vpon him , was communicated to me by that most learned and courteous mr. patrik yong , in the rest of balsamon ms. ) liued about cc. yeers after the supposed time of the collection of these constitutions , and surely had vsed them if they had then at all been , and deserued credit . and who would haue made a controuersie about the holding of easter , that had in those elder times found it so established as it is in those constitutions . but it is not difficult to coniecture out of what kind of shop they came , if you but note the supremacie of all power c so arrogated in them to the clergie . the autors of them command that priests be honord as kings and haue tribute paid them as kings , and are so bold as to apply that in d samuel , touching what a king would do in taking from his subiects , to the power of bishops , as if they should do so . and they affirm it , as much more reasonable , that bishops should do so ; and ordain also with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , we constitut , the like wholly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , touching bishops , as there , they say , is ordaind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , touching kings . which well agrees also with their reckoning vp of the ten commandements , and making the tenth to be e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , thou shall not appear emptie before the priest. he that made these words to fill the place of one of the ten commandements , seems not to talk like one of the apostles . a thousand things more might be found to disproue the autority that some attribute to these canons . and the answer to turrians reasons for maintenance of them , are obuious enough . for my part , i think confidently that most of them , if not all , are hardly m. yeers old ; and therefore no sufficient cause is , why they should haue place of credit in any part of our diuision , as they bear the name of canons or constitutions . for if they were in truth made so long after those whose names giue them all their autoritie , they are all one , for constitutions to be relied on , as if they had been but of yesterday . i only toucht part of them in this first cccc . yeers , as they were in the latin ; the greek being neither then by me nor much materiall ; although some passages in other translations and to this purpose , if not examind by the greek , may soon deceiue a reader of too readie a faith . for one of those other canons attributed also to the apostles as autors , and to this clement as collector , is translated , f aliorum decimae primitiaeue fructuum omnium mittantur episcopo ac presbyteris , & non super altare , the greek that is turnd and set by the latin in the same volume , hauing not a syllable of tithes , but speaks only thus . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , let all other fruit ( being first fruits ) be sent home to the bishop and to the priests , but not brought to the altar . the meaning being that only first fruits of new grapes before vintage-time , or of yong herbs fit to be eaten , or such like ( comprehended vnder the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the next canon before ) should be brought to the church and so are the expositions of zonaras and theodore balsamon , two great canonists of the eastern church . of the v. chapter . those abbots spoken of in the . § . were not of the ministring clergie properly taken ; but only principall gouernors of such as had chosen a separated and single life ; such as are in good number found in pailadius his lausiaca historia , cassimus , and the like more . for that of giuing tithes to the vse of the poor ; it seems it must be vnderstood that they were most commonly giuen into the hands of those abbots or some of the clergie for their vse . and that they dispensed them . which may be collected out of the testimonies of that age wherein the goods and treasure of the church is accounted but as the poors chiefly in propertie . beside those attributes of tithes and other things consecrated , as tributa egentium animarum , and patrimonia pauperum , and the like , an obseruable admonition is , to this purpose , found in isidore pelusiota ( that liud about the beginning of these cccc . yeers ) made to one maro a priest ( whom he often reprehends ) but specially g for not leauing the goods of the church and of the poor ( that is , what was offerd in tithes , rents , and other bounties ) to be kept only by the oeconomus or dispenser , or steward ( who in those times receiud them for the bishop , and dispensed them by direction of him and his clergie ) but carried them home to his own house . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( saies he ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , leaue off this wicked course . for the dispenser hath his name from his dispensing to the poor what is theirs ; as the goods of the church are properly . so s. basile h stiles the goods and reuenue of the church , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and the greek lawiers call them generally i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or prouision for the poor . and hence is it that diuers schoolmen to and fro dispute that question , whether the dominion or propertie of the reuenue of the church be in the clergie ; and whether what they giue to the poor be due debilo iustitiae , or debito claritatis . i supposed enough had been said in § . . to conuince the common error of them , which deriue feudall tithes from the clergie of the time of charles martell , or affirm any common paiment of them then in practice . but it is a hard taske to teach obstinat ignorance . let that of eucherius his vision be as it will ( which yet cannot stand with the time of his death , calculated according to the storie that remains of him ; howeuer indeed k very ancient autors help to iustifie it ) it still rests certain that the constitutions of his time , which haue reference to the many sacrileges committed by him and others , vpon monasteries , bishopriques , and the rest of the demesnes of the clergie , neuer spake word of tithes ▪ and with that which is there noted in the margin , obserue the seuerall transcripts of that law of restitution , made in the synod or diet at ratisbon , held vnder caroloman in dcc.xlii . as it is in l melchior goldastus . in his first volume he giues it thus , decimas , bonae ecclesiastica occupata à prophanis restitu●mus . as indeed both m auentin and the n centuries haue it also literally before him ; both out of corrupted copies . but afterward the diligent goldastus , finding a better copie , entirely again publishes the laws of that synod neerer the originall ; and this one o thus : fraudatas pecunias ecclesiarum ecclesijs restituimus . some other copies hauing fundatas . but none , of any autoritie , decimas . pecunia being only their wealth or estate in lands ; as in more ancient time pecunia denoted chiefly estate in cattell , and then mony , as now it doth . i know also it had a signification that included offerings p of fruits and corn , and so might be drawn to denote tithes offered . but that signification was of rare vse , and only among the gentiles . neither ( as i thinke with some confidence ) can any man shew me such vse of the word in any christian autor of the ancients . and the very decree of thierry king of france , and that charles martell the maire du maison , of the yeere q dcc.xxx . touching the taking from the clergie their possessions , vt subueniatur necessitatibus publicis & solatijs militum pro dei ecclesia , & bono statu reipub. & vniuscuiusque propria pace pugnantium , as the words of it are , and that of caroloman r in dcc.xliii . speake not a word of tithes , but only of terrae & casatae ( which were the ecclesialis pecunia ) and the small rents to be reserud to the church vpon leases made of them , which is , it seems , vnderstood in the more common giuing of them into lay hands so much spoken of by flodoard . that is , lay men had the benefit of them by hauing leases of them at small rents without fines . neither is any other thing spoken of in the s capitularie exhibited by the bishops of the prouinces of rhemes and rhosne , to the emperor lewes the second . when i see any testimonie neer martells time that so may iustifie the receiud tale of his prophaning of tithes as i may change my mind . but seeing so much of his sacrileges left in the storie of neer his age , and that not a syllable touching such tithes as we here enquire after , nor any thing els that hath reference to the common paiment of them , is found in the laws made vnder him , i still remain confident in what i haue admonished ; and i think so will euery man els that hath an impartiall eie of iudgment . but , for that which i haue here noted touching casata ; perhaps casata should rather haue been interpreted a mesuage , or dwelling house . for it appears in that capitularie exhibited to the emperor lewes , and in some other testimonie of that t time , that the reseruations ad restaurationem terrarum ( which may be satisfaction giuen by the lessees of the clergie , in rents of land ) were nonae & decimae ( where decimae haue not to do with paiment of tithes out of meer lay fees , but only were receiud by reseruation ) and out of euery casata xijd. so it may be that casata is no quantitie of land there , as i haue coniecturd , but a house only . if it be , you see whence i was deceiud . pardon me . perhaps it was an error . i willingly acknowledge so much vpon this reuiew . i acknowledge it , if that capitularie of the bishops and the other testimonie be therein authentique . i somwhat doubt them , because the most known and certain laws of martells time speak only of xijd. to be serud out of euery casata , and the nonae and decimae grow not elswhere into vse till after the beginning of the french empire . and if nothing but casatae were spoken of , there were reason enough why they should be taken for land. but the nonae and decimae in those autorities are referd to land , and the xijd. only to casatae . that in the . § . of the tithe of time in lent out of s. gregorie , is not easily perhaps apprehended by euery reader without a litle more explication . the sundaies as they were exempt out of the number of daies , so were they from the fasting of lent , thence comes his conceit of the tithe of time in xxxvi . daies , which is / . of ccc.lxv . so fractions be omitted . and to make vp fortie which is exprest in quadragesima , the known name for lent ; the four daies preceding quadragesima sunday , are to be added . this was the intent of that fancie . but how sleight and nothing to the purpose , that obseruation of the tenth of time is ( howeuer the canonists , as sworn to their text , make of it ) is easily seen , not only in the abusd libertie of calculation of it , but also by the customs and laws of both churches the west and east in their various limits of this time of fasting . popes telesphorus . they x say , made it vii . weeks . and other diuersities hath it had in the western church . and the eastern church exempted y both saterdaies and sundaies from fasting through all lent , except only the saterday that next preceded easter sunday . as also they fasted not on the day of the annunciation . what regard had they then , think you , to the tithe of time ? of the vi. chapter . the practice of paiment in the third cccc . yeers ; was parochially obserued in some * places , but especially by clergie men , to clergie men , who ( with such as were reputed among them ) subiected themselues more to their canons then the laitie could be brought to do . but it seems somewhat plain by the many examples of arbitrarie consecrations to monasteries and other churches , related in § . . ( whereto ioine also the english practice in the xi . chapter , and the a charter of henrie the eighth , duke of bauiere , of the tithes of rannesh●fen , giuen to the church of s. pancrace ) that the paiment of them parochially performd by lay men , was yet frequently omitted or continued to their own wills . whence otherwise could the founders and benefactors of monasteries haue made tithes part of their endowments ? it was not , in these elder times , so much by giuing them churches ( as the most that speak of this , ignorantly think , telling vs that all tithes came into monasteries by appropriating of parish churches ) as by conueying to hem diuers tithes alone and newly created . and after those gifts , consecrations , or new creations , n● other tithes were paid vpon any other right , out of that land which was so charged with them . but most of those consecrations were at one time or another at length confirmd by popes and bishops , and so cleerly after enioyd ; which plainly also supposed a former strength in them . for regularly , confirmatio ex proprio significatu denotat firmitatem actus confirmati , as b panormitan and other canonists say , and nihil c iuris noui tribuit , sed tantum vetus confirmat . but it is plain , that after parochiall right established , that is since about m.cc. when the canons grew more powerfull and obedience to them became more readie , such confirmations by bishops and popes , and such consecrations , creations , or new grants by lay men , of tithes , haue bin taken and declared cleerly void , as you may see in a decree d of pope innocent the iii ▪ touching tithes , so granted by a knight of berry in france , and confirmd by the archbishop , and e in another of his about tithes so giuen or created to a church by the king and queen of hungarie , and after confirmd by a pope or two . and who can doubt now but that all such grants ( in regard of preuention of the parsons right ) be not only void by the practiced canon law of this day , but also by the secular or common laws of most states ( if not of all where tithes are paid ) in christendom . for admit at this day , that titius grant decimas suas of such an acre to the parson , abbot , or bishop of such a church , and this be confirmed by whom you will ; the tithe due from him parochially is not toucht by it . why ? because they are setled iure communi ( as the law is practiced ) in the parish rector but in those elder times , such an arbitrarie grant vested the tithe in the church to which it was giuen , and no other afterward was paid . why ? because then notwithstanding the canons , no ius commune , no parochiall right of tithes was setled or admitted in the practice of the laitie . and for those ancienter grants ; be not deceiud by such as tell you they were alwaies of tithes formerly infeodated from the church . that hath no ground to iustifie it ▪ neither can any man at al proue any common course of such infeodation of tithes from the church into lay hands , to haue been in any state till the later times of reformation of religion in some places , and dissolution of monasteries . and those two examples which are in pope innocents decrees are expresly of new creations , at least not of infeodated tithes , as euery canonist will acknowledge . but cleerly they both were in themselus according to the many other , but they had not the fortune to be confirmd in such time as the pope or clergie vsually gaue way to the former practice of arbitrarie consecration . and doubtlesse also , after such time as the clergie saw that the canons , made for parochiall right of tithes , had gotten force , and that the former creations or grants of tithes by lay men ( which were indeed practiced agianst many canons both papall and synodall ) were , by that name of lay-mens grants , creations or consecrations , declared vtterly void by the pope and his canon law , although confirmed by whomsoeuer ; such of them as had originally no other true titles to tithes so commonly consecrated by lay men , subtilly enough in the next foure hundred yeers , left off the pretence of their lay grantors bountie ( especially if the grantor had been a common person ) and betook themselues only to prescription f of xl. yeers , and to what other times might be allowd to setle a right to them vpon a possession of tithes . and , by what way , retaind safely what otherwise , if they had held themselues to the deeds of their lay grantors and to confirmations , had been in danger enough of being recouered from them by parish rectors . so that , when the prescription was good in regard of time and possession ; although the originall title it selfe were naught ; yet because any other iust title might be pretended to ground the prescription on ( which also was g not of necessitie to be proued incorporeall things ) it was not difficult to haue a faire course to maintaine their possessions and right of such consecrated tithes , as had been possest so fortie yeers before they were questioned by parsons which claimed them iure communi . for against them , such a prescription by any other church , abbey , or bishoprique or such like is a good title . remember also their erecting of parochiall chappell 's within the larger territories , out of which they had portions . plainly , the erecting of such chappell 's for parish churches ( the cure being there serued by some monke or vicar , instituted vpon the presentation of them which had the granted portions ) made those portions at length also in many places be reputed for parochiall tithes , due in regard of those parochiall chappell 's . but what course soeuer they took ; it seems certain , that the titles deriud from lay consecrations were after this third cccc . yeers carefully conceald by the possessors in such publike records of their reuenues , as were of more common and open vse in their legall proceedings at the canon law , howeuer they remaind still in their ancienter and more secret chartularies . and with vs i haue very rarely , scarce at all , seen an instrument of them in their lieger books or otherwise , writen in a hand that is later then king iohns time . the most are before him . but i haue seen catalogues of the time of henrie the third and edward the first , of many large portions of tithes , that doubtlesse came first from arbitrarie consecrations , and that through most of the dioceses of england , wherein not the least mention is of any grantor . only possession is rememberd . and that , by prescription . was to be iustified . some titles also i haue seen made to tithes in libells of the time of henrie the third , especially in the lieger books of reading , osney , and pipewell . but in none of them euer any deriud from consecrations . neither indeed , in that ancientest formularie of the canon law ( i mean durand , that liued about ccc.l. yeers since ) is any other libell for tithes , then such as make the title canonicall . none that touches lay consecrations ; which diuers yeers before his time became as much concealed in legall proceedings of the canon law , as they had been in the more ancient times desired and hunted after by such as were enricht by them . this of arbitarie consecrations , i presume , is like strange doctrine to most men . it may well be . for the truth of it , i think , was neuer before so much as pointed at by any that hath writen of any part of our subiect . but i doubt not but euery vnderstanding reader will think these things here now shortly noted on them to deserue his consideration , which i desire him also to referre to the xi . chapter . and also let him apply to them the admonitions toucht presently in appropriations . for appropriations which are in the . § . they consisted ( as you see there & in the xii . chapter ) for the purpose , either in conueying parish churches appropriated with tithes setled in them somtimes by a continuance of paiment , sometimes by consecrations , or by both ; or of churches that were then appropriated when ( according to the vse of the time ) none or few tithes were paid to them , yet afterward in the hands of the monks or such like , when the canons for paiment of tithes came into force , got parochiall paiment to be made to them ; or thirdly in passing of tithes formerly created and in esse . so that as by consecrations , tithes newly created , were setled in monasteries and the like , so , by appropriations , churches with tithes in esse , or with the pretended right to them , and tithes alone ( but formerly in esse ) were conueid to them . the whole appropriation of tithes with churches or churches alone ( we shew ) in that ancienter time was made by the patron . the churches with tithes ( by the name of ecclesia cum decimis , when tithes were paid to it ) was in point of interest giuen by him . and many more churches haue been so appropriated , then by the later and more known course . neither , i think , haue many new appropriations been since made . not many in regard of the number of the other . but deserues not this then another kind of consideration then is commonly dreamt on , among them which make tithes due by the diuine morall law to the euangelicall priesthood ? if they be so ; what had the patron as patron ( were he either temporall or spirituall ) to doe with them in conueying them to monks , friers , nunnes , poor people in hospitals ? none of these , by that name , are of the priesthood . and that way , they were so equally due to the ministring priesthood before the patrons title to the church , that what euer he could do after he were patron ( although also his act were confirmd by whom you will ) could not at all , it seems , touch them , or conuey them from him that should afterward exercise the spirituall function of the church . consider tithes so due ; and how could any monasterie deriue to it selfe any title to that selfe same tithe that was so due to the priesthood ? and if it had not the selfe same tithe , but by prescription or other ciuill title , hauing the glebe of a church had also a profit by the name of tithe as annext to the church , no otherwise then other lay endowments ( for no man can doubt but that any kind of persons may inioy a profit vnder the name of tithe or tenth , aswell as a rent of the ninth part or of the eleuenth ) who then is it that now detains the tithe due by the diuine morall law , in cases of appropriations ? doth the monasterie , or those which haue such appropriated tithes by conueyance from it ? or rather doth not the parishioner , that is bound to whatsoeuer is by that law due , although he pay neuer so many other tenths due only by some ciuill title ? or by that opinion , is not he that receiues the appropriated tithe bound to pay a tenth of it to the minister , and the parishioner a tenth of his nine parts . i affirme nothing here . it is no place for me to do it . but let these things be first considerable to euery one that talks of appropriations , and concludes tithes due iure diuino morali . and , for lay mens right to the appropriated tithes ( that is , such as did either vest in the monasteries by appropriations , or at least haue been enioied by reason of them ) let him examine it rather thus : may that which either grant or prescription , or other ciuill title once setled and so euen consecrated to god and holy vses , although abusd , be afterward prophaned to lay hands ? but it is a grosse error to make it cleer as many do , that if tithes be not due to the priesthood iure diuino morali , then appropriated tithes may be still possessed with good conscience by lay men ; and that if otherwise , then they may not . for though they be not due so ; yet is the consecration of them in the appropriation , nothing ? for if they be not due so , then it will be cleer , i think , to all , that they might passe in the appropriation , as other things , subiect to the titles of humane and positiue law. the many execrations annext to the deeds of conueyance of them , and pourd forth against such as should d●uert them to prophan vses , should be also thought on . and let them remember also , who saies , that h it is a destruction for a man to deuoure what is consecrated . to what we haue here of episcopall right pretended to tithes especially in germanie , & of tithes appropriated by bishops , you may adde the examples of thietmar bishop of werden in saxonie , that i about m.c.xl. contulit ecclesiae suae vndecem decimas , & contulit fratribꝰ decimam in esse . as also his successor herman , contulit ecclesiae suae mediam decimam de haselwerder , & integram in rakestede , & tunderling . and luder bishop there about m.cc.xxx . contulit ecclesiae decimam in emelendorp cum aduocatia , and ordinauit scolaribus decimam in mendorp . it seems this their giuing of tithes to their church was an assignment of them to the encrease of their prebends , or such like . for it cannot , i think , be vnderstood of tithes giuen to the bishoprique by themselues , who as bishops possest or pretended right to tithes generally in their diocese . but also , with that noted here touching gerold bishop of oldenburg ( or lubek ) his vrging them of the deserts of wagria to pay ; obserue the words of his perswasiue letter sent to them to get their tithes . deo , saith he , k gratias ago , quod multarum in vosiis parent vil tutum insignia , quod videlicet hospitalitati & vlijs misericordiae operibus propter deum insistitis , quòd in verbo dei promptissimi & in construendis ecclesijs solliciti estis ; in legitimis quoque vt deo placitum est , castam ducitis vitam ; quae omnia tamen obseruata nil proderunt , si caetera mandata negligitis , quia sicut scriptum est , qui in vno offendit omnium reus est . dei enim praeceptum est , decimas ex omnibus dabis mihi , vt benè sit tibi & longo viuas tempore , cui obedierunt patriarchae , abraham scilicet isaac & iacob , & omnes qui secundum fidem facti sunt filij abraha , per quod laudem etiam & praemia aterna consecuti sunt . apostoliquoque & apostolici viri hoc ipsum ex ore dei mandauerunt , & sub anathematis vinculo posteris seruandum tradiderunt . cum ergo dei omnipotentis proculdubio hoc constet esse praeceptum , & sanctorum patrum fit autoritate firmatum , nobis id incumbit negotij vt quod vestrae saluti deest , nostro in vobis opere per dei gratiam suppleatur . monemus ergo & obsecramus omnes vos in domino , vt mihi , cui paterná in vos cura commissa est , animo volenti , quasi filij obedientiae , acquiescatis , & decimas prout deus instituit & apostolica banno firmauit autoritas , ad ampliandum dei cultum & ad gerendum pauperum curam ecclesiae detis , ne si deo quae ipsi debentur subtraxeritis & substantiam simul & animam in interitum mittatis aeternum . valete . it seems he was in some confidence , that because he was a bishop , he might make them beleeue any thing of the patriarchs and the apostles . and you may see he loued the profit of the tithes so well , that he would not stand vpon any vnlucky venturing his credit in diuinitie , or vpon offering a plain falshood , in writing for them . for though they were due generally as he would haue them , yet how would he haue proued that all the patriarchs and all that were by faith as the sonnes of abraham , paid them ? or that thereby they all had gaind praemia aeterna ? and whence could he haue iustified it , that the apostles ordaind that they should be paid ? it may be therein he meant the constitutions of the apostles , of which enough before . if he did , how could he haue strengthened their autoritie ? but they to whom he sent remaind still as farre from obedience as the historicall part of his letter was from truth . and the truth was , he could by no means get any tithes of them . but for that ( in this § . ) of episcopall right , or the right of the euangelicall priesthood , so much pretended against tithes enioied by monks , that were indeed lay men , howeuer reputed as a kind of part of the clergie ; it seems that in those daies the bishops and priests often stood so much on it , and so much and so often labourd against consecrated & appropriated tithes , possessed by the monks ( for they knew it was to no purpose to vrge the lay owners , who after they had giuen tithe by consecration would giue no more to any of them ) that the most common place which in their synods and sermons they dealt on , was the right of tithes , as due to the priesthood . and in so much also and so vntimely was that common place vsed , that there talking of it was become a prouerb to denote their frequent going from the matter . as if most vsually they fell into that , when they should haue talkt of something else . this is iustified by a passage of the monk aimonius in the life of abbo abbot of floriacum , where he speaks of a synod held vnder robert king of france , about the yeer m. ( when aimonius liud ) in the abbey of s. denis . very many bishops , saith he , were present at it , l qui cum de fidei puritate & de corrigendis tam suis quàm subditorum prauis moribus sermocinari debuissent , iuxta vulgare prouerbium , cunctum suum sermonem ad decimas verterunt ecclesiarum , quas laicis ac deo seruientibus monachis auferre moliti , resistente eis in hac re hoc v. dei cultore abbone , promiscuam in se vulgi concitauere manum . and such danger did the bishops , in vrging it , draw on themselues , that they were driuen all to dissolue the synod by running away . you see here sermonem ad decimas vertere , was as a prouerb to go from the matter . and for those words , laicis ac deo seruientibus monachis ; i think , they are not to be interpreted lay men , and monks , but monks that were lay , and spent their time in the seruice of god ▪ for there is no doubt but the bishops and priests obiected the name of laici to the monks here ; and so was it fit , in the relation , to name them . and it was no wonder that the common people ( whose bountie , in bestowing of tithes on monks , should thus haue turnd to nothing ) so fiercely opposed them . if you vnderstand laicis by it selfe here , then it may denote the arbitrarie detaining or disposing of tithes by meer lay men , which , i must confesse , abbo and his monks and all other monks whatsoeuer had some reason to withstand . for they gaind much by it . but , i doubt , it cannot haue reference to lay infeodations . for as yet i could neuer see the least testimonie of an infeodation of tithes vntill many yeers after abbo's time . it might perhaps denote them also . but i dare not cleerly affirm or denie here . the . § . is of ancient infeodations of tithes . what is in old testimonie of them , is there deliuerd . but for time ; wee neither fetch them from charles martell , nor from the holy warre of between m.xcv. and m.c. as others do . plainly both those opinions are false . and it is as certain that they are false , as it is difficult to find the true beginning of infeodations . neither , i think , did any man euer referre them to charles martell , before martinus polonus archbishop of cosenza and penitentiarie to the pope , who wrote about m.cc.lxxx . ecclesias ( saith he of him ) spoliat , decimas militibus conferendo ; and this being through many hands receiud , hath to this houre abusd many mens credulitie . but thereof , enough alreadie . they are as farre out , that deriue them all from gifts made by churches , or impositions by princes . yet that most common opinion , that they all came first out of churches is elder then the other , and as ancient at least as frederique barbarossa . for in the controuersie twixt him and pope vrban the third about inuestitures , scimus ( are the m word ) decimas & oblationes à deo sacerdotibus & leuitis primitias deputatas . sed cum tempore christianitatis ab aduersarijs infestarentur ecclesiae , easdem decimas praepotentes & nobiles viri ab ecclesijs in beneficio stabili acceperunt , vt ipsi defensores ecclesiarum fierent quae per se obtinere non valerent . there is no question butt his opinion had soon autors enough among the clergie . for , the pretence of it was like enough a great perswasion to some lay men to giue in their infeodated tithes to the church . and this the canonists , for the most part , and generally the lawiers of most states , take for a cleer truth . which i much wonder at , seeing that while they take it so , yet they interpret that n canon prohibemus ( which is the principall prouision against feudall tithes , and was made by a councell , that best knew the practice of the neer former times , against such as were created by lay men to lay men ) to haue been the stay only of further infeodations into lay hands , that is , euery lay infeodation that hath force they suppose to be of before the time of that canon . as if the infeodations from lay to lay , there forbidden , were those from which such ( for the most part ) as continue had their originall . and therein doubtlesse they are right . and the later canonists that would apply it to all infeodations then in esse are grosly deceiud , or wittingly striue to deceiue . for in that respect , the canon is in no state in force . neither was it anciently so interpreted by the canonists . but in the other , that is , touching new creations of feudall tithes ( in preiudice of the church ) by lay men to lay men , it hath been euer admitted , and is in practice both in france and spain . and what better interpretation of it can be then the continuall practice vpon it since the making of it ? and so how can it then be supposd but that lay men before were chiefly the originall autors of them ? but some o lawiers here to iustifie their receiud opinion , bring this argument . had they not come from the church , they say , then had the tithes themselues , which are now possessed by lay men through infeodations , paid tithes also to the church by reason of the many canons made for paiment out of all yeerly increase . but this reason cleerly moues nothing . for the selfe same might haue been obiected against the known beginning of tithes created and consecrated to monasteries by lay men . plainly by the canons , notwithstanding such consecration , the parochiall right to the euangelicall priesthood could not be diminished . and by them also , aswell a tithe out of the tithe consecrated , as out of the nine parts of the parishioner , might , for aught can be proued against it , be demanded by the parish rector . but wee see cleerly both the originall of those consecrations to haue been from lay men ; and also that no tithe was or is paid either out of them or out of the rest of the profits of the nine parts . how then can the other argument touching infeodations better cōclude here ? beside it insists vpon canons . and would conclude practice from law. which course of proofe , vsd by most men that write of these things , is grosse and ridiculous . for who euer but indifferently obserues the storie of the elder time together with the laws , shall soon find that in the canon law especially , an argument from debere fieri to factum esse , is scarce so sound as that so hist at among children , à posse ad esse . the truth seemes to be , that both in consecrations , and infeodations , and appropriations of tithes , there was not any other thing thought on then the name of tithe , and the right of tithes generally due to the church ; as if euery thing being the tenth , and by that name as it were specificated , were presently the clergies . so that whatsoeuer was by that name giuen away to meer lay men or to monasteries by new creation in either consecrations or infeodations , was , it seemes , taken alwaies to be the selfe same indiuiduall tithe which was supposd due to the clergie . which also doubtlesse was a cause why many infeodations hauing originall only from lay men , were falsly supposed to haue first come from the church . for how easie was it that that which out of its own name only of decima was presently taken as to be due to the church , should be titled an ecclesiastique right , and then in the passages of them which would haue had it so , be reckond among such things as the church had a title to by a former possession ? and cleerly many of the laitie also could not but be very inclinable to that opinion . for so long as that held it is likely they resolud they needed not to pay any more to the church . for when the church would not keepe the feudall tithes when it had them ( they thought it once had them al ) they conceiued doubtlesse there was no reason why they should pay it any more or other tithes . thus perhaps vpon diuers grounds and causes , both the laitie & clergie deceiud themselues in thinking of the originall of these infeodations . but herein that which we haue toucht before to be considered in consecrations and appropriations is also considerable . for what could such infeodations by lay men to lay men , hurt the right of tithes which was in the priesthood ? especially if due either iure diuino morali , or by any positiue law ancienter then the infeodation . but we haue not affirmd , that no infeodations came originally from the church . questionlesse some did . and beside the examples alreadie noted , you may see that of racherius p who ecclesiae de hauchis ( in france , about the yeer m.c.xx. ) decimam laicali vsurpatione tenebat , as iuo's words are , and he gaue the church to an abbey of s. martins , and minutas in praesentiarum monachis demittendo concessit decimas , & decimam de culturis monachorum eis concessit ha●endam post sui decessum . here it seems he had inheritance in the tithes . for that other coniecture ; that they came first frō impositions made by princes ; i doubt it hath no kind of probabilitie . indeed it appears that anciently in turingia , the people were driuen before theiri● christianity q to pay tithes to the kings of hungarie , both of thein annuall increase , and of their children also ; and in the gouernment of the king that was declared by r samuel : it is said , he will take the tenth of your vineyards and giue it to his chiefe seruants , and to his officers . but where shall you find the least mention of infeodations made of such kind of tenths ? or any touch of them in the complaints of the clergie against infeodations ? and withall , nothing hath beene of lesse practice then giuing away in perpetuall right any such reuenue due to any crowne or state , only by speciall right of supreme maiestie . but admit , these had their originall this way or any other as you will ; vnlesse they can be proud to haue been made of the verie selfe same tithe which is due to the ministring priesthood ( which can neuer been downe ; sauing only where the infeodated tithe was at first receiud and possessest by the church by force of the law of tithing , not by arbitrary consecration ; in which case also it is considerable whether a lay man could be at all capable of the fructus only of them , if due by an immediat expresse law of god. ) i see not how they shuld more preuent parochial paiment to the ministring priest , then the paiment of rents in s terragies , or quantities in corn , vnder the name of tiths to land●ards shuld diminish the right of the spirituall tithe . which way had either such a fift as was pharohs , or the tenth spoken of by samuel , to be taken by the king , touched the tithe due by a superior or former law , to the leuitical priesthood ? both might wel haue stood together . might not so , nay , should not so tithes remain paiable frō the possessors of the nine parts to the euangelical priesthood , notwithstanding infeodations or any reseruations whatsoeuer , if they be due by a superior or former laws , especially if due by the morall law ? and that law should bee vrged rather against the tenants of the land then against the pernors of the feudall tithes . and that common distinction of the canonists , of ius percipiendi , & fructus decimarum here , is a mere shift , and nothing satisfies , vnlesse they could also teach vs how the fructus were the verie selfe same alwaies in infeodations , and that they were deriued from a ius percipiendi in some clergie man. perhaps too much of these things ; which are litle or nothing applicable to england , where we haue scarce any example of a tithe , that was in its nature feodall , other then in such as were taken from monasteries by the statuts of dissolution , and may still be calld , as originally , by the name of consecrated or appropriated tithes , although now infeodated . but thereof see the xiii . chapter . to the . § . that speaks of exemptions , for matter of story may be added that of the hospitalars . after their exemptions giuen them with the two other orders ; about the yeer mclx. in the eastern parts they tam domino t patriarchae quam caeteris ecclesiarum praelatis multas tam super parochiali iure quam super iure decimationum caeperunt inferre molestas , &c. and receiud such as were excommunicat for non-paiment of them de praedijs autem suis & vniuersis redditibus quocunque iure ad eos deuolutis omninò decimas negabant . where by the way note that in this eastern church ( which , after hierusalem was recouered and made a kingdome subiect to western princes , should haue been fashiond according to the canons of the western church ) tithes were now appointed paiable , although no authentike law of that old eastern church , once mentions them . but both in this and other things , the people of that church were stil ( notwithstanding the new kingdome of hierusalem possessed by europians , and the popes authority extended to them ) most u obstinate & refractarie against the policie and institutions offerd them either in command or example from the western . after the opinions of the age in the . § . the laws both imperiall , prouinciall , and pontificiall follow in the . vpon which let it bee considerd , whether a consecration of tithes were so made by the power and law of the church and common wealth or both ( in seuerall territories , according to the laws extended ) that no prophanation or detaining them or any part of them , might afterwards be lawfull . and the like should be carefully thought on in the . § . of the vii . chapter , and in the viii . chapter which hath the lawes of england , for the same purpose . the force of the words of all those laws ; the autoritie that made them ; and the territories to which they were extended , are especially to be obserud by euerie one that here looks after humane positiue law. for manie talke and write of that , and tell vs here of ius ecclesiasticum ( at least if they faile in their arguments from ius diuinum ) but whence that ius ecclesiasticum is , and where or when made , they little enough know . for what hath a prouinciall councell of one nation to doe with another ? what hath the imperialls of the old french empire to doe with england ? nay , what hath the popes decrees to do here ? but because there was a time when their autority was more largely acknowledged ; their decrees that bred much of what now iustly continues in some states ( which also iustly now denie their autoritie ) remaine most obseruable . and wee haue giuen them in their places . of the vii . chapter . in the last cccc . yeers , beside the establishment of parochiall right in tithes , and the various opinions touching the immediat law whereby they are due ; the practice of most christian nations , as it might be had out of their laws and lawiers , is faithfully related . and to what is there brought , adde that of the law of france , wherby the right of the tithe of all the minesis claimd by x the king , as a droit de souerainte , according as it is declard by two edicts published of charles the ix . and verified also by the parlament of paris . according also , the old imperiall law was . but through all here , you may see that the customes statutes and common laws , especially of france , italie and spaine , and of most other , if not all states , permit not , so fauourably for the clergie , an exaction of them , or suite to be so generally brought for them , as the laws of england did before the statutes of dissolution of monasteries , and still do , if you exempt those cases which are founded only vpon those statutes . what statute or practice is in this kingdome , that equals , the carolines of spaine , or the philippine of france , which are generall laws for customes ( quatenus customes ) de non decimando ? and whereas england vntill the dissolution , had scarce a continuing infeodation into lay hands ( of which see the xiii . chapter ) nor could a lay man by the common law before the dissolution , make any title to tithes as to lay inheritances ; in other nations tithes infeodated haue been from aboue d. almost dc . yeers frequent in vse , and still continue legally in lay hands , and are subiect wholly to secular iurisdiction , as also other tithes paid to the church are , whersoeuer any such suite is commenced for them in their spirituall courts , as stand not with their libertie challenged from their secular or common law. for euerie christian state hath its owne common laws , as this kingdome hath . and the canon law euerie where , in such things as are not meerly spirituall , is alwaies gouerned and limited ( as with vs ) by those common laws . for by that name are they to be calld as they are distinguisht from the canon law , which hath properly persons and things sacred only and spirituall for its obiect in practice , as the canon laws deale with things and persons , as they haue reference to a common , not sacred , vse or societie established in a common wealth . who knowes any thing in holy-writ knowes the vse of the word cōmon to be so distinguisht from sacred . indeed it hath other notions there also , and it is otherwise vnderstood in ius commune , frequently among canonists and ciuilians . but these nothing at all hurt the conuenience of this denomination . for by them , ius commune is vsed as it is opposd to municipale or consuetudinarium . but here , and in the nomination of the english laws , as it is distinguisht from sacred or spirituall . and so in this sense the allowance of customes , and parlamentarie statutes ( as they ought ) fall vnder the name of common law with vs. here i doubt not but it will be an obuious obiection , that i should rather call the supreme and gouerning law of euerie other christian state ( sauing england and ireland ) the ciuill law ; that is the old roman imperiall law of iustinian . for such a raigning , but most grosse ignorance , is euery where almost to be met withal in england , that you shal haue it affirmd for cleer that al other states are gouernd only by the ciuil law. indeed , if they which say so , vnderstood ciuill for that which is the ius ciuile of euery singular state , it were but the same to talk of ciuill and common law. for the common law of england also is the ius ciuile anglorum . but it is euen with one mouth pretended vsually , that the body of the imperialls , read and profest in the vniuersities , is the ciuill law , that gouernes ( as they say ) all other states . but this , howsoeuer receiued through lazie ignorance , is so farre from truth , that indeed no nation in the world is gouerned by them . for whersoeuer they are supposed to gouerne ( let the briefe cleering of so common an error , get pardon for the digression ) it must be taken , that they either gourne by their owne originall autoritie , as they are imperialls , or from their being receiued for laws into other states , which are not in that first way subiect to them . according to that first way ; only the empire and perhaps a good part of italie , should be ruled by them . but it is plaine , that for the most part , the disposition of inheritances , punishing of crimes , course of proceedings , dowers , testaments , and such other , which are of greatest moment vnder the legall rule , are euen in those states , where , by reason of their first institution , they retaine a kind of autoritie , ordered by most various customes and new statutes of seuerall prouinces and cities , so differing from those old imperialls ; that the whole face and course of them is exceedingly changed in practice . this is plaine to euery one , that obserues but the diuers customes and ordinances of the states subiect to the empire ; the ius camerale collected by petrus denaisius ; the nemesis karulina , as it is set forth by georgius romus ; and the many published decisions or reports both of the imperiall chamber , and the rota's of rome , naples , piemont , mantua , genoa , bologna , and other parts of the territorie of italie . you shall find those decisions , in matters of greatest moment , most commonly grounded on customarie law , or later constitutions . so , that to affirme , that in these places the old imperialls , or that ciuill law ( as they call it ) gouernes , is as if ( for example ) an equall ignorance shuld tel vs , that spain were gouerned only by alfonso's parfidas , and scotland only by malcolms laws or the quoniam attachiamenta ; or that in the time of the old emperors the roman state had been alwaies gouerned only by the xii . tables , or that england were legally ruled only by the grand charter , or by the two volumes of old statutes . like accession and alteration as any of these haue had , is found in the empire and in italie , where the imperialls haue , through the power of the emperors and y popes , any now continuing autoritie . now , for other christian states , which acknowledge no superior , or any subiection to the empire ( except portugall , where the roman ciuill law is autorized , by an z ordinance of state , in cases which are not literally comprehended in the customes or constitutions of the kingdome ) as france , spaine , scotland , denmarke , poland , the citie of venice , and what also in germanie hath made it selfe fro● from the empire ; what colour is there , that the imperiall ciuill law should gouerne in them . indeed in all of them , i thinke , the reason of it brought into method , is vsed and applied commonly to ar●●ment , when any of their customes or statutes ( which are especially in france and spaine very voluminous ) come in question , because the practicers studied it in the vniuersities , & had thence their degrees giuen them ; which yet they had not , till about some cccc . yeers since , neither before about that time was a doctor or professor of them known on this side the alpe● . but as it is law , it neither binds nor rules with them , no more then the old stories of heredotus , thucydides , diodore , polybius , iosephus , liute , tacitus , and the like , or cicero and demosthenes , or plato's lawes , and other of that kind ; which are equally somtimes vsed for reason or example , specially by the practicers of france . and so the old imperiall ciuill law valet pro ratione ( as bertrand d' argentre , president of the parlament of rennes a sayes ) non pro inducto iure ; & pro ratione only quantum reges , dynastae , & respublicae intra potestatis suae fines valere patiuntur and in france and spain , laws b were some ccc . yeers since expressely made , that the imperials should haue no force in thē . and in scotland it is ordaind , that no laws haue force there , but the kings laws c and statutes of the realme , and that it should be gouerned by the common d lawes of the realme , and by none other lawes . doubtlesse , custome hath made some parts of the imperialls to be receiued for law in all places where they haue been studied ; as euen in england also , in marine causes , and matter of personall legacies . but is england therefore gouerned by them ? it were as good a consequent to conclude so , as to affirme , that any of the other states were , because som petie things are ordered according to some imperiall text receiued and establisht by custome . but this may seeme no fit place to speak more ( perhaps not so much ) to cleere this grosse error of such as yet pretend to know more then vulgarly , but can make no difference twixt the vse of laws in studie or argument ( which might equally happen to the laws of vtopia ) and the gouerning autoritie of them . if any desire to search further here , beside the autorities cited in the e margine , let him especially see i. baptista à villalubos 〈◊〉 antinomia iuris regni hispaniarum ac ciuilis , & note especially la conference du droit francois auec le droict romaine , composed by bernard automne , and obserue both the volumes of statutes and ordinances of spaine , france , scotland , poland , and of other countries , together with the various prouincial customes , especially in france , with the arrests , decisions and playd●●es of that kingdome , and he shall soon be confirmed in that which a great ciuilian of italie is ingenuous enough to tell vs ; hispania , anglia , scotia , balia , hibernia , alemania , datia , suetia , vngaria , boemia , polonia , bulgaria f non vtuntur legibus seu iure ciuili , sed specialibus consuetudinibus 〈◊〉 statutis , that is , they are all gouerned by their owne common laws . 〈◊〉 that most learned frier g bacon , of his time ; omne regnum habes sua 〈◊〉 aquibus laici reguntur vt iura angliae & franciae , & ita fit iustitia in 〈◊〉 per constitutiones quas habent sicut in italia per suas . this was then , and is now true . and the interpretation of those common laws in most places , saue england and ireland , hath of late time been much directed by the reason of the imperialls , and only by the reason of them ( not by their autoritie ) and that also in case when they are not opposite at all to the common laws , but seeme to agree with the law of nations or common reason . and this vse of them , at the furthest , began in its yongest infancie , not c.d.lx. yeeres since . for before that , euen from iustinians time , they lay wholly out of vse : sauing only , that some pieces of them , with the interpolations of alaricus and his chancelor anian , together with lumbardine additions and interpretations , had their power in some parts of italie and the empire . but for about d.c. yeeres together , that is , from iustinian till frederique barbarossa , no profession was of them in any vniuersitie , no doctorship , no other degree taken in them . but after that time , they grew into a common profession in this western world ( although by their own autoritie they are confined to rome , constantinople , and berytus ) and euen here in england were , about henry the thirds time , often applied to the common law in discourse and argument , as you may see in bract●n his frequent quotations of them . and heretofore some texts of them haue been in our courts cited ; not only as at this day sometimes is done ( when the words only of some of the regulae iuris is brought into an argument ) but the title and law , after the ciuilians fashion , hath been rememberd at the barre , and so afterward exprest in the report , as i haue seen in an example or two in the mss. yeers of edward the h second . yet , notwithstanding that , it is cleere , that england was neuer gouerned ●y the ciuill ( or imperiall ) law , as it was also affirmd by the vpper house of parlament in rich. . where the king and lords protested also , that their meaning was , it neuer should be gouerned by it . of the viii . chapter . ovt of this fullnesse of laws that were made for tithes in england , let it be considered ( by such as enquire here de iure ) what interest was of right setled in the clergie by them ( howsoeuer they were litle obeyed ) and by what autorttie made ( we haue carefully added still what might help to a iudgement in that also ) and how extensiue , in regard of persons and territorie , they were , and some such other ; and how farre the tithes might be , after such laws , detained or made subiect to customes , or possessed as things of common vse , the laws of before , as well as of after the norman conquest ( as it is vulgarly called ) are here gathered , and are perhaps equally obseruable , as the rest , in the consequent of a generall consecration of tithes to the church in england . for neither were the laws formerly made , abolish by that conquest , although , by law of i warre , regularly all rights and laws of the place conquered , be wholly subiect to the conquerors will. for in this of the norman , not only the conquerors will was not declared , that the former laws should be abrogated ( and vntill such declaration , laws remaine in force , by the opinion of k some , in all conquests of christians against christians ) but also the ancient and former laws of the kingdome were confirmed by him . for in his fourth yeere , by the aduise of his baronage , he summoned to london , omnes nobiles sapientes & l●ge suâ erud●tos , vt eorum leges & consuetudines audiret , as the words are of the book of lichfield , and afterward confirme them , as is further also related in l roger of houeden . those lege suâ eruditi were common lawiers of that time , as godric and alswin were then also , who are spoken of in the book of m abingdon , to be legibus patriae optime instituti , quibus tanta secularium facundia & praeteritorum memoria euentorum inerat , vt caeteri circumquaque facilè eorum sententiam , ratam fuisse , quam ed cerent , approbarent . and these two , and diuers other common lawiers then liued in the abbey of abingdon , quorum collationi nemo sapiens ( sayes the autor ) refragabatur , quibus rem ecclesiae publicam tuentibus eius oblocutores elingues fiebant . you must know , that in those daies , euery monk here in england , that would , might remaine so secular , that he might get money for himselfe , purchase , or receiue by discent to his owne vse . and therefore it was fit enough for practicing lawiers to liue in monasteries . but what had those praeteritorum memoria euentorum ( that is , reports and adiudged cases of the saxon times ) auailed in their skill , if the former laws had not continued ? more obuious testimonies to this pupose are had out of n geruase of tilburne , ingulphus , and others , and we here omit them . but also , indeed , it was not to be reputed a conquest , or an acquisition by right of warre ( which might haue destroyed the former laws ) so much as a violent recouering of the kingdome out of the hands of rebels , which withstood the dukes pretence of a lawfull title , claimed by the confessors adoption , or designation of him for his successor ; his neerenesse of bloud on the mothers side not a litle also aiding such a pretence to a crowne . for the confessors mother emme , was sister to richard the second , duke of normandie , to whom , william was grand-child and heire . but these were only specious titles ▪ and perhaps examined curiously , neither of them were at that time enough . and howsoeuer his conscience so moued him at his death , that he profest he had got * england only by bloud and the sword , yet also by expresse declaration in some of his patents , he before pretended his right from the confessors gift . p in ore gladij , saith he , regnum adeptus sum anglorum , deuicto haraldo rege , cum suis complicibus , qui mihi regnum cum prouidentia dei destinatum & beneficio concessionis domini & cognati mei gloriosi regu edwardi concessum conati sunt auferre &c. and the stories commonly tell vs that the confessor successionem angliae ei dedit . and although harold also pretended a deuise of the kingdom to himselfe made by the confessor in extremis , and vrged also that the custom of england had been from the time of augustines comming hether , q donationem quam in vltimo fine quis fecerit , eam ratam haberi ; and that the former gift to the norman and his own oth for establishment of it were not of force , because they were made r absque generali senatus & populi conuentu & edicto ; yet for his own part he was driuen to put all vpon the fortune of the field , and so lost it . and the norman with his sword & pretence of the sufficiencie & precedence of the gift made to himself , got the crown as if he had bin a lawfull successor to the confessor , and not a vniuersall conqueror . all this is plain out of the stories , and iustified infallibly by that of the titles of many cōmon persons made to their possessions in england after his kingdom setled , vpon the possession of themselues or their ancestors in time of the saxon kings , especially of the confessor . but this was alwaies in case where they by whose possession the title was made , had not incurrd forfeiture by rebellion . many such titles are cleerly allowd in the book of domesday , writen in the conquerors time . one specially is noted by the most learned camden in his norfolk . that , as i remember , is toucht in domesday also , but enough others are dispersed there which agree with it . how could such titles haue held if he had made an absolute conquest of england , wherein a vniuersall acquisition of all had been to the conqueror , and no title could haue been deriud but only from or vnder him ? more might be brought to cleer this ; but we adde here only the iudicious assertion of a great s lawier of edward the thirds time . le conquerour ( saith he ) ne vient pas pur ouster eux que anoient droiturell possession mes de ouster eux que de lour tort auoient occupie ascun terre en desheritance del roy & son corone . it was spoken vpon an obiection made in a quo warranto , against the abbot of peeterborough , touching a charter of king edgar , which the kings counsell would haue had void , because , by the cōquest , all frāchises , they said , were deuolud to the crown . but , by the way , for that of his neernesse of bloud , which could not but aide his other pretended title ; let it not seem meerly vain , in regard of his being a bastard . there was good pretence for the helpe of that defect also . for , although the laws of this kingdom , and , i think , of all other ciuill states at this day , exclude bastards ( without a subsequent legitimation ) from enheritance ; yet by the old laws vsd by his ancestors & countrie men , that is , by those of norway , a princes sonne gotten t on a concubine bond or free , was equally inheritable as any other born in wedlock ; which was , i beleeue , no small reason why he stood at first so much for the laws of norway to haue been generally receiud in this kingdom . and some stories also which make mention of duke robert his getting william on that arlet or arir● ( as shee is sometimes writen ) say that shee was to him a good while vice vxoris so henrie of u knighton abbot of leicester : transiens , saith he , robertus aliquando per phaleriam vrbem normanniae vidit puellam arlec nomine pell●parij filam inter cateras in chorea tripudiantem : nocte sequente illam sibi coniunxit , quam vice vxoris aliquamdiù tenens willielmum ex ea generauit . and he tells vs also the common tale of tearing her smock . if shee were so his concubine or viceconiux ( between whom and a wife euen the old x imperialls make no other difference but honor and dignitie ; and by them also some kind of inheritance is allowd to y such bastards as are naturales liberi , that is gotten on concubines ; ) it was much more reasonable that her sonne should be reputed as legitimate , then that the sonne of euery single woman bond or free , whether concubine or no , should be so , as those laws of norway allow . and when he had inherited his dukedome , he made , doubtlesse , no question but that his bloud was as good in regard of all other inheritances that might by any colour be deriud through it . and therefore william of malmesburie well stiles him proximè consanguineus also to the confessor , as he was indeed on the mothers side . and those z of the posteritie of edward sonne to ironside , were then so excluded or neglected that their neernesse on the fathers side could not preuent him . you may see the common stories of them . but whereas that excellent a lawier litleton saies , that william the conqueror was called a bastard because he was born before mariage had between his father and mother , and that after he was born they were maried ( which indeed by the b imperialls and by the generall law of c france would haue made him wholly legitimat ) i doubt he had but litle or no ground to iustifie it . had he been so legitimat , it is not likely he should haue been stiled so commonly and anciently bastardus , which name euen in his d own charters he sometimes vsed with cognomento , as also the bastards of the old philip duke of burgundie were wont to do ; although of later time it bee reputed as a name of dishonor ; and the actio iniuriarum , or an action vpon the case lies where euer it be falsly obiected , as some will e haue it . but these things proue enough that this william seised the crown of england , not as conquerd , but by pretence of gift or adoption , aided and confirmd by neernesse of bloud ; and so the saxon laws formerly in force could not but continue . and such of them as are now abrogated , were not at all abrogated by his conquest but either by the parlaments or ordinances of his time and of his successors , or else by non-vsage or contrarie custom . the laws that are here gatherd are for the most part latin , saxon , or french. the saxon is interpreted by the old latin. but the latin and french are left only in their own words . i presume , scarce any man that with the least care studies the subiect , wil confesse he vnderstands not the context of such latin. and the french i translated not , specially because it is but the same which is in our old yeer bookes and statutes , and may indeed euen as soon be vnderstood by any fit reader of the rest , as i could haue translated it . and i thinke the iudicious searcher desires rather the originall tongue whateuer it be , then a translation . therefore i suppose ( if he haue not studied the laws , or otherwise know it ) he will rather take some minuts pains then blame me for not turning it . and howsoeuer to diuers peeuish ignorants , out of their daintie stomachs , and a pretence of nothing but the more polished literature , it may here seem barbarous and distastfull ; the truth is , it was the plain and genuine french of elder time spoken in the english court , and now lothed only by such a know not at all how to iudge of it , nor vnderstand the originall whence it came to be and remain so with vs. i remember that old f father gregorie of neocaesarea ( whom they call thaumaturgus ) speaking of the old imperialls of rome , as they were in their latin ( which both then was , and now is a most accurat and polite phrase ) commends them for that they were indeed in an admirable and stately language , and in such a one as fitted an imperiall greatnesse , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith hee , yet to me it is crabbed and troublesome . and so hee saies he was euer driuen to thinke of it . yet in his youth he was put to studie them at berytus , and was taught latin to that purpose . if to so great a man that curious language could seeme no pleasanter when he studied it , it is the lesse wonder that the law french ( which doth as truly and fully deliuer the matter in our lawes , as the latin in the imperialls ; though indeed farre from polite expression ) should bee so contemptible among the many petie ignorants which vsually despise what euer their lazie course of studies hath not furnisht them withall , and most indiscreetly censure things only as they see them present , without regard to the cause or originall of them , which made them that they were first ineuitable and afterward remained , not without exceeding difficultie ( if at all ) alterable . but this by the way . of the ix . x.xi.xii.xiii . and xiv . chapters . vpon the discouerie of the originall of our parishes , of the ancient and late practice of tithing here , of arbitrarie consecrations of tithes made by the laitie , of the first setling of parochiall right to tithes in england , of appropriations , of exemptions , of infeodations , and the ancient iurisdiction of tithes ( all which take vp these vi. chapters ) no fit reader can be so blind as not to see necessarie and new assertions and consequents to be made out of them in euery inquirie that tends to a full knowledge of the true and originall nature of tithes , as they are possest or detaind by either lay or clergie man , in respect only of any humane positiue law or ciuill title . but we should here briefly admonish somewhat of our appropriated or consecrated tithes , and conclude all with a touch of the canon lawes ancient autoritie , which in practice made such alteration in england , as is shewed , about the yeer m.cc. to the matter of consecrations and appropriations here , apply what is admonisht touching them in the reuiew of the vi. chapter . and let euery man first carefully looke that he know the course of old appropriations . and the way how the monasteries and colledges came by them , before hee conclude rashly of the tithes that are possessed through them . tithes consecrated and appropriated were purposely dedicate to the almightie and his seruice , although not without mixture of superstition , that we are sure of . but although a tithe generally were due to the euangelicall priest iure diuino ( without any ciuill title ) yet we are nothing sure that all or the most appropriated or consecrated ▪ tithes are the selfe same tithes so due . which yet is supposd as cleer , and neuer further thought on by such as haue troubled themselues and their readers whi●h arguments for the church , in the point of appropriations . let him that shall now write of them , see here the way how to consider them . and let him that detaines them ( and beleeus them not due iure diuino ) think of the ancient dedications of them made to holy vses . and howeuer they were abusd to superstition , as the other large indowments of the church , before the reformation ; yet followes it not , without further consideration , that therefore , although so dedicated , they might be prophand to common vses and lay hands . consult herein with diuines . but i doubt not but that euery good man wishes that at our dissolution of monasteries both the lands and impropriated tithes and churches possessed by them ( that is , things sacred to the seruice of god , although abusd by such as had them ) had been bestowed rather for the aduancement of the church to a better maintenance of the labouring and deseruing ministerie , to the fostering of good arts , reliefe of the poore , and other such good vses as might retaine in them , for the benefit of the church or common-wealth , a character of the wishes of those who first with deuotion dedicated them ( as in some other countries g vpon the reformation was religiously done ) then conferd with such a prodigall dispensation , as it happend , on those who stood readie to deuoure what was sanctified , and haue ( in no small number ) since found such enheritances thence deriued to them , but as seius his horse or the gold of tholense . but i abstain from censure , and adde here by the way , a complaint made to the parlament not long after the dissolution , touching the abuse that followed in the church through lay mens possessing of appropriated churches and tithes . it deserues to be seriously thought on by euery lay man that now enioy any of them , especially where diuine seruice is not carefully prouided for . ye that the lords and burgesses of parlament house ( so are the * words of it ) i require of you in the name of my poor brethren that are inglish men and members of christes bodie , that yee consider well ( as yee will answer before the face of almightie god in the day of iudgement ) this abuse and see it amended . whanas antichrist of rome durst openly without any viser walk vp and down thorow out england , he had so great fauor ther , and his children had such craftie wits ( f●r the children of this worlde are wiser in their generation than the children of light ) that they had not only almost gotten all the best lands of england into their hands , but also the moost part of all the best benefices both of personages and vicarages , which were for the most part all impropred to them ( the impropriations held by them were much more then one third of all the parish churches in england deuided into three parts ) and whan they had the gifts of any not impropred , they gaue them vnto their friends , of the which alwaies some were learnd , for the monks found of their friends children at scole . and though they were not learnd , yet they kept hospitalitie , and helped their poor friendes . and if the parsonage were impropred the monks were bound to deale almesse to the pore , and to keepe hospitalitie , as the writings of the gifts of such parsonages and lands do plainly declare in these words , in puram eleemosynam . and as touching the almesse that they delt , and the hospitalitie that they kept , euery man knoweth that many thousands were well receiued of them , and might haue been better , if they had not had so many grete mens horse to fede , and had not bene ouercharged with such idle gentlemen , as were neuer out of the abbaies . and if they had any vicarage in their hands , they set in sometime some sufficient vicar ( though it were but seldome ) to preach and to teach . but now that all the abbaies with their lands , goods , and impropried parsonages , be in temporall mens hands ; i do not here tell that one halpenie worth of almes or any other profit cometh vnto the people of those parishes . your pretence of putting down abbeys , was to amend that was amisse in them . it was farre amisse , that a great part of the lands of the abbeys ( which were giuen to bring vp learned men that might be preachers , to keepe hospitalitie , and to giue almesse to the poore ) should be spent vpon a few superstitious monks , which gaue not xl. pound in almesse , when they should haue giuen cc. it was amisse , that the monks should haue parsonages in their hands , and deale but the xx. part thereof to the poore , and preached but ones in a yeer to them that paid the tithes of the parsonages . it was amisse , that they scarcely among xx. set not one sufficient vicar to preach , for the tithes that they receiued . but see now how it that was amisse is amended , for all the godly pretense . it is amended euen as the deuill amended his dames legge ( as it is in the prouerbe ) when he should haue set it right , he brake it quite in pieces . the monks gaue to little almesse , and set vnable persons many time in their benifices . but now , where xx. pound was geuen yerely to the poore , in more than in c. places in ingland is not one meales meat giuen . this is a * feare amendement : where they had alwaies one or other vicar , that either preached , or hyred some to preach , now is there no vicar at all ; but the fermer is vicar and parson altogether ; and onely an old cast-away monke or frere , which can scarcely say his mattins , is hyred for xx. or xxx . shillings , meat and drinke , yea in some places for meat and drinke alone , without any wages . i know , and not i alone , but xx.m. mo● , know more than d. vicarages and parsonages thus well and gospelly serued , after the new gospell of ingland . and so the autor goes on with sharp admonitions to the lay men , that fed themselues fat with the tithes of such churches , while the soules of the parishioners sufferd great famine for want of a fit pastor ; that is , for want of fit maintenance for him . for without that , he is scarce to be hoped for . but we conclude with that of the canon laws getting such force , and making such alteration in matter of tithes about the yeer m.cc. when through it , parochiall payment became first to be performd here , or elsewhere , generally , and as of common right ( where other titles preuented it not ) and through it only ; not through the ancienter secular lawes made here for tithes . for the suits for them in the spirituall courts either were all grounded vpon the canons ; or the common right of tithes was now supposed in the libell as a knowne dutie to the clergie , without secular law. it may soon be apprehended , that it was much lesse difficult about that time , then any other , for the popes and their canon laws to gaine more obedience among subiects , and execute more autoritie ouer lay possessions , when also they so easily vsurpt power ouer supreme princes , which yeelded to them . for no time euer was , wherein any of them more insolently bare themselues in the empire , neuer neere so insolently in england , as in the continuing times next before and neere about this change . and to all states the church of rome now grew most formidable . remember but the excommunication and correcton sufferd by frederique barbarossa , henry the sixt , and other princes of the empire , and by our henry the second , and king iohn . the stories of them are obuious . and our richard the first , betweene those two , to gratifie the clergie here for their exceeding liberalitie , in contribution to his ransome from captiuitie , with great fauour gaue them an indulgent charter h of their liberties ; which being ioind with those other prone and yeelding admissions of the ecclesiastique gouernment ouer the crowne ( ●o were the times ) doubtlesse gaue no small autoritie to the exercise of the canon law in those things , which before about that time were diuersly otherwise . neither was that part of the canon law , which would haue a generall and parochiall payment of tithes , not only second to any , in regard of the clergie's profit ; but also none other , doubtlesse , was so great as it , in gaining the clergie a direct and certain reuenue . therefore it was not without reason on their side ▪ at such time as they saw the power of rome , that is , the autoritie of decretals and of the canons grew most dreadfull to prince and subiect , that they should vrge this on to a continuing practice , and that with execution of the raigning censures of the church . hence haue the canons , in this point , hitherto here continued , and haue been and are binding ecclesiastique lawes , sauing wherein the later expresse laws of the kingdome crosse them . and thus out of the qualitie of the time , with regard to the practiced insolencie of the pope and his clergie , in putting their canons and decretals in execution , that receiud generall practice of parochiall payment ( neere almost according to the canons ) and other such alterations , that suddenly varied from former vse , and from the libertie of the lay subiect , must haue its originall ; not from any want of the canons of the church of rome , as if they had not been here at all had or read , before about that time . for doubtlesse , the canon laws were here vsed and practiced as farre forth as the clergie could make the laitie subiect to them . for , about d. yeers before this alteration , good testimonie is of the publique and solemne receiuing of the codex canonum vetus ecclesiae romanae ( mentioned by old popes i for the eldest and most authentique bodie of the canon law of the western church ) and that in a nationall synod held in d. c.lxx . vnder theodore and wilfrid archbishops ; where , with one voice , the clergie answered theodore , optime k omnibus placet quaecunque definierunt sanctorum canones patrum nos quoque omnes alacri animo libentissimè seruare . quibus statim ( sayes theodore ) p●otuli eundem librum canonum &c. but at that time there was no law for tithes , or mention of them in the known canon law of the church of rome , or in any other prouinciall canons , sauing in that of the second synod of mascon . afterward also we find that leges episcopales l , which were serued by william the first from the hundred , and confined to the bishops consistorie ; that wee may omit the nationall or prouinciall constitutions of this kingdome , made in those elder times , according to the old canons of the church of rome . and x. yeers before gratians decree writen , it is certaine , that the canons of the church , generally by the name of canones and canonum decreta ( for diuers collections were of them , an some also confirmd by papall autoritie , beside the codex vetus , before that of gratian ) were familiarly talkt of and vrged in that great m controuersie in the synod of winchester , in the fourth yeere of king stephen , touching the castles of newarke , salisburie , and the vies ; where the king denied vtterly , censuram canonum pati ; that is , to haue it determined by them , whether , or no , the two bishops , roger of salisburie , and alexander of lincolne , might lawfull keepe their castles that they had fortified . but while the rest of the bishops stood so much vpon their canons , and euen in the face of maiestie profest a rebellion , the king and the lay subiects , it seems , grew so exasperated against them , that by publique command , for preseruation of the libertie of the crown and laitie , they were forbidden to be of any more vse in the kingdom . for so perhaps is that to be vnderstood ( as we haue elswhere n noted ) in iohn of chartres , o where he sayes , that tempore regis stephani à regno iussae sunt leges romanae quas in britanniam domus venerabilis patris theobaldi britanniarum primatis asciuerat . ne quis etiam libros retineret , edicto regio prohibitum est . what he calls leges romanae , the most learnd frier bacon mentioning the same storie , stiles leges italiae , and takes them for the roman imperialls , and not for the canan law. i confesse , i see not enough cleerly here to iudge ( vpon the words of iohn of chartres ) whether it were the canons or the imperialls . on the one side , if we say he meant that theobald or his clergie , brought the roman canon law ; it might so seem as if it had not been here before in the hands of the clergie , nor partly practiced by them . which doubtlesse is otherwise . if on the other side we vnderstand the imperialls ( copies of which indeed might well be at that very time brought as a noueltie hither ; for they were then newly found ; and plainly in henrie the seconds time , they were here in the hands of the more curious scholers , as you may see by iohn of chartres his citing of them ) how then is that true which he presenly after saies of the encreasing power and force of those leges romanae ? sed , saith he , deo faciente eò magis virtus legis inualuit quo eam amplius nitebatur impietas infirmare . what force or power at all had the imperiall here afterward ? where is any signe of it ? but the obiection against that which might proue them not to haue been the canon laws , may not difficultly perhaps be answered . it is true that the canons of rome were here before , and read , and partly practiced in the church . but diuers collections were of them about this age of king stephen , and perhaps some later and larger collection might be brought hither by archbishop theobald , or some of his clergie , which are vnderstood , i think , in that domus venerabilis patris theobaldi . he himselfe perhaps might bring iuo's decree ( when he came from rome in . of king stephen ) and endeuour the strict practice of it here ; which the king and the lay subiect had reason enough to dislike ) or some of his clergie might perhaps afterward bring in gratians decree , that was both compild by gratian and confirmd by pope eugenius the third , about ten yeers before theobalds death , that is , about . of king stephen . and this way those words of legis virtus inualuit , may haue their truth . for howeuer that opposition against the canon law were , it is most certain that this first part of the body of it ( the decree ) was presently vpon the first publication of it in vse in england , and familiarly cited by such diuines as talk● of what had reference to it , witnesse especially p giraldus cambrensis in his epistles . and the practice of the canon law here for the time of henrie the second , is seen in the epistles of that iohn of chartres ; which yet remain and are , i think , the ancientest examples of proceedings in our spirituall courts . but notwithstanding that first part of the body of the canon law , which expresly commanded tithes to be generally paid , were here soon receiud among the clergie , yet about l. yeers after that , the former course of arbitrarie consecrations of them continued . and both that and the rest of those courses in disposition of church-reuenues which so differ from the canons , and from the practice of this day , was not fully alterd till some decretalls came hither with more powerfull and dreadfull autoritie ( as the times were ) of some of the following popes , especially of alexander the third , and innocent the third , which two alone , i think , sent as many commanding decretalls into euery prouince as all their predecessors had before done ; and especially into england , as is alreadie shewd , they sent diuers ( only for the matter of tithes ) which were all first of papall autoritie for the particular ends for which they were sent , and so were obeid as canon law , although none of them became parts of the generall canon law vntill gregorie the ninth put some of them into his decretalls autorised by him in the yeer m.cc.xxx . about which time perhaps and diuers yeers before , the canon law of rome was not only read here priuatly among the clergie , but professed also in schooles appropried to it . so i ghesse is that close writ of . hen. . to be vnderstood , which prohibited the holding of scholae legum in london . it was directed to the maior & shrifes commanding them , q quod per totam ciùitatem london clamari faciant . & firmiter prohiberi ne aliquis scolas regens de legibus in eadem ciuitate de caetero ibidem leges doceat . et si aliquis ibidem fuerit huiusmodi scolas regens ipsum fine dilatione cessare faciat t. rege apud basing . xi . die decembris . this was fiue yeers after the decretalls published . and it seems most probable , that these leges were canon laws , perhaps mixt ( as vsually they were ) in the profession also with the imperials ( for both of them were , it r seems , studied here vnder henrie the third by the clergie , more then any other part of learning ) and therefore were forbidden as being both , in regard of their own autoritie , against the supreme maiestie and independencie of the crown of england . the end of the reuiew . the ancient records and other manuscripts , vsed in this historie of tithes ; with references to the places where they are cited , and to the offices and libraries wherein they remain . they are specially therefore here collected that the more learned reader ( being perhaps , out of his owne studies , furnished with the most or all of what we haue out of printed testimonies ) may at one view , without pains of reading the whole , be directed to all of them . i presumd he might wish for such a collection ; which was neither difficult for me to make ; nor will it be hard for any man that hereafter transcribes or prints it , to alter the numbers of the pages according to his transcribed or printed copie . the margine will easily help him . w●th these i reckon also that book of parlaments ( for the most part , of the time of ed. . ) remaining in the hands of that courteous and worthy gentleman mr. i. borough . it is cited , pag. . . . . records in the tower of london . of the time of king ethelbert , p. . william the first , pag. . . . william the . p. . henrie the first , p. . . . . henrie the . p. . . . king iohn , chap . § . . & p. . . . ● . henrie the . chap. . § . . & pag. . . . . . . . . ● . . . . . . . . edward the first , p . . . edward the . p. . . edward the . p. . . . . . . . . . . . henrie the . p. . ● henrie the fift ▪ p. . w●th these i reckon also that book of parlaments ( for the most part , of the time of ed. . ) remaining in the hands of that courteous and worthy gentleman mr. i. borough . it is cited , pag. . . . . in the office of receipt of the exchequer . the booke of domesday , p. . . . . . . . . records of the time of richard the first , p. . . . king iohn , p. . . . . edward the first , p. . · . . . edward the second , p. . edward the third , p. . in the office of the kings remembrancer . the red booke of the exchequer . pag. . in the princes librarie . king knouts laws ( pag. . . ) it is a most ancientest and perfit copie of them in latin. in the publique librarie of oxford . ioannes anglicus his historia aurea . pag. . the legend of the lord and parson of cometon , at the end of iohannes de grandisono his life of thomas becket . ibid. an epistle of the vniuersitie ( touching personall tithes ) to the conuocation of the clergie . p. . thomas elmham prior of lenton his chronicle of henrie the fift . chap. . § . . in the inner temple librarie . the yeeres of edward the second at large . pag . in the librarie at paules . iuo his decreta . chap. . § . . twice . in sir robert cottons librarie . chartularies or leiger-bookes of the church of vtrecht , chap. . § . . in marg . & chap. . § . . abbey of abingdon , chap. . § . . & p. . . . . &c. to . . . . church of worcester , chap. . § . . church of landaff , or tile , p. . in margine . priorie of gisburn , p. . . . church of rochester , p. . . &c. to . abbey of reding , p. . . abbey of osney , pag. . . . . . . . . . . nunnerie of clerkenwell , p. . nunnerie of chartris pag. . abbey of s. albons , p. . . to . . priorie of bosgraue , p. . to . . priorie of s. needs , p. . . hospitall of s. leonards , p. . . priorie of merton , p. . a most ancient copie of the synod of . held vnder carloman , bound with a ms. ansegisus , chap. . § . . fridegodus , pag. . and a bull of lucius the second , in the same volume , pag. bernardus morlanensis , pag. iuo's epistles . pag. a volume of decretall epistles , wherein are the most of those in appendix concilij lateranensis , pag. . & henry knighton abbot of leicester his historie , pag. . excerptiones ecberti arch. eboracensis , pag. . nicholas of glocester , pag. and a french fragment in the same volume , pag. robert of glocester , pag. iohn pike , pag. saxon chronicles of peterborough abingdon canterburie pag. . statuta synodorum , pag. . . . . . saxon lawes in saxon , pag. . . and an old exhortation in one of the volumer of them in . chap. . § . . historia iornallensis , writen by iohn brampton , pag. . . . . . . saxon laws in latin , p. bede in saxon , p. . . . . fleta , p. . . the storie of the church of landaff , pag. . and a councell of the yeer . ( vsed in pag. . & . ) and some decrees of odo archbishop of cant●rburie are bound vp with it , cited pag. . and in the same volume , the life of s. cadoc . pag. a councell vnder king ethelred , pag. . . . a booke full of late collections out of some saxon and latine moniments of this kingdome , in a large . pag. . . . lanfranks epistles , pag. regularis concordia monachorum &c. pag. fulcardus dorobernensis , pag. . and in the same volume a bull of gregorie the ninth , and a charter of athelstan , cited pag. . & . and a writ to the shiriffe of yorke about tithes , pag. turgotus prior dunelmensis , pag. . the life of saint cuthbert , pag. . thomas sprot , a monk of canterburie , p. . . . petrus blesensis his continuance of ingulphus , p. matthew paris his liues of the abbots of s. albons . p. originall instruments remaining there , pag. . . to . . . . . . anselmes epistles , pag. . . the published copie wants verie manie . giralaus cambrensis his symbolum electorum . p. . . matriculus ecclesiarum in archidiacon . leicest . p. radulphus de diceto , p. . the ancientest booke of ely , p. . the epistles of robert grossetest , p . . the historie of lichfield , p. gulielmus pictauensis his life of william the first , p. . it is now on the presse at paris , with other things belonging to normandie . in the librarie of mr. tho. allen of glocester hall. robert of glocester , pag. annales of the monasterie of burton , pag. . . in margin . . . . . and in that volume are bound constitutiones cuiusdam episcopi , cited pag. . turgotus dunelmensis , pag. . in marg . & . in mr. patrik yongs librarie . theodore balsamon vpon the councels and some canonicall epistles , in greeke , pag. in my own hands . our prouinciall constitutions in course of time , p. a book of constitutions and other things belonging to the church of yorke , pag. . & . and a reference is in page . to one of the constitutions of the same prouince , that i long since found in the librarie of mr. henrie sauill . the eire of darby , of . of edward the third , pag. ● roger of houeden , pag. exposition of old law-termes , pag. . an english penitentiall , to direct priests in auricular confession , pag. two of those ( commonly calld ) bretons , much corrupted in the print , pag. bracton ( much corrupted also in the print . ) pag. faults committed in the print . page . l. . epistles . p. . l. . ecclesia , and l. . lege . sed ita se habet etiam editio secunda iuonis . autorem verò prima in eo loco vsus esse videtur ; atque eam recte in exemplari quod accérit typographus , emendabat . p. . l. . was for were . p. . l. . broacht for brought . pag. . in marg . . hen. . &c. p. . l. . honorabiles . p. . l. . licet . p. l. . church . p. . l. . droict . p. . l. . m.ccc.iv . p. . l . deferes p. . l. . thenceforth ▪ p. . l. . domini . p. . l. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p. . l. . minister . p . l. . suprascripti . p. . in marg . l. vlt. dele in . p. l. . innuant . & l. . proueniunt . p. . l. . first . p . l. . iubemus . p. . l. . ipse for iose. p. ▪ l. . known . p. . l. . reuenues . p ▪ . l. . tell . p . l. . decimarum . p. . l. . magnates . p. . l. . are for is . p. . l. . istum . p. . l. . domino . p. . l. . sollicitè p. . l. . hospitale . p. . l. . hath for had . p. l. . mens for mans . p. . l . by the writ &c. p. . l. read or more of &c. & in l. . blot out more . p. l . veniunt . consilium &c. p. ● . l. . cuius the abbesse &c. p. . l. . demanded for commanded . p. . l. . read we for some . p ▪ l. . supposititious . p. . l. . blout out as . p. . l. . for what read that . p. ● . l. . bee done for been downe , & l. . terrages . & l. . law. p. . l. & . for canon , common . & l. . read denomination . p . l. . enioies . the printer to the reader as i found the copie partly printed partly writen , so is this done off ; sauing only where those faults , and perhaps some other which your courtesie , reader , may amend ) are committed . neither thought i it fit to alter any thing without the autors presence , whence euen the syllables of those passages in which mention was as if it were yet but in part only printed ( as my copie was ) are also retained . notes, typically marginal, from the original text notes for div a -e * proclu● in platoni● ▪ ●heolog . lib. . ca● . & lib. . cap. ● . a isidor . p●●ufiota lib. . epi●t . . c aelian ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . lib. . cap. . d extr. tit . de eccl●s . adi●i● . c. . de his . e extr. tit . de offi● . iudicis ordinari● c. cum 〈◊〉 . f li●dwood . ● . nullus , tit . de consu●tudine . & tit . de officio archidiac●n● c. archid●●con● . verb. ●eparatione . & de testamentis . c. vt clerk ▪ calis , verb. l●g●ti●a g videsis vtrosque in c●● . conc. chalced . . & . in trull● . & . & balsam . in chalced . can. . & . praeter id quod de agapio & gabadi● episcopatum bostrensem petentibus , subiungitur concilio carthaginiensi . h sleiden . commentar . lib. . i de ea re consulas si plura velis , ioscelinum de bark● land , c●p . . ms. in bibl. cottoniana & codicem illum geruaesii t●lburie●sis dictum in sca●carij archiuu . k chap. . §. ● . l polit. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cap. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . * instit. orator . lib. ● . cap. . a alberic . g●ntil●● de potestate regi● absoluta , seu d●sput . . b l. . siquis ff . de ●ollicitat . c budau● ibid. & in l. quicunque ff . de institor . action● . d apud ma●t . capellam llb. . de nuptti● philologia & merc●ri● . & de philologes al●quot veris consulas , qui●tilia● , instit. orator . lib. . cap. vl● . e bodi● ▪ de repub ▪ lib. . cap. . f comit. norimberg . . grauamine . g varia● . resolu● . lib. cap. . & practic . qu●st . . h d● officio & potestate episcopo part . cap. . i ad . d.th. q. . notes for div a -e * epist. ad heb. . a arch●olog . α. cap. α. b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●l●●mosyn● n. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sapius 〈◊〉 in alcorano , quod monuit 〈◊〉 ta● humanitate quam doctrina singulari guil. bedw●llus linguarum inpromis orientali●● call●●tisi●mu● . vid● azoar . . . & . d in epist. ad ebr●●s . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ● . e histor. . f in epist. ad e●●grium , t●m . ● . g philostrat ▪ in vit . s●phist in nic●te . vnde emendes opo●te● deprauatos su●dae copices in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . h vlpian ▪ ff . de actionib ▪ e●pt . & vendit . l. . §. . i vett . glossa v●rb . iuris in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i glossar . vet● . graecelat . edit . ab h. stephan● . l genes . . . m ios. arch●●log . ● . c. θ. n exod. c. . . o origen . lib. . in iob. p in epist. ad e●agrium . q gen. c. . . a tertull. lib aduers . iudaos . alij item 〈◊〉 . b gen . . c cyrill . aduers. iulian. lib. . d ita d. chrysost. in genes . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in . d. ambros. lib. . de cain & abel ▪ cap. . & lib. . c. . vide epist ad h●bra●s . cap. . . e archangel . in dogmat. cabalisti ● . . f tertull. lib. de har●s . id genus plurim● habes apud epiphanium . tom. . lib. . cap. . & irenaeum lib. . cap. . g clem. alex. stromat . . h in pr●sat . ad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i apoc. cap. . ● k thomas el●ham prior l●nt●n in chr●nic . h●n . . in biblioth . bodleiana . l hieron . epist ▪ ad paulinum . m bodin . method . hist. cap. . n exod. . . leuit. . . num. . . o in talmu● . in seder zeraim , masse hotli bicerim . atque inde re●centiores corum iurispe●iu . deut. ● . . salomon iarchi ●d ●ict . locum . 〈…〉 ▪ & d. ●ieronymus ad 〈◊〉 . cap. . & cas●●anus colla● . . 〈◊〉 . . hanc loquendi ●rmulam habes ●pud d. matthae●● , cap. . . ezek. cap. . . . t num. . . u iudaei passim , & ioseph . arch. lib. . cap . to ●it . cap. . con . m. . x num. . . y epist. ad fabi●lam , de veste sacerdotali . z stat. . h●n . . cap. . a b●n-maimon i● iad . chazeka , part . . massec de decimi● . c. . b deut. . . c iarchi ad eund . lotum . ●●ephus lib. . arch. cap. . e tobit . . . f archaol . . c. . g d●atrib de de●imu iudaorum . h mos. miko●zi in mitzu●th , c. . ●en k●ttun . pr●c . . alij . i in misnah torah part . . de decima secunda , cap. . k deut. . . l xenoph. hist. graec ▪ α. m salomon iarchi ad dict . loc . deut. n exod. . ● . o leuit. . . & . p iarchi ad leuit. cap. . & rambam in massech . deprimogenitis , c. . q . paralip . . malach. . & nehem. cap ▪ . r rambam de decimi● ▪ cap. . s ep ad hebr ▪ cap. . . t epiphan . lib. . har●s . . vide , si placet , casaub●● . aduers. baron . pag. . & . u in serm , . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , tom . . pag. . & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in epist. ad philippenses . tom . . pag. . editione sauiliana . x exod. . . y luc. ● . . matth ● . . z deut. . . a ramb. part . . tract . de th●rum●th cap. & mikotzi in praecept . . b leuit. . , & . c in lad chaz●ka tract . de therumah , c. . & mik●tzi●● pracept . . rot. cart . reg. io● . part . . minib . . cart. . d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . lib. α. cap. α. e deut. . . & cap. . f inquast . romanis . g in lucullo , alibi & d●odor . sicul. bibliothec. . h apud aur●l . vi●t . in orig. g●● . rom. i de natura deorum lib. . k plautus in sticho . l in tru●ulento . m in apolog●tici cap. . n anno ab v. c. . o i. gruter . in inscript . p ▪ . & i●s . scalig. in catalect . v●t . lib. tit . . plura de hoc epigrammate , quae adijci possent , hae●e ad●ectere intempestiuum esset . p saepius apud symmachum in ep●stolis . q videsis angel. polit. misc●ll . cap. r plautus in m●stellaria act . ● . s dionys. ●ali●arnass . lib. . & steph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . t plutarch . in camill . l●u . lib. . u vide dionys. halicarnass . lib. . & ● . x catalect . v●t● . lib. . tit . . y ff . tit . de ▪ policit . l. . quis . §. . z c tii . de sacra● sanct . eccles l . si quis donauerit . a 〈…〉 . opusc . aduers. episcop . laud● . na●s . c. . b clem. alex. stromat . α. c herodot . lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . d trogus histor . e herodot . lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 f idem in vrani● . g xenophon graec. hist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . & in vita ag●silat . h callimach in hymn . ad delum . i herodot . lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . k xenoph. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cyr. ● . l pausan. elias . ● . & in 〈◊〉 . m aristot. in occ●n●●ile . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n herodot . lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . o idem in m●lpo● . p idem in terpsich●r . q xenoph. histor . grac lib. . & videsis m●ursi●● attic. l●ct . . c. . r lucian . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . s apud harpocrationem in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . t suidas in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . u hesych . in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & harpocration in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . x in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . y thucydides lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hoc est , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , inquit scholiastes vetus . l●●rt . de vit . philos lib ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a scholiast . in aristoph . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . b iustin. lib. ● . c plin. hist. . c. d c●lsus ap . originem lib . ar●●●n . de g●st . alex. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . strabo lib. ● . herodot . lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . e apud aeliarum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , lib. . cap. . f act. cap ▪ g homil. . in acta . h act. apostol . cap. . . i epist. . ad corinth . cap. . . vide o●kam in oper die●um , cap. . k vide synod . gangr . can. l apolog●tic . cap. . & videsis c. . m vrban . . in epist . c. . q. ▪ c. . sed & vide euseb ▪ eccles. hist. lib . cap. . edict . maximini , & lib. . cap. . edict . constant. & in lib. . de vita constantini , c. ▪ n cyprian . epist. . & . & vide epist. . editione pa●nmeliana . papinian ss . de occu●●on ● . §. . & c. tit de ●portu●is & vide glos●as graec. 〈◊〉 in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p concil . chalced. a. d. ▪ in lib. ●● . samuelis & al. ●●ntra iban . & videsis ●om . . co●cil fol. ● . cap. . edit . binij penultima . p epist. . edi● . pammel . r de vnitate ecclesiae ▪ § , ● . s appian . lib. . &c. t c. tit de metalla●iis l. . cuncti . & ●in c. theodos. lib. ●it . . l. . & . u amm. marcellin . lib. . x tom. . edit . sauiliana , pag. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. y homil. in nu●er . cap. . a clement . in con●●it . apostol . lib. . cap. . b synod . in trullo ▪ cir●a a. d. . ca● . . c canon . apost . cap. . & . d baron . annal. tom . . 〈◊〉 . . pag. . & ● . . pag. . edit . plantiniana . e c. ● . q. . c. . hanc cons●etudina● . f c. . q ▪ . ● . quoni●m . vt genu●●nae d. hieronym● memini● etiam innocent . . in ext● de his qu● fiunt a prael●tis . ● . cum . apostolicae . g in epist. ad nepositnum ●e vita clericorum . h ● . ad tim. c p. . ● i collat. abbat . theone , ▪ cap. . & . k ●ugippius in v●ta s. seuerini , cap. . & . matiscon . conc●l . ● cap. m vide cum in epist. ad philippe●s . & sermonem . ●n cos . qui clericorum opulentam inuiderunt , tom. . edit . sa●●liana . n arelat . c. . & videsi● c. . q. . c. . . & ▪ o anseg●sus c●pitular lib. . c. . & vide lib. . cap. ▪ p apud molanum in ss . belgii in . octob. q chronicon . came●ac . & a●reb . lib. . c. . r bonifac. mogunt . epist . al●ae sunt ciusmo●i donationes pipini regis & aliorum in regesto ms. ecclesiae vltraiect ensis , quod seruatur in bibliotheca c●●toniana . & vide proximum caput de●a●re . s in epist. ad ethelbald . r●g . m●r● . apud g. malm●sb . lib. . cap. . quod t●● de carolo isthoc ibi dicitur , in editis bonifaci● epistolis deest . t legend ●uch●rii apud surium , tom . . . febr. & vide gratian. c. . q. . post canonem . . edit . gregorian . u tom pag . & . ●dit . ●la●tini●na . ●ed v●roin hacre alij aliter . & qui curios●s hic esse velis ▪ prae● . 〈◊〉 qua satis o●u●a●un● ▪ ad●is . adreualdi autoris v●tustiss l●b . . de miraculis s. benedicti , c. . x inter ep●st . s. boni●aci● post . . x●de , si placet , epist . & zachariae pp . ad ●um epist . . y a. d. . z c●nt . madg●urg . . &c. v●teris huiusce ae●i sermonis ignari hallucinati sunt ▪ in ipsam synodo ita legerant funda●as pecunias ecclesia●um ecclesijs restituimus . et ita codex vetutiss ▪ ms in thesau●o illo cottoniano , pecunias autem decimas significasse opinabantur sedperperam & ridicul● . pecunia● ibi praed a sunt . * tom. . serm . ser. . post . dom. . quad●ag●ssima , & vide serm in ascens . domini . a in serm . de temp. in tom . . est vero . edit . antwerp . atque ipsissima huius vocabula habentur in tractatu illo supposititio b. augustino falso tributo , & de rectitudine catholica conuersationis ▪ inscripto . b cap. . . c i. e. viuend● g●nus . d ad cap. . malachia . e . tim. . . f hom 〈◊〉 epist. ad corinth . in cap. . g videsis lactantium lib. de vero cultu cap. . & tertull. de corona militis . h abrah . ben. ka● . ta● . pracept . . i deut. cap. . . k ibid. cap. . . l origen . iudai● . lib. . cap. . m homil. . in euang . & dist . . de consecrat . c. . n m●tis●o● . . cap. . o tom. . conc●lior . fol. . p decret . part . . cap. ● . q c. . ● . . & &c. r c. . q . c. . s decret . g●las● , cap. . t ex binio in tom . . concil . alij , qui de hac re agunt . u decret . lib. . cap. . x concil . ●urel . cap . . & . y c. ● q. c. . de his . z concil . aurel. . cap. . & aurel. . cap. . a arelat . . cap. . b t●l●ta● . . cap. . c synod rom. sub syluestro papa cap. . d de●ret . lib. . cap. . e in prologo●m . ad tom. . concil . f part. . c. . gar●●as apud binium in tom . concil . ex eo alij . g palladiu● hist. lausiaca in m●lan● & in concilio sardi●ensi subscribit osius ab spania & coltus ab spa●ii● . h ans●gisu● capitular lib. ● cap. quod ipsum etiam habet iuo part . . cap. . i synod . agath . c. . & . & ● . synod . rom. . sub symmacho pp . c. . & . edict . leones . & anthemii c. de sacros . eccles. l. iubemus , &c. c. . q. . c. . nouell . & . co●c . paris . . cap. . turonens . . cap. . bracarens . . cap. . leg. wis●gothorum lib. . &c. k burchard lib. . cap . & iuo part . . cap. . l agobardu● lugdunensis de dispensatione &c. contra sacrileg●s , pag. . edit . massoniana , parisijs . m bonifac. arch. mogunt . epist. . zacharia● pp . ibid. epist. . & will●baldus in vita bonifac. cap. . & . n epist. . ad cutbertum arch. cantuariensem . 〈◊〉 item epistola 〈◊〉 videsis num . . o m● . in biblioth . cotton . p ph●t . nomocan . tit . . & c. de episcopis & cleric . l. q biblioth . patrum , tom . . r fortè legendum primitiarum & decimarum . s concil . . bracarens . cap. . & vide toletanum . cap. t concil aurelianens . . cap. . * aliter ecclesiastici . quod vid● prox . §. a concil . m●g . . q. . c. . metens . circae ann . . cap. . m●g ▪ circa a d ▪ benedictus l●uita lib. . c. . b leo . in c. . q. de monachis c. &c. . & saepe in capitularibus . c leg. lo●gobard . lib. . tit . . cap ▪ . hlothari● imp & in addit . q. ad capitular . cap . d benedict leuitae , lib. . c. . e synod . t●cin●ns· c q. . ● . in s●cri● canonibus . f videsis , ante alia , diplomae ibid. dat ▪ . i●do●i●i . imperatoris . in quo , quae superiores concesserant , recensentur . g diplomat . ● . & in stemmat . ●otharingiae apud francisc. de rosicres h in placi● . de iurat . & assis . apud cicestr . . hen. . r●t . . i biblioth . cl●●iacens . pag. . k a. d. . l a. d. . m biblioth . clu●ia● . pag. . n ex tabular monasterij a●ud iaecob . irmondum in g. vindoc●●ens . pag. . o goffrid . vindoci●ens lib. . ep●st . . p ita etiam petrus cluniac . lib. . epist. . & . q in diplomat . ludouici crass● apud andream quercetan n noti● ad petrum abelardum , pag. . r innocent . . epist . decretal . lib. . pag. . edit . coloniensi . s vide , si placet , chartam galfr●d● viceconitis monasterio s. dionisij datam apud andr. qu●r●etan . in notis ad bibl. cluniac . pag. . chartam w. comitis niuern . apud eundem pag. . adelardi cast●igunterij dom. apud la● . sirmondum in notis ad goffr . vindoc . pag. . gottefredi bullo●●i . apud aubert . miraum in lib. de canonicis collegijs c innoc. . epist. decret . l. lib. . pag ▪ . t cap. . u in serm . ● . de dedication● templi pag. . tom. . nec vigo●em eiusmodi donationes obt●nere san●●uit ille , extr . tit . de de● c cum . apostolica . x decr●ral . epist. lib. pag. . y extr. de paroch . cap. si●nificauit . z b●nedict . leui●a capitular . lib. . cap ▪ . conc. megunt . c. q. . c. . leg●s longobard . lib. . tit . cap. . a apud fl●d●ard●m in hist. ecclesia rhemensis , lib. . cap ▪ . b summa part . . qu●st . . memb . . art . . c vide etiam quae in proxima sectione de danis . turingis , alijs item adferuntur . d videsis anacl●● . & steph. pp . in epist. decre● . hin●mar . rh●mens . in opusc. . ca. & consulas inprimis iosephum scaelig●rum in not●tia gallia , & in epistolu pag. . editione francosurtana . & ph. berterij , diatribas in pithanon . e concil . sardic . cap. . f neocasar . cap. . & vide anti●chen . cap. . & . a leg. aleman . cap. . b vide concil . gangr . can. & chalced. can. . c vide concil . antioch . c. . & . & vrban . c. q. . c. . d synod . rom. sub pp . cap. . & gelasis decret . cap . atque hic diuisionis modus in vsu erat vetustioribus istiusce aeui christianis ; quod innuit wala●ridus strabo ( qui floruit a.d. . lib de r●b . ecclesiast . cap. . vide grat. c. q. . c. & seqq . e vide , si placet , theodor. balsamon . in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. . post con. carth. can. . iusti●ian . nouell . . & capitular . karol . & iudonic . lib. . cap. . & lib. . cap. . f concil . aurel. . cap. . toletan . . cap bratar . ca. ● . & vide anse is capitul●r lib. . c. . & addit ad capitu●ar . ▪ cap. &c. . q. . c. . & seqq . g in epist. decr●tal . & in c. q. . c. ecclesia● . h extr. de offic. iud . cap . conquer●ute , & de praescript . c. . de quarta i panormit ad tit . de decim . c. . ● . . k dist. . &c. q. . passim . l dist. cap. . pia m●●tis . m . c. . q. . c. n capitular . kar●li & ludouici lib. . c. . o cicero in orat. pre domo sua . d vlpian . ff de rei vindicatione l. . q anonym . in vita s. vdal●ici cap. . r iuo carnotens . epist. . & passim 〈◊〉 . s petru● dam●an . lib. epist. . ad a●exandr . . t benedict . le●●t . lib. . cap. . & addit . c. . & synod . rom. c. . ● . . c. . monast●rium . u concil . chalc●d . ● can. & dist . . vide si place● ▪ extr . de prebend . cap ▪ cum secundum . x ordo romanus de diuinis off●c●is . y videsis duaerinum de sacris eccl. ministerii● lib. . cap. . z leuita lib. . cap. . a vide ●undem , lib. . cap. . & lib. . cap. . b vide ●undem , lib. . cap. . . & . c addita ad capitul . cap. . & concil . lateran . sub . alex. . can. . & vide ▪ append . addict . concil . part . . cap. . d vide extr . tit . de prabend . c. . ex●irpand● . & de iur● patron . c. . pr●ter●a . & lib. . tit . de pr●bi●di● , cap. ▪ suscepti & le code des decis . fortens . decis . . lib , . tit . . e chro●i● . richersperg . pag. . & . f vide synod . v●●ust . sub ioann . . an. d. . vt omnis decimatio &c. & synod . augusta●am , an . . &c. g vide concil . gangr . cap. . & . & ad ea z●nara● . h ●xtr . de pr●script . ● . . de quarta . i vide . ed. . tit . quare impedit , . k vide i. f●rhault de priuil●g . regni fran●●a , prin . . & r●buff . praz . b●n●fici●rum , cap. ●● reseruationibu● , & seru●● en ● . vol. des playdoiez en l'arrest touchant la chappelle s. nicholas en l'esglise s. brice de colchi , diocese de noyon , p. . & vol. . p●g . . & petr. gregor . in synteg●● . iuris v●i●ersi , lib. . c. . & . & pasquier . re●●rch liu ▪ . c. . & . l actio ca● ▪ . a d. . m ext●t in roma●ae e●li●●oni● ▪ tom . . 〈◊〉 & ilud sub jnno●●n● . celeb●atum ▪ & in vaticana s●ruantur mss. iam veró etiam in nupera b●●ti editione reperiuntur . n habentur apud gratianum dist . . & · c. . q. . o dist. ● . . & . o vide goffrid . vindoc●nens . lib. . epist. . & iuonem carnot . epist. . , & . p concil general . sub al●x . . cap. . & 〈…〉 c , ● . & tit . de 〈…〉 . & t●t . de praeb●nd● . c. . in lat●ran●n . p ad hanc rem , vide c. . q. . . & . r de n●g●● curialium , lib. . c. . s ita etiam extr . tit . de priuileg . c. . §. in ecclesijs . concil . general . a.d. . cap. . extr . de pro● . & dig● . c. . & luc. in app. ad concil . lateran de 〈◊〉 d. . tit . de iur● patronat . cap. . & roger. houed●n . in annal . ●ol . . ●· t vide ●um ad ●i● . de praeb . c. in lat●rane●si . & tit . de priuileg . c. § in ecclesijs editione venet. u constit. pro● tit . de locato & conduct● ▪ cap. licet bona v●r● asserunt ●on ligari . x in summ . tit . de offic. ordinarij , ● . sunt autem . ho●●iens . summ . tit . de ●●pell●● m●nach § qu●a 〈◊〉 , & 〈…〉 priuil●g § qu●d oper●t●r ▪ z spec u● . tit . a●capell● monach. §. . a vide hosti●ns . summ . 〈◊〉 . tit . §. quid ●it . b ms. reperitur in vol. quo compingitur fride godꝰ po●●a in biblioth . cottonian . c amodaeus corne ▪ ●●baudiae in 〈◊〉 . mo●ast . 〈◊〉 an. d. . dat . extat in biblioth . cluni●c . pag . d biblioth . cluniac . p. . · e innocent . . in epist ▪ tom . . p. . alibi s●p● . & vide si placet , chartam abbati verz●lia● . apud andr●am quercetan . in notis ad biblioth . cluniac . pag. . f apud a●bertum miraum in orig. canob . cap. ● . vbi & b. jd● diploma consulas . g apud i. douzam . annal. holl. lib. . h biblioth . cluniac . pag. . i in app. ad hist. brom. pag. . & ● . k ba●dwin . arch. hamburg . an. d. . l l●m●ert . schass●●burg . pag. ● . m k●antz . wandal . lib. ● . c. . & . n vide greg. . r●g●st . l●b . . ●pist . . o extr. de de● . c. . quoniam . q wandalio lib. . cap. . & . r an. d. . krantz . dani● . cap . & in prae● . ad hist. regni norwag & dan. lib. . cap. . r●t . parl. . ed. . a●● . . s petr. cluni●● . lib. . epist. . circ . an. d. . vide , si placet , ioa●● . sarisbur . de nugi● curialium ▪ lib. . cap. . t petr. damian . lib. ▪ epist. . u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. aui●m 〈◊〉 gallinarum . x 〈◊〉 . schaffnaburg ▪ in annal. pag. . edit . arg●nt●rat . videsis etiam francisci monaldi consilium de iur● ▪ abb●tiae s. mari●● carcer●bus in dioec●si pataui●a apud ioh. baptist . c●sar part . consil . . y vide schaffnaburg pag. . z petr. damian . lib. . epist. . & lib. . epist. . a vide kr●ntz . metropol . l●b . . c. vbi ●d morem mandrabu●● , coniectura● de hac rein●●eliciter ad●●it . b vide , cum his quae supra adnota●imus , flodoard . hist. ●h●mens . eccles . lib. . cap. . etiam in ecclesia o●ientali monasterijs sacris laici saepe vsi 〈◊〉 sunt . constat in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 patriarchae constantinop . edit . in comm●nt . zonara , & in cano● . . synod , o●cum●nica . c en les r●cerches de la franc● , liu . . chap. . d c. . q. . c. . quasitum ▪ e lib. . epist. . f . decretal . tit . de dec. c. . §. san● . g extr. tit . de de● . c. ▪ prohibemus . h neque aliter sa●● intelligunt vetustiores illi iuris interpretes innocent . . host●e●sis . bernardus . & vide h●nricum bow●i● ad tit . de dec. c. quamuis . i apud 〈◊〉 . d●uzam . in annal. holland . lib. . k videsis krantz . metropol . lib , c. l s●bassnaburg . an d ▪ ● . & krantz l●b . . wandaliae . cap . m . lib tit de dec. c. ▪ § san● . n innoc●●t . epist. lib ▪ p. ● . & vi●e ib. p ● . edit . colon●ensi . o krantz . wandali● , lib. . cap. . & . p app●nd . ad hist. ●ramens . p. . q vide extr . de dec. c. . r wandali● lib. . cap. . s ms. lib . de 〈◊〉 temptu mundi . in bibl●oth . cotton . a videsis ● . ▪ ● . . c. . & notas ed●tioni greg●riana adiectas . b extr. tit . de dec . ● ▪ no●u● g●nu● , & app. concil . lateran . part . . cap. c chronic. o●d . praemonstrat . d extr. de dec . c. ex parte vide 〈◊〉 ▪ sar●●●●riens . de n●g . curialium lib. . cap . & append. ad concil . lateran part . . cap. . & . & part . . cap. . e videsis alex. . in de dec c. . statuto . & inno●ent . ● . tom . p . 〈◊〉 . coloniensi . f petr. 〈◊〉 . epist. ● . apud ●ochell . in decre● . eccles. gallicaen . lib. . cap. . g extr. de dec . ● . . nuper abbate● . h videsis ioan● . sari●●ur . de nug● curialiu● , lib. . cap. . i le 〈◊〉 aduoca●●n la dicte ceur . 〈◊〉 ▪ . k vide innocent . 〈…〉 . pag. . 〈…〉 ad 〈◊〉 later . 〈…〉 . . cap. . & seqq . vt in concil . m●gunt . a. d. . & a d ▪ . m benedict . leuit. lib. . cap . n vide co●cil . 〈…〉 . lib. . cap. & seqq ●om . . edit penult ▪ ●in ▪ pag. . n c. q. . c. . o leuit. lib. . cap. . p concil . ti●in . quod regiaticini● d●ci●ur , sub l●o● . ● . q agrippin ▪ ●pud burchard . lib . cap. . r ●quisgran . sub steph. . c. . extr . de dec . c . na●n●tens . syn . c. . s extr. de d●● . c. . & . t eod. c. ex transmissa & c . tua nobi● . u cap. . & extr . de dec . c. . ●um non sit . x berno ●bbat in vita ● . 〈◊〉 cap. . y lib. . de poenitenti● . & in paenitential . roman . tit . . cap. . idem habetur . z calestin . ▪ extr . de dec . c. . non est . & . ex transmissa a rodulphus gla●●r hist. ● . c. . b leo in c. . q. . c. . &c. c epist. . astipulatur , c. ▪ q. . c. . qui canon falso ad d. hieronymum refertur & concil . clarim●nt , an ▪ do. . c. . q. . c. . &c. q. c. . d cottoni●n●●● ●● vbi codex editus habet ecclesiastica . e vrban c. . q. . c. . c. . q. . c. . g pet cl●niac . lib. epist. ▪ ad innocent . . & petrus bl●s epist. . apud bochel eccles . gall decret . lib. . cap. . h de nugis curialium , lib. . cap. . i lib. . epist. . vide etiam bullam vrbani . in biblioth . ci●●iac . an. d. . k extr. de dec . c. . ad ba● . & vide app. ad concil . lateran . part . . cap. . l vide , si placet , . ed. . sol . . & . assis. pl. . m constit karcli edit . a vito am●rb●chio , cap . leg longohard . lib tit . cap. . capitular , lib. . cap. . n hist. sc●torum . lib. . cautē de congallo buchananus , lib. . sacerdotes , inquit ▪ praedijs alijsque prouentibus ditauit . tò decimis adijcer● vir doctissimus non ausus est . o a●segis . capitular . lib. . c. . &c. p benedict . leuit. lib. . cap. . q vide baronium 〈◊〉 . . an. d● . ● & 〈…〉 lib . io●an . pp . . 〈◊〉 . ● . ●● . . . . r ansegis . lib . cap. . lib . cap. . leuit. lib. . cap. . concil . turon . cap. . meldens an. d● . . cap . flodoard . hist. rhemens . eccles. lib cap. . vide & goldast : constit . imp ▪ tom ▪ . pag. . & quae a●iecta sunt c. . q. . c. . edit . greg. s leg. bai●ariorum tit . . cap. . de colonis & s●rius ecclesia . t hector . bo●t . hist. scot. lib. . u idem lib. . x sup. cap. . y a. d. . in synod . rom &c. . q . c. . z dist. . c. . praeter § d●iude . a c. . q. . c. . b c. . q. . & c. . q. . c. . & seqq . &c. . q. . passim c vide prolegom . ad corpus iuris canonici , auspic js greg●rij . editū . & ●bb●tem vsporgensem . d regest l●b . . epist. . e vide marianam de reb . hisp. lib. . ● cap. . f a. d. . * vide infr . c ▪ . §. . g cap. . & in extr . tit . de dec. ● . cum non sit . & vid● caput prox . §. . h extr. de his qua f●a pral . sine assens . capituli , c. . cum apostolica . a videsis , cap. . & . edit . romana & extr . de dec. c. . & de preb. & d●g . cap. . in latera●ens . tit . de ●ure patron . c. . nullus ▪ & de his qua fiunt a pr●● . c. . cum apostolica . b extr. de iure patr . c. . . . & de instit. c. . ex frequantibus & append. concil . lateran . part . . cap. . c c. . q. . c. . & . d vide innocent . in extr . de his qua s●a pral c. . e extr. de dec . in c. . cum cont●ng●● . f ibid. c. . cum non sit .. g ibid c. . dudum aduersus . h c. . & extr . de ●actis c. . plerique & videsis append. ad concil later . part . cap. . i tom . epist. decretal . lib. . p. . k c. . quast . . ● . vbicunque , in concilio ipso , c. l epist. decretal . lib. . ms in biblioth . cottoniana . m de decima , c. cum sint . n vide c. qu ▪ . cap . & . o extr. tit . de dec . c. . commissum . & append ▪ ad concil . lateran . part . . cap. . p d●h● qua f ▪ ap●al . sine cons. c. . cum apostolica q m● . in biblioth . cottoniana . r apud fox . in h●n . . pag. . extat i● lib. . tit . de feb . eccles. non ali●n . c. . hoc consultissimo . t in . t●t . de el●ctione , c. . in generali . * sess. . de reformatione . cap. ● . u speculator lib. . part . . tit . de decimi● . prosper farnia● . criminal . decis . rota rom. . ● . . alij passim . x ff . de condict . ex l●g . l. vnic . y ad tit . de paroch . & al ▪ paroch . 〈◊〉 figu●ficauit . z panor●●it . & gl . ad● tua nos , tit . de decimis . a c. tit de prascript . . vel . ann . l . comperit sed & vide ibid. bald. cyn. & salic●tum . b gl. & panormitan . ad c. in aliquibus extr . de decimis , alij . c petr. rauenn . apud maiorem in sent . . dist . . quast . . d variar . resolut . lib. . cap. . e ad . sent. dist . quast . . f part. . q. . memb . . g ▪ . q. . art . h epist. . ad carinth . cap. . . i quodlibet . q . k ad . ● . q. . art . . l videsis i maior . ad . se●t . dist . . quaest . . m extr. de pr●script . c. . ad au●es . n in ms. lib. . in bibliotheca cottoniana . o l. putat eius actionem extinctam p part. q. . membr . . q bellarm. etiam optim● interpretatur , lib. . de cler ▪ cap. . r vide henric. bowhic in tit . de dec . c. peruenit . s eurdi● . theolog. lib. . part . . cap. . t ockam . lib. . dialog . . u raynutius apud hosti●●sem in summ . tit de decimis ▪ num . . x ad sent. . dist . . quast . . y see wicleues complunt to the k. and parliament artic . . vide zonar . in concil . gangr . can . z clementin . tit . de decim . c. . religiosi . a ad extr . tit . de paroch c. vlt. significauit . b in desensor . c●ratorum . & vide , si placet alex. lib. . consil . . c et videsis in fascicul ▪ rer . expetendarum , pag. . in wicleu● thesibus . d . hen. . fol. . e doctrinal . fidei tom . . lib. . artic. . cap. . & . f fox in hen. . pag. . g ioh. maior in sent. . dist. . q. ● . h paul grysaldus apud camill. borell . in consiliorum part . . consil . . edit . à i. baptist. casare . i ex. arthium arch. cant. ha●sit v. c. arth. duck ll. d. in vita th. chicheley cant. archepisc . pag. . k ex archiui● oxon. in● biblioth . bedleiana . l. saciturnitas . m ad annum christi . n edictes & o●donuane●● de france tom . . tit . . b rot. parl . ed. . art . . c append. ad co●●il . lateran . part . . cap . d edict & ordinances tom . . pag . e videsis guido●om ●p . decis . ● . & cons●●t . bitur●●● ▪ ●it . de custumes predial●● , §. . f vide carol molin . in consu●● paris . de● fiefs §. . pag. . & seqq . & bertrand . d' argentr● in consu●t . britan. ●rtic . . pag . g i. lucius paris . placit . curia lib. . tit . §. . h bacquit des droicts de domaine tract . . part . . chap. . i voyez pasquier en 〈◊〉 recherche● liu . . chap. . y code des d●cis . lib. tit . decis . . z co●bin enles loix de . a france arrest . et code des decis . liu tit . . decis . . & voyez papou en notaire vol. . liu . . fol. . a bertrand . d'argentre in cons. brit. art . . des appropriances , pag. . b ad sent . . dist . . quast . . c videsis guidonem papam decis . . code des decis . l. . tit . . decis . . d ad edict . henr. . contra datas paris & abus . curia roma●a . e code des decis . li● . tit . . decis . . f et testatur e● ij● conuarunias lib. var. resolut . cap. . g carol. de gr●ssallo regal . franc. lib. . iur● . h tit. . des coustomes prediales , §. . i p. matth. hist. tom . . liu . . pag. ● . in . k in . sent. dist . . quast . . t p. matth. ad guid. pop. decis . ex chronico io● . . r. castella , & vide petr bellugam in spec. tit . de decimas . u ordennantas reales de castella lib. . tit . . leg . . & . x recopilacion por philip. . lib. . tit . & gregorio lopez du partina . tit . leg . . y in . . d. thom. di●put . . memb . . 〈◊〉 ● . z practic . quast cap. . a gregorio lopez ad partula . tit . . leg . . b fa●ro real a espanna lib. . tit . y en pragmaticas y leyes recopilados por mandado de los &c. ferdinando & isabel . c practic . quast . . d alfonso de azeuedo in reg. constit . lib. . tit . . l. . e couarru . var. resolut . lib. . c . f recopilacion de las leyes por mandado de phil. . lib. . tit . . l. . g partida . tit . . leg . . & 〈◊〉 lopez . h ad . . q. . art . . sic & ioh. maior ad . sent . . dist . quast . i relation of the religion vsed in the west parts , §. . k vide si placet henric. bowhic ad· extr . de dec c. peruonit . et antoniu . summ . part . . tit . . cap. de decimis . l ad c●n aliquibus tit . de decimis . m francisc. monabi●● in part . . consil. . num . . edit . ● . baptistae caesaris . n maria anguis . sola edit . dict . part . consil. . . &c. o constit. sicul. lib. . tit . . p gl. & pano●mitan . alij item ad c. in aliquibus tit . de decimis . q thomas michael in lib. de iuris . conclus . . r zasius de s●nd . p. . & vnlteius de feud● , lib. . cap. . §. . s hostiens . in summ . tit . de dec. num . . t ord●nancion in vlaenderen bouck . . rubric . . * summa part . . tit . ● . a in euchirid . artic. decret . regni . hungar. à sambuco edito . b i. herbort in stat. polonia lit . d. & iacob . prilusius leg . pola● . lib. . ●ap . . c ragwald . ingemundi de iure ecclesiastico , lib. . cap. . d statut. dauid cap. ● . n. . e vide parl. . iac. . act . . f vide parl. . iacob . . & . eiusd . cap. . g parl. . iac. . act . h parl. . iacob . . cap. ● . i seruatur autographum in thesauro cottoniano k rot. pat. . hen. . membr . . r ms. in biblioth . cottoniana . l vide supr . cap. . §. . m ansegis . lib. . cap. . o edit . viti amerba●hij . cap. . p leg. longobard . lib. . tit . . q conaur . . cap . pag. . edit . basil. . r henric. huntingdon , lib. . pag. . & reg. de houed . p. . edit . lo●din . sed vide etiā rog. de hou●den , sub ann . . & acthelwerd lib. . cap. . & flor. wigorn ▪ sub ann . . s vide fad . edouard . & guth●uni edit lambard . cap. . t vide regist. burton . apud camden . in belg. pag. . edit . lat. u ● . hydam , s●u s●●●liam . x ms. in biblioth . cottoniana . y ms. ad calcem nich. glocest. in bibl. cotton . z in bibl. cotton . & apud v. c. tho. alien . oxon. a ms. in biblioth . cottoniana . b msss. in bibl. cottoniana . c vide , si placet , tit. honor. part . . pag. . d sic intell●git , ni fallor , foxus hist. eccles. angl. pag. . e camden . in belgis , ●ol . . f idem , pag. . in irinobantibus . g polydor. virgil. hist. angl. lib. . h mss. in bibl. cotton . ms. in biblioth . cottoniana cap. . & variis causit . k quod elitera fa. e●t ex leonis epist. in dist. . cap. . l eccles. hist. lib. . cap. ● . m protuli eundem librum canonem , ait theodorus cant. arch. in concil . circa ann . . apud hertford celebrato . bed. hist. eccles . lib. . cap. . n sup. §. . o leg. aethelst . edit . à lambardo . p in ms cottoniano inseruntur illic haec verba : sƿa man rightast maege . oððe gemetan , oððe gestellan , oððe ƿaegan . i. in the iustest way that may be ; either by measure , number or weight . q in historia iornallensi ms. in bibl. cotton . r vet. leg. ibid. ms. s ina leg. cap. . . & . t in dicta historia iornallens . ms. * cap. . u dict. hist. iornall●nsi . x leg. edmund . apud lambard . cap. . y in dict hist. iornallinsi . z videsis ina leg . cap. . & . & apud malmesbur . lib . c . cnutonis r. epist. ad anglos . & lambard . in explic . verb. in primitiae . & canuti leg . c. . & edgari leg . cap. . & . a annal. monast. burtonens . ms. apud v.c. thom. allen. oxoniens . b ●leta ms. lib. . cap. . c supple seluebant . d ● . quo . e apud g. mal. mesbur . lib. . c. . f ms. compact . in vol. quod codex eccles. landau . diettur in bibl. cotton . g malach. . h de gest . pontis . lib. . fol. . a. i leg. edgari cap. . & . apud lamb. k land hlaford in ms. l apud brampton in hist. iornall . fol. . in biblioth . cottoniana . m i. baronum seu liber● tenentium . n vide infra §. ix . & x. o vide §. xii . & xvii . p ms. in biblioth . cottoniana . in 〈◊〉 quo ordo corona●●● is qui 〈◊〉 saxonico in vsu erat ▪ narratur . q exemplar item saxonicum reperitur in codice vetust●ts legum sax. in ●aep●us laudata bibliotheca . r ms. inter leg. saxonicum bibl. cottoniana . s histor. iornallens . ibid. fol. . t leg. canuti , cap. . u in historia iornallensi fol. . b. m● bibl cotton . sed optimum harum legum exexemplar . extat in bibliotheca . sereniss . principis magnae brit. ad d. iacobi . y in biblioth . d. s●renissimi principis . z leg. edward . con●●ss . cap . & in reg. de honed●n . annal. pa. . b * forte adigatur . a recens ms. apud v. c. rob. cotton . b in excerptis m● . apud eundem . c apud g. malmesb lib . de gest . pontific . fol. . b. 〈◊〉 . d apud eund . lib. dict . fol. . b. & in epist. lanfranci ms. in bibl. cottoniana . e in lib. rub. scaccari● ms. cap. . f §. ix . & xii . g in excerpti● ms. in biblioth . cotton . h extr. tit . de dec. c. . peruenit & in app. ad con●il . lat. tit . de decim . i extr. d. tit . c. . nunci●s . k apud r●gerum de houeden in annal . part . . fol. . ● . l apud eundem part . . fol. . m apud eundem part . . fol. b. & . c. n consulas litt . de ed. . in vol in quo turgotus dune mensi● reperitur in bibliothec . v.c. tho. allen. oxon. & hen in annal burton apud in eundem . o stat. . hen. . cap. . p innoc. . in epist . decre● . lib . pag. edit . coloniens . q in vol. in quo annal. burton . apud v.c. tho. allen. oxon. r consti● . eb●ra● . ms. s vide lindw . in prouin● const tit . de de● . c. quoniam propter in praefationem . t ms. apud v.c. th. allen ▪ oxon. z part. . cap. . y in biblioth . autoris . z extat . in constit . prouinc . lib. . * conquer tur etiam de hac iniuria io. de ●thona in constit. othoboni c. mandata dei. vero . iustitiam fauor expellit . * extat . in bl. a rot. parl. . ed. . art . . b rot. parl. . ed , . art . . c rot. parl. ● . ed . art . . d rot. parl. fest. hill. ▪ ed. . art . . e plowd . comm. fol. . . nen. ▪ fol. . &c. f rot. part. . 〈◊〉 . . art . . g rot. parl . ed. . art . ● . h regist. orig. fol. . a. i rot. parl. . hen. . art . . k orig fol. . b. l nat. br. fol. . c. g. m in constit. prouin● . tit . de dec. c ▪ sancta , §. nego●●ationum . n vide . ed. . quare impedit . . ed. . fol. . a. grants case in report . . fol. . a. o in respons . . inter monimenta iuris gra●●-romani edit . à leunclauio & frahe●● . * chap. . §. . a anonym . ms. de primostatu landauens . ecclesiae in bibl. cottoniana eadem in codice landau . qui tilo dicitur habentur . recens autem exscriptus tilo reperitur in eadem biblioth . b . ad cor. cap. . . sed v●desis isidor . pelusi●t . lib. . epist. . c beda hist. eccles . lib. . cap. . d beda lib. . cap. . e cart. antiq. l. . in arc● londin . f extat in beda exemplatis saxonici ms. lib. . in bibl. cottoniana g videsis b●dam hist. eccles. lib cap. ● ▪ h synod . anglic. c. . & ● . ann . . c●ntur . . cap. . * vide eum hist. eccles. ●ib . . c. . & lib . c. . i beda hist. eccles . lib. . cap. . k ibidem lib. . c. . & videsis c. . q . c. . san● . m hist. eccl. lib. . cap. . & . n m ▪ ( in biblioth . certoniana ) c. . * leg· franci● . apud ●i●●sacum , lib. de pa●●●ci● . o regular . concordia anglica nationis monach. sanctimonialiumque ms. in bibl. cotton . & malme●bur . lib. de gest . pontific . fol. . p in statut. synod ▪ ms. in sap . dict . biblioth . cap. . q videsis c. . quaest . . c. ● agap●tus & . q. . c. . vbicunque . sed & vide append . ad concil . later . part . . cap. . r vide canuti leg. cap. . r trinit . placit . . hen. . rot . . in arce londinensi . s in ann●l . ms. monasterij bur●onc●sis ▪ su● anno . apud v.c. tho. a●len . oxon. t lind●ood in tit . de censibus ●quamuis lex naturae ve●b vna ecclesia & in tit . de cel●●r . m●sser . c essr●●at . & v●de b●act fol. . b & 〈◊〉 . lib. . cap. . & b●cton fol. ● . b u in●ulphus fol. . b. x extr. tit . de eccles . adificand . c. . ad audient●am . y pat. . me● . . part . . membr . . a sidon . apollinaru lib. . epist. . b videsis ioseph . scalig. de emendat . temp. lib ▪ . & lib. . de mirabilibus s. scripturae d. augustino 〈◊〉 iptum &c. c ms. in biblioth . cotton● de quo apud malmesbur . lib. . de est . pontif . fol. . a. d fulcardus derobornens . de vita & mi●ac i. de beuerlaco recens ms. in biblioth . cotton . e ms● in eadem biblioth . f chartular . ms. monasterij de giseburne in dict . bib . g ms. part . . lib. . cap. . h jn bibl. cott. i eccles. hist. lib. . cap. . k ms. in biblioth . cotton . & apud v.c. th. allen. oxon. l ms. ( compact . inter monimenta eccles. landa● . in biblioth . cott. ) cap . m apud g. malmesbur . de gest . reg. angl. lib. . cap. . n forsan compensabit . o i. church sce● . ms. in bibl. cott. p ante ●lla v●u monumenta co●s●las si placet ca●t●l . roffensi● ecclesia , ibid. q in append ad concil . lat●r . part . . cap ▪ . r extr. tit . de decimis c. . peruinit . s ibid. c. . commissum est . r in regest . mon. leonmin●t . sine rading in bibl. cotton . & vide app. ad concil . lat part . . cap. . u rot claus. . hen. . part . . membr . in dorso . & rot. claus. . hen. . membr . . in dorso . & claus. ● . hen. . dors. . & dors. claus. . hen ▪ . membr . & claus. . hen. membr . . x . ed. . fol. . ● . y in codic● vet ms. apud v.c.i. borough . scrinior●● in arce lond. prafectu●●● z vide r●t fin. . hen. . membr . . & c●aus . . hen. . membr . . * egge . a lindw● tit . de consuetudine , c. statutum , lit . f. & . hen. ● . cap. . b why is this reason , or is this reason . c why is it lawfull . d vide . hen. . fo● . . a. . ed . dyer fol . b. & coke report . fol. . b. e tit de locat & conducto● . licet . verb. portiones . f quam vide supr . cap. . §. . a in bibl . cottoniana . b l. militis . * in biblioth . cotton . an. d● . . * hin●sey . * in biblioth . cotton . * in sapius dict . bibliotheca . * hae n. captae regis sunt . prarogat . reg. cap. . &c. * in iam memoraeta bibliotheca . * jbidem . * in biblioth . cotton . * balaeo thomas spot dictus est . * regist. monasterij s. martini de bello in arthiuis 〈◊〉 quae ad fo●●m a regio●um prouentuum increme●to dictum spectant . * in sap● dict . biblioth . * ibidem . * videsis cart. antiq. b. b. . & . &c. in 〈◊〉 lond. & g. . in dorso . * in biblioth . cotton . * in eadem biblioth . * in biblioth . co●ton . * in eadem biblioth . * in biblioth . a●toris . suss●● . sussex . a videsis app. ad concil . lateran . part . . cap. . b jngulph . hist. fol. . b. c de mirat . s. benedicti lib. . cah . . d in thesauro cottoniano . * fortè propter . * in biblioth . cotton . a vide e.g. . & e. . & b. . & part . . ca●● . . 〈◊〉 . membr . . ●h●rt . b g.g. , & . c c c. ● . d ibid. . in dorse . e rot. chart. . ioh. r. ch . . memb . . & rot . r●t . . hen ▪ . part ▪ . membr . . f claus. hen. . part . membr . . & claus. . hen. . membran . . &c. g fletwood in commentar . de iure forestarum . h cart. antiq . ff ff . . i k. indors . . k s. ● . l vide rot. cart . . r. ioh. membr . . cart . . & cart. antiq . v. & e. . & in fasciculo cart . antiq . num . . &c. m re●ist . orig . fol. . b. & fitz. n. b , . n. n in codice ms. coenobij osniens . in bibl. cotton . o pat. . hom. . membr . . p roger. de houeden . part . . fol. b. q vide extr . tit . de prob. c. in lateranensi & tit . de priuileg . c. . cum & plantare . & in concil ipso quod . plenē tantummodo extat in editione romana & postr●ma bi●ij . r extr. tit de ●is qua fiunt a prael . c. . cum apostolica b in armario cottoniano . s innocent epist . decretal . lib. . pag. . t epist. . & ● . u ms. in biblioth . cottoniana . * sup. cap. . §. . x inter fascie . pet. parl . ed. in ar●● londin . y extr. tit . de decimis c. ▪ quoniam z . hen. fol. . b. & brook tit . dismes . * in recept . scaccarij , & in cod vet. apud v. c. i. borough regiorum in arce lond. seriniorum prasectum . * mich. . ed. . coram rege rot. . cumbria . * rot. parl. . ed. . rot . . in dors . a r●g . de hou●d●n , part . . fol. ● . ● . b append. ad concil . 〈◊〉 . part . c panormitan . ad tit . de restit . in integr . cap. 〈◊〉 . d roger. houed . annal . . fol. . b. e rot. parl. . hen. . art . . f in thesauro cottoniano . g videsis . ed. ● . fol. . b. & esson . & placit . de . rich. . rot. . hertf. cas ▪ reginaldi de argentain . h guil malmes● . de gest. pontific . lib. . vide anselm . lib. . epist. . i continuat . f●●rent . wigor● . anno . k extr. de instit. c. . ex frequentibu● qui canon plemus habetur in appendice ad concil . lateran . part . . cap. . l tit. de iure patr . c. . cum laici . c. cura pa●torali &c. . relatum . vide roger. de houeden . annal. fol. . a. l. sarisbur . policrat . lib. . cap. . & app. ad concil . lat. part . cap. . m epist. anselm . ms. . in bibl. cottoniana . i in append. 〈◊〉 concil . lat. part . . cap. . tit . de testibus cogend●● . k roger. 〈◊〉 . a●●al . fol. . l extr. de instit. ● . . cum ve●issent edit . gregoriana . m extr. tit . de iure ●urando c. . tuae ●es . & de iure patr . c. . cus autem . n . ed. . tit . annuitie & rot. fin. . ioh. huntingdon . o lib. . cap. . p in symbol . electorum ms. in bib. cotton . h extr. de 〈◊〉 . archidiac . c. . cum satis & cap. . archidiac●●● . r arg. . ed. tit . quare non admisit . & fitzh . n. ● . . l. &c. s tit . de suppl●nd . pr●lat . neglig c. . & . hen. . tit . administrators . t vide . ed. . tit . brief● . ● . ed. . . ● . regist. orig. f. ● a. & . a . ed . fol. . b. &c. u . 〈…〉 matricul . eccles ▪ in archidiac . l●ic . in biblioth . cottoniana . x vide extr ▪ tit . de instit. c. . & rog. de houeden p. . & . & seq . y videsis extr . tit de iure patron . c. consuluit &c. & tit . de filijs presbyt . passim . & tit . de pactis c. . aecepimu● . & tit . de tollibus c. . c● parte . & append. concil . lat. part . . cap. . hereford . episcopo & abbati de forde . nec omittas eiusdem appendicis , part . cap. . & part . cap. . & part . . cap. . & . part cap. . & part . . cap. . z vide rot. pat . . ioh. r. membr . . alibi saepē in archiuis , quae ad illiꝰ tempora spectant . a . ed. . . b. ed. . fol. . b. . ed. . fol. . a. & vide casum episcopi lincoln . in comment . . &c. b vide rog. de houeáon , an . . c extr. de iure patronat . c. . 〈◊〉 se. d extr. tit . de suppl . prael . negl . c. . & . ad conc. pra● . c. . &c. e lib. . tr . de assis. vlt. praes . cap. . §. . vide , si placet , roger. de houcden part . . annal. fol . b. & extr. tit . de officio i●dicis ordinarij c. . cum 〈◊〉 . ant● concilium papae alex. . illud n● fallor rese●●ps●● , & lucem huc ad●●rt . f coke report . part . . fol. . g chap. . des exceptions fol. . a. h c. vnico §. . de iure pa●r . in . i regist orig . fol. . b. ●nter prohibitiones . * vide . ed . tit . briefe . . ed. . fol. b. regist. orig. fol. . a. k gla●●il . lib . cap. . alibi item scilicet in archiuis quae vetustiora richardi p●imi aut initij iohannis tempora spectant , & vide roger. de hou●den . fol. . b. & p●t . . hen. . part . ▪ membr . . l extr tit . de cens●bus c. . cum clerici . & tit . de praeb . & dig ▪ c. . in lateranens . §. . & tit . de priuil●g ▪ ● . & hostiens . summ. tit . de capellis monachorum . & sapius . m epist. ad tit. cap. comm . n . ed ▪ . tit . br●i●e . fitzh . nat. br. fol. . b.c.d.e. o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p 〈◊〉 epist. ad ●rut . . q . ed. . fol. , a. r . ed. . fol. . b. s hen. fol. a. t vide . ed. . tit . quare impedit . a rot. parl. . hen. . part . . art . . b vide cart. . hen. . part . . num . . &c. c in biblioth . cottoniana . d report . fol. . a. e vide in d. commentatio , ibid. f cap. . §. . g extr. tit . de arbitris . c. . pern . ni● ad nos . h in bibblioth . cottoniana . i tit. de locato & conducto c. licet bona verb. p●rtiones . k lib. . tract ▪ de exceptionibus cap. . fol. . b. l innoc. . in epist. decret . lib. . pag. ● . m ibid lib pag. . videsis extr. tit . de decimis c. . ex multiplici . n voyez rep. part . . fol. . & fitzh . nat. br. fol. . ● . o regist. orig. fol. . b. fitzh . vbi supra . p vide lib. intrat . non . rit . prohibition §. . & rep. . part . fol . q . ed. . fol. . a videsis leg. et●el●●ni apud fox in eccles. hist lib. ●ag . col . . hinc debent episcopi &c. b in biblioth . cottonianae . c in rot. insp ex . chart. . rich. . prodec . & cap. lincoln . membran . idem est quod habetur angl●cē apud foxum hist. eccles. anglic . lib. pag. . col . . d ch●rta simonis comitis north in thesaur . cotton . e i. sarisbur . epist. . . . . & . f idem epist. . g append ▪ ad concil lateran . part . . cap. . h chart. antiq . ee . in arce londin . i chart. antiq ib. s. . vide supr . cap. . §. . k ms. in biblioth . cottoniana . l in bibl. autoris m colici● abindinensis ms. bibl. cotton . n l. quòd . o epist. . p app. ad concil . lateran . part . . cap. . q vide eliz● . nat. b● . fol. . n. r annal. burton . monast. in bibl. v. cl●●h . allen. oxon. subanu . . s fol. . b. t n.b. fol. ● . u placit . & inquisit . . hen. . in arce londin . x . ed . tit jurisdiction . & see cosius apologie part . . pag. . &c. & rot. parlam . . ed. . artic . . a constit. prouin . tit . de fore competent . c. circumspect● . verb. quarta part . b videsis matth. paris pag . lin . . c . ed. fol. . b . ed. . fol . a. regist. orig fo . b ed . fol. ● . a. . ed. . tit . qua ●e impedit . hen. . fol a. fitzh . n.b. fol c se●german . fol. . d . hen. . fol. . b. & bract. lib . tract de exceptionibus cap. . fol. . a. & vide fitzh . nat. br. fol. . d. e westm. . cap. . f artic. cleri . cap. . g . ed. . tit . brief . & regist . orig. fol . b. vide fitzh . nat. br. . d. h moile . hen. . . a. for●es● . . hen. . . a. ●eingerm . fol. . & voye● . ed . a. . ed. . tit . qua●e impedit . i markham . hen . fol . a. & parn. ed . fol. . b. k regist orig. fol. . b fitzh . b. . ● fortesc . . hen. . fol. . a. l fleta . lib. . cap. . * lib. . de exceptionibus cap. . fol. . & cap. . fol. . m annal. burton· in biblioth . v.c. thoma allen. oxon. n in epist. rob. li●● mss. in biblioth . cotton . o platit . de banco pasch. . ed. . rot . . * f. index . p videsis rot. claus. . hen. . membran . . q videsis rot. parl. ed. . rot . r vide , si placet , rot. claus. . haw . . membr . . s pat· . hen. . part . . membr . . t jn fascic . pet. . ed. . in arc● londin . u . ed. . fol. . & regist. orig. fol. . a in bibl. cotton . b fascicul . bren. de ed. . part . . & . in arce londin . b . assis. pl. . c cart. antiq. cc. in dors . . in arce lond. d rot. chart. . r. ioh. membr . . ch . . e in arce londin . f pat. ● . hen. . membr . . * in codice abba● . s. alba●● . ms. g . assis pl. . h vide . ed. . fol. . & ● . ed. . fol. . a. notes for div a -e a vide fran. iuni●m in analys . gen●s cap. . b consulas eucherium lugd. in genes . lib. ● . cap. . & & d. ambros in epist. ad ebraos , cap. . c ad cuius interpretationem etiam consule , si placet , eustathium ad odyss . t. d in lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . e lib. . in genes . cap. . & . f tom. . hist. lib. . cap. . g hieronym . tom . . in epist. ad enagr . & eucher . loco citato &c. h epiphantus in hares . . i autor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 midras hagadah apud r●b . iarchi in genes . . & alij ibid. item midras in psalm . . apud galatin . de arc●●is lib. . c. . quem & vide lib. . cap. . k d. ambr lib. . de fide cap . hieronym . & epiphan . vbi supr . & haeres . . l eam esse rabbinorum sententiam notat d. kimch● in rad . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ita & iarchi ad genes . . m genes . cap. . comm . . & . n vide philonem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . o exod. cap. . comm . . & vide numer . cap. . comm . . p in gen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . videsis eucherium in genes lib. . c. . & . q jsid. pelusio●a lib. . epist. . r genes . . . s genes . . . t ibid. . . u vide ibid. c. . . x in elench . orat. chronolog . dan. para● pag. . y in lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . z epist. ad ●uagr . tom . . a in epist. ad ebr. cap. . . b iohan. cap. . . c vide midras tehillim , apud gaelatin . de arcanis lib. . cap. . d genes . . . e . sam. . . f bredenbach . in peregr . . iulij . g villamont des voyagez liu . chap. . & . h genes . . vlt. deut. . . i lib. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . k . paralip . . . l videsis suarez de l●gibus lib. . cap. . § . m archaelog . lib. . cap. . n eccles. hist. lib. cap. . o lib. . eccles. cap. . p . paralip . . q vide d. matth. . . & . r videsis scalig. in prologom . ad chronic. eusebij . s . reg. c. . . t paschas . ratb●rt . abbas c●rbie●s . in matth. lib. . pag. . u seder zeraim massee . maighsh● perek . . §. . x talmud . d●ct . seder . mass. demas perec . . & mass●● . maighsh . perek . . § . y pirki . aboth . cap. . & notae adiectae . z videsis galatin . de arcanis ▪ lib. . cap . * numer . cap. & . * vide . sam. . ● . paralipom . . . & . * in epist. nuncupat . ad i. monlucium . a hermippus apud porphyrium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . lib. . b t●e●●ritus idy ● . . & ibid. schol●astes . c eustath . ad iliad . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . d festus in his●● voc . ad quem vide ios. scalig. & in coniect . ad varro●● de l.l. lib. . e cato de re rustica cap. . f tr●batius a●ud arn●hium a●uersus gentes lib. . g ad aene●d . . commate . h halicarnass . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ● . i apud macrobium saturnal . lib. . cap. . k de o●ficiis lib. . l plin. hist. lib. . cap. . m vettius valon ▪ antioch lib. . antholog . ms. sed verba eius reperuntur in syntag●● . . de dits syrit cap. . n in arati phanomena . o halicarnass . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p apud seruium ad aen●id . comm . . q myrfilus l●●bius apud halicarnass . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . citatur historia etiam apud eusebium in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . r ad ebraeos cap. . . s hares● . t apud prudentium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hymn . . u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . x lib. . canon . . y vide clement . alex. strom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . epiphan . haeres . . & d. chrysost. hom . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . z apud th. balsamon ms. in bibl. patrij iunij . a videsis ( si hanc rem obiter vellis explicationem ) synod . . in trullo canon . . & ibid ▪ & ad hanc dio●ysii epistolam , theodorum balsamonem , & euseb. lib. . eccl. hist. c. ▪ &c. b lib ▪ . can ▪ . & . c lib. . canon . . d . sam cap. . e lib. . can. . f in zonara . edito a l. quintin● ca● . . g lib. . epist. & vide ibid. . h in epist. . edit . nuper a v. cl. r. montacutto . i balsamon & zonaras ▪ ad can. apost . . & vi●e de hac re ●nonymū de recuperat . tetra sancta cap. . in vol. gesta dei per francos dicto . k vide adrenald . lib . de mir●s . s. benedicto cap. . & flo●oard rhem. hist lib. ● cap. . & capitular . exhibit lutour imper post ca●onem . c. q. . edit . gregoriana . l constit. imperial . tom . . pag. . m annal. boi●rum lib. . pag. . edit . b●s . a. d. . n centur. . cap. . & . o tom. . pag. . p festus pauli in pecunia & ib. scalig. q goldast . tom , . pag. . r idem tom . eod . pag. . s post. c. . c. . q . edit . gregor· t vide goldast . tom . . pag. ● . x anastasius in vita eius . & vide baronium sub ann . . & polydor. de inuent . rer lib. . cap. . y synod . . in tull. can. . & videsis etiam constit. apostolorum dictas lib. . can. . . & . & consule euseb. eccles. hist. lib. . cap. . & socratem hist. eccles . lib. . cap. . * praeter ea quae ad hanc rem §. . . & habemus videsis hinc marū in opere capitum . ad laud episcop . cap. . & rabanum apud centuriatores cent . . cap. . de iureiurando quod exigebatur nonnunquam de decimis rite solutis . a apud auentin . annal. bae●rum lib. . pag . edit . bas. . b ad tit . de dec. c. duaum . num . . c innocent . ad dict lec . & tit de confirm . vt & in●til . c. eum dilecta . d tit. de his qua f. apral . sine &c. c. . cum apostolica . e tit. de dec. c. dudum . f extr. tit . de pr●script . c. . & . g vide innocent . . ad tit . le pr●script . c. si diligentia & ad tit . de decim . c. dudum &c. h prouerb . . . i krantz . metropol lib. . cap. . & cap. . & lib. . cap. . k helmoldus presb . hist. seliuiorum cap. . l vita abbonis floriac . cap. . m apud m●l●hior . goldast . gonstit . imper. tom . . pag . n et vide cap. . §. . ad sin● m. o bertrand ● argentre in cons. brit. tit . des appropriances ●rt . . pag. . p iuo epist. . editione secunda . primae deest . q centur magdeburg . . cap. . r sam. cap. . s eiusdem generis , sub decimae etiam nomine , prouentus dominis soluuntur in gallijs , in germania , alibi . videsis bertran . d'argentre , cons. brit. art . . pag. . & specul saxon lib . a●tic . . § . &c. t will. tyrius de bello sacro lib. . cap. . u quod constat ex marini san●ti t●●s●lli secret. fidelium lib. ● . part . & epist. & anonym . de recuperat terr● sancta cap. . x ordonances de france liu . tom . . de mines & mineries . y videsis dist . . c. . & . & extr de noui ops . is nuntiatione c. . z videsis suarez . de legibus lib. . cap. . §. . a ad consuet . brit. tit . . de succestionibus , ad rubricam . b vide chappin . du domain● &c. liu . . tit . . §. . bodin de repub. lib . cap . suarez vbi supra &c. philip. . in pragmatica ante collect . l●gum ro●ni . c parl. . iacobi . cap. . d parl. . iacob . . cap. . e vide extr . tit . de priuileg . c. . super specula , & ibid. hostiens . l. andr. anton. de butrio . item choppin . du domaine , liu . . tit . . §. . bodin de repub. lib. . cap. . & ante alios suarez de legibus , lib. . cap. . v●de etiam pr●sat . ad statut. polonia , prilusij . f hieronym . ●igas tract . de crin . lasa maiest . lib. . quast . ● . §. . & . g in compond . theolog. citatur in notis , ad furtisc . pag. . h in biblioth . int. templi . i vide quintilien lib. institution . cap. . atheric . gontil de iure belli lib. . cap. & hetoman . illust. quast . k caluins ●ase , fol. . b. l in hen. . pag. . m ms. lib. . pag. . & . in bibl. cotton . n videsis cok● praesat . ad relat. . & . & si placet hot. ad fortese . pag. . & . * historia cadonensis . p chart. eccles. westm. in inspex . part . . ed. . membr . . & vide camden . pag. . q ms. siue autor gu●l . pictau . siue quis alius sit . in bibl. cotton . r malmesb. lib. . de gest . regum . pag. . a. alij in will. . & videsis matth. paris in hen. . pag. . edit . londin . s sharde in caes. in i●i● . temp. ed. . fol. . b. t vide roger de honed . in richard. . fol. . & . u in bibl. 〈◊〉 . x ff de legat. . l. item legato . §. . y authent . . c. . dis●reu● igitur &c. z videsis malmesb . de gest . reg. lib. . fol . a . ed. fol. . a b c. tit . de nat. lib. c. cum qua . &c. c videsis bacquet de domaine in fr. ●ra●ct ▪ du bastardise chap. . &c. d apud camden in richmondia . e videsis pont. hen●erum de liberis natural , cap. . f in pan●gyric . ad originem . g christop binder as bo●is ecclesia in ducat . vvitenberg . pag. . &c. * ex libello dicto . the complaint of roderik mors sometime a gray frier &c. olim impress . geneu● . * saire . h apud innocent . . epist. decretal . lib. . pag. . edit . colon. i dist. . c. . si romanorum . dist. . c. de libollu . k beda hist. eccles. lib. . cap. . l vide cap. . §. . m g. malme●b . hist. nouell . lib. . pag. . b. n ian. angl lib. . § vide , si ●lacet , not. ad fortisc . pag . & . o de nug●s curtae lium , lib. cap. . p in symbol . elect . 〈◊〉 . in bibl. cot. q claus. . hen. . membr . . r videsis . hen. . apud matth. paris hist. maiori a. d. . a præsent for cæsar of , l. in hand and , l. a year / by thomas bradley ... bradley, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a præsent for cæsar of , l. in hand and , l. a year / by thomas bradley ... bradley, thomas, - . [ ], p. printed for the author, and are to be sold by stephen and thomas lewis ..., london : [ ] date of publication suggested by wing. reproduction of original in the british library. eng church of england -- finance. tithes. taxation -- england. a r (wing b ). civilwar no a præsent for cæsar, of l, in hand and l. a year. by thomas bradley d.d. and minister of nettlebed, in the county of oxford. bradley, thomas c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a praesent for caesar , of l , in hand and l. a year . by thomas bradley d. d. and minister of nettlebed , in the county of oxford . give unto caesar the things that are caesars . luke . . london , printed for the author , and are to be sold by stephen and thomas lewis in shooe-lane , at the sign of the book-binders . to his highness the lord protector of the commonwealth of england , scotland , and ireland , with the dominions thereunto belonging , &c ▪ my lord , it is not my business , nor intention in this paper-praesent , to set out all caesars dues , or duties ; but as a subject under your highness government , and a friend and servant to the commonwealth , whereof i am a member , to do mine own . it is a businesse concerning which i have formerly acquainted your highnes with some things in the general ; and since that , some others appointed by your highness to take the cognisance of it in particular ; and it is at this present before the commissioners for discoveries at vvorcester-house : but as the presence of the sun obscures all other lesser lights , and makes them burn more dimly , so the assembling of the present parliament doth in a manner suspend and supersede all vigorous actings of derivative and infeour powers : and therefore i have made bold to make this address immediatly unto your self , and to present unto your highness own hand and view , in short , and yet in full too , the whole substance of the matter , with the grounds and reasons of it ; shewing the legality , equity , justice , and necessity of it , that you may at your leasure deliberately consider of it , and the more confidently resolve what to do in it . it is the unhappiness of great princes , that they must see with other mens eyes , and hear with other mens ears ; in this i desire your own may be judges . and now , my lord , i shall humbly crave your favourable protection in the offer of this proposal , and the further pursute of it , if any further pursute be made in it : for although it speaks nothing but law and reason , equity and antiquity ; yet what entertainment it may probably meet with when it comes abroad , both the title and the subject of it may promise and presage , even such as all subjects of this nature do usually find , to be unwelcom ; yet truly there are none of those that are most concern'd in it , but upon conference , when they have rightly understood my mind in it , and their own case , they have gone away wellsatified ; but , my lord , they will be better satisfied , if in consideration of those great sums your highness is to receive out of the church-revenues , so freely and so firmly by law conferr'd upon you , your highness will be pleased to protect them in all the rest , and to settle upon the church , and confirm unto it her antient portion and patrimony , the tithes , & to put them into a better capacity of demanding and receiving them , than now they are in , when men will pay them but what they list , and if they do but demand their dues of them in a legal way , presently they are threatned with ejectment , which ( as things now stand with them ) is no hard matter to compass , considering the many pins upon which their standing doth depend , and the world of exceptions , which the commissions , proclamations , orders , and ordinances made concerning them ( if stretch'd upon the tenters , to the extremity of them , and acted upon with rigour ) make them liable unto ; besides , many of those which are their judges in these cases being of different judgements from them in matters of religion , and ways of worship , and directly principled , not only against their persons , but even against their very callings and the payment of tithes , out of which their livelihood , and your highnesses revenue should arise , the continuance whereof is the only way of perpetuating the ministry , in the church ; and which once taken away , it will inevitably follow , that in short space the ministry will be utterly ruined and rooted out of the church of england , and that once down , all other ordinances fall with it , which it is your highest honour to protect , and to uphold ; but leaving those matters to your higness wisedom and care , with the contribution of my prayers to the great god of heaven and earth , the high dispoof all things , for his blessed protection , direction , and assistance , to be ever present with you in all your great , noble , high , wise , and religious undertakings , i passe to the businese intended , and subscribe as above , your highnesses and the commonwealths , to serve you in all good ways , thomas bradley . a praesent for caesar . there is no man that looks upon this commonwealth , and considers it in the posture that now it stands , but he will confesse that it would require even the golden mines of peru to defray the charge of it , and to carry on the businesses in which it is engag'd ; hence it is that the supream magistrate , upon whose shoulders the government of it lies , is forc'd to raise vast sums of money by such ways & means as reason of state puts him upon , ( as by contribution , excise , decimation , and the like ) for the managing of them , which lie heavy upon the people , and are resented as grievous burdens : for let reason of state speak what it will , and necessity be never so pressing , men are not willing to part with their money , t is ease and freedom from burthens that they look for , which when they sensibly feel , then they will sit down satisfied and contentedly acquiesce in their condition . what was it that kept the tribes so close to jeroboam , and his successors , after the rent from judah , that through the reign of kings they kept constant to them , and never returned again , but that he did that which rehoboam should have done , and which the people sued for , and the grave counsellers advised him to , in making their yoaks easier , and their burdens lighter ? the nearest way for us to do so too , is to alter the chargeable posture that we now stand in , if with honour , justice , and safety , that may be done : but if that cannot be , the next way is to supply it with treasure , by such ways and means as are most clear and smooth , and least liable to exceptions ; and what more clear than what law hath determined ? what more just than for a man to demand his own ? what more equal than for men to pay their debts which they owe ? t is not a curtesie , but a duty , not a gratuity , but the payment of a just and due debt , to render unto caesar the things that are caesars . and such is that which here i offer , which if it may be managed by such hands as i have ready to commend , of men of known worth and integrity , fidelity and ability to undertake , and to perform it , it shall bring in to the treasury for the praesent l . and to the revenue l . yearly , and clearly , without any charge to the state in the gathering of it , or trouble , or just cause of grievance to any other that are most concern'd in it , whose good is principally aim'd at in this design , which is as followeth . i doe propose , that the statute of the . of henry the th . and of the first of qu. eliz. for payment of first-fruits , and tenths , may be put into due execution , which require that they be paid in to the true value of them , and not as they stand partially rated in the late kings books , by an antient inquiry made above years since , which gives them not in to the th . nor to the th . nor scarce to the th . part of the true value of them , throughout the land . some reasons shewing the reasonableness , equity , justice , and seasonablenesse of this demand . first it is legal that they should be so paid , the statute is clear , and peremptory for it as above , the . of hen. the . and the . or qu. eliz. secondly , and that statute made in a free & full parliament , where the bishops chiefly concern'd in it , as lords spiritual ( so called ) sate in the upper house , in great power , and with them in that parliament six and twenty abbots , which ( together ) with the bishops , were able to have carried a vote against the lords temporal , which in those days were not so numerous . and besides these a full convocation of the clergy sitting , and unanimously assenting to it , thirdly , and this act so considerable , that three of the greatest officers in the land , the lord chancellor , the lord chief baron , and the master of the rolls , are thereby required to make inquiry from time to time , by all the ways and means they can in their discretiō devise , to find out the true values of them , that so the first-fruits and tenths may be paid in accordingly . and against those would i have put in my information in the committee for discoveries , if my council had not otherwise perswaded and over-ruled me . fourthly , there is good bond for it , which every incumbent ( at his entrance into his living ) enters into the first-fruits office , called the melius inquirendum , the condition whereof runs as followeth . the condition of this obligation is such , that if the rectory of a. in the county of b. be hereafter proved to be of more yearly value than ten pounds , then if c. d. incumbent there , do answer the keepers of the liberties of england accordingly within one moneth after certificate of due proof thereof had , and delivered unto him , without fraud or further delay ▪ then this present obligation to be void and of none effect , or else to stand and remain in full force and vertue . i have taken some pains , and been at some cost in this inquiry , and i find this ten pound , commonly to be an hundred , seldom less than fourscore ; as for instances , the rectory of alsford in hampshire , stands in the late kings books at l . and some odd shillings : i have known this rectory to be let at l . communibus annis , and besides the * incumbent reserving to himself the house , with the accommodatious about it , with some gleab land , and other advantages , to the value of l . a year , and upward . i could multiply instances of this kind , if it were necessary . fifthly , we may better now afford to doe it than heretofore , inasmuch as we are freed from many other burdens , and yearely payments which formerly we stood charged withall ( as synodals , and procurations ) and good reason for it ; for the duties upon which they were charg'd being laid down , which were the calling of synods , and visitations of the churches , which were to be done at the charge of the ministry , it will follow rationally , that the charge , occasioned by these duties , should die with them , as also the contributions usually given to the bishops at their first entrance upon their sees by way of gratuity . sixthly , it was not so long since it was questioned , and that in parliament too , whether any tithes should be paid at all , and shall it now be questioned , whether these dues shall be paid out of them to his highness which the law requires ? seventhly , vvhat more usual with christian kings and commonwealths than in great exigencies of affairs , as in their chargeable wars , &c ▪ to supply their wants out of the revenues of the church , by receiving sometimes a tenth , sometimes a fifteenth part throughout their dominions , and that where they have no such law for it as we have , but only raggione del stato , as the italian speaks ? eightly , if you look upon the preface that usher'd in this act when it was first made , in the . of hen. . you shall find it speaks as strongly for his highness , and the present affairs of the commonwealth now , and they do as necessarily require it , as then they did . ninthly , doe the great affairs of the commonwealth force his highness to raise such great summes of mony for the managing of them , by such ways and means as reason of state puts him upon , as by contribution , decimation , excise , and the like ; and is it fit that such sums as these are , which are clearly due by law , should lie asleep , and be wav'd the while ? tenthly , let noe man think it strange , that the melius inquirendum should be now set on foot : the lord treasurer buckhurst was setting it on foot in his time , as his secretary gurney told me about eight and twenty years agoe , at my return out of spain , where i had been with the lord cottington , embassadour ▪ extraordinary , upon the treaty of the peace between the two kingdoms , then and there honourably concluded , ever since which time i have had it by me . eleventhly , i offered to set it on foot in the late kings time , and for that purpose acquainted the archbishop of canterbury with it , but he kept it off , and charged me upon my canonical obedience i should not stir in it , neither did i while i owed him any . twelfthly , and mainly , even those which are most concerned in it , and may pretend to have greatest cause to except against it , shall receive advantage by it ; it is the only way to settle them in their tithes , and to confirm them upon them , and to engage his highness to protect them in the possession and enjoyment of them , which before , and as yet doe stand but upon tottering terms ; most of the counties in england having petitioned against them ; let them pay their dues , and they may with the better confidence demand and require them : but in the mean time , while they pay their dues to his highness in such an inconsiderable proportion , what if the parishioner should take the advantage of it to pay his tithes by the same proportion ; and being required to pay them to the full value , shall answer , that he pays his tithes in to the incumbent , after the same proportion , that the incumbent pays them in to his highness and the commonwealth , both being equally due ? how this will stand good in law i know not ; but i am sure it is good in equity . lastly , were the revenues yet left unto the church distributed in any indifferent or reasonable proportion , with due respect had to the different worth , gifts , and parts , of those that are imployed in the glorious work of the ministry , and the different congregations under their several charges , there is yet left means abundantly sufficient for the maintenance and encouragement of an able ministrie throughout the land , cheerfully paying out of it his highnesses dues too , which the law requires in testimony of their thankfullnesse to him for protecting them in all the rest . for besides all the defalcations and deductions that have been made out of it , both in the time of hen. the . and of the late parliament , there is yet left unto it full half a million a year , and if course were taken , that this might be prudently proportioned , so as the greater livings might help the lesser , there would be found abundantly sufficient for both ; and so all the revenues of the first-fruits office , would come in clearly unto his highness , which now goes all out in augmentations , and doth not serve the turn neither ; and if all the revenues of the church will not now be sufficient for the maintaining of the ministry , now they are all set a part , and appropriated to that use , how did it serve the turn antiently , when they had scarce a fourth part of it , the other three being distributed to other uses ? for if you look back into antiquity , you shall find , that primitively these revenues were not shar'd amongst the clergy parochiatim , by parish meal , as now , it was many hundred years since christ , before the land was so divided , and cantoniz'd into parishes ; but all the tithes and oblations , and other revenues of the church were put into several church treasuries , in every diocese one , those treasuries committed to the care and trust of faithfull and prudent men , by whom they were to be distributed to pious and charitable uses , as need did require ; those men by whom they were to be thus distributed , were the deacons , according to the primitive institution , act. . those uses unto which they were distributed , were principally these four . first for the maintenance of the ministry . secondly , for the relief of the poor . thirdly , for the building and repairing of churches , and religious houses . and thly , for the redemption of christian captives , the relief of persecuted christians , and the like , so that of all these revenues there was not above a th . part fell to their share ; nor that neither , but with these limitations . first , if they had no other competent means of their own to live upon ; for if they had , then by the antient canons , they were to receive no distribution out of the church revenue ; but were to preach the gospel freely . qui bonis parentum sustentari possunt clerici , si quod pauperum est accipiunt , sacrilegium committunt ; clerks or clergy men which may be sustained by the goods of their parents , or ( as i conceive he means ) by maintenance left them by their parents , if they take any thing of the poors patrimony , they commit sacrilege ; and what they meant by the poors patrimony , appears by the same father in another place . quicquid possidet ecclesia , vel in fundis , vel in pecunia , pauperum est patrimonium ; whatsoever the church possesseth , either in lands , or in money , it is the patrimony of the poor , they only had the honour and the trust of the distributing of it , or overseeing the distributing of it by the deacons , in which regard most properly they were episcopi , which signifieth overseers ; and good reason that themselves , and the rest of the clergy having not otherwise wherewith to sustain themselves , should be supplied out of the treasury ; and so they were , but ( which was the second limitation ) that so sparingly , and so frugally , that there should be no allowance for any vain , or unnecessary expences , much less for purchasing of lands and houses , for raising of families to greatness , least of all for princely pomp , and state ; for what the pomp & state of bishops was in those days , appears by that modest canon made in the antient council of a quileia , in these words * episcopus non procul ab ecclesia habeat hospitiolum , vilem mensam , & supellectilem ; let the bishop have near unto the church a little house or hospital , and in it a mean table , with mean houshouldstuff . that grave council , even by the spirit of prophesie foreseeing , and prudently endeavouring to prevent that which after followed in the princely pomp of prelates . wherefore these things duly cosidered , i hope no man will be offended at me for what i here offer and present ; but rather that i shall deserve thanks from all parties concern'd in it respectively ; from his highness for endeavouring the augmentation of his treasury , and the increase of his revenue ▪ in a legal way , whereby he may be the better inabled to defray the charge , and to carry on the great businesses of the commonwealth , committed to his care and trust ; from the commonwealth , whose affairs shall by this means be the better administred , and they in due time eas'd from other burdens , now lying upon them ; and from my brethren in the ministry , whose portion and patrimony shall by this means be setled and confirmed upon them , and his highness ingaged to protect them in the enjoyment of them , together with his own interest , and in all other their antient duties and immunities , now miserably invaded . in three words , me thinks it should be satisfactory to all , that there is nothing here proposed but what there is law for , what there is reason for , and what there is bond for . if his highness will be pleased to remit all these his dues now he knows them , he shall therein do a very noble , and gracious act , and i shall have my share in the benefit of it ; but if ( the exigencies of the time so requiring ) he shal be pleased to demand them , we have no more reason to be offended with him for taking his own , than the people have to be offended with us for taking ours . the way for us to improve this payment to our own advantage , is to doe it freely , and cheerfully , and out of our sence of the pressing necessities of the time , and our thankfulness to his highness for our protection in them , to offer it up to him as a free-will offering ; though there were no law at all to require it . were the clergy of those times so sensible of the great burthens of the commonwealth , and so thankfull to the king for his care and pains in managing the affairs of it in troublesome times , as to make such a law when there was none , and shall we be so insensible of the greater burdens of the present times , or so unthankfull to the supreme magistrate , upon whose shoulders the weight of them lies more heavy than ever it did upon that king , as not to observe it now it is made ? surely , as the clergy of those times did shew their sense of the one , and their thankfullness to the other , in their free offer of this their assistance , in making such a law ; so the ministry of these times will be much more forward to doe their parts to assist , enable , and encourage the magistrate in his government by keeping it , and every one to put to his little finger , to the easing of him of the heavy burthen of it lying upon his shoulders ; so as i trust i may generally in the name of them all , as well as of my self , tender this present unto him as to our patron , protector and benefactor . and although that servant which doth no more than his duty cannot plead merit , nor challenge any extraordinary reward ; yet upon this our readiness and cheerfullness in the performance of it , we may undoubtedly promise unto our selves from his highness such acts of grace , in reference to our calling , and protection in the exercise of it , in reference to our maintenance by tithes , and that competent and certain , and in some indifferent manner proportiond unto us , & of our restauration to all other privileges , immunities & exemptions belonging to us , as may abundantly recompence the cost of our obedience in this matter . in order to all these things , and of settling all things into a right posture , concerning the ministry , there was a paper drawn up with a great deal of care , pains , study , and circumspection , and offered to the late parliament , though their multiplicity of business would not permit them to peruse and to consider of it within the time limited ; which although it were presented by inconsiderable hands , mr. bakers and my own , yet there were other hands and heads used in the composing and perusing of it much more considerable ; which if his highnesses greater businesses would but permit him to peruse , or this present parliament now conven'd to consider of , or to appoint some grave committee to take the cognizance of it , it would be found to be of special use unto them , and to give them much light and many hints as to this business , not to be despised , in which we shall be ready at all times to serve them with our best endeavours , if it be required . in which ( as also in any thing else that i have written , as touching the setling of ministers in their dues , and their payment of their dues , i humbly crave to be candidly interpreted on both hands , my intentions in reference to both , being honest , just , and good , that caesar may have his due , and that they that pay it may have theirs too , with an earnest desire and hope , that as they are to pay with one hand , so they may receive with the other ; that in consideration of these great sums by their own voluntary act , so clearly coming to the publike treasury , for the publike good , some act of grace may be past for them , or something done in favour of them , which may so ballance the payment of it , as that they may resent it , not as a burthen , but a benefit , not as a damage , but an advantage ; if it shall please his highness as freely to remit the payment unto them , as they did at first grant it unto him , and so engage the pulpit to him that way , what is that to me ? why should my eye be evil because his is good ? he shall therein do an act both of bounty and policy ; but what will the rest of the commonwealth think the while , when ( reason of state and necessity so requiring ) he shall raise such great sums of money from them by all the ways and means he can rationally and prudentially devise , and in the mean time gratifie these with such great sums of his own , so clearly by law and reason due unto him ? may his highness be pleased but to take his own dues of them , and to grant them theirs in their antient portion , and patrimony , with all those privileges , immunities & exemptions , in which the law hath indulg'd them , custom confirm'd them , and all the kings of this nation , not only since the conquest , but since the first reformation have protected them in , his highness dues may be paid , his treasuries supplyed , the common-wealth eased in good part in some other burdens , and in all this they no losers but gainers by the bargain . finis . notes, typically marginal, from the original text notes for div a e- col. goffe , lieut. col. worsley , and mr. scobel clark of the council . notes for div a e- i mean not as to the form of it , but as to the charge of it . * dr. healinge . procurabit hospitia , & synodalia . hieron. cap. clericos , . & . concil. aquil . * the motto of my house at nettl●bed . considerations touching the likeliest means to remove hirelings out of the church wherein is also discourc'd of tithes, church-fees, church-revenues, and whether any maintenance of ministers can be settl'd by law / the author j.m. milton, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) considerations touching the likeliest means to remove hirelings out of the church wherein is also discourc'd of tithes, church-fees, church-revenues, and whether any maintenance of ministers can be settl'd by law / the author j.m. milton, john, - . [ ], p. printed by t.n. for l. chapman ..., london : . attributed to john milton. cf. bm. first ed. cf. bm. reproduction of original in huntington library. item incorrectly identified in reel guide as m . eng church of england -- controversial literature. church of england -- clergy -- salaries, etc. fees, ecclesiastical -- early works to . tithes -- early works to . a r (wing m ). civilwar no considerations touching the likeliest means to remove hirelings out of the church. wherein is also discourc'd of tithes, church-fees, church milton, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion considerations touching the likeliest means to remove hirelings out of the church . wherein is also discourc'd of tithes , church-fees , church-revenues ; and whether any maintenance of ministers can be settl'd by law . the author j. m. london : printed by t. n. for l. chapman at the crown in popes-head alley . . to the parlament of the commonwealth of england with the dominions therof . owing to your protection , supream senat , this libertie of writing which i have us'd these years on all occasions to assert the just rights and freedoms both of church and state , and so far approv'd , as to have bin trusted with the representment and defence of your actions to all christendom against an adversarie of no mean repute , to whom should i address what i still publish on the same argument , but to you whose magnanimous councels first opend and unbound the age from a double bondage under prelatical and regal tyrannie ; above our own hopes heartning us to look up at last like men and christians from the slavish dejection , wherin from father to son we were bred up and taught ; and thereby deserving of these nations , if they be not barbarously ingrateful , to be acknowledgd , next under god , the authors and best patrons of religious and civil libertie , that ever these ilands brought forth . the care and tuition of whose peace and safety , after a short but scandalous night of interruption , is now again by a new dawning of gods miraculous providence among us , revolvd upon your shoulders . and to whom more appertain these considerations which i propound , then to your selves and the debate before you , though i trust of no difficultie , yet at present of great expectation , not whether ye will gratifie , were it no more then so , but whether ye will hearken to the just petition of many thousands best affected both to religion and to this your returne , or whether ye will satisfie , which you never can , the covetous pretences and demands of insatiable hirelings , whose disaffection ye well know both to your selves and your resolutions . that i , though among many others in this common concernment , interpose to your deliberations what my thoughts also are , your own judgment and the success therof hath given me the confidence : which requests but this , that if i have prosperously , god so favoring me , defended the publick cause of this commonwealth to foreiners , ye would not think the reason and abilitie , wheron ye trusted once , and repent not , your whole reputation to the world , either grown less by more maturitie and longer studie , or less available in english then in another tongue : but that if it suffic'd som years past to convince and satisfie the uningag'd of other nations in the justice of your doings , though then held paradoxal , it may as well suffice now against weaker opposition in matters , except here in england ( with a spiritualtie of men devoted to thir temporal gain , ) of no controversie els among protestants . neither do i doubt , seeing daily the acceptance which they ▪ finde who in thir petitions venture to bring advice also and new modells of a commonwealth , but that you will interpret it much more the dutie of a christian to offer what his conscience perswades him may be of moment to the freedom and better constituting of the church : ) since it is a deed of highest charitie to help undeceive the people , and a work worthiest your autoritie , in all things els authors , assertors and now recoverers of our libertie , to deliver us , the only people of all protestants left still undeliverd , from the oppressions of a simonious decimating clergie ; who shame not against the judgment and practice of all other churches reformd , to maintain , though very weakly , thir popish and oft refuted positions , not in a point of conscience , wherin they might be blameles , but in a point of covetousnes and unjust claim to other mens goods ; a conuention foul and odious in any man , but most of all in ministers of the gospel , in whom contention , though for thir own right , scarce is allowable . till which greevances be remov'd and religion set free from the monopolie of hirelings , i dare affirme , that no modell whatsoever of a common-wealth will prove succesful or undisturbd ; and so perswaded , implore divine assistance on your pious councels and proceedings to unanimitie in this and all other truth . john milton . considerations touching the likeliest means to remove hirelings out of the church . the former treatise , which leads in this , begann with two things ever found working much mischief to the church of god , and the advancement of truth ; force on the one side restraining , and hire on the other side corrupting the teachers therof . the latter of these is by much the more dangerous : ( for under force , though no thank to the forcers , true religion oft-times best thrives ) and flourishes : but the corruption of teachers , most commonly the effect of hire , is the very bane of truth in them who are so corrupted . of force not to be us'd in matters of religion , i have already spoken ; and so stated matters of conscience and religion in faith and divine worship , and so severd them from blasphemie and heresie , the one being such properly as is despiteful , the other such as stands not to the rule of scripture , and so both of them not matters of religion , but rather against it , that to them who will yet us● force , this only choise can b● left , whether they will force them to beleeve , to whom it is not given from above , being not forc'd thereto by any principle of the gospel , which is now the only dispensation of god to all men , or whether being protestants , they will punish in those things wherin the protestant religion denies them to be judges , either in themselves infallible or to the consciences of other men , or whether , lastly , they think fit to punish error , supposing they can be infallible that it is so , being not wilful , but conscientious , and , according to the best light of him who errs , grounded on scripture : which kinde of error all men religious , or but only reasonable , have thought worthier of pardon ; and the growth therof to be prevented by spiritual means and church-discipline , not by civil laws and outward force ; since it is god only who gives as well to beleeve aright , as to beleeve at all ; and by those means which he ordaind sufficiently in his church to the full execution of his divine purpose in the gospel . it remanes now to speak of hire ; the other evil so mischeevous in religion : wherof i promisd then to speak further , when i should finde god disposing me , and opportunity inviting . opportunity i finde now inviting ; and apprehend therin the concurrence of god disposing ; since the maintenance of church-ministers , a thing not properly belonging to the magistrate , and yet with such importunity call'd for , and expected from him , is at present under publick debate . wherin least any thing may happen to be determind and establishd prejudicial to the right and freedom of church , or advantageous to such as may be found hirelings therin , it will be now most seasonable , and in these matters wherin every christian hath his free suffrage , no way misbecoming christian meeknes to offer freely , without disparagement to the wisest , such advice as god shall incline him and inable him to propound . since heretofore in commonwealths of most fame for government , civil laws were not establishd till they had been first for certain dayes publishd to the view of all men , that who so pleasd might speak freely his opinion therof , and give in his exceptions , ere the law could pass to a full establishment . and where ought this equity to have more place , then in the libertie which is unseparable from christian religion ? this , i am not ignorant , will be a work unpleasing to some : but what truth is not hateful to some or other , as this , in likelihood , will be to none but hirelings . and if there be among them who hold it thir duty to speak impartial truth , as the work of thir ministry , though not performd without monie , let them not envie others who think the same no less their duty by the general office of christianity , to speak truth , as in all reason may be thought , more impartially and unsuspectedly without monie . hire of itself is neither a thing unlawful , nor a word of any evil note , signifying no more then a due recompence or reward ; as when our saviour saith , the laborer is worthy of his hire . that which makes it so dangerous in the church , and properly makes the hireling , a word always of evil signification , is either the excess thereof , or the undue manner of giving and taking it . what harme the excess therof brought to the church , perhaps was not found by experience till the days of constantine : who out of his zeal thinking he could be never too liberally a nursing father of the church , might be not unfitly said to have either overlaid it or choakd it in the nursing . which was foretold , as is recorded in ecclesiastical traditions , by a voice heard from heaven on the very day that those great donations and church-revenues were given , crying aloud , this day is poison pourd into the church . which the event soon after verifi'd ; as appeers by another no less ancient observation , that religion brought forth wealth , and the daughter devourd the mother . but long ere wealth came into the church , so soone as any gain appeerd in religion , hirelings were apparent ; drawn in long before by the very sent thereof . judas therefor , the first hireling , for want of present hire answerable to his coveting , from the small number or the meanness of such as then were the religious , sold the religion it self with the founder therof , his master . simon magus the next , in hope only that preaching and the gifts of the holy ghost would prove gainful , offerd before-hand a sum of monie to obtain them . not long after , as the apostle foretold , hirelings like wolves came in by herds , acts . . for , i know this , that after my departing shall greevous wolves enter in among you , not sparing the flock . tit. . . teaching things which they ought not , for filthy lucres sake . pet. . . and through covetousnes shall they with feigned words make merchandise of you . yet they taught not fals doctrin only , but seeming piety : tim. . . supposing that gain is godlines . neither came they in of themselves only , but invited oft-times by a corrupt audience : tim. . . for the time will come , when they will not endure sound doctrin , but after thir own lusts they will heap to themselves teachers , having itching ears : and they on the other side , as fast heaping to themselves disciples , acts . , doubtles had as itching palmes . pet. . . following the way of balaam , the son of bosor , who lovd the wages of unrighteousnes . jude . they ran greedily after the error of balaam for reward . thus we see that not only the excess of hire in wealthiest times , but also the undue and vitious taking or giving it , though but small or mean , as in the primitive times , gave to hirelings occasion , though not intended , yet sufficient , to creep at first into the church . which argues also the difficulty , or rather the impossibility , to remove them quite ; unless every minister were , as st. paul , contented to teach gratis : but few such are to be found . as therefor we cannot justly take away all hire in the church , because we cannot otherwise quite remove all hirelings , so are we not for the impossibility of removing them all , to use therefor no endevor that fewest may come in : but rather , in regard the evil , do what we can , will alwayes be incumbent and unavoidable , to use our utmost diligence , how it may be least dangerous . which will be likeliest effected , if we consider , first , what recompence god hath ordaind should be given to ministers of the church ; ( for that a recompence ought to be given them , and may by them justly be received , our saviour himself from the very light of reason and of equity hath declar'd : luke . . the laborer is worthy of his hire ) next by whom ; and lastly , in what manner . what recompence ought be given to church-ministers , god hath answerably ordaind according to that difference which he hath manifestly put between those his two great dispensations , the law and the gospel . under the law he gave them tithes ; under the gospel , having left all things in his church to charity and christian freedom , he hath given them only what is justly given them . that , as well under the gospel as under the law , say our english divines , and they only of all protestants , is tithes ; and they say true , if any man be so minded to give them of his own the tenth or twentith : out that the law therefor of tithes is in force under the gospel , all other protestant divines , though equally concernd , yet constantly deny . for although hire to the laborer be of moral and perpetual right , yet that special kinde of hire , the tenth , can be of no right or necessity , but to that special labor for which god ordaind it . that special labor was the levitical and ceremonial service of the tabernacle , numb. . , . which is now abolishd : the right therefor of that special hire must needs be withall abolishd , as being also ceremonial . that tithes were ceremonial , is plane ; not being given to the levites till they had bin first offerd a heave-offering to the lord , vers. , . he then who by that law brings tithes into the gospel , of necessity brings in withall a sacrifice , and an altar ; without which tithes by that law were unsanctifi'd and polluted , vers. . and therefor never thought on in the first christian times , till ceremonies , altars , and oblations , by an ancienter corruption were brought back long before . and yet the jewes ever since thir temple was destroid , though they have rabbies and teachers of thir law , yet pay no tithes , as having no levites to whom , no temple where to pay them , no altar wheron to hallow them ; which argues that the jewes themselves never thought tithes moral , but ceremonial only . that christians therefor should take them up , when jewes have laid them down , must needs be very absurd and preposterous . next , it is as cleer in the same chapter , that the priests and levites had not tithes for their labor only in the tabernacle , but in regard they were to have no other part nor inheritance in the land , vers. , . and by that means for a tenth lost a twelfth . but our levites undergoing no such law of deprivement , can have no right to any such compensation : nay , if by this law they will have tithes , can have no inheritance of land , but forfeit what they have . besides this , tithes were of two sorts , those of every year , and those of every third year : of the former , every one that brought his tithes , was to eat his share . deut. . . thou shalt eat before the lord thy god , in the place which he shall chuse to place his name there , the tithe of thy corn , of thy wine , and of thine oyle , &c. nay , though he could not bring his tithe in kinde , by reason of his distant dwelling from the tabernacle or temple , but was thereby forc'd to turn it into monie , he was to bestow that monie on whatsoever pleasd him ; oxen , sheep , wine , or strong drink ; and to eat and drink therof there before the lord both he and his houshold , ver. , , . as for the tithes of every third year , they were not given only to the levite , but to the stranger , the fatherles , and the widdow , vers. , . & chap. . , . so that ours , if they will have tithes , must admitt of these sharers with them . nay , these tithes were not paid in at all to the levite , but the levite himself was to come with those his fellow guests and eat his share of them only at his house who provided them ; and this not in regard of his ministerial office , but because he had no part nor inheritance in the land . lastly , the priests and levites , a tribe , were of a far different constitution from this of our ministers under the gospel : in them were orders and degrees both by family , dignity and office , mainly distinguishd ; the high priest , his brethren and his sons , to whom the levites themselves paid tithes , and of the best , were eminently superior , num. . , . no protestant , i suppose , will liken one of our ministers to a high priest , but rather to a common levite . unless then , to keep their tithes , they mean to bring back again bishops , archbishops and the whole gang of prelatry , to whom will they themselves pay tythes , as by that law it was a sin to them , if they did not , v. . certainly this must needs put them to a deep demurr , while the desire of holding fast thir tithes without sin , may tempt them to bring back again bishops as the likenes of that hierarchy that should receive tithes from them , and the desire to pay none , may advise them to keep out of the church all orders above them . but if we have to do at present , as i suppose we have , with true reformed protestants , not with papists or prelates , it will not be deni'd that in the gospel there be but two ministerial degrees , presbyters and deacons : which if they contend to have any succession , reference or conformity with those two degrees under the law , priests & levites , it must needs be such whereby our presbyters or ministers may be answerable to priests , and our deacons to levites : by which rule of proportion it will follow , that we must pay our tithes to the deacons only , and they only to the ministers . but if it be truer yet that the priesthood of aaron typifi'd a better reality , pet. . . signifying the christian true and holy priesthood , to offer up spiritual sacrifice ; it follows hence , that we are now justly exempt from paying tithes , to any who claim from aaron , since that priesthood is in us now real , which in him was but a shaddow . seeing then by all this which hath bin shewn that the law of tithes is partly ceremonial , as the work was for which they were given , partly judicial , not of common , but of particular right to the tribe of levi , nor to them alone , but to the owner also and his houshold , at the time of thir offering , and every three year to the stranger , the fatherles , and the widdow , thir appointed sharers , and that they were a tribe of priests and deacons improperly compar'd to the constitution of our ministery , and the tithes given by that people to those deacons only , it follows that our ministers at this day , being neither priests nor levites , nor fitly answering to either of them , can have no just title or pretence to tithes , by any consequence drawn from the law of moses . but they think they have yet a better plea in the example of melchisedec , who took tithes of abram ere the law was given : whence they would inferr tithes to be of moral right . but they ought to know , or to remember , that not examples , but express commands oblige our obedience to god or man : next , that whatsoever was don in religion before the law written , is not presently to be counted moral , when as so many things were then don both ceremonial and judaically judicial , that we need not doubt to conclude all times before christ , more or less under the ceremonial law . to what end servd els those altars and sacrifices , that distinction of clean and unclean entring into the ark , circumcision and the raising up of seed to the elder brother , gen. . ? if these things be not moral , though before the law , how are tithes , though in the example of abram and melchisedec ? but this instance is so far from being the just ground of a law , that after all circumstances duly waighd both from gen. . and heb. , it will not be allowd them so much as an example . melchisedec , besides his priestly benediction , brought with him bread and wine sufficient to refresh abram and his whole armie ; incited to do so , first , by the secret providence of god , intending him for a type of christ and his priesthood ; next by his due thankfulnes and honor to abram , who had freed his borders of salem from a potent enemie : abram on the other side honors him with the tenth of all , that is to say , ( for he took not sure his whole estate with him to that warr ) of the spoiles , heb. . . incited he also by the same secret providence , to signifie as grandfather of levi , that the levitical priesthood was excelld by the priesthood of christ . for the giving of a tenth declar'd it seems in those countreys and times , him the greater who receivd it . that which next incited him , was partly his gratitude to requite the present , partly his reverence to the person and his benediction : to his person , as a king and priest ; greater therefor then abram ; who was a priest also , but not a king . and who unhir'd will be so hardy as to say , that abram at any other time ever paid him tithes , either before or after ; or had then , but for this accidental meeting and obligement ; or that els melchisedec had demanded or exacted them , or took them otherwise , then as the voluntarie gift of abram ? but our ministers , though neither priests nor kings more then any other christian , greater in thir own esteem then abraham and all his seed , for the verbal labor of a seventh dayes preachment , not bringing , like melchisedec , bread or wine at thir own cost , would not take only at the willing hand of liberality or gratitude , but require and exact as due the tenth , not of spoiles , but of our whole estates and labors ; nor once , but yearly . we then it seems by the example of abram must pay tithes to these melchisedecs : but what if the person of abram can either no way represent us , or will oblige the ministers to pay tithes no less then other men ? abram had not only a priest in his loines , but was himself a priest ; and gave tithes to melchisedec either as grandfather of levi , or as father of the faithful . if as grandfather ( though he understood it not ) of levi , he oblig'd not us but levi only , the inferior priest , by that homage ( as the apostle to the hebrewes cleerly anough explanes ) to acknowledge the greater . and they who by melchisedec claim from abram as levi's grandfather , have none to seek thir tithes of but the levites , where they can finde them . if abram as father of the faithful paid tithes to melchisedec , then certainly the ministers also , if they be of that number , paid in him equally with the rest . which may induce us to beleeve , that as both abram and melchisedec , so tithes also in that action typical and ceremonial , signifi'd nothing els but that subjection , which all the faithful , both ministers and people owe to christ , our high priest and king . in any literal sense from this example they never will be able to extort that the people in those dayes paid tithes to priests ; but this only , that one priest once in his life , of spoiles only , and in requital partly of a liberal present , partly of a benediction , gave voluntary tithes , not to a greater priest then himself as far as abram could then understand , but rather to a priest and king joind in one person . they will reply , perhaps , that if one priest paid tithes to another , it must needs be understood that the people did no less to the priest . but i shall easily remove that necessitie by remembring them that in those dayes was no priest , but the father , or the first born of each familie ; and by consequence no people to pay him tithes , but his own children and servants , who had not wherewithall to pay him , but of his own . yet grant that the people then paid tithes , there will not yet be the like reason to enjoin us : they being then under ceremonies , a meer laitie , we now under christ ▪ a royal priesthood , pet. . , as we are coheirs , kings and priests with him , a priest for ever after the order or manner of melchisedec . as therefor abram paid tithes to melchisedec because levi was in him , so we ought to pay none because the true melchisedec is in us , and we in him who can pay to none greater , and hath freed us by our union with himself , from all compulsive tributes and taxes in his church . neither doth the collateral place , heb. , make other use of this story , then to prove christ , personated by melchisedec , a greater priest then aaron : vers. . now consider how great this man was , &c. and prov● not in the least manner that tithes be of any right to ministers , but the contrary : first the levites had a commandment to take tithes of the people according to the law , that is of thir brethren , though they com out of the loines of abraham , vers. . the commandment then was , it seems , to take tithes of the jewes only , and according to the law . that law changing of necessity with the priesthood , no other sort of ministers , as they must needs be another sort , under another priesthood , can receive that tribute of tithes which fell with that law , unless renu'd by another express command and according to another law : no such law is extant . next , melchisedec not as a minister , but as christ himself in person blessd abraham , who had the promises , vers. ; and in him blessd all both ministers and people , both of the law and gospel : that blessing declar'd him greater and better then whom he blessd , vers. ; receiving tithes from them all not as a maintenance , which melchisedec needed not , but as a signe of homage and subjection to thir king and priest : wheras ministers bear not the person of christ in his priesthood or kingship , bless not as he blesses , are not by their blessing greater then abraham , and all the faithful with themselves included in him , cannot both give and take tithes in abram , cannot claim to themselves that signe of our allegiance due only to our eternal king and priest , cannot therefor derive tithes from melchisedec . lastly , the eighth verse hath thus : here men that die receive tithes : there he received them , of whom it is witnesd that he liveth . which words intimate that as he offerd himself once for us , so he received once of us in abraham , and in that place the typical acknowledgment of our redemption : which had it bin a perpetual annuitie to christ , by him claimd as his due , levi must have paid it yearly , as well as then , vers. . and our ministers ought still to som melchisedec or other , as well now as they did in abraham . but that christ never claimd any such tenth as his annual due , much less resign'd it to the ministers , his so officious receivers without express commission or assignement , will be yet cleerer as we proceed . thus much may at length assure us , that this example of abram & melchisedec , though i see of late they build most upon it , can so little be the ground of any law to us , that it will not so much avail them as to the autoritie of an example . of like impertinence is that example of jacob , gen. . , who of his free choise , not enjoind by any law , vowd the tenth of all that god should give him : which , for aught appeers to the contrarie , he vowd as a thing no less indifferent before his vow , then the foregoing part thereof ; that the stone which he had set there for a pillar , should be god's house . and to whom vowd he this tenth , but to god ; not to any priest ; for we read of none to him greater then himself ? and to god , no doubt , but he paid what he vowd ; both in the building of that bethel with other altars els where , and the expence of his continual sacrifices , which none but he had right to offer . however therefor he paid his tenth , it could in no likelihood , unless by such an occasion as befell his grandfather , be to any priest . but , say they , all the tithe of the land , whether of the seed of the land , or of the fruit of the tree , is the lords , holy unto the lord , levit. . . and this before it was given to the levites ; therefor since they ceasd . no question ; for the whole earth is the lords , and the fulnes therof , psal. . ; and the light of nature shews us no less : but that the tenth is his more then the rest , how know i , but as he so declares it ? he declares it so here of the land of canaan only , as by all circumstance appeers ; and passes by deed of gift this tenth to the levite ; yet so as offerd to him first a heaveoffring , and consecrated on his altar , numb. . all which i had as little known , but by that evidence . the levites are ceasd , the gift returns to the giver . how then can we know that he hath given it to any other , or how can these men presume to take it unofferd first to god , unconsecrated , without an other cleer and express donation , wherof they shew no evidence or writing ? besides , he hath now alienated that holy land : who can warrantably affirme , that he hath since hallowd the tenth of this land ; which none but god hath power to do or can warrant ? thir last prooff they cite out of the gospel , which makes as little for them ; matth. . ; where our saviour denouncing woe to the scribes and pharises , who paid tithe so exactly , and omitted waightier matters , tels them , that these they ought to have don , that is , to have paid tithes . for our saviour spake then to those who observd the law of moses , which was yet not fully abrogated , till the destruction of the temple . and by the way here we may observe out of thir own prooff , that the scribes and pharises , though then chief teachers of the people , such at least as were not levites , did not take tithes , but paid them : so much less covetous were the scribes and pharises in those worst times then ours at this day . this is so apparent to the reformed divines of other countreys , that when any one of ours hath attempted in latine to maintain this argument of tithes , though a man would think they might suffer him without opposition in a point equally tending to the advantage of all ministers , yet they forbear not to oppose him , as in a doctrin not fit to pass unoppos'd under the gospel . which shews the modestie , the contentednes of those forein pastors with the maintenance given them , thir sinceritie also in the truth , though less gainful , and the avarice of ours : who through the love of their old papistical tithes , consider not the weak arguments , or rather conjectures and surmises which they bring to defend them . on the other side , although it be sufficient to have prov'd in general the abolishing of tithes , as part of the judaical or ceremonial law , which is abolishd all , as well that before as that after moses , yet i shall further prove them abrogated by an express ordinance of the gospel , founded not on any type , or that municipal law of moses , but on moral , and general equitie , given us instead : cor. . , . know ye not , that they who minister about holy things , live of the things of the temple ; and they which wait at the altar , are partake●s with the altar ? so also the lord hath ordaind , that they who preach the gospel , should live of the gospel . he saith not , should live on things which were of the temple or of the altar , of which were tithes , for that had given them a cleer title : but abrogating that former law of moses , which determind what and how much , by a later ordinance of christ , which leaves the what and how much indefinit and free , so it be sufficient to live on , he saith , the lord hath so ordaind , that they who preach the gospel , should live of the gospel ; which hath neither temple , altar nor sacrifice : heb. . . for he of whom these things are spoken , pertaineth to another tribe , of which no man gave attendance at the altar : his ministers therefor cannot thence have tithes . and where the lord hath so ordaind , we may finde easily in more then one evangelist : luke . , . in the same house remane , eating and drinking such things as they give : for the laborer is worthy of his hire , &c. and into whatsoever citie you enter , and they receive you , eat such things as are set before you . to which ordinance of christ it may seem likeliest , that the apostle referrs us both here and tim. . , where he cites this as the saying of our saviour , that the laborer is worthy of his hire : and both by this place of luke , and that of matth. . , , , it evidently appeers that our saviour ordaind no certain maintenance for his apostles or ministers publickly or privatly in house or citie receivd , but that , what ever it were , which might suffice to live on : and this not commanded or proportiond by abram or by moses , whom he might easily have here cited , as his manner was , but declar'd only by a rule of common equitie which proportions the hire as well to the abilitie of him who gives as to the labor of him who receives , and recommends him only as worthy , not invests him with a legal right . and mark wheron he grounds this his ordinance ; not on a perpetual right of tithes from melchisedec , as hirelings pretend , which he never claimd either for himself , or for his ministers , but on the plane and common equitie of rewarding the laborer ; worthy somtimes of single , somtimes of double honor , not proportionable by tithes . and the apostle in this forecited chapter to the corinthians , vers. , affirms it to be no great recompence , if carnal things be reapd for spiritual sown ; but to mention tithes , neglects here the fittest occasion that could be offerd him , and leaves the rest free and undetermind . certainly if christ or his apostles had approv'd of tithes , they would have either by writing or tradition recommended them to the church : and that soone would have appeerd in the practise of those primitive and the next ages . but for the first three hundred years and more , in all the ecclesiastical storie , i finde no such doctrin or example : though error by that time had brought back again priests , altars and oblations ; and in many other points of religion had miserably judaiz'd the church . so that the defenders of tithes , after a long pomp and tedious preparation out of heathen authors , telling us that tithes were paid to hercules and apollo , which perhaps was imitated from the jewes , and as it were bespeaking our expectation , that they will abound much more with autorities out of christian storie , have nothing of general approbation to beginn with from the first three or four ages , but that which abundantly serves to the confutation of thir tithes ; while they confess that churchmen in those ages livd meerly upon freewill offerings . neither can they say , that tithes were not then paid for want of a civil magistrate to ordain them , for christians had then also lands , and might give out of them what they pleasd ; and yet of tithes then given we finde no mention . and the first christian emperors , who did all things as bishops advis'd them , suppli'd what was wanting to the clergy not out of tithes , which were never motiond , but out of thir own imperial revenues ; as is manifest in eusebius , theodorit and sozomen , from constantine to arcadius . hence those ancientest reformed churches of the waldenses , if they rather continu'd not pure since the apostles , deni'd that tithes were to be given , or that they were ever given in the primitive church ; as appeers by an ancient tractate inserted in the bohemian historie . thus far hath the church bin alwaies , whether in her prime , or in her ancientest reformation , from the approving of tithes : nor without reason ; for they might easily perceive that tithes were fitted to the jewes only , a national church of many incomplete synagogues , uniting the accomplishment of divine worship in one temple ; and the levites there had thir tithes paid where they did thir bodilie work ; to which a particular tribe was set apart by divine appointment , not by the peoples election : but the christian church is universal ; not ti'd to nation , dioces or parish , but consisting of many particular churches complete in themselves ; gatherd , not by compulsion or the accident of dwelling nigh together , but by free consent chusing both thir particular church and thir church-officers . wheras if tithes be set up , all these christian privileges will be disturbd and soone lost , and with them christian libertie . the first autoritie which our adversaries bring , after those fabulous apostolic canons , which they dare not insist upon , is a provincial councel held at cullen , where they voted tithes to be gods rent , in the year three hundred fifty six ; at the same time perhaps when the three kings reignd there , and of like autoritie . for to what purpose do they bring these trivial testimonies , by which they might as well prove altars , candles at noone , and the greatest part of those superstitions , fetchd from paganism or jewism , which the papist , inveigl'd by this fond argument of antiquitie , retains to this day ? to what purpose those decrees of i know not what bishops , to a parlament and people who have thrown out both bishops and altars , and promisd all reformation by the word of god ? and that altars brought tithes hither , as one corruption begott another , is evident by one of those questions which the monk austin propounded to the pope , concerning those things , which by offerings of the faithful came to the altar ; as beda writes , l. . c. . if then by these testimonies we must have tithes continu'd , we must again have altars . of fathers , by custom so calld , they quote ambrose , augustin , and som other ceremonial doctors of the same leaven : whose assertion without pertinent scripture , no reformed church can admitt ; and what they vouch , is founded on the law of moses , with which , every where pitifully mistaken , they again incorporate the gospel ; as did the rest also of those titular fathers , perhaps an age or two before them , by many rights and ceremonies , both jewish and heathenish introduc'd ; whereby thinking to gain all , they lost all : and instead of winning jewes and pagans to be ▪ christians ▪ by too much condescending they turnd christians into jewes and pagans . to heap such unconvincing ▪ citations as these in religion , wherof the scripture only is our rule , argues not much learning nor judgment , but the lost labor of much unprofitable reading . and yet a late hot quaerist for tithes , whom ye may know by his wits lying ever beside him in the margent , to be ever beside his wits in the text , a fierce reformer once , now ranckl'd with a contrary heat , would send us back , very reformedly indeed , to learn reformation from tyndarus and rebuffus , two canonical promooters . they produce next the ancient constitutions of this land , saxon laws , edicts of kings , and thir counsels , from athelstan , in the year nine hundred twenty eight , that tithes by statute were paid : and might produce from ina , above two hundred years before , that romescot , or peters penny , was by as good statute law paid to the pope , from seven hundred twenty five , and almost as long continu'd . and who knows not that this law of tithes was enacted by those kings and barons upon the opinion they had of thir divine right , as the very words import of edward the confessor , in the close of that law : for so blessed austin preachd and taught ; meaning the monk , who first brought the romish religion into england from gregory the pope ▪ and by the way i add , that by these laws , imitating the law of moses , the third part 〈◊〉 tithes only was the priests due ; the other two were appointed for the poor , and to adorne or repare churches ; as the canons of ecbert and elfric witnes : concil. brit. if then these laws were founded upon the opinion of divine autoritie , and that autoritie be found mistaken and erroneous , as hath bin fully manifested , it follows , that these laws fall of themselves with thir fals foundation . but with what face or conscience can they alleage moses , or these laws for tithes , as they now enjoy or exact them ; wherof moses ordains the owner , as we heard before , the stranger , the fatherles and the widdow partakers with the levite ; and these fathers which they cite , and these though romish rather then english laws , allotted both to priest and bishop the third part only . but these our protestant , these our new reformed english presbyterian divines , against thir own cited authors , and to the shame of thir pretended reformation , would engross to themselves all tithes by statute ; and supported more by thir wilful obstinacie and desire of filthie lucre then by these both insufficient and impertinent autorities , would perswade a christian magistracie and parlament , whom we trust god hath restor'd for a happier reformation , to impose upon us a judaical ceremonial law , and yet from that law to be more irregular and unwarrantable , more complying with a covetous clergie , then any of those popish kings and parlaments alleagd . another shift they have to plead , that tithes may be moral as well as the sabbath , a tenth of fruits as well as a seaventh of dayes . i answer , that the prelats who urge this argument , have least reason to use it ; denying morality in the sabbath , and therin better agreeing with reformed churches abroad then the rest of our divines . as therefor the seaventh day is not moral , but a convenient recourse of worship in fit season , whether seaventh or other number , so neither is the tenth of our goods , but only a convenient subsistence morally due to ministers . the last and lowest sort of thir arguments , that men purchas'd not thir tithe with thir land and such like pettifoggerie , i omitt ; as refuted sufficiently by others : i omitt also thir violent and irreligious exactions , related no less credibly : thir seising of pots and pans from the poor , who have as good right to tithes as they ; from som , the very beds ; thir sueing and imprisoning ; worse then when the canon law was in force ; worse then when those wicked sons of eli were priests , whose manner was thus to seise thir pretended priestly due by force , sam. . , &c. whereby men abhorrd the offering of the lord ; and it may be feard that many will as much abhorr the gospel , if such violence as this be sufferd in her ministers , and in that which they also pretend to be the offering of the lord . for those sons of belial within som limits made seisure of what they knew was thir own by an undoubted law ; but these , from whom there is no sanctuarie , seise out of mens grounds , out of mens houses thir other goods of double , somtimes of treble value , for that , which did not covetousnes and rapine blinde them , they know to be not thir own by the gospel which they preach . of som more tolerable then these , thus severely god hath spoken : esa. . , &c. they are greedy dogs ; they all look to thir own way , every one for his gain , from his quarter . with what anger then will he judge them who stand not looking , but under colour of a divine right , fetch by force that which is not thir own , taking his name not in vain , but in violence ? nor content as gehazi was to make a cunning , but a constraind advantage of what thir master bids them give freely , how can they but returne smitten , worse then that sharking minister , with a spiritual leprosie ? and yet they cry out sacrilege , that men will not be gulld and baffl'd the tenth of thir estates by giving credit to frivolous pretences of divine right . where did god ever cleerly declare to all nations , or in all lands ( and none but fooles part with thir estates , without cleerest evidence , on bare supposals and presumptions of them who are the gainers thereby ) that he requir'd the tenth as due to him or his son perpetually and in all places ? where did he demand it , that we might certainly know , as in all claimes of temporal right is just and reasonable ? or if demanded , where did he assigne it , or by what evident conveyance to ministers ? unless they can demonstrate this by more then conjectures , thir title can be no better to tithes then the title of gehazi was to those things which by abusing his masters name he rookd from naaman . much less where did he command that tithes should be fetchd by force , where left not under the gospel whatever his right was , to the freewilloffrings of men ? which is the greater sacrilege , to bely divine autoritie , to make the name of christ accessory to violence , and , robbing him of the very honor which he aimd at in bestowing freely the gospel , to committ simonie and rapin , both secular and ecclesiastical , or on the other fide , not to give up the tenth of civil right and proprietie to the tricks and impostures of clergie men , contriv'd with all the art and argument that thir bellies can invent or suggest ; yet so ridiculous and presuming on the peoples dulnes or superstition , as to think they prove the divine right of thir maintenance by abram paying tithes to melchisedec , when as milchisedec in that passage rather gave maintenance to abram ; in whom all both priests and ministers , as well as lay-men paid tithes , not receivd them . and because i affirmd above , beginning this first part of my discourse , that god hath given to ministers of the gospel that maintenance only which is justly given them , let us see a little what hath bin thought of that other maintenance besides tithes , which of all protestants , our english divines either only or most apparently both require and take . those are , fees for christnings , marriages , and burials : which , though whoso will may give freely , yet being not of right , but of free gift , if they be exacted or establishd , they become unjust to them who are otherwise maintaind ; and of such evil note , that even the councel of trent , l. . p. , makes them lyable to the laws against simonie , who take or demand fees for the administring of any sacrament : che la sinodo volendo levare gli abusi introdotti , &c. and in the next page , with like severity condemns the giving or taking for a benefice , and the celebrating of marriages , christnings , and burials , for fees exacted or demanded : nor counts it less simonie to sell the ground or place of burial . and in a state assembly at orleans , , it was decreed , che non si potesse essi ger cosa alcuna , &c , p. . that nothing should be exacted for the administring of sacraments , burials , or any other spiritual funstion . thus much that councel , of all others the most popish , and this assembly of papists , though , by thir own principles , in bondage to the clergie , were induc'd , either by thir own reason and shame , or by the light of reformation then shining in upon them , or rather by the known canons of many councels and synods long before , to condemne of simonie spiritual fees demanded . for if the minister be maintaind for his whole ministry , why should he be twice paid for any part therof ? why should he , like a servant , seek vailes over and above his wages ? as for christnings , either they themselves call men to baptism , or men of themselves com : if ministers invite , how ill had it becomd john the baptist to demand fees for his baptising , or christ for his christnings ? far less becoms it these now , with a greedines lower then that of tradesmen calling passengers to thir shop , and yet paid before-hand , to ask again , for doing that which those thir founders did freely . if men of themselves com to be baptiz'd , they are either brought by such as already pay the minister , or com to be one of his disciples and maintainers : of whom to ask a fee as it were for entrance , is a piece of paultry craft or caution , befitting none but beggarly artists . burials and marriages are so little to be any part of thir gain , that they who consider well , may finde them to be no part of thir function . at burials thir attendance they alleage on the corps ; all the guests do as much unhir'd : but thir praiers at the grave ; superstitiously requir'd : yet if requir'd , thir last performance to the deceasd of thir own flock . but the funeral sermon : at thir choise : or if not , an occasion offerd them to preach out of season , which is one part of thir office . but somthing must be spoken in praise : if due , thir duty ; if undue , thir corruption : a peculiar simonie of our divines in england only . but the ground is broken , and especially thir unrighteous possession , the chancel . to sell that will not only raise up in judgment the councel of trent against them , but will lose them the best champion of tithes , thir zealous antiquary , sir hen : spelman ; who in a book written to that purpose , by many cited canons , and som even of times corruptest in the church , proves that fees exacted or demanded for sacraments , marriages , burials , and especially for interring , are wicked , accursed , simoniacal and abominable . yet thus is the church , for all this noise of reformation , left still unreformd , by the censure of thir own synods , thir own favorers , a den of theeves and robbers . as for marriages that ministers should meddle with them , as not sanctifi'd or legitimat without their celebration , i finde no ground in scripture either of precept or example . likeliest it is ( which our selden hath well observd , l. . c. , ux . eb. ) that in imitation of heathen priests who were wont at nuptials to use many rites and ceremonies , and especially , judging it would be profitable , and the increase of thir autoritie , not to be spectators only in busines of such concernment to the life of man , they infinuated that marriage was not holy without their benediction , and for the better colour , made it a sacrament ; being of it self a civil ordinance , a houshold contract , a thing indifferent and free to the whole race of mankinde , not as religious , but as men : best , indeed , undertaken to religious ends , and , as the apostle saith , cor. , in the lord . yet not therefor invalid or unholy without a minister and his pretended necessary hallowing , more then any other act , enterprise or contract of civil life , which ought all to be don also in the lord and to his glorie . all which , no less then marriage , were by the cunning of priests heretofore , as material to thir profit , transacted at the altar . our divines denie it to be a sacrament ; yet retaind the celebration , till prudently a late parlament recoverd the civil liberty of marriage from thir incroachment ; and transferrd the ratifying and registring therof from the canonical shop to the proper cognisance of civil magistrates seeing then , that god hath given to ministers under the gospel , that only which is justly given them , that is to say , a due and moderat livelihood , the hire of thir labor , and that the heave-offering of tithes is abolishd with the altar , yea though not abolishd , yet lawles , as they enjoy them , thir melchisedecian right also trivial and groundles , and both tithes and fees , if exacted or establishd , unjust and scandalous , we may hope , with them remov'd , to remove hirelings in som good measure , whom these tempting baits , by law especially to be recoverd , allure into the church . the next thing to be considerd in the maintenance of ministers , is by whom it should be given . wherin though the light of reason might sufficiently informe us , it will be best to consult the scripture : gal. . . let him that is taught in the word , communicate , to him that teacheth , in all good things : that is to say , in all manner of gratitude , to his abilitie . cor. . . if we have sown unto you spiritual things , is it a great matter if we reap your carnal things ? to whom therefor hath not bin sown , from him wherefor should be reapd ? tim. . . let the elders that rule well , be counted worthie of double honor ; especially they who labor in the word and doctrin . by these places we see , that recompence was given either by every one in particular who had bin instructed , or by them all in common , brought into the church-treasurie , and distributed to the ministers according to thir several labors : and that was judgd either by som extraordinarie person , as timothie , who by the apostle was then left evangelist at ephesus , tim. . , or by som to whom the church deputed that care . this is so agreeable to reason and so cleer , that any one may perceive what iniquitie and violence hath prevaild since in the church , whereby it hath bin so orderd , that they also shall be compelld to recompence the parochial minister , who neither chose him for thir teacher , nor have receivd instruction from him , as being either insufficient , or not resident , or inferior to whom they follow ; wherin to barr them thir choise , is to violate christian liberty . our law-books testifie , that before the councel of lateran , in the year , and the fifth of our henry , or rather before a decretal epistle of pope innocent the third , about , and the first of king john , any man might have given his tithes to what spiritual person he would : and , as the l. coke notes on that place , instit. part , that this decretal bound not the subjects of this realm ; but , as it seemd just and reasonable . the pope took his reason rightly from the above cited place , cor. . : but falsly suppos'd every one to be instructed by his parishpriest . whether this were then first so decreed or rather long before , as may seem by the laws of edgar and canute , that tithes were to be paid , not to whom he would that paid them , but to the cathedral church or the parishpriest , it imports not ; since the reason which they themselves bring , built on fals supposition , becoms alike infirme and absurd , that he should reap from me , who sows not to me ; bee the cause either his defect , or my free choise . but here it will be readily objected , what if they who are to be instructed be not able to maintain a minister , as in many villages ? i answer , that the scripture shews in many places what ought to be don herin . first i offer it to the reason of any man , whether he think the knowledge of christian religion harder then any other art or science to attain . i suppose he will grant that it is far easier ; both of it self , and in regard of gods assisting spirit , not particularly promisd us to the attainment of any other knowledge , but of this only : since it was preachd as well to the shepherds of bethleem by angels , as to the eastern wisemen by that starr : and our saviour declares himself anointed to preach the gospel to the poore , luke . . then surely to thir capacitie . they who after him first taught it , were otherwise unlearned men : they who before hus and luther first reformd it , were for the meanenes of thir condition calld , the poore men of lions : and in flanders at this day , les gueus , which is to say , beggars . therefor are the scriptures translated into every vulgar tongue , as being held in main matters of belief and salvation , plane and easie to the poorest : and such no less then thir teachers have the spirit to guide them in all truth , jo●. . , & . . hence we may conclude , if men be not all thir life time under a teacher to learn logic , natural philosophie , ethics or mathematics , which are more difficult , that certainly it is not necessarie to the attainment of christian knowledge that men should sit all thir life long at the feet of a pulpited divine ; while he , a lollard indeed over his elbow-cushion , in almost the seaventh part of . or . years teaches them scarce half the principles of religion ; and his sheep oft-times sit the while to as little purpose of benifiting as the sheep in thir pues at smithfield ; and for the most part by som simonie or other , bought and sold like them : or , if this comparison be too low , like those woemen , tim. . . ever learning and never attaining ; yet not so much through thir own fault , as through the unskilful and immethodical teaching of thir pastor , teaching here and there at random out of this or that text as his ease or fansie , and oft-times as his stealth guides him . seeing then that christian religion may be so easily attaind , and by meanest capacities , it cannot be much difficult to finde waies , both how the poore , yea all men may be soone taught what is to be known of christianitie , and they who teach them , recompenc'd . first , if ministers of thir own accord , who pretend that they are calld and sent to preach the gospel , those especially who have no particular flock , would imitate our saviour and his disciples who went preaching through the villages , not only through the cities , matth. . , mark . , luke . , acts . . and there preachd to the poore as well as to the rich , looking for no recompence but in heaven : john . , . looke on the fields ; for they are white alreadie to harvest : and he that reapeth , receiveth wages , and gathereth fruit unto life eternal . this was their wages . but they will soone reply , we our selves have not wherewithall ; who shall bear the charges of our journey ? to whom it may as soone be answerd , that in likelihood they are not poorer then they who did thus ; and if they have not the same faith which those disciples had to trust in god and the promise of christ for thir mainten●nce as they did , and yet intrude into the ministerie without any livelihood of thir own , they cast themselves into a miserable hazzard or temptation , and oft-times into a more miserable necessitie , either to starve , or to please thir paymasters rather them god : and give men just cause to suspect , that they came neither calld nor sent from above to preach the word , but from below , by the instinct of thir own hunger , to feed upon the church . yet grant it needful to allow them both the charges of thir jorn●y and the hire of thir labor , it will belong next to the charitie of richer congregations , where most commonly they abound with teachers , to send som of thir number to the villages round , as the apostles from jerusalem sent peter and john to the citie and villages of samaria , acts . , ; or as the church at jerusalem sent barnabas to antioch , chap. . ; and other churches joining sent luke to travail with paul , cor. . : though whether they had thir charges born by the church or no , it be not recorded . if it be objected that this itinerarie preaching will not serve to plant the gospel in those places , unless they who are sent , abide there som competent time , i answer , that if they stay there a year or two , which was the longest time usually staid by the apostles in one place , it may suffice to teach them , who will attend and learn , all the points of religion necessary to salvation ; then sorting them into several congregations of a moderat number , out of the ablest and zealousest among them to create elders , who , exercising and requiring from themselves what they have learnd ( for no learning is retaind without constant exercise and methodical repetition ) may teach and govern the rest : and so exhorted to continue faithful and stedfast , they may securely be committed to the providence of god and the guidance of his holy spirit , till god may offer som opportunitie to visit them again and to confirme them : which when they have don , they have don as much as the apostles were wont to do in prop●gating the gospel , acts . . and when they had ordaind them elders in every church , and had praied with fasting , they commended them to the lord , on whom they beleevd . and in the same chapter , vers. , , when they had preachd the gospel to that citie , and had taught many , they returned again to lystra and to iconium and antioch , confirming the soules of the disciples , and exhorting them to continue in the faith . and chap. . . let us go again and visit our brethren . and vers. . he went thorow syria and cilicia , confirming the churches . to these i might add other helps , which we enjoy now , to make more easie the attainment of christian religion by the meanest : the entire scripture translated into english with plenty of notes ; and som where or other , i trust , may be found som wholsom bodie of divinitie , as they call it , without schoole terms and metaphysical notions , which have obscur'd rather then explan'd our religion , and made it seem difficult without cause . thus taught once for all , and thus now and then visited and confirmd , in the most destitute and poorest places of the land , under the government of thir own elders performing all ministerial offices among them , they may be trusted to meet and edifie one another whether in church or chappel , or , to save them the trudging of many miles thether , neerer home , though in a house or barn . for notwithstanding the gaudy superstition of som devoted still ignorantly to temples , we may be well assur'd that he who disdaind not to be laid in a manger , disdains not to be preachd in a barn ; and that by such meetings as these , being , indeed , most apostolical and primitive , they will in a short time advance more in christian knowledge and reformation of life , then by the many years preaching of such an incumbent , i may say , such an incubus oft times , as will be meanly hir'd to abide long in those places . they have this left perhaps to object further , that to send thus and to maintaine , though but for a year or two , ministers and teachers in several places , would prove chargeable to the churches , though in towns and cities round about . to whom again i answer , that it was not thought so by them who first thus propagated the gospel , though but few in number to us , and much less able to sustain the expence . yet this expence would be much less , then to hire incumbents or rather incumbrances , for life-time ; and a great means ( which is the subject of this discourse ) to diminish hirelings . but be the expence less or more , if it be found burdensom to the churches , they have in this land an easie remedie in thir recourse to the civil magistrate ; who hath in his hands the disposal of no small revenues ; left , perhaps , anciently to superstitious , but meant undoubtedly to good and best uses ; and therefor , once made publick , appliable by the present magistrate to such uses as the church or solid reason from whomsoever shall convince him to think best . and those uses may be , no doubt , much rather then as glebes and augmentations are now bestowd , to grant such requests as these of the churches ; or to erect in greater number all over the land schooles and competent libraries to those schooles , where languages and arts may be taught free together , without the needles , unprofitable and inconvenient removing to another place . so all the land would be soone better civiliz'd , and they who are taught freely at the publick cost , might have thir education given them on this condition , that therewith content , they should not gadd for preferment out of thir own countrey , but continue there thankful for what they receivd freely , bestowing it as freely on thir countrey , without soaring above the meannes wherin they were born . but how they shall live when they are thus bred and dismissd , will be still the sluggish objection . to which is answerd , that those publick foundations may be so instituted , as the youth therin may be at once brought up to a competence of learning and to an honest trade ; and the hours of teaching so orderd , as thir studie may be no hindrance to thir labor or other calling . this was the breeding of s. paul , though born of no mean parents , a free citizen of the roman empire : so little did his trade debase him , that it rather enabld him to use that magnanimitie of preaching the gospel through asia and europe at his own charges : thus those preachers among the poor waldenses , the ancient stock of our reformation , without these helps which i speak of , bred up themselves in trades , and especially in physic and surgery as well as in the studie of scripture ( which is the only true theologie ) that they might be no burden to the church ; and by the example of christ , might cure both soul and bodie ; through industry joining that to their ministerie , which he joind to his by gift of the spirit . thus relates peter gilles in his historie of the waldenses in piemont . but our ministers think scorn to use a trade , and count it the reproach of this age , that tradesmen preach the gospel . it were to be wishd they were all tradesmen ; they would not then so many of them , for want of another trade , make a trade of thir preaching : and yet they clamor that tradesmen preach ; and yet they preach , while they themselves are the worst tradesmen of all . as for church-endowments and possessions , i meet with none considerable before constantine , but the houses and gardens where they met , and thir places of burial : and i perswade me , that from them the ancient waldenses , whom deservedly i cite so often , held , that to endow churches is an evil thing ; and , that the church then fell off and turnd whore sitting on that beast in the revelation , when under pope sylvester she receivd those temporal donations . so the forecited tractate of thir doctrin testifies . this also thir own traditions of that heavenly voice witnesd , and som of the ancient fathers then living , foresaw and deplor'd . and indeed , how could these endowments thrive better with the church , being unjustly taken by those emperors , without suffrage of the people , out of the tributes and publick lands of each citie , whereby the people became liable to be oppressd with other taxes . being therefor given for the most part by kings and other publick persons , and so likeliest out of the publick , and if without the peoples consent , unjustly , however to publick ends of much concernment to the good or evil of a common-wealth , and in that regard made publick though given by privat persons , or which is worse , given , as the clergie then perswaded men , for thir soul's health , a pious gift , but as the truth was , oft times a bribe to god or to christ for absolution , as they were then taught , from murders , adulteries , and other hainous crimes , what shall be found heretofore given by kings or princes out of the publick , may justly by the magistrate be recalld and reappropriated to the civil revenue : what by privat or publick persons out of thir own , the price of blood or lust , or to som such purgatorious and superstitious uses , not only may but ought to be taken off from christ , as a foul dishonor laid upon him , or not impiously given , nor in particular to any one , but in general to the churches good , may be converted to that use , which shall be judgd tending more directly to that general end . thus did the princes and cities of germany in the first reformation ; and defended thir so doing by many reasons , which are set down at large in sleidan , l. , an. , and l. , an. , and l. , an. . but that the magistrate either out of that church revenue which remanes yet in his hand , or establishing any other maintenance instead of tithe , should take into his own power the stipendiarie maintenance of church-ministers , or compell it by law , can stand neither with the peoples right nor with christian liberty , but would suspend the church wholly upon the state , and turn her ministers into statepensioners . and for the magistrate in person of a nursing father to make the church his meer ward , as alwaies in minoritie , the church , to whom he ought as a magistrate , esa. . , to bow down with his face toward the earth , and lick up the dust of her feet , her to subject to his political drifts or conceivd opinions by mastring her revenue , and so by his examinant committies to circumscribe her free election of ministers , is neither just nor pious ; no honor don to to the church , but a plane dishonor : and upon her , whose only head is in heaven , yea upon him , who is her only head , sets another in effect , and , which is most monstrous , a human on a heavenly , a carnal on a spiritual , a political head on an ecclesiastical bodie ; which at length by such heterogeneal , such incestuous conjunction , transformes her oft-times into a beast of many heads and many horns . for if the chu●ch be of all societies the holiest on earth , and so to be reverenc'd by the magistrate , not to trust her with her own belief and integritie , and therefor not with the keeping , at least with the disposing of what revenue shall be found justly and lawfully her own , is to count the church not a holy congregation , but a pack of giddy or dishonest persons , to be rul'd by civil power in sacred affairs . but to proceed further in the truth yet more freely , seeing the christian church is not national , but consisting of many particular congregations , subject to many changes , as well through civil accidents as through schism and various opinions , not to be decided by any outward judge , being matters of conscience , whereby these pretended church-revenues , as they have bin ever , so are like to continue endles matter of dissention both between the church and magistrate , and the churches among themselves , there will be found no better remedie to these evils , otherwise incurable , then by the incorruptest councel of those waldenses , our first reformers , to remove them as a pest , an apple of discord in the church , ( for what els can be the effect of riches and the snare of monie in religion ▪ ) and to convert them to those more profitable uses above expressd or other such as shall be judgd most necessarie ; considering that the church of christ was founded in poverty rather then in revenues , stood purest and prosperd best without them , receivd them unlawfully from them who both erroneously and unjustly , somtimes impiously , gave them , and so justly was ensnar'd and corrupted by them . and least it be thought that these revenues withdrawne and better imploid , the magistrate ought in stead to settle by statute som maintenance of ministers , let this be considerd first , that it concerns every mans conscience to what religion he contributes ; and that the civil magistrate is intrusted with civil rights only , not with conscience , which can have no deputy or representer of it self , but one of the same minde : next , that what each man gives to the minister , he gives either as to god , or as to his teacher ; if as to god , no civil power can justly consecrate to religious uses any part either of civil revenue , which is the peoples , and must save them from other taxes , or of any mans proprietie , but god by special command , as he did by moses , or the owner himself by voluntarie intention and the perswasion of his giving it to god ; forc'd consecrations out of another mans estate are no better then forc'd vowes ; hateful to god , who loves a chearful giver ; but much more hateful , wrung out of mens purses to maintaine a disapprov'd ministerie against thir conscience ; however , unholy , infamous and dishonorable to his ministers and the free-gospel , maintaind in such unworthy manner as by violence and extortion : if he give it as to his teacher , what justice or equitie compells him to pay for learning that religion which leaves freely to his choise whether he will learn it or no , whether of this teacher or another , and especially to pay for what he never learnd , or approves not ; whereby , besides the wound of his conscience , he becoms the less able to recompence his true teacher ? thus far hath bin enquir'd by whom church-ministers ought to be maintaind ; and hath bin prov'd most natural , most equal and agreeable with scripture , to be by them who receive thir teaching ; and by whom , if they be unable . which waies well observd , can discourage none but hirelings , and will much lessen thir number in the church . it remanes lastly to consider in what manner god hath ordaind that recompence be given to ministers of the gospel : and by all scripture it will appeer that he hath given it them not by civil law and freehold , as they claim , but by the benevolence and free gratitude of such as receive them : luke . , . eating and drinking such things as they give you . if they receive you , eate such things as are set before you . matth. . , . as ye go , preach , saying , the kingdome of god is at hand , &c. freely ye have receivd , freely give . if god have ordaind ministers to preach freely , whether they receive recompence or not , then certainly he hath forbidd both them to compell it , and others to compell it for them . but freely given , he accounts it as given to himself : phillip . . , , . ye sent once and again to my necessitie . not because i desire a gift ; but i desire fruit that may abound to your account . having receivd of epaphroditus the things which were sent from you , an odour of sweet smell , a sacrifice acceptable , well pleasing to god . which cannot be from force or unwillingnes . the same is said of almes , heb. . . to do good and to communicate , forgett not : for with such sacrifices god is well pleasd . whence the primitive church thought it no shame to receive all thir maintenance as the almes of thir auditors . which they who defend tithes , as if it made for thir cause , when as it utterly confutes them , omitt not to set down at large ; proving to our hands out of origen , tertullian , cyprian , and others , that the clergie livd at first upon the meer benevolence of thir hearers : who gave what they gave , not to the clergie , but to the church ; out of which the clergie had thir portions given them in baskets ; and were thence calld sportularii , basket-clerks : that thir portion was a very mean allowance , only for a bare livelihood ; according to those precepts of our saviour , matth. . , the rest was distributed to the poore . they cite also out of prosper , the disciple of st. austin , that such of the clergie as had means of thir own , might not without sin partake of church-maintenance ; not receiving thereby food which they abound with , but feeding on the sins of other men : that the holy ghost saith of such clergie men , they eat the sins of my people : and that a councel at antioch , in the year , sufferd not either priest or bishop to live on church-maintenance without necessitie . thus far tithers themselves have contributed to thir own confutation , by confessing that the church livd primitively on almes . and i add , that about the year , constantius the emperor having summond a general councel of bishops to ariminum in italie , and provided for thir subsistence there , the british and french bishops judging it not decent to live on the publick , chose rather to be at thir own charges . three only out of britain constraind through want , yet refusing offerd assistance from the rest , accepted the emperor's provision ; judging it more convenient to subsist by publick then by privat sustenance . whence we may conclude , that bishops then in this iland had thir livelihood only from benevolence : in wch regard this relater sulpitius severus , a good author of the same time , highly praises them . and the waldenses , our fi●st reformers , both from the scripture and these primitive examples , maintaind those among them who bore the office of ministers , by almes only . take thir very words from the historie written of them in french , part. . l. . c. . la nourriture & ce de quoy nous sommes couverts &c. our food & cloathing is sufficiently administerd & given to us by way of gratuitie and almes , by the good people whom we teach . if then by almes and benevolence , not by legal force , not by tenure of freehold or copyhold : for almes , though just , cannot be compelld ; and benevolence forc'd , is malevolence rather , violent and inconsistent with the gospel ; and declares him no true minister therof , but a rapacious hireling rather , who by force receiving it , eats the bread of violence and exaction , no holy or just livelihood , no not civilly counted honest ; much less beseeming such a spiritual ministry . but , say they , our maintenance is our due , tithes the right of christ , unseparable from the priest , no where repeald ; if then , not otherwise to be had , by law to be recoverd : for though paul were pleasd to forgoe his due , and not to use his power , cor. . , yet he had a power , v. , and bound not others . i answer first , because i see them still so loath to unlearn thir decimal arithmetic , and still grasp thir tithes as inseparable from a priest , that ministers of the gospel are not priests ; and therefor separated from tithes by thir own exclusion ; being neither calld priests in the new testament , nor of any order known in scripture : not of melchisedec , proper to christ only ; not of aaron , as they themselves will confess ; and the third priesthood , only remaining , is common to all the faithful . but they are ministers of our high priest . true ; but not of his priesthood , as the levites were to aaron : for he performs that whole office himself incommunicably . yet tithes remane , say they , still unreleasd , the due of christ ; and to whom payable , but to his ministers ? i say again , that no man can so understand them , unless christ in som place or other so claim them . that example of abram argues nothing but his voluntarie act ; honor once only don , but on what consideration , whether to a priest or to a king , whether due the honor , arbitrarie that kinde of honor or not , will after all contending be left still in meer conjecture : which must not be permitted in the claim of such a needy and suttle spiritual corporation pretending by divine right to the tenth of all other mens estates ; nor can it be allowd by wise men or the verdit of common law . and the tenth part , though once declar'd holy , is declar'd now to be no holier then the other nine , by that command to peter act. . . : whereby all distinction of holy and unholy is remov'd from all things . tithes therefor though claimd , and holy under the law , yet are now releasd and quitted both by that command to peter , and by this to all ministers , above-cited luke ; eating and drinking such things as they give you : made holy now by thir free gift only . and therefor s. paul , cor. . , asserts his power , indeed ; but of what ? not of tithes , but , to eat and drink such things as are given in reference to this command : which he calls not holy things or things of the gospel , as if the gospel had any consecrated things in answer to things of the temple , v. , but he calls them your carnal things , v. . without changing thir property . and what power had he ? not the power of force but of conscience only , whereby he might lawfully and without scruple live on the gospel ; receiving what was given him , as the recompence of his labor . for if christ the master hath professd his kingdom to be not of this world , it suits not with that profession either in him or his ministers to claim temporal right from spiritual respects . he who refus'd to be the divider of an inheritance between two brethren , cannot approve his ministers by pretended right from him to be dividers of tenths and free-holds out of other mens possessions , making thereby the gospel but a cloak of carnal interest , and , to the contradiction of thir master , turning his heavenly kingdom into a kingdom of this world , a kingdom of force and rapin . to whom it will be one day thunderd more terribly then to gehazi , for thus dishonoring a far greater master and his gospel , is this a time to receive monie and to receive garments and olive-yards and vinyards and sheep and oxen ? the leprosie of naaman linkd with that apostolic curse of perishing imprecated on simon magus , may be feard will cleave to such and to thir seed for ever . so that when all is don , and bellie hath us'd in vain all her cunning shifts , i doubt not but all true ministers , considering the demonstration of what hath bin here prov'd , will be wise , and think it much more tolerable to hear , that no maintenance of ministers , whether tithes or any other , can be settl'd by statute ; but must be given by them who receive instruction ; and freely given , as god hath ordaind . and indeed what can be a more honorable maintenance to them , then such whether almes or willing oblations as these , which being accounted both alike as given to god , the only acceptable sacrifices now remaining , must needs represent him who receives them much in the care of god and neerly related to him , when not by worldly force and constraint , but with religious awe and reverence , what is given to god , is given to him , and what to him , accounted as given to god . this would be well anough , say they ; but how many will so give ? i answer , as many , doubtles , as shall be well taught ; as many as god shall so move . why are ye so distrustful both of your own doctrin and of gods promises , fulfilld in the expèrience of those disciples first sent : luke . . when i sent you without purse and scrip and shooes , lackd ye anything ? and they said , nothing . how then came ours , or who sent them thus destitute , thus poor and empty both of purse and faith ? who stile themselves embassadors of jesus christ , and seem to be his tithegatherers , though an office of thir own setting up to his dishonor , his ex●cters , his publicans rather , not trusting that he will maintain them in thir embassy , unless they binde him to his promise by a statute law that we shall maintain them . lay down for shame that magnific title , while ye seek maintenance from the people : it is not the manner of embassadors to ask maintenance of them to whom they are sent . but he who is lord of all things , hath so ordaind : trust him then ; he doubtles will command the people to make good his promises of maintenance more honorably unaskd , unrak'd for . this they know , this they preach , yet beleeve not : but think it as impossible without a statute law to live of the gospel , as if by those words they were bid go eat thir bibles , as ezechiel and john did thir books ; and such doctrins as these are as bitter to thir bellies : but will serve so much the better to discover hirelings , who can have nothing , though but in appearance , just and solid to answer for themselves against what hath bin here spoken , unless perhaps this one remaning pretence , which we shall quickly see to be either fals or uningenuous . they pretend that thir education either at schoole or universitie hath bin very chargeable ; and therefor ought to be repar'd in future by a plentiful maintenance : whenas it is well known that the better half of them , and oft times poor and pittiful boyes of no merit or promising hopes that might intitle them to the publick provision but thir povertie and the unjust favor of friends , have had the most of thir breeding both at schoole and universitie by schollarships ▪ exhibitions and fellowships at the publick cost ; which might ingage them the rather to give freely , as they have freely receivd . or if they have missd of these helps at the latter place , they have after two or three years left the cours of thir studies there , if they ever well began them , and undertaken , though furnishd with little els but ignorance , boldnes and ambition , if with no worse vices , a chaplainship in som gentlemans house , to the frequent imbasing of his sons with illiterate and narrow principles . or if they have livd there upon thir own , who knows not that seaven years charge of living there , to them who fly not from the government of thir parents to the license of a universitie , but com seriously to studie , is no more then may be well defraid and reimbours'd by one years revenue of an ord'nary good benifice ? if they had then means of breeding from thir parents , 't is likely they have more now ; and if they have , it needs must be mechanique and uningenuous in them to bring a bill of charges for the learning of those liberal arts and sciences , which they have learnd ( if they have indeed learnd them , as they seldom have ) to thir own benefit and accomplishment . but they will say , we had betaken us to som other trade or profession , had we not expected to finde a better livelihood by the ministerie . this is that which i lookd for , to discover them openly neither true lovers of learning , and so very seldom guilty of it , nor true ministers of the gospel . so long agoe out of date is that old true saying , tim. . if a man desire a bishoprick , he desires a good work : for now commonly he who desires to be a minister , looks not at the work but at the wages ; and by that lure or loubel may be toald from parish to parish all the town over . but what can be planer simonie , then thus to be at charges beforehand to no other end then to make thir ministry doubly or trebly beneficial ? to whom it might be said as justly as to that simon , thy monie perish with thee , because thou hast thought that the gift of god may be purchas'd with monie : thou hast neither part nor lot in this matter . next , it is a fond error , though too much beleevd among us , to think that the universitie makes a minister of the gospel ; what it may conduce to other arts and sciences , i dispute not now : but that which makes fit a minister , the scripture can best informe us to be only from above ; whence also we are bid to seek them ; matth. . . pray ye therefor to the lord of the harvest , that he will send forth laborers into his harvest . acts . . the flock , over which the holy ghost hath made you over-seers . rom. . . how shall they preach , unless they be sent ? by whom sent ? by the universitie , or the magistrate , or thir belly ? no surely : but sent from god only , and that god who is not thir belly . and whether he be sent from god or from simon magus , the inward sense of his calling and spiritual abilitie will sufficiently tell him ; and that strong obligation felt within him , which was felt by the apostle , will often express from him the same words : cor. . . necessity is laid upon me , yea , woe is me , if i preach not the gospel . not a beggarly necessity , and the woe feard otherwise of perpetual want , but such a necessitie as made him willing to preach the gospel gratis , and to embrace povertie rather then as a woe to fear it . cor. . . god hath set som in the church , first apostles , &c. eph. . , &c. he gave som apostles , &c. for the perfeting of the saints , for the work of the ministerie , for the edifying of the body of christ , till we all come to the unitie of the faith . whereby we may know that as he made them at the first , so he makes them still , and to the worlds end . cor. . . who hath also made us fit or able ministers of the new testament . tim. . . the gift that is in thee , which was given thee by prophesie and the laying on of the hands of the presbyterie . these are all the means which we read of requir'd in scripture to the making of a minister . all this is granted you will say : but yet that it is also requisite he should be traind in other learning ; which can be no where better had then at universities . i answer , that what learning either human or divine can be necessary to a minister , may as easily and less chargeably be had in any private house . how deficient els and to how little purpose are all those piles of sermons , notes , and comments on all parts of the bible , bodies and marrows of divinitie , besides all other sciences , in our english tongue ; many of the same books which in latine they . read at the universitie ? and the small necessitie of going thether to learn divinitie , i prove first from the most part of themselves , who seldom continue there till they have well got through logic , thir first rudiments ; though , to say truth , logic also may much better be wanting in disputes of divinitie , then in the suttle debates of lawyers and statesmen , who yet seldom or never deal with syllogisms . and those theological disputations there held by professors and graduates are such as tend least of all to the edification or capacitie of the people , but rather perplex and leaven pure doctrin with scholastical trash then enable any minister to the better preaching of the gospel . whence we may also compute , since they com to recknings , the charges of his needful library : which , though som shame not to value at l , may be competently furnishd for l. if any man for his own curiositie or delight be in books further expensive , that is not to be recknd as necessarie to his ministerial either breeding or function . but papists and other adversaries cannot be confuted without fathers and councels , immense volumes and of vast charges . i will shew them therefor a shorter and a better way of confutation : tit. . . holding fast the faithful word , as he hath bin taught , that he may be able by sound doctrin , both to exhort and to convince gain-sayers : who are confuted as soon as heard , bringing that which is either not in scripture or against it . to persue them further through the obscure and intangld wood of antiquitie , fathers and councels fighting one against another , is needles , endles , not requisite in a minister , and refus'd by the first reformers of our religion . and yet we may be confident , if these things be thought needful , let the state but erect in publick good store of libraries , and there will not want men in the church , who of thir own inclinations will become able in this kinde against papist or any other adversarie . i have thus at large examind the usual pretences of hirelings , colourd over most commonly with the cause of learning and universities : as if with divines learning stood and fell ; wherin for the most part thir pittance is so small : and , to speak freely , it were much better , there were not one divine in the universitie ; no schoole-divinitie known , the idle sophistrie of monks , the canker of religion ; and that they who intended to be ministers , were traind up in the church only , by the scripture and in the original languages therof at schoole ; without fetching the compas of other arts and sciences , more then what they can well learn at secondary leasure and at home . neither speak i this in contempt of learning or the ministry , but hating the common cheats of both ; hating that they who have preachd out bishops , prelats and canonists , should , in what serves thir own ends , retain thir fals opinions , thir pharisaical leaven , thir avarice and closely thir ambition , thir pluralities , thir nonresidences , thir odious fees , and use thir legal and popish arguments for tithes : that independents should take that name , as they may justly from the true freedom of christian doctrin and church-discipline subject to no superior judge but god only , and seek to be dependents on the magistrate for thir maintenance ; which two things , independence and state-hire in religion , can never consist long or certainly together . for magistrates at one time or other , not like these at present our patrons of christian libertie , will pay none but such whom by thir committies of examination , they find conformable to their interest and opinions : and hirelings will soone frame themselves to that interest and those opinions which they see best pleasing to thir pay-masters ; and to seem right themselves , will force others as to the truth . but most of all they are to be revil'd and sham'd , who cry out with the distinct voice of notorious hirelings , that if ye settle not our maintenance by law , farwell the gospel : then which nothing can be utterd more fals , more ignominious , and , i may say , more blasphemous against our saviour ; who hath promisd , without this condition , both his holy spirit and his own presence with his church to the worlds end : nothing more fals ( unless with thir own mouths they condemne themselves for the unworthiest and most mercenary of all other ministers ) by the experience of . years after christ , and the churches at this day in france , austria , polonia , and other places witnessing the contrary under an advers magistrate not a favorable : nothing more ignominious , levelling or rather undervaluing christ beneath mahomet . for if it must be thus , how can any christian object it to a turk , that his religion stands by force only ; and not justly fear from him this reply , yours both by force and monie in the judgment of your own preachers . this is that which makes atheists in the land , whom they so much complain of : not the want of maintenance or preachers , as they alleage , but the many hirelings and cheaters that have the gospel in thir hands ; hands that still crave , and are never satisfi'd . likely ministers , indeed , to proclaim the faith or to exhort our trust in god , when they themselves will not trust him to provide for them in the message wheron , they say , he sent them ; but threaten for want of temporal means to desert it ; calling that want of means , which is nothing els but the want of thir own faith ; and would force us to pay the hire of building our faith to their covetous incredulitie . doubtles , if god only be he who gives ministers to his church till the worlds end ; and through the whole gospel never sent us for ministers to the schooles of philosophie , but rather bids us beware of such vain deceit , col. . . ( which the primitive church , after two or three ages not remembring , brought herself quickly to confusion ) if all the faithful be now a holy and a royal priesthood , pet. . . , not excluded from the dispensation of things holiest , after free election of the church and imposition of hands , there will not want ministers , elected out of all sorts and orders of men , for the gospel makes no difference from the magistrate himself to the meanest artificer , if god evidently favor him with spiritual gifts , as he can easily and oft hath don , while those batchelor divines and doctors of the tippet have bin passd by ▪ heretofore in the fi●st evangelic times ( and it were happy for christendom if it were so again ) ministers of the gospel were by nothing els distinguishd from ▪ other christians but by thir spiritual knowledge and sanctitie of life , for which the church elected them to be her teachers and overseers , though not thereby to separate them from whatever calling she then found them following besides , as the example of s. paul declares , and the first times of christianitie . when once they affected to be calld a clergie , and became as it were a peculiar tribe of levites , a partie , a distinct order in the commonwealth , bred up for divines in babling schooles and fed at the publick cost , good for nothing els but what was good for nothing , they soone grew idle : that idlenes with fulnes of bread begat pride and perpetual contention with thir feeders the despis'd laitie , through all ages ever since ; to the perverting of religion , and the disturbance of all christendom . and we may confidently conclude , it never will be otherwise while they are thus upheld undepending on the church , on which alone they anciently depended , and are by the magistrate publickly maintaind a numerous faction of indigent persons , crept for the most part out of extream want and bad nurture , claiming by divine right and freehold the tenth of our estates , to monopolize the ministry as their peculiar , which is free and open to all able christians , elected by any church . under this pretence exempt from all other imployment , and inriching themselves on the publick , they last of all prove common incendiaries , and exalt thir horns against the magistrate himself that maintains them , as the priest of rome did soone after against his benefactor the emperor , and the presbyters of late in scotland . of which hireling crew together with all the mischiefs , dissentions , troubles , warrs meerly of their kindling , christendom might soone rid herself and be happie , if christians would but know thir own dignitie , thir libertie , thir adoption , and let it not be wonderd if i say , thir spiritual priesthood , whereby they have all equally access to any ministerial function whenever calld by thir own abilities and the church , though they never came neer commencement or universitie . but while protestants , to avoid the due labor of understanding thir own religion are content to lodge it in the breast or rather in the books of a clergie man , and to take it thence by scraps and mammocks as he dispences it in his sundays dole , they will be alwaies learning and never knowing , alwaies infants , alwaies either his vassals , as lay-papists are to their priests , or at odds with him , as reformed principles give them som light to be not wholly conformable , whence infinit disturbances in the state , as they do , must needs follow . thus much i had to say ; and , i suppose , what may be anough to them who are not avariciously bent otherwise , touching the likeliest means to remove hirelings out of the church ; then which nothing can more conduce to truth , to peace and all happines both in church and state . if i be not heard nor beleevd , the event will bear me witnes to have spoken truth : and i in the mean while have borne my witnes not out of season to the church and to my countrey . the end . an abstract of a treatise concerning the payment of tythes and oblations in london shewing the antiquitie of those payments according to the rents of houses : that they were payed by positive constitutions, according to the true value of the houses, ever since the yeare and by antient costome long before : till the quantitie, not the name or nature was altred in time of henry from .s. .d. in the pound, to . s. . d. in the pound as it is now : the liberall maintenance of the clergie of london in former times : the award and proclamation . henry confirmed by act of parliament , hen. : the matters now controverted about double leases, annuall fines, &c. and concerning the jurisdiction ecclesiasticall for tythes of london : a generall survey of the value of the london benefices both as they are now, and also what they might arise unto if tythes were truly payed according to the value of houses : the moderate demands of the clergie, with other matters pertinent to this subject. walton, brian, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) an abstract of a treatise concerning the payment of tythes and oblations in london shewing the antiquitie of those payments according to the rents of houses : that they were payed by positive constitutions, according to the true value of the houses, ever since the yeare and by antient costome long before : till the quantitie, not the name or nature was altred in time of henry from .s. .d. in the pound, to . s. . d. in the pound as it is now : the liberall maintenance of the clergie of london in former times : the award and proclamation . henry confirmed by act of parliament , hen. : the matters now controverted about double leases, annuall fines, &c. and concerning the jurisdiction ecclesiasticall for tythes of london : a generall survey of the value of the london benefices both as they are now, and also what they might arise unto if tythes were truly payed according to the value of houses : the moderate demands of the clergie, with other matters pertinent to this subject. walton, brian, - . [ ], p. s.n.] [london? : . the treatise is attributed to brian walton by halkett and laing. reproduction of original in thomason collection, british library. eng tithes -- england -- history. a r (wing w ). civilwar no an abstract of a treatise concerning the payment of tythes and oblations in london. shewing the antiquitie of those payments according to th walton, brian f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion an abstract of a treatise concerning the payment of tythes and oblations in london . shewing the antiquitie of those payments according to the rents of houses ; that they were payed by positive constitutions , according to the true value of the houses , ever since the yeare . and by antient custome long before , till the quantitie , not the name , or nature was altered in time of henry . from . s . .d . in the pound , to . s . .d . in the pound as it is now . the liberall maintenance of the clergie of london in former times . the award and proclamation . henry . confirmed by act of parliament . hen. . the matters now controverted about double leases , annuall fines , &c. and concerning the jurisdiction ecclesiasticall for tythes of london . a generall survey of the value of the london benefices both as they are now , and also what they might arise unto if tythes were truly payed according to the value of houses . the moderate demands of the clergie , with other matters pertinent to this subject . printed , anno dom. mcdxli . an abstract of a treatise concerningthe payment of tythes and oblations in london . chap. i. a historicall narration of the payment of tythes and oblations from the time of roger niger bishop of london , about the yeare . till the . of henry the . by the custome of london , the parish churches were antiently endowed with certain oblations , viz. one farthing of every ten shillings rent of all houses , shops , &c. to bee offered by the parishioners upon every sunday , and upon every solemne and double feast , especially and by names of the apostles whose eeves were fasted : which offerings comming to more then a tenth part of the rent , were payd in lieu of prediall tithes of the houses , and in recompence of the want of gleabe , as appeares at large by lindwood and by other records hereafter mentioned . the citizens neglecting to pay the said offerings or tythes to their owne curates , and giving part thereof to the dominicans and franciscans , who were lately come over and began to preach heere , and draw people after them , a constitution was made about the yeare . by roger niger bishop of london ( authoritate ordina●ia ) commanding all to pay to their owne curates , as is before expressed , et prout lo●ge retroactis temporibus consuetum extiterat . after this when rents increased , the citizens refused to pay , if the rent came to above . s. per annum , pretending that no more was intended by nigers constitution . whereupon a constitution was made by thomas arundell archbishop of canterbury , declaring the ●ormer , viz. that they should pay the said offerings or tythes to whatsoever summethe rent should amount ; and this sub paena majoris excommunicationis . these constitutions were confirmed by pope innocent the th in his bull dated in may . et pontificatus anno secundo , and all defects supplyed , if any were . after this the citizens pretending a copie of roger nigers constitution ( which was adjudged afterwards to bee spurious ) would pay onely on sundayes , and the apostles dayes , not on the other solemne and double feasts ; whereupon robert wright of st. edmunds lumbard-street was cited before the ordinary , and sentence given against him , and upon appe●le , first to the popes commissary , and after to the pope himselfe , the sentence was twice affirmed , and upon the letters of king henry the . pope nicholas the . sent out his bull commanding the citizens to pay upon all the said feasts , authorising the ordinaries to enquire hereof at the visitations and to curse the offenders , . idus aug. & pontif. anno . the same yeare before the bull was received , an award or composition was made by eight arbitrators , wherein some dayes are left out which are appointed by the bull , the whole offering in . sundayes and . holidayes , amounting to . s. j. d. in the pound , which award was agreed by act of common councell , . h. . after this ( by act of common councell ) the citizens bind themselves in all things to obey the bull of pope nicholas , according to which they payed for so many dayes that the tithe or oblation amounted to . s. . d. in the pound , . d. in the noble , . s. . d. in the halfe pound , and not long after in regard it was troublesome to offer every day in time of divine service , by mutuall consent the same was payed either once at easter , or quarterly by the name of oblations or tythes , ●s appeares by the decimary of st. magnus anno , about . hen. . in the booke of common customes , and by sundry suites and sentences in the arches , and by the bill of the parsons exhibited to the common counsell . hen. . remaining on record in the guild-hall , and by records of a suite in starre-chamber . hen. . upon occasion of sentence gi●en in the arches , . hen. . against robert hearne of st. mildreds poultry for . d. in the noble , the citizens complaine in common counsell , that the curates tooke above the rate appointed by the bull , viz. . d. in the noble , whereas they should have nothing , unlesse the rent came to . s. and so ascending from ten shillings to . s. and not under , and also they sent bills to every church , shewing what dayes should bee paid for , according to which computation of theirs the tythes came to . s. . d. in the pound , which was . d. lesse then formerly , & they order that nothing should be pay'd for any summe vnder . shillings , and desire that the bull may be published in english times a yeare , as was pr●scribed , & had bin disused , an. . h. . when the popes power was abrogate , some citizens pretending they should runne into a premunire , by obeying the bull ; refused to pay either according to the bull , or to any former constitution or custome , and put up a bill in star-chamber against some parsons that sued in the spirituall court , praying that they might pay onely two shillings in the pound ( as other parishes without the liberties did ) in which suit after publication , both parties submitted the cause to the lords , who ordered the tythe to be onely s. . d. in the pound , and d. ob . in the halfe pound , dividing the controverted summe viz. . d. per pound , by abating . d. of what the clergy would have , and adding d. more then the citizens could have paid . this order was confirmed by the kings letters pattents , apr. . . hen. . and by proclamation upon paine of fyne and imprisonment , at the kings pleasure , and by divers acts of common counsell made the same yeare , and remaining upon record in the guild-hall . the same was confirmed by act of parliament . hen. . to continue till some other order should be made by the persons to be chosen for reforming ecclesiasticall lawes ; and by this act the major hath pow●r to commit such citizens , as refuse to pay according to such order . according to this order , divers sentences passed in the e●clesiasticall courts , upon emergent controversies of one for the parson of st. dunstans last , for tythe of wharfes and c●anes , which sentence was given in the arches . h. . by a doctor of law , especially delegated from the king . another for tythe of shops , divided from houses , for the parson of st. magnus in the same court . anno . h. . new controversies arising about brew-houses , dy-houses , cranes , &c. a bill was put up in parliament by the city , which passed the commons , but was stayed by the lords , containing among other things , that for new buildings , no tythes be payed , so long as the owner lived therein himselfe ; but if they were let out , then to pay the tythe as other houses : and that all tythes should be recovered by processe in the spirituall court , or action of debt at the common law , and no otherwise . anno . hen. . for composing all differences , an order or award was made by certaine lords , which is the decree now in question , and an act of parliament passed , that such order as the lords referrees , or any of them should make before the first of march then next following , and enrolled in chancery , should stand as an act of parliament , & bind the said p●rties , their heires and successors for ever . this decree was made by the lords , feb. , . which was delivered the next day to the bishop of london , who the s●me day caused his register to endorse an act on the back side thereof , testifying his receit thereof from the lords , and his comm●nd to the register to keepe it safely , causing divers persons to attest the same . this last decree or award is now extant among the statutes , but the order of . h. , and the procl●mation therupon , which are still of as much force as the other , and more beneficiall to the clergie , being not extant in print , are hereafter added , taken out of authentick records . after this in the time of king ed. . the citizens still neglecting to pay their tithes , order was given by the k. & his counsell to bi. bonner among other instructions , when he was appointed to preach at pauls crosse , to cause the citizens to pay their tythes better . aug. . . ed. . as appeares in fox his monuments , fol. . vol. . col. artic. . after this , about the middle of q. eliz. raign , the rents of houses being inhanced , as the pric●s of all other things were , divers devices were found out , to prevent & defraud the parsons of their tythe , * of which grievances they have often complained , and by these meanes are so many of the beneficies so poore , as we shall shew cap. ult. . chap. ii. the liberall maintenance of the clergie of london , before the . of hen. . by tythe of . s. . d. in the pound , according to the true value of houses , the cheapnesse of those times , conscientiousnesse in paying pe●sonal tythes , duties of weddings , burials , churchings , &c. chauntries , obits , &c. wee see then the nature of these payments . now that it may appeare how well the parochial clergie of london were provided , for in former times , in comparison of ours ; wee may consider these particulars . that the citizens payed their tythes according to s. . d. in the pound , and that according to the true value of the houses ( prout locari poterant ) as it is in the bull of pope nichol●s , and in the award of . h. . above mentioned . now if the payment of . s. . d. be thought so much , if it should bee truely payed without fraud , that nothing is more o●jected , then that the ministers would have too much , and be too rich ; what thinke they of . s. . d. in the pound , which was duely paid , as will bee made cleare with out any contradiction ? hence it is in part : that the benefices in london came to be so highly rated and valued in the exchequer , some at . marks some at . pound , and upwards , divers at . and . pounds : and few und●r l. or thereabouts , when as yet the tythe of divers of them , is not at this day above l. or l. and some scant so much in present ●ythes , as they were then taxed ; and whereas other livings in the country are generally improved ( where they are not kept downe by unconscionable customes , or modi decimandi ) since the said valuation , according as all other things are to . or . times as much , yet divers benefices within the walls of london , are scarce doubled in tythes since that time : yea some have stood at a stint ever since , and are hardly so much , as they were then . that one penny then , was as much as . d. is now ; as appeareth by the statute ●● . h. . whe●e a penny is the part of an ounce , ●ince which time from d. the ounce it was reduced to d. . ed. . to . d. in hen. . to . d. in the . ed. . to . d. . hen. . and to . d. . eliz. which continues to this day ; and so by that account . s. . d. in the pound then , was as much as s. d. of the money which is now payed , though the finenesse of the coyne , did then also exceed ours , besides the low pri●es of victuals , and all other necessaries , which came so far short of the enhanced prices in these times , that d. then would goe farther , not onely then d. of our mony ( which it equalled in value ) but farther then s. now , as will appeare if we looke at the price of corne and other victuals in those times , which we find mentioned in credible records . in the said act of parliament in . h. . which was anno . somewhat after roger nigers time ; made for the assize of bread , and of beere , and ale , for bakers and brewers , are mentioned the prices of wheat , barley and oates : and provision is made that when a quarter of wheat , containing bushels , was at d , what the assize of bread should be , and so from d. to s. which was then supposed the highest prices that it could at ●ny time amount unto , as that some times it was but d. a quarter . it is also there ordered , that beere and ale should be sold in cities and townes , according to the prices of barley and oates two or three gallons a penny , and in the country three or foure gallons for a penny ; whereas now , the ordinary price of wheate is foure s. a quarter , and sometimes in deare yeares l. or l. a quarter , and beere and ale sold at farre greater prices ; according to the prices of corne , wee may conceive were the prices generally of other things , as beeves , muttons , &c. there is in the exchequer a booke called the black booke , composed . hen. . anno . about rules and orders in the exchequer , and among other things there is mentioned , that for provision of the kings houshold from the time of hen. . the officers of the houshold reducing their victuals to an estimate of money , did value a measure of wheat to make bread for . men at d. the carcasse of a fat oxe at d. a fat sheepe at ▪ d. and for the provander of horses d. during the most part of the raigne of that king henry , a quarter of wheat was sold for d. after this , in the yeere . when ●h●re was a great dearth , by act of common counsels . ed. . these pr●ces were set on victuals , by consent of the king and nobility ; which were then counted very high prices . a fat cock . d. ob . a fat capon . d. ½ . two pullets . d. ob . a fat lambe from christmas to shrovetid● . d. all the rest of the yeare . d. and in the yeare . in . ed. . to moderate the extreame rates of all , these were appointed by act of parliament : a corne-fed oxe . s. a fat stall'd cow . s. another . s. a grasse-fed oxe . s. a fat mutton . d. a fat goose . d. ob . a fat capon . d. . egs d. &c. after this , anno . in . rich. . a bushell of wheat was at . d. a gallon of white wine . d. of red . d. anno . rich. . which was in the yeare . at leicester , . quarters of barley were sold for . s. anno . and . hen. . a quarter of wheate was sold for . d. or . ● . one farmer dwelling at rosey towne , or cruse rosey in hartfordshire , sold quarters of the best wheat for s. yea in later times , if we come lower , even in the time of hen. . when prices were farre higher then before , at the sergeants feasts at ely house anno . h. . ( as stow relates ) great beeves brought from the shambles , were at s. d. a peece , the encrease of an oxe . s. a fat mutton . s. . d. &c. and to come lower and neerer yet mariae a barrell of beere was sold for . d. cask and all , and . great loafes . d. and ●mariae anno , a quarter of wheat was sold for . s. according to which cheapenesse of the times , were all fees , wages , and salaryes ; a knights fee or sufficient livelihood for a knight was so much land as was worth . l. per annum , as cooke proveth out of the statute of . edw. . de militibus , and of westminster . cap. . and fitzherbert nat. brev. fol. . where he tels vs that antiquity thought markes per annum competent maintenance for a baron and l , per annum , ad sustinendum nomen & onus of an earle , and of late time saith he marks per annum was thought sufficient for a marquesse , and l. per annum for a duke . see cooke upon littleton , lib. . cap. . sect. . and in later times . l. per annum , was thought fufficient for a knight , as appeareth by the statute still in force , whereby the king may compell any one of such estate to be knighted , or else to fine , as sir thomas smith relates de repub. angl. lib. . cap. . i have read in a booke of church accounts belonging to st. gabriel fenchurch of counsellors fees about some land ; amongst other things . item , paid to mr. recorder of london for his fee . d. * all which fees wee know are now much encreased , and some times doubled , yea the wages of the scavenger or kennell-●aker within our memory have been doubled or trebled , to what they were before . according to these prices the livings in london were very great and the clergie of that city answerable to their parishioners in ability , and as the citizens were and are the wealthiest in the kingdome , so the clergie had their estates answerable . the benefice of st. magnus in london none of the greatest parishes , yet as appeares by the printed booke of the common customes of london , in this yeare which was in the . of hen. . as it appeares by the particulars , was in all l. . s. . d. of which is as much or more then it is now in tythe , which summe in those times i dare affirme all things considered , would have gone as far to maintain one as or l. per annum , now & that a man might have lived as plentifully then with . as now with . or l. which if it should be demanded or expected would be thought vn●e●sonable . so then by this tythe out of houses , the maintenance of the clergie of london was great in comparison of those times , when the labour is many times doubled ; what was then required , but to say masse , which w●s an easie worke , p●eaching was little vsed vnlesse i● lent or towar●s easter , whereas now by law or custome , besides all other priestly duties , they must preach not quarterly or monethly , but weekely or oftner , or else be accounted dumbe dogs , one sermon requiring more paines and labour then the reading of . masses , which required some paines of the tongue but little or no study of the braine at all . . that besides the former tythe which was in some sort prediall , they paid also personall tythes of their cleer gaines as appeares by the award bill above mentioned , . h. . and by the decimary of st. magnus , and by lindwood in the place alledged , who disputes the case whether the citizens were free from personall tythes , by paying these tythes of houses , and concludes negatively , all which personall tythes are now quite disused , and if they should be demanded they would cry out as they did of christ , that we come to torment them before their time , and would rather with the gad●rens beseech vs all to depart their coasts then put them to such charges , and considering the consciousnesse of those times , this revenue must needs be great , and would have amounted to more i dare say , then most of the livings are at this day . that the people made great conscience of paying their tythes & all duties in those dayes , and so payed them truly and fully . hence it was that in their wils and testaments , something was alwaies bequeathed to the priest , or to the high altar , which came to his vse , in liew of tythes pretermitted or forgotten , as may be seene in all old wils , whereas now so farre some be from restitution , that when they are to leave the world , even then they take order in their wils to defeate their ministers , as i have seene some testaments , wherein to prevent the parsons tythe , the testator hath bequeathed certaine houses to be yearely let out at some small yearely rent , and the residue to be reserved in yearely fines for ever , which for what end it was done , any man may easily judge . that besides tythes personall and praediall , there were many other duties , amounting to as much , and in some places to more then the tythe doth at this day , all which are now taken away as chantryes , obits , mortuaries , offerings to shrines , voluntary oblations , &c. which chantries were sometimes founded in perpetuity , endowed with lands for ever , some others for certaine time as appeares by the donnors wils yet extant , and alwaies beneficiall to the parson of the church , who was sometimes solely endowed , and sometimes with the wardens , more of which chantries there were in london , then anywhere else , where scarce any church but had one , and some three or foure . i could instance in some small parish churches in london , where the tythe is not above . l. when as the chantry lands belonging anciently thereto , taken away by the statute of . edward . are at this day worth l. or l. per annum . the offering to the jmage of the virgin mary at st. magnus by london bridge was worth . markes per annum . hen. . as appeares by the decimary aforesaid ; how commonly were masses then sold to deliver soules out of purgatory , besides the foure offering dayes , vsed all over the kingdome , which are now come to . d. at easter . how many voluntary oblations did people then give , few of any ability appearing at any time emptie handed ; but now men will come with the wise men to worship christ , yet they are growne too wise to open their treasures , and offer to him : what the duties or payments were anciently for burials , weddings , and churchings , we may conjecture by that schedule annexed to the bils which was put up in starre-chamber by some citizens , . hen. . wherein though many impertinencies and vntruthes be alleaged , yet we m●y out of their mouthes convince those , who vse to object the casuall duti●s now taken , as great exactions , lately brought up , and not anciently practised . duties anciently paid to the parson or curate for weddings . . there is laid upon the booke after the custome . l. s. d. . in the two tapers at masse . . in the taper at the latter end of the masse going to the font . . the whole offering at masse belongs to the parson , unlesse the parties compound for it , giving sometime . s. or . s ; or . s. . d. or more . . if any will be married before the high masse they pay . d. or . d. or . s. . for a certificate when a man dwels in another parish he payes . s. or . d. or . d. for burials . . if the party be buried vnderstoole . s. or more , and every priest in the church . d. or more , else they doe not sing him to his buriall . . at every moneth mind yeares , or obite , the curate hath . d. or . d. l. s. d. and every priest in the church . d. or . d. . all the tapers and waxe brought into the church , with the coarse if they be vnder a pound .       . all the branches of white waxe if any be brought in with the coarse , which branches cost . s. . d. some . s. some . s. . d. and some pay more . . for privy tythes . d. . d. . s. . s. . s. or more . . to the high altar as much for personall tythe . . if any be buried out of his owne parish , the coarse must be first presented in his owne church , and dirge and masse kept as amply , as in the place where it is buried .       . for the buriall in the chancell or high quire . s. or . s. . d. or . s. . for churchings . . for every sunday when the woman lyes in for saying a gospell . d. or . d. at the purification of custome in the taper . d. with the chrysome and the whole o●fering by all the women at masse . if any man would have his friends prayed for in the bead-roll , the curate hath by yeare for every one . d. or . d. l. s. d of mens wives , children and apprentises for their communions at easter for every head . of all servants that take wages , the . part of their wages for the privie tythes , and for their housell at easter . at all principall feasts , as candlemas , all soules day , creeping on the crosse , good friday , easter day , in confessions at lent , and other times of the yeare of the patrons of the church , divers offer some waxe , some money , which comes to the parsons vse .         l. s. d. where a saints image stands without the quire , to which a brotherhood belongs , the wardens of the brotherhood compound , some for s. d. s. s. d. or more per annum , to have the brotherhood kept in the church . for sealing a lease of a house belonging to the church s. s. l. l. or more . these duties although the citizens complained off in starchamber , togetherwith the tythes , yet the lords referrees as it seemes , saw so little reason to alter any one of them , that although they abated the tythe to s. d. in the pound , yet they let those duties remaine as they did . that the recovery of tythes was easie in those dayes , for ordinaries were appointed in their visitations to enquire of the detainers , and to curse the offendors ; as appeares by pope nicholas his bull , and if any did sue , the cause was heard summarily , sine judicii strepitu , no such delayes and chargeable suites as now , were then knowne , unlesse in some speciall case that concerned the whole city . all these things considered , shew how liberally the clergie were then provided for ; although they had not , nor could have the charge which many now have , being then by law prohibited to marrie , nor was their paines comparable to that which is now expected and required . but no● all is cleane inverted , in stead of s . d . according to the true value of houses , there is not paid . s. . d. no not pence in the pound throughout the citie , take one house with another ; as for personall tithes , they are things unknowne , not onely obits and chantries abolished as superstitions , but also mortuaries and voluntary oblations quite gone , and the recovery of that little tithe which is left ( if any deny to pay it ) so beset with difficulties , that the most are glad to take any thing they can get , nor doth any one parish , one of twentie pay him tithes according to any rent , either old or new , but some small summe such as the parson and he can agree upon . chap. iii. the decimarie of st. magnus london , with the rents and tithes of every house , according to the rate of s. d. in the pound , with the other duties for burials , and christnings , weddings , &c. taken anno . hen. . and about that time printed . now that it may the better appeare both what rents were paid about those tithes , and also how the tythe and offering was paid accordingly ; wee have thought good to set downe the decimarie of st. magnus , london , as is extant in the said booke of common customes ; wherein every mans rent then paid is set downe , and withall the tithe or offering which was paid exactly according to the said rate of three shillings sixe pence in the pound , one shilling d. in the halfe pound , and . d. in the noble , taken ( as appeares there in the yeare . ) which was in the . of hen. . and about yeares after the bull : and published by a citizen . the value and stint of of the benefice of st. magnus at london bridge , yearely to their parson . the reckoning of the same the first day of december , anno domini .   rent . tythe offering .   l. s. d. l. s. d. ed● . bellow . hen : somer . tho : cooper . — heyman . richard arnold . iohn ball , henry can. iames rudston , william gardiner . roger mayd , thomas farning huntley , iohn young , william mott , peter scott , robert vincent , iohn hum●rey , tokas , thomas blount , symkin newton , iohn temple , iohn wilford , iohn palmer , ob william clerk , thomas horwood , william alye , thomas knolling , mr. bull , robert seton . william hadwele , mr. stockton , iohn gregory , thomas britt thomas mattr , gilbert forman , walter boswell , richard white , william steed , iohn hasteler , richard borne , richard watron , richard franklin , . richard aliff . re●nald iames , william roming , richard gariner , rich : gardiner , henry thomson , thomas morton , richard iames , iohn rolchant , william vveller , iohn ford , iohn adam , william blanck , iohn ford , iohn adam , william blanck , iohn browne , — holinby , iohn calker . iohn etton , simkin mott , henry sander , iohn slingsbie , iames walker , nicholas hill , andrew austen , bartholm : dwele , will : ●●uringfield , william grin , iohn has●ilar , iohn iarret , richard clerke , . robert la●be , stephen we●●ou ▪ iohn , alkin , richard hayell , thomas petite , william dekin , henry crechin , thomas burget , iohn farmar . kichard ieffrey , thomas elven , henry bube , iohn chawbes , robert blake , ech. wife , ech. wife , baldwin hawkins , iohn hawkins , thomas ladall , thomas brooke , william pawley , william bowar , william bowar , sol : wife vvilliam barre , iohn peirson , iohn barbary , marion gregory , kobert bartiles , mrs. newman , richard hill ▪ william lawrence for a house of i. r. roger , the same r. for a flaxe shop . iohn pye , richard knyt , richard gough , richard mathew , gregory stot . alexand : perpoint , iohn ben , iohn ben for a watring place . the same for a cellar , iohn trowth , iohn alman , iohn turke , iohn kirby , philip se●er , ed. garrard , thomas lyon , nic. morton , william ramsey , thomas dolphin , william atkinson , iohn smith , iustin wife , william hop , richard cockis . summe of all the rent is : l. s. d. . the summe of the offerings . l. s. d. . ob . the shops in bridge-street . thomas lidall for two shops . l. s. d. l. s. d. iohn thornton , gregory stot , william panley , richard knight , thomas legg , henry shotford ,   rents , tythe or offerings .   l. s. d. l. s. d. iohn palmer , thomas gasley , riehard cox , iohn austen , ●●hn turk , iohn sepman , vvilliam ramsely , the same vvilliam , thomas brooke . the summe of the rent of the shops . l. s. d. . the summe of the offerings for them . l. s. d. . item , the parsonage valet . . . item , the image of our lady at the bridge valet . l. s. d. . . vveddings , burials , puri●ications , crysomes , and privie tythe . summe of this part . summe of the whole revenues . ● . these be the costs and charges belonging to the same church of st. magnus .   l. s. d. first , the priests wages . for waxe to the high altar . for the pension of the same . for washing of altars on munday , thursday . for frankinsence . some of the charge so the summe of the cleare value of the benefice was this yeare . ½ . in this rentall of st. magnus wee may observe . . that the rents were not then kept secret or unknown , but notorious , and that the rent and tythe still agreed together ; wheras now scarce any one house in a parish , payes tithes according to any rent new or old , because the rents are kept secret . . that tithe was paid according to the full and extended rents of those times ▪ which were the true value of the houses , for we find rents of l. x l. l. l. l. per annum , which were as high rents as l. . l. l. are now , and divers shops let at l. l. nobles , x l. which was without doubt , the utmost value in those times . that where the old summes were lesse then a noble , they paid according to the proportion of d. in the noble ; custome it seemes prevailing therein , as peter scots , hous● , whose rent is . l. . s. . d the offering was . ● . . d. where . d. is for the odd tenne groates , and iohn palme●s whose rent is . shillings , the offering s. . d. ob . where for the 〈◊〉 pound is . s. . d. for the two nobles s. d. and for the odde d. d. ob . which is all s. . d. ob . . that they paid tythe then for shops and al , as well as dwelling houses , though divided from dwelling houses , which many citizens afterwards would have had exempted , as appeares by a suit in the arches . hen. . and many now exempt them under other names , calling their shops sheds , stalls , or standings . . that privie tythes , and duties for burials , weddings , and churchings were then paid , besides this s. . d. in the pound , and therefor● are no new devices of the present rectors , as some have said , for there we see , they come to a good summe , per annum , viz. . l. . s. . d. which alone would have maintained a parson , aswell then as l. now , which few of the london livings are now worth . chap. iv. the award and proclamation for the s , . d. in the pound , . henry . confirmed by act of parliament , . hen. . how the tithe came from . s. . d. to . s. . d. in the pound , wee shewed in the first chapter ; now because the award and proclamation there mentioned , are not extant in print , & yet are in force by act of parliament , . hen. . i have thought fit to adde them here . the coppie of the kings letters pattents , wherein the award is recited and confirmed . henry by the grace of god king of england , and of france , defendor of the faith , and lord of ireland . to our trusty and welbeloved , the major , aldermen , and sheriffes of london , and to every of them greeting . whereas variances betweene the parsons and curates of our city of london , on the one party , and our loving subjects the inhabitants of the same our city of the other partie , for and concerning tythes , oblations , and other duties , hath long depended , indiscussed , and being lately compromitted by both of the said parties to the arbitrement of the most r●verend father in god , thomas archbishop of canterburie , primate and metropolitan of england , and to our right trustie , and entirely beloved cosen , sir thomas awdely knight , our chancellor of england , and to our right trustie and welbeloved counsellor , the bishop of winchester , thomas cromwell esquire , master of our iewells , and our two chiefe iustices of either bench , who travelling herein , have taken this order to bee kept , at this holy time of easter . that is to say , that every our subjects shall pay to the parson or curate where hee inhabiteth , after the rate of two shillings nine pence in the pound , and sixteene pence ½ in the halfe pound , and so alwayes ascending from halfe pound to halfe pound . and also that mens wives , their servants , children , and apprentices , taking and receiving the holy sacrament , shall pay every of them for their foure offering dayes , two pence , and this to be done quietly and charitably without grudge , or murmure , at this holy time of easter , till such time as our said counsellors , shall finally and definitely end and determine the variance for this and all other causes depending betweene the said parties , as to right , equitie , and good conscience shall appertaine . vvee therefore will and command you , and every of you , to signifie to all our loving subjects in every parish in our said citie : that our pleasure is , that they , and every of them shall obey , observe , and performe at the holy time of easter , the order of the said counsellours in forme above rehearsed , without contradiction hereof in any behalfe , declaring to them that their so doing shall not turne , nor be alleadged to their prejudice , hurt or dammage , in and vpon the finall conclusion of all the said variances , to the definitive arbitrement whereof our said counsellors intend ( god willing ) to proceed with all speed , and diligence , after the said feast of easter : and if any contemne the order of our said counsellors in this behalfe , wee will then , if after honest monition , hee refuse so to doe , hee be committed to ward safely to be kept , till our further pleasure be knowne in this behalfe , not failing this to doe , as ye intend the advancement of iustice and quietnesse of our people . in witnesse whereof , wee have caused this our letters to be made pattents . vvitnesse our selfe at westminster the second day of aprill , the . yeare of our raigne . caillor . ex tract. per robert . michel . deput. com. cleric . civitat . london . a proclamation concerning payment of tythes and oblations , as well within the city of london , or elsewhere within the realme . the kings most excellent majesty , having perfect knowledge , and understanding , that aswell his loving subjects , citizens of the city of london of the one party , as the parsons and curats of the churches of the said city of the other party , by their mutuall assents , compromitted themselves to stand to , abide and performe , the order , decree , and arbitrement of his right trusty , and right entirely beloved counsellors : the most reverend father in god , thomas archbishop of canterbury , metropolitan and primate of england , thomas awdeley lord chancellor of england . the reverend father in god , steven bishop of winchester , thomas cromwell esquire chiefe secretary to the kings highnesse , and mr. of the rolls . iohn fitz-iames knight , chiefe justice of pleas , to be holden before the kings highnesse , and robert norwich knight , chiefe justice of the common ●ench , in and upon the debate , and variance that was moved betweene the said parties upon the rule , and certaintie of tythe offerings ▪ and other duties claimed by the said par●●n and curats to be payed by the kings said subjects , the citizens of his said citie . whereupon the said counsellors of our said sover●ine lord by great advice , and delib●ration , by one accord , and assent among other t●●n●s have ordained and decreed , that every the kings said subjects , citizens and i●h●bit●n●s of his said city , should from the time of their award and decree , pay for their tythes d. ob . for every s. of the house ●ent , ●nd for every s. s. d. and so accounting and ascending alwayes by ten shillings , should pay for every ten shillings , after the rate of d. ob . and not above : and yet neverthelesse , the kings highnesse is informed , that divers , and sundry persons which inhabit within his said city , not onely refuse to pay the said tythes according as is limitted by the said counsellors ; but also that many of the said citizens , and of other the kings subjects , inhabiting in sundry parts of this realme , grudged , and murmured , to pay their tithe offerings , and o●her lawfull duties to the parsons , vicars , and others having cure of their soules , like as heretofore by the lawdable customes of this realme they have done and beene , accustomed to doe and obs●inately , and wilfully withdraw and detaine their said duties against justice , equitie , reason , and good conscience , to the great perill of their soules . for reformation whereof the kings said royall majesty being the supreame head on earth , under god of the church of england minding and intending to maintaine and sustaine the honour of god , and the godly observances , and ●ightfull duties , customable , and by lawdab●● custome due to the ecclesiasticall ministers of t●e church of england , in as large and ample manner , as heretofore hath beene lawdable and honourablie used within this realme . doth therefore by his present proclamation straightly charge and command , all and every his said subjects of his said city , to satisfie , pay and content , their parsons , vicars , and others having cure of their soules , in the name and liew of their tythes , after the rate above expressed , and limitted by the kings said counsellors . and tha● all such of his said citie as pay lesse of ye●●●ly farme then ten s●illings , and all and every other person , and persons , men , women , or children , which doe inhabit the said city ( being of age to receive the blessed sacrament of the altar , the erronious doctrine of transubstantiation was not then abolished ; the very bodie of our lord iesus christ ) shall pay yearely for the foure offering d●yes d. ( the housholders inhabiting within the said city , paying above the yearly rent of x s. onely for their owne perso●s excepted , and to be discharged of the . d. for the s●id foure offerings . ) and over this , his highnesse straightly chargeth and comm●nds , that all and every other his subjects , in all other parts of this his realme , shall pay and content to the parsons , vicars , and other the ministers of the church , and having cure , such tythes , aswell praediall ; as personall offerings , and other duties , which by the lawdab●e customes of the realme , they heretofore have been obliged , accustomed , and bound to pay , without detaining any p●rt thereof , and without further denial , contradiction , molestation , or trouble in that behalfe ; upon paine that every person offending this his gratious proclamation , is to have imprisonment , and to m●ke fine at his gratious pleasure , and over , that the off●●dors shall runne into his highnesse disp●ea●u●e , ●nd indignation : and his majestie also ch●rges and commands , aswell all and singular archbishops , bishops , and all others having ecclesiasticall jurisdiction ; as all a●d singular majors , sheriffes , bayliffes , aldermen , and all other his ministers true leigemen and subjects , aswell of this city of london , as else-where within this realme , that they and every of them , put their effectuall endeavours for the due execution of this his proclamation from time to time , as to them shall appertaine , upon the paines above rehearsed . god save the king . thomas berthelet regius impressor excudebat . cum privilegio . the date of this proclamation is not expressed , but it appeares to have bin presently upon the award in the same yeare of his reigne : for it must needs be after the award which it r●cites , and confirmes by the act of parliament in the yeare , wherin it stands confirmed , it appears to have bin before easter , . which was towards the la●ter end of the yeare of his reigne . in this award and proclamation , onely the qu●ntity of the tythe is altered from s . d. to s. d. in all other things , the former customes and constitutions are left in force , so that if formerly the rates were paid according to the true value of houses , and recovered before the ecclesiasticall iudge , as certainly they were , the same course was to be observed still , as appeares by the suites and sentences in the arches , here mentioned before . chap. v. concerning the meaning of the decree of . hen. . that tythe is due according to improved rent , if reserved by that name of rent , granted by the city counsell . the case of double leases , annuall fynes , arguments on both sides . answers to the legality , and convenience of paying according to improved rent : a briefe survay of the livings , as they now are , and they could arise unto according to the value of houses , with the moderate desires and demands of the present clergie , in the late suite before his majesty . for the conclusion of this tre●tise i have ●hought fit to set do●ne some of t●●se arguments o● both sides , in the points ●hi●●●y contro●ert●d about the sense of the last decree of hen. . wherein we must know first that there are some things cleare ▪ and without controversie . . it is granted by counsell learned of all sides , that whatsoever some bold ignaroes talke of old rents : that if a greater rent be reserved at any time by the name of rent upon any house , then the old rent , that then tythe ought to be payed according to two shillings pence in the pound , according to the improved rent , though the rent bee the full value of the house . this appeares by divers orders , made by the lords majors themselves ; wherein tythe hath be●n decreed , according to the full improved rent , reserved by name of rent . . it is granted likewise by counsell , that if an improved rent bee reserved by the owner or inheritor of the house , that his act shall charge the house with tithe accordingly for ever , though lesse rent bee reserved afterwards by fines or fraudes , or any other devices , unlesse the house come to be lesser worth in true yearlie value . . they grant likewise , that if a lessee shall let out his house in part or in whole at a full rent by the name of rent , though afterwards he let the same out for lesse rent by reason of fines , or double leases , yet the tithe shall be paid according to the highest rent , during the time or tearme of yeares which the said chiefe lessee hath in his house . . cases controverted , are chiefly these ; where the old rent is still continued without encrease , by reason of fynes really paid before hand ; whither the tythe shall bee paid according to the true value of the house or of the old rent . . when the old rent is onely reserved by the name of rent , and the improvement is and hath alwayes beene reserved by other names , as fynes , annuities , new-yeares gifts , &c. to be yearly and quarterly paid , as the rent is , and to begin and end with the lease , done purposely to prevent their parsons tythes , whither those payments bee rents as to the payment of tythes , and according to the true intent of the decree . whither the jurisdiction ecclesiasticall be quite taken away by the decree , and the major be made sole judge , or whither it remaine in the same state it was before the said de●ree . the first of these i will not insist upon , bec●use there are few such instances to bee found without a●y augmentations of rents , by fines really paid ; the most of the frauds , and practises having been invented since the encrease of rents , and therefore i 〈◊〉 that over and shall onely propound 〈◊〉 a●guments about the two latter 〈…〉 i shall not take upon me to 〈…〉 thing , but submit all to the 〈◊〉 of the learned professors of the 〈◊〉 . that 〈◊〉 annuall payments , are rents , and l●●bl● to tythes , as when one lets a house for ● . ● . supp●sed to bee the accustomed re●t , and reserves . l. more by covenant as ● year●ly fine , to begin and end with the le●●● , and to bee paid at the same dayes of p●yment with the r●nt , that this is a rent and ly●ble to the payment of tythes may be proved . from the usu●ll acception of the word in cō●on speac● , which agrees with the etymologie ( redditus a reddendo or reditus a redeund● ) if a man doe but let out his mony he cals 〈◊〉 interest rent . if one aske one that holds such a lease i● question what rent he paies , h● s●it● he sits at a deere rent reckoning all the ye●rely payments ; and therefore when the l●nd ●ord and tennant agree , th●y agree for so mu●● rent , till the lease come to bee m●de by the s●rive●er : who tels them they mu●t take some course , to prevent the parson , who will else claime his tythes after the full rent , and yet some , even after such leases made give acquittances for all in the name of rent ; now here the civill law saith , communis usus loquendi praevalet rigori & significationi verborum , and the common law attributes much to common speech . edw. . . sir moyle finches case , col. . , &c. . legally , properly , and even in the construction of the common law it is a rent ; it is none indeed of littletons rents , nor rent change , nor rent seck , nor rent service , it issues not out of the soyle , no distresse c●n be taken , descends not to the heire , nor is incident to the reversion , entry of the lessor doth not suspend it , &c. all this is granted , but yet many things goe vnder the name of rent , ●ven legally , and properly which are none of littletons rents . j grant you . l. during your life to bee taken of my person , without charging of my land : this is a rent as appeares by the registers , the most fundamentall booke of common law , and by the originall writs , which being the ground of suites are most accurate and curious in names register , fol. . the writ of annuity . rex vic. sal. precipe a quod juste reddat . b. . libraes quae ei aretro sunt de annuo reditu . solidorum here an annuity is called rent . fitzherbert nat br. . speakes of a rent issant hors de cofers . hen. . . margery parke●s case , royne grant a lui vn annuell rent de . l. pour terme de vie a recever , de quadam pecuniae summa assignata , in partem dotis ipsius reginae de magna custuma london . . henry . we read of a rent reserved upon a chattell personall , a flock of sheep and such like , and yet in all these cases , you may say , no distresse , no assize , no action of debt till the tearme be ended & all nothing to the purpose , see . ass . plo . . shard . edw. . scire facias . co. . seignior mount joyes case . but must every statute that speakes of rent extend to those rents ; no statutes must bee taken secundum subjectam materiam , for such a rent as this is , not within . hen. . of leases by tennant in tayle , nor of . eliz. leases by bishops , nor of . eliz. leases by deanes and chapters , for as it is said , coo. . . bishop farnius case , those statutes looke to the benefit of the heire or their successour , and therefore must bee intended of a rent incident to the reversion , and issuing out of a thing maynorable ; but in our case the statute lookes to the benefit of a stranger ; the parson to whom it is not materiall what rent it is , so it be a yearely p●yment . . though it were no rent in the common law , yet without all doubt it is in the ecclesiasticall law , according to which it must be here expounded . . that it is a rent in that law is manifest pensio quae provenit domo vel habitatione , & redditus praedialis . lindwood , fol. , and in the enlishing of the constitutions above mentioned , annua pensio domus , is rendred rent , payment , price , pension , farme in the old booke of customes . now that in matters ecclesiasticall , the common law judgeth according to the ecclesiasticall law is certaine , for even in speciall courts of common law it judgeth as those courts would . in matters customary it altereth the common law to fit them to the custome , quia dominus remisit curiam . the statute . hen. . cap. . when a man dies intestate , the ordinary shall depute the next and most lawfull friends of the person dying , intestate to administer his goods . now by goods at the common law are not meant leases for yeares , wardship , prochyn , avoidance . edw. . br ▪ grants . . if j make you a deed of gift of all my goods omnia bona mea , you shall have none of these , yet it was alwaies taken sans contradiction ; that the ordinary may by thes● words grant administration of leases . and if an administration of goods be granted without more words , wray said . eliz. such an administration hath power to deale with leases for yeares , because the spirituall law so takes the word bona by which wee are to judge . but this is our case , for now in like manner the spirituall law under rent includes this annuall payment , and ergo the judges are to take it so . . that it must needs bee a rent within the intent , and true meaning of this decree appeares . . it was made for the maintenance of the clergie , and so pro bono ecclesiae , and consequently ●or the maintenance of religion and seruice of god : how summa est ratio quae pro religione facit . . it was made to suppresse fraud and covyn , it is spoken of thorough all the branches of the decree . now the civill law saith , dolis & fraudibus omnibus modis occurrendum , then specially such frauds as this , for statutes of such a nature , ●re extended by equity beyond the word , and therefore well may the word here be taken so farre as common speach d●●h extend them : for this favour the judges have ever extended even to statutes most penall , for words must stoope to meaning , not meaning to words , and yet this decree must be extended in equitie euen beyond what the words will beare in common sense in some cases . the register and fitz-herbert nat. br. fol. . tells us of redditus robae , and like . now suppose a man make a lease of a house in london , reserving so many furrs so many robes shall not the parson have his tythes of every s. valewe , a man makes a lease , and the lessee covenants in the same indenture to pay for it s. yearly and this without intent to defraud the parson . beestons case plowden . . doubts whither this bee rent , and the pryor of binghams case is vouched that it is no rent fol. . . but is there any doubt , but this is a rent within the decree . or if one make a lease of a house and the lessee grants him a yearly fine during the tearme , and if it bee behind hee shall distrayne for it . this is no rent but an annuity and the clause of distresse onely a penalty . butts case coo. . . . yet no doubt the tythe is due to the parson . this decree comes instead of that provision formerly made for tythes in london , and not by enlarging , but by way of diminution , taking from the clergie . d. in the pound which they had before , and therefore ought to be taken strictly against them , and larg●ly for them . . without all question the meaning of the decree was that the rates therein expressed should be paid as the rates formerly in vse were paid before the decree ; for though there was made an alteration of the rates , . s. . d. made . s. . d. yet it was never intended , but that the manner of payment should continue , and therefore rent in the decree must be tak●n as it was formerly taken by constitution or custome , before the decree which was for any kind of payment , as is manifest for the practise of former times , appeares by the names then vsed , viz. rent , pensions , payment , price : in the booke of customes , it is called rent or farme in the proclamation confirmed by act of parliament , . hen. . the citizens never payd according to any fixed rents , but as the rent improved , so did the tythe : as appears by arundels constitution , declaring that if the rent were above . d. the old rent of some house in those times , then they should pay to whatsoever summe it arose , by the bull ordaining to pay secundum verum valorem pro quo domus secundum veram existimationem locari poterit , by the award . hen. . wherein houses let out or kept by the owners were to pay after a common valew , by the decimary of st. magnus in the booke of customes , . henry . wherein they pay after the full rents , some . pounds , some . l. which was as high a rent then as one hundred pounds now ; by the bill in starre-chamber , . henry . wherein the city sets out that the rents of houses were enhansed and doubled , and that they paid tythe after the enhansed rents , and that divers new houses were built in void grounds , and some newly repaired , and that they payed tythe for them as for other houses , which they would not have done , had they been as wise as men are now . and in all former controversies about tythes , even in those which occasioned the decrees of . and . henry . there was no question made at all about the rent , for which the tythe was to bee paid but about the quantity , how much in the pound , and therefore the occasion of the decree being onely to settle that , it could never intend to alter other things which were not at all in question , for such leases and fines were never paid before the decree , nor many yeares after . decree in the exchequer , for the true value in ivats case . iac. . by a decree in the exchequer pasch. . iac. the barons declare that they conceived the meaning to be that tithes should be paid according to the true value , as the houses are worth to be let per annum . . the practice of the ecclesiasticall courts , is such , that divers sentences have bin given for payment , according to the true value , whether the annuall payment were called fine or rent . . the decree provides , that where more rent is reserved , for implements of brewing , dying , &c. a third penny shall be abated , and where lesse rent is reserved , by ruine , fire , or any other casualties , there shal be abatement of tithe accordingly , and therefore it must needes be meant ; that in other cases the house should p●y according to the value . those annuall payments are not fines in common sp●ech , nor accordi●g to a●cie●t use , and there●ore could n●ver be intended to be exempted from tythes , for as there were few fines antiently , so usually they were , some small summe which the less●r had beene at , for reparation , which the tenant was to pay at his comming in , but now by fine they reserve the whole value of the house , besides in common speech , a fine is a summe payed before hand and therefore called an incombe , & so in this decree , is called a fine paid before hand , and in some places a grosse summe , the rent being paid in many summes afterwards ; wheras in these practises , the fine and rent differ not but in name , and by as good reason , the country-m●n that called his pigs puppies , might refuse to pay his tithe pig , because puppies are not titheable , besides the reason why fines are p●id , is either to furnish the landlord with ready money , or to ease the tennant by bringing downe the rent , or to secure the rent to the landlord , by a fine paid before hand : none of which reasons are of any use here , so that the onely cause is the parsons tithe , and therfore no such leases are knowne in any partof the kingdome besides . the encrease of rent is either because the house is greater , or fitter for a greater family , or because trading encreaseth , and rent riseth , in both which cases , all reason requires that the tithe should encrease . for by the first , the parson hath a greater charge of soules . by the second , the parishioner is better able to give , his gaines being greater . . otherwise , divers absurdities will follow hereupon , for by this device in a new house , a new parishiner , shall come and partake sacr● & sacramenta , and yet be bound to pay nothing to the parson , reserving all by fine . heer● is officium sine beneficio . besides hereby the ministers meanes , shall stand at a stay for ever , though all meanes of livelyhood grow ten times dearer , hereby the . parts shall encrease to the owner , and not the tenth part to the parson , &c. . these practises were resolved by all the reverend bishops under their hands , and by both the universities , anno . to be utterly unlawfull in point of conscience . there can be no fraud here by the common law , because the parson hath no present right , or interest in being , nor by the decree . first , because this is a rate tithe . secondly , because the second clause requires onely , that where no rent , or lesse then was wont is reserved , the tythe shall be paid according to the rent , for which it was last letten . the ground of this is false , that there can be no fraud , but where the party hath a present right : this is against as many acts of parliament almost as speake of fraud instance m●rlebe cap. . de his q●i primogenitos , &c. of those that enfeose their heires within age to defraud the lords of their wardships , the statute saith not , that shall hereafter enfeoffe , but qui feof●re solent , so here was a fraud by common law before the statute though not made void , and so penall till the statute , and yet the lords which were defrauded had no present right for their interest groweth long after , by the death of the tennant that made the feofment . see . eliz. dy. . here is quasi a rent in esse , and to grow upon an instant ; for in the instant , that the lease is made , the right of the parson growes to have the tithe . the very decree m●kes it fraud against the parson , disertis verbis , as . eliz. doth against a purchaser , that purchaseth the ●and after . to the second part i answer first , this rate tythe must follow the rent , and if that bee uncertaine , then is the tythe also , and so subject to fraud . secondly , for the clause of the decree , i answer there is fraus in intentione , and fraus in executione ; here is an intent of fraud , but in effect there is none , for he intended to deceive the decree , and it deceived him , where he in●ended an annuall payment to bee no ●en● , which the decree saith is a rent , and so titheable , so fraus in authorem redit , and so fraud is out of doores , besides the substance or body of the decree is the first clause , and the question rests , whither this annuall payment be a rent within that clause of the decree , which if it be , the branch following nihil operatur fraude , or no fraud , within that branch is not materiall . by the decrees and acts of . & . hen. . a new duty is created , for no tythes were paid before , but oblations onely , for the churches of london had nothing but oblations and obventions , and therefore the tythes being onely by sorce of those statutes the words must be expounded not according to former practises , but according to the common law . this is clearely otherwise , for these payments are not tythes more now then heretofore , nor lesse heretofore then now . for though two ●hillings nine pence bee more then a tenth part , yet it is called a tythe , and so was the three shillings sixe pence long before either of the decrees of . or . hen . in arundels constitution , . richard . anno . they are called oblationes seu decimae , lindwood who lived in anno . saith in the place alledged cap. . they are paid in liew of prediall tithes of houses , and recompence of want of glebes , referring himselfe to the constitution of roger niger , then extant : in divers suites and sentences in the courts ecclesiasticall , they are called decimae , in a libell in the arches . . hen. . they be thrice called decimae . in a sentence there . h. . it is said to be secundum consuetudinem solvendum decimas in civitate london . in ye acts of cōmon counsel , h . it is said the bull confirmed by that court , . ed. . was concerning tythes and oblations , so in the suit in starchamber , . hen. . they are called tythes , and the witnesses depose for . . yeares , these payments were paid sometimes quarterly , sometimes at easter , by the name of oblations , or tithes , so that the custome of offering upon each severall day was left off , and the payments made yearly or quarterly long before , . hen. . so that it is certaine , neither the name , nor the nature of those payments , or duties , are altered by any act of parliament as is commonly ( but ignorantly by many affirmed ) but onely the quantity made lesse , as appeares by what is formerly said . but there is a clause in the decree , that where lesse then . s. . d. for every s. rent hath bin accustomed to be paid for tythes , there such tithe shall be paid onely , as hath beene accustomed . this clause is by some expounded of st. martin le grand which is in the city , but not of the city , and the out parishes which pay s. in the pound by custome , but this cannot be , for those places are not within the decree ( wch extends onely to the liberties of the city ) and therfore they cannot be excepted out of a rule wherein they were never included . it must be therefore meant of such parishes or places within the city , which by special custome pretended to pay only after the rate of . s. in the pound , as appeares by thee citizens bill in starchamber . . h. . wherein they name som● such places within the city , and by the majors precept upon the order then made , directed to every ward , wherein it is expressed , that such as paid onely . s. in the pound , should pay no more . now though this were pretended by the city in that bill , yet it appeares by the depositions their proofe came short herein , and therefore the makers of the decree , doe not specifie this rate of two shillings in the pound , but doe onely in the generall say , that where lesse then . s. . d. was accustomed to be paid , lesse should be paid , leaving them which alledged the said custome or any other to prove the same . now seeing no parish or place in london doth at this day pay according to that rate of . s. in the pound , or of any lesser summe , nor was any such custome ever yet proved ( though often alleadged ) and whosoever wil prove any , must prove a custome of paying after such a rate , before the . of hen. which at this day is impossible for any to doe , it followes there , that this proviso is of no use now in the decre● , nor can it any way bene●it any of thecity in this case , nor indeed could any man in any suite yet make use thereof . the livings in london would be too great , parsons would be all bishops , some worth . l. per annum , if tythes were paid according to improved rents . jt is unjust to detaine any mans right , though it would make him never so rich : would any rich man thinke it fitte that others should defraud them of their right , because if it were paid they would be too rich , and because the parsons would be little bishops if they had all , must they therefore live like beggers . if any living should swell to so great a proportion , the remedy should be to divide the parish into more parishes , and not to deprive the church of its due . but to answer this more particularly . . these objections concerne not the . parishes within the wals where few new buildings can be raised , & if the tythes were payd according to the vtmo●t value there would be within the wals. . eight benefices not worth above markes or l. per annum . . not above . within the wals worth l. per annum . not above . more worth l. per annum . the rest would be between and pounds per annum , and the most of them not above or l. per annum . . if tythes were thus paid it would be . . no more then livings of the like value in the kings bookes in the country , for some are at . l. some at . divers at . l. and . l. and few lesse then . l. . nor so great as where there is like number of inhabitants of farre lesse ability in the country , where some farmer not worth l. p●yes more tythe then . of the best houses in london . . nor neere so great as before the decree when yet they could not have such charges being to live single , and their paines not comparable to preaching now vsed , the bare tythe of st. magnus anno . besides oblations , mortuaries , obits , trentals , chantries , &c. which were very many and great was . l. . s. . d. ob . which was as sufficient maintenance then as l. now , and yet the tythe is not above . l. and stands in the kings bookes taxed at above . l. besides . s. in pensions . . nor should the clergie have more free maintenance then is suitable to their education and charge , nor above ordinary citizens among whom they live who are many of them worth . or . bishops , or halfe the parsons in london . . for the parishes without the wals by reason of new building they are swolne very big , yet the biggest would not be worth above l. per annum or thereabouts , as hath appeared by a valuation made of every house , but here consider ; . these stand a great part without the liberties , and so are not within the decree . . they be all appropriate , save st. andrewes in holberne , and st. buttolph bishopsgate . . they are so great that they are fit to be divided , and so the maintenance would be but reasonable . . the particular parishioners there shall pay no more then those in the least parishes in london , so that there would be no greater burthen to any particular man by the parsons benefit . . the parsons in those parishes are at more charge and paines , and must keepe two . or . assistants . . thirdly , the desires of the present clergie for encrease of their maintenance were conceived , to be so moderate by all indifferent men , that one may justly wonder how they could be rejected ; for in their demands lately tendered and sen● to the severall parishes , we may observe these particulars . . there are . parishes within the wals wherein they desired not that the whole tythe should exceed l. per annum , and in most of those parishes lesse was desired , in some . l. in some . l. in some not above . l. per annum . . there was but one parish within the wals , wherein was desired . l. per annum , nor above . more where in was desired l. per annum or vpwards in tythe . . the whole tythe demanded in all the rest of the parishes within the wals was betweene l. and pounds per annum . . even in the greatest parishes without the wals there was not above l. per annum desired in any , above that which is now paid , which yet is no more then some small parishes within the wals have allowed for a yearely lecture . these demands were all they desired the tythe should bee raised vnto , and that no greater summe should be paid ▪ provided that their successours might not hereby be concluded or shut up , but that vpon the variation of times some way might be open upon just cause for such alteration of the rates , as the king and state should thinke fit . the livings are competent already and some of late improved . the competency will appeare by a generall survey of their present estate , viz. . there be . livings within the wals vnder . l. per annum , and some of them . l. some l. in tythes . . there is but one within the wals worth l. or upward in tythes . . there are not above . that exceed . l. per annum , whereof few arise to l. all the rest within the wals are within ▪ l. and l. per annum . all without the wals and within the liberties are apppropriate but two . the casuall profits are not equall to the yearely charge issuing out by tenths , pensions , procurations , &c. and wherein some few livings there is a little gleabe which was in the most part of the parsonage-house devided and let out , there are about . livings that have not so much as a dwelling house . chap. vi . the second case concerning ecclesiasticall iurisdiction for tythes in london . that the lord majors power is not exclusive to the ordinaries , but onely accumulative . that the ecclesiasticall jurisdiction concerning tythes in london is not taken away by any of the decrees , or acts of parliament , but remaines in statu quo prius . . it is granted , that before . hen. . the jurisdiction remained , nor was any new duty of tythe then created as is before proved : now supposing the decree to be an act , there are no negative words to take it away , and an act of parliament in the affirmative doth not take away the jurisdiction ecclesiasticall , unlesse some negative words bee added , as not otherwise , nor in other manner , &c. as cooke in cawdries case , who saith , it is the generall rule in all their bookes , citing divers authorities to this purpose . the parties compromitting were only the curates and the citizens , and not the ordinary ; and therefore no act made by vertue of that compromise can bind the ordinary or take away his jurisdiction ; for the act of parliament saith onely , it ●hall bind the said parties , viz. curates , and citizens , and their heires and successours , but mentions not the ordinary . the originall decree was delivered by the lords to the bishop of london , to be kept in his registry , and in the time of king edward . the lords of the counsell whereof some were makers of the decree , gave order to the bishop of london in the kings name , to cause the citizens to p●y their tythes , which he could not doe without jurisdiction . . pro●ibitions were never granted anciently in the time of queen eliz. upon such suggestions , as they are granted for in the country , circa metas & bound●s , and circa modum decimandi , &c. . though the jurisdiction were quite taken away , yet it is restord againe . , ph. and mary cap. . towards the end , which sets the bishops in the same state for jurisdiction and cognizance of causes , as they were before . hen. . and if any say that statute is repealed . eliz. cap. . i answer not wholy but in part , ●or this clause stands confirmed by generall words , viz. that all acts and clauses of any statute repe●ted by that of . & . ph. & mary . and not revi●ed by that of . eliz. shall stand still repealed , and therefore if that part of the decree which takes from the jurisdiction ecclesiasticall , were repealed by . and . ph. & mar. then it stands repealed still , & by the same clause is that of . edw. . cap. . concerning bishops sending processe in the kings name , and vnder his seale repe●led , or else it s not repealed to this day , for though it were repealed in . mariae , . chap. yet that act . mariae is repealed againe by . ia●o●i . ▪ besides tythes in their o●ne nature are originally of eccle●iasticall cognizance , and so whatsoever comes in the name of tythe , except by speciall words it be otherwise determined ( which is not here ) remaines of ecclesiasticall cognizances . . jn the exchequer , . iack . ivalts case , it was over ruled , against the defendants plea of the lord majors being to be judge . that notwithstanding that court had knowledge , the impropriation being held in fee-farme of the king , and upon this ground , that the majors power was not exclusive to any other jurisdiction , but onely accumulative . . lastly , it appeares by what was said before cap. . that before this decree the ordinaries iurisdiction , was not in question , for that the city put up a bill in parliament , , henry . that none might sue for tythes anywhere , but in the spirituall courts or by action of debt at the common law , which shewes it was never intended nor desired that the ordinary should be divested of his power . it is objected that the major is the onely judge named in the decree , and the tythes herein mentioned are not nor can be claimed by any other law then by this decree , and therefore cannot be sued for before any other judge , then such as the decree directs vnto . this argument takes that for granted , which is vtterly denyed , viz. that the tythes in london are grounded onely upon the decree of . hen. . as if there were no other law now in force which is apparantly an error ; for this decree doth not abrogate nor nullifie any other law formerly inforce , further then where it was contrary to this . now it is certaine that . s. . d. in the pound , was due by lawes in force before this decree , viz. by the award and proclamation in . hen. . confirmed by act of parliament , . hen. . the force of which award and proclamation , and act were no waies nullified by this decree , but were onely confirmed and explained thereby , in some things then doubtfull , so that they were then and are still in force ; and therefore seeing that by them the ordinaries power was not extinct as is cleare and granted by all ; it is as cleere that there is nothing in this act to exstinguish it , for the major had power by the statute of . h. . as well as by this of . henry . and there are no negative words in this more then in that . yea , not onely are the award and proclamation of . hen. . and act of parliament of . hen. . still in force , but also the constitution of roger niger and archbishop arundell , with the award made in . hen. . and other lawes then in vse , are all as may be probably concluded at this day in force , viz. so farre as they are not contrary to the act and decree of . hen. . for if they were abrogated , i would gladly know when and by whom . in the . h. . they were not nor by the statute of . henry . for then onely the quantity was al●ered from . s. . d. to . s. . d. and in all other things the payment was left to the former lawes and constitutions and customes according to which the controversies were determined arising after that time , as appeares by the sentences still remaining on record , and in the . hen. . there is nothing abrogates any of them further then when they are contrary to what was then decreed , and therefore it is probably thought by some that for non payment the major excom. is now incurred ipso facto according to arundels constitution , and that none ought to be absolved without payment nisi in articulo mortis , as is there set downe , and certaine it is , that if this last decree were quite abrogate , the clergie might have as good law for their tythes as they have now . further i answer , that though the ordinary had no jurisdiction formerly , yet the very nature of tythes here decreed gives him jurisdiction , vnlesse negative words had beene added . it is further said , that the nature of these payments is altered by this decree , oblations are made tythes , and though formerly the ordinary had power , whilest they had the name of oblations , yet now another iudge being mentioned , and the oblations become tythes the case is altered . this is cleerely refuted by the precedent historie , whereby it is manifest that neither the name , nor the nature was altered by this decree . the proclamation appoints . s. . d. to be paid for tythes , and . d. at easter for oblation or offering . so the award . hen. . and so most of the precedent acts style them tythes , and long before not onely this last decree , but before . hen. . yea before the time of henry . the payment on severall offering daies was disused , and the whole payed in one or . entire payments by the name of tythes , and yet it is most certaine that then the ordinary had this jurisdiction , and that solely . but it seemes these two iurisdictions of the ordinary and lord major cannot both stand by the letter of the decree , for by the decree , if any difference arise-upon complaint of the party grieved , the major may make an end , and force the parties to stand to his decree : now suppose the ordinary should determine otherwise concerning the same matter and force , by censures of the church , the parties to o●ey his sentence , h●re it will bee doubtfull to whom obedience must be given , and so the one iurisdiction must destroy the other . j answer first , it may well be affirmed , that by the party grieved can be only meant the minister ; for wherein can the citizen be grieved , if the minister demand more then his due , the citizen may with-hold payment , and so long j hope hee is not grieved by the ministers demand . if it be said , hee is grieved when hee is sued in the spirituall court , j answer , that this grievance cannot bee heere meant , because first , the party must bee grieved with some thing mentioned in the decree , which this is not ; and secondly , the grievance must bee such as the lord major can helpe or remedy , but this hee cannot ; for he never did , nor can stay the proceeding in any spirituall court , nor ever used any compulsive power against any minister , but against the atturney onely , according to the words of the statute hen. . secondly , j answer by propounding the like question . the exchequer hath power to determine matters of tythe in london where the living is impropriate and held in fee-farme of the king , as hath beene often adjudged , especially in ivats case , . iacob . now suppose that court and the major make contrary decrees , which of them must bee obeyed , or how can the words of the statute bee made good for the lord majors power . heere i know it will bee answered , that the exchequer being the higher court must take place , and the lord major may not meddle with causes there depending , but i say this is not mentioned in the decree , but onely gathered by consequence ; because that court had jurisdiction before the decree , which jurisdiction is not taken away by the decree , and if so , then the very same answer doe j give for the spirituall court which is superiour to the majors in matters of tythes , and had power before him many hundred yeares in this case , so that hee ought not to meddle with matters there depending . but statutes and acts of parliament must bee expounded by iudges at common law ? this makes nothing to the question ; for first the lord major is none of those judges , and secondly , this proves onely that the judges may prohibite the spirituall court if it proceed contrary to the true meaning of the decree ; but if it proceed according to the true sence of it , then it may proceed otherwise . no ordinary could hold out plea for tythes in the countrey , because there are statutes made for all tythes in the time of henry . and edward . which yet wee know they did , and may doe lawfully , and are never prohibited but upon suggestion , that they proceed contrary to the meaning of those statutes and customes , which the iudges conceive they onely are to interpret . finis . errata graviora . page , line . for could , read would . page . l . dele of . and in marg. for i●tituled , r. impri●ted . page ibid. line . for l●st , read l●st . page ibid. line ▪ for vent , read 〈◊〉 . page ● , line ult. for i●●rease , read c●●c●ss● . page , line , for foure , read forty . page , line . del●of . page , line , dele bill . page ibid. line . for 〈◊〉 , read c●●sci●●tio●snesse . page , line , for of , read 〈◊〉 . page , line , col . , for . l. , ● . d. read . l. 〈…〉 page , in the marg. for , read . notes, typically marginal, from the original text notes for div a e- l●ndw●o● lib tit de de●mis cap. sanct. ec●l . verbo . negoti●tionem ●ol . . roger niger constitu●ion about anno h . booke of common customes of london , fol. . dr. tildsley , in prefat. contra selden . arundels constitution , anno . . r. . extant in the office . lib. arundell , fol. . & in the booke of common customes . pope innocents bull in the booke of customes . anno . ●hen . . pope nich. bull recited at large in the booke of customes , fol. , , . &c an award ▪ h. . mentioned in the act of common councell , . h. . & recited at large in the booke of customes . act of cōmon counc●ll , . h. . bull received by act of cōmon councell . edw. . . martij , . ● . ● . d. in the pound . acts of co●mon counsell a●●o ● . and . h. . in the guild-hall . o. de● for ● . d. . h. . letters pattents and proclamations act of parliam●nt . h. , in a little trea●is● of tythes of london , entit●led , h. . by a citizen . decree , h. act of parliame●t h. . act in the bish●ps r●s●●gry , * by reserving the vent under other na●es , as annuall & quarterly fine● , du●ing the lease annuities , new-years gifts , interest monyes , rent for implemēts , and houshold stuffe , & by double lea●es , & the like , see the new booke of assizes for bread , &c , see cooke upon littleton , ●● cap , . sect. . * in a leidger booke of s●t magn●s london for a lawyers fee , and spent in wine at a meeting of the best of the parish ▪ d ▪ du●ies anciently p●id to the p●●s●n or cu●ate for weddings . these duti●s were not 〈◊〉 same in 〈◊〉 p●rishes , bu● d●●fe●ing acco●dign to the severa●l custom●s of seve●all p●ri●hes . the same duties when he is bu●●ed ou● of his owne parish . . beadroll . . ho●sell at easter . . tythes of servants wa●ges . . mens devotions on divers dayes . leases . the case . object . answer . sr r. ct. object against the legality . answ , object . . vide p. vlt. objections answ. object . answer . acts and monuments , v●l , . fol. . col. . artic● . objec● . answer . answer . object : answer . object . ● answ. . the suffering case of william gutheridge, of banwell in sommersetshire, truly stated, and committed to the tender consideration of all true english men gutheridge, william, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the suffering case of william gutheridge, of banwell in sommersetshire, truly stated, and committed to the tender consideration of all true english men gutheridge, william, d. . sheet ([ ] p.) s.n., [london? : ] in a litigation with james crosman. imprint from wing. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng gutheridge, william, d. -- early works to . crosman, james -- early works to . taxation -- england -- early works to . tithes -- england -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the suffering case of william gutheridge , of banwell in sommersetshire , truly stated , and committed to the tender consideration of all true english men. about the year . james crosman , vicar of banwell and puckson in sommersetshire , procured a writ of attachment against the said william gutheridge , because for conscience sake he could not swear to an answer to his bill in the exchequer for small tythes ; and by vertue thereof had him to ilchester goal , and kept him there four years . the value of the said tythes appears by the affidavits of three men to be between forty and fifty shillings a year ; as also by the certificate of ten substantial men of the neighbourhood , witnessed under their hands ; for which , after four years imprisonment at ilchester , he , with thomas tegg , an impropriator , had him up to the fleet prison in london , where he hath remained about nine years ; and while so a prisoner , the said james crosman , caused him to be indicted at the quarter sessions in sommersetshire , upon the statute of recusancy , for being absent from his parish church eleven months : the penalty two hundred and twenty pounds , which put him to great trouble and charges . and not only this , but hath prosecuted him in the exchequer , and hath sworn his small tythes to be worth six pounds ten shillings a year ; and thereupon hath obtained a sequestration against him , and hath enter'd upon his goods and chattels , to the value of one hundred and fifty one pounds seven shillings , as appears by the appraisement that he and the sequestrators have returned into the court of exchequer , but are really worth about twice as much . and hath also seized upon his lands and tenements , to the value of sixty or seventy pounds a year , which the sequestrators , by the direction of the said james crosman , keeps in their hands ; and notwithstanding , keeps the said william gutheridge in prison , saying , he shall never come out , he being separate a hundred miles from his wife and family . and thus deprived of his estate by the unheard of cruelty of this priest james crosman , and his merciless proceedings . william gutheridge . concerning tithes [by] humphrey smith. smith, humphrey, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) concerning tithes [by] humphrey smith. smith, humphrey, d. . leaves. printed for mary westwood, [london] : . caption title. imprint from colophon. signed at end: humphery smith. reproduction of original in: friends' library (london, england) eng tithes -- quaker authors. society of friends -- doctrines. a r (wing s ). civilwar no concerning tithes. tithes at first were not required, but given, only of the spoyles of the warre, (only once,) by abraham, unto him that wa smith, humphrey a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion concerning tithes . tithes at first were not required , but given , only of the spoyles of the warre , ( only once , ) by abraham , unto him that was made like unto the son , but the substance being now come , ( even christ ) who was before the warres , and before abraham , he redeemes out of the lust from whence the warres ariseth , and so bringeth to an end of that from whence warres cometh , and so to an end of that from whence tithes were first given ; and so to give nor pay tithes no longer ; being redeemed out of lust , and warres , and fightings , by the blood of jesus who said i am the light , that abides a priest for ever , and his day abraham rejoyced to see , who brings to the end of the tithes , and makes warre with that , and slayes that , which caused men to slay one another , in the warres , who comes to save the life , who is greater then abraham , who being now come ; denyeth fighting , and saith he that taketh the sword shall perish with the sword , and so that was to perish whereby tithes were first given , then must there needs be an end of tithes , which also perisheth with the using , and the law for the tithes ( which had a shadow of good things to come ) decayes , and waxes old , and vanisheth away , the good things themselves being come , and good will towards man , and the covenant of light to joyne the hearts together . for tithes were never given nor paid untill after men had killed , and slaine , and done violence and wrong one to another , and christ saith love your enemies , and if he smite thee on the one cheeke turn the other , and such as are come to that , and obeyes his command , are come out of the warres , and the strife , unto the prince of peace , who was before the warres , and so knowes the peaceable covenant , which will not wax old , but last for ever , in which there is no warres , nor killing one another , and so comes to the end of that covenant which commanded the tithes , and to the change of the law , the priest whereof and they that receive the tithes , murdered and slew him that is to bring to the end of the tithes , so that by him to the end they are not come , nor from under the first covenant , where the tithes is paid whilest the vayle is over the heart , and that ministry standing which makes nothing perfect , and will dye , and change , and perish : but he that redeemes out of , and from among them , and that , which perisheth , abides a preist for ever ; and of him it is said he liveth : and so him we beare testimony of , who is entred within the vaile in whom the vaile is done away , and so that is seen , and departed from , and made an end of , which stood whilest the vaile was not rent , and the way into a more holy knowne , then the first covenant where the tithes were paid , the vaile being over the heart , and is yet over the hearts of all them , who pay or receive tithes , and all that uphold it , who may take notice that the first priests that ever tooke tithes and offerings by force , were sons of beliall and know not god , whom the lord destroyed , and they perished in the warres , with the sword , sam. . . vers. . therefore we cannot but deny tithes , and the upholding of it , and all such as take it ( especially ) by force , which actions are the fruits of such priests as know not god , and such he will overturn . for the seed of god in many thousands , cryes unto him , by reason of the cruell oppression of tithes , from under which the lord will deliver us . humphery smith . printed for mary westwood , . severall grounds, reasons, arguments, and propositions, offered to the kings most excellent majesty, for the improvement of his revenue in the first-fruits, and tenths annexed to the petition of james, earl of north-hampton, leicester, viscount hereford, sir william farmer, baronet, george carew, esq; and the rest of the petitioners for a patent of the first-fruits and tenths, for the term of one and thirty years, at the yearly rent of threescore thousand pounds. carew, george, esq. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) severall grounds, reasons, arguments, and propositions, offered to the kings most excellent majesty, for the improvement of his revenue in the first-fruits, and tenths annexed to the petition of james, earl of north-hampton, leicester, viscount hereford, sir william farmer, baronet, george carew, esq; and the rest of the petitioners for a patent of the first-fruits and tenths, for the term of one and thirty years, at the yearly rent of threescore thousand pounds. carew, george, esq. sheet ([ ] p.) s.n., [london : ] place of publication from wing (cd-rom edition). signed and dated at end: g.c. october the th. . g.c. = george carew--wing (cd-rom edition). reproduction of original in the bodleian library. eng church of england -- government -- early works to . ecclesiastical law -- england -- early works to . tithes -- england -- early works to . broadsides -- england a r (wing c ). civilwar no severall grounds, reasons, arguments, and propositions, offered to the kings most excellent majesty, for the improvement of his revenue in t carew, george, esq f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion severall grounds , reasons , arguments , and propositions , offered to the kings most excellent majesty , for the improvement of his revenue in the first-fruits , and tenths : annexed to the petition of james , earl of north-hampton , leicester , viscount hereford , sir william farmer , baronet , george carew , esq and the rest of the petitioners for a patent of the first-fruits and tenths , for the term of one and thirty years , at the yearly rent of threescore thousand pounds . that whereas in the th . year of king henry the eight , the lords spiritual , temporal , and commons assembled in parliament , with his royal assent , did ordain , and enact , that the king's highness , his heirs , and successours , kings of this realm , should have and enjoy for ever , the first-fruits , and profits for one year , of every person , and persons , which should be nominated , elected , presented , or by any other ways , or means appointed , to have any arch-bishoprick , bishoprick , deanry , prebendary , parsonage , vicarage , or other dignity , or spiritual promotion whatsoever within this realm , of what name , nature , or quality soever they be , or to whose patronages , or gifts soever they belong , the first-fruits , revenues , or profits , for one year of every such dignity , benefice , or spiritual promotion , whereunto any such person or persons , shall be nominated , presented , elected , or appointed ; and that every such person or persons , before any actual and real possession , or medling with the profits of any such dignity , benefice , office , or promotion spiritual , should satisfie , content , and pay , or agree to pay to the kings vse , at reasonable daies and times , upon good sureties , the first fruits and profits for one whole year , to the kings treasury . ☞ and it was enacted by the authority aforesaid , that the lord chancellour of england , and master of the rolls , for the time being , and from time to time , at their will and pleasure , should name and depute by commission , or commissions , under the great seal , fit persons to examine and search for the just and true values of the first fruits , and profits , by all ways and means that they can , and to compound and agree for the rate of the said first fruits and profits , and to limit days of payment upon good security , which should be in the nature of a statute staple . and whereas it was ordained and enacted by the authority aforesaid , that the kings majesty , his heirs , and successours , kings of this realm , shall yearly have , take , enjoy , and receive , united , and knit to the imperial crown for ever , one yearly rent or pension , amounting to the tenth part of all the revenues , rents , farmes , tythes , offerings , emoluments , and of all other profits , as well called spiritual , as temporal , now appertaining , or belonging , or hereafter that shall belong to any arch-bishop , or bishop , dean , prebend , parson , vicar , or other benefice , spiritual dignity , or promotion whatsoever , within any diocess of england or wales , and that the said yearly pension , tenth , or annual rent , shall be yearly paid to the kings majesty , his heirs or successours , kings of this realm for ever , which was confirmed by several acts of parliament , in hen. . and h. . and h. . and edw. . and edw. . and the eliz. ☞ and it was also further enacted and ordained by the said authorities , that the said yearly rent , pension , or tenth part , shall be taxed , rated , levied , received , and paid to the kings vse , in manner and form following , that is to say ; the lord chancellour of england , for the time being , shall have power and authority to direct into every diocess in england , and wales , several commissions in the kings name , under his great seal , to such person or persons , as the kings highness shall name and appoint , commanding , or authorising the commissioners , or three of them at least , to examine , search , and enquire , by all the ways and means that they can , by their discretions of , and for the true , just , and whole intire yearly values , of all the mannours , lands , tenements , rents , tythes , offerings , emoluments , and hereditaments , and all other profits whatsoever , as well spiritual as temporal , appertaining to any such dignity , or spiritual promotions as aforesaid , ordinary deductions to be defalked out of the same . and that the several bishops should be charged with the collection of the said first-fruits and tenths , in their several and respective diocesses . and that upon the bishops certificate any incumbent , refusing to pay his tenths , shall be discharged of his living . by the grave advice , and consultations of all estates in so many parliaments , the first fruits and tenths were granted and confirmed to the crown of england , for the better maintenance , and support of the royal estate . and if the people are since multiplied , whereby there is a further encrease of rents and tythes , and a greater value upon all commodities , the crown revenue should be improved towards the king's innumerable charges for the government , and well-being of those people , and holding a correspondence with all forreign princes , for their trade and commerce . as lately the spanish trade was restored at the king's charge . kings , and queens of england , gave most of the lands , tenements and hereditaments belonging to these ecclestastical dignities and promotions , and have also erected divers foundations , colledges , and houses of learning , and given large inheritances , and endowments thereunto , whereby most of the clergy have their educations , and are made fit for these dignities , and other ministerial offices in the church , without any great charge to their families , or relations , therefore good reason the first-fruits and tenths of all their dignities and benefices , should be paid to the king , whom they hold of , as patron paramount , and as supream head of the church , and defender of the faith of england . the statutes , and established laws of the land , are made for the full payment , and whole intire first-fruits and tenths , wherein the clergy themselves had their votes in parliaments . and it it is as great injustice for the clergie to withold any part of the kings dues , as others to deny them any part of their predial , personal , or mixt tythes , the subject in general suffers , wherein the kings revenue is abated , which of right belongs to the crown . every private person may , as often as he pleases , improve his own revenue , when occasion serves . the meanest subject is allowed the benefit of the law , and the king does him iustice , and maintains his property , according to the common and positive laws of the land . the king may expect the same ▪ benefit of the laws , and require his own rights , and revenues , by those rules of iustice , which all men are bound to observe and obey . three objections raised against payment , of first-fruits and tenths , answered by the petitioners . that the first-fruits and tenths , is an innovation obtruded upon the clergy of late times ▪ to this they answer , that the first-fruits and tenths , were paid in the saxons time , as appears by bedes ecclesiastical history , and have so contiued ever since in england , to this very day , and that those payments or tributes , bede calls vectigal , which signifies a badg of subordination of the clergie to the supream civil magistrate , and where they have cast off this tribute , the civil magistrate hath been subordinate to the authority of the church . that the first-fruits and tenths , are of a popish institution . answ. it may be satisfactory ●●ough , that this tribute of first-fruits and tenths , have been paid to all kings and queens of england , since the reformation in henry the eighth's time , without any repeal of any of the said statutes : but in the time of ●opery , ( viz. ) in the . and . of philip and marie , the act for paying of first-fruits and tenths was repealed , but confirmed again in the very first year of queen elizabeths reformation of religion from popery , by the statute of the . eliz. chap. . with a recital and ratification of all former statute● , that confirmed the same to the crown , and have continued in force ever since : so that if the tythes be jure divino , payable to the clergie for their administration of the word and sacraments to the people , the first-fruits and tenths jure politico are payable to the king , their soveraign lord , for his administration of iustice , and maintaining the rights , priviledges , and liberties , both of church and state . that the clergie of all orders and degrees , have lately suffered , and therefore ought not to be raised in their first fruits and tenths . answ. that the king hath suffered more , and his revenue much diminished by the late detestable and irreligious war , which hath been fomented , and encouraged by many thousands of the clergie , now confirmed in their livings by act of parliament , and the commons of england would more willingly pay their tythes , if they were sensible the first-fruits , and full tenths were to be paid to the king , as they lately expressed in their desires upon the like occasion of improving that part of the kings revenue . the incumbents have , and do daily take advantages for their tythes , of new tillage , and other improvements of land , which ought to be proportionably answered to the king . the bishops , and all other persons in spiritual dignities and promotions , may raise a full tenth part to be paid by their tenants , who offers now to advance so much besides the old reserved rents , and also to repair the ruins of their cathedral churches . six proposals to the king . . that the said petitioners will discharge the said debt of fifty thousand pounds due from the crown , as mentioned in their petition , and give good security for the payment of sixty thousand pounds yearly rent unto his majesty , his heirs or successours , kings of england , during the said term of one and thirty years , without any defalkation , other charges , or reprisal whatsoever . . that the petitioners will not take any first-fruits or tenths , of such benefice or living , which is appropriated to the cure of souls , that upon due examination and enquiry , shall not be indifferently found and returned at the full yearly value of thirty pounds upon the survey . . that no hospital , colledge , or schole shall pay any first-fruits or tents . . that the bishop shall not be troubled with the care or charge of collection of first-fruits or tenths , within his diocess : but be wholly busied in the other spiritual affairs of the church , and cure of souls . . that all ministers who were settled in livings , before the th . of may la● . and have already compounded for their first fruits , shall be discharged accordingly . . that the petitioners will prepare a bill that the said patent for one a●d thirty years may be confi●med by parliament , ( with his majestyes concurrence ) to the petitioners , containing such covenants ▪ clauses ▪ provisoes , conditions , and agreements , as the attorney general , and the rest of his majesties council , learned in the law shall reasonably advice and direct , whereby all legall power and authority may be granted and confirmed to the petitioners , to tax , levie , and receive the said first-fr●its and tenths , in as large and ample a manner , as by the said laws and statutes , the same were granted to the kings and queens of england , as aforesaid . three proposals offered to the clergie . . that upon the nomination , appointment , election , or presentation of a●● spiritual person , into t●e said dignities , benefices , or promotions , and before they enter into the actual possession thereof , they shall be bound in a recognizance , in the nature of a statute staple , with two sufficient sureties to pay the first fruits , according to the full value , as shall be returned upon a survey , payable within four years , after such nomination , election , presentation , or entrance , at eight severall payments , by equal portions ●very six moneths , and that one years tenths of every such dignity , benefice , or promotion , shall be deducted out of the said first-fruits . . that whereas by the liberty and disorder of the late depraved times , the clergie were not held in such reverence and esteem by the common people , as the dignity of their calling requires . and they have been forced to commence several actions for their tythes , and by reason of contentio●s and distempered spirits , the preaching of the word of god , hath been unprofitable to the people , that have taken aprejudice against the ministery . therefore a short bill shall be prepared by counsel , and offered to the parliam●nt , that an act may be passed for the speedy recovering of tythes , and that the two next iustices of the peace adjacent to the place , may have power upon complaint of any minister , or other person to whom the tythes do , or shall belong , to issue their warrants yo distrain the goods and chattels of any person or persons refussing to pay their tythes to whom they shall become due and payable as aforesaid . that love and vnity may be preserved between the ministers and their congregations . . that it shall be proposed to his majesty , that forthwith conmissions m●y be issued out in his majesties name throughout england and wales , to examine and finde out the full values of all dignities , benefices , parsonages and other spiritual promotions aforesaid to return the surveys ther●of , with the names of the patrons , and present incumbents , ( and in the mean time to suspend all proceedings in the first-fruits office ) and that his majesty would be pleased to appoint thomas coleman to be secretary for pres●ntations , ( of all such livings as shall be in his majesties dispose ) who is a fit person for that imployment , and will wholly intend his majesties service therein : to the end , that his majesty may be fully informed of the true value of those livings , that well qualified persons may be preferred , answerable to such promotions . and whereas for the ease of his majesty , several livings and promotions were heretofore in the lord chancellour , or lord keepers dispose , to be so continued , notwithstanding any new return of a greater value . further arguments will be given by the petitioners ▪ in convenient time , conducing both to the advantage of the king , and the benefit of the clergy as occasion requires . all which is humbly submitted to the considerations of his majesty , the lord chancellour , lord high treasurer , and lord chief baron , &c. g. c. october the th . . notes, typically marginal, from the original text notes for div a e- note , the current money of england much infeebled since those times . see the severall presidents and commissions with returns of full values in queen elizabeth's time . felix nullo que ut esse modo populus , cujus gubernandi potestas non penès regem sit divitem . felicia illa olim tempora , in quibus majus subditorum animis insedit utilitatis regiae studium , quam rerum suarum curae fa as king james was to the church of scotland . vide lord burley's speech to queen elizabeth . ●elode se est , quisquis de jure regali demit . the present yearly revenue not fifteen thousand pounds , all charges deducted . see selden upon tyhes of the eastern countries . vide sir henry yelverton's advice to king james . vide doctour iohn gerson in his treatise called regulae morales . necessary that an assistant be to the secretaries of state by reason of their m●ny other ●eighty affairs . of the right of tithes a divinity determination in the publike divinity schools of the university of cambridg / by ... lancelot andrews ... ; translated for the benefit of the public. theologica determinatio de decimis. english andrewes, lancelot, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) of the right of tithes a divinity determination in the publike divinity schools of the university of cambridg / by ... lancelot andrews ... ; translated for the benefit of the public. theologica determinatio de decimis. english andrewes, lancelot, - . p. printed for andrew hebb ..., london : . translation of: theologica determinatio de decimis. reproduction of original in bodleian library. eng tithes -- england. a r (wing a ). civilwar no of the right of tithes. a divinity determination in the publike divinity schools of the university of cambridg· by the right reverend father andrewes, lancelot f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion of the right of tithes . a divinity determination in the publike divinity schools of the university of cambridg . by the right reverend father in god lancelot andrews : late lord bishop of winchester . when he proceeded doctor in divinity . translated for the benefit of the publike . cor. . . do ye not know that they which minister about holy things , live of the things of the temple ? and they which wait at the altar , are partakers with the altar ? vers. . even so hath the lord ordained , that they which preach the gospel , should live of the gospel . london , printed for andrew hebb , at the bell in s. pauls church-yard . . tithes ought not to be abrogated . that such anciently were the manners of men , and such the times , wherein the condition of the priesthood was sumptuous , and most flourishing , not onely with those truly excellent ornaments of learning , but also with those of riches and preferments , history the witness of truth is a sufficient evidence : among the heathen , theophr●stus is my author , that in stead of the tithe ( wherin notwithstanding we take our selves to be very bountiful ) the thirds were paid . among the iews , philo reporteth , that the wealth of the c●rban was oftimes the object of envy to the neighboring kings . among the christians , as in other nations , so truly in this our , it is certain , that the desire to increase the revenue of the clergy proceeded to such a height , that it was greatly to be feared , lest the church should swallow up the common-wealth : that therefore it was seasonably taken into consideration then , ( and so is now , when there is little need of caution ) that no lands should be bequeathed in mortmane , i. e. to sacred uses , without the royal patent . such anciently were the manners of men , and such the times . while mens manners , and the times were such , a disputation touching the right of tithes was nor doubtful , nor necessary . but at length in this our age , when , as commonly old men so , the world growing old , is wholly set upon money , there is a general chiragra , an epidemical gout in the hand . there are no improvements to the clergy , would that were all : there are frequent impairings . i say , frequent impairings ; and i wish it might onely be said , there are ; and that there might never be cause of using the future tense . but to this humor of the present age , ( wherein , what for that unholy hunger after gold , there is nothing esteemed holy ) we may adde another error , that those worthies , not to be named without all honorable respect , whose help god made use of for the reformation of religion , were very solicitous for the reformation of doctrine , but less attended the churches patrimony ; and almost said what the king of sodom did to abraham , give us the souls , and take the rest to you . but as they , who thought they should finde the baptist in kings courts ; so they , who thought they should finde abraham there , were both deceived . which error , though a small one , ( and a small one indeed it is , if we compare it with those great and famous acts performed by them ) yet , we may justly fear , will lie heavy upon succeeding ages ; an which true-hearted honest men ( from that of solomon , where no oxen are , the crib is clean ) presage barbarism , or somewhat worse , which i will not speak of ; falsly perchance , and i pray god it prove so . but not rashly , i am sure , not without cause . and indeed they ought to have withstood the beginings ( as we say ) and have snatched this sweet bit from this eating and drinking age , which perverts all to most detestable use ; and have taken care not onely of increasing the light , but also of allowing oil . which because not done , this evil spreds daily more and more , and the devourers of church-revenues whisper up and down in corners , as most an end the maner is , that the church may be impleaded and sued for the remainder of tithes ; and thereupon finde out new quirks to put her in a worse condition ; then , talk of a stipend : finally , so turn themselves on all sides , that the clergy may at last say it to their sorrow , their sowing or their mowing is nothing to us . to pass by other things , as lost and gone by prescription , i shall make bold to plead for tithes and shall thereupon challenge them , who are otherwise minded , and prove that the tithes , of the yeerly comings in , are by the highest equity due to the clergy ; and that no parliaments , no lords or commons can settle that affair more wisely , then it was of old provided for by the sacred law ; then god , the lawyer himself . ( so absolute , that iustinian is no body to him ) had proclaimed many ages since . i am to treat of a hard point , nor is there any by whose candle i shall light mine : wherefore it will be your part , reverend brethren , if i shall compass my designe , to do as you do ; but if i shall fail , or come short of it , to vouchsafe your pardon , as is meet , to me the first that make experiment . tithes ought not to be abrogated . i need not explain terms . who knows not , what the tithe is , one part of ten ? or who doubts , what it is to abrogate ? either , to unsettle , what is settled by law : or , in stead thereof , to appoint a stipend . let us therefore set about the businesse . what christ did in the cause of div●rc● , i conceive to be of great con●ernment . first of all to inquire , how any matter stood in the begining . in the flux of time many things are changed : the begining is the most certain rule and iudg. i demand therefore , who was the first that received t●●he ? that great man melchisedek , to whom abraham gave the t●he of all . melchisedek received tithe from abraham ; but were they free , or due ? voluntary , or by law ? if free and voluntary , the argument is of no force , and the apostle puts a trick upon the hebrews , when he compares the levites with him . for the reason is not alike : the levites require their titbe by law , for they have a commandment to take tithe of the people : melchisedek his , because abraham would , not because he ought . again , if this service were voluntary and free , melchisedek were no with better then abraham . for what hindereth but that i may debase my self , and do voluntary honor ( if i please ) even to my inferi●● ? my civility indeed would be the more commended . but if , upon both these considerations , this were absurd , it follows that he paid tithe not as a voluntier , but as they were due by law . concerning the law then , i demand again ; by what law ? not of sacrifice ; for he offered none : of blessing then , it 's clear . for there is a coherence betwixt these two ; melchisedek blessed , and abraham paid tithe . now i assume . tithes are due to mel●hisedek blessing . the same right remaineth under christ . how can that be made to appear ? out of the . verse of the . chapter to the hebrews . there is no change of the law , but by the change of the priesthood . but there is the same priesthood of christ , and of melchisedek ; for which , if need be , god himself will give us his oath . therefore there is the same right under both . tithes therefore are due to christ , in whom , and from whom , and by whom we are all blessed : he himself blessed for ever . which , it is but equal , that they should receive in the name of christ , who bless us in the name of christ . for even melchisedeks blessing was but from man , though in the person and name of christ . therefore the right of tithes remaineth under christ . i had not thought there had been any born with so unfortunate a genius , under so unhappy a planet , as to say , that tithes were paid to melchisedek as a king . but i have found one that saith so ; see you , how without all reason . . the levites have right to tithes : they have , as gods vicars : 't is true , they are : but are they gods vicars : as god is a king ? o what a multitude of kings should we have ! . moses saith not that tithes were paid to him as making a royal banquet , but as blessing ; which not with standing should have been said , if they had been paid to him , under that notion , as symbols of that power . . the apostle , upon that payment of tithes , grounds not his kingdom , but his priesthood . . lastly , there are as many adversaries to that opinion , as interpreters : even the r●bbins themselves , whose that gloss is [ because he was a priest ] therefore abraham gave him tithe . you see the force of the argument : and this you likewise see , that , whatever is brought against it , comes miserably short . i shall pass from abraham ; and yet not far . my next reason shall be from ●●●ob , who was also the father of the faithful , from whom we received the sirname of the israel of god : and of whom , i doubt not , but , what saint peter concerning sara , ( as she obeved ) the like will you conclude . he therefore , vows a vow . if the lord will be with me , and keep me , and will give me bread to eat , and taiment to put on : then , of all that he shall give me , i will surely give the tithe to him . you will grant , i know , that this was no will-worship ; for then iacob should have vowed , what the lord had disavowed . therefore , doubtless , he relied upon the divine will : the command is the interpreter of that will . moreover , the reason of the command must necessarily be this : on whom the lord shall bestow such favors , as he did on iacob , he must be bound to the lord by the same law : for , unless it were so , the reason of the command would be uncertain ; and so the command ; and so the consequence ; and so , finally , the vow it self . but if this reason be full of reason , and the equity thereof , as is meet , extend it self to all ; is there any man will deny this law was made for him , who shall confess , both , that he received all from god● and ought to return them to god again ? and this reason may satisfie any private man , why he should pay ; and that assigned by god , why the clergy should receive tithe ; ye ●hall eat it in every place , ye and your housholds , because it is your reward for your service : as also that of king hezeki●h , that they might be incourage● in the law of the lord . the conclusion in both places is this , let them receive tithe : which in both places would be weak , if the major proposition be not universal . tithe is the reward of service ; tithe belongs to them who attend the explication of the law . otherwise the patriarch iacobs if , and the prophet moses's because , and king hezekiahs that , would all totter . but if they do not , then , doubtless tithes are the reward of the priesthood . let all , that give themselves to the exposition of the law , receive tithes . the reason is evident . i adde this further : since gods blessing of his goods is the medium that iacob ; the reward of the priests service the medium that moses ; the study of the law the medium that hezekiah useth ; and these three are perpetual , nor circumscribed by place , nor defined by time , but belonging as well to christians , as to ●ews ; there will be the same condition of the precept : for it is truly and wisely determined by the lawyer , as is the reason of the precept , such is the precept , it self . the third reason is taken from the prophet m●lachy , where the observation of this precept is established with a solemn blessing , and the violation with a severe and bitter curse . and indeed if tithes were ceremonial , as some are very earnest to have them , the prophets would cast them away ; would never urge them so carefully ; they would suffer them to wax cold ; would never speak of them so highly . this is not their usual maner : but , if the ceremonies were never so carefully looked to , not to promise so great happiness ; nor , if neglected , to threaten so sore judgements . and least any should think this reason to no purpose , the fathers used no other in the councel of tribur . tithes are to be paid , that god being appeased by this our devotion , may more plenteously bestow those things that are necessary . the fathers in the synod of mentz no other . tithes are to be paid ; for it is to be feared , that if any take away what is due to god , god will , for his sin , take away necessaries from him . saint augustine , a substantial author , no other . our forefathers abounded with wealth ( and it is not perfunctorily to be passed by that he saith ( our forefathers ) tithes therefore are ancienter then saint augustines time ) because they paid their tithes to god : but now because our devotion to god is decreased , the comings in to the exchequer are 〈◊〉 eased : we would not part with the tithe to god , therefore now all is taken away . the exchequer takes away that , which christ doth , not receive . i pass by saint ierome , as too prolix , who yet was the first who prosecuted this argument in his annotations on the prophet . but , because it is an easie matter to finde tithes under the law , and the credit of the old testament is in this point suspected , go to , let us seek in the new , and set our foot on that ground which seems most slippery to contest on . and first of all i object that place of saint matthew , the words of christ himself : these ought ye to have done , and not to leave the other undone . this place i do not , ( for why should i assume that to my self , which is none of mine ? ) the ancient church urgeth thus . tithes , which christ himself hath commanded not to leave undone , the decrees of princes ought not give order to leave undone . now who knows not the assumption ? but this reason hath the greater strength , because , when , in some places before , the discourse first ; and afterward the practise of washing of hands , of rubing the ears of corn , and other ceremonies had been faln upon , christ , not unwarily , omiteth those particulars , defendeth their omission of them , and , which is more to be wondred at , doth himself authorize the people to omit them . but , concerning this of tithe , his words are express , ye ought not to leave them undone . nay , which is of more weight yet , when the discourse was of matters of greatest importance , of mercy and judgement , and that in the same paragraph ( as i may say ) he makes a law , as for the doing of the one , so , for the non-omission of the other . what seek ye more ? no man can easily imagine , in how great esteem this argument was with the primitive church . i shall give you two of many . one whereof shall speak for the greek church , the other for the latine . saint chrysostome , his words are these : worthily doth our saviour adde , these things ought ye to do ; for alms is a tithe . now alms cannot hurt possibly . for we ought not to do them , as observers of the law ; neither doth he say we ought ; but these things ought yet to do . for when formerly he disputed of clean and unclean , he added not there , these things ought ye to do : but manifestly he overthrew them . wherefore , brethren , he speaketh of tithe , these things ought ye to do ; but concerning their washings he speaketh not so : the words , as you see , are a little differing , the sense is not differing . now hear saint augustine in his enchirid : to laurentius , cap. . wo be to you , pharisees , who tithe every herb : as if he would say : indeed i exhorted you to give alms , by which all things would be clean unto you ; but wo to you who tithe herbs . for these i knew to be your alms , think not that i admonished you concerning then . and a little after ( for it would be troublesome to put in all : ) but lest he should seem to refuse those alms , which are given of the fruits of the earth , these ( saith he ) ye ought to do , that is , judgement and charity ; and yet , neverthelesse , not to omit the other , that is , alms of the fruits of the earth . i need adde no gloss . i study brevity : and put you in minde of one thing , ( though there be no need , i know , ye observed it ) that tithes both by s. chrysostome and s. augustine are refered to the common-place of alms. some are of another opinion : i will not greatly contend ; for i had rather it should be accounted a sacred tribute , then alms. but this place is safe enough : and by it they gain thus much , that tithes ought not to be abrogated . i proceed now to the fifth : and , or i am much deceived , it may be concluded from s. paul , that tithes are to be retained even under christ . in the sixt chapter to the galathians , verse sixt , let him that is taught in the word , communicate to him that teacheth in all good things . which words seem to me to sound like those in the seventh chapter to the hebrews , verse the second , he gave the tenth of all , like those , gen. . . of all , in all , what difference ? that it may be no light conceipt , that the apostle doth allude to that of genesis : and that he doth covertly insinuate that communication , which was used by abraham , who is to be imitated in all things , as much as may be , by the children of his faith . but what if so ? that precept , which doth best provide for communication in all good things , is not to be antiquated ; and there is no question to be made , but that was a law for tithe . for by that , there is a true , and ( if by your leave i may , i will say ) a 〈◊〉 communication of all good things , both of fruits , and of all other productions , of the earth , of plants , of beasts ; you may by your selves make up the rest of the induction . substitute in place thereof a stipend , payment by the poll , or a rate upon houses , there will be many errors ; part will be concealed , part will be substracted ; i dare say , there will be no communication in all good things . lastly , though all possible caution be used , the communication of a pension will be onely analogical : but i have learned long since , and nature , law and reason perswade thus much , that , where we may have the thing it self , we should not trouble our selves about the analogy : wherefore in the communication betwixt the pastor and his flock , if the truth it self of the thing , of the communication , may be had in all good things , ( and it may be had ) those stipendiary proportions are not to be sought after , or rather ( for that is too little a great deal ) are utterly to be rejected . further , let this be a sixt argument . that political law concerning tithes did sometime binde the church : it cannot be denied . but it was never made voide : therefore it bindes now too . what things were abolished , the apostle sheweth , ephes. . . those things which were the middle partition wall , first , betwixt god and man ; secondly , betwixt man and man , i. e. the iews and gentiles . we are excluded from the first member of the division ; for god commanded tithes : therefore they do not displease him . and also from the latter ; for there was peace on all hands , in the point of tithes ; which the heathen did pay annually to their , ( as i shall shew anon ) as well as the iews to their priests . but that the other part of the political law was excepted , this may be an argument , because it is esteemed by king david , psal. . , . a great blessing : and i shall hardly be brought to beleeve that the death of christ deprived us of any blessing . besides , if it were wholly cancelled , saint paul offended against the rules of law , when in the cor. . . he brought a testimony from deut. . . that is , from an antiquated law . but that controversie runs into another : i will not prosecute it . but this i will , out of the seventh to the hebrews verse eighteenth , which shall be my seventh argument . and it is if i mistake not , as a most fair place , so , most apposite to this controversie . there is verily a disanulling of the commandment going before , for the weakness and unprofitableness thereof . so that no law is to be antiquated or disanulled , which is not either weak or unprofitable . the law concerning tithes is a law going before , an ancient law : let any man shew me either the weakness or unprofitableness thereof , i will joyn hands and grant the cause ; let this thesis pass the sponge for me . but this law hath strength , as much as any law , ever had , is like to have , can possibly have , from the author , consent , multitude , custome ; and that , lastly , not the mute or silent , but the express and clear approbation of all ages . and its use too : for it hath a long time been imployed , without complaint of any , to that use , to which it was appointed : and , unless the sinews of it had been cut by certain improper proprietaries , it had been better imploy'd , neither would the church have ever complained in that point . on the other side , ( which shall be my eighth argument ) with how unhappy success hath it been changed in some places ? and where stipends are substituted in lieu of tithes , how many deceipts , difficulties , complaints ? how many weaknesses and unprofitablenesses ? this , where tithes are yet intire , may easily induce us to this opinion , that they ought not to be repealed ; and where they are repealed , that they ought ( unless it be wholly impossible ) to be revoked . geneva payeth fourty pounds , a poor matter , god knows ; yet it is calvins complaint in many places of his commentaries ( modest enough , as became him , but loud enough ) that the stipends were but niggardly paid . in the sixt to the galatians , and the fourty seventh of genesis . scotland also hath exempted it self from tithes . there is in print a complaint of iohn knox , exhibited in the name of the ministers to the parliament at edinburgh , anno domini , december . when i read the eighth leaf of it , it pities me for them : i say no more , but what the boys use to sing , felix quem faciunt , &c. happy they , whom other mens harms make to beware . those fathers , whom i lately named , provided much wiser in this point , both for themselves and us . i come to them . we have had arguments enough from holy scriptures : and there is none of you ( i hope ) but will willingly admit the practise of the whole church for an argument . i touched it lightly before : now i apply my self wholly to that . i say , of the whole church : i change not a word . and , first , of the aphrican : for which let saint augustine the glory of aphrica speak , in his sermon , de tempore , which is wholly and professedly upon the point of paying tithes . he begins thus . by the favor of christ ( christian brethren ) the dayes are now at hand , in which we ought to gather in the harvest , and therefore let us give thanks to god who gave all , and think of offering , or rather paying our tithes : ( and a little after : ) for we offer tithes of duty , and he that will not pay them , takes by force that which belongs to another . you shall have at once both the practise of the church , and the opinion of the fathers touching this matter . of the italian church : but for that let saint ambrose , the bishop of millan speak , in his sermon of lent , ( as it is quoted in the decrees ) whosoever shall call to minde by himself , that he hath not paid his tithes faithfully , let him now amend what he did amiss . but what is it to pay faithfully , but not to offer either worse , or less then is due of your corn , wine , fruits , cattle , garden , trade , hunting ? for he that will not pay to god the tithes , which he holdeth , nor restore to man what he hath unjustly taken away , doth not as yet fear god , and is ignorant what true repentance is . let these su●●ice for the western church . and saint chryso●tome for the eastern , if this were the maner under the old testament , how much more under the new ? for what did not they do ? they paid tithes , again and again , to the orphans , to the widows , to the proselytes . but some haply may wonder and say , such a man paid tithe : what a shame is this ? if that which was no wonder among the jews , should be a wonder among christians . if there were danger in it to leave tithes unpaid then , consider what it is to leave them unpaid now . for saint ierome i am in suspense , which church to attribute him to , but will not exclude him though : for he will be a most full witness , as being one who had seen most mens maners and most places . thus he on the third of the prophet malachi . ( for i pass by his epistle to nepotian , where he saith that he lives of tithes . ) the words are these . what we said concerning tithes , which anciently were paid to the priests and levites ; understand that the same ought to be done by the people living in the church under the gospel , to whom it is commanded , not onely to pay tithe , but also to sell all and follow the lord . which if we will not do , let us at least imitate the jews in this , to give part of all , and give that which is due unto the priests . which whosoever shall not do , is s●fficiently convicted to de●raud and suppl●nt god , and is cursed with sc●rcity and want of all things . very well , all this is true , they say . but the church was now in peace , and began to set her minde , too much , on riches . but what say you of that other , under the cross ? of that , which was so full of glorious martyrs ? although it be an unjust demand , that the church should be in no better condition when flourishing , then when afflicted , yet they shall not scape so : to that i apply my self . the same did the church ever think concerning tithes , both when she suffered persecution , and when she was free from it . for the western church let saint cypri●n speak . which very reason and form 〈◊〉 now held among the clergy , that they who by clerical ordination are promoted in the church of god , should not depart from the altar and the sacrifices , but receive tithes of the fruits of the earth under the honorable name of the brethren who live of the sportula , i. e. of the oblations of the church . for the eastern , let origen who was ancienter then s. cyprian . how then doth our righteousness exceed the righteousness of the scribes and pharisees , if they dare not taste of the fruits , before the tithes be set apart for the levites , and i , doing no such thing , so abuse the fruits of the earth , that the priest knoweth not , the levite is ignorant , and the holy altar partaketh not , of any such performance ? and then he concludes : this we have spoke to this end , affirming that this command ( concerning tithes ) ought to stand even according to the letter . and before origen , s. clement of alexandria ( who was neerer to christs time , and almost touched upon the first century ) speaks full to this . the paying tithes of our fruits , and of our cattle , teacheth us piety to god , and not to be altogether in love with gain , but to make the priests partakers of our loving affection , and charity . now i think these passages may satisfie the desires of the most unreasonable , to shew the intent and custome of the church . but if any shall object , and say , private men thought so indeed , the sentence of particular men is oftentimes sudden , and , what the heat of their brain shall suggest to them , that they set down in writing : no news of any deliberation , disputation , determination all this while : all these are indeed in councils : shew it there if you can . i will take them at this challenge ; and onely wish they would be bound to stand to them . and to begin with a council in englan● , in the yeer and , under theodore archbishop of canterbury . in the second canon thereof , provision is made concerning parishes ; now parishes and tithes ( if we may beleeve the canonists ) are reciprocal . but this is more yet , that they wholly subscribe to the council of chalcedon , in which tithes are confirmed . which two things do sufficiently prove , that both the payment of tithes , and the division of parishes were anciently among us , and that they are not such upstarts , as some fondly have imagined . about the same time also was a council summoned at mentz , in the seventh chapter whereof , we read thus . we admonish and command , that tithes , which god hath appointed to be paid to him , be in no case omited to be paid : and they adde this penalty , whosoever shall after due admonition neglect to pay tithes , let them be excommunicated . the second at matiscon , almost yeers before that , cap. . the divine laws have commanded tithes to be paid , which laws all christians have a long time kept inviolate . and it concludes thus : we do therefore ordain that the ancient custome of the faithful be restored . but if any shall be obstinate , let him be for ever separated from the members of the church . before that , the first at aurange , cap. . concerning tithes thus we ordain , that every yeer the fourths , or every fourth yeer the whole . tithe be paid to the bishop . i pass by the second at toledo , and the third at arles : i come to that at chalcedon , one of the four first and principal . touching which , we read thus in the fourteenth chapter of the council at tribur . it hath pleased this council , that tithes and all other their possessions be preserved to the ancient churches , as was decreed in the holy council at chalcedan , cap. . you have heard the councils speak : and that upon mature deliberation , disputation , determination ; that they did establish , not define ; confirm , not appoint , tithes ; that they were formerly granted by private consent , and suffrage of the fact , as they speak ; before they went to the councils . for subscription in the first council ; admonition in the second ; prescription of long time in the third ; conservation and penalties in the fourth ; do import rather an approving and ratification , then an indiction or appointment of them . but now forsooth , all the question is about the ius , or law ; and thence we must derive either the institution or the abrogation of them : thither therefore they betake themselves : and truly i will not b●lk the law , nor the policy of either body , canonical or civil . for even from thence i have collected a few passages to this purpose : sparingly indeed as becomes a divine ; but abundantly enough to our purpose . nor indeed shall ye need to fear that we will take any from the decretals ; we shall be very scrupulous how we meddle with those dregs . onely some few passages we shall make use of from the more sound decrees ; and those too before the yeer . the decree of symmachus the first . whosoever shall dispose of the tithes without the consent of the bishop , let him be anathem● . again , of anastasius the first , whosoever shall detain his tithes , let him be suspended from the communion . in the . chap. of the decrees of ●●●●sius , it is meet that there be four parts made as well of the revenues of the tithes , as of the oblations of the faithful , as was long since decreed with great reason . but if parishes and tithes , bishops stipends and tithes , clergy and tithes be reciprocal , as the experienced in those laws are of opinion , then we may carry up this point a great deal higher , even to the second epistle of calixt●s the first , to the first epistle of urban the first , up to the very times of iustin martyr . although , were there none of all these , yet the canon which is dist . ( let that c●sto●e , which is not known to ●surp any thing against the catholike faith , stand firm , ) especially being supported with the judgement of saint augustine , and saint ●erome , ( whose opinion it is , that as the prevaricators of the divine laws , so , the contemners of ecclesiastical customes are to be curbed ) may be strong enough against the abregation of tithes . as for the civil law ( that we may satisfie our polititians ; ) that is so far from the opinion that they may be abrogated , that it frees them from all injury by prescription , which , nevertheless , by it self alone , in other cases cancels laws . for so we have it in the seventh book of the code . tithes by the command of god are set apart for the priests , that they , who are accounted of the lords inheritance , should live of his inheritance . they cannot therefore by privilege of any be granted to lay-men , lest the authority of the supreme magistrate should prejudice the divine command . and also in the authenticks , in the same title : thus ●ustinian . but if any private man shall possess tithes , either without title , or with title , he cannot be secure by any prescription of time . for those things cannot be strengthened by tract of time , which , by right , could be of no effect at the begining . i have other testimonies at hand ; but i promised brevity . the em●erors ( as you have heard ) are of opinion , that the things which belong to god may not be abdicated . the scriptures , the fathers , the councils , both laws , are with and for us . now , unless reason be against us , we are safe . to that , therefore , we come in the thirteenth place . but , there , to proceed distinctly , i shall divide this one question into three members . first , whether reason will that there be a c●rtain allowance to the ministers of the gospel ? secondly , whether this ●●t of the ●eerly profits ? thirdly , out of what part ? for the first : the business is long since brought to this pass by saint paul . the ministers of the gospel have a power to eat and drink , and not to work : the reason . every laborer is worthy of his hire . whether he cut his own vine , or feed his own flock : and , the ox must not be muzzled that treadeth out the corn . this is one degree . secondly , but if any laborer , much more laborers in the common-wealth . every souldier warreth at the publike charge , not at his own . they that assist the common-wealth are to be assisted by the common - wealth . but a minister of the gospel is a laborer and assistant of the common-wealth . this is a second degree . thirdly , but if he must be maintained , who is any way profitable to the common-wealth ; he , whose help she useth in spiritual and eternal things , much more ; and , if it might be , with such additions of fortune , as they use to be honored with , who have deserved well of the republike . for all reward is beneath the merit of this , and there is no comparison betwixt spiritual sowing , and carnal reaping . wherefore , without doubt , carnal things are due to them who sow spiritual . i come to the second member ; whether out of the yeerly profits ? postellus , a man of great learning , is of this opinion , that this is a common principle engrafted in all by nature , viz. that a certain portion of the yeerly profits be paid to the ministers of the holy things . for it is just and agreeable to reason , that there be a yeerly sacred tribute , wherewith we should sacrifice to god , for the increase of our estate , as we use to keep anniversary solemnities in thankfulness . and there is all the reason in the world for it : but whether should this be out of the profits of the groun● , or by a pecuniary reward ? reason would the former . for in all created things there is the image , and ( as i may so speak ) the superscription of god , as there is in coins of the king . the tribute is distinguished by the inscription . wherefore the kings fifteens , and subsidies ( as they call them ) have the royal impression . the divine tribute is not silver or brass stampt with the image of a man , but of god himself ; as there is in all creatures a character of the divine power , wisdom , and mercy . of that therefore let the sacred tribute be . would you have another ? reason will , that the minister of the gospel should receive his reward that way , wherein there may be equality of fortune , wherein the mutual participation of plenty and want , of joy and grief in common with the people may redound to him . it is expedient it be so . for is he sustained with the annual profits ? is it fair weather ? he is glad , he rejoyceth , he sings praise to god no less willingly , then any husbandman : for he hath his share in that fair weather . is it tempestuous ? he sighes , he groans , he falls to his prayers , no less fervently , then any husbandman : for he hath his share too in that tempestuous weather . sympathy , and communion , that great bond of nature , of the common-wealth , and of the church , is conserved and maintained . on the contrary : is he sustained by an yeerly stipend ? be there seasonable showres ? the people rejoyce ; he rejoyceth not : for ( as we said in the begining ) their sowing or their mowing is nothing to him . comes there an unseasonable drought ? the people mourn ; he mou●●eth not : for their sowing or their mowing is nothing to him . sympathy , that great bond of nature , of the common-wealth , of the church , is dissolved . this ought not to be so : wherefore that reason is the better , which pleadeth for the fruits of the earth . i proceed to the third : what part ? the tenth . they say , that the positive law ( for that is their expression ) is the determination of the law of nature . the law of nature determineth the death of a murtherer : but the positive law , the kinde of death . again they say , the law of nature determineth a stipend to him that ministreth about holy things : but the positive law , the measure of the tax . yes , haply in things pertaining to the common-wealth , there is a limitation by the positive law : but in divine , in taxing for the chur●h , we grant it not . god is as careful for our sustenance , as he was for the levites : there was nothing then reserved to the positive law ; nor therefore now . this whole point may be dispatched by reason . the levites had right to tithes : but the ministry of the gospel , as it is more excellent in nature , and more eminent in dignity , so , is more profitable in its use , then was theirs . our people receive more and greater benefits from us ; therefore they ought to pay more , reason presently insinuates . what a shame is it , that christians , who owe more , should not pay as much ? if therefore men would hearken to reason , we might possibly receive more ample fruits ; not , likely , less . for tithe hath all the points of equity in it . it was chosen by god ; and so not without great reason ; and therefore not , without great reason , to be rejected . what is alleaged to the contrary ? one or two , i know not what , scarce worth the name of reasons ; not so much as a shadow of what we may call great reason , nay indeed not of any poor and mean . most equal and reasonable it is in respect of the constitution . excellently saint augustine : for what if god should say , thou art mine , o man ; this earth , which thou tillest , is mine ; these seeds , which thou sowest , are mine ; these beasts , which thou imployest , mine ; the rain and showers , mine ; the sun and heat , mine ; all mine ; thou which lendest onely thy hand , deservest onely the tithe ; but i grant nine to thee , give me the tithe . if thou wilt not give me the tithe , i will take away the nine : if thou wilt give me the tithe , i will multiply the nine . could a more reasonable speech possibly be made ? most equal and reasonable , in respect of the payment . out of the second to the corinthians , the eighth chapter and the thirteenth verse . for then is any thing most equally disposed , when one is not eased , and another burthened , when it is not too loose for one , too stra●t for another . by this , there is a most exact equality : the rich are not spared , the poor are not opprest : which is the common complaint of the edicts of princes ; the crow , there , better then the dove . most equal and reasonable , even by the very light of nature ; i say , by the very light of nature , such as the very gentiles had ; that is , by that lost , rased , deformed , not renewed law . by what law did ●braham pay ? sure by no politike constitution ( who can possibly perswade that ? ) no , nor by any ceremonial law . for there is no congruity betwixt a ceremony and the eternal priesthood , such as was melchisedeks : therefore by the law of nature . but to return to the gentiles . votive tithes are frequent in their histories . not onely by prime men in their several common-wealths , pausanias the atheni●n , agesilaus the spartan , as xenophon reports . cartalon the carthaginian , camillus the roman , as plutarch : but also by every commoner , stichus in plautus ; by every housholder as we read in plutarch . how so ? who declared to them the measure of the divine portion ? who was his accountant , who so exactly registred it in his notes , that eight parts belonged to the family ; six whereof were to be imployed , two to be laid up ; that the ninth was for seed against the next yeer ; and the tenth was ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) the divine tribute . but indeed they did not onely vow them , neither was their t●●hing onely by vow , or but ever and anon , but it was their annual ●olemn rite and custome . alexander ab alexandro no contemptible author reports , that the ancient romans were wont to pay t●thes of corn , out of their fields , and new broken up grounds . theophrastus saith as much of the egyptians , that they had the like usage . diodorus siculus as much of sicil●a , when she was her own mistress , and not a provinc● . and that this was the very maner of the athenians , we may be convinced from this , because the poorest citizens were called thetes , and that from the letter theta , the note of the number nine ; because , having by estimation , but nine parts onely , they were exempted from paying tithe . finally , it may be collected from the same authors , that those tithes were never imployed to discharge their wages , who executed any temporal or lay office in the common-wealth ; that , at first , and as long as any thing was held religious or holy , they were so too : but afterward were swallowed up in the stomach of the common-wealth . of what credi● it is , i know not , but i remember that musculus relates , that , in the first beginings of the church , the right and use of tithes was taken away from the idol-priests , and instated on the presbyters of the church . but this is most certain that the places of payment and accounts of tithes , though in declining times they fell into the power and possession of kings and princes , did at first belong to the priests . for when in the begining the same men were both kings and priests ( as plato reports of the kings of egypt , and virgil of anius , king anius , king of men , apollo's priest ) the priesthood being afterwards , as too hard and troublesome a companion , transfer'd from themselves to others , they did notwithstanding retain the tithe as a dowry to themselves . but that rather by custome then law , & that a corrupt custom too . for that in the prophet samuel is no description of a good king , but a tyrant . which makes me wonder the more at them , who would have the levites tithe to be part of the kings inheritance ; and that kings did part with their own right , when tithes were confer'd upon the church . but this falls to the ground by the example of mel● hisedek , who surpasleth the antiquity , and faith of all histories ; who , both persons , of king and priest , meeting in him , did not receive tithes by right of his kingdom , but his priesthood . i should offend against the time , and against you , if i should produce any more of these mens trifles in this presence ; nor would any pleasure accrue , from thence , to you , nor advantage to the cause . nor do i alleage any new writers , because they for the most part do rather touch upon some heads , and not apply themselves home and strongly to the cause . any , even the most learned author , is otherwise to be esteemed of , when he doth but salute a question , and touch it lightly ; otherwise , when he takes it to task , and thorowly dis●usseth it . and in truth , if i would never so fain bring them forth , yet the scales would hang even , in suspence . for ( to my thinking ) luther , melancthon , brentius , would be for us : calvin , martyr , bucer , go another way . wherefore i will dismiss and leave you to your selves : here shall be an end . two patriarchs , as many prophets , christ , his apostles , the whole church , fathers , councils , history ; both laws , ( civil and canon ) reason , the imperfect pieces and fragments of the heathen , and finally , experience it self have brought in their evidence for tithes . which if they seem to you to deserve your vote and suffrage , and to have spoken home and good reason , be you , if you please , with me , of the same minde and judgment . that tithes ought not to be abrogated . s. matth. . . wo unto you scribes and pharisees , hypocrites , for ye pay tithe of mint , and anise , and cumin , and have ●mited the weightier matters of the law , iudgment , mercy , and faith : these ought ye to have done , and not to leave the other undone . finis . decemb. , . imprimatur , john downame . notes, typically marginal, from the original text notes for div a e- l. . de plantis , c. . gen ● . luke . prov. argu. i. gen . heb . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} heb. . . ps. . argu. . pet. . . gen . , , . num. . . chron. . . 〈◊〉 argu. . cap. . v. , . cap. . cap. . hom. lib. . c. . argu. . matth. . . homil . in ● . matth. argu. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} argu. . argu. . argu. . argu. . p. . c. ● q. . . hom● . ●● in epis●●●d● ph●s . e●ist . . ●d f●rnit . ●om . . in . num ● . stromat . . ed●● . v●rone●s . ●ol . . arg. . argu. . cap. . q. . ad casulan . ad luci● . arg. . tit. de praes●riptione , ●●ge an●sta● s●● arg. . ● cor. . in prytanaeo . de orbis concordia . l. . c. . cor . , . ● . . rerum graecarum . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} q . geni●l . dierum li● . . cap. . de plantis . sub in●t . in gen. c. . sam. . . respublica de decimis. written by sir vvilliam cockburne of langtoun knight cockburn, william, sir, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) respublica de decimis. written by sir vvilliam cockburne of langtoun knight cockburn, william, sir, d. . [ ], , [ ] p. : ill. printed by iohn wreittoun, edinburgh : anno domini . signed: respublica. addressing abuses in tithing. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tithes -- great britain -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion respvblica de decimis . written by sir vvilliam cockburne of langtovn knight . edinbvrgh , printed by iohn wreittoun anno domini . to the right honourable and my noble parts , my lords commissioners appoynted for reformation of diuerse abuses , and first of tithes . reason , by reason of some secreet surmising ( beleeued by the weaker minds , and fostred by the more particularie inclined ) that no reformation annent that matter of tithes is intended , hath imployed mee ( as one , whose interest it principally or rather onlie concernes , ) faithfully to report vnto your ll. the true mind of every severall part of my composition : as i haue receaued it from him my over lord directour and resumer of euery particulare thought , not only of euery particular partie in this businesse , but euen of euerie particular person in whatsoeuer businesse hath potentia truely to thinke . but if any man bee curious to see my procuratory , let him search the hollow of his owne breast , there shall hee finde it . the mind of the king my head . ovr gratious soueraigne aimes nowise to prejudge any mans right , nor to vrge any man further than what hee is tyed vnto by law : but only out of his princely care , of my benefite intends a reformation of all abuses , and first of tithes ; which is vnderstood to bee threefold . first , the abuse of their dedication by him who only is proprietar therof , god , the tithes are mine , and i haue giuen them to the leuite , whereby is easily perceiued that the pastors and instructers in true knowledge , and the worship of god , are [ ante omnia ] to bee sustained , entertained and maintained , euery man in his place or degree of imployment , by whom the church is builded , and euery particular person is formed a liuing stone for raising thereof , the chiefe corner remaining , christ . secondly , of vplifting the same , whereby the fruites of the ground are subject to many inconvenients , partly by the sloath , and partly by the malice of tith-possessours the one beeing carelesse to separate the same from the stocke in due time , and the other maliciously refusing to doe it in due time ; wherby the stock in these cold and northerne partes are subject to the hazard of many inconvenients , by tempestuous weather : as also comming to tithe , they bring with them such a confluence of men and beasts , like locustes ouershadowing the face of the earth , running through euery corne field , that the poore labourer of the ground is not able to see the destruction of his fruites , his body not beeing vbiquiter , and therfore cannot tell of what to complaine . thirdly , by vsurpation vnder the cullour of tithing to intromet with the stock , or a great part thereof , against all reason , law of god , and man : and for reformation of these abuses , willes that the parties justly grieued , giue in their best ouertures unto your ll. of whose duetiefull care his majestie rests sufficientlie assured . the minde of the chvrch my heart . the church is heerewith well pleased , for howbeit it bee without contraversie , that the tith is the lords , and by him giuen to the levite : and therefore may not vnjustly bee acclaimed by the pastours , successours to their function , hauing the charge of gods tabernacle . yet considering that their office is not naturally hereditarie , but by grace and election . and therefore their present maintainance is only to be desired ; since their naturall successours ( as they are their naturall successours ) haue no right to their spirituall possessions : as the levites , whose children were levites , whereby all the church goodes were euer possessed by church-men . againe , considering that they are not restrained from purchasing possessions amongst their brethren the laicks , as the leuites might not inherite nor possesse any possessions among the other tribes , whereby the superabundance of goods , if any they had ; of necessitie behoved flow backe to their brethren the laicks from whence it sprang : otherwise their commodities beeing great , and their labour easie in purchasing the same , they might happily haue conquered all their brethrens possessions , and so twelue tribes should bee reduced in one : and therfore since they are not thus restrained , they desire no more but a competent allowance according to his majesties royall intention aboue specified . as also , they are content that the superplus bee in his majesties power to bee employed for the publicke benefite of the kirke and common-wealth , and for recompensing in some sort of such particular persons as his majestie out of his royall disposition shall thinke himselfe in conscience tyed to considder , in respect of the forme of their acquiring of possession of tythes , howsoeuer the right cannot stand in law. but first of all they desire your ll. consider , how nothing is more necessare for instruction in knowledge , and the worship of god , than the knowledge of letters , the first medium whereby a man , or rather the jmage of god potentiall , is reduced in act . and therefore it is very requisite that every man bee instructed in his youth in the first degree thereof , which is reading , whereby hee is not onlie able to see the ground of all their doctrine [ the scriptures ] whereof they are the explicators , but even to see them , and all explicatours thereof , in their best show from the beginning : and so may become a noble berean deseruing preferment before the thessalonian . for this purpose it is very necessarie , that no paroche bee without a reader and instructer in reading ; the principall entrance to true vnderstanding . the next degrie of letters , is the vnderstanding of subtilities and schoole questions , whereby the deepe of theologie and philosophy may bee dived into . this is not so necessare to bee commonly instructed in euery paroch , yet it is very necessarie it be sufficiently instructed within this kingdome , wherby the enemies of gods flock may finde to their feare not only barking but byting dogs keeping the folds . for this purpose it is necessare that colledges or seminaries bee erected and provyded for , in some the most eminent parts of the kingdome . thus for the generall overtures at this time when your ll. shall think good to put the same in practise , j shall more particularly giue ouertures [ de modo . ] the minde of the barrons my body . the barrons with all humilitie would beg this reformation , and craues no other favour . for howbeit the heeretofore vnjust imployment of tithes , may not vnjustly furnish them a ground to protest against all payment of tyths , and desire a libertie to contribute among themselues for the entertainment of their instructers : yet their hearts can neuer harbour such a thought , when once they remember . first , how forcible nature forces from vs that duetie . for who is so beastly minded or so sensually addicted , to the only care of his sensible part that will not bee content to count with himselfe till hee can count no further , and of all that count pay but one for the nourishment of his soule ? now who is able to reckon aboue ten ? who then shall bee so beastly as to refuse one of ten , except hee bee idem with the beast ? what is more to bee said heereanent , j referre to the more learned pithagorean . secondly , when they considder the antiquitie of this duetie which cain and abel are thought by some to haue payed by their offerings : but it is specially expressed they were payed in the days of abraham , where the authorities both of the giuer and receauer is notable , viz. the first father of the faithfull is the giuer , the receaver wherof is the priest of the most hie god , without father , without mother , without kinred hauing neither beginning of dayes , nor end of time ; not that he was without them all in respect of nature : but in respect of his supernaturall internall separation from all thinges carnall and temporarie to teache moste high mysteries for accomplishing the will of god , wherein was his only confidence , delyte and solace : and so the doers thereof his only kinred , and therefore is likened to the sonne of god , who professed the doers of gods will to bee his mother , brother , and sister , hee also is called king of rightwysnesse ; and after , his dwelling citie is said to be salem , which is peace ; for true wisedome is euer king of peace . but thirdly and most of all , when wee remember his divine majestie , by whom they are acclaimed , who ( as a type of that eternall priesthood , wherevnto the true melch●sedecke was internally separate ) did externally separate the levite , to whom they were giuen for their entertainment alanerly . or what was more , to bee eaten by the stranger the fatherles or the widow : and on no wayes to bee imployed for their further enriching than present necessitie . those things considered , they euen feare to think of witholding the same , like as j thinke euery man should tremble to intromet with the same , or intrometting therwith , should dare to employ it for any private vse , to enriching his children , or acquyring new possessions : but i leaue every man to his own conscience ; for they ( being cōscious to themselues , that the tithes belongs not to them ) will none of them , howsoever they bee used . and therefore i will onely proceede to their ouertures for reforming these abuses noted by our most gratious soveraigne . of these abuses concerning them in particular , the first is by the sloath and malice of the tithe possessours , and by the vnnecessare confluence of men and beastes , the time of tithing . the first part of this abuse is in some sort already prouided for , by that statute . . parliament june . . act . but if your ll. think it better that the tiths be valued , and according to their valuation , euery heretour to pay for his owne tith , j shall be glad to haue it aggried vpon . the second part of ●●is abuse is easily helped , the vnformall form of tything being reformed . for it carrys no reason that the tith possessour , should ( with the tith corne ; ) carry away also the strae , which belongs nothing vnto them : for it is no encresse to the owner , since it is ordained to rott vpon the ground for maintaining the same in the owne strength : and is only taken from the ground of necessitie , for better collecting the cornes : wherefrom beeing once separate it is againe sent vnto the ground , which is therby the better enabled to yeild her encrease ; wherof the benefite redounds aswell to the tithe as to the stock , and so no man is loser . but if some object ; the straw is vsed for fodder and entertainment of beasts in this country . j answere , in that same respect it ought to bee free of tithe , because it is the foode of the labourer for it feedes the beastes that tille the ground : and there can bee neither law nor reason why either the hyre or food of the labourer should pay tith : especially these by whose labour the tith it selfe is encreased . neither haue i heereby any designe to stay the tithe possessour from leading his tithe in the sheaue , being doubtfull to haue a good count thereof out of the labourers barne-floore , a certaine yearly valuation not aggried vpon . they only desire , that the tithes may bee led , and set in the labourers barne-yard , that when the corne is separate from the straw , the straw may remaine with the labourer as proprium fundi . and for this cause , euery man shall bee astricted to lead home the tithe , to the vse of the tithe possessour ; as also to furnish sufficient barns for threshing the same at needfull times . so shall this confused confluence bee needlesse . the third abuse is by vsurpation . for reformation of this abuse : they desire a declaration may bee made what is tithe , and what is stocke , that a valuation of the tithe with the stocke may also bee more easilie aggried vpon . now if any man in estimating of tithes , can both say and thinke that the tith is in value a fourth part of the land duetie , i wold gladlie heare his argument in reason , for j haue no logick to proue in arithmetick the tenth to be the fourth part . but if it shall bee answered , the tenth of the stock , and encresse will be the fourth of the free encresse , ( for without it bee free it is no encresse . ) to this j answere : the tenth of the stocke will bee more than the halfe , if not more all the encresse : for if it bee lawfull to tithe any part of the stocke with the encresse , it is lawfull to tithe all the stock , and consequently , the oxen , horse , nolt , kyne , calfes , yowes , lambes , and all must bee tithed , since all is either stocke or encresse , yea , the very ground it selfe must bee tithed , for it is also a part of the stocke . and this j hope beeing vsed but few yeares , the contestation for tithes will expire [ ipso facto ] now as this is against all naturall reason , so it is without any speciall law , for the law of tithes is plaine , thou shall truely tithe all the encresse of thy seed , that the ground bringeth foorth yeare by yeare . by what law then is the tithe of the stocke vsurped ? it will perhaps bee said it is a common practicke in our judicatories so to determine . but i answere , as it seemes not good that the equitie of euery practick should bee narrowly searched vnto ▪ so it is lesse good that every practick whereof the equitie is not narrowly searched into , should bee esteemed a law for the common well . but of what reputation shall the practicks of inferior judges bee esteemed , when they agrie not with the practick of the supreme parliament ? for in publick parliament the practick is past , and a declaration made of the validitie of tithes compared with the value of the land , read the statute . ia : . parl. . chap . where it is declared , the tenth part of that duetie payed for the rowme , stocke and tyth should bee giuen to the tithemaster , and nyne partes to the king ●● landslord or superiour . is not this reason ? or hath any judge in the kingdome greater authority , whereby he may vilipend this practick , or proceed with another sort of valuation ? or if they will doe , is not the sentence reduceable ? since by the statute it is plainly ordained that all the iudges and ministers of his majesties lawes within this realme , judge and decyde according to this statute , and no other wayes how oft that question shall bee moued . but i know some would build much , or rather in effect overthrow all , by these subsequent vvords , in the case foresaid . to the which i answere it lacketh alanerly . but i will not trouble your ll. to dispute vpon such pen-dashes , whether they haue beene by accident , or of set purpose , either adjected or omitted , since i doubt nothing your ll. will easily perceaue the verie ordinance it selfe to be superfluous : for thus i reason , every judge imitating a just and equitable sentence judgeth rightly . but euery iudge judging according to this sentence , imitates a just and equitable sentence , ergo , the major is cleare , the minor shall be proven when j shall beare it publicklie denyed . what necessitie is there then of any ordinance for imitation heereof ? euen asmuch as if a command should passe ; that fish should not liue without water , for the naturall element of an vpright judge is equitie , whereof hee is no sooner sensible but with a gaping greedie appetite he followes vpon it , therby refreshing his spirits , and strengthening his powers against euery storme . but it will bee said the cornes haue beene in vse to pay tith both stocke and encresse . j answere , heere is the abuse : if there bee either law or reason for it , let it so continue : but if there bee neither law nor reason for it , reason it bee reformed . for euerie use , which was not so from the beginning requires reformation ; yea , sometimes although it bee licenced by authoritie , as is euident by that dispute betwixt our sauiour and the pharises . now it is cleare that this forme of tithing was not in vse from the beginning : for abraham ; ( whom , as we are faithfull we claime for our father ▪ and therefore are tyed if not by law , at the least by example to pay tythes ) is said only to giue the tithes of the spoyle . like as also this vse was never among the iewes , for their law is expresse against it , as is said . as for any vse crept in of late within this kingdome : there was many causes for it , which now are not , and therefore deficiente causa , deficit effectus . first that statute . ja. , parl. . chap. . ordaining euery pleugh to sow a firlot wheate , halfe an firlot pease , and fourtie beanes , is nor as yet two hundreth yeare old : whereby it may appeare how small vse there was for labouring for cornes , some two , three , or foure hundreth yeare before ; which all is but a small time , in respect of that time , since tithing first began to bee in vse . hence it is easily conjectured that the first cause of this use , to tith corne vpon the ground both stocke and encresse , was , because so small partes were laboured at the first , that the tith was not much regarded : as also some choyse partes were only manurde , which beeing fertile in themselues , both by nature and long rest , yeelded such encresse , as the stocke and labour were forgotten by the labourer , rejoycing in the good successe of his new husbandry : whereas now the greatest part of the manured grounds will scarce free the charges , if the aire happen to be tempestuous : and euen in yeares of plentie , where the ground also is fertile , the third of the grouth can hardly be made free to the landlord . the second cause , whereby this custome hath beene continued , was , the zeale of the people ; who were not only content to continue any custome , for commoditie of the church-men , but even to dispone their particular lands and heritages vnto them . but this i hope is by pandora sufficiently cooled ; since men are now in greater danger to bee esteemed eaters vp thereof , than to bee eaten vp with the zeale of gods house . the third cause , and connexor of all , was , the small or no damnage they found by so ouerseeing themselues for as all waters running to the sea , doe neither augment the same , nor diminish themselues . for as the rivers returne to goe vnto the place , whence they came ; euen so , what they bestowed vpon church-men reflowed againe vnto themselues ; their poore , their orphants , widowes and strangers all finding hospitalitie with the church : whereas now the traueller , at their ancient dwelling house , in stead of that hospitable welcome , peace bee with thee ; howsoeuer , let all thy wants ly vpon me ; only ludge not in the street ; shall find nothing of what he wants , but peace or if he happen to heare any noise , it shal be commanding him peace and without a peece to turne some other way . but suppose these causes were not remoued : no voluntary ouersight of any abuse can enforce a perpetuall obligation to continue the same . jt will bee yet said , this custome hath beene long practised in all countries , and by all judicatories approven . but this is easily denyed , for a great many parts , if not the most part of christendome , haue neuer beene in vse to haue the tithe of their cornes drawne after this forme : yea , many parts are in vse only to pay some small acknowledgment , farre short of the worth of the tithe , of their encresse , and therefore , no further can bee exacted of them according to the canon lawe , illae decimae necessario solvendae sunt , quae divina lege debentur , vel loci consuetudine approbata , whereby it is evident that the moste that can bee craued is the whole tithes according to the divine law aboue-said : like as the least that can be offered is the accustomed or ancient duetie ; neither will i disagree from that ( indeed ) judicious note of card. bellarmine , saying , sicut consuetudo tollit legem , sic lex tollit consuetudinem . for it is verie true that the authoritie vpon just and necessare considerations , may abolish the vse of paying lesse than the law , and command payment according to the law. but to command anie more , can neuer bee done by any authority , at the least no authority can command to pay more in name of tith than according to the law of tiths . much lesse it is reason that authoritie should suffer to bee vsurped and brought in custome , more than the law , and against all reason . this ( i am sure ) will cut off all necessitie to value these tithes which of old hath beene valued , and according whereto the possessour hath beene accustomed to pay : who so list to detaine the same according to the pryce ; as by the particular parties will easily bee defended in anie judicatorie , remouing , sic volo , , sic iubeo , stat pro ratione voluntas . from the rest , neuer more can bee required , but according to the divine law abouesaid . but i suppose this alledged custome hath beene indeed long vniversally approuen by all judicatories , and practised by all countries : then say i , there hath the more need of a reformation to be begun in some judicatory , and in some country : and by what judicatory more proper than this ? since for this , and such like , your ll. are conveened . can any ordinance passe for the benefite of the common weale , forcing a titular to set according to the valuation , that which in law hee may justly lifte without giuing any compt of the value thereof ? and shall all ordinances bee neglected for remeeding that common euill vsed by the titulars , vplifting that , wherevnto by neither law nor reason they haue right ? this were but to divide , not to remeed wrong . now as heere is the fittest iudicatory to begin this reformation , so is this kingdome the fittest to begin the practise therof . haue we already proceded so far in so faire a course , for reformation of matters in substance , and now beginne to stay at straes ? shall we continue an abuse , because it is the vse of our neighbours ? legibus non exemplis vivitur . shall we not know our selues ? was not the woman caryed into the wildernesse vpon the great eagles wings there to bee nourished till the tymes should bee perfyted ? was not this land vnknown to the then , tyrannicall powers ? or , if it was knowne , was it not knowne but as a desert , a wildernesse , yea , a wildernesse where the lyon is king ? hath the church then beene so long nourished among vs ? and shall wee produce no euidence thereof to the world ? or shall wee stay to produce any evidence , whereby it may be knowne , by whom wee haue beene instructed . is not the lyon appoynted the worlds reprouer , and refresher of gods people ? and shall he not first reforme what is worthy reproofe in his owne forrest ? but if any man doubt thus to apply the text : behold the testimonies of antiquitie , whereby euen stones are beleeued to be metamorphosed into men . as for men to bee changed into stones is easie and common at the sight of a gorgons head . ovid , that neuer sufficientlie commended collector of antiquities , shews directlie that from the north must come the illuminators of blind phinius , and the banishers of these filthy abusers of princely food : which is more enlarged by that divine poet ariosto . doth he begesse ascriue vnto the english duke the horriblie affrighting of that famell faction , cruell tyrannizers ouer those without whom themselues were nothing or worse ? and ( howsoeuer forsaken of his feareful friends ) couragiously going on to the entrapping of caligorant in his owne net ; howsoever reserued aliue as a not vnfit drudge for building the walles of jerusalem ? the killing of orillo ; howsoeuer easily dismembered yet alwayes rejoyned by the power of only one excrement of his head ? the dissolving of the enchanted palace ; how manifoldly soeuer his shape at the first appeare deformed , to the notablie deceaued jndwellers ? js without a ground ascrived vnto him the banishing of the harpyes , noble indeed vnsheathing his sword against them , but to small purpose till from the sound of his horne they hid themselues in hell. no surely , for it is most certaine that the solide subject wherevpon all true poets buildes , is laide by antiquity they are the planets of heauen ( of whom the sun is the chiefe or rather the lyfe ) the lightes of the earth . the revivers of the dead , the renuers of antiquitie , the revelators of fate , the heraulds of vertue , the vncasers of vice . and howsoeuer to the vulgar eye they seeme but erring starres , yet the more learned astrologi● doeth easily perceaue ● most sweet harmony , most powerfull effects with most solide conclusions : for , beeing all conveened in their first house , all shall bee found to aggrie in one : for the daughter of antiquitie is vna , poore vna who long must wander to seeke relief for her beleagured parents against that direfull dragon , till shee finde a s. george a britaine by birth , but of fair● land by education . behold , with what heauenly trumpets our commission is proclamed . shall wee then the now winged twines of boreas begin to frieze for feare , when our shout is able to kindle afreshe the powers of our iason ? shall the booke of wisedome lye hid in the pocket ? shall the horne of trueth hang mute on the cassoke ? hou then ; shall vertue forseeing her slauery bee able to escape the female yoke ? how shall that double statured gyant beeing stupified with feare bee forced to beare burdings for building our walles ? how shall superstition bee shav●● from the scalpe of errour ? and how shall magnanimitie tyed in the darke be strengthened to burst his golden halter ? that astolpho in paradice being taught by s. iohn , may returneing restore the sight of senapo , and wit of orlando to the vtter vndoeing of pagan-pride . since thus wee see for what wee are borne , let vs couragiouslly follow our fate . shall the poorest groome not spare to pushe his fortoun ? and shall wee by destinie appoynted the 〈◊〉 of gods house bee abasht of our office ? no surelie : since the almighty hath made vs divulgators of his law , let the brightnesse of our face abash the more vulgar . and now haue your ll. sufficient ouertures ( grounded vpon law , and true reason ) whereby custome may be reformed . but if custome bee growne to a second nature ( which is too common in euil customs as the prophet complains can the blackmore change his skin , or the leopard his spots . no more can you that are accustomed to doe euill , doe that which is good ) my passive body 〈◊〉 comport with the tims and so acquiesce ; only protesting that which is now done bee not prejudiciall to a better reformation , when the planets shall look with more myld aspect : thus haue i faithfully delivered my charge for your ll. ease , and my owne health . but if any man shall suppose mee not to be what j professe : let noble arthegall whose presence j long for , and who at length i hope shall proue master of this feast to the vncasing of bragadochia , and restoring guyon to his horse and armour . let him j say confront mee with another , professing the same name , but of a contrarie disposition . then shall your ll. easily know , which of vs twaine are 〈…〉 snow . your ll. totum respvblica . notes, typically marginal, from the original text notes for div a -e deut. . . the storming and totall routing of tythes wherein is shewed the unlawfullnesse of claiming them by the now pretended tribe of levy, and both takers and payers therein denying christ to be come in the flesh / by edward barber. barber, edward, d. ? this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the storming and totall routing of tythes wherein is shewed the unlawfullnesse of claiming them by the now pretended tribe of levy, and both takers and payers therein denying christ to be come in the flesh / by edward barber. barber, edward, d. ? [ ], , [ ] p. [s.n.], london : printed anno dom. . imperfect: p. - ( nd grouping) wanting. "or, the humble representation, declaration, and protestation of edward barber, in behalf of himself and thousands of the freemen of the common-wealth of england, humbly presented to the right honourable the lord generall cromwell ... proving paying tythes under the gospel to be against the law of god, the law of the land, the protestation, covenant, and ingagement of the army ..." reproduction of original in the trinity college library, cambridge university. eng tithes -- great britain. great britain -- history -- commonwealth and protectorate, - . a r (wing b ). civilwar no the storming and totall routing of tythes wherein is shewed the unlawfullnesse of claiming them by the now pretended tribe of levy, and both barber, edward c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the storming and totall routing of tythes , wherein is shewed the unlawfullnesse of claiming them by the now pretended tribe of levy , and both takers and payers therein , denying christ to be come in the flesh . or the humble representation , declaration and protestation of edward barber , in behalf of himself and many thousands of the freemen of the common-wealth of england , humbly presented to the right honourable the lord generall crumwell , lieutenant general fleetwood . colonel pride , with the rest of those worthies of the nations liberties , proving paying tythes under the gospel to be against the law of god , the law of the land , the protestation , covenant and ingagement of the army ; and that if we should still continue the practice thereof after so many ingagements , so much light breaking forth , we might judge our selves guilty of perjury in the high court of heaven , and so stand guilty at the bar of gods justice . sam. . . and it shall come to passe , that every one that is left in thine house , shall come and crouch to him for a piece of silver and a morsel of bread , and shall say , put me ( i pray thee ) into one of the priests offices , that i may eat a piece of bread . ezekiel . , , . son of man , prophesie against the shepherds of israel , prophesie , and say unto them , thus saith the lord god unto the shepherds , wo be unto the shepherds of israel , that do feed themselves . should not the shepherds feed the flocks , ye eat the fat and ye cloth you with the wool , ye kill them that are fed ; but ye feed not the flock , the diseased have ye not strengthened , neither have ye healed that which was sick , neither have ye bound up that which was broken , neither have ye brought again that which was driven away , neither have ye sought that which was lost ; but with force and with cruelty have ye culled them . micha , . thus saith the lord concerning the prophets that make my people erre , that bite with their teeth , and cry ; peace : and he that putteth not into their mouthes they even prepare war against them . matth. . . behold i send you forth as sheep in the midst of wolves &c. by edward barber freeman of england , citizen and merchant-taylor of london . london , printed anno dom . to the right honourable lord general crumwel , lievtenant general fleetwood , colonel pride , with the rest of those worthies of the nations liberties . right honourable and worthy patriots , we having enjoyed much good and quietnesse by gods goodnesse , through the care valour and prudence , god having by you brought us in some measure out of that thraldome and bondage we were in under the late prelates that we may not be carried back again to more then egyptian thraldome or reheboams reformation , and that you may not be a moses onely , to go unto mount nebo and there see the good land ; but as our josuah to carry us into the good land of a thorough reformation , the which to do that god would give you self-denying spirits , and to be a means to the parliament to chuse out according to jethrows advice , and provide out of all the people able men , such as fear god , men of truth , hating covetousnesse , and place such over them &c. exod. . . such as would make it their work as moses did from morning till night , vers. . that so poor people might not be totally ruined in courts of injustice or committees , espetially for that popish claim of tythes &c. and to this end that none without a special occasion might have plurality of places of profit , in church or common-wealth as too many have , whereby the work is left undone they like locusts going over the bredth of the earth exod. . . revel. . . or false teachers that seek the fleece not the fleck , the love of money being the root of all evil ; but that he that hath an office might weight on his office ( not offices ) one place being sufficient to take up the whole man of the ablest self-denying honest man in the nation , and that a sufficient known salary may be allowed to each party for their service , and not to live upon bribes called fees , or one to have several places and , , , . per annum , for that which others that have been as faithfull and are as able as themselves for that service , would perform for . per annum , against whom there can be no just exception , whereby it hath been proffered to some in authority by . mens service to save the nation per annum , which might be imployed towards the relief of the poor or the payment of the souldiers & not some that had mean estates at the begining of these troubles , yet now glut themselves with ungodly gains and the ruins of the nation , when others are ready to starve , as too many have done , for want of means by honest imployment ; all which is practised by reason of some time-servers that sowe pillowe under their arm-holes , as isa. . . and ezekiel . . that by enjoying their great benefices dare not with the prophets say thou art the man , or with the watchman of the lord tell the house of israel their sinns and transgresgressions , yet they seek me dayly &c. saith the lord , isa. . . have not they discovered themselves to be as baals prophets , kings . and . that seduced ahab , or those unclean spirits like froggs that came out of the mouth of the dragon , and out of the mouth of the beast , and out of the mouth of the false prophet , being the spirits of devils , working miracles which go forth unto the kings of the earth and of the whole world , to gather them to the battel of that great day of god almighty , &c. revel. . , . that therefore in performance of your protestations vows and covenants , ye , would be instruments of easing this bleeding nation of this popish burthensome practice of tythes , who as the rakers thereof , have been the cause of . years war , bloudshed and ruin already , so had rather have an utter desolation then loose their ungodly gains : that by your doing this , the loyns of the poor may blesse god for you , and your representer with other free people of the nation may injoy this one thing , as a part of the first ripe grapes of our canaan , which will be as acceptable as the olive-branch was in the mouth of noahs dove , and is the desire of your humble supplicant edward barber . the storming or totall routing of tythes , or the humble representation , declartion and protestation of edward barber , in behalf of himself and many thousands of the freemen of the common-wealth of england . sheweth that whereas at the beginning of the parliament , upon the consideration of the abuse done by the prelates and their adherents to this nation , both concerning the souls and bodies of the people , the parliament was pleased to put forth a protestation , wherein themselves and the kingdom amongst other things did protest to defend and maintain with life , power and estate the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovations contrary to the said doctrine , the lawfull rights and liberties of the subjects ( or rather the freemen of england ) and ( note this ) every person that maketh this protestation in whatsoever he shall do , in the lawfull persuance of the same , and to their power , and as far as lawfully they may , oppose , and by all good waies and means endevour to bring to condign punishment all such as shall either , by force , practice , counsels , plots , conspiracies , or otherwise , do any thing to the contrary of any thing in this present protestation contained , &c. also in the explanation thereof , it is said that whereas some doubts have been raised by several persons out of this house , concerning the meaning of these words contained in the protestation , lately made by the members of this house , viz. the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovations within this realm contrary to the same doctrine , this house doth declare that by these words , was and is meant onely the publick doctrine professed in the said church , so far as it is opposite to popery and popish innovations [ and that the said words are not to be extened to the maintaining of any form or worship , discipline or governdment , nor of any rites or ceremonies of the said church of england ] resolved that what person soever shall not take the protestation , is unfit to bear office in the church or common-wealth again . . again by the vow and covenant , we are injoyned for the defence of the true protestant religion and liberties of the subjects , and this is made in the presence of almighty god , &c. . we are ingaged in the reformation of the churches of england and ireland , in doctrine , worship , discipline and government , to have it according to the word of god , and the example of the best reformed churches . . that we shall without respect of persons , to wit , from the prelate to the sexton , in like manner endevour the exterpation of popery , & prelacie , that is , church-government by arch-bishops , bishops , their chancelours commissaries , deans , deans and chapters , arch-deacons , and all other ecclesiasticall officers depending upon that hirarchy ( which these priests extent do ) superstition , heresee , schisme , prophanenesse , and whatsoever shall be sound to be contrary to sound doctrine [ and the power of godlinesse ] least we partake in other mens sinns , and thereby be in danger to receive of their plagues . revel. . . the performance of which protestation and covenant concerning the said minestery and popish tythes , so cruel and burthensome to all inlightened conscientious men hath been often desired , as by the declaration of the army , and petitions of diverse countries to the house may appear , &c. now forasmuch as the lord saith eccles. . . . when thou vowest a vow unto god , defer not to pay it ; for he hath no pleasure in fools : pay therefore that which thou hast vowed ; better is it that thou shouldst not vow , then that thou shouldst vow and not pay . and deut. . . when thou shalt vow a vow unto the lord thy god , thou shalt not slack to pay it ; for the lord thy god will surely require it of thee , and it would be sin in thee . compared with vers . . . and psal. . . vow and pay unto the lord your god this david performs psalm . . . . i will go into thy house with burnt-offerings , i will pay thee my vows which my lips have uttered , and my mouth hath spoken when i was in trouble . for the not performing whereof , i believe with jeremiah the land now mourneth , jer. . . and jer. . . they have also healed the hurt of the daughter of my people slightly , saying , peace , peace , when there is no peace . compared with isa. . , . the prophet that teacheth lies , he is the tail ; for the leaders of this people cause them to erre : and they that are led by them are destroyed . . they preaching for hire , and divining for money ; and yet will lean upon the lord , and say , is not the lord amongst us ? none evil can come upon us , micha . . . pulling down poor wooden and stone crosses , and yet leaving that cruel popish burthensome crosse of their priests and tythes remaining . . observe that whosoever shall submit to and receive any ministery , ordained by virtue of a forraign power from rome , is a traytor by the known declared laws of this land : now whether men receiving their ordination beyond the seas or here ; it being done by one and the same power , springing from one and the same root , for as the root is , so is the branches , rom. . . ye shall know them by their fruits , do men gather grapes of thorns , or figgs of thistle ? and have not the ministery of england their ordination from rome ? as by their book of ordination appears , as also confest by many of them ; yea , all that are true to their own principles , and therefore to be protested against , by all that have taken the protestation or covenant &c. . christ saith , john . . to the . he that enters not in by the door into the sheepfold , but climbeth up another way , the same is a thief and a robber , &c. and are not these tyth-takers guilty of the same judgement , as psalm . . to the . to wit , these that enters not in by the door christ jesus , that is , by his way , laws and ordinances ? and are not the ministers of england such , ergo , are they not such as are there spoken of , judge ye noble bere●ns . hath all our fasts and professing liberty , taking of oaths and ingagements , with the free-will-offrings of the nation , bloud and taxations produc'd this , to wit , ordinances for tythes , with treble damages for those who much like eliahs sons sam. . . to the . who came with a flesh-hook of three teeth in his hand , while the flesh was in seething , and he strook it into the pan or kettel or cauldron or pot ; all that the flesh-hook brought up the priest took for himself ; also before they burnt the fat the priests servant came , and said to the man that sacrificed , give flesh to rost , for the priest , for he will not have sodden flesh but raw , and thou shalt give it me now , and if not , i will take it by force , ( note this . ) the like is these mens practice whereby they rob christ of his honour & priesthood , poor people of their goods , and without repentance , of their souls , as isa. . . revel. . . . but would these consider deut. . , , . the priests , the levites , were to have no part nor inheritance with israel ; but were to eat the offrings of the lord made by fire : and his inheritance , therefore shall they have no inheritance amongst their brethren ; the lord is their inheritance , as he hath said unto them . but if these priests will be circumcised and do the work , slay the beasts &c. as levit. . . then shall they have the wages deut. . . , . the shoulder , the two cheeks and maw also , the tyth of the increase deut. . . but out of that must be relieved the levite ; because he hath no inheritance ; and the stranger , and the fatherlesse , and the widow , vers. . which these men perform not in the least , neither were they to take tythes of any but of their brethren the jews , not of us gentiles , heb. . . . christs ministers , ambassadors , or the servants of the churches must be content with their masters wages , and not to trouble the civil magestrate , to have statute-laws or ordinances of parliament to strain on mens goods , or have them committed to prison without bayl or mainprize , untill they pay treble damages besides costs and charges , the which hath been inflicted on divers to the utmost ; whereas for the duest debts men are so tortured in law , that many choose rather to loose their debts , then to endure the torture of the laws as they are now administred , wherein this clergy makes good that scripture revel. . . in making the civil magistrate the tayl of the beast ; for their strength is in their tayles , and with them do they hurt , to wit , force and strain mens consciences and goods ; and therefore if these men and the synod would have given themselves to have truly translated the bible , knowing there be many grosse errours , they would have much discovered the mystery of iniquity and their own deceits , done the best service they could to this state , brought much glory to god as balaam did in acknowledging the truth , dealing plainly with king balack , who told his servants that if he would give him his house full of silver and gold , he could not go beyond the word of the lord to do lesse or more , desiring to die the death of the righteous , and that his last end might be like theirs , numb. . . . and . . . which if these had done , thus they would have brought much glory to god and peace to this bleeding nation . as by experience with us is manifested , as formerly causing the civil magistrate to oppresse the conscience and take away the life of many , as in queen maries , queen elisabeths and king charles his dayes , whose bloud i fear lies fall on this nation , as barrows , greenwoods and penries &c. also who stirred up the king against the scots and against the parliament ; but those unclean spirits like froggs , revel. . . . being the spirits of devils working miracles , that go out unto the kings of the earth , & c. ? consider again their practice at zion colledge , and their morning lectures , courts of justice , yea , at the parliament and committees where they like locusts swarm ; and therefore note that as judgement is to be powred forth upon the nations in general that have given their power to the setting up or upholding that state of antichrist , without submitting and turning to christ by repentance ; so upon them in especial , they having been the instruments whereby they with the nations their kings and rulers have been made drunck and committed fornication , with the whore , and therefore shall the jndgements of god be powred fourth upon them , as revel. . . to the . and . , , . compared with isa. . . for that nation and kingdom that will not serve thee shall perish , yea those nations shall be utterly wasted , &c. again christ saith , mat. . to his ministers as ye go preach , saying , the kingdom of heavenis at hand . heal the sick , cleanse the lepers , raise the dead , and cast out devils , freely ye have received , freely give , compared with cor. . . to the . acts . . . where the apostle saith , i have coveted no mans silver nor gold , nor apparel ; yea , you your selves know that these hands have ministred to my necessities , and to those that were with me , i have shewed you all things , how that so labouring ye ought to support the weak , and to remember the words of the lord jesus , how he said it is more blessed to give then to receive , &c. compared with thes. . . and thes. . . cor. . . . or as fox in his acts and monuments saith , the maintenance of the ministers is the pure alms of the church ; but have not they , as christ saith to the jews , mat. . . . made the word of god of no effect by their traditions ? now consider the vast difference between the commission and commands of christ to his ministers and servants , mat. . . . . mark . . . and the several cannons , statute-laws , and ordinances of parliament to their ministers : as also the administration thereof ; and know that their servants you are , to whom ye yield your selves servants to obey , whether the church and state of rome , or the prelates and parliament of england , &c. . it being against or beyond the law of the land , every free man of englands birth-right , to be so by them tyranized over for tythes , it being first given for the maintenance of prelates , priests , abbots , moncks , and friers , as in the councel of lateren . but now god having discovered them to be antichristian and popish ; so also must be their maintenance , there being not one word of god for it , but was taken by force and violence , or given for superstitious tithes of the same nature , popish and antichristian , and more burthensome and oppressive then nebuchadnezars golden image was to the jews , which he set up in the plain of dura ; for although he required worship from them to his idol , yet not maintenance for the idol-priests . . that these men , as their fathers have usually been , still are the cause and fomenters of the troubles , and ruine of all or most nations where they come or have any power , as by experience with us is manifested . . divers faithful subjects , and good common-wealthsmen , have been forc't through ( their ) tyranny to leave the●r houses and kingdom , chusing rather to expose themselves to a desart wilderness , then to endure that misery at home , by them forc't upon their bodies and minds , others shut up in prison ti●l they have paid treble damages ; besides prison fees and charges , yea some lost their lives , others having their cattel strained on , and for legal replying them committed to prison ; yea , the bayliffs and atourney fined for their prosecuting the same according to law , who paid . per peece by force to escape imprisonment : this was done by the means of the good lord say , and the house of lords in browns of hanworths business . so that from what hath been said it doth clearly appear , that although we are freed from prelacy , book of common-prayer , with divers other ordinances , yet do their sonnes succeed in cruelty , they being as like their fathers as ever they can look , or rheoboam-like , exceeding in cruelty : their little finger ( as his ) being thicker then their fathers loynes , kings . . and although henry , edward . & queen elizabeth took away part of the said orders ; yet as then the maintenance thereunto belonging was continued and inforced from the people : even so now this burthen of tythes , still continues and cleaves close unto us ; and that not only on our temporals and estates , but upon our consciences ; for if this popish ordinance be continued , for we can judge it no other , being instituted , as before shewed , for the maintenance of prelates , priests , monks and fryers , &c. if this we say be continued to presbyters , who received orders from them , as to the said orders before , then are we forced still to popery , and popish innovations , no lesse sinful then the others . and whether this be not a breach of our protestation , oaths , and covenant , which we have made with hands lift up to the most high god , we refer to all judicious men to judge : and whether these are not such as the prophet speaks of , ezek. . . . . and they come unto thee as the people cometh , and they sit before thee as my people , and they hear thy words , but they will not do them ; for with their mouth they shew much love , but their heart goeth after their covetousness , &c. again , we desire to declare as believers , christians & free men of england , that the lord jesus christ as he hath ordained another ministry , then that under the law : so also hath he appointed another maintenance for the gospel-ministry then tythes ; there being not one word in the gospel for it , they being to live upon their own hand-labor , as before shewn , or the peoples free gift , mat . . and to eat such things as they have by their labor , or is set before them , luke . . . for the workman is worthy of his meat , mat. . . also the first dayes collection , cor. . . . as god hath prospered every man ; who loveth a chearful giver , and for the orderly dispensation of the same , he hath ordained an office in the church , to wit , the deacons , who is to dispose of the said free gift , as every one needeth , minister or other poor saint , without respect of persons : now compare christs commission , and the apostles practice with the ordinance of parliament , and these mens practice in these times , and you shall find a wide difference between them . and upon examination , you shall find that to set up or allow another humane invention for ministers maintenance , then the lords own , who is the only law-giver to his church , is to frustrate the deacons office , and so make the word of god of no effect by mens traditions , as the jews did , mat. . . . and so deny christ to be come in the flesh , &c. again , it becomes not a true reformation , to borrow of a false church , especially such as rome , so main a pillar , as ministers or maintenance : inas much as jeremiah saith , jer. . . the lord is against babilon , that destroying mountain , that destroyest the earth , &c. and they shall not take of thee a stone for a corner , nor a stone for a foundation ; but thou shalt be utterly destroyed for ever , according to the covenant , root and branch , compared with cor. . to . the said practice of taking tythes , also introduceth prelatical pride , and time-serving with great men in authority , as ezek. . . all the ministers by that means being lifted up so far above their poor brethren , which causeth unaptness to teach , their care being set upon the things of this life ( as how to get , so also to keep the things of this world ; whereby he becomes a brawler , a man of contention , as too sad experience sheweth , courts of iustice , committee for plundered ministers , sessions , iustices of peace , by their trouble and daily vexations , & sutes , through their covetousness can witness , which causeth great covetousness and contention ; for the contending of which , as the apostle saith , is the root of all evil , tim. . . for instead of being given to hospitality , these rob the poor that are forc'd to begg , taking that by force which others get by great labor and toyl . all which is clear against what the ministers of christ ought to be , yea , and must be , if they perform their duty , as tim. . . . where the apostle saith . a bishop then must be blameless , the husband of one wife , vigilant , sober , of good beheaviour , given to hospitality , apt to teach , not a brawler , much lesse a plunderer for tythes , not covetous , &c. and therefore if you will pretend your selves ministers of christ , prove your ordination by the word , and be content with your wages . this is clear , acts . . where the apostles and ministers of the gospel of christ , would not leave the word to serve tables , to wit , to supply the want of the poor saints , but gave direction for deacons to be chosen for that service ; much lesse would they look after tythes , as these do by compulsion and cruelty . a husband-man one day declared at the parliament door , that he rented . acres of land , and that he proffered the priest thereof gratis , so as that he would manure it ; but he would not accept thereof , now judge ye what a case we are fallen into . again , consider how dishonourable it is , that such as pretend that they are put in trust with the unsearchable treasure of the gospel , should so dishonour their pretended master , and hinder the receiving thereof by their forcing maintenance from people , which themselves confess , have not received the gospel from them , nor have they begotten them to the faith ; so that they are neither fathers , planters , teachers , bishops , &c. unto them . and yet will they force maintenance from them , contrary to cor. ● . . . behold the third time i am ready to come to you , and i will not be burthensome to you ; for i seek not yours but you ; for the children ought not to lay up for the parents , but the parents for the children . and i will very gladly spend and be spent for you , though the more abundantly i love you , the lesse i be loved . but instead of this i have seen that cruelty exercised by the magistrate , through these mens means already , that i never saw in four years waiting at the high commission court ; but why have we not as well a doctor of physick , and a lawyer forc'd on every parish as these , would it be any more but the like monopoly ? but that we should be forced to pay these men tythes , not owning them nor their work , they having been the priests of the nation , and chief cause of all the blood-shed , yet now oppressing cruelly such as have adventured life and estate for the preservation of the same , yet this to be call'd primo libertatis angliae , when instead of take him jaylor at the high commission court , it is said now take him into custody ; where is demanded . times greater charge , oh rehoboams reformation , was such proceedings cruel then , and against magna charta , and the petition of right ? and is it not much more in the first year of englands jubilee , englands liberty ? again , consider the great burthen to the common-wealth , for the free commones of england do hereby in some places loose the profit of one half of their land by the year , as may be made appear , if it be duely considered ; to wit , to the landlord and the priest or parson , they only being gentlemen , the rest being slaves , and it were well if they were board through the eares , that they might know themselves to be so , they being under service and oppression , worse then the israelites , in egypt who labour with much sweat and pains , hunger and cold , wet and dry : for that which the other like drones or caterpillers , consume on their backs and bellies , &c. therefore our denying the paying of tythes , is not in the least in any contempt against civil authority who are gods ministers not onely to take vengeance on them that do evil , and should cause them to work and eat their own bread ; but for the praise of them that do well , and should see such not to eat that will not work ; but in obedience to god and the rule of the gospel given forth by his spirit to all nations that believe and obey him as before is shewed . . it is not in contempt to the persons of these men , who pretend they are ministers of christ ; but rather desire they might be imployed in some lawfull way or calling to get their own bread , that so he that hath stolen ( to wit , minister ( or in english servant ) as well as member ) might steal no more ; but labour with his hands the thing that is good , that he may have to give to him that needeth , &c. according to the apostles words ephes. . . but our denying the payment of tythes , is first in obedience to god : all that do pay them , therein denying christ to be come in the flesh , by their upholding those jewish rites and ceremonies which ended in christ ; which these self-seeking and time-serving men , still seek to uphold so far as they will make for their own ends , robbing christ of his priesthood ; poor men and women of their goods , and without the great mercy of god of their souls , for might they not as well have their linnen ephod , or surplus altars , sacrifices of all sorts , right shoulder and the maw , tempel at jerusalem , none inheritance for the priests , yea circumcision & killing of beasts &c. is tythes , that so they that take the wages might do the work injoyned for the wages , as to feed the levit , the stranger , fatherlesse and widow deut. . ? but if through pride or lazines they will not do the work , which they refuse to do , then let them not wrong the people and nation so grievous as to take the wages : for to him that worketh is the wages reckoned of debt , not of grace ; but not to him that worketh not , it must be of grace , to wit , of free gift . . their ordination being false and not according to the rule of the gospel ; but against the rule , government and authority of christ the son of god , his crown & dignity , who is therein the onely king and law-giver , whom they say is their master , yet do they as the heathen tyrants of old , who clothed men in beasts skins , that so they might be the more eagerly devoured : so these make the true worshippers of god in christ as odious as they can by slanders and revilings under the name of hereticks and schismaticks &c. never shewing wherein , much lesse proving the thing true , that so they may make the magistrates and common people , as those deluded by the friers and priests in germany against the hugnotes as they called them , cry out against them before they see them , judging them to be strange monsters ; unhumane creatures , and so do these , before they know them , &c. . it being against the known declared laws of the land , as statute decimo rertio elisabeth , they not upon every induction into any place publickly reading the book of articles and subscribing it , which by the protestation and covenant these cannot do except perjured , are to injoy no more benefit then if they were naturally dead . . it being against the protestation , covenatn , declarations of parliament and army , that the kingdom have generally taken and entred into , to wit , to uphold and maintain the true protestant religion in opposition to popery and popish innovations , and as aforesaid they also receiving their power and ordination from rome , yet not performing that they were injoyned , and for what tythes was given neither in the time of the law nor by the counsel of lateran as before shewed . . it being against the ingagement and covenant , not onely of the parliament ; but also the kingdom in general , with their hands lift up to the most high god , the searcher of all hearts , to root out popery root and branch , and the government by lord arch-bishop , bishops , and all other ecclesiastical officers depending on that hierarchy as these do , &c. and each one to go before another in a real ( not a fained ) reformation , it being better not to vow , then to vow and not perform , &c. . the gospel-weapons being not carnal , but spiritual , mighty through god , &c. cor. . . and tim. . . . . the apostle saith , the servant of the lord must not strive , but be gentle towards all men , apt to teach , patient in meekness , instructing the contrary minds , proving if god at any time will give them repentance . compared with mat. . . . . and titus . . rom. . . where the apostle shewes , we shall all stand before the judgement-seat of christ , where every one shall give an account for himself to god , &c. and surely the way that christ hath appointed for his ministers of the gospel to walk by in all gospel-administrations , is the sword of the spirit , the word of god , and not the authority of the civil magistrate , or sword of steel , by which antichrist hath so inlarged his dominions , as revel. . . . . . and therefore to escape his punishment , verse . let all the people of god shun this practice , compared with revel. . . where it is said , come out of her my people , that ye be not partakers of her sins , and that ye receive not of her plagues . it being very considerable , whether the civil magistrate giving their power as to raise so to the upholding of that state of antichrist , ruling over the bodies and consciences of the people in ecclesiastical things , by intrenching upon the prerogative royal of king jesus , whereas ( he ) would not intermeddle with that which was their due , luke . . whether that i say be not the cause why the lord lets the sword remain so long amongst us and other parts , even to the depopulating of the nations of the earth , being now even drunk with the blood of the slain amongst us , for many years past , according to revel. . . they have shed the blood of saints and prophets , and thou last given them blood to drink ; for they are worthy : and as was once said by jehu to joram , kings . . being asked , is it peace ? what peace answered he , so long as the whoredoms of thy mother jesabel and her witch-crafts are so many ? so what hope of peace have we so long as the whordoms , witch crafts and sorceries of that jesabel of rome , england & scotland , that great city babylon , though divided into parts , rev. . . remain with that spirit of persecution , hatred , malice , evil contention , and division , against the statute laws of king jesus , it being contrary to vows and covenants , &c. in those that profess themselves ministers of the gospel of king jesus , who is that prince of peace ; seeing the lord hath said , isaiah . ● . the nation and kingdom that will not serve him shall perish , yea , those nations shall be utterly wasted , which i cannot but judge to be one cause of the distractions , warres , shedding of blood in the nations ( of christians as they pretend ) to wit , the civil magistrate intrenching upon the prerogative royal of king jesus , and not permitting him to rule and raign by his own laws in his kingdom , to wit , over the saints in the churches , as before is shewed . these things considered , we could not but in obedience to god , love to the truth , and ease of our own conscience , discharge our dutie herein to reminde you of the protestation , covenant , declarations , &c. desiring to be eased of these burthens of popish tythes , &c. that so the land mourn not because of oaths , and no longer to inforce the same for ministers maintenance , they therein denying christ to be come in the flesh : as also wherein the civil magistrate gives his power unto the beast , in upholding that popish practice and innovation by their clergy , &c. and let the ministers or servants of the gospel , live upon the gospel , even upon their own hand-labor , or the free and voluntary gift of the people , which the gospel allows them , wherewith they will and ought to be content , being better to be without a livelihood , then rob and steal , and sin against god , in getting it by unlawful wayes and means . but i doubt not but all true ministers will be content with their true wages alotted for them by christs appointment , which we are confident will sufficiently satisfie all such godly ones as desire and seek not the fleece , but the flock ; and with paul seek them , not theirs ; such as take the word of god for their guide and rule , they having a word for their warrant , not traditions of men of corrupt minds , and destitute of the truth , supposing gain is godliness , or their own covetous hearts , and mens precepts : it being a meanes to hinder the free progress , and imbracing of the gospel-administrations : so shall we the freemen of england be free from that burthen that doth so much inslave us , making our very lives uncomfortable to us , they eating up caterpiller-like , the best fruits of the land , and a great part of the peoples labours . but if these scriptures and reasons cannot take place , and cease upon your spirits to grant us relief , in freeing us from this more then egyptian bondage ; yet we having declared the truth , we have discharged our duties and shall have peace of conscience in warning you of it , according to ezek . . to the . & . . to the . and shall with heart go on in the strength of the lord , in opposing that state of antichrist , head and tail , root and branch , ministery and maintenance , by tythes or otherwise , if we perish , we perish : and so in all other their practices , that are contrary , or without the word of god , not daring to presume above what is written , submitting our persons with daniel and those worthies , the three children , apostles and primitive christians , as in that catalogue heb. . passively to the will and command of the civil magistrate , as to the fathers of our flesh ; but , unto god who in christ is the father of our spirits actively that so we may live , although in sufferings here , yet in glory hereafter . for such as suffer with him or for him now , shall one day raign glorified with him , and whosoever shall be ashamed of him and of his sayings , to wit , his ordinances in this adulterous and sinfull generation of tyth-taking priests , of him also shall the son of man be ashamed when he cometh in the glory of his father with his holy angels , to execute judgment without respect of persons ; and whether these tyth-takers be not as truly by the gospel thieves , as such as rob by the high-way side , or break houses , and the upholders by pay or otherwise guilty of as great evils as they that uphold or countenance the other ; i leave to every inlightned man to judge ; and although it be not so well known , by reason they have deluded and bewitched the nations , yet now god having inlightned the earth , he requires an answerable obedience thereunto : for where much is given , much will be required . luke . . thus have we declared our resolutions to go on in the lord and the power of his might , in whom is our strength , and no more to bow the knee to baal or those amalakites or hamans of the times , to whom as mordecai , so we resolve not to bow , hester . . to the . although it cost us our goods by plundering ; as they have done , or our liberties ; for if we perish , we will perish with them and those worthies , dan. . the lord being now at work , intending to level the mountains , psal. . . . he raiseth up the poor out of the dust , and lifteth the needy out of the dunghill , that he may set him with princes , &c. yea , that great destroying mountain of bable that destroyeth all the earth , jer. . . , . saying , behold i am against thee oh destroying mountain , saith the lord , which destroyes all the earth ; and i will stretch out my hand upon thee and rowl thee down from the rocks ▪ to wit , the shelter of magistrates and i will make thee a burnt mountain , and they shall not take of thee a stone for a corner nor a stone for foundations ; but thou shalt be desolate for ever saith the lord . this shall be done by the lord christ , he being mounted on the white horse , riding on conquering and to conquer ▪ revellations . . by the sword that proceedeth out of his mouth , isa. . . not by carnal weapons , cor. . . . zach. . . not by might , [ or army or arm of flesh , ] but by my spirit , saith the lord , this being published for the conviction of the priests , and direction of all that love the lord jesus christ in sincerity , resting your servant in the faith and order of the gospel of king jesus , edward barber . postscript . and although the subject matter of this discourse be principally against tyth-takers and tyth-payers , yet not excluding others of the like nature , but that the same condemnation lies against pretended high lights , above ordinances , spiritualized , above christ , above scripture , and what is written , contrary to pauls advice cor. . . ( to wit ) not to presume above what is written , thereby winking at iniquity that will not do it themselves , but appoint & suffer others to do it , as sprinkling of infants , take tythes or contract for preaching , &c. neither will they discover the evil thereof , and shew 〈◊〉 judgement that lies upon the nation for permitting thereof by those in author●ty , contenting ●●●…selves with a half-reformation ( to wit ) so far as will stand with their honour and profit , not shewing such repentance as simon magus acts . . nor those conjurers acts . . who believing confessed and shewed their deeds ▪ and those of them which used curious arts brought their books together and burned them before all men , and they counted the price of them and found it fifty thousand pieces of silver , so mightily grew the word of the lord and prevailed , 〈◊〉 demetrius like , verse . to the . who made silver shrines for diana , wh● called the craftsmen together with the workmen of like occupation , saying sirs ye know that by this craft we have our wealth ; moreover ye see and hear that not onely at ephesus , but almost throughout all asia , this paul hath perswaded and turned away much people , saying , that they be no gods that be made with hands , so that not onely this our craft is in danger to be set at naught ; but also , that the temple of the great goddess diana should be despi●ed , and her magnificence should be destroyed , whom all asia and the world worshippeth , and when they heard these sayings , they were full of wrath , and cryed out , saying , great is diana of the ephesians , and the whole city was filled with confusion &c. compare with john . . where the jews said concerning christ , if we let him thus alone , all men will believe on him &c. and if any desire farther information concerning the unlawfulness of paying or taking tythes , let them read , john turner on tythes , tyth-gatherers no gospel-teachers , gentil-congregations no tyth-payers , or the ordinances of tythes dismounted , and if all this will not serve those greedy cormorants the priests of these times , to take them off from their ungodly gains , let them then expect no quarter according to zach. . . . where it is said it shall come to pass in that day , saith the lord of hosts , that i will cut off the n●mes of the idols out of the land , and they shall no more be remembred ; and i will cause the prophets and the unclean spirits to pass out of the land , and it shall come to pass that when any shall yet prophesie , then his father and his mother that begate him shall thrust him through when he prophesieth , and it shall come to pass in that day that the prophets shall be ashamed every one of his vision when he prophesieth , neither shall they wear a rough or inckie garment to deceive , or lie , compare with kings . to the . and elijah came unto all the people , and said , how long halt yee between two opiniors ? if the lord be god , follow him ; but if baal , then follow him : and the people answered him not a word &c. compared with the kings . . . . hosea . . acts . . to the . and stephen full of faith , and power , did great wonders and miracles among the people . then there arose certain of the synagogue , which is called the synagogue of the libertines and cyrenians , and alexandrians , and of them of cilicia , and of asia , disputing with stephen . and they were not able to resist the wisdom and the spirit by which he spake . then they suborned men which said , we have heard him speak blasphemous words against moses and against god . rom. . . who will render to every man according to his deeds , &c. revel. . . and . and the third angel followed them , saying with a loud voice , if any man worship the beast and his image , and receive his mark in his forehead , or in his hand . the same shall drink of the wine of the wrath of god , which is poured out without mixture into the cup of his indignation , and he shallbe tormented with fire and brimstone in the presence of the holy angels , and in the presence of the lamb . compared with revel. . . . and the light of a candle shall shine no more at all in thee : and the voice of the bridegrome and of the bride shall be heard no more at all in thee : for thy merchants were the great men of the earth : for by thy sorceries were all nations deceived . and in her was found the bloud of prophets , and of saints , an of all that were slain upon the earth . finis . an item against sacriledge: or, sundry queries concerning tithes. wherein is held forth, the propriety and title that ministers have to them. the mischiefs which would ensue if tithes were brought into a common treasury, and ministers reduced to stipends. the danger of gratifying the petitioners against tithes, and all imposed maintenance. collected and composed by one that hath no propriety in tithes. clarke, samuel, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an item against sacriledge: or, sundry queries concerning tithes. wherein is held forth, the propriety and title that ministers have to them. the mischiefs which would ensue if tithes were brought into a common treasury, and ministers reduced to stipends. the danger of gratifying the petitioners against tithes, and all imposed maintenance. collected and composed by one that hath no propriety in tithes. clarke, samuel, - . [ ], p. printed by abraham miller for thomas vnderhill at the anchor and bible in pauls church-yard, near the little north-door, london, : . one that hath no propriety in tithes = samuel clarke. annotation on thomason copy: "septem: st". reproduction of the original in the british library. eng tithes -- early works to . a r (thomason e _ ). civilwar no an item against sacriledge: or, sundry queries concerning tithes.: wherein is held forth, the propriety and title that ministers have to th clarke, samuel d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion an item against sacriledge : or , sundry queries concerning tithes . wherein is held forth , the propriety and title that ministers have to them . the mischiefs which would ensue if tithes were brought into a common treasury , and ministers reduced to stipends . the danger of gratifying the petitioners against tithes , and all imposed maintenance . collected , and composed by one that hath no propriety in tithes . rom. . . thou that abhorrest idols , doest thou commit sacriledge ? london , printed byabraham millerforthomas vnderhillat the anchor and bible inpaulschurch-yard , near the little north-door . . certain queries concerning the propriety and right of the ministry of england to tithes . . whether the ministry of england hath not as good a propriety in tithes , as noblemen , gentlemen and free-holders have in their lands ? the reasons of this query are , . because ethelwolph sonne of king egbert ( who had brought the saxon heptarchy into a monarchy ) had all the lands in england for his demesne , as is acknowledged by sr edward cook in his commentaries upon littletons tenures , and conferred the tithes of all the kingdom upon the church , by his royal charter dated anno . in these words , king ethelwolph by the consent of his prelates and princes which ruled in england under him in their several provinces , did enrich the church of england with the tithes of all his lands and goods by his charter royal , &c. adding in the end , that who so should encrease the gift , god would please to prosper , and increase his dayes ▪ but if any should presume to diminish the same , that he should be called to an account for it at gods judgement seat , &c. and this he did not only as lord paramount , but as proprietary of the whole land , the lords and great men at that time having no property or estates of permanency , but as accountants to the king , whose the whole land was , and yet they also gave their free consents , which the king required , that thereby they might be barred from pleading any tenant-right ; as also to oblige them to stand in maintenance of tithes against all pretenders . . because the people can have no right or propriety in them ; for they never bought or paid for them : neither could they come by inheritance ; for that which was not their fore-fathers could not descend to them : neither came they to them by donation , which they can never shew . . whether it be agreeable to piety , prudence , justice and equity to alienate tithes from the ministry , which have been so freely given by our own christian kings out of zeal to advance gods glory , confirmed by many acts of parliament , oft times renued , and reiterated , as by magna charta thirty times confirmed , and many other statutes since , yea by the text , and body of the common law , which affirms tithes to be due iure divine , as sr edw. cook testifies in the second part of his reports . . whether the inconveniences and evils can possibly be foreseen , which will ensue upon the alteration of such fundamental laws of this nation , as have continued in force through all changes for above a thousand years together ? tithes have been given to the church for maintenance of gods word and ministrs , with a curse to all such as should alienate them . . whether it is agreeable to piety and prudence , to pull them from god , to rend them from his church , to violate the dedication of our fathers , the oaths of our ancestors , the decrees of so many parliaments , and to expose our selves to those horrible curses which the body of the nation hath obliged it self to , in case they consented to the alienation of the same ? as nehem. . , &c. . whether it be not more then probable that the ministry hath had a propriety in the tithes in all christian churches , ever since christians had a propriety in their estates ; since origen and tertullian , who lived not much above two hundred years after christ , tell us , that the community amongst christians was not wholly ceased in their time , and yet where it was , the tithes were paid ? . whether it be not sacriledge to alienate tithes from the church , having been dedicated and consecrated unto god , either by the voluntary consent of churches , or by donation of princes ? seeing what is voluntarily consecrated by man , is confirmed by god , and may not be alienated , levit. . , &c. which law is the same under the gospel , as appears in the example of ananias , acts . . whom peter arraigns and god condemns , for this very sacriledge : why hast thou ( said peter ) kept back part of the price of the land ? whilst it remained ( viz. unsold ) was it not thine own ? and after it was sold , was it not in thine own power ? viz. to have consecrated or not consecrated it , ver. . and ananias hearing these words , sell down and gave up the ghost . . whether it is not against the light of nature , and custome of all nations , to disanull the will of the dead ? gal. . . brethren , i speak after the manner of men , though it be but a mans covenant ( or testament ) yet if it be confirmed ( viz. by the death of the testator ) no man disanulleth it , i. e. no man ought to disanull it . therefore tithes having been given by testament , confirmed by the death of the testators , is it not against the light of nature , and custom of all nations to alienate them , heb. . , . for a testament is of force after men are dead . . many impropriations having been restored to the church by godly noblemen and gentlemen , and others having been bought in and setled in the most legal way that could be devised upon the ministry ; is it not against all justice and equity to take them from the church again ? and will it not discourage all men for the future from works of piety and charity when they see them thus perverted ? . whether it be not more then probable that there was a positive precept given by god to the fathers for the giving to him the tenth part of their substance , as he had formerly required the seventh part of their time ? and whether do not the examples of abraham and iacob so readily giving their tenth , evince this ? or without such a precept , had it not been will-worship in them ? and do not such positive precepts ( if unrepealed ) binde all to the end of the world ? as we see in the case of the sabbath . . whether tithes , as an honouring of god be not enjoyned in the first commandment ? as they tend to preserve the publike worship of god , in the second and fourth commandment ? and as maintenance to the persors of ministers , in the fifth commandment ? being part of the honour due to spirituall parents . . whether tithes can be called antichristian , which were paid so long before antichrist time ? and when antichrist [ the popes of rome ] were the first that durst take upon them to alienate them from the church , by granting exemptions , appropriations , &c. thereby robbing the church and parish ministers to gratifie the monks and friers ? and whether alexander of hales and thomas of aquin ( who lived about four hundred years ago ) were not the first that pleaded for these alienations made by the pope ? and whether they were not the first that to justifie the popes proceedings , pleaded that tithes were jewish ? . whether these scriptures do not concern christians , as well as they did the iews ? prov. . , . honour the lord with thy substance and with the first fruits of all thine increase : so shall thy barns be filled with plenty , and thy presses shall burst out with new wine . prov. ● . . it is a snare to devour that which is holy , and after the vow to make enquiry . prov. . , . remove not the old land mark , and enter not into the field of the fatherlesse : for their redeemer is mighty , and he shall plead their cause with thee . and sr edw. cook saith in his institutes , our law-books teach us , that the church is ever understood to be under age , and to be as a pupil and fatherlesse : and that it is not agreeable to law or right that such should be dis-inherited . mal. . , , , &c. will a man rob god ? yet ye have robbed me : but ye say . wherein have we robbed thee ? in tithes and in offerings ye are accursed with a curse : for ye have robbed me , even this whole nation . bring ye all the tythes into the ●●ore house , that there may be meat in mine house , and prove me new therewith , saith the lord of hests , if i will not open you the windows of heaven , and pour you out a bless●●g , that there shall not be room enough to receive it : and i will rebuke the devourer for your sakes , and he shall not destroy the fruits of your ground , neither shall your vine cast her fruit before the time in the field , saith the lord of hefts : and all nations shall call you blessed : and ye shall be a delightsome land , saith the lord of hefts . . whether those texts in the new te●●●ment do not prove , that to gospel-ministers belongs as large , if not larger maintenance then to the levitical priesthood , as their ministry is more excellent , and the blessings conferred thereby are greater . luk. . . the labourer is worthy of his hire . cor ▪ . . have we not power to eat and to drink . ver. . &c. or i only and barnal as , have not we power to forbear working ? who goeth to warfare any time at his own charges ? who planeth a vineyard and eateth not of the fruit thereof ? or who feedeth a flock and eateth not of the milk of the flock ? say i these things as a man ? or saith ●●t the law the same ? for it i● written in the law of moses , thou shall ne● muzzle the mouth of the ox that treadeth out the corn . doth god take care for oxen ! or saith he it altogether for our sakes ? for our sakes no doubt it is written : that he that pleweth should plew●●n hope : and that he that thresheth in hope should be partaker of his hope . if we have sewn unto you spiritual things , is it a great thing if we shall reap your carnal things ? ver. . do ye not know that they which minister about holy things , live of the things of the temple ? and they which wait at the altar , are partakers with the altar ? even so hath the lord ordained that they which preach the gospel should live of the gospel . gal. ▪ . let him that is taught in the word , communicate to him that ●ea●keth in all good things . ●hil . . . not that i desire a gift , but i desire fruit that may abound to your account . tim. . , let the elders that rule well be countedworthy of double honour , especially they who labour in the word and doctrine . for the scripture saith , thou shall not muzzle the ox that treadeth out the corn : and the labourer is worthy of his reward ▪ . whether to speak of a sufficient maintenance without tithes , be not a meer fancy , that never was , nor ( as i believe ) ever will be brought into action ? and whether it would not trouble the wisest men that are , to name a stipend that would be sufficient at all times , as tithes are ; which proceeding from the wisdome of god , cannot be matched , much lesse bettered by mans wisdome ? . whether be not tithes the fittest maintenance for the ministry , seeing hereby they partake with the people in times of plenty , which will more inlarge their hearts in thankfulnesse ; and suffer with them in times of scarcity , which will more affect them with sense of gods judgements ? for that when natural affections concur with spiritual , they are more active and vigorous . . whether the practice of the heathens , which used to give a tenth to their gods , will not rise up in judgement against christians , if they rob god of the tenth vvhich their predecessors have given to him ? . whether the judgement of so many eminent divines as have held it sacriledge to alienate that from the church which was once consecrated to god , should not lay a restraint upon all men from practising that which is so hazardous and scandalous ? that it is sacriledge , is the judgement of calvin , polanus , kickerman , perkins , with many others . . whether all or most of the arguments bent against the morality of tithes , do not equally militate against the morality of the sabbath ? as dr sclater hath shevved in his parallel in the end of his book of tithes . certain queries concerning bringing tithes into a common treasury , and reducing ministers to stipends . . if tithes should be brought into a commoon treasury , and ministers paid out thence , whether would our country-men , that say tithes are such an intolerable burden , be any whit eased ? yea would they not be more burdened by how much their tithing would be looked more narrowly into ? . would not the trouble of ministers be far greater , being enforced to send or go from market to market for every bushel of corn or mault , &c. that he spends in his house ? . if a dearth come , would it not tend to the ruine of many ministers families , who will be forced to spend more in a quarter then they receive for their half years allowance ? . if things should rise in the price the next hundred of years as they have done the last , how shall ministers be then able to live upon these stipends ? . how many officers must there be imployed in every county to bring the tithes into a common treasury , all which , either in whole or in part , must be maintained out of them ? and how will this curtail the ministers share ? . what attendance must ministers give quarterly , or each half year , upon the trustees or treasurers in every county , till they have list or leisure to pay them ? what trouble , journeys and expences will this put them to ? how will they be enforced to bribe , and pay for expedition , or to be fobbed off with base and clipt money ? or to be forced to take wares for their money , if the treasurers be tradesmen ; as many have been served of late in the case of augmentations ? . will not ministers hereby be cast upon tentations , to speak onely pleasing things ( like trencher-chaplains ) lest their stipends should be taken from them ? . can it be expected that ministers can or will be so liberall to the poor , and given to hospitality when they buy all with the penny , as when they have it in tithes ? . will not such as bear the bag , and upon whom the ministers must depend for their subsistance , lord it over them with pride and contempt enough ? as bad , or worse then the bishops and their chancellors did ? . though such as are of the best repute in each county should be chosen out to be the treasurers , yet do we not see by daily experience , how men are mistaken in judging of the honesty of others ? and how many men fall from their former principles of honesty ? and that if neither of these should be so , yet how apt standing waters are to putrifie ? . if contentious suits have been betwixt ministers and people about tithes , hath it not for the most part arisen from the peoples covetousnesse , pretending c●stoms , prescriptions , or compositions , to defraud the ministers of their due ? . were not patrons at the first made choice of to defend the ministers right against the fraud and injustice of the people ? and may not the wisdome of the parliament finde out the same , or some such like course , whereby the minister shall neither be ingaged in contentions with his people , nor troubled with avocations from his study thereby ? . may there not arise as many or more quarrels in case tithes be brought into a common treasury , whilest some pretend conscience , and so will pay none at all ; others think themselves over rated ; others think that the tradesman , who gets more by his shop then they do by the plough , should bear an equal share in this common burden ? and who then shall take course to enforce such to pay ? if the treasurers in the country , surely they will prove but cold solicitors in anothers cause . but suppose they do stir , they must spend out of the common stock ; and such suits being like to be many , especially in such times as these , how will the ministers stipends be curtailed thereby ? besides , may it not be supposed , that they which spend of other mens purses , are like to cut large thongs out of others hides ? . if the countryman shall pay a rate in money for his tithes , will it not come far more hardly from him ? even like drops of bloud , money being usually very short with them . and will he not think it far easier to part with a cock of hay , or a sheaf of corn , or such a small thing , then to part with so much money as his whole tithes may come to , once or oftner in the year ? and how little will he think himself eased hereby ? . if tithes be brought into a common treasury , when a living is worth two , three , or perhaps four hundred pounds by the year , a great part of it will be disposed of to other places , and will it not certainly be a great grief to the people , that their tithes shall go to they know not whom ? certainly to such as neither feed their souls with the bread of life , nor their bodies with the staff of bread ? and will not their poor want that relief , and themselves that entertainment which they used to have at their ministers house , to the aggravation of their discontent ? certain qeries concerning our late petitioners against tithes , and an imposed maintenance . . vvhether have we not cause to suspect , that those persons which petition against tithes and an imposed maintenance , are acted by jesuites , who cunningly creep in amongst them , seeking hereby to overthrow the english ministry , which hath so strongly opposed them , both by word of mouth and writings ? and the rather , because of that scottish jesuite , who lately turned anabaptist , and upon examination at newcastle confessed that he was sent over for that end . besides some other like examples which might be easily produced . . whether can such petitioners be rightly stiled the godly and well-affected of the nation , who strive hereby to bring the greatest judgement upon the nation that ever did , or can possibly befall it ? viz. a famine of the word , amos . , &c. and the removing of our teachers into corners , isa. . . . whether have vve not cause to believe that the far greatest part of the gentry , yeomandry and commons of the land , that have tithes to pay , are desirous to have them continued to the ministry : seeing so many thousands of them out of a few counties petitioned the late parliament for the same : and no doubt but many thousands more out of every county would do the like , if they had the least encouragement thereunto . . whether if tithes were wholly taken away , would the generality of the people be at all eased , seeing both purchasers and tenants must pay so much the more for their land ? . whether can we imagine that the parliament , that hath so lately declared to the world , that they will be exceeding tender of every ones liberty and property , will now so soon after take away the propriety of all the ministry of england at one blow , to the ruine of so many thousand families for the present ; to the discouragement of parents from bringing up their children to the work of the ministry for time to come , and so to the indangering of the removall of the gospel from amongst us ? . whether would not these petitioners ( if tithes were removed ) cry out and complain as much of the tyrannicall oppression and burden of rents , as the anabaptists in germany did , and so never be quiet till they have levelled all things ? — si non prosunt singula multa juvant . finis . notes, typically marginal, from the original text notes for div a e- see s. hen. spelmans councils . anno . orig hom. . in num. cypr. epist. . this also is justified by ●llar●● , decleric●● , l , ● , c. . instit. . c. . cor. . , &c. i have good information that there are lately come over . iesuites that have their frequent meeting in london to drive on this design . a winding-sheet for england's ministry which hath a name to live, but is dead sent to john owen, called dr. in that ministry, and late vice-chancellor of oxford, and is in answer to his printed paper concerning tythes : or, an examination of those scriptures by which he seems to prove, that the publike maintenance for preachers of the gospel by way of tythes, is a gospel-maintenance, but upon examination thereof by the scriptures, he is found to be a subverter of them, and, that tythes is no lawful maintenance for gospel-ministers. foster, t. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a winding-sheet for england's ministry which hath a name to live, but is dead sent to john owen, called dr. in that ministry, and late vice-chancellor of oxford, and is in answer to his printed paper concerning tythes : or, an examination of those scriptures by which he seems to prove, that the publike maintenance for preachers of the gospel by way of tythes, is a gospel-maintenance, but upon examination thereof by the scriptures, he is found to be a subverter of them, and, that tythes is no lawful maintenance for gospel-ministers. foster, t. , [ ] p. s.n., [london? : / , i.e. ] caption title. attributed to t. foster by wing and nuc pre- imprints. signed: by a member of the true church, and of that society which the world calls quakers. imprint suggested by wing. imperfect: stained and cropped; best copy available for photographing. reproduction of original in the huntington library. eng owen, john, - . -- two questions concerning the power of the supreme magistrate about religion. clergy -- pensions. tithes. a r (wing f ). civilwar no a vvinding-sheet for england's ministry which hath a name to live, but is dead. sent to john owen, called dr. in that ministry, and late vic foster, t c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vvinding-sheet for england's ministry which hath a name to live , but is dead . sent to john owen , called dr. in that ministry , and late vice-chancellor of oxford . and is in answer to his printed paper concerning tythes . or , an examination of those scriptures by which he seems to to prove , that the publike maintenance for preachers of the gospel by way of tythes , is a gospel-maintenance . but upon examination thereof by the scriptures , he is found to be a subverter of them , and , that tythes is no lawful maintenance for gospel-ministers . friend , i have lately perused thy printed paper concerning the power of the supreme magistrate about religion , and the worship of god ; as also , concerning tithes : all which thou hast proposed in three questions , and ( as thou saist ) resolved . now let me tell thee , 't is no difficult thing for any man to propound his own questions ( as thou hast done , waving another mans ) and then answer them . my purpose is at this time to speake to that onely which concerneth tithes , and to examine thy proofs which thou thy self hast quoted on their behalf , and which is so much ( by the ministry of england ) contended for ; that rather then they will not have upheld , and fully exact from those who in conscience cannot pay them , they have not onely ●●oiled people of their goods , and often taken ten times more then the tithes 〈…〉 but a 〈…〉 their bodies into prison , where many of them have 〈◊〉 their 〈◊〉 mony against themby death . but surely where such cruelty 〈◊〉 hath been exercised , and too often used upon tender consciences , or upon men supposed to disrespect the publick preachers of the gospel , upon the account of their maintenance , for food and raiment convenient for them for preaching , they had need be upon infallible grounds , first , that they are true ministers of christ jesus , sent forth by him to preach the everlasting gospel . secondly , that their lives and practices are agreeable to the gospel ministers in the primitive times ; and thirdly , that tithes are the undoubted maintenance for such ministers , before ever they should have proceeded to the imprisonment of mens bodies , and forcing from them their estates , for not paying of them ; and if you cannot all manifest your selves by these things , then give me leave to tll you all , you are deceivers , and not gospel-preachers , and the lord will require the blood of the innocent at your hands . but i shal come to the question propounded by thee , and examine thy proofs for tythes . question , whether it be convenient , that the present way of the maintenance of ministers or preachers of the gospel be removed and taken away , or changed into some other provision . which queflion thou hast in eight particular answered , and towards the close of thy answer saiest ; that to take away the publick maintenance , viz. the tithes , provided , as thou saist , in the providence of god for the publick dispensers of the gospel , upon pretences of present inconvenience , or promises of future provision , is a contempt of the care and faithfulness of god towards his church , and is in plain terms down-right robbery . and further thou saist , that to entitle a nation unto such an action , by imposing it on them without their consent , is down-right oppression . . i shall first speak to the question propounded , and in answer thereunto , do positively affirm , and say contrarily , that the present way of maintenance for ministers by tithes , is not onely a great oppression , and intollerable in a christian common-wealth , or amongst men professing christ jesus to be their king , priest , and prophet , but also antichristian , and contrary to the maintenance and practice of gospel-ministers : and that not to remove such an oppression , were little less , in plain english , then direct robbery , or to uphold wickedness by a law , god having appointed no such maintenance for gospel-preachers , but is a maintenance , as you may read , set up by pope gregory the tenth , in the year . and not by christ , nor was it ever practised by the apostles or disciples of christ in the primitive times : and cook in the third part of his institutes also testifies , that tenths and first-fruits are but a late innovation , and claimed by the pope as successor to the jewish high-priest : and doctor seamor , one of your own divines confessed before the committee of parliament , in the year . that their call to the ministry had its 〈◊〉 first rise from the pope of rome ; it follows then , your maintenance must be from thence also . now that tithes is an oppression and an unrighteous thing , examine the sufferings of diverse of the mattyrs in queen maries daies , recorded by fox in his acts and monuments , as john wickliffe , walter brute , william thorp , and others , who suffered in flames for their testimony against tithes : and that this age is not without a faithful testimony . see the sufferings of the christians until death in our daies ; as thomas bromby , john cason , william sykes , william tucker , stephen yaton , arnold trueblood , william serjeant , and others , who in several goals of this nation finished their testimony also against tithes , by suffering imprisonment until death , and thousands by spoiling of their goods ▪ who is there almost that i but sober amongst is , or that dares approve himself to be a christian , but hath , or will give his testimony against tithes , and say , 't is a burthen intollerable to be born by all that 〈…〉 but because i desire that the truth may prevail , and that it may be made manifest to all that have but a seeing eye , or a hearing ear ; i shall examine the strength of thy proofs by those very scriptures which thou hast quoted to prove tithes a fit maintenance for the publick dispensers of the gospell . thy first proof is cor. . . in which place the apostle saith , they that preach the gospel should live of the gospel . now i appeal to all indifferent men , that do not suffer the thick vail of false doctrine to remain as scales upon their eies , whether this text pleads for a maintenance by tithes , or no : if thou hadst known what it is to live of the gospel , thou wouldst have cried out against the oppresiing of tender consciences to maintain thee , and not have cried out to the civil power , for fear that the oppression should be removed . friend ! is forcing from people the tenth part of their hard labour and estates , to maintain your generation in pride , idleness , and fulness of bread , a living of the gospel ? if this be to live of the gospel , 't is a life the apostles and true ministers of christ never lived , nor their lord and master never commanded ; who when he sent forth his disciples to preach , charged them not to take any thing for their journey , nor two coats , no scrip , no bread , nor any mony in their purses , mark . , . but now you are so far from observing christs doctrine , and his commands , that your generation walk quite contrary : for instead of going forth without provision , you will not go forth unless it be well assured unto you before-hand . the true laborers in christs vineyard , i say , never contracted for a settled maintenance , nor divined for money , as you do ; but as they had freely received , so they freely gave , and when they had done christs work , received christs wages , but not compelled peoples estates from them , nor for being unwilling to part with it , cast their bodies into prison , as many of you have done . now friend , because thou art ignorant of christs doctrine , and of the gospel-ministers maintenance , as also of the apostles words before by thee quoted , i shall let thee know , that to live of the gospel , is to receive what is freely administred unto thee : or thus : the true ministers of the gospel first plant a vineyard , and then partake of the fruit thereof : or thus , they receive temporal hings of those to whom they sow spiritual things , cor. . . yet ( lest any should be mistaken , as though the apostle would be so mainteined ) the apostle saith , i have used none of these things , neither have i written these things , that it should be so done unto me , vers. . by which thou feest plainly , that the apostle and true minister of the gospel , was no mercenary preacher nor hireling , but freely as he had received , so he freely gave : he was so far from compelling any to maintain him for preaching , as your fraternity do , that he denied his christian liberty , and wrought with his hands : i say , paul sought for no reward from men for preaching the gospel , as you all do , but saith he , if i do this thing willingly , i have my reward ; and what is my reward , saith he , verily this , that when i preach the gospel , i may make the gospel of christ without charge , that i abuse not my power in the gospel , ver. . now let all the world of unbelievers see , how contrary the practice of the ministers of the church of england is from the true ministers of christ , and how chargeable your gospel is , even so dear hath it been made to some , that it hath cost them their lives in nasty prisons , when as the true ministers gospel is without charge , and is freely preached to all that will receive it . and saith the true prophet , hoe , every one that thirsteth , come to the waters , and buy wine and milk without money , and without price : this is the voice of the true prophets of the lord , but the false prophets they look for their gain from their quarters : and even as troops of robbers wait for a man , so do they murther in the way by consent , hosea . . thy next proof for tithes is this , gal. . . the words of the apostle are these ; let him that is taught in the word , communicate unto him that teacheth , in all good things . truly , friend , wer 't not thou wilfully blind , or willingly ignorant , thou wouldst not prodnce this text to prove tithes a lawful maintenance for gospel-ministers , but wouldst ingeniously confess , and in singleness of heart say , this is from the text , and tithes are antichristian . there needs no other confutation of thee herein , then the aming of the words themselves , which i recommend to thy review , and all mens else who can but read english . friend , be not deceived , nor do thou any longer endeavour to deceive others : for though thou maist do so , yet the lord will not be mocked , nor the true christians deluded by such lines of confusion and palpable darkness , as thou wouldst draw over the minds and the understandings of the civil powers of the earth , who have drunk down error for truth , even as the fishes drink water : and this they and other silly people do , under the specious pretences of your being ministers of the gospel , when as in truth the gospel of christ you are strangers unto , and so are ignorant of its maintenance . bee advised by a lover of the truth , to learn wisdom , and no longer to make a trade of the scriptures ; but let the time past , wherein thou hast walked in the vanity of thy mind , contrary unto truth and sound doctrine , suffice ; and peradventure the lord will wink at thy ignorance , and accept of thy repentance ; for the scriptures were not given forth to make a gain of , but to be believed and fulfilled in their season , and they are profitable for instruction , for correction , for reproof , that so the man of god may bee made perfect : which doctrine of perfection you all deny , and so are not found in the doctrine of christ and his apostles , but out of it , and are strangers and enemies to it . the third scripture thou bringest , is luke . . where our lord jesus christ in his commission to his disciples , commands them to remain in whatsoever house they should enter , eating and drinking such things as they give ; for saith he , the laborer is worthy of his hire . i shall now examine whether you and your fraternity be such as christ sent forth to labour in his vinyard , or whether you be not such as beat his servants , ( which from time to time he sent forth , and when the son came , killed him also , that so the inheritance might be theirs . ) first then , are you lambs , as the true ministers of christ were , verse the third of the same chapter , ( & as the true ministers of christ are at this day amongst wolves ? ) or are you not the wolves your selves , sucking the blood , and tearing the flesh of the lambs , and they do not resist you ? secondly , are you such as go forth without money in your purses , and without scrip and shoes , saluting no man by the way , as christs disciples did ? verse . or do you not instead thereof , go forth well accommodated and provided with all these things , and rather then you will stir , be assured of one hundred pounds by the yeer , and seldom less , but often times more ? and in your going forth , do you salute no man by the way ? or do you not rather complement with all you know , and court every man in power ( who will be lead by you ) for augmentations , plurarities , or greater livings and preferments then you either want or deserve ? thirdly , do you say , peace be to the house whereinto you enter , as the true ministers of christ did , and still do ? or do you not insteed thereof , either sit down in your own great parsonage-houses , and there lord it more like kings in their palaces , then like despised ministers of the gospel ? or if you enter into other mens houses , whether instead of saying , peace be unto it , you do not proclaim war , and with swords , staves , bailiffs , or constables , force your selves in , and take by violence , their goods from them , to satisfie your bellies , and your unsatiable lusts of the tenths of mens labours and estates that owe you nothing , nor receive no spiritual things from you . fourthly , are you such as eat and drink such things as are set before you , as the true ministers of christ did , and still do ? or do you not devour widows houses , and for a pretence make long prayers ? fifthly : are you such as are content with your hire ? and do you receive it from those onely that set you to labour ? or do you not require pay from those that know you to be loyterers , and never set you to work ? friends and people , examine the case whether it be not so ; if so , they have no title to a gospel-maintenance , no more then they can evidence themselves to be christs ministers , and which maintenance is no more by tythes , then they can prove themselves to be gospel-preachers , which by their doctrine and practice appears they are not . the fourth scripture thou bringest to prove tythes a gospel-maintenance , is the cor. . . . where the apostle saith thus , who goeth a warfare any time at his own charge ? who planteth a vinyard , and eateth not of the fruit thereof ? or who feedeth a flock , and eateth not of the milk of the flock ? this is thy proof for tythes : to which i say , thou hast more need to be pittied , then refuted , as being wholly ignorant of the scope of the apostle in that place ; he is so far from exacting a forced maintenance , especially upon the accompt of his ministry , that he thus reasoneth with the corinthians , though [ saith he ] i be not an apostle to others , yet doubtless i am to you , for the seal of mine apostleship [ saith he ] are ye in the lord , verse the second of the same chapter ; and from thence argueth as before in the seventh verse . now say i , if you would follow the example of the apostle , and do as he did , to wit , sow spiritual things indeed and in truth , and not preach your own imaginations for christ's gospel , then should they to whom you sow spiritual things , administer unto you their temporal things , and that as freely too , as you should administer your spiritual things ; but if you shall reap where you sow not , as now most of you all do , then must we needs deny you to abide in the apostles doctrine , and say you are none of christs ministers , and deserve none of his maintenance , but are vsurpers , hirelings , and no gospel-ministers , and deserve punishment rather then pay . the fifth scripture quoted by thee to prove tythes a gospel-maintenance , is in the same chapter , the , , , , & . verses , which because i will not repeat , they being all concerning the same argument before spoken of , i shall refer the perusal of them to the impartial reader , and he will clearly see those texts are so far from proving tythes a gospel-maintenance for gospel-ministers , that the apostle is direct against a setled maintenance ; first , by his argument in the th . verse , where it is said , thou shalt not muzzle the mouth of the ox that treadeth out the corn ; by which it appears the ox must tread out the corn , whose mouth is not to be muzled . are you such as tread out the corn ? if so , then we shall not allow that your mouths should be muzled , but have food and rayment convenient for you , as the true ministers of christ have ; and were you such , you would therewith be contented ; and of this you need not ( nay you would not ) doubt ; for i never yet saw the righteous forsaken , nor his seed beg their bread , as you and your seed have done , the more are you to be pittied . the other argument is from the apostles words in the . and . verses , where he saith , if we have sown unto you spiritual things , is it a great matter if we shall reap your carnal things ? yet nevertheless saith he we have not ased this power , but suffer all things , least we should hinder the gospel of christ . so far was the apostle from owning a setled maintenance , that you see he denied the lawful use of his christian liberty ; nay , let me say further , a setled maintenance is most unreasonable and unjust for gospel ministers , because they are to be obedient alwayes to christs commands , and christs work is not alwayes in one place , and therefore can have no setled maintenance : i say , his ministers are to go where 〈…〉 and to be paid where they do their work , sometimes in one city , and sometimes in another , and where they sow , there are they to reap , and not to reap where they sow not ; so that we deny you and your setled maintenance to be of christ , but both are out from christs way , and therefore cannot pay you the one , nor allow you the other . the sixth and seventh scriptures quoted by thee , is in psal. . . & isa. . . where in the first , the prophet david speaking , as i may say , in the person of christ , ( the lord having in the seventh verse said , thou art my son , this day have i begotten thee ; goes on and ) saith , ask of me , and i will give thee the heathen for thine inheritance , and the uttermost parts of the earth for thy possession : and as to that place in isaiah , where the prophet saith , kings shall be thy nursing-fathers , and their queens thy nursing-mothers , and they shall bow down to thee with their face towards the earth , and lick up the dust of thy feet , and thou shalt know that i am the lord , for they shall not be ashamed that wait for me . i say , that neither of these two texts is to the matter of tythes , or maintenance intended by thee ; for the one speaks of christ his being the begotten son of the father , and of the greatness of the sons dominion , and of his power over the heathens rage , and over the counsels which the rulers take against him , and is also a prophesie of their destruction , for saith he , thou shalt break them with a rod of iron , and dash them in pieces like a potters vessel . and the other text is concerning the lords owning of the gentiles , and setting up a standard to the people ; and because the lord will own them , and bring them in to be his people , which were not his people , therefore it is that kings shall be their nursing-fathers , and queens their nursing-mothers , &c. and they shall not be ashamed that wait for him . friend , hadst thou a discerning in the things of god , thou wouldst have seen also , that part of this prophesie is to be fulfilled upon the oppressors of the children of god , even upon the hirelings , and those that prey upon the captives of the lord , vers . . of the same chapter ; and the lord saith , he will contend with them that contend with his people , and will save his children ; and they that oppress them shall eat their own flesh , and they shall be drunken with their own blood , and all flesh shall knew that god is the saviour and redeemer of his people , even the holy one of iacob : ver. . and now let the wise in heart judge whether these scriptures hitherto quoted by thee , speak any thing as to the maintenance of ministers by tythes , or not . the eighth and ninth places to prove the publike maintenance by way of tythes , to be a fit maintenance for publike dispensers of the gospel , are these , gen. . . heb . , . and cor. . . to the two first which speak of abraham's paying the tenth of the spoils to melchisedeck , and also of levi's receiving of tythes , is nothing at all to the maintenance of gospel-dispensers , for which end thou quotest them : and without controversie that priesthood is changed , for it made nothing perfect ; and another priesthood is arisen , who is made not after the law of a carnal commandment , but after the power of an endless life , who hath put an end to the first priesthood , and consequently to tythes also , and to the doctrine of all such hirelings as will not preach without gifts and rewards . the other text being the cor. . which saith , they that preach the gospel , should live of the gospel , hath been largely spoken to already ; and therefore i shall conclude , and tell thee , that thou hast proved nothing by scripture , that tythes is a gospel-maintenance , or that the dispensers thereof are to be afforded tythes by way of maintenance for preaching the gospel . it now remains to make it appear as well to thee , as to all men else , that you ( who call your selves ministers of the church of england ) are neither ministers 〈…〉 , nor of the spirit ; and if so , i shall leave wise men to judge whether you deserve to be maintained and upheld as ministers of the gospel , yea or no . first then , i say , you are not true ministers of the letter , inasmuch as you preach contrary thereunto , & that i shall instance in these particulars following ; as first , you say , that the holy law of god cannot be kept by the best of saints while they live upon earth . which doctrine is contrary to the doctrine of the scriptures , and to the experiences of the saints recorded therein : for david said that he had kept them ; psal. . , , , verses . and st. john saith , that hereby shall the saints know that they know him ; to wit , if they keep his commandements , joh . . intimating , that he that doth not keep the commandements of god , doth not know him : and again , he that saith he knoweth god , and keepeth not his commandements , is a liar , and the truth is not in him , vers. . what ministers are you then ; that not onely preach contrary to the letter of the scripture , but also contrary to the experience of the saints ? secondly you say there is no perfection to be attained here , and so preach a doctrine contrary to the letter of the scriptures , for christ commanded his disciples to be perfect , as their heavenly father is perfect : and the apostles doctrine was for the perfecting of the saints ; and he said he spake wisdome amongst them that were perfect : this being so , i shall leave all sober men to judge , whether you be true ministers of the letter ? and yet are so bold as to say , you make the scriptures your rule . i could clearly instance in many more particulars , that you are no true ministers of the letter of the scriptures , but these are sufficient . secondly i affirm , that you are not ministers of the spirit neither , of which the apostles were able ministers , for you ( contrary to the scriptures , and to the doctrine of our lord jesus christ ) say , that revelation is ceased : whenas our saviour himself expressly saith , no man knoweth the son but the father , neither knoweth any man the father save the son , and he to whom soever the son will reveal him , mat. . . so then its evident enough , that all you who deny revelation , know neither the father , nor the son : whom to know is life eternal , and without the knowledg of whom you cannot know the mind of the spirit : for the spirit of the lord revealeth not the thing of its self to any , but to those that receive the teaching of the father and the son ; and no man can know the father and the son , but by revelation . so that it appears to all men of a good understanding , that you are neither ministers of the spirit , nor of the letter . now since it is thus evident , that you are no ministers of the spirit , as the true ministers were , nor yet true ministers of the letter ; whose ministers may some say , are they ? i answer : you are ministers of antichrist , and found to be in the doctrine of the church of rome ; whose belly is your god , whose glory is your shame , who mind earthly things : you are fruitless trees cumbring the ground , and whose end is to be burnt and consumed by the breath of his mouth , and by the brightness of his coming ; and this will be your reward and portion without speedy repentance , and turning from your wickedness , whereby you craftily deceive the simple , and mislead the innocent whom the lord will teach , for he hath said , his people shall bee all taught of him . friend , my purpose is not to plead against a gospel-maintenance for gospel-ministers ; no , god forbid , for i own both ; but to cry out against tythes , and a forced maintenance , as all men of sobriety and moderation do , and must do if they approve themselves true christians : i say , the true worshippers cannot maintain a false ministry , nor uphold the temple of idols , as well knowing they must fall , together with all the ceremonies and false doctrine practised and preached in them , and by them : nor had i been found to discover thy nakedness to the world , hadst thou not so visibly appeared to be cloathed with a shadow , and to be found disowning the wedding-garment . and now let me ask thee , and those of your generation and profession , on whose heads , do you think , all the guilt of that blood that hath been shed in england for tithes within these seven years past , besides the loss of goods and lives of many of the dear servants of the lord will light , if not on you who plead for , and will have tithes , and force a maintenance from the servants of god , contrary to their consciences ? do you think to shuffle it off from yourselves , and lay it upon the civil magistrates ? o no! you cannot ( though they are not guiltless herein ) the lord will not be mocked ; for you are the men who have robbed the lord of his honor , and his people of their goods , liberties , and lives , to put into your bellies , and to uphold carnal ordinances , which perish with the usings and to keep alive your dead meetings , dead prayers , dead preachings , dead doctrines , dead fasts , dead exercises , and dead ministry . friends , let me tell you , your foundation it in death , and therefore your dead structure will fall to the dust , and the house you have built , fall upon your own heads , all the powers of the earth being too weake to uphold it . and that in thy paper which is not answered herein , is left to another hand to answer , partly because i wanted room in this sheet , not willing to bestow sheets upon thee concerning this matter . now that i may not leave you without a word of counsel , i do in love to all your souls admonish you to come out of babylon , your land of confusion , and where your language is confounded , and come unto the true fear of the lord , which is the beginning of wisdom , and the way to a good understanding in the things of god , and so in time as you be faithful , may you become gospel-ministers , and receive gospel-maintenance . by a member of the true church , and of that society which the world calls qvakers . the end . the great case of the tythes and forced maitenance [sic] once more revived the true state thereof enquired into, before the law, under the law, among the jews : likewise under the gospel, the true ministers of christ, their allowance shown : likewise in the corruption of time since christ, how tythes have been introduced, wherein antiquity is searched, and the judgment of the fathers of the church in several ages produced, besides the scripture it self examined : in all which is clearly proved, tythes and forced maintenance, are no gospel maintenance : the scriptures answered, divers arguments confuted, and objections answered, which are brought by the ministry of this late age : also the institution and division of parishes and their rise, all which are published for the benefit of all, who desire that gospel order might be established again in all the churches of christ / f.h. howgill, francis, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the great case of the tythes and forced maitenance [sic] once more revived the true state thereof enquired into, before the law, under the law, among the jews : likewise under the gospel, the true ministers of christ, their allowance shown : likewise in the corruption of time since christ, how tythes have been introduced, wherein antiquity is searched, and the judgment of the fathers of the church in several ages produced, besides the scripture it self examined : in all which is clearly proved, tythes and forced maintenance, are no gospel maintenance : the scriptures answered, divers arguments confuted, and objections answered, which are brought by the ministry of this late age : also the institution and division of parishes and their rise, all which are published for the benefit of all, who desire that gospel order might be established again in all the churches of christ / f.h. howgill, francis, - . m. l. guy, edward, th cent. raunce, john, th cent. [ ], , [ ] p. s.n. ], [london : . marginal notes. signed: francis howgill. "an epistle to the reader": signed edward guy. "the poor husband-mans complaint : his hope and confidence" [in verse] signed j.r. [i.e. john raunce?]: p. - . "as one fore-seeing the day of terror that is to come upon babel, makes this invitation" [in verse] signed e.g. [i.e. edward guy]: p. - . "the great complaint and outcry of one of the sufferers of sion" signed m.l.: p. - . errata: p. 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instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tithes -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the great case of tythes and forced maitenance once more revived ; the true state thereof enquired into , before the law , under the law , among the jews ; likewise under the gospel , the true ministers of christ , their allowance shown ; likewise in the corruption of time since christ ; how tythes have been introduced , wherein antiquity is searched , and the judgment of the fathers of the church in several ages produced , besides the scripture it self examined ; in all which is clearly proved , tythes and forced maintenance , are no gospel maintenance ; the scriptures answered , divers arguments confuted , and objections answered ; which are brought by the ministery of this last age . also the institution and division of parishes , and their rise , all which are published for the benefit of all , who desire that gospel order might be established again in all the churches of christ. f. h. printed in the year . an epistle to the reader . impartial reader , thou hast here recommended once more unto thy view , what as from time to time , and from age to age , hath been not only the grand cause of invocating counsels , but also hitherto even the ground of great dispute and controversie , if thou this treatise do with a single eye peruse , and ballance the same in just and equal scales , thou wilt find it of so much validity , as will poise thy judgement to give sensure , that this is a clear and true demonstration of the matter in hand ; if thou be serious in thy view , sincere in thy heart , and single in thy mind , as willing to know the radix , rise , and ground of the matter herein handled , then wilt thou find this the very key which will aright , and may without scruple open unto thee , and demonstrate the very certain infallible and sure testimony , as well of their original rise , growing , begetting , constituting , settling , confirming , upholding , and maintaining of them , viz. tythes ; all which that thou mayst be clearly informed , may thou finde as by step and step herein traced , thou wilt finde their original as first how tenths were given before the commandment was given forth to the jews , thou wilt also find their growing , and their institutions thou may clearly see , and wherefore they were so instituted , thou wilt finde them when confirmed , and thou wilt finde them when corrupted , thou wilt finde them when lawful , and thou wilt finde them when not lawful ; thou wilt find them when they were to be payed , and thou wilt find a time when they ought not to be payed , and because the ministers of our age , as we have daily from them , do vaunt and boast themselves of the orthodox fathers of their church , therefore wilt thou find by a narrow search , and a single eye in the reading hereof , unto which i do advise thee , and that in patience and sobriety , thou wilt , as one unbiassed ballance the same , here may thou have their opinions , and judgments also , and their ancient fathers quoted thou wilt have at large their own words ; all which as by this treatise is intended to inform thy mind , and be as a president how they are now in this our age apostatized from what they were , and now at length becom'd as usurpation , or abused ; and for thy more full and perfect understanding how they were continued and imposed , thou may also read the orders and decrees of many great councils , their opinions , judgements , and impositions , from time to time in many ages past ; thou wilt see the testimony of the holy martyrs and their verdict , and last of all the scriptures discussed , the arguments confuted , the questions answered , and the objections razed , which the ministers of our daies do produce , or in times past have been produced , as the basis or ground from which they inferre and lay their seeming fair foundation , these thou wilt all see sufficiently , clearly and evidently confuted , their structure defaced , their painted building demolished , their foundation unbottom'd , and they themselves , if their old root of covetousness were not so strongly centered in them , might be convinced , there is not one stone left , but all is overturn'd , and the bottom ●…wed , that thereby this babels foundation may now be thrown down at the last , which hath had so many batteries ●…d assaults against it , this as it is the last , so it is indeed a weighty peice , which if truth might have place ( and error and deceit , which since the apostacy is crept in once rooted ●…t ) then needed there not another of this nature , for this indeed doth bolt the door , and if sensibly felt , arightly understood , and the truth of it assented unto , then would there be no entrance ; but though all this may not take ●●ld with the worldly priest , yet herein have i hopes , that truth therein being so sufficiently demonstrated , may take place and footing in every honest reader , so far as that he may not only be informed , but convinced , and not only so , but being convinc'd by this which doth so candidly manifest the same , he may in the zeal of his heart own it , and stand in the defence thereof , vindicating the just cause thereof , and witness with his seal that this is true , which if unbiassed he peruse , it doth evidently appear unto me he cannot but own , as he is willing and aminded to own truth ; one thing more is also in this book inserted , to wit , the sufficiency of allowance to the ministers of christ i● gospel daies , according the doctrine of christ and the apostles ; and it were well if magistrates and superiors ●…ld weigh it , and that they would with the infallible eye of pure judgement , labour to discern the same , lest they de●…e or uphold that which in this case they ought not , to ●…t , tythes , lest the lord be angry for their so doing , it being so repugnant to the testimony of truth . and so let every honest reader weigh , and diligently and ●…riously consider , whether he ought to uphold truth or er●…r , light or darknesse , i assume he will say that he ought 〈◊〉 uphold and maintaine the truth , and to stand by it and for it , then let me ask him a sober question , in the sobriety and calmnesse of spirit , and i desire that in the coolnesse of the day he may answer it , according to the witness of his conscience ; my question is this , whether he doth not believe after that he hath had a serious view of this pie●● that he meets with such valid arguments , such clearness of demonstration , as may or doth convince him that the imposition of tythes now in gospel daies , is absolutely out of the doctrine of truth , and ought not so to be ? and if so convinc'd , whether he ought not to side and adjoyn with that of god in his conscience , in a testimony of this nature , and so partake with truth , which is a duty ought to be , and is incumbent upon every christian mans heart , which is the desire of him who is a well-willer to sions prosperity . edward guy . the great case of tythes once more revived , and the true state thereof inquired into , both under the jews , and also under the gospel , wherein antiquity is searched , and the judgment of the most orthodox fathers of the church produced , and also divers modern writers , beside the scripture it self ; all which clearly proving , that tythes are no gospel maintenance , neither are due by any divine right . also , all the scriptures answered , and the divers objections and arguments confuted , which are brought to maintain them by the ministry of this generation . since the seat of antichrist hath been set , and his thrown exalted so high as it now is , and he himself exalting himself above all that is called god ; and not only so , but he hath laboured to make void the laws and commands of the lord and his christ concerning his church , and likewise , to set up his own institutions and commandements , which are repugnant and contrary to the commands of christ , and the practice and example of the apostles , and holy martyrs of old , who laid down their lives , for the testimony of that doctrine and faith , which they had received of the lord jesus christ the saviour of man ●…d , and knowing the practice and the examples of christ and 〈◊〉 apostles , and holy witnesses , they continued in their doctrine to hold forth still the same in purity , and to keep it unviolated ●…n to their death , that they might shew themselves forth to be followers of their master christ jesus , and to abide in his doctrine , and walke according to the primitive example , notwithstanding all the opposition , and contradiction of antichrist and his followers which hath been great throw many ages , since the ●…tions have dranke , and the kings of the earth of the wine of ●…e whores fornication , and the way that antichrist and the false church hath had to exilt themselves , hath been by policy , craft , and deceit , in perswading the nations , that that which was once given , and offerd freely unto the lord for his workes sake , is now made of necessity , and claimed as divine right to th●● and their ministers , notwithstanding both the doctrine , the worship , and practice be all together inconsistant with the primitive times truly so call'd . but seeing the ministry of the false church who abode not in the doctrine of christ , ( but hath violated it , and now hath turn'd against the saints , the ministers and seed of the free woman ) hath not had power by vertue of their doctrine to worke upon the hearts and consciences of people , so as to open them and make them freely willing to minister earthly things to their ministers , because indeed most people in the nations are not perswaded that they have ministred spirituall things . and therefore the false church hath perswaded the powers of the earth , who have drunken of her cup , that it is their duty to force and compell all to give unto her and her ministers , as of divine right , whether people be perswaded or no that they are sent of god , and makes the s●…pture a cloak to cover their force or injunctions and produceth the example of the primitive christians for a cover , though they do nothing at all of the worke of the apostles or ministers of christ in converting of soules , but rather ministring their 〈◊〉 inventions , & vain traditions of men , instead of the true ordinance of christ , yet however maintenance they must and wil have though they do none of christs work , and are so imperious and arrogant as to recken tyths the tenth part of the encrease of the earth whatsoever , and of every mans labour , and merchandize , yet this they would perswade all people is by divine right , and a gospell institution , and this hath been received by many in our last generation , whose mindes hath been darkned with the cloude of ignorance for a truth , and for any to withstand or deny it , hath 〈◊〉 counted error and heresie , no less then a curse , from mistery babylon , did come upon all such as did gainesay , also some with losse of lives , as heretickes upon this account , and in this last age many imprisoned for divers years even untill death , and many have suffered great spoiling of their goods ten or twenty fold more then that which they pretended due , and yet all this people must believe is gospel institution and divine right . the consideration of which thing hath been an inducement 〈◊〉 my heart of late to make a true and a narrow search of the ●…fullnesse or unlawfullnesse of this particular thing , not only ●…ing the true state of tithes amongst the jewes , but also in 〈◊〉 primitive time , and amongst the ancient fathers of the church 〈◊〉 doctrine have been approved amongst the most faithfull ●…ers of the church of christ downward untill this last age . 〈◊〉 of all to speake of the tenths which were given before the ●…mandement was given forth to the jewes , abraham in his 〈◊〉 from redeeming his nephew lot , after the pursuit of ●…mer the king of elam with the rest of the kings joyned 〈◊〉 him having recovered his nephew lot with all his sub●… , and all the substance of sodom and gomorr ab was met by ●…dech king of salem , and priest of the most high god , 〈◊〉 blessed abraham , and brought forth bread and wine , and 〈◊〉 into him and to the rest who were with him , unto whome 〈◊〉 gave the tithes of all the spoile , that he had taken from 〈◊〉 ●●oresaid chedorlaomer , and the rest of the kings . chrysostome ●…stands the text only to be of the spoyls , whereof abraham 〈◊〉 m●lchisedech a partaker , by giving him the first fruits of his 〈◊〉 performance . and jerome often stiling it , decimas spoli●…da , & victoriae , that is , the tenth of the spoil of the prey , and 〈◊〉 victory . and this is made one of the main basis or ground 〈◊〉 probation of tythes due before the law , which is but only 〈◊〉 gift of abraham to melchizedech of the spoil he had taken ; 〈◊〉 that , but once that we read of ; take notice of that : not of ●…lies labours or industries , but of the spoil of what he had 〈◊〉 . and it is very clear , that it was a voluntary thing and 〈◊〉 given ; and there is a good shew of reason in it , that it was 〈◊〉 ●ay of gratitude unto melchizedech , and to requite his kind●… ●ho brought forth bread and wine unto his souldiers after a great 〈◊〉 , which refreshed both him and his souldiers , which was 〈◊〉 sign and a courtesie , if abraham had not given the tenth 〈◊〉 the spoil he had not sinned ; so an example of this nature 〈◊〉 be a binding law to future generations : for if the mini●… of this last age will make this a binding rule , we may as well 〈◊〉 of them bread and wine of every priest for our selves and whole families , and every officer may require bread 〈◊〉 wine of every parish priest for himself and all his souldiers , 〈◊〉 the one example is as binding as the other , both of them be●… voluntary . the next passage that seems to have any weight in it ab●… tithes , is jacobs vow , this stone , saith he , which i will set up at 〈◊〉 pillar shall be gods house , and of all that thou shalt give me , i 〈◊〉 surely give the tenth unto thee . this was an extraordinary occasion , and more then an ordinary appearance from god unto jacob before , when he 〈◊〉 from his father to haran , to take a wife of his own kin●… and the lord appeared unto him as he laid his head upon a stone the night being come , and said unto him , i am the god of abraham , the god of isaac , and the land whereon thou liest , to thee will 〈◊〉 give it , and to thy seed , and it shall be as the dust of the earth , and 〈◊〉 shalt spread abroad to the east , west , north , and south , and in thee 〈◊〉 thy seed shall all the families of the earth be blessed . he called 〈◊〉 name of the place bethel , viz. the house of god , because of th● glorious appearance of god , and of his great promise made 〈◊〉 him , which he did believe , as may be seen more at large in the whole chapter . so jacobs heart being opened and filled full 〈◊〉 joy and faith , he promised again unto the lord , and vo●… vow saying , if god will be with me , and keep me in this way th●● i 〈◊〉 so that i come again to my fathers house in peace , then shall the 〈◊〉 be my god , and of all that he giveth me , i will surely give the 〈◊〉 unto thee : which he performed after twenty years , as josep●… saith in these words , by offering unto the lord the tenth of all 〈◊〉 substance which he had got at haran , after that he returned unto tha● place where god did appear unto him , and made his promise unto 〈◊〉 then jacob performed his promise unto the lord. but unto wh●… hand he gave this tenth , appears not ; for before aaron the j●… say the priesthood was solely annexed to the first-born of fa●…lies , which agreed well with the sanctifying of the first-born commanded in egypt ; hence it comes that melchisedec is commonly reputed to be shem , the eldest son of noah , but that is controvertal , and so i shall let it pass . but it is thought by so●● that jacob payed his vow unto the hands of isaac his father , and gave unto him the tenth of what he had gotten , as being the 〈◊〉 of the family then living , and a priest also ; but as is said 〈◊〉 these two instances of abraham and jacob are only vo●… and free gifts , as a return of thankfulness unto the lord , 〈◊〉 one having got a great victory over his enemies , and the o●… having received a great assurance of the lord of his promise 〈◊〉 blessing with him , did bind them to it . but we do not read 〈◊〉 they were at all obliged by any special commandement , as 〈…〉 so much , though 't is granted , that after jacob had vowed 〈◊〉 was obliged , but these are no binding examples unto future ●…rations , especially them that pretends they are ministers of 〈◊〉 second covenant , the gospel : there is no other mention 〈◊〉 of tythes before moses his time , unless some will dreame , 〈…〉 will needs do , that the levitical law was written before 〈◊〉 creation . yet some of the ancients seem to have observed a ●…ct had to the quantity of what was as a part of the yearly ●…se consecrated in those times to the lord : and that even 〈◊〉 ●●e first memory of sacrifice , cains offering was not regarded 〈◊〉 say , because he did not well or a right divide what he offered , 〈◊〉 some quota pars were at that time required . 〈◊〉 this reason was from no other cause then the mistransla●… of the text in the story of cain , where the jews read it , if 〈◊〉 offer well , but not divided aright , hast thou not sinned ? 〈◊〉 ; unto which agrees the tex● of the septuagint , when as 〈◊〉 ●●ue translation out of the original is thus , why is thy coun●… cast down ? if thou do well , art thou not accepted ? if thou do 〈◊〉 , ●●n lyeth at the door . but most agreeable to the text , is that 〈◊〉 gave with a grudging mind , and not of the best and first of his 〈◊〉 , for it is expresly said , that abel brought of his first fruits , 〈◊〉 cain only of his fruit of the ground . abel giving then unto the 〈◊〉 a portion of the best , the other not regarding of what worth 〈◊〉 offering were . so here is not any certain quantity noted , but the ●ind of the spirit of him that offered , and the quality of the ●…on or gift . so the chief thing to be noted from this is , that cain was an hypocrite , and offered with that mind and spirit with which he sl●● his brother , and so his sacrifice was not accepted . but this is no plea or ground at all for the payment of tenths is due . tythes were never commanded to be payed by the lord 〈◊〉 any , but israel whose law was given forth four hundred thirt● years after the promise , as saith the apostle . neither were 〈◊〉 ever payable but by the jews , after they came to the land of c●naan , and to levi's tribe only , and to the jewish priests that 〈◊〉 no inheritance allotted them by the lord of all the land of ●●naan , or beyond jordan , but only the tenths , according to th● command of the lord , for the office of the priesthood , and 〈◊〉 the service of the tabernacle . how among the jews tithes were payed , or judg'd to be due , the yearly encrease being either fruit of ground , or cattel ; in the law of fruits of the ground , first , the first of the first ripe were offered to the priest in ears of wheat , figs , barley , grapes , oliv●● , pomegranates and dates , of these seven only the first fruits we●● payed , in what quantity the owner would . next the theruma or heave-offering , or first-fruits of corn , wine , oyl , and fleece , and the like , were given to the priests , but it being not determined by moses of what quantity this offering should be , the jews antiently judg'd it to be enough at the f●●t●eth part , but so , that no necessity was that every one should pay so much ; he that payed a sixtieth part was discharged , but some of better devotion payed the fortieth . the offerings spoken of in ezekiel , this is the theruma that ye shall offer , the 〈◊〉 part of an ephah of an homer of wheat , or of barley ; it is the sa●● as if he had said , ye shall offer the sixtieth part of an homer , for an ephah , being the same measure with a bath , that is near ou● common bushel ; and after this offered to the priests , every kind being given in season ; out of the rest were taken the tythes , which are best divided into the first and second time . the first tythe was payed to the levites out of the remainder at jerusalem , and out of this tenth received by the levites , the levites payed another tenth to the priests , which is called the tythe of the tythe ; for this is to be taken notice of , that priests received no tythe of husbandmen ; but now them that are no levites , neither of aarons priesthood , they take tythes of the husbandmen , and where it is not offered freely , they take it violently and by force ; so now in these latter dayes , in the apostacy , the late priests from that ●●●mple , have payed tythes to 〈◊〉 , being , as they reckon him , chief vicar upon earth . 〈◊〉 also now since the popes supremacy hath ceas'd with us in england , a late law hath been made , to pay the first-fruits to the 〈◊〉 ; yet notwithstanding the possessor was not to spend the 〈◊〉 till he had taken out of these nine another tithe , which he 〈◊〉 the first two years to carry to jerusalem in kind , or to con●●●● it into money , adding a fifth part to the value , after these 〈◊〉 thus disposed of , the remainder was every way prepared 〈◊〉 for common use of the husbandman . some make a third tythe , but that was only the tythe of 〈◊〉 third year , after the first was payed of every year , which was 〈◊〉 up by the husbandman within his own gates , for the levite 〈◊〉 is within his gates , the stranger , the fatherlesse and the wi●●● , ( and not carryed to jerusalem ) and this tythe bestowed ●●●y third year was called the poor mans tythe , and that third 〈◊〉 the second years tythe ceas'd to be payed at jerusalem : so 〈◊〉 every third year the levites at the temple received not 〈◊〉 second tythe at their feasts , but according to the law , i● 〈◊〉 spent at home in the gates of the husbandman ; neither doth 〈◊〉 second tythe , and the poor mans tythe differ in substance , 〈◊〉 only in circumstance , the place where the bestowing was 〈◊〉 only the difference , as the septuagint translates it , when 〈◊〉 ●●st ended the tythe of all the fruits of thy ground , in the third year , 〈◊〉 second tiths thou shalt give to the levite , and to the stranger , &c. but after the second temple was destroyed , and the dispersion 〈◊〉 the jews , then the laws of first-fruits , offerings , and tythes 〈◊〉 them ceased ; for their doctors determin'd , that regular●●● or according to the law , no inhabitants but of the land of 〈◊〉 was to pay any . first , because they then wanted their priesthood and tem●●● ▪ secondly , because the law did restrain the payment thereof to 〈◊〉 , and herein they all agree . also eusebius agrees with the jewish r●bbins herein , that tythes 〈◊〉 only limited to the land of israel . how the payment of these tenths was either observed or dis●●●●inued , partly appears in the scriptures , and partly in the 〈◊〉 of more trusty over●●●rs in their great sanadrim , or court of elders , wherein they agreed , that the overle●●● should be chosen of more honest men . by that which hath been said , may be perceived the state of the jews tything , by the commandement of god , and likewise the judgment of their own rabbins and doctors of the law , which gives a clear judgment of the practice , according as was in use , or exercised among them , and all do agree , that they , by a due right , did belong to the aaronical priesthood , and to the levites , and other officers in the temple and tabernacle , and for the service there , according to gods appointment , for hearing the tabernacle and setting it up , and for serving aaron and his sons ; and for the better ordering of things , they were divided into three parts , to wit , the levites , as the coathites , g●●shonites , and the marrarites , and these did receive the tenths of the people , and gave to the priests their part , which belonged to them according to the law of god in that covenant ; and 〈◊〉 the sons of aaron grew and multiplyed , then the priests were divided into ranks or courses to serve at the temple , of which our prebends , deans and chapters take their example , or imitation , so to serve by their turns at cathedrals as they are called , or else from the church of rome ; but the latter i am rather ●●clin'd to believe , because there was no such name of any minister among the jews , neither in the primitive church truly so called ; but the priests of aaron gave attendance to execute their office , and to burn incense as their turn and course came . and hereupon zacharias is said to be of the course of abia. the l●vites that were ●ingers were also divided into ranks or courses , of which i believe the present quiristers or singers , and s●●plice men do have their imitation , and bring the levites for proof concerning their offices ; but we cannot receive judaisme for christianity , neither their practice for apostolical ordinances in the church of christ. but how these things do agree with the primitive practice o● christ , his apostles and ministers , and the churches planted by them in their day , is easily seen in that which is written in sundry places of the new testament , so called ; and how it com●● to pass that they which pretend another priesthood , and to b● ministers of christ , should receive the tenth of all clean and unclean beasts , as pigs , geese , eggs , fowls , turneps , wood , and ●●●●is for the fire ; all which things we do not find mentioned , 〈◊〉 some of them forbidden to be offered under the law , and yet they pretend to be bishops and elders of the christian church , so that it seems they cannot distinguish of the time , nor yet of the ministration ; for if so , then they would be ashamed to lay claim to aarons tithes , and the levites , and yet doth none of their 〈◊〉 , which is contrary to all reason , truth , and equity , for that was given to them that had no portion among their brethren in the land , but these bishops , presbyters and priests , have their inheritances among their brethren , and besides have a great part of some counties and diocesses for their revenue , and their inferiour officers tithes of all things , yea of such things as was 〈◊〉 at all tithable in the law , as is said before , so what damnable deceit and hypocrisie is this ; is it any other but the popes 〈◊〉 ? an absolute apostate for hundreds of years , and must this be received as apostolick doctrine and practice , and enjoyned ? o for shame , let it never be made mention amongst them that do call themselves ministers of christ , neither any who do profess themselves to be christians , who dare not stand to christs doctrine and allowance in respect of their maintenance . but in the 〈◊〉 of time god raised up another priest , christ jesus , who was not of the tribe of levi , neither made after a carnal com●●●●ment , as the first priest was , neither was he consecrated 〈◊〉 the order of aaron , for he pertained to another tribe , of which no man gave attendance at the altar , viz. to judah , he 〈◊〉 a more excellent ministry , and of a greater and more perfect a tabernacle , not of the former building , he being the sum substance of all shadows under the first covenant , hath thereby put an end to the first priesthood , with all its shadows and 〈◊〉 ordinances , and changing the priesthood which had a command to take tithes of their brethren , there was a necessity also of the change of the law , and a disanulling likewise of the commandment which went before . now after christ jesus was manifest , the end of the law for righteousness to them that do believe , the end of the covenant , 〈◊〉 priesthood , tabernacle , temple , tithes , offerings , oblations , and in a word , all the worship of the jews , and all their shadows , types , and figures , and representations . all the sabbaths , fasts , feasts , and their divers washings , and purifying which all were but as shadows of things to come ; and he 〈◊〉 the sum and substance of them all , and ended them all ; 〈◊〉 whosoever will plead a necessity of all or any one of the former things mentioned in the first covenant that was faulty , christ profits him nothing , and he denies the faith of christ and ●is apostles , and ministers ; for circumcision was once commanded of god , and as real a type as any other , and yet they that would need hold it up , after the substance was manifest , to 〈◊〉 , christ jesus , the apostle paul concludes that christ profits the● nothing , though he elsewhere calls it the seal of the right●●●sness of faith unto abraham , which he had before he was circumcised . the like i also say of all the former ordinances which pertained to the first priesthood and covenant , and holds them up as of necessity , denyes the faith of christ , and christ profits them nothing , and do make themselves thereby as debtors to the whole law : and he that fails in the breach of one is guilty of all . therefore of how much necessity is it , for them that doth professe christ and the faith that was delivered to the sai●●● , to stand fast in that liberty wherein christ hath made them free , and not to be entangled with the yoake of bondage , but to keep the ordinances and commands of christ unviolated ; for they that lay claim to tyth●● , and would cause us to pay tyth●● , they themselves do not keep the law , but would constrain us , that they might glory in our flesh , and would confound the ordinances of the first and second covenant together , without putting any difference to the time and ministration unto which they did belong . the apostles and ministers of christ , who were made partakers of the divine nature , and of the word of reconciliation , did not look back , nor draw people back to the former ordinances of the jews , and their priesthood , but testified against them , their temples , fasts , feasts , and new moo●● ; and for these things , paul , and stephen , and divers others , suffered great persecution ; and christ the everlasting high 〈◊〉 , though he was the son of god , the heir of all things , and th●● first born of every creature , and the bishop of souls , though he was lord of all , he made himself of no reputation , nor did 〈◊〉 lay claim to the possessions of the world , but said , the f●xes 〈◊〉 ●●les , and the birds of the air have nests , but the son of man 〈◊〉 whereon to lay his head . he laid no claim to tenths , nor 〈◊〉 , nor oblations , neither to lands , where he travelled 〈◊〉 ●he work of the father , though he laboured for the conversion of souls in divers places , as the true bishop thereof . he laid ●o claim to any such places as to be his diocess , neither did look 〈◊〉 any gifts and rewards from any place , but as he was sent of 〈◊〉 father , and was the free gift of righteousness , he ministred 〈◊〉 : and likewise when he sent out his disciples , and gave 〈◊〉 commission to teach all nations and disciple them in the name of the father , son , and holy ghost , he said unto them ▪ 〈…〉 father sent me , so send i you . and again , freely you have 〈◊〉 , freely give . and again , take with you neither staff nor 〈◊〉 , nor mony , nor brass in your purses ; but into what house or city 〈…〉 , enquire who therein is worthy , and abide ye there till you go 〈◊〉 . and whatsoever is set before you , that do you eat and drink , 〈◊〉 the labourer is worthy of his meat . and though he sent them 〈◊〉 , as is before said , when they returned again , he said unto 〈◊〉 , lacked ye any thing ? and they said , nay . though they 〈◊〉 sent out as sheep among wolves , yet they preaching the 〈◊〉 of the kingdom freely , and turned people to christ the 〈◊〉 and living way , whereby their hearts were opened to mi●●●●● unto them , which serv'd for their necessity in the work of 〈◊〉 gospel ; they did not desire or require any s●ipend , sallary , ●●●mentation , or setled maintenance , but were ministred unto 〈◊〉 by them who had believed their report , and were made 〈◊〉 of spiritual things ; they never complained of want , 〈◊〉 never had any cause , nor did not give over preaching of 〈◊〉 gospel because they had no setled maintenance , like our lat●●● generation of priests , who if their maintenance do cease , 〈◊〉 gospel ceaseth , which demonstrates only they minister for 〈◊〉 and filthy lu●●e , and so are out of the apostles doctrine and 〈◊〉 ; for the apostles they often denied that which was 〈◊〉 profered them , lest they should make the gospel of christ ●●●●g●able , and their work of no effect . here was no tythes 〈◊〉 of , that we read on , commanded or commended , either to 〈◊〉 jews or gentiles who believed , in the age of the apostles , that we find mentioned either in scripture , or any other ancient records . and after many christians were converted unto thè faith , such was the liberality and bounty of believers in the beginning of christianity , that their bounty to the evangelical priesthood was so large , as that it far exceeded what the tenth could have been ; or if you look to the first of the apostles times , then the unity of heart among them about jerusalem was such , that all was in common , and none wanted ; and as many as were possessors of lands and houses , sold them , and brought the price of that which was sold , and laid it at the apostles feet , and it was distributed to every man according as he had need . so the whole church both ministers and believers liv'd in common of that which was freely brought in and ministred for the service of the saints ; so likewise the church gathered by mark at alexandria in egypt , followed the same practice as the believers at jerusalem . and ph●lu judaeus saith , that in many other provinces the believers liv'd together in societies . and in the church at anti●c● , galatia and corinth the saints possessed every man his own estate ; where the apostle ordained , that a weekly offering should be made for the saints by every man according to the ability of his estate , and this was put into the hands of the deacons of the churches , whereby the poor was relieved , and other necessary services supplied in the church of god ; and this continued for that age . the next age monethly offerings were made or given among the saints by devout and able christians , the over-se●●● appointed by the church was to receive it , and carefully and charitably dispose them , according to the necessity of the saints , for propagating of christianity ; as the maintenance for the brethren in their travels for the service of god , feeding , and cloathing , burying their poor brethren , relieving of widows and orphans , and persons condemned to labour in the mettal-mines , or to prison , or banishment into isles by the heathen emperors ; and these free offerings were never exacted , or otherwise , witnesse learned tertullian that lived about years after christ , as it appears ; his words are , that every mans gift is to be every month , or as he can , or after the manner he will , and as he is able , so is he 〈◊〉 give ; for , says he , no man is to be forced , but what as be confers of his ●wn accord . and further , he upbraids the gentiles with the charity and ●●●●y of the christians ; he saith , whatsoever we have in the ●●●●sury of our churches , it is not raised by taxation , as though 〈◊〉 put men to ran some their religion , but every man once , or when he pleaseth himself , gives what he thinks good , and it is ●o● bestowed in vanity , but for the maintenance of the poor , and the like necessary service aforesaid ; and this way of contribution continued until the great persecution of maximinian and dioclesian , about the year , as eusebius , tertullian , cypri●● , origen , and others do witness . also about this time , some lands were given to the church by them that believed , and the revenue thereof was distributed as other 〈◊〉 gifts were by the deacons and elders , for the aforementioned u●●●● , but the bishops or ministers medled not with them . origen ●aith , it is not lawful for any minister to possess lands given to the church for his own use . cyprian , bishop of carthage , about the ●ear also testifies the same , and shews how the church main●… many poor , and that her own d●et was sparing and plain , and ●…ences full of frugality . p●●sper also saith , that a minister able to live of himself , ought 〈◊〉 to d●sire any thing to be given unto him , and he that receiveth it , 〈◊〉 i● not without great sin . the council held at antioch , anno . finding that much fault had been among the deacons and elders , to whom it properly did belong to distribute the offerings and free gifts where there was need , which they detaining for their own covetou● 〈◊〉 , the council did ordain , that the over-seer or bishop might ●●stribute the goods , but required that they should take no part thereof to themselves , nor the use of the priest , using the apostles words , having ●ood and raiment , be ye therewith content . c●●●sostome homil. . in acta , notes , and he lived about the yera , that christian converts joyned in societies , and lived i● common , after the manner of the former christians at jerusalem , by whose writings it doth appear that there was not the least mention made of tyths in that age , the church at this time altogether living by the free offerings of lands , moneys , ●●d goods , and the people were much pressed to bountiful contribution for holy uses , as may be seen in the writings of jerome and chrisostome , who brought the liberality of the jews in their payment of tythes for an example , beneath which they would not have christians determine the charity . but about this time there began to be a declination and a coldness in the devotion of them that offered , which made jerome , ambrose , and others press very hard upon the people for liberality in point of offering , because it was much less then in the apostles time , in so much that cyprian reproved sharply , and said , they gave not so much as was worth speaking of . and it doth not appear in any old monuments of credit , till near the end of years after christ , that any payment to the church of any tenth part , as a tenth , was at all in use . from the year , till the year no canon or other law was generally received , to compel ony payment of tythes , although among the offerings of devout christians , gifts of that quantity was received as due by the doctrine then in use in some places only , which ambrose , augustine , jerome , and chrysostome taught by reason of the coldness and want of charity among the christians in divers parts ; and for their ground and foundation , the first two taught that the tenth was due by gods law , which they took only from the mosaical law , and the other two perswaded only that a less part then a tenth might not be offered , but ought to be paid for holy uses , as the phrase was ; and by the reason of the doctrine of ambrose , they were offered under the name of tenths in part of italy , he being the bishop of millan there in the year . likewise augustine bishop of hippo , hath a vehement sermon for the payment of them , whose doctrine brought in the word tenth in use among christians ; and as is said before his ground only was taken from moses law in point of offering , these two threatned them with great penaltyes , and heavy judgements , that did not pay their tenths ; but yet take notice to what end they required them , viz. that the poor might not want , and saith , that god had reserv'd them for that use and end ; so in process of time , when this doctrine came to be received , divers followed the opinion of the ancient fathers before mentioned , yet hitherto it was not laid down as a positive doctrine to pay them as the jewes did , but only brought the jewes in for an example that christians should not pay less . leo , call'd the great , about the year . who reigned yeares , he very earnestly stirred up mens devotion to offer to the church , 〈◊〉 speakes not a word of any quantity ; severin also about the year 〈◊〉 stir'd up the christians in panona to give the tenth to the poor ; likewise gregory not only admonished the payment of tithes , from 〈◊〉 mosaicall law , but also the observing of lent , which he reckoned as the tenth part of the year , and this he would have given unto god , saying , we are commanded in the law to give the tenth of all things unto god , and thus ignorance began to enter in , and juda●… among the christians brought in by their leaders , and from the opinions of these and other ancient fathers tithes , easter and pente●… came to be introduced and brought into the church among the christians . also jerome in these words , i do not take a part as the rest of the ●…s of possession of lands but as a levite i live of the tenth , and as i ●…e at the alter , i am sustain'd by the oblation of the alter , being 〈◊〉 with food and raiment , i follow nakedly the naked cross , but ●…re is no necessity to understand his words of tithes , but as the 〈◊〉 liv'd of tithes serving at the alter , even so am i maintain'd by the free offering of them that do believe . but it is to be observed ●hat there was divers councells in and 〈◊〉 the year only provinciall as mascon and arles , and some 〈◊〉 do take it for granted , that a tenth was due by way of offering , ●●d put into the hands of them that ministred to the church ; is ●…en of as good antiquity , grounded upon the mosaicall lawes , ●…ch they call their divinas ; all which did spring from the doctrine of the foure fathers before mentioned but especially ambrose and 〈◊〉 about the year , but take his owne words , it is not fit for 〈◊〉 , saith he , to prefer our selves as christians unless we do the work of christians , viz. to offer the tenth part of corn and of cattell and all the 〈◊〉 fruites of the earth ; and took it for granted as due , only his ground 〈◊〉 moses law . and if they should offer less then a tenth , thei● of●…g was not accepted ; also agreeing with him is augustine in a ●…on after this manner viz. deare brethren , for as much as the day 〈◊〉 christ drawes near , we ought to assemble our selves together , and to 〈◊〉 thanks to god , who hath given unto us , by our offering unto god 〈◊〉 tenths , for god is worthy to have the whole ; and this he grounds 〈◊〉 that of malachi , honour the lord with thy substance , &c. 〈◊〉 , exhorting them to pay their tribute to the poor , and their ●…ee to the p●rests ; then urging more texts out of the old testament , he tells them , that the neglect of payment of tithes was the cause of sterillity , and blasting of their corn , and the like . these two great bishops agree , and as was said before , from the law of moses , infers their whole doctrine ; yet notwithstanding the great pressures and hard threats of some of the bishops at that time , it was not a general received doctrine , that tithes ought to be payed , until about the year ; neither was any thing by the church then determined or ordained touching the quantity that should be given ; though ( no doubt ) in many places the offerings of the more devout sort , tenths , or a greater part of their encrease , were given according to the doctrine then in use : and then about this time the offerings and gi●… to the church were disposed of on this wise , being received into a common treasury , one fourth part to the priests , out of which , every one that laboured had his portion ; another part for the relief of the poor , sick , and strangers ; and a third for the repairing places of publick worship ; and the fourth to the bishop ; and generally then the bishop liv'd in some monastery , and his clergy with him , from whence he sent them to p●…ch in the diocesses and countryes , and there they received such offerings as were made and brought them to the treasury : so that hereby the reader may take notice that the priests had not such a peculiar interest in that which was given , but others had a share with them , but now they claim all ; their churches were builded out of the gifts of the people , the poor , fatherlesse , and widow were relieved out of them , and the prisoners , who suffered for the faith they held , were relieved also , the bishop and his whole clergy were sustain'd ; but now they claim it as due , and take tithes by force and violence three or four fold , and sometimes ten fold , and people thrown into prison , and widows goods spoiled ; how unsuitable these practices are from what as they were in the apostles time , and the antient fathers for years ? though they are very proud , and boast much of their antient fathers , yet they will not so much as come near them in example , and yet they cry up the church , the church , and antiquity , when they are far enough off from their practice , though they were in a declining condition in this age i have been speaking of before . also jerome upon the third of malachy in his commenta●y , doth admonish christians to give their alms to the poor , and double honour to 〈◊〉 that labours in the lords service , not binding at all to offer this or 〈◊〉 part , yet exhorts them not to be more backward than the jews , wherein they payed their tenths : neither is chrysostome at all different from him in this doctrine , 〈◊〉 perswading even labourers and ●…rs to give bountifully their alms to the church for holy uses , according to the apostolical ordinances , relating to the weekly offerings 〈◊〉 ●…e churches of corinth , galatia , antioch , and the jews liberality was brought as a president , below which be would not have christi●●s to determine their charity ; and sayes withall , that he speaks these things , not as commanding or forbidding that they should give 〈◊〉 , yet as thinking it fit they should not give less than a tenth part for holy uses , as the phrase was . syrril bishop of alexandria speaking upon that passage of abraham , gen. . . who , after he had gained the victory over the king of sodoms enemies , and rescued lot , when the king of 〈◊〉 offered him part of the spoils , he would receive nothing 〈◊〉 a few victuals : though , saith he , the holy teachers do war in ●…e behalf of perishing mankind , yet do they not take any thing from the 〈◊〉 of the world , nor do they heap up unto themselves riches , lest the ●…ld should say , we have made you rich , they only ought to receive the 〈◊〉 from the hands of those whom they have converted to the ●…h , for it 's christs command , saith he , that those who preach the ●…l should live thereby : so that its evident that very many of 〈◊〉 antient fathers , whom this generation have talked so much of , did deny tythes , and a forced maintenance from the world , 〈◊〉 in this point it 's like they will be judged but weak sighted , 〈◊〉 erroneous in their judgment by this generation , as they do the quakers , or men of mean understanding . but i see many will induce them in words , but few in practice . it was the judgment also , not of private persons , but of the 〈◊〉 learned and sound teachers of that age , in the fifth or year after christ. prosper saith , they that live of the gospel , who will be propriators of nothing , who neither have , nor desire to have any thing , not possessing ●…ir own , but the common goods ; and what is it , saith he , to live of 〈◊〉 gospel , but that he who labours should receive necessary supplies by 〈◊〉 among whom he labours ; without forcing . and further saies , though paul himself had power , yet he would not make use of it , lest he should create an offence , but laboured with his hands , being a t●…maker , that he might not be burthen some to the churches of christ. with him also agrees o●… , saith he , peter and john saith , silver and gold have i none : behold the riches of those who were priests of christs , but let us quickly apply these things unto our selves ( s●… he ) who are prohibited by the law of christ , if we have any regard thereunto , to have possessions in the countrey , and houses in the city , ( what do i say ) possessions or houses ? no not to multiply coats or money ; if we have food and raiment , let us be therewith content . jerome also writing to nepotianus a clergy man , sayes , i beseech you that you would not transform our spiritual warfare into a carnal one , nor imagine your self in the clergy as if you were in an army , getting spoiles , nor seek after no more than when you came first into the clergy , lest it be said to you , their lot shall not profit them . neither in any general or provincial councel was there any constitutions made for the right of payment of tythes , till the year . in a councel at mascon in the diocesse of lions : neither is this councel received into the body of any of the canons , the councel consisted of all the bishops of king ganthroms kingdome , onely some provincial councels and secular constitutions betwixt the sixth and yeares , which supposed tenths to be due , but they were disposed of diversly ; now to the priests , now to the abbots , & now to the poor , according to the mind of the giver , the quantity was only arbitrary , but judged that some kind of offering was necessary . neither till near yeares was there any general law that remains in publick , that is of credit , ordained any law in the western church , and for the eastern church never any law that mentions tithes . and further it is observable , that though there were divers national and provincial councels held , which supposed them to be due , as divine right , and that lesse than a tenth part ought not to be offered , yet was theré no commandment , or name of tenth in the first eight general councels . and though divers of the fathers , popes , and bishops , did declare , that tythes were due , and ought to be payed , yet till the ninth general councel held at lateran under pope calixius the second , about the year . mentions tythes , but speaks only ●…ch as had been given to the church by special consecration , 〈◊〉 at that time people being led to believe that tithes ought to be 〈◊〉 for the use of the poor , did dispose them to the heads and ru●… of religious houses ( so called ) who kept open hospitality then , 〈◊〉 the relief of the poor , entertainment of strangers , and supply of the ●…s , as is testified by cassian the hermite , but the councel held 〈◊〉 pope alexander the third , . seeing much given to the 〈◊〉 , and little to the priests , made a decree to restrain peoples free●… , and indeed about this time much wickednesse , and self-love , and covetousnesse was crept into those houses , or monasteries by this time , as histories do relate . about this time there was no law , cannon , or constitution of any general councel as yet found , that did command tithes to be ●●yed , or expresly suppos'd them duty of common right ; before ●…t councel of lateran held in the year . under pope innocent 〈◊〉 third , about which time the popes power was grown very great 〈◊〉 powerful , for about this time every man might have given 〈◊〉 tithes to what church he would , and people had more minde given them for the poore , rather then the priests , as may be understood from the complaint of innocent the third , he preaching on ●…us charity saies , dedit proprium & reddit alienum , &c. and ●…d out heavily against those that gave their tithes and first fruits 〈◊〉 the poor , and not to the priests as hainous offendors , yet about this time no regard was had to the nature of the encrease , but ●…soever did arise in profit , whether by trade , merchandize , or ●…andrie , the tenth was required to be paid , but when pope inno●… had commanded , so then no scruple was made of it , but an●ther took it with too much credulity , neither till this time , were e●…es sent from rome so frequent , to put in execution that which had been established in two former councels against that challeng'd 〈◊〉 of the laiety , for the laiety had enjoyed their liberty from the beginning of christianity , to bestow or retaine them to whom they ●…ld in most places till the year . about this time , notwithstanding the land occupiers in divers 〈◊〉 , as the bishop of matera complained to pope innocent , that 〈◊〉 his diocesse , they viz. the laiety divided their tythes at their ●…sures , and arbitrarily gave part to the church , part to the 〈◊〉 , and part to their kindred , likewise in divers places the thing was so much in controversie , whether that parishes had any due to tythes or no , that we see particularly in the diocesse of valentia , . which was , that every man wheresoever he liv'd , he might declare himself to be of what parish he would , and to that only give his tythes . the opinion of the canonists in answer to a question , viz. by what immediate law that tythes were payable , they are divided among themselves , some say , de jure ecclesiastico , others jus n●●urala , others divinum morale ; the canonists with one consent do ground themselves upon the letter of some of those passages of provincial councels , fathers and popes before mentioned , generally deliver that predial and mix'd tythes are due to be payed jure divino , and they usually cite the levitical precepts to justifie it , for they take this ecclesiastical revenue to be no otherwise due to the clergy by common right ( whom they to the utmost maintain as they reason ) may as a supreame steward of clergies maintenance dispose of this or that particular part of it to where he will , and this was their common opinion . but for personal tythes , they yet agree to be jure divine , although pope innocent the fourth make it a wonder to see any man deny it , and divers of them follow him , the best authority , they bring for personal tythes is that of deut. . where tythes and the offering of your hands are spoken of , and this is a received ground amongst them , that the tenth is due to the church jure divine , and so would hold up the first priesthood , and figures against the second who is the substance , only for covetousnesse sake . but some canonists , and those of no small note , that agree the determination of the tenth to be only de jure ecclesiastice , and th●● no more jus naturale , or divinum morale is in it , then what commands a competency of means to be given to the priesthood , but they are mingled and confounded among themselves , and the best bottom they have is either from the popes authority or from the jews , also many divines and schoolmen were at great contest , and their judgments are various as the former . the divines about this time have had several determinations and doctrines about this point , some hath held it , that the tenth considered quoad quotum partem , or as it is a determined , part devoted from that number is only due by law positive and ecclesiastical , but it is for the sustentation of the clergy , it is due by the divine 〈◊〉 law as they call it , and so they interpret it from the levitical commandment of tythes , but others say it is a judicial or ceremonial , as some will have it , and that it hath been brought into the law of the gospel , by ecclesiastick doctrine , and constitutions , others say ●…s , by the imitation of the jewish state ordered by the almighty , and 〈◊〉 in that regard , per vim obligativum , viz. by a continued force 〈◊〉 it under the gospel , and that the church was not only bound to 〈◊〉 part , but might as well have ordain'd the payment of a ninth or ●leventh , this is commonly taught by the old schoolmen , hales and aquinas , henricus de gandavo , cardinal caietan , and divers ●…s . the second opinion among the divines is of those that held tythes to be meer almes , and not to be payed to the ministers of the gospel by any parochial right , as a necessary duty to the evangelical priesthood , but that they might be detained and disposed of at the owners will , especially if the pastor did not well perform his of●…e ; of this were both some of the religious orders in their preach●… , and also others opposite enough to them in doctrine , the do●… and franciscans , who began about the year . and had in their monasteries great store of schoolmens writings , made it gainful doctrine to themselves , though there was a truth in it , they determined that it was not due by divine right , but only due as alms , 〈◊〉 of charity , not of justice or judicial law , but to be arbitrarily disposed of accordingly , to such as took any spiritual labour , and with ●…m agree the mendicants . likewise about . . and a . and after that tyths were called the lords goods , and the patrimony of the poor , when as also the councel at nants declared the clergy were not to use them as their own , but as commended to their trust , they were not then given to 〈◊〉 ●lergy , but to be disposed of to the use of the poor . furthermore , at a general councel held at lyons , under pope gregory the tenth , in the yeare . when religion was only made a cloak for covetousnesse , and they sought their gain , and not the good of souls , it was then constituted that it should not be lawful thence forth for men to give their tythes at their own plea●●e , where they would as it had been before , but pay all their tyths 〈◊〉 the mother church : by which it may be seen , that though the people who then generally were papists and in the midnight of popery , did believe they ought to pay tythes then , yet were rather willing to dispose of them where they pleased , till the popish councils restrain'd their liberty . but the great decree that speaks most plain , and till which nothing was given forth which did directly constitute them , but rather still suppos'd them as a due by some former right , was made at the councel of trent in the year . and yet that great councel followed the doctrines of their fathers , and said , they were due to god , but had no new authority for their great decree , which they commanded to be obeyed under the penaltie of excommunication . having thus briefly past over the ecclesiastical state , first of the jews ; secondly , of christ and his apostles time ; thirdly , of the state of the church near to their time , and the judgement of them which are reckoned the most learned and orthodox men , and fathers of the church in every age , till the very height of the papal domination , and hath given some true understanding in every age to the point in hand ; it will be requisite that something be said more particularly concerning this nation , and the practice thereof , and what hath been said with , or against this particular concerning tythes . about the year . or soon after , gregory the first who was the first pope of rome , sent over augustine the monk into england , who was a canon regular , by whom ethelbert , king of kent , was converted , as they call it , but it was but to popery , he and his clergy a long time after followed the example of the former ages , and imitated the practice of the apostolick primitive church , living in common upon the offerings of their converts , and those that received them joyn'd into societies , and with the receipt of the offerings they maintain'd themselves , they repaired the temples of the gentiles , which by the advice of pope gregory , were not to be destroyed , but to be converted to christian service , and builded some houses , which they called churches , in which the priests exercised their strivings , for then the whole diocesse of canterbury was indeed the only limitted parish in regard of profits ; and whatsoever was received through the devotion of good christians , as they were called , made up a common treasury for the whole diocesse , so that it was no matter of what place the bounty was offer'd , so that it was within the diocesse , the truth of this is confirm'd by that of augustine in his question to pope gregory touching the bishops , whereunto the pope answers , the custome , saies he , is generally to make four parts , 〈◊〉 , for the bishop , for the clergy , for the poor , and for the repai●…n of churches , but he doth admonish him in tendernesse to the english saxon church , that he and his clergy should use the community of all things , as was in the primitive times in the apostles daies , but afterwards having brought a great part of the nation to their faith , they began to preach up the old roman doctrine , that tythes ought to be payed to god and holy church , as the phrase was , and having taught the people that pardon of sin , and the joyes of heaven were meritted by good works , and the torments of hell traded by charity , it was no hard matter to perswade them to give their tenths and lands , but also their outward riches to those called religious houses ; then here and elsewhere may testifie in this nation , they and the clergy had almost gotten the third part of the whole land , so wonderfully besotted were the poor ignorant people , that had not a law been against such excessive gifts , a farre greater part of the nation had been in their hands ; but how long this community amongst the clergy continued amongst them , and the free offerings , fully appears not , but that it was not out of use till more then one hundred years after augustines coming , that is till past seven hundred years after christ , as may be conjectured out of the testimony of bede , which extends so far in the city of london , till the time of henry the third , no tithes , as tithes , were generally payed , but only a decree made , that for every twenty shillings rent a farthing a sunday was to be paid , which came to fifty two farthings yearly , and this was given by way of offering , but was supposed as due , and the tenth part of the yearly rent of their houses . as concerning laws and canons for tythes among the sax●… , it is reported , that in the year , in the time of pope adrian , when his power began to grow great , he sent two legates with letters into england , for r●formation , as it was call'd ; first to off●-king of merceland , and alfewold king of northumberland , who cell'd a councel in the north , and offis and kenulph call'd a coucel for the south , wherein they o●dained , that a tenth of the fruit of the earth should be paypayed as it was written in the law of moses ; and when this councel had thus concluded by alswold , the legates and embassadors took all the decrees and canons of the councel and carryed to offa , and he and his bishops and abbots did subscribe it with a cross to it ; likewise selden makes mention . that ethelulfe , king of the west saxons , in the year he made a law , that the tithe of all his own lands should be given to god and his servants , and should be freed from all taxes : but there is great difference among historians about this grant , some restrain it to the tithe of his own demesne lands , others to the tenth part of his land , and others to the tithe of the whole nation . about this time heavy pressures by danish invasions , and great wars came on , so that he call'd a councel , where were present bernereddus , king of mericia , and edmond king of east angles , and they to remove the heavy judgment that was upon them , gives the tithe of all the land to god and his servants , as the phrase then was . king athelstone about the year , and king edmond about the year , and king edgar about , king ethelred about , king knute about edward the confessor , and others of the saxon kings , made several laws for tythes , as histories do relate . likewise the normands , afterwards entring this kingdom and subduing it , william the conqueror confirmed the liberties of the church . also henr. . and hen. . did the like , and king stephen also : the reader may understand the principles upon which these men ●…cted , and the doctrine then that was believed by them , and maintained to be good by prelates of that age , that heaven was merited by good works , and sins pardoned for works of charity , which works was chieflly reckoned to be good by the prelates of that age , when some monastry was builded , church or chappel so called , and dedication of lands and goods to such places , for the health and happinesse of their souls , they had perswaded many men almost out of their estates , leaving their heirs and children very poor . many instances thereof might be given ; but one or two for manifesting the truth of this , king stephen in his dayes gave to the priory of eye in suffolk , as may be seen in an original charter of his , made to the said priory , wherein he gives the tenths of all his manors of stedbrook , rad●●ge , seldia , bedima , with divers other places , for the pardon of his sins , and obtaining the joyes of heaven ; and not only , he gave it for the health of his own soul , but for the soul of his father and of his mother , and of his uncle , and interceding kings to the use and end aforesaid . likewise out of another old charter , granted by ralph then bishop of chichester , to the abbey of battel , the tenths of vula●●●e , of hennam , and of servin , and of lezein , and badhurst , and the tenths of many other places to the said abbey , for the health of his own soul , and the health of the souls of his ancestors . also out of the charter of the monastry of ridding in hereforeshire , in the time of king john , walter clifford , for the health of his fathers soul , and of his wives and children , doth give the whole tenths of hamenesca unto the church of lem●er . but notwithstanding the many laws , canons , and decrees , of kings , popes , councils and bishops ( alluding to the page before ) that every man ought to pay the tenth part of his encrease , yet it was left to the owner to confer it where he pleased , which made so many rich abbies and monasteries . and till the year , or thereabouts , every one gave their tythes at their own pleasure , which made pope innocent the third send his decretal epistle to the bishop of canterbury , commanding him to enjoyn every man to pay his temporal goods to those that ministred spiritual things to them , which was enforced by ecclesiastical censures ; and this was the first beginning of general parochial payment of tythes in england , this his decretal was admitted , and enjoyned by the law of the nation , king and people being then papists . the decree of the pope receiving all possible assistance from the bishops and the priests , in whose behalf it was made , did not only in a short time take away the peoples then desired right to give their tythes to those that best deserved them , but did also so much corrupt the clergy , that in the time of richard the second , wickliffe , our famous reformer , did make a heavy complaint to the parliament in these words following , ah lord god , where this be reason , to constrain the poor people to find a worldly priest , sometime unable both of life and cunning , in pomp and pride , covetous and envy , gluttonnesse , dunkennesse and lechery , in simony and heresie , with fat horse and jolly , and gay saddles and bridles ringing by the way , and himself in costly cloaths and pelure , and to suffer their wives and children , and their poor neighbours perish for hunger , thirst and cold , and other mischiefs of the world : ah lord jesu christ , sith within few years men paid their tythes and offerings at their own will , free to good men , and able to great worship of god , to profit and fairnesse of holy church fighting in earth : why it were lawful and needful that a worldly priest should destroy this holy and approved custome , constraining men to leave this freedome , turning tythes and offerings unto wicked uses . a cloud of witnesses might be brought out of the ancient fathers , and also latter testimonies who witnessed against them , and divers martyrs , some whereof were put to death , others gr●●vously troubled , and suffered long and great imprisonments , as john hus , jerome of prague , the famous reformer john wic●liffe , who is spoken of before , and walter brute , william thorpe , william swinderby , and it was generally the judgment of all the wickliffians and the predecessors of the protestants , the b●●●●●ans being descended from the waldenses , they did professe and ●el● out , that all priests or ministers ought to be poor , and to be content with free gift , or what the people freely offered them ▪ so saith aeneas sylvius in his bohemian history . and it is one of john wickliffes articles , whose works are 〈◊〉 much esteemed of by the protestants of england and bohemia , as despised by the papists and their clergy , having his bones taken up and burnt years after his decease , and his articles condemn'd by the councel of constance ; his own words are , that tythes were and are a free gift as among the christians and only p●●●● alms ; and the parishioners may , for the offence of their curates , detain and keep them back , and bestow them upon others at their own will and pleasures . and his proposition af●resaid is maintained by that godly 〈◊〉 john hus who was burnt for his testimony at con●… but take his own words , that the clergy are not lords 〈◊〉 ●●ssessours of tythes , and other eccli●iastical goods which are 〈◊〉 given , but onely stewards , and after the necessity of the clergy 〈…〉 satisfied , they ought to be transported to the poore . and a●… clergy doe abuse the same they are theeves and robbers , 〈◊〉 ●●●●ilegious persons , and except they doe repent , by the just 〈…〉 of god they are to be condemned . ●…wise ambrose preaching upon the . luke give an ac●●●● of your stewardship , &c. from hence he infers that the clergy 〈…〉 lords but rather stewards and bayliffs of other mens sub●●● , farthermore jerom writing to nepotianus a clergy●…h , how can they be of the clergy , which are commanded to 〈…〉 and despise their owne substance , and yet to take away 〈…〉 friend , is thiefs , to deceive the church it is sacriledge , and to 〈…〉 that which should be given to the poor . ●…se bernard in his sermon upon these words , simon pe●●● 〈◊〉 unto jesus luke . from thence infers these words , viz. 〈◊〉 the goods of the church are the patrimony of the poor , and 〈…〉 thing the the ministers and stewards of the same ( not ●●●●or possessours ) doe take unto themselves more th●n sufficient ●…nt living , the same is taken away from the poore by a sa●… cruelty . 〈◊〉 eusebius in his treatise upon the pilgrimage of saint je●●● writes thus , if thou dost possesse a garment or any other thing , 〈…〉 extreame necessity doth require , and dost not help the needy 〈…〉 a thiefe and a robber . 〈◊〉 isidore in his treatise de summo bono , chap. . saith let 〈…〉 know that he is the servant of the people , and not lords o●●● 〈◊〉 . 〈◊〉 and divers more authors that worthy man john hus 〈…〉 at a disputation in the university of prague in vindi●… of john wickliffes sevententh article which was , that 〈◊〉 was a free gift in the time of christianity , and accounted as 〈◊〉 〈◊〉 . 〈◊〉 the reformed church in geneva they live upon free gift , 〈◊〉 tythes of all sorts are taken up for the use of the state , and 〈◊〉 up for the publick treasury . and that good man william thorp of whom i made 〈◊〉 before , who gave a large testimony against divers abuses 〈◊〉 into the church , it being the midnight of pope●y , being complain'd of by the then popish clergy , and brought to exa●●nation in the year ▪ being accused before thomas 〈◊〉 arch-bishop of c●●ter●ury , and chancellour of england ▪ 〈◊〉 gives a very clear testimony about tythes how that they 〈◊〉 no gospel maintenance , in his answer he saith , that in the 〈◊〉 law neither christ and his apostles tooke tythe of the people , 〈◊〉 commanded they the people to pay tythes , neither to priests nor deacons , and christ and his apostles preached the word of god to the people , and liv'd of pure aimes or free gift ; but after christs a●●●●●ion when the apostles had received the holy ghost , they tr●v●lled labouring with their hands , and also he saith that paul when 〈…〉 full poor and needy , preached among the people , he was not 〈…〉 unto them , but with his hands he laboured not onely to get his 〈◊〉 living , but also to relieve others that were poor and needy ▪ and further he saith , tythes were given in the old law to le●●●● 〈◊〉 priests , but our priests come not of levi , ergo by the law our pri●●● cannot challenge tythes , for as the priesthood is changed so is the 〈◊〉 , but since christ in the time of his ministry , and also his a●… lived by pure almes , or else by the labour of their hands , for the ●●vant is not greater then his lord : at which words the bishop 〈◊〉 unto him , gods curse have you and mine for thus teaching , 〈◊〉 further the said william thorpe saith that those priests that 〈◊〉 take tythes deny christ to becom'd in the flesh , unto whom the 〈…〉 said heard you ever lozell speak thus , and further the said william saith that the cove●eousness and pride of the priests 〈◊〉 the vertue of the priesthood , and also stirs up gods vengean●● 〈◊〉 upon lords and commons , who suffer these priests charitably , 〈◊〉 the arch bishop said thou judgest every bishop proud that 〈…〉 goe arrayed as thou dost , by god i deem him to be more me●●● 〈◊〉 goes every day arrayed in his scarlet gown , then thou in thy 〈◊〉 bare blew gown : this is an answer much like a lording bishop , and a tything priest , but i refer the reader to the whole discourse and testimony of william thorpe which is large in 〈◊〉 his acts and monuments . likewise william swinderby in the articles that are charged 〈◊〉 him is , that for an evil curate to curse his hearers , or excomunicate them for with-holding of his tythes is nothing but wickedly and wrongfully , getting from them their mony , for if saith he that the priest or curat● be a wicked man , ( as most of the tything priests are ) if the parishoners doe pay him tythe● , they are guilty before god of upholding him in his sin and evil deeds , and further saith he , but whereas christs law doth command to minister freely to the people , the pope with his law sells for money , whereas christs law teaches his priests to be poor , the pope justifies and maintaines priests to be lords . also with him doth agree walter brute , as is manifest by the articles charg'd against him , viz. that no man is bound to pay tythes in gospel times , 〈◊〉 . that if the parishoners shall know their curate to be bad they ought to hold from him their tythes . . that if any priest receive any thing by ●…y of bargaine or yearly stipend in so doing he is a schismatick and accursed . . that if we be bound to pay tythes in gospel times , then are we debtour● to keep all the whole law , for to say that men are bound to one part of the law & not to another is not true , for this were to prefer one part before another , and to set the law against it self . . seeing that neither christ nor any of his apostles , commanded to pay tythes , i'ts manifest and plain , that neither by the law of moses , nor by the law of christ , that christian people are bound to pay tythes , but by mens traditions : and all these before mention'd were opposite to the whole nation of friers of what order so ever , who suffered grievous persecution in their dayes , whose testimony yet lives , and will be priz'd in ge●… to come , though they be gone to the s●pulchres of their fathers . also to these may be added the articles of the ●…ians who were greatly persecuted for their faith and be●… published about the year ▪ wherein a divine write as ●…thes since the gospel were denyed , whereupon they long 〈◊〉 took away all temporaliti●s from their ministers g●rardus ●●●●●illus , also before wickliffe was hu●●t for an heretick , ( as 〈◊〉 church of rome reck●ned him ) upon this account , 〈◊〉 the great erasmus gave the common exacting of tythes , in his time no better name then tyran●y . moverover the abbigenses , bedemontane protestants have preferred their religion without corruption longer then any church with a ministry endowed with tythes and hire , in the world . likewise the primitive times never wanted able teachen , as the best histories relate , although they lived either upon their labour , or the free gift of them th●t were converted , but did trust their lord and master , who sent them out in his na●e and power , for the conversion of souls , this was very much unlike to the ministry of this generation , who knows not how to live by faith nor of the gospel , but rather by jewish tythes , or rather popish tythes , stipends , augmentation , set-wages , covenants , and sallaries , or else the old proverb is truely verified , which sprang up in popish times , no penny , no pater noster , for evidence whereof there are hundreds in england within this twenty years , that when the aforesaid maintenance was taken away by any temporal power whatsoever they have ceas'd their ministry , and laid down their commission , which they say they had from christ , and mad● voide their call , and all necessity of conversation of souls laid aside , we might bring the whole nation for a testimony in this , who hath been observant as to the practice of the ministry about the changes of government which hath happened in the aforesaid time . and the former christians was not so disquieted among themselves with political complying opinions , and curiosities , niceties , distinctions and contentions , although they had none of the aforesaid setled maintenance untill c●●st●●tine the great his time , when they began to grow rich , and give lands and grea● revenues to the church , and then they began to controvert and side in state matters , as is seen in the councells of basill and constance , and divers other former councells , and grew into pride , and idleness , and fullness , ●●somuch that histories say a voice was heard from heaven , this day poyson hath been shed abroad in the church . great and large are the testimonies that might be given i● this particuler of the best men who were sufferers for christ , although the greedy cov●tous hirelings of every age thought it a ●●range thing that they should deny the payment of tythes , because some great councells in the midnight of popery had c●●cluded them as due , some one way and some another ; and the clergy of our last age very unwilling to loos any thing that ●●y be commodious to satisfie their coveteousness , though ●●●y have denyed the pope and divers councells in other particu●●●● , yet in this point of tyths , they wil allow of their constitutions as jure divino , and if that will not serve ▪ having solicited 〈◊〉 princes of divers nations to make some laws for provision for their maintenance , because they were sensible their gospel ●ould not maintaine them , and now their greatest plea is became jure humano , or as one of the pastors of the church of england lately said , he cared not if the devil was the author of t●●●es , if the law of the nation did give him them he would have 〈◊〉 whether the parish would or no : and i believe many of them are of his judgement , though they will not be so hardy 〈◊〉 to deliver it in so open and shamefull words , but however th●m that have onely the powers of the earth to be their prop and onely refuge , and flyes to the hills and mountaines that ar● but earth , temporary and mutable for their help , for their backs and their bellies , yet this doth not make voide the testi●ony of them who abide in the faith , and dare stand unto christs allowance in point of maintenance ; for the work of the ministery , as the apostles and ministers of christ in the first age of the publication of the gospel did , but take some ●●●ther testimonies that the truth of this may not seeme a new thing , or as yesterday , nor onely of the meaner sort , or of illiterate men , but even of learned rabbies of our latter ages . antonius de dominis the learned bishop of spaletto de repub . eccles. lib. . saith christ himself , though he were lord of heaven and earth , and the fullness thereof , yet would not he be possessed of great lands and incomes , though he said the fowles of the aire have nests , and the foxes have holes , but the son of man hath not where to rest his head , yet did not he imbetter his condition , although to the effecting thereof there needed no more then that he should will it to be so , nor did he demand tythes though he was a priest , after the order of melchezedech indubitably ; but whilest he went throw the cities , and villages preaching the gospel , and instructing men for the kingdom of heaven and twelve with him , severall women that believed as m●●y magd●len , joanna , susanna , and others did minister unto him of their substance ; nor did he otherwise instruct his disciples who were embassadours on earth towards man-kinde in the beginning when he sent them out , he did not bid them for to receive tythes , or teach people to pay them , but bids them to live upon almes , carry not with you gold nor silver , nor any mony in your purses , not a scrip , not two coats , not a staffe , supernumerari , for the labourer is worthy of his meat : the disicples of christ being thus taught by their great master forsaking their lively-hood , and earthly possessions lived by faith in god , who would not have sent them abroad , but that he would dispose the hearts of men accordingly in order to their substance , so they relyed upon their converts for necessary supplyes , and received their benevolence of several pious women who ministred unto them , for so saith paul , have not i power to eat and to drink , have not i power to lead about a woman or a sister , as the other apostles , the br●thren of our lord and cephas , cor. . . he at large and clearly sheweth how they who sowes spiritual things ought to reap temporal things . likewise david paraeus in his commentary upon gen. . and . and . saith , that tythes or tenths were freely arbitrarily , a man might give them , a man might vow them , or he might not , even as he pleased before the lord , but under the law they were commanded to be given to the 〈◊〉 , and levits , hence saith he , our clergy men infer , that if it were so of old , then they are so now , but this doth not follow ( saith he ) they had a divine ceremonial right , but that 's now ceased ; they had tythes as a compensation of that lot they should otherwise have in land , ours not , ours have towns , villages , manners , yea countries , and provinces ; nor is there any end of their insatiable covetousness : and he conclude● , that when the levitical priesthood did cease , then did the right of that priesthood cease , and the right of tythes did revert to god , as governour and sovereign of the world. great and large are the testimonies that might be given , both 〈◊〉 of ancient and modern writers , who were the clearest in their judgments against tithes , how that they were not go●●●● maintenance , neither of divine right doth belong to any 〈◊〉 under the gospel , who professeth christ come in the 〈◊〉 . but what i have already said in this particular might 〈◊〉 sufficient , seeing so large things to this have been declared 〈◊〉 other hands ; but i am the more willing to instance divers a●thors , who by our protestants are owned as orthodox , that they may be thereby throughly convinced that this is no new doctrine , for which we suffer the spoyling of our goods , and 〈◊〉 persons imprisoned ; but that the covetousnesse of the 〈◊〉 and tithes have been testified against by many faithful and constant men in ages past , who died in the faith , who ●hough they be dead , yet their testimony still lives , and will ●●●nd for age● . but you shall hear what state the clergy and ●●●●stry was in about the time of the council of basil in the year . by lod●vicus , the cardinal arlatensis , a man very much praised for his constancy and wisdome in that council 〈◊〉 basil : lod●vicus seeing the cowardliness of the bishops and others of the clergy , that they were more afraid to grieve temp●ral princes , then afraid to offend god ; and afraid to be ●●●iled of their temporalities , rather than afraid that their 〈◊〉 should be devoured ; albeit , saith he , if you were true bishops , and true pastors of souls , you would not doubt to put your lives in hazard for your sheep ; neither he afraid to shed your blood for 〈◊〉 church in the cause of christ ; but at this present , saith he , ( 〈◊〉 ●●re is the pitty ) it is too rare to find a prelate in this world , 〈◊〉 in this age , which doth not preferre his temporalities before his ●…lities ; with the love whereof they are so withdrawn , that 〈◊〉 ●o study rather to please princes then god , and confess god in 〈◊〉 , but princes they will confess openly , of whom the lord speaks 〈◊〉 〈◊〉 gospel , every one that confesseth me before men , him will i confess before my father which is in heaven , &c. and contra●iwise , 〈◊〉 lord will not confess him before his father , which is afraid 〈◊〉 confess the lord before men , for fear of loss of their worldly glories , and temporal riches , and displeasing of princes , of which it may be more largly seen in the history of the council of basil , published by aeneas sylvius . so you that doth profess reformation , and the scripture to be your rule , and your ancient fathers to be your examples , whom the ministry of this last age hath talked of , and see now if you will own them in practice ; do not reckon your selves any more as ministers of christ , who cannot be content wit● his allowance , and let forceing for maintenance by tithes alo●● to the priests of the first covenant , and let bargaining alo●● for wages , and seek not hire of them you work not for ; and if your gospel will not maintain you , then have you great reason to question it , whether it be the very same that chr●●● and his apostles preached in the primitive times : and it is manifest , as aforesaid , that they required no tithes , stipends , augmentations , or sallaries , neither was ever any such word heard of amongst them , as , what will you give me , and i 'll be your minister ? and yet there was no complaint of any wants for christ asked his disciples when they had been travellin● abroad preaching the gospel , though they had neither staff , nor scrip , nor money , if they wanted any thing ? and they said nay . but this generation must know before hand , what is to be had at such and such a place , and what is it worth 〈◊〉 annum , or else no gospel is like to be preached there . but if any one should ask the ministry of this age , by what righ● they claim tythes ? they cannot say by a better right then the apostles had , nor i hope will not , for they pretend to be but successors of them . and if the extent of their commission be enquired into , they will give it you in these words or the like presently , viz. as my father sent me , so send i you : but if one ask if they will stand to this in all respects , i have little hope that they will comply in point of maintenance ; i have good ground so to judge , even many at this day have boasted of their call and ministry , and have thrown many into prison for these popish tythes . for if a law or statute were made for the taking of them away , they would give over the publication of their gospel , which demonstrates their commission is not of god , or else why should taking away of ●●hes invalidate them ? i desire they were tryed , who boa●… of calls and commissions , i am afraid we should scarcel● one in that would open his mouth ; for if the 〈◊〉 were taken away , the effect would also fallow ; if ●…nance were taken away , their preaching would cease . 〈◊〉 i shall return to speak something further concerning our 〈◊〉 nation . i● i● needful to inform the reader a little , that when the 〈◊〉 doctrine was received in any nation , that nation was ●…d into so many bishopricks as was judged needful ; and 〈◊〉 bishoprick into so many parishes as were thought con●…ent ( for parishes are but of a late erection , as to which ●…ing may be hereafter said ) for till then most preachers ●●re sent out of monastryes and religious houses ( so called ) ●ad the people at their own free will did give their tythes 〈◊〉 offerings where they pleased , till about the year , 〈◊〉 till that time every owner of the nine parts did give the ●…th to the priest , or to the poor , as he would . but after 〈◊〉 , parishes being set up , and priests appointed , and tythes 〈◊〉 to them , after years possion , what before was owned 〈◊〉 free gift , is now claimed as a debt , and prescription was pleaded by the priests as their just title ; but people seeing t●●●selves run into a snare , began to contend , but all too 〈◊〉 for the pope being grown great , thunder'd out his interdi●t against this nation , excommunicated the king , affright●d the subjects with his bulls , stuffed with commination or cars●● ; and that against the very point of arbitrary disposal of tythes : and the pope did highly insult over kings and pri●●es about this time , witness frederick barbrosa , hen. th 〈◊〉 king john , and some others , as the histories of them ●●kes mention ; so that by the power of the pope parochial payment came just to be setled , yet notwithstanding the eng●… parliaments not willing wholly to forget the poor , for whose sakes tythes were chiefly given , did make divers laws , th●● a convenient portion of the tythes should be set a part for 〈◊〉 poor of the parish for ever , as in the statutes rich. d . . 〈◊〉 and the th of hen. . the pope having by these means brought in tythes , and the priests made a pretended title , by prescription they set up courts , called ecclesiastical courts , which remains to this day ( amongst them that say they are reformed ) to recover thei● tithes by , and the priests came to be the judges of the co●rt , so people might easily understand what might be expect●● from them ; yet them that did not pay , no greater punishment could they inflict upon them but excommunication : yet notwithstanding this general decree , the pope did dispense , and did give exemption to divers orders of his clergy ( so called ) to free them from payment , as the hospitallers , templers , and generally to all lands which belonged to the religious persons and houses , which is the reason that divers at this day , who have any land which sometimes belong'd to th● monastryes now dissolv'd , say , they are tithe-free . now when the pope , by colour of the jewish laws ( by which tythes were given to the levitical priesthood ) had gained an universal payment of tythes to all his clergy ; he in further imitation of that earthly tabernacle , sets up a new building after the former pattern ; and therefore to himself he claims first-fruits and tenths , as a successour of the ●ewish high-priest , sins also he undertakes to pardon , cardinals are appointed as leaders of the families , mitres are ordained fo● the head as aaron had , synagogues they built , now falsely call'd churches , with altars like the jews , with organs and i●struments of musick with singers and porters , &c. and into the form of the levitical priesthood they transformed themselves , and this was taught for catholick doctrine at that time , and yet is still upholden , and pleaded for by the protestant clergy , there by wholly denying christ jesus come in the flesh , the end of all types and figures . likewise afterward henr. . being a papist , and believing the popes doctrine , as also did his parliament , made a law , that every one should set out and pay his tithes , as due to god and holy church . also a second law in his time was made to the like purpose , for great need and reason he had , having dissolv'd the monastryes who had many ti●hes , and either had them in his own hand , or sold them unto o●hers , to be held as lay possessions . and they having no law whereby to recover them , he made a new law to enforce the payment of them , 〈◊〉 ●●ill restrained the tryall of tithes in the ecclesiastical 〈◊〉 . after him also edward the sixth , in pursuance of his fathers 〈◊〉 , made a law for the payment of praedeal and personal tythes , under penalty of treble damages , who also re●●ain'd the tryal to the ecclesiastical court ; these laws supp●s●d them due to god and holy church , therefore they req●ired every man to yield and set out their tithes as had been acc●…omed ; likewise some ordinances were made in that which was call'd the long parliament , in the time of the war , ●…ded upon the former laws , for treble damages ; all ●●●th laws were grounded on the popes decrees and constitut●… , and his ground is upon the jewish priesthood , as be●… is made good by strong supposal , all which indeed is without any true ground in gospel times . for a gospel●…stry i think it not amiss to add here by the way a complain● made to the parliament , not long after the dissolution of the monastryes in england , when lay-men began to possesse appropriated churches and tithes into their hands ; but tak●● the words of loderick mors , sometime a gray friar , &c. ye that be lords and burgesses of parliament house , i require ye in the name of all my poor brethren that are englishmen , that ye consider well ( as you will answer before the face of almighty god in the day of judgment ) this abuse , and see to amend it , when as antichrist of rome durst openly without any vizard , walk up and down throughout england , 〈◊〉 had so great favour , and his children had such crafty wi●● , that they had not only almost gotten all the best lands of england into their hands , but also the most part of all the best benefices , both of parsonages and vicarages , which were for the most part all improperd unto them ( the impropriations held by them were much more then one third of all the parish churches in england ( divided into three parts . ) and when they had the gifts of any not improperd , they gave them unto their friends , of the which alwayes some were learned , for the monks found of their friends children at school , and though they were not learned , yet they kept kept hospitality , and helped their poor friends ; and if the parsons were improperd , the monks were bound to deal alms to the poor , and to keep hospitality , as the writings of the gifts of such parsonages and lands do plainly declare . and as touching the alms that they dealt , and the hospitality that they kept , every man knoweth that many thousands were well received of them , and might have been better if they had not had so many great mens horses to feed , and had not been overcharg'd with such idle gentlemen , as was never out of the abbeys , and if they had any vicorage in their hands , they set in sometimes some sufficient vicar , though but seldome to preach , and to teach . but now that all the abbeys with the lnds and goods and inpropered parsonages be in temporal mens hands ; i doe not hear that one halfe penny worth of almes or any other profit comes unto the people of those parishes , your pretence of putting downe of abbeys was to amend that which was amiss in them , it was far amiss that a great part of the lands of the abbeys , ( which were given to bring up learned men and to keep hospitality , and to give almes to the poor should be spent upon a few superstitious monks , which gave not forty pounds in almes , when they should have given two hundred pound : it was amiss that the monks shoulld have parsonages in their hands , and deale but the twentieth part thereof to the poor , and preached but once a year to them that payed the tythes of parsonages : it was amiss that they scarcely among twenty set one sufficient vicar to preach for the maintenance which they received : but see now , that which was amiss is amended as it is in the old proverbe , it is amended even as the devil amended his dams leggs , when he should have set it right he brok it quite a pieces ; the monks gave too little almes and set unable parsons many times in their benefices , but new where twenty pound was given yearly to the poor in more then one hundred places in england , is scarce one meales meat given : this is a faire amendment , where they had alwayes one or other vicar that either preached or hired some , now there is none at all , but the farmer is vicar and parson and all ; and onely an old cast away monk or frier which can scarcely say his mattens , is hired for . or . shillings meat and drink , yea and in some places for meas and drink alone without any wages : i know , and not i alone , but . more , know more then . vicorages and parsonages , and thus well and gospelly serv'd after the new gospel of england , and so the author goes on in his complaint , because that the maintenance was taken away , and there was a great famine for want of pastours . by all which may be seen what condition those religious houses , and abbies , as they were called , were in at that time ; and now they onely served to maintaine idle and supersticious monks and friers , which did deceive the nations with fabulous stories under pretence of preaching the gospel , and now these benefices being taken away from the papists , their gospel ceased in england , and have been translated over and over unto divers sects who separated from them ; but 't is to be observ'd that as the tythes and hire was taken away , and conv●●ted to other uses , their sect did alwayes fall . and it is ●lamentation that these tythes , and now forc'd maintenance which was first decreed by the popes canon laws should now be holden up by them that profess reformation and separation from them , and scriptures to be their rule . having thus briefly run over the doctrin , decrees , and practices , and opinions concerning tythes , from the apostles ●●me downward , we finde them various , as may be understood by that which is before written , and the right of tythes was never clear , but remain'd in controversie even amongst the most great and learned men in divers ages since the time of christ , yea even amongst the greatest of p●pists in the time of ●he popes domination , and in all ages there were that withstood the payment of them untill this day , and many of the martyrs for that amongst other things , suffered in the flames , and at great difference they ever were as about the end , the property , and the use of them , as may be hereby collected into severall heads : and first of all the tythe among the lews were payed to the levites and priests : secondly , that they were not for the priests onely , but for the strangers , fatherless , and widows : thirdly , when the levitical priesthood was taken away by the coming of christ , the law for tithing was also changed : fourthly , that neither christ nor his apostles in their age never received any , nor demanded any : fiftly , that in the beginning of the church for the first . years , whilest the simplicity of the gospel was retained , no tythes was either claimed or payed amongst christians : sixtly , but as the power of godliness came to be lost , and the mistery of iniquity began to work , mens imaginations taught in stead of the doctrin of christ , began to preach up tythes , fetching the ground from moses writings , that in the first practise of the payment of tythes , after the apostacy was entred in , they were not payed as tythes , but as free offerings and as the bounty of the giver , and were not given for the ministers maintenance onely , but chiefly for the poor . it was no received doctrin generally that tythes ought to be payed , till near . years after christ , that the pope had set up his authority and dominion over the greatest parts of europe● seventhly , that after they were confirm'd by the pope , and commanded to be payed , there was no compulsary law made but onely excommunication : eighthly , after that they were accounted an ecclesiastical duty , and never called a civil right , but were tryed in ecclesiastical courts : ninthly , untill about the year , the common practice was for every one to bestow his tenths where he pleased : tenthly , they were first brought in as a duty owing to god and to the church , and so was required & enforced , and therefore there is no civil property or right in him that claimes them : that first fruits and tenths are but a late invented thing , & claim'd by the pope as successour to the jewish high priest as he sayes . eleventh , that tythes were the same in the ground and foundation , whether claim'd by a priest , impropriator , or by an abbey , and differed nothing but in the person of him that possessed them : lastly , all may see the declining estate , the corruption and error that crept in among men , after the power of truth was lost , so was the fruit also , which caused such earnest pressing to needfull contributions , and then afterward was it necessary for laws and decrees to enforce them , but in the beginning is was not so ; while that purity and simplicity of the gospel remain'd , for then their charity abounded , even oftentimes beyond their ability , to whatsoever need the church required . but now to proceed to answer some other pleas which are come up in these latter dayes , for now the priests of this age begins to be ashamed to make claime for tythes jure divine , they have been so beat out of that their hole , and their plea jure ecclesiastico was but determined in the midnight of poery , and they are ashamed to derive their authority from the pope or his decrees , but now humane right is pleading , sometime by gift of kings and princes , others plead the temporal laws of kings and parliaments , others plead prescriptions by a legall right of their possessions , others plead a legall right by purchase , and lastly the priests they pleade the equity of the law of moses still to be in force , and alleadges all the scriptures in the new testamens for their proofe , unto which hereafter some what is said , these are the most pretences that of late hath been made by the priests of our daye , or the maine reasons that hath been alleadged for tythes ; and first whereas they pleade the gift of kings , as one by king ethelwolfe as before in this book : to that is answered , that if it could be proved , that if the whole land had been in the particular possession of any such king they had said something , but by what right could he give the tenth part of all the encrease , and fruits of the labours of all the people of his dominions , who had no legall property therein ? but if king ethelwolfes grant must be the foundation of tythes , then how many in●ceeding kings and bishops have violated his deed , by appropriating them to monastries & abbeys and such like houses , which shews the vanity of this argument . another argument which seemes more strong is urged , that the temporal lawes of kings and parliaments say , by the law , that they have as good a propriety to the tenth part as any hath to the ninth of their lends . ans. to such may be said , that the law doth not give any man a propriety either in land or tythes , or any o●her things , but doth only conserve and preserve every man in his proper right , whether by gift or by purchase , or by descent , and doth secure him from the injuries or violence of another . but let 's not be deceived with a new formed pretence , lately taken up to blinde the simple mindes with a name of legall propriety & civil right , for that 's but a meer shift , for i may give my land which i have by gift , purchase or inheritance , or i may sell it , and so cannot they that seemes to lay claime to tythes , but it matters not much what any say , when they see their other claimes will not serve , they would evade and shift from one thing to another to blinde people . but le ts hear what the makers of the law saith of them , though in the height of popery , passing by the saxon times and king stephen , who in their blinde superstition , being perswaded thereunto by the doctrin then taught of the popish clergy , that remission of sins was obtain'd by good works , 〈◊〉 aforesaid , they gave divers gifts and tenths for the health of their souls , and their fathers souls as is aforesaid ; but le ts come to henry the eighth , upon whose law all others that are since made are builded , who in his time cast off the popes yoke ; in that act concerning tythes it is declared , that tythes were due to god and holy church , and they blame men for being so wicked as not to pay them and therefore that law is made ; and here is the ground of their law , viz. not any property or civil right in priests or others , for the law requires them as due by divine right , and therefore cannot be by any civil or temporal right , ( for a man to claime that by humane right from humane law , which commands them as due to god and holy church as that stat. of hen. the eighth doth ) is but a meer juggle and decelt , and that law of hen. the eighth , and the rest since , takes them as granted due to god and holy church , but if they be not , but onely supposed as a duty , then the law cannot be binding , as they are in all the statutes . that tythes were never till of late pretended a civil right , is plain , for as they were imposed by the pope , so they are tryable in his courts , and those very statutes which do pleade made by late parliaments , appoint them to be tryed in ecclesiastical courts : and the act of . of hen the eighth , tythes are their called spiritual gifts , and therefore no temporal or civil right , for before the dissolution of the monastries in hen. the eighths dayes , they were never called a temporal right . 〈◊〉 what is the property that is now claimed ? it cannot 〈◊〉 person , or the priest hath them not untill he enter into 〈◊〉 office , & when he parts with his office he looseth his tythes , 〈◊〉 that the property cannot be in the priest , but it was sup 〈◊〉 due to the office , and what is that ? it was a popish 〈◊〉 , when tythes were first payed to it , how should the right 〈◊〉 now , the office being laid aside , and the pope also that 〈◊〉 up ▪ others who pleade à legall right by prescription , because 〈◊〉 have so long possessed them , therefore they judge them 〈◊〉 right . 〈◊〉 was the old device of the pope , first to preach that 〈◊〉 were due , and then to limit them to mon●stries and 〈◊〉 , when forty years were past , to claim that as a debt , 〈◊〉 before was payed as charity , or at the most as the free 〈◊〉 ●…ering of the owner : and thus the pope got first fruits and 〈◊〉 and peter pence , and great sums of moneys out of this 〈◊〉 nation● , and he might as well pleaded his prescrip 〈◊〉 any of his branches can doe now ; is any ●o blinde as 〈◊〉 see what poor shifts are now made to uphold to great an 〈◊〉 , that hath no better support then this , that it hath 〈◊〉 ●…long payed ? 〈◊〉 shall the continuance of an oppression , give right to 〈◊〉 〈◊〉 the grievance ? how many great and heavy press●… 〈◊〉 and other things long say upon the nation , as may be 〈◊〉 henry the third , when the pope got above one hundred 〈◊〉 twenty thousand pound per annum , which was then more 〈◊〉 then the kings revenue . now there is no such office in 〈◊〉 is plaine , for when henry the eighth renounced the pope 〈◊〉 declared by act of parliament , assented unto by the 〈◊〉 to be head of the church , and all the ecclesiastical or 〈◊〉 , were not to claim their benefices from the pope but from 〈◊〉 king as by act of parliament ; but this is more fully & large 〈◊〉 ●orth in a printed paper by gervase benson , to which i 〈◊〉 to the reader . 〈◊〉 as to the impropria●ours which lay claim by purchase , 〈◊〉 have bought the●… of the state , and payed great sums of money for them , and may be many have no other subsistance . unto this it is answered , that in the root & ground al 〈◊〉 is a like , whether they be claimed by priest or impropriator , 〈◊〉 seeing those that sold them had no good title , these that 〈◊〉 derived from them cannot then be good , but being it was 〈◊〉 king or state that sold them , and that the whole nation 〈◊〉 the benefit of their moneys , and the nations was eased in 〈◊〉 taxes and subsidies and charge which unavoidably would 〈◊〉 come upon the nation at that time , seeing the nation had 〈◊〉 generall profit ; it is equitable and just , when they cannot 〈◊〉 what is sold , that the impropriators should have their 〈◊〉 repayed , which went to the bearing and paying of the 〈◊〉 lick charge of the nation : and it is reason that it should be payed , by the nation in generall , and so there 〈◊〉 be no detriment to any particular person ; onely it is 〈◊〉 that the rate be moderate , for it is believed upon good 〈◊〉 that the value was but little , and the rate small which the 〈◊〉 propriators payed for them , because of the charges and 〈◊〉 zards that was upon them , for the purchaser could buy 〈◊〉 more , then what the monastries had , which was disolved 〈◊〉 henry the eighth , and these monastries were to finde a suffic●… priest or curate , which had his allowance out of them , 〈◊〉 a convenient portion of tythe , and likewise a portion of 〈◊〉 tythe was se● a part yearly for the maintenance of the poor 〈◊〉 the parish for ever , as is evident by divers acts of parlia●… after the dissolution of the monastries ; these foresaid charg● were to continue upon them as before , as may be seen at large in a treatise called the poor vicarsplea . others say the lawes were made by parliaments , the repres●… v●s of people , and though that tythes were not due before , yet 〈◊〉 might give tythes because as their owne , they being the body of 〈◊〉 people . answ , this supposeth a particular donation of the 〈◊〉 not onely in their legistative capacity to binde themselves by 〈◊〉 law , but by a particular act of free gift , but its evident 〈◊〉 act never intended any such thing , for it gives nothing , 〈◊〉 commands what was given before , and as to this or all other laws that princes , parliaments , popes , councells , 〈◊〉 〈◊〉 what ever else was by any man made for the payment of 〈◊〉 since christ jesus came in the flesh , joyn'd all together , 〈◊〉 doe they all or any of them binde the conscience ? for if 〈◊〉 be not due by the law of god , as hath been proved be 〈◊〉 that they are not , who hath set them up ? the laws of 〈◊〉 〈◊〉 the best , and what is man or the sons of men , that 〈◊〉 laws in the place , where god disanuls his own com 〈◊〉 heb. . . as is manifest in this point of tythes by 〈◊〉 scripture , verily it is better to obey god then 〈◊〉 , for christ hath not put that power into any mens hands 〈◊〉 a compulsary maintenance for his ministers , seeing 〈◊〉 his apostles and ministers , their practice was other 〈◊〉 is before mentioned . 〈◊〉 but some may say hath not the magistrates , power as 〈◊〉 , t● command the payment of them to ministers whom 〈◊〉 of . 〈◊〉 . if so as magistrates , then the turk , tartarians , and 〈◊〉 magistrates have the like , but it may be said , as 〈◊〉 magistrates . 〈◊〉 . then may not france and spaine , and italy claim 〈◊〉 , for what nation in europe will not say they have 〈◊〉 magistracy , though a f●r greater part of them be 〈◊〉 , and may not the papists by a● good right claim and 〈◊〉 maintenance for their ministers as henry the eigth , 〈◊〉 other could or can doe : but i would not be mistaken , 〈◊〉 i went about to l●ssen the magistrates power in things ●…oral and civil , as to raise taxer , assessements , or sub 〈◊〉 or other chrages for the service , defence , and 〈◊〉 being of a nation , but i distinguish betwix● things 〈◊〉 , and such as are called spiritual , and so give unto cesar 〈◊〉 things that are his , and unto god the things that are his , 〈◊〉 civil things or temporal things they have power from 〈◊〉 to make laws , and preserve a nation in peace , and to 〈◊〉 for the well being of a nation , because in such 〈◊〉 they are their own masters ; but in matters of religi●… spiritual things no man ought to be imposed upon , 〈◊〉 one must give an account to christ , who is the head 〈◊〉 church , and must stand or fall to his own master : but 〈◊〉 law had been just in commanding tythes , can it be judged equall to give treble damages , where they are not payed : if a man be oweing a just due debt , no more by the law is recovered , but what the debt is , besides the charges of the law , how cruel therefore are those injunctions , which in a matter of so just scruple , require and impose the treble values and furthermore to be required by a law to set out the te●… makes a man a voluntary agent in that thing , against which hi● conscience testifies , and he that cannot doe so , they sue and hal● before courts and magistrates , to get judgements of tr●bl● damage ; and by that judgement frequently being put it●… the hands of such persons as will doe it effectually to the priests minde , they take away sometimes . or . yea oftentimes ten fold damage , what i say in this particuler i can prove by ●●ny witnesses in this nation within this ten years ; and though in the ecclesiastical courts the ordinary might not examine 〈◊〉 〈◊〉 upon his own oath concerning his own tythes , but now 〈◊〉 as make conscience of swearing , which christ forbids , o● 〈◊〉 they cannot themselves tel what tyth they had are cast into prison for contempt , & there may ly as long as they live , and many have dyed in prison upon that account . o what reformation is this ? what , compell a man himself to set out the tyths of his own goods to maintaine a hireling priest , it may be , a time server , a prophane one , or a turn-coat , and so to make a man sin against his own conscience , or else take ten sold as much , and not onely so but force him to swear or 〈◊〉 him to prison , there to lye without hope of any reliefe ▪ 〈◊〉 priests is not this the wages of unrighteousnesse that her● i● all this work about tenths and first fruits , and mortuaries & the like , which are no other then the superstitious reliques of popery . o did but the rulers and magistrates know and consider what havock is made through the nation , what driving of goods , oxen out of the plow , horses out of their teames , the cowes from poor and indigent children , and what carrying of pots , and pans , and kittles , and fetching away the cloathes off , of poor peoples beds , me thinks it should make the nation a shamed of such cruel practices ; or else of such priests and tythes as are the cause of all this : manifold instances i might give about all these things up and down the nation , but that i would not trouble the reader too much because they have been publickly made known before by other hands ●●d pens . there are some other that have claimed tythes and a propriety in them , as that they are right by a divine right , and for it pleades the law of moses ; but as to that i shall not say ●uch more , neither is there any necessity for it , because that most of the ministry are ashamed to make this plea. others have pleaded the decrees , canons , and constitutio●● of popes , and general councils , bishops and convocati●… , and these have said that tythes are due by an ecclesiastical right , and by that right generally under the papal power they claimed them , and others paid them : and this continued in england till the popes supremacy was cast off by 〈◊〉 . the th and then he received frst fruits and tenths . 〈◊〉 of this plea many are ashamed , or few will own as judg●●g the ground too weak to claim it by , on ecclesiastical right . lastly , the main and great plea of the ministry of this last age is , that tythes are not due by the law of god , because it was limited only to the land of israel , and to the levites , only they say the equity of the law is still in force , which obligeth all to give a compe●ent maintenance for the ministry ; a●d to maintain this , they bring in all the scriptures of the new testament which seemeth to encline that way ; and be●…se they know of no other way for maintenance , but by ●…hes , as they are supposed now to be established , many ●ave ignorantly gone about to make inferences and conclusions from them , as to prove their assertions . but to all which 〈◊〉 return this answer : that these plead not for tithes properly , but for a maintenance by way of tithes , as they suppose most convenient , &c. and the first scripture they bring in , is luke . . you pay tithe of mint and rue , and all manner of herbs : as also , matth. . . you pay tithe of mint , and annise , and cummin . also luk. . . i am not as this publican : i pay tithes of all that i possess , &c. it is answered , that christ spake this to the jews and pharisees in t●●e time when the levitical priesthood was not ended , and they were bound by the law , whilest it was of force , to observe this ordinance amongst the rest , which were in the first covenane , which was faulty , which continued until the time of reformation , viz. till christ was offered up , and said , it is finished , and was the ed of the law for righteosnesse unto all that believe ; but it is manifest that the jews then , unto whom christ spake , were not believers , but were such as withstood the son of god , and did not receive him , who was the sum and substance of all the types and shadows of that covenant ; and so this is great ignorance to conclude that because these scriptures are written in the new testament , so called , that therefore tithing is a gospel ordinance , for it is manifest that these scriptures had relation to the jews who were under the law , and not under the gospel ; and so their plea , as to this , is made void . but though divine right have been long pleaded , and are yet by some , but few are now left that will only stand to ●e ; for , if tithes b● absolutely due , as by the law of god , no custome , prescription , priviledge , exemption , dispensation , law or constitutions of man or men , can acqui● any from the utmost penny of the tenth part ; but scarce the tenth parson in england payes tithes in kind , and many plead that they are tith-free , and pay none at all ; but if any will stand to this , and plead divine right , then they are to be payed and received for the end and use for the which they were commanded , for the levites , strangers , poor , the fatherless and widow , and then , where is the impropriators share ? and some lawyers of late , of very good fame in england , have given their judgement , that tithes are not due by the law of god. other scriptures they seem to plead for the receiving of their tithes , as rom. . . render therefore to all their dues tribute to whom tribute is due . and matth. . . give un●● caesar the things which are caesars , and unto god the things which are gods. answ. herein is a clear distinction betwixt the things which are caesars , and the things which are gods ; this speaks only of tribute , and custome , or taxes , or as●ements , which the civil magistrate doth claim by law and by cu●●ome , for the preservation of a nation , or conservation of every man in his proper and particular right ; and herein every one ought to render subjection and obedience , not only for fear of wrath , but for conscience sake . but these scriptures hath no relation to tithes at all , nor forc'd maintenance for priests . object . but it may be objected , hath not the magistrate p●wer to command or make laws for the payment of tenths , o● what other part he will to the ministry ? ans● . this was answered before : if god disanulled his own command , hebr. . for the payment of tithes , who o● what is man that he should make a law , as well to consta●ict that his command , as also on the contrary to establish them ? and seeing the work of the ministry in the work o● the lord for conversion of souls ; and that lie is the lord of the harvest , he provideth for his labourers and harvest-men whom he sends out , so that there need not any outward law be made in this particular . the ministers of old ●…eded not , though believers were but few ; and the ministry of this age reckons whole nations to be believers , and yet they dare not rely upon them for their subsistance , but runs to the temporal powers , to make them a forcing law to establish their maintenance , which demonstrates they are no● true be●…ers , whom they reckon to be so , or else , that the lord of the harvest never sent them forth ; or else , that they do di●…st the lord of the harvest , who , they say , sent them out to preach . other scriptures are brought to plead for tithes , or at least some part of them , and forced maintenance , as cor. 〈◊〉 . . thou shalt not muzzel the m●…th of the o● 〈◊〉 treadeth 〈◊〉 the corn , &c. ver. . who plants a vineyard , and eats not of 〈◊〉 fruit thereof ? and who seedeth a flock , and ●ateth not of the ●…k of the fl●ck ? ver. . if we have sown unto you spiritual ●…gs , is it a great thing if we shall reaep your carnal things . answ. unto all which i answer , that they which do believe , and have received spiritual things indeed , that they are enjoyned by the doctrine of christ , and of his apostles , and not only so , but even from natural things , all that believes are largely taught their duty therein , to distribute and communicate freely unto them who labour in word and doctrine , and are sent out in the work of the lord , that they be comfortably provided for by them that are partakers of heavenly and spiritual things from the lord , as to go on in the warfare of the lord , and to plant in the vineyard of the lord ; yea , and it is agreed that the ministers of christ did not do these things at their own charge ; but if they might not be muzled that treads out the corn , yet they may be muzled that treads out no corn , but runs ramping through the lords fields and spoils the corn , these ought to be muzled . again , they that watch over a fleck , though they may eat of the milk of the flock , yet they that kill them that are sed , and feeds themselves with the fat , and cloaths themselves with the wooll , and worryes the lambs , they ought not to eat of the milk of the lords flock ; and of such as they r●c● , on unbelievers and hereticks , and they looks upon , belongs to another master , and not to the fold of christ , they ought not to clip and shear other mens . sheep . but in short , all the aforesaid scriptures makes nothing at all for tythes , or any part thereof , either from believers , or not believers ; and these scriptures also grant , that every man is the sole owner of his own labour and possession , y●● ought every one freely to glorifie god with his substance , and to communicate to him that teacheth in all good things needful ; and such sacrifice god doth well accept . again , other scripturs they bring , in which there is as little ground or footing as in the former , but that they are necessitated to get a shelter and a seeming cover for their practice to blinde people withall , that they may get their money : and so they bring , cor. , , . for it is written , or saith he , it 's altogether for our sakes no doubt this is written , that he aha● ploweth should plow in hope , and he that thresheth in hope , should be made partakers of his hope . ver. . and do you not know that ●●y who ministereth holy things , live of the things of the temple , ●●d they that wait at the altar , are partakers with the altar , even s● hath the lord ordained , that they who proach the gospel , should 〈◊〉 of the gospel . upon these scriptures , as upon the for●●r inferences hath been made to prove their lawful receiving of popish tithes , and forced maintenance . the apostle having travelled and laboured in the gospel of christ among the corinthians , afterwards wrote unto them , exhorting them to steadfastness in the faith , and also reproving the disorders that was amongst them , which was cr●●e in , in his absence , which was sown by them of the circumcision , who boasted themselves against paul , and led away the heart of the corinthians from him , as much as in them lay , into the liberty of the flesh , and looked upon paul as in bondage , whereunto the apostle useth plainnesse of speech , and tells them , that doubtlesse he was as an apostle to them , and magnifies his office , and declares also his power which he had received from christ , as he told them , ver . . have not we power to eat and to drink ? and i and barnabas , ●●ve not we power to forbear working ? doubtlesse , yes : it was the same that christ gave unto his disciples when he sent them forth , with them that are worthy to stay , and to eat , and drink what was set before them ; and doubtlesse they had power to forbear labouring with their hands , but they would not alwayes use it , least they should seem burthensome , but laboured rather to make the gospel of christ without charge ; so this which is alledged as out of the law , for the equality of it , as the ox not to be muzled when he ●●ode out the corn , and a husband man ploughs in hope to receive a crop ; and the thresher thresheth in hope to get out the corn ; even so , he that ministreth in word and doctrine , in the faith and hope , is also made partakers of his hope , and goeth not to war of his own charge , but christ maketh provision for them , and opens the hearts of people to contribute freely in the work of the lord , and for his service , and seeing the corinthians allowed this power unto others , who sowed dissention among them , the apostle urgeth it that he much more had power , though he had not used it . and further , like as they that ministred at the temple , who were partakers of the altar , as god had appointed them ; likewise now they that preach the gospel , live of the gospel , as god hath or● dained it . but that clause , ver . . [ even so ] hath been miserably strain'd by this last generation of teachers , as though they that preached the gospel should live of tythes , even a● they , viz. the levites that ministred a● the altar , did live of the offerings and tithes that pertained to the altar . bu● there is no necessity to understand the words [ even so ] as thereby to infer , that they who preach the gospel should live of tithes ; but as the levites liv'd of offerings nnd tythes , that ministred at the altar in their day , even so , they that minister the gospel , should live of the gospel in their day , and be content with christs allowance . and , as the apostle saith elsewhere , having food and raiment , to be therewith content ; for to live of the gospel , is not to live of jewish tithes , or popish tithes , nor forced maintenance , for this is contrary to the practice of the ministers of the gospel ; for we never read of any commandement given for payment of tithes under the gospel , neither exhortation to any , neither reprehension of any for not paying , in all the writings of the apostles ; so that we conclude , there is none due , neither ought to be received by any minister of the gospel ; but people being generally taught , that the scripture is the fourdation of faith , and practice of christians . the teachers of the last age , they know that people will expect to have some ground or scripture for proof of their arguments or pleas , and they not having what they could desire , brings such as they can get , miserably turning and twineing , perverting and straining these and the like scriptures before mentioned to blind people withal ; but the day is manifest that discovers all the crooked paths , and windings , and turnings of the old serpent , and ministers of unrighteousnesse , and wages of unrighteousnesse . but another seeming hold , is , cor. . . i robb'd other churches , taking wages of them , to do you service . answ. here the apostle shews how he had behaved himself amongst them , though he had power to eat and to drink , and to forbear labour , and to receive of them ( to wit , the ●…hians ) those things needful , yet he had not done so for reasons given , before mentioned , and in divers other places , though he saith , whilest he was present with them , that he wanted , as in ver . . and had preached the gospel freely unto them , ver . . and did not use his power as aforesaid , but rec●ived something from the brethren of macedonia , which 〈◊〉 freely given and ministred by them , amongst whom he ●●d ministred before ; and he made use of thir , even while he 〈◊〉 in the corinthians work : and this he took , being offered fr●●ly by the macedonians , that he might preach the gospel fr●●ly among the corinthians , and this he reckoned as wages , 〈◊〉 as taking from others , that he might serve the corinthians and that he might keep himself clear , and not be bur●…some ; but this was ingratefully done of the corinthians seeing it was that which they freely allow'd unto them , 〈◊〉 had deceived them , to wit , false apostles : but what doth all this prove for tithes and forced maintenance ? even nothing at all ; but on the contrary , proves receiving freely that which was given freely by them , unto whom he had preached freely , and the ingratitude also of the corinthians . but being willing to answer all the pleas and arguments that 〈◊〉 i heard , and al the scriptures in the new testament ( so called ) which hath been brought in for a plea , by the ministrey of this last age , that their cover may be rent , and their vaile ●…e away ; and the feeblenesse of their arguments shewed son● , that people may see , they are without foundation , or my grounded bottome for these challenged tythes and forced maintenance and that all may see we doe not suffer impris●●ment , and spoiling of our goods wilfully , or ignorantly , ●●t for our abiding in the doctrin of christ , and keeping stedl●st to the ordinances , and order of the gospel in the purest time of the publication thereof ; but take one other scripture which they alledge and i have done , which is , heb. . . and ●re men that dye doe receive tythes , but there he receiveth them of 〈◊〉 is is witnessed that he liveth . answ. unto which i answer , because this is written in the new testament so called which they ignorantly call the gospel ; therefore because this word ( here ) is mentioned in the scripture ; they have concluded that the ministers of the gospel doe receive tythes , which they as miserably wrest as they doe the words ( even so ) for here the apostle is exalting the priesthood of christ above the priesthood of levi , and shews that melchizedech was greater then abraham , after whose order christ was made an high priest , and that levi payed tythes in abram unto melchizedech : and these words , here men that dye receive tythes , hath wholly relation unto abraham and to levi in that covenant , and not so much as any shadow at all of paying or receiving tythes in the second priesthood , for if perfection were by the levitical priesthood , what further need was there that another should arise after the order of melchizedech : and all the aforementioned scriptures , which are the greatest seeming ground that the ministry of this last age pretend tythes and forced maintenance from , proves nothing at all , but rather to the contrary , as hath been said & much more might be said ; for it is manifest that all the ministers of christ never received any tythes or forced maintenance from the world , who were in the unbeliefe , neither of them who were not of their church , nor of such as they reckoned as hereticks , but this last generation of apostates exceeds all that ever went before them , in covetousnesse ; if they be but remaining within such a parish ( which was first set up by the pope and his emessaries , and ratifyed by the princes of the earth , that have drunk the whores cup ) whether they be believers or unbelievers , prophane , schismatickes , or heretickes ; yea or such as they 'l curse and give up to satan : tythes and forced wages , mortuaryes and oblations , besides many other things that they claim as due , this they must and will hav●s and will tell you he that preacheth the gospel must live of the gospel ? o sad generation who fills the world with darknesse , and blindes the mindes of people , may it not truly be said and looked for ; that which was prophesied of old , and came to passe concerning the levitical priesthood , when they had violated the commandements of the lord : for your sake shall sion be plowed as a corne field , and jerusalem become as beapes : and truly i doe reckon it as one of the maine transgressions of the ministry of this last age , which should have been leades of the people , but have caused them to erre ; that the nation hath been plowed up and turn'd over as a husbandman turnes ground , and therefore the nation hath not enjoyed its rest , nor the land its sabbaths : neither i look will or can doe , whilest these abominations are held up . likewise , let all the now call'd separated churches be proved and tryed , who reckon that they are separated from the world , and yet many of them have received pay and wages of those who are of the world , for their teachers , who send none out at their own cost , to preach to the world , and this is likewise hypocrisie and an abominable thing , and here also the r●●●rs of our present age might learn wisdome ( seeing that all the ministers of christ never received any maintenance from the world , or from them that did not look upon them as ministers of christ , nor own them as such ) to with-hold their hands from upholding any with their worldly sword , or compell others to maintaine them by their penall laws , but to leave christ kingdome to his owne rule , who is lord of the harvest , and sends forth labourers , and hath spirit and life , and power , and wisdome to put upon them , and give unto them , who chuses whom he pleaseth , and will not be limited , who sent forth fisher men , shepheards , herdsmen , plough men , tillers of ground , and keepers of flockes , who spoke plaine word● , and reached to the consciences of men of the meanest capacity ; and yet our litterall rabbies cannot understand , who are yet wise in the worlds wisdome , gathered into schooles and there study , and learn a trade , and trades with their words , thereby to get their livings , and what doctrine as suites the times ; that they study to uphold their maintenance . in the time of popery they studyed the popish doctrin , and preached it to the nations , in the time of prelacy they changed to a new form , and when that was lai'd aside ; presbitery step'd on the stage , and that doctrin and worship was studied and preached , and the universityes and schooles sent out such as would suit that time , then after that independency that was propagated , and then the universityes and schooles sent out such as would suit that time , and now episcopacy is started up from the grave , and all the former lai'd a side , and look what pleaseth them best which hath the greatest livings to dispose , and that is sure by them to be cryed up , and studyed and preached , and here 's the spring of the teachers , the universityes and schooles sends forth , who wheeles about any way to preserve them in esteem and in their maintenance . but let the rulers and all wise men consider , that christs love to the world for whom he died is not lessened nor abated , neither is his spirit diminished , nor his power shortened that he will not , or cannot send forth fit ministers for his service , or that he needs universities or schools , or magistrates to provide maintenance for those that he sends forth , for let the magistrates look to their own kingdom which is of this world , and to restrain and punish the evil doers therein , and to encourage and protect the good , and then all would be agreed , and the nations preserv'd and kept in peace and quietnesse , every one enjoying his true liberty and freedom in the things that are spiritual , and which belong to the kingdom of god , and herein would be no detriment at all to the magistrates , or the kingdoms of the world , nor any dimunition from their power ; and oh that they might learn wisdom , and as they would not have men to entrench upon their prerogative and power , as it is not meet , so likewise that they would not intrench upon the soveraignty and power of christs kingdom which is over all , and do we not say , thine is the kingdom , the power and the glory , and know this , that his glory he will not give unto another ; and let me speak freely the main reason wherefore the nations have been broken into strife , and fractions , and warre , is because many men hath made an inroad , and an intrusion upon the soveraignty of christ , and against such his power hath and will ever turn against , because they will not allow him that is the most high to rule and reign in kingdomes and the consciences of men , which he alone hath right to do , and this power , honour , and glory the lord hath not given to any other , nor yet will do , but to the son of god the light of the world , the life of men , and the saviour of mankind , and what is man or the sons of men , that they should strive with the lord in this thing ; let all the rulers of the earth consider betimes , was not this it that destroyed the whole nation of the jews ? was not this it that confounded all the roman monarchs , and brought them all to a miserable end , because they would not suffer christ to be head among the christians , and also how many princes , though otherwise wise , have lost their crowns and kingdoms , because they would not suffer christ to have dominion in his peoples hearts , but persecuted them for keeping his statutes , and then his power turn'd against them , as sad experience hath witnessed in many nations , and chiefly by the instigation of the ministry of every age since the apostasie ●●●red in , have stirr'd up the temporal kings , and temporal princes to make laws , and to compel all to obey them , and have pressed it upon the magistrates , as their duty , when their gospel would not maintain them to make laws for them , to compel people to give them tythes , and forc'd maintenance , and hire , or else most dreadfully complain upon the magistrates , as that christ was little beholden to them , if they would not compel & force according to the priests mind , they have then judged them as lukewarm , & irreligious persons , and such as had no care of the church of god at all , and thus the pope and prelates of every age downward untill this very time , have put on the magistrates and rulers to work drudgery for them , and intermeddle in those things which properly and solely belongs to christ jesus , or else have stir'd up the princes of the earth to make war one against another , only to vindicate their covetous and ambitious quarrel , which was only a self-seeking , and pride , and not the honour of god , nor the prosperity of his saving truth ; and so greatly wrong'd the princes of the earth , busying and troubling them with their own covetous and self-seeking affaires ( falsely calling it the church affairs ) and for the honour of christ , when they have neglected their own necessary and urgent affaires in many nations , and kingdoms to the great harm of princes , and detriment to the nations , and trouble to the people , as is evident in the history of divers christian princes , from the time of constantine , until this very day . o it is sad and lamentable to behold how emperors and princes have been gull'd and cheated by these pestiferous , worldly , and carnal priests , who have not minded the law of jesus christ , nor the conversion of souls , but their own bellies , and to be chiefly medling in state matters , and princes affairs ( which did not , neither do belong unto them ) rather then the flock of christ , insomuch that they are grown to that height , and pride , and imperiousnesse , that no king , or potentate could keep his crown or prerogative and kingdome in quiet , nor possesse his own dominion in peace , except he was subject unto them : instances i might bring many of emperours and kings , whose kingdomes have been interduced , and the king and his people curst , and excommunicated because of some factious legate , bishop , or pryor , who have complain'd to the pope , and upon every small sentence and judgement against princes , and all under pretence of vindicating church priviledges , and what a mischief and stir the former bishops of canterbury , priors , monks and others , what stirs and broiles they have made in this our english nation , and what trouble they have put the princes thereof unto , and involved them in , and the whole nation , only for their own particular interest , our own chronicles and histories of the nation doth sufficiently testifie , unto which i refer the reader , rather then to trouble in this discourse , and since the popes yoke hath been thrown off , how have the nations been involv'd in trouble , and princes disturbed with the covetous priests affairs , as about tythes , glebe lands , augmentations , forc'd maintenance , hire and mortuaries , and about their caps , and tippets , and hoods , and altars , and tables , and crosses , and unholy railes , and bells , and fonts , surplices , and girdles , and such other like trumpery , how hath the nation been troubled , and peoples consciences been burdened , and one disjoynted from another , in which god hath not been glorified at all , nor his people edified , and all this and much more the magistrates hath been pressed upon , and very much troubled . and for being afraid of offending their worldly priests , they have becom'd their servants , and drudges to work their slavery , and yet all is too little , and great commotion and strife hath been , and is in the nation this day about these trivial , yet troublesome things , by which the hearts and consciences of good people are troubled , and the nation vexed , and all under the name of vindicating the church priviledges . o all ye magistrates and potentates of the earth arise , and ●●and upon your own legs , and shake your selves and these things 〈◊〉 off you , and trouble not your selves with that which is too p●●derous and weighty for you to bear , which you are never able to made thorow , keep peace in your own dominions , and exec●te justice and judgement among all people without having respect to this or that particular judgement , for that 's the way and the only way to preserve the nation and people in peace and qui●●nesse , and let christs kingdome alone , and his church alone to him that is the head thereof , who gave his life for it , and hath a case of it , and let christians alone as christians , and as c●●ists subjects , to be governed by christ , who is the king , law●…r , and judge of his people , who only hath right to rule in the hearts and consciences of the sons of men , who doth teach , hath taught , and yet will teach his people , as is witnessed by the prophet isaiah . and this glory and power he hath not given to any man , as man , whatsoever ; but he himself teacheth how ●e will be worshipped , to wit , in spirit , and in truth . and ●…soever would arrogate unto themselves that power , then doth ●e power of the lord jesus christ turn against them . and therfore be warned , all ye potentates of the earth , and let your e●thly wisdome cease , and carnal policy cease , and earthly ●…rivance cease , and worldly consultations cease ; make room all , give place and give way to him who is risen and com'd in his second appearance in his sain●s , who must have way , and will have way , or else will force his way , though not by bow , s●ear , buckler , or shield , or carnal weapons of war , for out of his mouth goes the two-edged sword , and hot coals of fire are kind●… by the breth of his mouth : and the breth of the lord shall ●n the wicked , and burn up all mountains and hills before it . consider what god did to amaleck of old , whose king was a●●g a mighty prince , and to sihon , and ogge king of bashan , who was of the race of the giants , mighty for fortitude ; and , ●oreover , ammon and edom very great . nations , all these rose ●p to stop the lord in his way , and israel , unto whom the promise of god was made . and what was the issue thereof , when the lord was glad to force his way , though to the detriment and ●…ine of all those mighty nations ? christ the light of the world , now in the end of the world , and in this last age , hath chosen a people out of many peoples , and a family out of many families , and a nation out of many nations , to serve him and worship him , to honour and obey him in life , spirit and power , in their generation , and unto them the promise of eternal life is made , and the kingdome that is not of this world , and the inheritance that fades not away . and christ the king of eternal glory is their leader , and many are determined to follow him , and loves not their lives to the death , and are willing to lay down all in this world for that which is promised , and would fain walk on their way in quietnesse and peace , without any molestation to any man in person or estate in the world , eating their own bread , and drinking their own water , either by labour or by price ; but , alas , their way is stopt , and divinations is sought against them , the balaamites are called forth to enchant , and divine , and curse , and they give counsel to the princes to stand up in defiance , and seek by all means possible to stop , and hath fram'd many engines , to see if that will do , to wit , forcible laws , confiscations , premuniries , jayles , prisons , houses of correction , fines , stockings , whippings , execrations , cominations , and excommunications , and what not that can be invented by wordly policy , and now the battel is set , though one party hath no carnal weapon i● their heart or hand , and all nations mark the issue , remember the battel and the end thereof , and do no more , if the lord do not manifestly say , and make it evident one way or other ( for i dare n●…nit him a way ) saying as he did of old , touch not mi●● anointed , do my prophets no harm , to every kingdom , natio● and people , who riseth up against the inheritance of the lord and if he bring not a rebuke upon whatsoever nation , people o● family , that arises up in opposition against christ and his people , whom he hath redeemed , then let all conclude that god is no● among us , neither is with us , nor hath spoke unto us , but to be sho●● in this matter , because a few words to the wise is enough , and a little councel to the prudent may suffice , but in this particular of which i have been treating most what about tythes , and ministers maintenance in this i shall conclude , and also assent unto , as being the judgment of thousands of the lords people , as that the ministers of jesus christ , who are truly so , manifest in doctrine and works , who sow unto us or any people spiritual things , they should and ought to reap of our temporal things . but here lies the difference ; first of all , that the spirit of the lord in our consciences must be our judge , who these ministers are , and no other mans direction , for to the conscience were alwayes the ministers of christ made manifest , and not approved with the reason and wisdom of man. secondly , that our gifts may be free , and by no mans compulsion ; and this is according to primitive example , and the church of christs order in the first gospel-times , which all do conclude was the most purest time . and would not this ease the temporal magistrate of much trouble that he puts himself unto , and also be more acceptable to god and man ? for who hath made him a judge of these things in gospel ●…es ? but seeing i have run over the many particular judgements from the apostles time downward , and hath given the best ●…dent that can be given in every age , as to this particu●… , and seeing divers things are written by other hands , 〈◊〉 may be enough to satisfie the consciences of all who 〈◊〉 scruple in this matter : and so i shall conclude upon 〈◊〉 many good reasons and grounds before mentioned , which is agreeable , some of them , in every age unto the doctrine of christ , and the practice of the apostles , and 〈◊〉 is a certain and positive truth , believed among us , which 〈◊〉 is agreeable unto the scripture , that tythes and for●… maintenance , as to the ministers of christ , never was , 〈◊〉 , or shall be counted as gospel maintenance , neither 〈◊〉 the consciences of believers at all obliged in this mat●er . concerning parochial churches , and division of par●shes and parish profits . concerning these parish churches about which there is such heavy stir at this day , and for parish pay , and an injuction for all to worship there , is a very novelty , and compared with the apostles time , though it s granted that there were places wherein the saints did assemble themselves for the worship of god , yet no limitting to any such place , nor no limitting , nor no tying to pay , these were but set up at best in the time of popery , and not altogether in the beginning of it neither , for as is mentioned before , the teachers was sent out of the monasteries and religious houses so called , and the people did go to worship at any place , and at their own free will gave their offerings where they pleased , till the year . as before is mentioned , as learned selden hath well observ'd in his exact treatise of tythes . as for the brittains little or no testimony is extant of any credit , that discovers their order in their times , but some about the year after christ was found amongst them , for when da●ritrius was bishop of south wales , and his see appointed at landasse , divers churches were erected , and oblations , and other profits were appropriated to him and his successours , likewise mention is made of a church build in the time of the romans , to the honour of saint martin , in which austin and his followers , when they came first from rome , made their holy assemblies , as they were call'd , but guildas saith , that about the year . the clergy having lordship , had resort to them for filthy lucres sake . first , parochia or parae●●● be diversly taken , as first it was taken by the saxons , for bishoprick , or a diocesse , or otherwise , for a limitted place within that diocesse , called a lesse parish , but it is manifest that these parishes had no profits at all belonging unto them , but only were places where augustine sent his monks unto in the time of the saxons , and to preach and receive the offerings , and they were carried into a general treasury for the clergy , for then they had all things in common , so at that time when they began to grow rich they began to build some houses , call'd churches , and to repair the old temples of the gentiles , as pope gregory advised them out of the offerings of the people , ( but now parish priests , takes tenths and oblations also , and that by force , and will neither build nor repair these masse houses , and so are worse then the papists in their time ) for the conveniency of the neighbouring inhabitants were assigned to the ministring priests where they exercise their shrivings ; but not so limitted that every one was bound to keep his devotion within the limits of such a place or any parish , for in the respect of offerings , and profits , canterbury was indeed the only limitted parish , so it was not material at what place they met , or where they offered their bounty , so they did it any where , and it s commonly received , that honorus , who succeeded augustine at canterbury , about the year . divided his province into parishes , as some of the greatest and most learned writers relate . but when the popes doctrine was received and devotion grown great , such as it was , most lay men of great estates desired the country residence of some chaplaines or clarks , that might alwayes be ready for their instruction , their families , and adjoyning tenants ; and then parish churches began to builded by them also , and the bishops hallowed them , as it was called , and they were endued by particular maintenance from the founders , the territories , demesnes , and tennants , and neighbouring possessions , & they assigned the limits where the holy function should be exercised & appointed ▪ the persons that should repaire the church and offer there , and provided a speciall sallery for the performance , and made the revenue perpetually annexed to the church of that clark who received it , and so the offering were restrained from the common treas●ry of the diocesse . out of these lay foundations , chiefly undoubtedly came these kinde of parishes which at this day are in every diocesse ; their difference in quantity being originally , because of the several circuits deme●nes , or teritoryes possess●d by the founders , sometimes greater , and sometimes lesser . at what 〈◊〉 these lay foundations began to be frequent , appears not , but some mention is made of them about the year as bede ●●ith who mentions one puch a sax●n noble man , and one addi who builded also and endu●d them with sallary ; but about the year . many were founded by lay men , and recorded to be appropriated to the abbey crowland , by this time lay foundations grew very common , and parochical limitts also of the parishoners devotion , and in a councell held under wilfride archbishop of canterbury , we finde that where churches are builded , and that they are consecrated by the bishop of the same diocesse , a cannon of the same synod ordaines that thorow every church upon the death of every bishop , that all the families of every parish were to meet at the church , and sing . psalmes , and . psalters , and . missayes with fasting and prayer for the soule of the bishop deceased : many more instances might be given , and presidents about these parishes , but enough of this onely to informe the reader of their original ; from these it doth fully appear that the limits of parishes were understood : but the first expresse mention of limitation of profits to this or that church , as in the lawes of king edgar made in the year , in the very midnght of popery , where it was ordain'd that every man should pay his tythes to the most ancient church or monastery , where he heard gods service ; but some parishes had other beginnings in regard of the inconveniency , which made pope alexander write to the bishop of yorke that he heard of a c●rtaine parish in his province was so far distinct from the parish church , that the inhabitants could not repaire to it in winter ; whereupon he commands the archbishop to build a church in that town , and to institute a presentation of the rectour that might have to his use all profits encreasing in those limits , and acknowledge a superiority to the mother church , and so by the authority of the power either by the pope , bishop , or princes , who received their doctrin ; the limits , and maintenance of parishes have been more or lesse as they ordained , and as they doe continue to this day . likewise in other kingdomes and nations , where the pope had authority , the like rules as aforesaid were observ'd , as might be evidenced by sundry authors ; but not to trouble my selfe or the reader any more , with such unprofitable stuffe● i have onely given these instances to show the ground and rise of them , and shewn how that people then were not limited to any particular place in respect of worship , neither in respect of pay , orduty , so call'd but now them that pretends reformation , & hath denyed the pope and his doctrin , as they say , they claime both , and if all between such a hedge , and such a ditch , such a water , and such a way , will not come and worship at that place called their parish church , and hear their service and joyn with them in it , though it be never so repugnant to the doctrin of christ , and the true worship of god , but more especially if they come not with their pay : they 'l give them up all unto satan by whole sale , and cast them into prison , and denounce them hereticks , and cry to the temporal power for helpe against these non conformists , for they are not fit to live in a nation , because they are not commodious to us ; and then get an order , fetch away their goods , break open the gates , carry away poor mens corn , drive away oxen , & cows , & ●rayl away the pots and pans , hale away cloths of poor peoples beds , and then cry they are not subject to the orders and canons of the holy church ; no not conformable to our lawes , and this is the practice of our great reformers , of our latter ages , which is far worse then in the very height of popery : by reason of which practices the land mournes , and because of which we cannot joyn with them in their worship , neither give them pay for doing of mischiefe , nor suffer the lords goods to be given to such covetous lazy priests ; who serves not the lord jesus christ , but their own bellies and for denying of these late innovations and new upstart things which are no congruity with the primitive church of christ ; we are great sufferers at this day , but have rather chosen to keep our consciences clear , and the doctrin of christ inviolable whatsoever wee suffer , till god make our innocency and our righteousnesse appear as the noone day , and pleade our cause in the midst of all our enemies . the end. the poor husband-mans complaint , his hope and confidence . let pope and priests doe what they may , god will take tythes ere long away : for they 're oppressive in the land , which makes good men against them stand : for wee oppressed are thereby , which makes us to the lord sore cry , to ease us of this burthen sore ; that wee may praise him ever more . that he would hearken our addresse , which wee to him in humblenesse presents our suit to ease our griefe , and thorow pitty send reliefe . for by the mercilesse merchants crew , of babell● citty doth renew , our sufferings most heavily , housholds expos'd to penury . our kine , and oxen they by force , drive away without remorse . our bedding , pewter , and at last our selves are into prison cast . thus to misery they their doome , by authority fetcht from roome doth expose our sad estate , and whole housholds ruinate , by that which they usurpate , they wh●le familyes extirpate . o great oppression thou againe , makes us doubly complaine . our heavy burthen fetcheth groanes , this cruel tything forceth moanes : and wrong fully they have pretence of scripture made for their defence : from levies tribe they would possesse , tythes to them are by successe : and thus the gospels day in vain , to get their prey they would disdaine , 〈◊〉 gods worship that shall stand , when they have done what 's in their hand for what is done against gods power , shall be thrown down as in an houre . the world shall destroyed he , who lives not long may come to see god will try as there is need , and send deliverance to his seed , this is my faith i do believe that god will sore the wicked grieve , therefore let wicked men repent , that unto hell they be not sent ; and if they subject be to god , they ●ay escape his heavy rod , the time comes on , and hast apace , wherein great babylon god will race o●● of her power and might so great that she 'l be turn'd out of her seat , that christ may reign whose due it is , that all the faithful him may blisse , ●●bylons merchants with their pay i● gods time hee 'l turn away 〈◊〉 〈◊〉 is com'd to be their foe which is cause to bring their woe , 〈◊〉 they shall cry woe and alas when there is non to make redresse , 〈◊〉 ●ne houre shall judgement come with violence perpetual doome , of death and famine shall she taste , her stately buildings all laid wast , 〈◊〉 day of howling shall betake and she thrown down into the lake , 〈◊〉 dreadfully her doubled cup , of wrath and sorrow she 'l drink up ; 〈◊〉 ●hy the lords decree shall stand , 〈◊〉 purpose now is near at hand , and what is prophecy'd shall come , babels merchants they shall mourn , they shall weep and howl right sore , their merchandise will sell no more ; after that which they did lust , departed from them , is as just . read your sentence , babels train , judgment comes with might and main , the wrath of god , and fury great powred from his judgment seat : from his presence , yea from him will your cup be fill'd to 'th brim , kings will mourn , and cry alass , when they these things see come to pass , for through christs power and renown , down goes babel , she goes down . j. r. as one fore-seeing the day of terror that is to come upon babel , makes this invitation . come out of her my people , o return , make haste , her day 's at hand to weep and mourne , her dayes of howling hastens on apace , she hath nigh liv'd her time , and run her race : return , return , least that her plagues you taste , for desolate must she be , her buildings waste , her fiery burning smoake is nigh as hand , for fear of torments , kings at distance stand . the voice of mourning shortly comes to pass , babylon's merchants cry , alass , alass , this city great is now com'd ruinate , and all her stately buildings desolate . thus babylon the great is thrown to 'th ground , and never any more is to be found : then shall the glorious day , and then the voice as if of mighty thunderings , saints rejoyce , and they their song of halelujah sing , their praises , honour , glory , to their king. their joy and splendor , now the saints do say the lamb is come , this is our nuptial day . oglorious sun-shine , king of saints we 'll praise , and in thy powerful wonder we amaze w●● admirable joy , our souls to thee the song of sion sing ; o praised be thou holy , holy , glorious righteous god , who babylon hath shaken by thy rod , and gives thy saints the songs of joy to sing , praise to their god , praise to their gracious king. the saints in righteosness thou wilt aray with fine adornings , thee to praise alway , and i● thy glorious habitation rest , for eve● more with joy their souls be blest . 〈◊〉 , rejoyce , ye●saints of the most high , to sions king give praise eternally : the wondrous joyes unto you which are come unto the marriage supper of the lamb , in admiration which to you belong , the doubled halelujah is your song : when babels just reward that day shall be as a great mil-stone cast in to the sea : reward her as she hath rewarded you , double her cup , her torments eke renew . for in so much as she the saints blood shed , with rigteous judgments shall she be judged : sit down ye sufferers in the patience seat , and willingly content , though it be great ; tour measure 's hard in this your suffering day , but your reward shall come with double pay . resign your selves , and willingly sit down , in the expect●nce of the glorious crown , for why , your portion glorious shall be , a great reward is sure , you shall it see , fre● not your s●lves because of wicked men , your day will joyous be , even so . amen . e. g. the great complaint and outcry of one of the sufferers of sion . o rulers of england and teachers , and people how long will it be are you will awake out of the deepe slumber , that hath ceased upon you , and consider a little : you doe all look upon in this age that popery is idolatry , and to maintaine their worship and practice is not consistant with the worship which you own , but doe you think that talking against popery in the generall , whilest that you are upholding it many particulars in point of lawes and worship , doe answer your profession , or will preserve you in the day of the lord , when the righteous judgements of god shall be revealed ; seeing that though you have broken off from them in some circumstantial and ceremonial things , for that very maine basis and foundation upon which it standeth is absolutely covetousnesse , and filthy lucre , but to speak plain , tythes , offerings , oblations , mortuaries , peter pence & qu●dnon is claimed and looked upon to be due as to the pope in imitation of the jews high priest , with all the rable of that crew , even from the very bishop to the quirister boy ; and yet in point of wages and pay all the aforesaid ordinances which constitutes by authority from rome stands as evangelical or jure divino unto this day amongst the reformed churches so called , which are not onely disconsonant to the first primitive times , but also contrary to the very law of the jews , when tythes , oblations , and offerings were due to be payed , for then the husbandman , poor , fatherlesse , widows , and orphants might all eat together of that which was offered , or given according to the command ▪ but now them which pretends another mninstry , and layes little claime to the levitical priesthood , and have also possessions of lands amongst their brethren which the levits had not ; these goes with tythes , offerings and divers other things never claimed by the levites , but claimed by popish constitutions in the midnight of popery ; and all these things the reformed priests so tearmed , layes claim unto and must have , and will have , or else the whole nation shall ring with their noise , common 〈◊〉 , exchequer , capiter court , assise and sessions , shrieffs , ●●alers , bayliffs , and every common catch pole shall be employed to doe their work , and all too little , to satisfie their ●●ltrous eye : and if they can get a serowle und●r any hand that hath authority ; they 'le break open doors , pull down ●●dges , carry away the corn at their pleasure , drag away pots 〈◊〉 kittles , and tugg away beding and cloathes of all sorts ; c●ildrens nights beds as a priest of this order did in kent , ●●ly , yea curtaines and vallans , drink bear out of the cel●●r , and if it be but halfe a cheese ; and this is their plea , be that ●…eth the gospel , shall live of the gospel , and the aforesaid 〈◊〉 and man , fatherlesse and widows , hath not any part or ●●re in the aforesaid falsly claimed tythes , but all is too little , to satisfie the insatiable covetousnesse of these evange●●cal priests , falsly so called : o how can yee know and be●old these things , and not blush and be ashamed ; and shall 〈◊〉 lawes which have been made in the night of darkenesse 〈◊〉 popery , of necessity be a rule in this age to magistracy and ●…istry , which pretends they are in a more pure lig●… o 〈◊〉 the lord would open all your eyes to consider , but ●ow 〈◊〉 , them unto whom his marvellous light is shed , cannot bu● 〈◊〉 ●nto you , and also bear their testimony against the afore●… grievances and disorder which are executed beyond mea●…●pon the poore people in this nation , which certainly if 〈◊〉 amended will draw down gods heavy judgements upon 〈◊〉 nation ; and so i cannot but as one among the rest give 〈◊〉 ●y testimony for god and his truth against such cruell 〈◊〉 , and falsly pretended maintenance of black coates , ●…d turn coates , and my testimony is true and to seale it , i ●…ve given up my life and estate . by a servant of the lord. m. l. to all who say you are gathered out of the world into church-fellowship , these queries are for you to answer . . what was the woman that was cloathed with the 〈◊〉 and crowned with twelve stars , which travelled i● pain to bring forth ? . what was the sun she was cloathed withal , and : stars she was crowned withal , and when was she so cloathed and crowned ? . and what was the man-child that was brought forth , seeing christ was born of the virgin in bethlehem long before john saw this in the isle of patmos ? . and when did the woman fly into the wilderness , and what is the wilderness into which she fled , and what is the wing● of the great eagle , which she did fly withal ? . and what is the time , times , and the half time , which she is to be in the wilderness , and when did it begin , 〈◊〉 when will it be expir'd , and whether is the woman ever to come out again , and when shall be the time of her return ? . when was the time , that the man-child was caught o● unto god , which the women brought forth , seeing chr●… was ascended long before this man-child was caught up to god , which was to rule the nations , and how long is it since . and whether is he ever to descend again , and be mad● manifest to rule the nations , and when shall he begin 〈◊〉 reign ? . when was the dragon in heaven , and how came he there , seeing that it 's written , no unclean thing can enter there , or nothing that doth defile ? . and when was he cast out of heaven into the earth , and how long hath he to reign in the earth ? . when began he to persecute the remnant of the woman seed , and how long shall his reign be ? . when begins the one thousand years that he shall be bound ? or , whether is it begun or to come ? . when shall he be taken hold of , and with the beast and false prophet thrown into the lake of fire ? . what is mistery babylon , and when had she her rice , when was her city raised up , over which she rules as a queen ? . and what is the golden cup of fornication she hath made the nations drunk withal ? . and what is her merchandize which her merchants trade withal , and the sea upon which they carry their traffick , and upon which the ship-masters , and ships ride , and when shall it be dryed up , and what shall dry it up ? . when shall the city over which she hath reigned be destroyed ? and when shall her flesh be burnt with fire ? and what is the gospel that shall be preached again ? . and how long hath it been since it hath been preached to the nations , seeing it 's to be preached again to the nations , and whether is the time begun or not ? when was the gospel lost , seeing all europe is professing it , or whether is it yet to come , when it shall begin to be preached again to kin●●●● , tongues , and nations ? . and what is the light of the lamb , the nations that unsaved shall walk in after the seven vials be poured , upon the ●●t of the beast ? declare if thou have understanding . francis howgill . the end. errata . several faults have escaped the presse un-corect , but the most material are these . page line for chief vicar , read christs chief vicar , p. l. for preferred , r. preserved , l. for conversation , r. conversion , p. l. . for possion , r. possession , p. for their r. there , p. l. for pound per 〈◊〉 , r. pound out of this nation per an●… . p. l. for on r. an , p. l. for ed r. end , p. l. after the word pope , r. and upon every small complaint was ready to hear them , 〈◊〉 〈◊〉 give sentence and judgment , p. l. for r. for psalter● r. psalteries . notes, typically marginal, from the original text notes for div a -e gen. . . & , , . gen. . . hebrews . . gen. . gen. . . gen. . , ver. . ver. . joseph . arcao●…g . a. c. 〈◊〉 . e. exod. . . tertul lib. a● vers . jud●os 〈◊〉 lii item sepius gen. . . ambros lib. 〈◊〉 de cain & . 〈◊〉 chap. . . . 〈◊〉 galat. . . ●eut . . . ezek . . exod. . ●ev . . . ●um . ●eut . . . ●●k . ch . . 〈◊〉 . . 〈◊〉 . . . 〈◊〉 . . . stat. . h●● deut. . ● levit. . ● . deut. . ● rabbi ben 〈◊〉 onion in 〈◊〉 chaze ch●… de therum●● ch . & mi● kotzi in p 〈◊〉 cept . . ch●o . . mal. . &c. neh. . ●●am de ●nis , ch . . ●●ke . heb. , . heb. . . heb . . v. . 〈◊〉 . . . 〈◊〉 . . . 〈◊〉 . . . matth. . . matth . . ver . . matth. . ● luke . . ●●s . . ●s . . ●e ocka● in ●ra ● du● , ch . . ●e synod . ●ger ▪ can . ●ul . his a●g . ch . . ● . offerings co● tinued years . eusebius li● ch . . cyprian in l● epist. . . . the counci● of antioch anno . chrysost. ho● . ●…r . de unit . ●…cles . ch . . greg. hom. . in evang. & dist . . de cons. jero . in epist. ad nepotian devira claricorum . in serm. de th temp . in tem . ● . córysost ho● . upon the epistle . co● . . syrril de adorat . in spir . ● ver . lib . a● finem . gen. . . pros●er de vi●… contemp . 〈◊〉 ● chap . oigen hom. . in levit. mascon . ●as . . cap. . in extor . de d●… . cum non sit vide a caput . prox . sec . selden . selden his hist. upon tythes . c. . ad tit. de paoch . & al pa●och . extra & significavit . so cora , aen●ias , varviar , ●solute l. r. c. . vide zona in confil. gang. nantz counce consil. trent . non sent ferendi qui variis artibus decimas ecclesiis , &c. bed. l. . extat . in 〈◊〉 exempla●… saxoni li●… linwood constir . vincia ti●… dec . sanci●… gotiom . ●meo re●…o animae ●…ni , & ●…li . john wick●●●● camplaint 〈◊〉 of fox his a●… and mon. ●●as sylvius is bohe● history . ●his acts mon. pag. acts and monuments p. . ambrose upon the luke . bernard upon . luke . eusebius upon jerome . isidore de summo bon● , chap. . heb. . acts and monuments , pag. . acts and monuments , pag. . paul grisaldus apud camell , borell inconfili●●●m parte . antho. bishop of spaletto d● repub . eccle● lib. . luke . . luke . . . mat. . . 〈◊〉 cor. . . gen. . and 〈◊〉 . . basils histories by eneas sylvius . exlicello dicto , the complaint of loderick mors , alim impress . geneva . notes for div a -e seldens hist. of tythes , chap. . hist. bode eccles. lib. . cap. . the kings majesties most gracious letter and declaration to the bishops, deans and prebends &c. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the kings majesties most gracious letter and declaration to the bishops, deans and prebends &c. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . church of england. sheet ([ ] p.) printed for john jones, london : . "the clergy must be paid sufficiently. no leases of rectories or parsonages to be signed unless the vicarages or curacies have at least £ or £ per annum.... prebendaries are to comply with this order, which is to be enforced by deans, bishops, and archbishops, on pain of displeasure." -- steele. dated at end: th of august . arms ; steele notation: a maintenance afterwards. annotation on thomason copy: "aug ". reproduction of original in the henry e. huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- clergy -- early works to . church and state -- england -- early works to . clergy -- salaries, etc. -- england -- early works to . tithes -- england -- early works to . broadsides -- england -- london - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms the kings majesties most gracious letter and declaration to the bishops , deans and prebends &c. charles r. as nothing is more in our desires then to provide that the 〈…〉 ●ngland , under our reign might be furnished with a religious , learned , sober , modest , and prudent clergy 〈◊〉 we are ready to give incouragement to their labours and study in their severall degrees and stations , that they may give check to all prophaneness and superstition , and as zealously affect to remove all scandalls , and reproach from them and their callings , conceiving therefore a competent maintanance to be a necessary encouragement : and that all other persons who have power to dispose of tythes , may be invited to cherish all learned and godly ministery . we do resolve that because where tythes have been appointed for the support of bishops , deans , and chapters collegiate churches , and colledges : and other single persons that have not taken due care to provide , and ordaine sufficient maintenance for the vicars of their respective places , or for the curates where vicarages were not endowed , to settle for the future some good addition and encrease on such vicarages and curats places . our will therefore is that forthwith provision be made for the augmentation of all such vicarages , and cures , where your tythes and profits are appropriated to you and your successors , in such manner that they who immediately attend upon the performance of ministeriall offices in every parish may have a competent portion out of every rectory impropriate to your see. and 〈◊〉 this end our further will is , that no lease he granted of any rectoryes or parsonages belonging to your see , belonging to you 〈◊〉 〈◊〉 ●uccessors , untill you shall provide that the respective vicarages or curats places , where are no vicarages endow 〈…〉 tythes , or other emoluments , as commonly will amount to or l. per annum , or more 〈…〉 it will bear 〈…〉 , settle it upon them and their successors and where the rectoryes are of small value , an● cannot permit of such pr●●ortions 〈…〉 vicar and curate , our will is that one half of the prof●t of such a rectory b● reserved for the maintenance of the v●●ar or 〈◊〉 curate . and if any leases or grants of such fore-named rector●●● have been made by you since the f●rst day of june last past , & 〈◊〉 you did not ordaine competent augmentation of the vicarages or cures in their respective places , our will is , that out of the fines which you have received , or are to receive , you do add such encrease to the vicar and curate as is agreeable to the rates and proportions formerly mentioned . and our further will is , that you do employ your authority and power , which by law belongeth to you as ordinary for the augmentation of vicarages , and stipends of curates , and that you do with diligence proceed in due form of law , for the raysing and establishing convenient maintenance of those who do attend holy dutyes in parish churches ; and if any prebendary in any church ( the corps of whose prebend consists of tythes ) shall not observe these our commands , then we require you , or the deane of the church , to use all due meanes in law , where you or he hath power to compel them , or that otherwise you report to the bishop of the diocess , where the said corps doth lye , that they may interpose his authority for fulfilling this our order ; and if any dean , or dean and chapter , or any that holdeth any dignity , or prebend in the cathedral church do not observe these our commands , that you call them before you , and see this our will be obeyed ; and if you or any bishop do not your , duty , either in their own grants , or seeing others to do it then we will that upon complaint , the arch-bishop of the province see all performed according to this our declaration , will and pleasure : and whereas there are divers rurall prebends , where the vicarages are not sufficiently endowed , we require you to see those our commands be fully observed by them . and we do declare our will and pleasure in all the perticulars fore-cited to be , that if you or any of your successors , or any dean , or dean and chapter , of 〈◊〉 our cathedrial church , or any other person holding any office , benefice or prebend in the same , do or shall refuse or omit to observe these our commands , we shall judge them unworthy of our future favour , whensover any preferment ecclesiastical shall be desired by them from us . and lastly our will and command is , that you and your successors do at or before the first day of october in every year , render an account to the arch-bishop of how these our orders and commands are observed , that the arch-bishop afterwards may represent the same unto us , by his majestyes command . edward nicholas . this is a true copy of the king letter , shewed in the house of commons by sir allin brawdriff the th of august . london , printed for john jones . . darknesse and ignorance expelled by the light shining forth, and the appearance of the day. in answer to a book called, innocents no saints. published by one edward dodd, wherein he hath laboured to prove tythes lawfull, and tithing priests and hirelings to be the ministers of the word, and the masse-house the church; and calls idolatry civility, and heathenish complements courtesie, and hath perverted many scriptures. his deceit laid open, his vindication made void, and his arguments confounded, and truth laid open in all these particulars, for the sake of the upright in heart, who rejoyces in truths prosperity. by one of the lambs followers, who makes warre against the heart of the dragon, and against the rear of the beast. f.h. howgill, francis, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) darknesse and ignorance expelled by the light shining forth, and the appearance of the day. in answer to a book called, innocents no saints. published by one edward dodd, wherein he hath laboured to prove tythes lawfull, and tithing priests and hirelings to be the ministers of the word, and the masse-house the church; and calls idolatry civility, and heathenish complements courtesie, and hath perverted many scriptures. his deceit laid open, his vindication made void, and his arguments confounded, and truth laid open in all these particulars, for the sake of the upright in heart, who rejoyces in truths prosperity. by one of the lambs followers, who makes warre against the heart of the dragon, and against the rear of the beast. f.h. howgill, francis, - . [ ], , [ ] p. printed for thomas simmons, at the ball [sic] and mouth near aldersgate, london : . f.h. = francis howgill. reproduction of the original in the british library. eng dodd, edward, th cent. -- innocents no saints -- controversial literature -- early works to . tithes -- early works to . a r (wing h ). civilwar no darknesse and ignorance. expelled by the light shining forth, and the appearance of the day. in answer to a book called, innocents no saints howgill, francis b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion darknesse and ignorance . expelled by the light shining forth , and the appearance of the day . in answer to a book called , innocents no saints . published by one edward dodd , wherein he hath laboured to prove tythes lawfull , and tithing priests and hirelings to be the ministers of the word , and the masse-house the church , and calls idolatry civility , and heathenish complements courtesie , and hath perverted many scriptures . his deceit laid open , his vindication made void , and his argument confounded , and truth laid open in all these particulars ▪ for the sake of the upright in heart , who rejoyces in truths prosperity . by one of the lambs followers , who makes warre against the head of the dragon , and against the rear of the beast . f. h. and the merchants of the earth shall weep and mourn over her , for no man buyeth her merchandize , any more , revel. . . and cryed when they saw the smoak of her burning , saying , what city is like unto this city , rev. . . london , printed for thomas simmons , at the bull and mouth near aldersgate , . the man-childe which was caught up unto the throne of god , when the red dragon sought to devour and destroy him , hath appeared again in power and great glory , after the long and cruell tyranny of the dragon , wherein she hath killed the saints , and prevailed against them , and hath made great war , spoil and havock of the remnant of the womans seed , this . or hundred years , and hath compelled all both small and great ( whose names have not been written in the lambs book of life ) to worship him , and the beast , unto whom he hath given great authority to kill , and to destroy whosoever worshipped the god of heaven , that so they might be worn out , and all the earth might worship him , and feare him , and extoll him , and his authority . now the time , times , and a halfe being near an end , that john saw the woman should be retired in the wildernesse , she appearing again in her beautifull garments , and her heir and her seed appearing again after the long night of darknesse . now when the lord in this the day of his power is appearing again , and the man-childe that is to rule the nations with a rod of iron . now the dragon , beast , whore , and false prophet , and all the mystery of iniquity , gog and magog , and all apostates , deceivers , and merchants of babylon that have traded upon the waters upon which the whore sits , they are all up in armes , every one with his weapons which he hath formed in the bottomlesse pit , is now set in array against the lamb who is risen ; the priests , hirelings , and babylons merchants , who have got so great gain by sea , they have given the first on-set in the front , of the black army of the dragon , and this sixe or seven years hath made a great noyse , and hath raised so much smoak out of the pit , that they have darkned the ayre , and made it cloudy , and hath filled the earth with a great noise , that many have admired what the issue would be , and what the event might prove ; but now many who have waited in patience , have seen the lamb appear , and have seen his rising in majesty , and hath prevailed ; and many of them who gave the first on-set grows weary , seeing the battel goes too hard against them , and the lamb and his followers prevail . and now comes on the tail of the dragon as the reserve , and the rear of the beast , among whom edward dod appears , and he thinks to prevail , and get himselfe a name , and to do exploits ; but alass , all his weapons are but the old broken bowes and the spear is that are strewed up and down the field of confusion , which we have run over and over , and trampled upon , and esteems them no more then rotten wood : he hath raked up those things which have been answered over and over , and that which the rest of the dragons army hath vomited up , before in the beginning , he hath licked up , and now vomits it out again , and casts out floods of poysoned words , false accusations , and arrogant reproaches , and proud disdainful speeches , as though his tongue were his own ; and like one of ishmaels brood , scorning and deriding at innocency , and saith , he hath laid down some of our tenets , and named them , and shamed them . all sober people who know any thing of god , will see thou hast shamed thy selfe , and not us , in uttering forth thy folly : and thy title of thy book demonstrates what is within it , the beginning is scorn and derision , the end is folly and madnesse , and many ignorant words uttered forth from a corrupt heart and unbridled tongue , which is bent to do mischief , and to speak falshood ; but lest thou shouldst glory in the old rotten broken weapons which thou hast taken up , which were formed by thy leaders , and not by thee , which we have answered again and again , and have over-run them as stubble ; which answers have cleared the truth to all sober people , that they see all your weapons are but carnall , and not spirituall , and they have no might in them at all to stand against the truth , nor them who are made free by it , whose weapons are spirituall and mighty through god to beat down strong holds of darknesse , and the towers of ignorance . many are beat down already , and the lamb is risen , and upon the white horse , and a numberlesse number is following him , who rides on after him , who shall subdue the nations to himselfe , and break the yoke of the ungodly , and deliver the oppressed , and no weapon that is formed against him shall prosper . i say , lest thou shouldst boast , i shall return these lines in answer to thy book . thy book thou titles , a pair of spectacles for a dark-sighted quaker . i say thy spectacles are more like to make ones sight dimmer , then through them to be made to see , they are such wooden ones ; but the quakers sees before thee , and beyond thee , and comprehends thee , and have received eye-salve , whereby their eyes are opened to see thy deceit , and the deceit of the treacherous generation with whom thou art joyned , and thy rejoynder and vindication of samuel smith , whom thou calls minister of the word at cressage in the county of satop ; thy vindication of him , and thy pleading for him , will not bring much honour to neither him nor thee ; and though thou and he both ioyne hand in hand in deceit , yet you shall not go unpunished . thou tels the reader of wandering planets who have left their station , who have stepped upon the stage in the county of salop , who are come forth in this apostatizing time . all who have a good understanding , may clearly see not onely in the county of salop , but also in every corner of the land , many wandering stars that have no habitation in the firmament of gods power , but are tossed up and down , and are as waters , unstable , tossed too and fro with every winde ; and the change of one magistrate , or head governour will make them all change their forme ; and as thou calls it , metamorphize them into another shape , witnesse the many publique teachers , and parish-masters , and tithing priests in the dayes of edward the sixth , henry the . queen mary , and queen elizabeths dayes , and now of late in the bishops dayes , when the magistrates voted down the bishops , all or most of the priests denied their fathers , and their institution ; and though they ordained them ministers , yet they denied them , and now are got into their seats and benefices , and there thy reader may see the metamorphosed changelings , and the apostates ; and i do believe the county of salop abounds with such like ; and they have been on the stage long , and have acted such a part in every generation , as would please the present authority , or power , whether they were papists or protestants , prelaticall or whatsoever ; but f. d the exit will come , and when the day appears , the beasts must go into ●heir dens again : and thou confesseth you live in apostatizing times ; thou that art among the apostates , and in the apostatizing age and time , would accuse others : nay , thou must hold thy peace , and leave pleading for apostates , and for the fashions of the heathen which hath got up since the dayes of the apostacy , which the whole scope of thy book is full of nothing else ; and we cannot permit or allow them who are in the time of apostacy , and who are one with the apostates , which have wandered after the beast since the dayes of the apostles . i say , we cannot allow such as you to be judges ; for we are come out of the apostacy , and to before the apostates , and to before the wandering stars , and thou hast mist it much that tells the quakers are they . edward , i tell thee , we are come to the everlasting gospell again , and have received it , and it 's the power of god , which was to be , and is to be preached again to the nations after the apostacy . and as for the book called malice stript & whipt i have seen it ; and the spirit of thy mr. smith , whom thou calls reverend , thou hast elevated him as high as the pope ; but e. d. what is the reason thou reverencest him so much as thou doth to thy reader ? and in the tenth page thou saist , many souls depend upon his ministery ; and thou blessest god , for the worke of god you enjoy in that congregation . thou hast extol'd him too highly , or else he hath wronged thee grievously ; for thou saist thou hast profited much by him : thou mayest call to minde a certain time , when he preached ( as you call it ) out of the of luke , and when he spoke of the parable of the man that planted a vineyard , and years looked for fruit ; and sam : smith , whom thou so adores , said , he had sought for fruit from your congregation this yeares at cressage , and had found none , he shall be an evidence for me against thee , that thy glorying of him is vain ; and it 's manifest he is one the lord sent his prophet to declare against , who hath run , and the lord never sent him , therefore he hath not profited you at cressage at all ; lean souls are they like to be that depends on him . in the first observation , as thou calls it , thou hast extracted the heads of samuel smiths book into five particulars , which thou saist we are ashamed to answer , or else know not what to say for our defence . i say unto thee , boast not , when thou putst on thy armour , but when thou putst it off ; for the victory may be doubtful . the first particular , that the nationall ministers doth maintain the true worship of god , and the doctrine of christ according to the revealed will of god . answ. so saying , and so doing were something ; the true worship of god is in spirit and in truth , which is not loe here , and loe there , nor in outward observations , but in life , in power , and in truth : but to be brief , both the doctrine and practice of the nationall ministery in generall , is contrary to the scripture , which thou calls the word of god ; ( as for instance ) their sprinkling of infants , their teaching men to swear , and calling it part of the worship of god , which is contrary to the doctrine of christ , who said , swear not at all . their singing davids psalms put into meeter , by poets and ballad-mongers , singing them in their invented tunes , which pleaseth the carnall minde ; their studied discourses , which you call sermons , invented from the strength of naturall wit , and not speaking as they are moved by the holy ghost , which the ministers of christ in all ages did . in these , and many other things which i could instance , they are out of the doctrine of christ ; and in a word , your whole worship differs both in matter and manner , from the saints worship in the primitive times . but seeing we have denyed the nationall ministers divers years ago , and have laid down our grounds and reasons to the world , wherein we have charged them , that their practice is contrary to scripture ; unto which grounds and reasons , not one parish-master in england hath yet vindicated themselves these sixe years . and unto that book called the grounds and reasons why we deny the priests , if the reader be not satisfied concerning them , there he may see how they erre , both in doctrine , and practice , contrary to scriptures . to the second and third particular . that the present government of the nation is the ordinance of god ; and that the ministers bringing offenders before the magistate is not persecution . as for the present government of the nation , the lawfulnesse thereof is not in question by us ; but many who are governours , and should be executors of the law , have acted contrary to law , ( being stirred up by the priests , who bite with their teeth , if one put not into their mouths ) and hath caused the just to suffer by giving judgement against them , in their wills , contrary to law , or else according to those lawes which hath been made in the will of man , in the transgression , under which we have suffered for the truths sake , and therein have peace . and as for ministers bringing offenders before magistrates , that is an usurped authority , to make a minister a magistrate ; but edward , what was the offence ? because a company of people came to cressage , and declared the word of truth in your streets ; and what if it had been in your assembly , this was no offence in the church of corinth , where all might speak one by one , although it s become an offence in your masse-house at cressage ; but the reader may judge in whose steps thou and thy priest walkes ; you have done the offence , and then accuseth others to the magistrates as offenders ; let shame cover your lips , you impudent men . hath not samuel smith in his own narration in his book , said , that william parrat constable , and humphrey dale church-warden , according to the ministers direction did pull down the quakers speaker , charging some to secure him ? and others also of your own county secured by the instigation of the priest , by his own confession , in the fourth page of his book . and here he and the rest of the society at cressage , who had a hand in this thing , are manifest to be in the steps of the pharisees , whom christ cried woe against , which cast out of their assemblies , and haled the disciples before the magistrates ; and like the envious jewes that cryed , help men of israel ; for these men turn the world up-side down ; but you are worse then they . the priest was the first fomenter of the breach of peace , the constable and church-warden his executioners , and yet thou tells of the quakers being offenders . now all sober people will see your envy & deceit , and that you are in cains way , and by your false flattery and deceit , would justifie the magistrate for your own ends , and cause them to turn the sword against the guiltlesse , which should be against the transgressor . and who was in the transgression on the reader may easily judge by that which is fore-mentioned , and yet the priest , and you of his congregation would make people believe that you did not persecute ; the priest did give order to pull down the speaker , the constable and church-warden they acted , and secured your own neighbours as prisoners , your own congregation swearing against them the breach of peace , and getting them shut up into prison , and sentence given against them , and yet thou wouldst have this called equall proceedings ; but to that of god in all consciences , i leave to be judge in this things . in the fourth and fifth particular thou saith , we have charged to be envious and bitter , and malicious against the most eminent ministers of the land . them whom thou calls eminent ministers , hath charged us with many false things , and have written many false things against us , for which thou and they in the dreadful day of the lord shall give an account . envy , bitternesse , and malice is put away from us , and we envy no man , but speak the truth in sobernesse ; and yet to say a lyar is a lyar , or a deceiver a deceiver , or an hypocrite , an hypocrite , when they are so , is neither rayling nor malice : christ , in whom no guile was found , he said , they were a generation of vipers , and they were of their father the devill , who were in envy , and went about to kill him . and the apostle was not envious when he said , o full of all subtlety , thou childe of the devill , to one who was doing the work of the devill ; and many such workers we finde , and many venomous spirits who shoot out poysoned arrows , even bitter words , and these we must reprove sharply . and those things which thou layst to our charge , take to thy selfe ; for the ground of iniquity is in thy heart , from whence thou hast uttered forth all these disdainful , proud , & scornful words , of which thou shalt be convinced , and also reproved when the lord searcheth thy heart , when he brings anguish and perplexity upon thee , then shalt thou confesse to his righteous judgement ; and so thy five principles i have answered , which thou sayest thou hast brought into thy booke to fill up the blancks ; they had better have been blancks still , then have spoyled so much paper with thy lylying disdainfull scribbles , which is not worth the answering . in the third page thou saist , thou wilt restate the reputation of the ministery of england to be ministers of christ ; and for proof , thou hast brought col. . . and rom. . those words proves that epaphtas was a faithfull minister , and that paul was a minister of christ to the gentiles ; but what hath this proved as to the nationall priests ? nothing at all ; and if thou have no better proof then this to bring them into reputation , in stead thereof thou wilt bring defamation upon them ; and when thou shouldst prove them ministers , thou proves that paul and epaphas were ministers , will not the least in the truth see thee to be a busie-body ; but fools will be medling . then thou art offended that we call them priests for receiving of tythes , i say it 's the most proper ; for none but priests and levites did receive tythes , and how long since is it , since they generally called themselves the tribe of levi ? for never minister of the gospell , nor of the word of reconciliation , either received tythes , or commanded that they should be payd , neither reproved any for not paying ; but said , the priest-hood was changed and the law was changed by which tythes were due ; but thou goes on , and makes a sound argument as thou judgest , and saith , abraham paid tythe to melchisedeck before the law ; and thou askest how he did give it , either by the law of nature , which is called the law of reason , or by the light within , or by revelation . thou speakst thou knowst not what ; where readest thou of the law of nature , called the law of reason , except it be in the devised fables and stories of the priests ? but what doth this prove ? gen. . abraham gave the tenth part of the spoyl which he had taken from his enemies , but melchisedeck first brought forth bread and wine to abrabam and his company , and greeted abraham and his company kindly , and blessed him , and abraham freely gave unto him the tenth part , melchisedeck desired none ; but dost thou judge , that if abraham had given him none , that he would have taken by force the tenth part of the spoyl from him ? now what doth this prove for the tything priests of this nation ? they must first do as melchisedeck did , if they will have melchisedeck for an example , he blessed abraham , and brought forth bread and wine unto him and his army ; but which of the priests have done so , which have received tythes ; which is not a gift of the people , but a forc't thing from them ? if this must be thy proof for tythes by the gift of abraham , then let the priests cease forcing and taking them till people be freely willing to give them , and then there will be no complaint : but let us reason a little further of this matter ; would melchisedeck have taken the tenth , if abraham had not given it him ? or when did melchisedeck , or any before the law take away the peoples oxen , cowes , horses , sheep , pots and pans , and bedding upon which poor people lyes , three-fold , four-fold , and sometime ten-fold ; that they claim , or sue people to courts , throw them into prison till death , as many evidences we have in this nation ? either give us a precept , or an example before the law , or under the gospell , or else stop your lying mouths and clamorous tongues for ever . dost thou and the rest of the priests think that wee are so ignorant , that we know not the originall of the tythes in these nations ? a thing invented to fill the popes coffers , and the rest of the clergies budgets , seven or eight hundred years after the ascension of christ ? all which tythes and oblations , and obventions were invented in the apostacy , since the dayes of the apostles , and since the woman fled into the wildernesse : and the man-childe was caught up to god , when all the world wondred after the beast , them they had their rise ▪ and when the kings and rulers of these nations did drinke of the whores cup , then they made lawes to compell the nations and the people therein to pay the whores merchants ; and the popes locusts , which he sent over the nations , to fill the earth with their deceit , which laws stands yet in force as though they were some divine institution ; but both the tythes and the law by which they are compelled to be paid , we deny , and bear our witnesse against , as to be things which holds up the devils kingdome ; and the gospel which the nationall ministery holds up and preaches , hath no more ability in it to procure a maintenance for them , then the papists gospell did for them : so to be brief , the priests hath the popes wages forced by a compulsory law , made and ratified by them who owned the popes supremacy . furthermore we assert , that tythes were never due by divine ordination , but onely to the priests & levites in the first covenant , nor never were commanded to be paid but in the land of anaan ; and who so upholds the ordinances of the first priest-hood , denies the ordinances of the second : so this commandement to pay tythes now to them , who are neither of aarons , nor levies tribe , and by us who are not in canaan temporall , nor of israel according to the flesh , the commandement by which tythes were due in the first priest-hood , reaches not unto us . and after christs ascension , nor one of the apostles either commanded or required any such practice of the saints , either to colossia , corinth , antioch , philippi , pergamos , or the rest of the churches of asia . so that it 's evident to all judicious men , that this is quite another thing got up in the apostacy , which no minister or believer ever did own who were witnesses of the second covenant ; but any who are not satisfied in this thing by what i have said , which much more i could say concerning this thing ; but i refer them that are not satisfied , to a book called , the great case of tythes stated , published by a. p. in thy fourth and fifth page thou art pleading for mastership for thy ministers , and so by thy own argument thou hast proved them out of the doctrine of christ , who said to his ministers , call no man master , neither be ye called masters ; but to oppose this , thou brings john . . how christ said to nichodemus , art thou a master in israel ? and then thou vaporest , and saist , these are not the words of mr. baxter and mr. smith , but christs . in some translation it is ruler in israel . in another , teacher in israel : but it may be , some who coveted after mastership as thou dost , hath put in master for ruler and teacher ; but grant the word master , christ testified that the jewes and pharisees that they were called of men master , and reprehended them for it : and if he did say to nichodemas , art thou a master ? he spoke but in their language , not with approbation of their being so called ; for it 's manifest he gave a contrary command to his disciples , and the commands of christ did not contradict one another . and as for richard baxter and samuel smith , whose works thou saith doth witnesse for them beyond thy testimony . as for r. b. his works are manifest to be works of darknesse , many false lyes and reproaches he hath cast upon the living truth of god , and hath been a great opposer of the strait way of the lord , for which the lord will plead with him and you all in the day of his righteous judgement . and as for s. s. let his owne testimony evidence what his worke is , who said in the congregation at cressage , he had look't for fruit seven years among them , but found none : so it 's manifest he is such a workman as may be ashamed of his work . in thy sixth and seventh page thou sayest , the pharisaical quakers makes voyd the fifth commandement , because they do not put off their hats to politicall and spirituall fathers , as thou calls them ; and thou heapst up a great deal of scripture to no purpose , not one word in them all doth prove any such thing , as putting off hats either to fathers spiritual or temporall , and so thou art a perverter and a wrester of it to thy owne destruction ; and thou cites rom. . . to prove putting off hats , render to all their dues , tribute to whom tribute ; and this is the tribute of the nation , thou saith . and the pet. . . submit your selves to every ordinance of man , this thou bringst . ignorant block , shew us either in plain scripture or example from the saints , where it is commanded or commended , or from any ordinance of man , or else cease thy foolish clamour , and learn a bridle for thy tongue , and cease thy foolish inferences . if the magistrates had no better tribute then putting off the hat , they would soon be poor rulers : and whereas thou callest it civill worship , doffing the hat , and bowing the knee , i know no more civility in it , then if thou should put off thy coat or thy doublet to every one thou meetest with ; and most of this which thou calls civility , is the most practised by them who are the rudest , vainest , and the phantastickst proud anticks in the nations , who are full of flattery and deceit , and vaine complements ; and to a proud fellow which hath a gay cloak , or powdered hayr , and a 〈◊〉 silver lace dawbed upon his cloaths , then off goes the hat , and the knee bowes , and your servant sir , and your servant my lord , or your most humble servant , or thrice humble servant ; when if he were commanded to do service to such a one , would not do any thing materiall , but disdain him ; and meet then with a plain man , who will not complement , and then sirrah , & unmannerly clown , and be ready to fight ; and this spirit rules the most in those men , who are so full of their complements , that begets one another into pride and deceit , and provoke one another by their bad example into deceit , like drunkards , drinking one to another to make one another drunk , it 's like thou wilt call this civility too : and if thou wilt plead , it 's the custome of the nation , doffing hats , and bowing . the customes of the heathen are vain , and many in israel who feared the lord were not to walk after the customes of the nations ; for this deceit was not from the beginning , and who ever comes to be a follower of christ , who received no honour of men , neither respected persons , will deny this deceit . take him for thy example , rather then a company of fidlers , and roysters , and ruffins , who are without the feare of god ; and christ who is the saints example , he said , how can you believe , that seek and receive honour one of another : so then , they were unbelievers who sought and received honour one of another ; and wouldst thou and the rest who live in deceit , brin● the custome of unbelievers , and the practice of unbelievers among the saints , who are believers , and follows christ their example ? i say we have no such custome , nor the churches of christ , the next piece of deceit thou art pleading for , is bowing to one another the knee , and titles of honour , wherein the devill hath a great hold among people . gen. . . this thou bringst to prove bowing ; jadah and his brethren came to josephs house , and they fell on the ground ; this is an example indeed . wilt thou take another ; the same brethren of joseph sold him when he was a boy , was that a good act ? if thou say nay , i say one is as much commanded and commended as the other ; for that same that doth violence , it 's the same that respects persons ; but abtaham bowed to the children of heth ; what of that ? so did joseph swear by the life of pharaoh , and both joseph and abraham were good men ; but they were never the better for these actions , neither the one nor the other : but then thou brings a scripture , and thou saith , it must stop our mouths , gen . . . and thou saith , this may teach us , if we be of jacobs seed and houshold , to bow to the god of jacob our king , & why should this stop our mouths ? but the scepter shall not depart from judah , nor a law-giver from between his feet till shilo come : so he was to rule , to wit judah , till shilo came ; why should this stop our mouths ? shilo is come , and hath opened our mouths , and the scepter is departed from judah long since ; both them that bowed to iudah , and iudah that was once bowed unto , they are both bowed under , and shilo is set above , and now he must be bowed unto , go learn what that meanes . it was answered against bowing , the second commandement prohibits it , thou shalt not bow down to them ; but the answer satisfies thee not . thou saith , doth this forbid civill respects , or idolatrous worship ? that which thou calls civill respect is idolatrous worship , putting off the hat , and bowing the knee to a man with a gay cloak , or a gold ring , or a company of ribbons , or a long gown : to bow downe to such , because of the attire , is respecting of persons , and idolatry ; but you are fallen into a far worse state then respecting of persons ; for you respect cloaths , and doffs your hats , and bow your knees to them with fine rayment ; and let the man in vile rayment or poor attire go by without either cap or knee , and for all thy civility thou so greatly pleadest for , and courtesie , if he put not off his hat to thee , it may be thou wilt call him sirrah , rogue , or clowne , for all thy civility . again , put on the poor man good attire , and a fine cloak , and a gold ring , then you change your note , and say , if it please your worship , or like your honour , your humble servant sir . now here is not only respecting of persons , which is commission of sin , but respecting the creatures , and worshipping the array which is upon a mans back , which is idolatry , and not civility , which is to be condemned ; yet civility and courtesie i owne , which is so in deed , and in truth ; but that which the world calls civility and courtesie is hypocrisie and idolatry ; and for salutations , thou saith , we seldome use : and thou bringst scripture to prove , that christ and the saints saluted one another . their salutations are owned , and such salutations are practised by us in uprightnesse of heart , and true love without feignednesse ; but we cannot do as you do , bid a man god-speed , when he is not doing the worke of god , nor say farewell to them who are in their evill deeds ; nor as the world doth , with their good-evens , and good-morrows , and takes gods name in vain ; and if one do not answer them according to their light vaine mindes , they will fall a rayling and beating ; all such spirits we deny , and their salutations . in thy second observation . thou saith , do not we prove , that places of christian assemblies to be a church , and thou brings many scriptures to no purpose . thou bringst the of kings , vers. . and cor. . for the glory of the lord shall fill the house of the lord . and thou answerest , and saist , not the steeple-house , but the church . there thou hast added to the scripture , and divers other scriptures thou bringest , wherein the temple was called the house of god , and the store-houses were called the house of god , mal. . . all which scriptures i own ; but they are nothing to thy purpose ; that the temple was called the house of god , and the tabernacle the house of god , and the store-houses the house of god , this is granted . these were made and builded according to the command of god , wherein the lords treasure was which fed the poor , the fatherlesse , and the widow , and the priests and levites that ministred unto him ; which temple , priests , store-houses and tythes , were figures and shadows of good thing to come ; which when the good things did come , the figures ended . but when did god command your idols temples to be built ? and what are they a figure of ? that which thou shouldst have proved is , that your steeple-houses where you meet , anywhere in scripture is called the church of god . thou and thy master smith art offended that we call the place you meet in a steeple-house , and saith , take heed that no such language be spoken again as steeple house . why not ? huth not these houses steeples ? but we shall call it truly and properly as it is , the masse-house , which hath the crosses standing upon them yet , or an idols temple , which was dedicated for the idolatrous worship , and for the idoll masse , and other superstitious ceremonies ; your windows full of pictures , your walls full of images , and monks faces , and bears yet the popish names , as st. anthony , st. clement , st. dunstans , and st. patrick , and st. maries , and the like . you blinde men , full of ignorance , perverters of the scriptures , which would bring the scripture to prove your idolatrous masse-house to be a church , and calls it the house of god , & temple of god , when the first founder was an apostate ; and you who hold it up , and calls it a church , are of his brood , and are dead stones , which worhips in the dead house , and knows not what the church of god is ; and yet you say , to what end should we bring scripture to prove any thing by to these men ; take it not into your mouths , except you bring it for a better end , to make people believe that the prophets and apostles when they spoke of the house of god , and the church of god , spoke of your idoll-temple , or ever intended or meant your steeple-house , or old masse-house . and thou saith , few of the ministers in england thou believes henceforth will have any thing to do with us , for we are blind leaders of the blinde . i believe they see sufficiently they have come to great losse , and sees their weapons have not prevailed , but are become all like broken bowes , in which there is no strength , which they may all lay downe in the field of confusion where they set their battell ; but the lamb hath prevailed , and his weapons are spirituall , and they who follow him are skilfull to handle the sword , and are able to make war with the beast and all his followers ; and many are overcome , and the rest shall be subdued , and the day hastneth greatly , that they shall melt away that hate the lord . and as for christs saying , let them alone , they are blinde leaders of the blinde . this he spoke of thy generation the pharisees , who were called of men master , and loved greeting in the streets and market-places , and stood praying in the synagogue , in whose foot-steps the priests of england are , which christ cryed wo against , and now they are seen to be blinde guides , and leaders of the blinde ; for they whose eyes christ hath opened , hath ceased from such , and now bears their testimony against such . in the eleventh page thou goes on in thy blindenesse and ignorance , pleading for your publique place of worship , the old masse-house , set up by the injunction of the pope ; and you have taken their houses into your hands , and scoulds against them in it , when you are in the same nature : and thou bidst us read what conspirators and enemies of god use to do , in pslam . , . they said , let us take to our selves the houses of god in possession . this was spoken of the heathen , of gebal , ammon , and amaleck , and the men of tyre ; who devoured , and destroyed , and sought to destroy the store-houses and synagogues that were used in the first covenant . and thou mayest take the application home to thy selfe , and to the generation thou art pleading for : have not the papists good ground to plead with you in this behalf ? was not the abbies , monasteries , masse-houses , tythes , oblations , and obventions , easter reckonings , peter-pence , the papists and jesuites maintenance ? and did not henry the eighth , who was the first establisher of your religion in this nation , did not he take them away from the papists ? and then the priests who denyed their holy father the pope , got their tythes and the maintenance , and took the masse-houses into their hands , and the tythes and easter reckonings : and if thou call these gods houses , and this gods maintenance for his ministers which maintained popery , then thou hast brought all these scriptures against thy selfe , and thou art in a great transgression ; and your schooles and colledges which thou ignorantly callest the schools of the prophets , like an unlearned man , and schools of piety , then the papists were prophets , and they were pious ; for these schooles and colledges were invented by them , and you have gotten these from them , to wit , the masse-house , schools , colledges , tythes , oblations , the papists maintenance , and their hire , and this is lawfull in your eyes , and yet you will call them impious and idolators : are not the things the same in your hands as they were in theirs ? but these things are quite another thing then was in the first covenant . these things are not to be paralleld with the synagogues , temples , store-houses , tythes under the law , for these were invented since the apostles dayes ; and the apostates , who went from the life invented them , when all wondered after the beast , and never mention a word of the scripture , as to thinke to prove these invented trumperies ; for the scripture never intends , nor them that spoke it forth , to patronize your deceit in these things . object . but it may be thou maist say , though these things fore-mentioned were set up by idolaters , and the places were made for an idolatrous service , and the maintenance and hire were to maintain idolatrous priests ; but now they are converted to a better use , and they are convenient to meet in , and convenient for our ministers maintenance . answ. did ever any of the ministers or apostles of christ goe into the iewes temple or synagogues to worship after christ was ascended , except it was to declare against them , and to bring people off them ; or did they take the jewish priests maintenance , which was commanded to be payd of god ? or did the ministers of christ exhort the jewes that believed , to build a temple or a synagogue to worship in ? or did any of the ministers of christ go into the temples of the gentiles to worship , or into the high places of the iews ? or did they receive the idoll priests maintenance , or the jewish tythes , or eate that which was sacrificed to idols ? if nay , where is your example ; i know you dare not plead commandement from the lord for these things . might not the jewes , when they had broken down the altars of baal , and destroyed the images and high places , and the beauty of them , have said , these are convenient places for worship , let us now worship here for conveniency ; and that maintenance of offerings that was offered to idols , let 's take them , and give them to our priests and levites , and let us offer them unto god ? if these things had been justifiable , then yours are justifiable now ; but if condemnable then , yours condemnable now ; and so let your mouths be stopped and speak no more so proudly , nor bring no more such impertinent proofs and arguments for your deceit ; for that is enjoyed that weighes you all , and can judge all your deceit . and for barbarisme , and heathenisme , and heresie thou speaks on , which layes the lords vineyard waste , it 's brought in , and dwels among you , and the fruits are manifest in most of your steeple-houses or masse-house as witnesse your ringing of pans , candlesticks , frying-pans , throwing water , and rude behaviour , which hath been used by your church-members , as fighting , beating , punching , tearing of cloaths , haling out of your assemblies them that come in the name of the lord ; and these be the fruits of barbarous heathens , which are not brought forth anywhere but among you ; but it may be thou wilt call this civility and courtesie , and the tribute of the nation : and for heresie both in doctrine and worship , none are to be compared unto you for unsoundnesse and ignorance ; for i looke upon you as the tayle of all the people in the nation : and the vineyard of god that thou speaks on , is no where layd waste so much as among you masse-house worshippers ; for you are like bryars and thornes , scratching , rending , tearing and haling , and are as a field untilled , and as a waste howling wildernesse , that knowes not when good comes ; and that your ministers are those proud phantastick sprits that have taken upon them to preach , who denies an immediate call . neither are they approved of his church which is in god , the pillar and ground of truth ; but onely they are approved by man , and by the colledges , which were invented by the pope , where more deceit and foolish fopperies are practiced , then in any society in the nation besides ; for them that denies an immediate call , and an infallible spirit , i deny them to be any ministers of christ , and so doth the church of christ who meet in his name ; but such are your ministers , therefore we have turned from them many years ago . and the next thing that thou art offended at is , that a woman spoke in a meeting near 〈◊〉 ; what if ten had spoke , if they had spoke by the spirit of the lord , what offence had it been ? did not god promise by ioel , that he would pour forth his spirit upon his daughters , and they should prophesie ? and wouldest thou stop them ? and priscilla instructed a minister , better then any of your parish tything priests , to wit , apollo . and had not philip three daughters did prophesie ? and was there not women with clement that were fellow-labourers in the gospell ? ( and what though she that was in the transgression was to keep silence in the church ? ) doth it therefore follow that they that are come out of the transgression , are to be silent in the church ? is this good logick edward ? if christ be in the male , and in the female , may he speake in the male , but not in the female ? doth not the apostle say ; the man is not without the woman , nor the woman without the man , but both in the lord ? and if the woman be in the lord as well as the man , may not the lord speak in her ? art thou one of them that wilt limit the holy one ? what if he speake in a dumb asse , and reprove the madnesse of the prophet balaam ? and if hee should doe so now , to reprove the mad prophets that are in balaams way , loving the wages of unrighteousnesse now , as he did then ? will you reprove god ? he that reproves him shall answer it ; and he that gainsayes either son or daughter , shall perish in the gain-saying . and now i come to thy third observation . the third observation . thy eye being evill , thou canst not see when good cometh ; and thou art one of them who watcheth for iniquity , that thereby thou mayest blaspheme the name of god and his truth , which thou art out of . and as for our tenets , which thou saith thou hast named and shamed ; thou no more knows us , nor our tenets , then thou knowest from whence the winde comes , and whither it goes : for all our words are as a parable to thee , and thou knowest not what we say , although thou hast catched and snatched up some of our words brokenly to quarrell with ; yet we are hidden from thee , and a gulfe is between thee and us , that as thou canst not apprehend nor comprehend ; but first a terrible day must come upon thee , and those things which thou hast laid down to be our tenets , thou doubtest whether they be or no , manifest by thy owne words . if we say so , and if we hold so , thou had better have been certain before thou hadst shewed thy selfe too imperious and arrogant , of sham●ng them , when thou knowest not whether we hold them , as thou hast layd them downe in thy owne words , the shame at last will come upon thy selfe ; and that rash , hasty , raging spirit , by which thou utterest forth all this mudd and dirt , every one may see in this observation thy deceit manifest . and the first thing that thy darke minde stumbles at is , that some have said , that they that have the spirit of god are equall with god . he that hath the spirit of god , is in that which is equall , as god is equall , and his wayes equall ; and he that is joyned to the lord is one sprit , there is unity , and the unity stands in equality it selfe . he that is borne from above is the sonne of god , and he said , i and my father are one . and when the sonne is revealed , and speaks , the father speaks in him , and dwells in him , and he in the father . in that which is equall in equality it selfe ; there is equality in nature , though not in stature . goe learn what these things mean , the understanding and learned will know what i say , and this is neither damnable nor blasphemous ; but on the contrary , it is saving and precious to them that believe . and thou concludes , though they be glorified in heaven , yet are not equall with god . here thou blasphemes ; the son is glorified with the father in the same glory he had with him before the world began ; the glory is in purity , equality , immortality , and eternity ; but for thy proof thou bringst psal. . for who among the gods is like unto our god and again , there is none like unto thee , o lord . here thou hast gone about to prove more gods then one in heaven : were the gods glorified in heaven , which were not like the living god ? or were they in heaven , which were not like the lord ? what blasphemy is this ? they that are in heaven are like him in his image , and not like any other ; but in the world there are gods many , and lords many , but that is not in heaven : there are no gods nor lords in the world , nor in the earth , that is like the living god and living lord of heaven and earth ; and many such nonsensicall phrases hast thou uttered , and foolish impertinencies ; and thou hast scarce cited one scripture , but thou hast either misapplyed , or wrested , and perverted , being very ignorant and unlearned ; and thy masters for whom thou contendst , will never receive much honour nor credit by thy writing , or vindication of them . but to the second particular , which thou calls our tenet , is , that christ jesus is not glorified in his humane nature , and that he hath no reall body , but his mysticall body , and this thou sayest is contrary to scripture , luke . . . and acts . . john . . and in this thou sayest , we are shamed . i say thou hast shamed thy selfe , and hath cited these scriptures to no purpose at all , none of all these speaks of humane nature , or mysticall body ; but this i say , he is glorified with the father in a spirituall body , in the same glory he had with the father before the world began . and the same jesus which was of the seed of abraham according to the flesh , and the sonne of god according to the spirit , is glorified with the father , the man christ jesus , he is set downe at the right hand of god ; but if thou meane by humane , a carnall body , or the same flesh that thou hast on ; deal plainly with us , and nakedly , the next time thou or any of thy teachers writes , and prove us by scripture where the church is called his mysticall body ; or where hast thou got these new coyned words , as humane nature , and mysticall body ? correct thy pen , and let no such popish phrases come in print again , least thou shame thy selfe more , instead of shaming of us : and thou concludes , if any say here he is , or there he is on earth , believe them not . where learnedst thou this article of faith , i pray thee shew me ? is he not both in heaven and earth ? how should he restore the earth and all things into their purity , if he must not be manifest in the earth ? what , wilt thou confine him to , or in a place ? doth not his presence fill heaven and earth ? is he divided from his presence ? but may be thou wilt say as thy generation doth , that ●e is in the earth by his spirit , and in heaven in his body or person , distinct from his spirit . if so , then you divide christ , and a person without a spirit , and not christ . i will aske thee a question ; no man hath ascended up to heaven , but he that came downe from heaven , the sonne of man which is in heaven . where was the sonne of man , or the man christ when this was spoken ? if thou canst see this , thou mayst be ashamed to shut christ out of the earth , or from among his saints , where his presence , his arme , his hand and his power is , which is not divided from his body ; but i know thou art deafe , and canst not heare what i say , and thou bringst heb. . . after he had offered one sacrifice , sate downe at the right hand of god ; that is sayst thou , in his humane nature . the shame is come upon thy selfe , who have added thy owne imagination ; and let all see whether the scripture speak of humane nature ; but thy folly must be manifest to all . thy third particular that thou names , and as thou sayest shames , is , if wee say wee are without sinne , we deceive our selves . thou hadst better have enquired perfectly whether we said so or no , before thou hadst undertook to reprove upon so doubtfull termes , and thou bringst prov. . . for who can say my heart is clean . he can say so , and speaks truth , whose heart god hath cleansed by the blood of christ from all sinne : and then thou bringst job . . if i justifie my selfe , my owne mouth shall condemn me . that 's true , we justifie not our selves , neither selfe ; but denies selfe , and selfe is condemned , and christ , gods righteousnesse is become our justification . and then thou bringest paul , phil. . not as though i had already attained , but follow after , that i may apprehend . what of that , he was in his growth , and was come to that which was perfect , and did believe to attain to the stature of a perfect man . and then thou saith , i tell you , you are not perfect , your contempt of the ministers of christ , and perverting the doctrine of christ are characters of sin . that shall stand for thy selfe , and thy masters whom thou art joyned with , who sets up popish trumpery in stead of the ordinance of christ ; and sets up the precepts of men , introduced in the apostacy , for the doctrine of christ : and then thou concludes , the scripture hath concluded all under sinne , all in the first adam ; but i hope the scripture doth not conclude all under sin in the second adam : neither doth conclude him under sinne that 's borne of god , who sins not . and if thou make any such conclusion , thou gives thy verdict for the devill , and not for god : then thou saith , i am not pleading for sinne . thou art pleading for nothing else but for sinne and imperfection , in which the devils kingdome stands ; and thou saith , thou hast cause to cry out , o wretched man that i am ! so thou hast indeed ; hast thou repented of thy drunkennesse ? how long is it since thou fell off a bridge , being drunke , and broke thy leg ; but it is like , for thy good service done to thy master , in writing this lying scrole , he will give thee an absolution for that transgression . the fourth particular which thou calls our tenet , is , that we deny the scripture to be the word of god ; and thou hast brought many scriptures to prove that they are ; but they are as impertinent to the thing as thy former about the steeple-house , or masse-house . thou hast brought many scriptures , jer. . . how they are called the words of the lord , who ever denyed that ? but the word spoke the words , and the word is greater . tim. . all scripture is given by divine inspiration . i deny that , some was spoken by the devill , and some by wicked men , and i hope thou wilt not call that divine inspiration . then thou may be wilt conclude , i deny the words of paul to timothy . i deny the word is , it is an addition of the translator , which word alters and varies the true sense of that scripture ; but all scripture given by inspiration of god is profitable for doctrine , &c. but knowest thou no distinction between inspiration and tradition ? you have it by tradition , the saints by inspiration . it 's a dead letter in it selfe , and as it is spoken from your mouthes , who speak of it by tradition ; but from them that were inspired , the living spirit uttered forth living words ; but what is all this to prove the scripture or writings to be the word of god . and then thou cites cor. . . not handling the word deceitfully . what doth this prove ? nothing at all ; and all the rest that thou hast cited is nothing at all but what we have answered over and over many times , wherein all that have any understanding in the knowledge of god are satisfied : that which thou shouldst have proved by the scripture , is , where the scripture , or writings , or letter doth title it selfe the word of god . it is granted , they are the words of god , and the words of holy men inspired : so in thy owne words , i say , take thou notice , though thou art confident and presumptuous , in this thou hast shamed thy selfe , and not us . the word was before either scripture , writings , or bible was ; which word is greater , and gave them a being : and thou that wouldst set that which is brought forth by the father , above the father , art out of the apostles wisdome , speaking a similitude ; he that builds a house , receives more honour then the house . now to call the scripture the word , is to give as much honour to the house , as to him that builded it ; but in a word , this i say , what ever the scripture doth testifie of it selfe , or call it selfe , that i owne it to be : and if any man call it another thing , it shall testifie against him ; and so thou that hast gone about to set up the words which were spoken in time , above or equall with the word , that was before all time , art ignorant , and unskilfull in the knowledge of god , and silence would better become thee . ●n thy last page thou saith , how often have wee beene called upon to make known to the world what we hold , and what we would have : are you the men raised for this worke alone , to cry downe tythes , and speake against lace , ribbons , and cuffs ? is there nothing for us to do ? then this declare , that this is enough to salvatior . i say , we have declared more in the world then they do receive or believe , and we have published the will of god to the earth in many things , and shall further proceed as the spirit of the lord shall direct us : and that which we would have , is , the old dragon chayned , and the whore burnt with fire , and her merchants cease trading , and the sea dried up upon which she sits , and upon which the merchants trade , and the beast and all the false prophets , deceivers and antichrists , which have all had their rise since the ascension of christ , we would have these be all shut in the pit again ; and we would have the lamb to reigne , and the everlasting gospell to be preached again , the power of god ; and we would have the earth restor'd , and we would have everlasting righteousnesse to reigne in the hearts of people , and lawes , as at the first , and counsellors as in the beginning , who iudge not for rewards ; and ministers , such as were in the primitive times , who will preach without tythes , hire , and set wages , and without the popes maintenance . if thou canst receive these things , i will shew thee further it may be hereafter , if i heare any more from thee . and we are the men that are raysed up for the worke , to declare against pride in the ground , and also in appearance , as against lace , cuffs and ribbons ; and thou askes , if there be nothing else : hast thou denyed these , and the spirit that leads to the abuse of gods creatures ? when thou hast , i will sh●w unto thee there is something else to be done ; but if thou doe not obey that which is manifest , why wouldst thou know more to adde to thy condemnation : and we do not say , that casting off these things is all that is required to salvation , thou bids us declare if there be any thing else ; so i shall , so that thou hearken to it , and receive it , else thy condemnation shall be greater then if i had written nothing . thou must repent of all thy sinne , and turn from it , and know the judgement of god for it , and deny thy selfe in every thing , and lay downe thy life also , and take up his crosse daily , and be crucified to the world , and cease from all thy owne words , actions and thoughts , and come to taste of death before thou come to know him to live in thee to be thy salvation ; canst thou do this ? when thou witnesseth this done , then thou shalt know further what god requires ; but a terrible day will come upon thee before these things be fulfilled in thee ; though thou be more stout then thy fellowes , i know him who is able to break thy horn which thou hast exalted against the lamb of god and his followers . and for thy exhortation , not to seed on husks , take it home to thy selfe , for thou hast nothing else to feed upon ; the words of the saints at best , without the life , or else some innovated invented trumpery of the whore , of whose cup thou hast drunke , makes thee speak forth all these venomous words against the life and power of god in his people . and thou concludes , what thou hast written is as much for our conversion as refutation . both alike indeed , for thou hast done neither ; but hast conceived and brought forth winde , and spent thy time for nought . alas poor man , tellst thou of converting , who art not come out of the grosse pollutions of the world ? who art not ceased from drunkennesse ? and art pleading for masse-houses , tythes , hirelings , and popish inventions , and art offended ; we should declare against ribbons , cuffs , and lace ; what shouldst thou convert any too , except to make them two-fold more children of the devill ? and what shouldst thou refute or confute ? wilt thou say one shall not steal , and dost thou ? wilt thou say one should not be drunk , and art thou ? and wilt thou say one should forsake all sin , and yet say none must be cleansed from it , but be alwayes miserable men , and wretched men ? be first convinced in thy self and turne from thy evill deeds , before 〈…〉 more of converting or refuting any ; for 〈…〉 when all shall be set in order before thee what thou hast done , and thou shalt receive according to thy work ; and thou shalt then see this worke to be for condemnation , which thou hast published against the truth , which shall and must abide for ever ; and they that are in it , and walk in it shall be everlastingly happy , and shall reigne as kings and priests unto god for ever ; and over all deceit , and shall live to confound all the children of falshood in all their devices . the end . decimarum et oblationum tabula. = a tithing table or table of tithes and oblations, according to the kings ecclesiasticall lawes and ordinances established in the church of england: now newly reduced into a booke. contayning as well the very letter of the law vnder which these rights be seuerally comprised, together with such questions of tything, and their resolutions by the lawes canon, ciuill, and approued doctors opinions of the same, as be ordinarily moued, and which doe often proue to controuersies heerein: as also a briefe and summarie declaration of composition, transaction, custome, prescription, priuilege; and how they preuaile in tything. compiled by w.c. bach. of the civill lavv. tithes and oblations according to the lawes established in the church of england w. c., bachelor of the civil law. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) decimarum et oblationum tabula. = a tithing table or table of tithes and oblations, according to the kings ecclesiasticall lawes and ordinances established in the church of england: now newly reduced into a booke. contayning as well the very letter of the law vnder which these rights be seuerally comprised, together with such questions of tything, and their resolutions by the lawes canon, ciuill, and approued doctors opinions of the same, as be ordinarily moued, and which doe often proue to controuersies heerein: as also a briefe and summarie declaration of composition, transaction, custome, prescription, priuilege; and how they preuaile in tything. compiled by w.c. bach. of the civill lavv. tithes and oblations according to the lawes established in the church of england w. c., bachelor of the civil law. clark, william, bachelor of the civil law, attributed name. [ ] p. printed by thomas purfoot, london : an. dom. . w.c. = william clark? also erroneously attributed to william crashaw. a revision of: tithes and oblations according to the lawes established in the church of england. signatures: a-h⁴. identified as stc on umi microfilm. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of 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images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion a honi soit qvi mal y pense diev et mon droit . decimarvm et oblationvm tabvla . a tithing table . or table of tithes and oblations , according to the kings ecclesiasticall lawes and ordinances established in the church of england : now newly reduced into a booke . contayning as well the very letter of the law vnder which these rights be seuerally comprised , together with such questions of tything , and their resolutions by the lawes canon , ciuill , and approued doctors opinions of the same , as be ordinarily moued , and which dee often proue to controuersies heerin : as also a briefe and summarie declaration of composition , transaction , custome , prescription , priuilege ; and how they preuaile in tything . compiled by w.c. bach . of the civill lavv. london , printed by thomas purfoot . an. dom. . annexed herevnto svmmarily , such statute lawes of the land concerning these rights , as haue been herein authorised , and now doe remaine in their force accordingly . to the easie and plaine instructions of all the kings subiects ecclesiasticall or lay , within his maiesties dominions , interessed , whether in these rights to demand them , or bounden to performe the same . eccl. . hallow thy tythes vnto god with gladnesse : prou. . so shall thy barnes bee filled with plenteousnesse , and thy presses flow over with sweet wine . the preface . the canon and civill lawes ( christian reader ) since first k. henry of happy memory the eight , dismembred their bodies , a and restored to the diadem of the land ( over the state ecclesiasticall ) the ancient iurisdiction of the crowne , they haue and do lie hidden , such of them as k. henry then continued , and k. edward b that succeeded him , intituled in his raigne the kings , and afterwardes were the late queenes deceased , and as they bee novv tearmed , the kings ecclesiasticall lawes , ( the former statutes revived by her maiestie , c in the first yeare of her raigne ) they have , these lawes , and doe lie hidden in manifold , darke , and dangerous corners , in practise onley familiar in consistories , and their knowledge to the countries obscure : hence are the manifold vntimely customes and prescriptions that wee have : i inveigh not against them , neither custome nor prescription , that bee perfect now and in their perfect being , i would not be taken , or rather mistaken so : but they be weeds in their growing & all their ingendring time , wherein ( only ) they give place to prevention : they bee lawes of themselues ( in their ripenesse , inviolable d . if therefore some insight into these lawes , and knowledge succeeding this long obscurity , may worke another effect in the time to come , none can say vprightly now that he is , may be , or his posterity after him ( if not benefited ) damnified thereby : happily i may be charged ( in translating ) to haue damnified the lawes , i haue shadowed ( i confesse ) their first and originall grace , such beauty haue they and elegancy too , in the latine tongue : but i write to english-men ; and such as not so much affect to heare of the beauty , as they be desirous to vnderstand the benefit of their lawes : for such i haue framed this tything table , and replenished ( as my slender skill would serue ) the same , with necessary , dispersed , and scattered lawes , not hurtfull , considered as they be delivered , nor preiudiciall to the royall prerogatiue , nor repugnant to the lawes , statutes , nor customes of this land. tythes ( by sale ) be turned into chattels e , and made of spirituall , temporall things : in debate ( of the right of patronage ) in tythes , and exceeding the fourth part of the value of the church f , where great wood is demanded in the name of silva caedua g , in tythes and oblations , where there is any state of inheritance h , and where they be demanded , and be neither due nor accustomed i , the kings prohibition doth lie in all these cases and no consultation : otherwise , and without such temporall mixtures , prohibition hath no place k : but the iudge ecclesiasticall hath power to proceed , notwithstanding the kings prohibition l . conceiving them therefore ( christian reader ) as they be meant , and mentioned to be presented vnto thee , viz. as they be meerely spirituall tythes and oblations , and without any temporall mixture , thou shalt not misconstrue the author , nor deceive thy selfe . farewell . london the twenty ninth of aprill . . the readers ( ever ) in the lord , vv. c. a briefe collection of the letter and tearmes of the law , with their seuerall expositions in english ; and of all such questions of tything which be mentioned and contayned within the body of this table , whereby every tythable thing and question that is moved and answered of the same , is readily found . the first question . decima de frugibus , i. of. harvest fruites , sowne , mowne , reaped , gathered , bound or loose in heape , shocke or sheafe . when they be tithable , and such other praediall tithes , whether it be lawfull to the owner to dispose any manner of way of any part of the fruits before division be made , and the tenth part be severed from the nine parts ? if a stranger shall prescribe tithes in another parish , and there shall happen afterwards barren and wast grounds to be tilled , whether the stranger that prescribeth , or the church where the grounds doe lie , shall reape the tithes ? if one shall haue right of tyth in a wood , and that wood become afterwards arable ground , whether his right continueth in the corne ? the second question . decima de siluis caeduis , i. of woods felled ; and preserved to grow againe . decima de lignis , i. of wood not in vse , nor apt for timber , but for fyring . decima de thenitijs agrorum , i. of trees planted for fencing of grounds , in fields , pastures , and hedge-rowes . decima de turuis , i. of turues growing in fennish & moorish soiles as in the isle of ely. wood of . yeares growth and vpward , whether it bee tithable or not ? and what of lopping of timber trees ? when woods be felled and sold , who shall answer the tith ? the buyer , or the seller ? if the inheritance of a wood be sold , that is in arrerages for tyth , whom the parson may implead ? turues , amongst what tythes they be reckoned ? the third question . decima de pasturis , i. of pasture grounds . if they be fed , how the tith shall be answered ? the fourth question . decima de fenis , i. of hay . hay , of what places ? and what tyth it is ? the fift question . decima de lana , i. of wooll . whether the sheepe of sons and daughters be tithable ( or not ) with their fathers flocks wherein they do goe ? where sheepe bee remoued from one parish to another , how the tith is divided by rate and proportion of time ? if strange sheepe bee brought to another parish and there be clipped or shorn , how they be tithable there ? the sixt question . decima de agnis , i. of lambs . decima de vitulis , i. of calues . decima de porcellis , i. of pigges . decima de pullis , i. of colts . whether the parson may expect his lambe ( the next yeare following ) if the parishioners number in any one yeere amounteth not to ten ? and what , if he fayleth then ? when yeawes be remoued , and other such cattell and beasts from one parish to another , how the severall churches be interessed in the tyth of their lambs , and such other increase . of lambe , calfe , kid , colt , pigge , &c. and when is their tythable time ? the seuenth question . decima de lacte , i. of milke . decima de caseo , i. of cheese . milke and cheese how ? and when they be tythable ? if cattell feed in one parish and couch in another , how the profits be tythed ? where cheese is tythable , and the number of cattell so small that none can bee made ; how the tyth shall bee answered for their small proportion ? where milke of sheep is tythed in kind , how they be tithable ( for their pasture ) in the vvinter when they doe yeeld no such profit ? the eight question . decima de fructibus arborum , i. of fruites of trees . of apples and other such fruits of trees , what of their tythable time ? the ninth question . decima de seminibus , i. of seeds : hempe , flax , onions , rape , and such like . decima de herbis , i. of pot-hearbs . decima de curtilagijs , i. of places adioining to mansion houses , applied to seeds and hearbs . of seeds and hearbes what manner of tythes they be ? the tenth question . decima de pannagijs siluarum , i. of mast , of beech , or oke , or such like . of mast , what , when it is given ? and what , when it is sold ? the eleuenth question . decima de molendinis , i. of mils , forced by wind , water , &c. decima de vivarijs , i. of parkes , warrens , pooles , ponds , &c. decima de bestijs guarenarum , i. of wild beasts vnder custody &c. decima de columbarijs , i. of doue-cotes , or houses . decima de apibus , i. of bees . what manner of tithes they bee ? and how they be tithable ? the twelfth question . decima de aucupijs , i. of fowlings . decima de venationibus , i. of huntings . decima de piscationibus , i. of fishings . beasts , fishes , fowles , how ( diversly ) they be tythed , ( diversly ) considered . the thirteenth question . decima de cignis , i. of swannes . decima de aucis , i. of geese . of swannes , geese , ducks , and how they be considered of . the fourteenth question . decima de ouis , i. of egges . of egges , where tythes bee yeelded , whether chickens be tythable there ? the fifteenth question . decima de artificijs , i. of crafts , and manuall occupations . decima de negotiationibus , i. of trades by wares , marchandise , &c. of personall tythes , what time , place , and persons , be required in them , and of whom the church is forbidden to receiue either personall tyth , or oblation ? the first question . decima de frugibus , i. of harvest fruites , sowne , mowne , reaped , gathered , bound or loose , in heape , shocke or sheafe . when they be tithable , and such other praediall tithes , whether it be lawfull to the owner to dispose any manner of way of any part of the fruits before division be made , and the tenth part be severed from the nine parts ? if a stranger shall prescribe tithes in another parish , and there shall happen afterwards barren and wast grounds to be tilled , whether the stranger that prescribeth , or the church where the grounds doe lie , shall reape the tithes ? if one shall haue right of tyth in a wood , and that wood become afterwards arable ground , whether his right continueth in the corne ? questions of tithing , and their resolutions . the first question . parishioners out of their haruest-fruits ; specified vnder the word frugibus ( before their tythes assigned of the same ) diminish their fruits , some one way , some another : admit to godly or prophane vses : or ( as their manner hath beene ) to the satisfying therein that labourers their wages . the question is , whether this be lawfull ? it is answered , a fraud vnto the church : for this alowance ( if any such be ) not otherwise ought to be made , than forth of the nyne parts : and the reason is , decima debet solui sine diminutione , &c. tyth must be payd without any diminishing a . the parson of the rectorie of a ( iure praescriptionis ) i. by right of prescription , hath interest in and to the prediall tythes of the parish church of b , where there bee converted ( into tillage ) diuers barren , heath , and wast grounds , that neuer before yeelded any profit to the church : the question is , ( now ) of these tythes , and which of the churches shall haue them ? it is answered , that the parish church of b shall haue these tythes , because they bee decimae noualium , i. arising of such grounds that neuer were manured nor yeelded before any profit at all to the church : and the reason is , by the foundation of euery church , the tythes in generall of that and every parish , are due to their owne proper and peculiar church b . now , for as much as the church of a could neuer before be in possession of the tythes of these wast grounds , because they neuer were in being c , and that the law is , that tantum praescriptum est , quantum est possessum , & non plus , i. so much ( and no more ) in prescription , than in possession d : and again , in that prescription is not extended ad futura , i. it reacheth not vnto profits of tythable grounds to come e , summae aequitatis est , &c. i. the premisses considered , it standeth with great equity , in this case , that the church of b shold reap & perceiue these tiths f . but note , it is otherwise where one shall be in possession of the tyth of corne , or of pasture , or of wood , or of any prediall tythes whatsoeuer arising in the grounds wherein he prescribeth , howbeit afterwardes there bee planted or set or sown in the same any strange plant , seed , or hearbe , that neuer grew before in these grounds . for example : millet is sowne or saffron , where corne hath beene sowne vsually and euer before , and as the maner is , in some parts of this land to sow in their pasture grounds the hearb that is called glastum or isatis , caesar writeth of the old brittons that they vsed with this hearbe to smeare their faces , to the end to seeme terrible to their enemies in warre : we call it in english wadde or woad . againe , apples , or nuts , bee newly planted where neuer they grew before : and so ex nemoribus , i. of woods that be conuerted to arable grounds : the tythes in all these cases bee payable as before they were of the former fruites , and to whome the former fruites were tythable before , namely , to the parson or church that prescribeth , and the reason is , viz. praescriptio est realis censenda . i. terram concernens , non speciem fructuum perceptorum , i. prescription is reall , that is to say , respecting not the new or neuer tithed fruits , but the tythable grounds that bringeth them forth g : in respect whereof , that is , of the grounds , the tythes whereof forepassed , haue beene ( without discontinuance or other interruption ) continued and possessed , it is thus affirmed ( in these cases ) of prescription , viz. praesciptio extenditur ad particularitatem iuris apprehensi , sub vnico iure vt vniuersali , i. prescription is extended to euery particularity of right apprehended , as it were , vnder that particular , as generall h otherwise it should be in potestate serentis , i. in the owners power ( changing the fruits ) to prevent anothers right in the tythes of his certaine , knowne , and tythable grounds : contrary to the rule of the law , viz. id quod nostrum est sine facto nostro à nobis avelli non potest , i. that which is mine cannot ( without my fact ) be taken from me i . looke the statute de noualibus , i. of barren , heath , and waste ground , . ed. . . and looke the statute for prediall tithes , and tithable places , ed. . . the second question . decima de siluis caeduis , i. of woods felled , and preserved to grow againe . decima de lignis , i. of wood not in vse , nor apt for timber , but for fyring . decima de thenitijs agrorum , i. of trees planted for fencing of grounds , in fields , pastures , and hedge-rowes . decima de turuis , i. of turues growing in fennish & moorish soiles as in the isle of ely. wood of . years growth and vpwards , whether it bee tithable or not ? and what of lopping of timber trees ? when woods be felled and sold , who shall answer the tith ? the buyer , or the seller ? if the inheritance of a wood be sold , that is in arrerages for tyth , whom the parson may implead ? turnes , amongst what tythes they be reckoned ? the second question . of woods and wood , contayned and specified vnder the words silvis caeduis , lignis , thenitijs agrorum , some of them exceed the growth of twenty yeares , and some of them not felled within the memorie of man , peraduenture not of an hundreth or two of yeares : there groweth a question of such woods for the tythes of the same : it should seeme , the parishioner herein may plead for the one ( against the parson ) the statute of silua caedua , that exempteth wood of twenty yeares growth and vpwards , from the payment of tythes : and ( for the other ) both the statute and prescription , in that the tythes therein were neuer performed : interpreting the statute no further than the statute explaineth it selfe : it is answered by the canons alleaged , so farre forth ( with protestation ) and no further , then the statute shall permit , that wood not in vse nor apt for timber is tythable , body or bough , felled or lopped k . as for prescription , it is answered , praescriptio locum habere non potest , vbi illi cui ius competit agere non potest , cum cesset materia de qua experiatur , i. prescription hath no place , where the interessed ( in his right ) can make no demand , the matter ceasing wherevpon he should worke : for example , of wood neuer cut , the tith could neuer be demanded l . but whether the loppings or bootes of such trees the which the common lawes of the realme account timber be tythable or not , is not yet decided by that law. it is a question , when vvoods so selled bee sold , who shall answer the tythes , the buyer or the seller ? it is answered , the buyer m shall answere the tyth : and the reason is , decima sequitur fructus , & cum onere fructuum decimae transferuntur in alterum , i. tythe doth follow the fruits , and fruits bee translated into anothers right together with the burthen of tythes n . where the inheritance of a wood is sold , the tythes whereof for certaine yeares forepassed , by the seller hath been detayned and wrongfully substracted from the church , it is a question whom the parson may implead : it is holden , he may implead the one or the other at his owne choyce o , but he can recouer but of one p . but by the statutes of the land , the seller only , in this case , shall bee impleaded and sued vnto treble damages , ed. . . and not the buyer who tooke not the tyth away . de turvis , i. of turues , they be tythable , and comprehended vnder the word lignis , because they be so applyed , that is , for fyring q , and reckoned in the number and amongst prediall tythes . the third question . decima de pasturis , i. of pasture grounds . if they be fed , how the tith shall be answered ? the third question . of pasture grounds , when they be fed , it is a question how the tyth shall bee answered ? it must bee considered whose the grounds be , whether the owners of the cattell that fed them , or a strangers of another parish . in the first case , if the cattle be such that yeeld profit to the church , the tyth is satisfied in the fruits of the beasts r . in the other case , it must be considered of the stranger , whether he selleth or giueth franckly to the owner of the cattle , the pasturage of his grounds : the stranger if he sell it , is answerable for the tenth penny : the parishioner , if freely he receiueth it , is answerable for the estimation s . but note , the estimation shall not be answered , but where the grounds with beasts be fed , nullam ecclesiae vtilitatem alias , &c. i. yeelding otherwise no profit at all to the church , of which sort be horses , oxen , and such other barren beasts . in other profitable cattell , the tyth is intended ( as aforesaid ) to be answered in the fruits t . but note , that generally the occupyer of the pasture is to pay the tyth , and so is the custome . the fourth question . decima de fenis , i. of hay . hay , of what places ? and what tyth it is ? the fourth question . de fenis , i. of nay , according to the exposition of the word , the tyth is payable , viz. of the grasse withered or greene , perceiued and taken in meddow , pasture , great or small , or in other place , places , or angles ( so within the limits of the parish ) wheresoeuer u : question hath been moued of this tythe to this effect , that is to say , whether it be prediall or personall : it is answered to be prediall x : for how be it the industry and labour of the person may seeme and be alleaged more to preuaile ( as they tearm it ) in the making thereof , then the nature of the ground , yet in that it is perceiued of the ground , and gathered of and from a place certayne , in some one or other knowne , certaine , and limited parish , it is tythable as other prediall tythes be y , that is , to that parish church where the grounds doe lie , without deduction of charges . the fift question . decima de lana , i. of wooll . whether the sheepe of sons and daughters be tithable ( or not ) with their fathers flocks wherein they do goe ? where sheepe bee remoued from one parish to another , how the tith is divided by rate and proportion of time ? if strange sheepe bee brought to another parish and there be clipped or shorn , how they be tithable there ? the fift question . of profits and increase of such profitable beasts before mentioned , and specifyed in particular vnder the words lana agnis , question is moued to this effect , there be in one familie diuers persons hauing to the number of , , , , or lambs or fleeces of woll more or lesse , their sheepe be depastured and so be reputed part and parcell of the flocks wherein they walke , couch , and do feed : the question is of their tythes , whether they be tythable with the flocks , or in their seuerall parcels ? it is answered , in their seuerall parcels , and the reason is , animalia quae gregibus alienis admixta sunt , remanent eorum propria non quorum sunt greges , sed quorum sunt animalia : i. beasts intermingled with other mens flocks , doe remaine notwithstanding proper and peculiar vnto those , not whose be the flocks , but whose be the beasts z . howbeit in countries where persons such as sons , & daughters , in their fathers power , gouernement , maintenance , and finding , shall haue such beasts or cattle intended in law , and counted in bonis profectitio & aduentitio , i. accruing and growing by their fathers or friends by the mother side , by gift , procurement , or otherwise , in which beasts their fathers are interessed , in the vse and fruits , the bare property remayning to the children , the tythes of these beasts shall bee reckoned with their fathers a , and not in their seuerall parcels , and the reason is , vt ipsarum rerum quae in fructu sunt & patri adquiruntur , pater soluat decimam , &c. i. of things in increase and procured to the father , so shall the father be answerable for the tyth b , the property notwithstanding reserued to him or her to whom it belongeth , his son or daughter . but for that patria potestas , i. that legall power and prerogatiue of fathers is not in vse , neither yet profectitium nor adventitium peculium are knowne in england , the beasts of sonnes and daughters here mentioned ( in respect of their tyth ) shall not be reckoned with their fathers cattle , but as the cattle of other strangers : and what is giuen by the father to the sonne or to the daughter , is their 〈◊〉 , except the father by expresse words shall reterne the fruits of such cattle so giuen , to himselfe . where such cattle be remoued from parish to parish , and question be made what proportion of the tythes is due to each parish , the custome of the place must be obserued : otherwise the law is , viz. quaelibet ecclesia pro rata temporis portione decimas percipiet , i. euery church shall receiue it tythes by rate and proportion of time : but the question is , of what space this rate and proportion is meant ? it is answered , of xxx . dayes , and so to be rated by thirties from thirty to thirty , minori triginta dierum spatio in rata temporis minimè computando , i. under or lesse then the space of xxx . dayes not to be counted in rate and proportion of time c : for example , the parishioner hath forty sheeps which yeeld him at shearing day fourescore pounds of wooll : that church is interessed intyrely in the tyth in whose parish the whole yeere they couched and depastured : that church in the halfe , that is , in the tyth of forty pounds where the halfe years they couched and depastured : that church in twenty pounds where they couched three months and depastured : and so ratably foure months , fiue months , more or lesse accordingly : and that church in whose parish they couched and depastured but one month , that is xxx . dayes , but in the tyth of the twelfth part thereof , that is , of the whole fourescore pounds , but the tenth of sixe pounds and a halfe , and vnder thirty dayes as afore is sayd , no allowance at all d . but note , if the whole time they couch in one parish , and depasture in another , the tyth shall be diuided e . if peraduenture they come from a strange and vnknowne place to any parish to bee clipped or shorne , there the tyth must bee payd , except it may appeare the same to be satisfied to the church whence they came f . the sixt question . decima de agnis , i. of lambs . decima de vitulis , i. of calues . decima de porcellis , i. of pigges . decima de pullis , i. of colts . whether the parson may expect his lambe ( the next yeare following ) if the parishioners number in any one yeere amounteth not to ten ? and what , if he sayleth then ? when yeawes be remoued , and other such cattell and beasts from one parish to another , how the severall churches be interessed in the tyth of their lambs , and such other increase . of lambe , calfe , kid , colt , pigge , &c. and when is their tythable time ? the sixt question . for tythes in profitable beasts , the parson may expect the fall of the tenth the next yeare following , if the number in any one year amounteth not to ten , according to the text of the constitution g , viz. vel expecter rector vsque ad alium annum donec plenariè decimum agnum possit recipere , si maluerit : i. or let the parson ( if so he had rather to doe ) expect another yeare , till hee may fully receiue his tenth lambe . now it falleth out the parson vseth his liberty , and refuseth his lambe at seauen , and his halfe pence at six , and the parishioner the yeare following hath neuer a lamb at all : the question is , how the tyth shall be satisfyed : it is answered , ( in this case ) the parson hath no remedy in law , and the reason is , à principio malè eligendo fuit in culpa , ergo in hoc sibi imputetur , i. de made his choyce but ill at the first , which was his owne default , and therefore he must blame himselfe h . yet lyndwood affirmeth in this case , that in regard of the church , in respect whereof tythes ought not to be lost , and in regard of the party himselfe , the owner of the fruits , who without sinne cannot detayne by any colour the rights from the church , though the parson ( for his owne sake ) cannot relieue himselfe iure actionis , i. by right of action : yet for the churches sake officium iudicis , i. the iudge his office may be desired i . yeawes bee sometimes remooued from grounds to grounds , from parish to parish , the question is , ( in this case ) of the right of their tythes : it is thus answered by the text law k . viz. the tyth of lamb is payable in manner and forme as be the tyths of calues and colts and such other like tythable increase , mentioned to bee pigge , kid , &c. of which the law determineth thus , viz. habita ratione ad loca diuersa vbi gignuntur , oriuntur , & nutriuntur , & ad moram quam traxerint in eisdem particulariter decimentur , i. they bee tythable by rate and proportion ( particularly ) to the seuerall churches in whose parishes they were ingendred , brought forth , and nourished l : for example , the yeaw goeth fiue months with her lambe , they put them together the male and female the last of september , where they coupled they remayne one month : they bee remoued to a second parish , to a third , to fourth , and to a fift , where they be depastured seuerall months : in this case vnusquisque pro tempore suo : i. euery parson for his time m , that is ( the seuerall times and places considered ) the seuerall churches in the tythes haue seuerall rights accordingly n . and touching the question of their tythable time , it is answered thus , faetus ablactatus esse debet antequàm prestetur , i. they must be weaned , weanable , or of strength to liue without the damme o , except custome hath obserued therin a time certaine , the which where so it is , there it must be continued . looke custome the . the seuenth question . decima de lacte , i. of milke . decima de caseo , i. of cheese . milke and cheese how ? and when they be tythable ? if cattell feed in one parish and couch in another , how the profits be tythed ? where cheese is tythable , and the number of cattell so small that none can bee made ; how the tyth shall bee answered for their small proportion ? where milke of sheep is tythed in kind , how they be tithable ( for their pasture ) in the vvinter when they doe yeeld no such profit ? the seventh question . milke and cheese , viz. of kine , of sheep , or of goats , they be reckoned as in pecudum fructu , i. in the increase of such cattell p , as also be lana & faetus , i. wooll , calfe , kid , & lamb , whereof mention is made in the fift and sixt questions before : and touching question herein to be made , suppose of the milke when it is perceiued & taken , of the ix . parts thereof ( when the tenth is deducted ) there be made x. cheeses it is answered , in this case , the cheeses are not to be tythed q : for cheese is not tythable but where milke is not tythed : and so of the other : briefly , they be tythable either of them tempore suo , i. in their seasons r , and so long , and so soone , as either milke or cheese shall be perceiued and taken ( in their kinde ) by the parishioner : there can be no custome of intermission to the contrary . looke custome , the . and what the law of custome may bee in this case , followeth here the . sometime these cattell be depastured in one parish , and couch in another , in this case it may be demanded , what the law determineth of the tyth ? it is answered in the text law , viz. quod inter rectores dividatur , i. in this case the parsons shall diuide s . question also herein is moued further in law t , where such tythes be payable in kind , and the number of cattell so small as lyndwood supposeth u of some one or other parishioners , which haue but onely three , two , or peraduenture but one only cow , and those , or that to bee milked but alternis diebus , i. but eath other day , by reason whereof the parishioner can make no cheese at all : what is the churches right in this case ? it is answered in the text law x , viz. consuetudini locorum duximus relinquendum , i. the custome of the place must be obserued : prouided the custome be , that certum quid soluatur , i. that somewhat be payd in consideration and liew y for custome herein ( as in all other cases of tything ) cannot exclude solutionem decimae , i. it cannot intirely take away the payment of the tythes of such profits as arise , as may appeare in custome the . only it may limit solutionem decimae , i. custome may moderate the payment of tythes . looke custome the , hither ( by a constitution prouinciall of england ) also be referred calfe , colt , pigge and such like , that is , when their number is so small that they cannot bee tythed : it is the chapter quoniam vt audiuimus , and paragraph quid verò , which constitution lyndwood affirmeth vpon the same paragraph , that it extendeth not to wooll and lamb , but citeth there another expresse and peculiar ordinance for the same , viz. if the parishioner shall haue sixe lambes or vnder , he shall yeeld for his tyth for euery lambe a halfe-peny : if seauen lambs , he shall yeeld a lambe for his tyth , and receiue three halfe-pence : if eight , a peny : if nine , the parishioner ( only ) receiueth a halfe-peny of the parson , or the parson may expect , according to the sixt question before . et ita intelligendum est de decima lanae , i. the same ordinance and prouinciall constitution is had of wooll . it is the chapter quoniam propter , and paragraph de nutrimentis , in the title of tythes . post festum , &c , i. after the feast of s. martin in winter , sheep be eftsoones remoued from parish to parish , or else they doe continue in one and the same parish from that feast till shearing any ensuing : the question is , of their tythes ? it is answered , they be tythable thus , viz. habita ratione ad numerum ovium pascua estimentur , i. the pasture in this case must bee considered ( for want of their milke in this season ) by the head or number of the sheep that depastured in them z , and so shall the tyth bee rated and yeelded a : by rate and proportion of time ( by the month b ) as lyndwood inferreth , and as it is said of thirty daies , and by thirties and so from thirty to thirty , as in the first question before of wooll . the eight question . decima de fructibus arborum , i. of fruites of trees . of apples and other such fruits of trees , what of their tythable time ? the eight question . fruits of trees , viz. apples , pears , wardens , &c. the question is of their tythable time : it is answeswered , statim fructibus collectis , i. so ●oa●e and immediatly when the fruites shall be gathered c , and the reason is , quià minùs soluit , qui tardiùs so luit , i. hee diminisheth his duty that delayeth the time d : if therefore the parishioner shall gather his fruits , and neither pay the tythes presently , nor monish the parson to receiue them , but subtract them , or that ( otherwise ) they bee impayred or lost , tenebitur , saith the law ; that is , the parishioner is bounden e : to what satisfaction looke the statute . ed. . . for fruits be tythable , and prediall f . the ninth question . decima de seminibus , i. of seeds : hempe , flax , onions , rape , and such like . decima de herbis , i. of pot-hearbs . decima de curtilagijs , i. of places adioining to mansion houses , applied to seeds and hearbs . of seeds and hearbes what manner of tythes they be ? the nynth question . seeds and hearbs , viz. of flaxe , millet , hempe , leeke , onion , rape , percely , sage , mint , rue , &c. comprehended vnder the works seminibus , herbis , curtilagijs , they be tythable g , as they be perceiued and taken in gardens , or in the fields , either of the seed , or of the hearb before the seeding time h , nisi parochiani competentem fecerint redemptionem , i. except the parishioners sufficiently shall redeeme or compound for the same i : these be minutae decimae , i. smal tiths according to the euangelist k , vz. ye tyth mint and rue , &c. and therefore in them no great question to be made . the tenth question . decima de pannagijs siluarum , i. of mast , of beech , or oke , or such like . of mast , what , when it is given ? and what , when it is sold ? the tenth question . by the chapter sancta ecclesia , in the prouinciall constitutions of england , and tytle of tythes , the tyth of mast and other such wood and wild fruits , be payable , viz. si vendantur , i. if they bee sold l : that is , ( as the glosse inferreth ) of the tenth peny , if they bee sold ; otherwise , that is , if swine franckely and freely receiued and fed , without consideration of charges to the owner , in this case , transeunt fructus cum onere , i. the fruits do passe with their charges m , viz. with the burthen of tythes . the eleuenth question . decima de molendinis , i. of mils , forced by wind , water , &c. decima de vivarijs , i. of parkes , warrens , pooles , ponds , &c. decima de bestijs guarenarum , i. of wild beasts vnder custody &c. decima de columbarijs , i. of doue-cotes , or houses . decima de apibus , i. of bees . what manner of tithes they bee ? and how they be tithable ? the eleventh question . question hath beene moued of the tyths of mils , parks , ponds , warrens , doue-houses , and bees , to this effect , viz. whether they bee prediall , or personall ? it is answered , they bee prediall , and tythable without deduction of charges n , for the reason alleaged in the fourth question before . and they bee tythable thus ; that is to say , not the tenth of the rent for milles ( as they tearme it ) the tenth peny , nor for bees , the tenth bee , or swarme , or diue , but de prouentibus molendinorum , i. the tenth measure of corne for billes o , and so for bees , the tenth measure of hony , the tenth waight of waxe , briefly , de cera & melle , i. of honie , and ware p . and the law and reason is of these tyths , especially of milles , as of other prediall tythes , whereof ( for example ) it is sayd , transit herba pasta cum onere suo ad dominum bestiarum , i. where grounds or pastures be demised , or their herbages sold , the owner of the beasts is chargeable with the tyth q . especially for the practise of england , looke what is sayd in the third question before . hither be referred parks , ponds , douehouses , &c. for fructus transit cum onere suo , i. fruits be lyable to their charges . look in the second question before , . the twelfth question . decima de aucupijs , i. of fowlings . decima de venationibus , i. of huntings . decima de piscationibus , i. of fishings . beasts , fishes , fowles , how ( diversly ) they be tythed , ( diversly ) considered . the twelfth question . the profits that be mentioned and contained vnder the words aucupiis , venationibus , piscationibus , i. of fowlings , huntings , fishings , question hath been moued of the tythes of the same , viz. the parishioners of a. one of them fowleth , another hunteth , the third fisheth , in the fields , grounds , and riuers of b , the question is of the tythes , of their aduantages taken , and which of the churches bee interessed in the same , vz. whether the church of a , where the parishioners inhabite , or the church of b , where the profits were taken : ' it is thus answered , vz. if the parishioner had of the owners of the places francke and free liberty to fowle , hunt , and fish , the church of a. that is , their owne parish church shall bee intirely interessed in them , as in personall tythes r : but if any consideration be required , either in money or in part of their gayne , that profit onely receiued by the owner , is prediall and tythable to the church of b. that is to say , in that parish where the fields , grounds , and riuers do lye s . de caeteris verò , i. of the residue , that is to say , of the cleere gayne of these beasts , fishes , and fowles , all charges and expences , in , about , belonging , and concerning these profits taken , deducted t , the parishioners that tooke them be chargeable withall to their parish church of a u , mentioned before : and the reason is , the fowles , beasts , and fishes be taken artificio , ministerio , & opere hominis , i. by the art onely , labour , and industry of man , from whence proceedeth personall tythes x , payable onely where the parishioners inhabit .. y but if the consideration mentioned here , required and taken by the owners , commeth not by art , or industry , but ex humo , i. by way only , and meanes of the ground z , from whence do arise all prediall tythes a : payable only in the place and parishes within whose bounds and limits they are b . thus they bee diuers , these tythes , diuersly respected , that is to say , prediall or personall ; note the difference . note also , that where such tythes bee demanded , it is where such art , industry , and trauell is answered and rewarded , not with pleasure c , but with profit d . question hath further been mooued of these profits and advantages aforesayd , to this effect : viz. the parishioners mentioned of n , had franke and free leaue and liberty to hunt , fish , and fowle within the fields , grounds , medowes , riuers , and running streames of b mentioned before : they tooke , preserued , and reserued aliue their beasts , fowles , and fishes , and so they conuaide them to certain their owne proper and priuate grounds , within the bounds , compasse , and limits of another parish , than either of n where they dwell , or of b where they tooke them : they include them ( there ) these beasts , fowles , and fishes , and compasse them within parks , warrens , ponds , pooles , houses , such as bee mentioned & comprehended vnder the words vivarijs , columbarijs , in the eleuenth question before . thus they feed and nourish them , and they breed , and increase in their kinds : if they be brought forth and so be taken in and from a certaine and knowne place , they be prediall and tythable as prediall tythes : if from incertaine places , they be personall , and so they be tythable , viz. as personall tythes l . it is affirmed of them , as of beasts , fowles , fishes m , in the question last before . hither by the chapter sancta ecclesia , in the prouincials of england , be referred geese and ducks . the fourteenth question . decima de ouis , i. of egges . of egges , where tythes bee yeelded , whether chickens be tythable there ? the fourteenth question . de ovis , i. of egges , it hath been moued whether they bee tythable in such places where tyths be yeelded of chickens ? by the written law it may be answered , as of milke & cheese in the seuenth question before , the . howbeit custome in this case preuaileth , as experience sheweth in some parts of this land n . the fifteenth question . decima de artificijs , i. of crafts , and manuall occupations . decima de negotiationibus , i. of trades by wares , marchandise , &c. of personall tythes , what time , place , and persons , be required in them , and of whom the church is forbidden to receiue either personall tyth , or oblation ? the fifteenth question . trades , crafts , and manuall occupations , they be personall , and of the profits do arise meere personall tythes : touching therfore first their tythable place , it is answered in the twelfe question before . of their tythable time , it is answered in fine anni , i. they bee payable at the end of the yeare o , and as our custome is , at easter . of persons that be chargable with these personall tythes , it is answered of such persons , which of custome haue , or of right ought to haue payde their personall tythes p . looke the summaries of the statutes ensuing . there are of these personall tythes ( in diuers cases ) opinionum conflictus , i. diuersities of opinions q : but herein they agree , viz. hae decimae personales , magis in difficultate , & subtilitate , quàm vtilitate consistunt , i. they are , these personall tythes , more intricate then profitable r : onely this ( to conclude ) must bee noted , that is to say , all persons ( consideration had as afore is sayd ) be bounden to offer their personall tythes to the church , but the church is forbidden ( of all persons ) to receiue them s : for example , the harlot , the robber , the usurer , &c. they be not exempted , but the law reiecteth them , their personall tythes , and oblations : non inferus mercedem meretricis , &c. i. thou shalt not bring the hire of an whore , nor the price of a dog into the house of the lord . and for the other , quaestus fit ex peccato , i. their gaine ariseth of sinne : the church is therefore forbidden to receiue of them , nè ipsorum videatur approbare turpitudinem , i. least the church should seeme to approue t their iniquities u . heere doe end the questions of tything , moved ( in times past ) and answered : and which be new vrged ( ordinarily ) and decided at this day . of composition , transaction , custome , prescription , priuilege : and how they prevaile in tything . ¶ of composition . composition ( by the canon laws ) holdeth or faileth diuersly respected : and it is first to be considered of as it hath beene made and had inter clericos , i. betwixt clerks themselues ; and then it hath tended either transferendis decimis , i. to the translating of tythes from one church to another : vt quae vni ecclesiae decimae debentur , alia recipiat , i. that one church receiue tyths which be due to another . and the composition herein holdeth a , and the reason is , non refert quae ecclesia decimas habeat , modo ecclesiae persoluantur , i. it forceth not of tythes ( so the church enioieth them ) what church receiueth them b . howbeit , the nature and kind of the tythes thus translated , must bee considered , namely , whether they be personall or prediall tythes ; if they be personall , the composition that translated them holdeth not , and the reason is , ne occasio tribuatur avagandi & diuina extrà parochiam audiendi , i. least occasion should be giuen to the people of wandring , and hearing of diuine seruice from their owne parish churches c . if they be prediall , the composition holdeth , inita cum authoritate episcopi , i. the authority and approbation of the bishop of the diocesse thereunto had ; which composition shall bind both the clerk & his successors d : otherwise without the bishops confirmation , it shall not onely bind the clerks that yeelded therewith , and not touch his successors at all e . or the composition hath tended remittendis decimis , i. to the remitting of tithes , vt tota decima clerico remittatur , namely , that to a clerke tyths should be intirely remitted , this composition holdeth not f , and the reason is , decima omnino tolli non potest , i. tyth may not wholly be taken away g . secondly , composition must be considered , as it hath been sayd inter laicos , & rectorem , i. betwixt lay-men and clerks , which composition also must be respected thus , namely , whether it be de praeteritis decimis , i. of tythes forepassed , or de futuris decimis , i. of tythes to come . in the first case , this composition also holdeth , yea though it be gratuita , i. without consideration or allowance at all h : in the second case if the composition be , vt aliquas decimas non soluant , i. that tythes bee not payd at all , non est admittenda , i. not to be admitted i . if the composition be , vt integra decima non soluatur , i. that tyth bee not wholly payd , but in part , it holdeth : howbeit not otherwise but confirmed by authority supreame : for the bishops confirmation herein sufficeth not , for none could exempt from tything , nor diminish the quantity of the same , but the supreame power k , as it followeth in priuilege . of transaction . transaction and composition doe differ in this , the one is gratuita conuentio , i. a voluntary , franke and free agreement of things not contended for , which is said to be composition : the other , de re dubia & lite incerta ( aliquo dato vel retento ) pactio , i. a forced couenant or agreement ( for somewhat giuen or receiued ) of things litigious , incertayne , and doubtfull in controuersie l . it must be considered of transaction , as before it hath been sayd of composition betwixt lay-men and clerks . looke composition . transaction ( if it be of tythes forepassed ) holdeth ; yea though the consideration had , be of things meere temporall : and the reason is fructus decimarum sunt temporales , i. the profit and fruits of tyths be reputed temporall m . transaction , if it bee of tythes to come , must be respected according to the time and terme it is made sin , namely , whether it be made in tempus modicum , i. for a short and limited time , or in perpetuum , i. ( without limitation ) for euer . in the first case it holdeth with the bishops approbation and authority n in the other case it holdeth also if the right and interest of the church be doubtfull , as where the parishioner pleadeth against the church , exemption or priuilege . but where the right of the church is liquidum , i. where the churches right is cleere , transaction holdeth not , otherwise than by consent and authority supreame o . transaction is often taken for composition , and one for another p . of custome . custome by the canon lawes holdeth or fayleth , diuersly respected : if it be de transferendis decimis predialibus , i. of translating of tyths prediall ( as afore hath been spoken in composition ) it holdeth q . if of personall tythes , as also before hath been sayd in composition , it holdeth not r . custome de non soluendis decimis , i. of not yeelding of tythes at all , holdeth not , and the reason is : iuri naturae & divino contraria est , i. such a custome is contrary both to the law of nature , and the law of god s . custome de minori quantitate solvenda , i. of yeelding lesse than the tenth in quantity , holdeth in personalibus , i. in personall tiths only after the opinions of some t , but of others in prediall also u ; and practise also sheweth the same . custome de loco , i. of place where tythes ought to be left , holdeth x . custome de tempore , i. of the time of tythes to be yeelded , holdeth y . custome de modo , i. of the manner and forme of yeelding of tythes , holdeth z . tyth what it is , and of how many sorts . tyth of the latine decima , is a tenth part or portion of increase , commanded vnto moses by whom it was delivered ( at the appointment of god ) to bee payd to the sonnes of leui , for their ministerie wherein they serued in the tabernacle a : in law defined thus ; viz. omnium bororum licitè quaesitorum quota pars deo , diuina constitutione debita , i. of all lawfull increase and gaine a certaine part ( by constitution divine ) due , and appertayning to god b . and they be either prediall , as that which doth arise and grow by reason and vertue of the grounds , viz. fruits , and increase of beasts , fishes , fowles c , &c. or they be personall , as that which ariseth by reason and vertue of lawfull and honest commoditie , so recovered & procured by art , science , or manuall occupation of some person d . it is also to be noted , that tiths , some of them comprehended vnder these titles , prediall and personall , be called by the name of mixt tythes ; of which sort be such as do rise and grow partly by the grounds e , and partly by the care , keeping , labour and industry of some person f ; as of cattell subiect to the fox , woolfe , and such devouring beasts , supposed to be partly of the grounds where they be bred and fed g , even as a tree is supposed to be also partly of that place where the roots do grow , by the which it is nourished h : so they be maintained by the grounds , but defended by the shepheards . looke more of mixt tythes in the twelfe question . some of by the name of greater tythes , in latine maiores siue grossae decimae ( as we tearme them ) great tythes : such be of corne and pulse i . some of them be tearmed minores or minutae decimae ( in our common speech ) small tithes , such be seeds , hearbs , egges k , &c. mentioned in the ninth & foureteenth questions , . ( * ⁎ * ) of prescription . prescription is not much differing from custome , as before is specified of transaction and composition : but the one oftentimes is taken for the other a . howbeit herein they differ , consuetudo propriè dicitur quando ius acquiritur in communi & publico , i. it is properly sayd to be custome where a right to many is procured in common and publike . praescriptio verò quando priuato , i. prescription when priuately to one b . of privilege . priuilege or exemption is deriued from authority supreame , by the which ex iusta causa , i. vpon cause and good consideration , sometimes the persons themselues , as the order called cistercienses , and other religious persons were priuileged and exempted from tythes c ; somtimes the places , as grounds belonging to religious persons d . for example , monasteries , priories , nunries , colledges , &c. or other ecclesiasticall houses , &c. or any manors , mesuages , parsonages appropriat , &c. or other hereditaments which belonged vnto the sayd monasteries , priories , &c. which were discharged of and for the payment of tythes , being in the hands of abbots , priors , or other ecclesiasticall gouernors . concerning these possessions in religious persons , there hath beene fiue seuerall times obserued c : but leauing those times i referre the readers only to the statute viz. these monasteries , &c. and euery person and persons , their heires and assignes , hauing &c. shall be according to their estates and titles discharged of payment of tyths , in as ample maner as any of the said abbots , &c. at the daies of their dissolution . . h. . . * ⁎ * summaries of the statutes of tything . every of the kings subiects shall truly and iustly without fraud or guile divide , set out , yeeld & pay all maner of their praediall tythes , in their proper kind , as they rise and happen in such manner and forme as hath been of right yeelded & paid within xl . years before the making of this act ( being . novem. an. ) or of right or custome ought to haue been payd . and no person shall take or carry away any such or like tythes , &c. before he hath iustly set forth for the tyth thereof the tenth part of the same , or otherwise agreed for the same tythes with the parson , &c. vnder the paine of forfeiture of treble value of the tythes so taken or carryed away . . ed. . . at all times whensoeuer the sayd praediall tyths shall be due at the tything time of the same , it shall be lawfull to every party to whome any of them ought to be payd , or his deputy or seruant to see their said tyth to be truly set forth , and severed from the nine parts , and the same quietly to take and carry away , . ed. . . if any person carry away his corne or hay , or his other praediall tyths , before tyth therof be set forth , or willingly withdraw his tyths of the same , or of such other things wherof praedial tiths ought to be payd , or doe stop or let the parson , vicar , &c. or other their deputies , to view , take and carry away their tythes , by reason whereof their sayd tyth or tenth is lost or hurt : then vpon due proofe thereof , &c. the party so carrying away , &c. shall pay the double value of the tenth , &c. besides the costs , charges , and expenses of the suit in the same , &c. to be recovered before the ecclesiasticall iudge , according to the kings ecclesiasticall lawes . . ed. . . every person which shall haue any beasts or other cattell tythable , going or feeding in any wast or common ground , whereof the parish is not certaynly knowne , shall pay his tithes for the increase of the sayd cattell , to the parson , vicar , &c. of the parish , hamlet , towne , or other place where the owner of the said cattell dwelleth . . ed. . . all such barren heath and wast ground , &c. which before this time hath been barren and paid no tythes , by reason of such barrennes , and shall be improued and converted into arable ground or medow , shal after the end of . years next after such improuement , pay tyth for the corne and hay growing vpon the same . but if such barren , &c. hath before , &c. been charged with the payment of any tythes , and the same be after improved & converted into arable ground or medow , then the owner therof shal , during . years next following , from & after the same improuement , pay such kynd of tyth as was payd for the same before the same improuement . . ed. . . great wood of the age of . yeares or of greater age sold to marchants to their owne profit , or in ayd of the king in his warres , is not tythable nor comprehended vnder this word silua caedua . . ed. . . every person exercising marchandise , bargayning and selling , &c. or other art or faculty , being such kind of persons and in such places as heretofore within these forty yeares haue accustomably vsed to pay such personall tythes , or of right ought to pay ( other than such as be common day-labourers ) shall yearely , &c. pay for his personall tyths , the tenth part of his cleare gaynes , his charges and expences , &c. deducted . but in all such places where handicrafts men haue vsed to pay their tyths , &c. the same custome of payment of tyths shall be observed and contynued . . ed. . . every person which ought to pay offrings , shall ( yearly ) truly pay them to the parson , vicar , &c. at such foure offring dayes , &c. as haue been accustomed for the payment of the same , and in default therof to pay for the sayd offrings at easter then next following . . ed. . . no tyths of mariage goods shall be required of any person within wales , or the marches therof . neither shall any person bee compelled to pay tyth for the lands or hereditaments , which by the lawes and statutes of this realme , or by any privilege , or prescription , are not chargeable with the payment thereof : or that be discharged by composition reall . . ed. . . if any person after sentence difinitiue giuen against him , obstinately refuse to pay his tythes , or shall otherwise contemne and disobey the processe and decrees of the ecclesiasticall courts , &c. then vpon information giuen , &c. the same party shall be committed to ward , &c. . h. . . looke the statute in all . if any of the parties doe appeale , &c. then the iudge forthwith shall adiudge to the other party the reasonable costs of his suit therein before expended , and take surety of the other party , &c. to what effect , see the statute in all . . h. . . if any party , &c. do sue for any prohibition , &c. vnder the copy of the libell shall be written the suggestion , wherfore the party so demandeth the the sayd prohibition : & in case the sayd suggestion by two honest and sufficient witnesses at the lest , be not proved true in the court wher the said prohibition shall be so granted , within . months next following , &c. then the party that 's hindred of his suit in the ecclesiasticall court by such prohibition , &c. shal haue a consultation granted , &c. and shall also recouer double costs & damages . . ed. . . and the iudges before whom the cause was first brought in question , shall proceed notwithstanding the kings prohibition . . ed. . these be summarily ( christian reader ) the spirituall and statute lawes of the land for tything : such as bee exercised now vnder the happy government of our king , the life both of them and vs : this is the worke , take it in good part : the title but begun , may better be satisfied hereafter . london , printed by thomas purfoot . an. dom. . notes, typically marginal, from the original text notes for div a -e a . he. . b . ed. . . c . elizab. ● d glo. & dd in c. vigilanti de praescrip . e art. cler . . ed. . . f . ed. . . . ed. . . de coniunctim feosatis . g . ed. . . h . hen. . . i . ed. . circ . agat . k fitz. de natura brevium , fol. . de consultatione . l . ed. . circumspectè agatis . . ed. . notes for div a -e a c. cum homines de decim . glo. c. erroris damnabilis . const. prou . ang. de dec . ver . errore calculi . b c. cum contingat . vbi glo . & dd. eod . c l. sine possessione . ff . de vsucap . d l. quod meo . §. fi . ff . de acquir . posses . cap. auditis de praescript . e pan in vlt. notabili . in d. c. cum contingat . f host. io. and in d. c. cum contingat . g ancha . in c. cum in tuade deci . & ant. but. in d. c. cum in tua●●d . h ant. but. in c. praeal . i ff . de reg . 〈◊〉 . k c. quanquàm . prouin . ang . eo . vbi . elo . in ver . excisis . l gloss. cap. sancta ecclesia . prouin . ang . eo . ver . arborum . ad hoc l. arbotibus ff . de vsusr . m ext. de decim . c. pastoralis . n c. praeal . cod . o pet. de ancha . & dd. e. cum homines eod . p ar. nd hoc de re iud . c. bona fide . li. . glo. prouin . ang. de decim . ver . asportant . q ff . deleg . . l. ligni § lignorum verb. quid mirum . r inno ext . de decim . c. commissum . s c. preal eod . t iuxt . notae , per inno. vt sup . glo . ver . diuidenda . prou . an . co . u prou. ang . c. quoniam propter § volumus . x ancha . cap. peruenit . eod . y ad hoc c. pastoralis . ext eod . z c. . cle. e. a arg. ad hoc ff . per quas personas nobis § . b glou. prou . ang . de dec . ver . decima lanae . c text. prouin . ang . ca. quoniam vt audivimus . eodem . d d. c. ver. sed si oves . e § si vero . const . preal . f § & si oves const . ead . g text prouin . ang . ca. quoniam propter de decim . h arg. ad . hoc inst . quod cum eo qui in alt . pot . § caeterum autem . & glo . const . prou . praeal . verb. possit recipere . i c. verb. const . praeal . k c. quoniam vt audivimus . const . prouin . ang . § agni . eod . l ca. & § prae . m glo. c. & § praeal . verb. particulariter n c. & § prae . o rebuff . eo . q. . nu . . inno. host. & alij in ea . cum homines . eod . p ff . de vsufr. l. in pecudum . inst . de re . di . § in pecudum . q de reg . iur . in . r c. quoniam propter prae . de decim . s c. quoniam vt audivimus . praeal . § decima . t c. quoniam propter . pre . § quid verò . u in cap. & § praeal . verb. modicitatem . x c. § praeal . in fin . y ext . e. ti . c. in aliquibus . z c. quoniam vt audivimus . praeal . § quod si prou . ang . e. a c. § prae . c. b gloss. c. § praeal . verb. estimentur . c c. cum homines , eod . d l. si cui in fine . ff . de verb. sig . e c. cum homines prae . eod . text . f e. . c. ad apostolice . c. peruenit eod . g c. quoniam propter prae . prou . ang . e. h concor . ext . eo . c. ex parte canonicorum . i c. quoniam propter prae . k lu. . ho. c. ex multiplici . eo . l c. sancta ecclesia pre . m glo . in d. c. verb. si ven . dantur . vbi ad hoc ext . eo . c. pastoralis , & inno ext . c. commissum . e. n dd. in cap. pastoralis , & alijs ca. eod . o c. quoniam propter , pre . § de proventibus . & ibi glo . verb. intigrè . p host. & alij . c. nuntios . c. q ad hec . ff . de vsufr. l. vsufructu legato . & l. item si fundi . r inno. in ea . non est , eod . & ibi host. verb. de venatione . s inno. in & host. cap & verb. praeal . t dd. praeal . in ca. pastoralis , eod . u dd. in d. c. non est . ibi idem not per dd. prae . in decimis avium & ferarum gloss . in pre . c. quoniam propter § de piscationibus prouin . ang . eod . verb. debito modo . x c. ad apostolicae . eod . y c. quaesti . . q. . z inno. host. in c. non est praeal . eod . verb. de venatione . a c. . c. ad apostolice . c. peruenit . prae . eod . b cap fin . de parochijs . c rebuff . eo . q. . nu . . d ancha . in praeal . c. non est . eo . col . . l gloss. in c. sancta ecclesia prae . § . ver cignorum m dd. ext c. tit . c. non est . n gloss. in d. c. sancta ecclesia . cap. quoniam vt audivimus ver . pulli . o gloss. in c. reuertimini . verb. annus p . ed. . . q rebuff . q. . nu . . & ibi . cit . but. in . c. parochianos . in fin . eod . r host. in ca. pastoralis in fin . eod . & . de tur . cre . in c. reuertimini proeal . nu . . ver . ad septimum . . q. . s host. in . ca. ex transmissa . eod . arg . ca. oblationes . . dist . deut. . t c. miror . . q. . u c. si tantum . q. . hec rebuff . q. . nu . . & . notes for div a -e a c. . d. trans . c. dilecti . eo . b c. . eod . c c. . sup . ti . . rebuff . in q. . nu . . de decim . d c. . &c. veniens , de trans e c. veniens . . praeal . f rebuff . q. . nu . . de decim . g q. nu . prae . rebuff . h c. super . de reb . eccle . non alien . i rebuff . q. praeal . k text. in ca. venerabilis de confes . & ibi pan. l r. ff . de trans . c. e. c. super eo . m c. vestra . de loca . n arg. c. . & . sup . de hijs quae f●●nt à capit . o not. ca. à nobis , eod . pan. c. statnimus de trans . p c. veniens . e. q c. cum sint homines . &c. ad apostolice . eod . r c. praeal . s dd. in c. fi . de consuetud . t c. in aliquibus . & ibi inno pan & alij . eod . u rebuff . q. . nu . . . x host. in sum § fin . eod . y dd. in c. ad apostolice praeal . z rebuff . q. . praeal . nu . . . . notes for div a -e a nu. c. . b card. confi● . pro evidentia c. tua c. fin . eod . c c. pervenit . praeal . eo . c. non est . . c. d c. ad apostolice . prae . e ca. commissum praeal . f c. apostolice . c. pastoralis . eod . g l. cum quidam ff . de fun . instruct . h l. si plures . in fin . ff . arb . furt . caes . i c. ex multiplici de dec . k glo. & dd. in c. cum ex 〈◊〉 &c. ex multiplici . praeal . eod . a dom. ca. . col . vlt. de preb . in . barb . consil . . sapienter . col . . in . vol. b pan. in ca. cum ecclesia . col . . nu . . de caus . pos . c c. a nobis de decim . d c. ex parte eod . c rebuff . q. . nu . . . . . . double value of the tenth , beside costs . wast ground not certainly known of what parish . wast ground improued that neuer payd tith . silva caedua . personall tithes . offrings : wales . obstinacie . contempt . appeales . prohibition . consultation . a gospel plea (interwoven with a rational and legal) for the lawfulnes & continuance of the ancient setled maintenance and tenthes of the ministers of the gospel: proving, that there is a just, competent, comfortable maintenance due to all lawfull painfull preachers and ministers of the gospel, by divine right, institution, and expresse texts and precepts of the gospel: that glebes and tithes are such a maintenance, & due to ministers by divine right, law and gospel: that if subtracted or detained, they may lawfully be inforced by coercive laws and penalties: that tithes are no reall burden nor grievance to the people; the abolishing them, no ease or benefit to farmers, husband-men, or poor people, but a prejudice and losse. that the present opposition against tithes, proceeds not from any reall grounds of conscience, but base covetousnesse, carnall policy, &c. and a jesuiticall and anabaptisticall designe, to subvert and ruin our ministers, church, religion. with a satisfactory answer to all cavils and materiall objections to the contrary. by william prynne of swainswick, esq; prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p thomason e _ estc r estc r this keyboarded and encoded 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a gospel plea (interwoven with a rational and legal) for the lawfulnes & continuance of the ancient setled maintenance and tenthes of the ministers of the gospel: proving, that there is a just, competent, comfortable maintenance due to all lawfull painfull preachers and ministers of the gospel, by divine right, institution, and expresse texts and precepts of the gospel: that glebes and tithes are such a maintenance, & due to ministers by divine right, law and gospel: that if subtracted or detained, they may lawfully be inforced by coercive laws and penalties: that tithes are no reall burden nor grievance to the people; the abolishing them, no ease or benefit to farmers, husband-men, or poor people, but a prejudice and losse. that the present opposition against tithes, proceeds not from any reall grounds of conscience, but base covetousnesse, carnall policy, &c. and a jesuiticall and anabaptisticall designe, to subvert and ruin our ministers, church, religion. with a satisfactory answer to all cavils and materiall objections to the contrary. by william prynne of swainswick, esq; prynne, william, - . [ ], , [ ] p. printed by e. cotes for michael sparke, and are to be sold at the blue bible in green arbor, london, : . includes a bibliography of prynne's works. a second part was published in . annotation on thomason copy: "sept. ye ". reproduction of the original in the british library. with: christi servus etiam in summa captivitate liber, anno . Ætatis . london : printed for m.s., . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- clergy -- salaries, etc. -- early works to . tithes -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a gospel plea ( interwoven with a rational and legal ) for the lawfulnes & continuance of the ancient setled maintenance and tenthes of the ministers of the gospel : proving , that there is a just , competent , comfortable maintenance due to all lawfull painfull preachers and ministers of the gospel , by divine right , institution , and expresse texts and precepts of the gospel : that glebes and tithes are such a maintenance , & due to ministers by divine right , law and gospel : that if substracted or detained , they may lawfully be inforced by coercive laws and penalties : that tithes are no reall burden nor grievance to the people ; the abolishing them , no ease or benefit to farmers , husband-men , or poor people , but a prejudice and losse . that the present opposition against tithes , proceeds not from any reall grounds of conscience , but base covetousnesse , carnall policy , &c. and a jesuiticall and anabaptisticall designe , to subvert and ruin our ministers , church , religion . with a satisfactory answer to all cavils and materiall objections to the contrary . by william prynne of swainswick , esq mal. . , . will a man rob god ? yet ye have robbed me : but ye say , wherein have we robbed thee ? in tithes and offerings . ye are cursed with a curse , for ye have robbed me , even this whole nation . mat. . . render therefore to caesar the things that are caesars , and unto god the things that are his . aug . serm. . si tu illam decimam non dederis , dabis impio militi ▪ quod non vis dar deo & sacerdoti : hoc tollit fiscus , quod non accepit christus . london , printed by e. cotes for michael sparke , and are to be sold at the blue bible in green arbor , . christi servus etiam in summa captivitate liber , anno . aetatis . portrait of william prynne all flesh is grass , the best men vanity ; this , but a shadow , here before thine eye , of him , whose wondrous changes clearly show , that god , not men , swayes all things here below . the places and times of his first imprisonments under his professed enemies the prelates . . the tower of london , to which he was committed for his histriomastix , februa . . . it being licensed . ii. the fleet , when his first sentence for his histriomastix was executed , may , . . iii. the tower of london , to which he was committed from the fleet , june , . . iv. carnarvan castle in northwales to which by his second sentence he was sent close prisoner from the tower , august , . . v. mount orguel castle in the isle of jersy , where he was close imprisoned , when removed from carnarvan , januar. . . whence he was sent for and enlarged by the parliament , novemb. . . the places and times of his second imprisonments under false brethren and pretended friends . i. hell in westminster by the army officers , for speaking his conscience and discharging his duty in parliament , decemb. . . ii. the swan in the strand by the same officers , for the same cause , decemb. . . iii. the kings-head in the strand by the same power , for the same cause , janua . . . iv. dunster castle in summersetshire , where he was close prisoner by a whitehall warrant under mr. ●●adshaw's hand , expressing no particular cause , july , . . v. taunton castle and the lambe taverne in taunton , when removed from taunton by no particular warrant , janua . . . vi. pendennis castle in cornewall , where he remained close prisoner by a whitehall warrant under mr. bradshaw's hand , mentioning no cause but tauntons unfitnesse to restrain him in , july , . . cor. . . to . in labours more aboundant , in prisons more freqvent , in deaths oft , in journying often , in perils of waters , in perils of robbers , in perils by mine own countrymen , in perils in the city , in perils in the sea , in perils among false brethren : in wearinesse and painfulnesse , in watchings often , in cold and nakednesse . loe here the shade , but not heroick minde , and publick soul of him , who most unkinde , vnjust restraints , bonds , pressures hath sustain'd from foes and friends ; because he still maintain'd religion , truth , lawes , freedome , justice , right , his countries common good , with his whole might , in all ill times ; and ne're would once combine with lawlesse grandees , these to undermine . tim . . , , . but thou hast fully known my doctrine , manner of life , purpose , faith , long-suffering , charity , patience , persecutions , afflictions , which came unto me at antioch , at iconium , at lystra , what persecutions i endured : but out of them all the lord delivered me ; yea , and all that will live godly in christ jesus shall suffer persecution . london printed for m. s. . to my most high , mighty , great , dreadfull , omnipotent , omnipresent , omniscient , righteous , true , faithfull , all-gracious , all-sufficient , everliving , everlasting , immutable , covenant-keeping lord god ; the god of my life , health , strength , mercy , preservation , consolation , supportation , salvation , deliverance , praise . a o god the saviour of israel , ( of england too , anciently styled b regnum dei , gods kingdome ) thou art god alone , and there is none else . c whom have i in heaven but thee ▪ and there is none upon earth , that i desire besides thee . d in thee alone i live , move , and have my being . e thou art the strength of my heart , and my portion for ever . my f whole spirit , soul , body , parts , endowments naturall , spirituall , are only of thee , through thee : o sanctifie them wholly for , and only to thee ; to whom alone i desire intirely and eternally to devote them ; as g due to none but thee , and that by right of creation , redemption , resignation , preservation , and that extraordinary tribute of gratitude i stand most deeply engaged to render to thy most gracious majesty , for those many and manifold wonders of preservation , supportation , concomitation , protection , consolation , absolution , vindication and restauration , thou hast ( of thy free grace ) most miraculously extended to me , the meanest and unworthyest of all thy servants ) in , under , from all my former and late injurious , illegall sufferings , oppressions , imprisonments , inhumane close restraints , exiles , in ten severall prisons , castles ( some of them at remotest distance from all acquaintance , kindred , friends and thy publick ordinances , under some rude , barbarous armed gardians and men of bloud , of purpose to destroy me , where thou was present with me , as with h daniel in the lyons den , i paul in the lyons mouth , the k three children in the midst of the fiery furnance , l jonah in the whales belly to , secure , comfort and supply me ) for about eleven years space ; through the malice and cruelty of mercilesse men : yet ( blessed be thy holy name ) for no other cause or crime thy poor servants conscience is guilty of ( his last close imprisonments in three severall castles being without the least examination , hearing , accusation , charge of any particular offence against him , or yet declared to him ) but only his sincere cordiall desire to discharge his bounden duty to glorifie thee in his generation , by opposing the m dangerous wrath-provoking errors and corruptions of the age in which he liveth ; by contending earnestly for the faith which was once delivered unto the saints , according n to thy commands , and for the setled fundamentall lawes , liberties , rights , government of his distracted native countrie , against all secret underminers , open oppugners or subverters of them , to the uttermost of his ability : by a consciencious inviolable observation of all those solemne sacred oathes , protestations , covenants and obligations , ( prescribed by those lawfull higher powers thou commandedst him to o submit to under paine of damnation ) wherewith he hath frequently bound his soul , not so much to men as to thee , who art a most p faithfull promise-oath-covenant keeping god , especially of those oaths and covenants wherewith thou vouchsafest to oblige thy self even to meer dust and ashes , both immutable and inviolable , never violating , nor repenting of them in the least degree , and obliging men both by thine owne example , and q precepts to do the like , in all their publick or private oathes , vowes , covenants to thee or men , under pain of temporall wrath here , and eternall exclusion from thy holy hill : and for not daring to confederate or comply ( against his oathes , covenants , manifold publick engagements , conscience , judgement and thy sacred r inhibitions ) with those who are given to change ; many of whose calamities and ruines are sodainly risen and fallen upon them , by the divine justice ( even from those they least suspected , and most relyed on for protection ) for the manifold changes they presumed to make against their oathes , vowes , trusts , protestations , covenants , and unrighteous oppressing of their dearest christian friends , brethren , and thy suffering servant among others . now all s glory , honour , power , salvation and prayse be for ever rendered by me and all thy glorious saints and angels in heaven and earth , because true and righteous are thy judgements : and because the deliverance of me thy oppressed servant ( without any wound to his conscience , dishonour to thy name , or scandall to thy people ) is exceeding gracious and glorious . t now know i , ( again and again ) that the lord loveth his anointed ; that he hath heard him ( and others praying for him ) from his holy heaven ; with the saving strength of his right hand . some ( of his self-exalting oppressors ) trusted in chariots , and some in horses ; but he remembred the lord his god : they are brought down and fallen , but he is risen and stands upright : who therefore ever will rejoyce greatly in thy salvation , and in the name of his god will set up his banners . u for thou hast broken the gates of brasse , and cut the bars of iron in sunder : thou hast sent thy holy angel and knocked off the chaines from my long fettered hands , and made the long-barred iron castle gates ( wherein i was close shut up ) to open of their own accord ( without any enforced long-expected petition from me . ) thou hast rescued me from more then . quaternions of souldiers , who most strictly garded me day and night , as they did thyimprisoned apostle x peter , ( and more narrowly then any formerly under the prelats greatest tyranny ) and delivered him out of the hand of herod , and from all the expectation of the people of the je●s ; the jesuits and popish priests , who marched freely abroad , not only preaching , but printing and dispersing no lesse then y . grosse popish books in defence of their religion , and condemning ours for heresie , whiles i ( their chief oppugner ) was shut up so close in three remote castles , that i could neither write against , nor discover their plots against our church , state , religion , nor yet send letters to mine imprisoners to demand my liberty , unless i would first give copies of them to my gardians , and then trust them to send them when and by whom they pleased , nor have admission to thy publick ordinances for above two years space . in thankfull commemoration of which my late and great deliverance from this aegyptian bondage , i doe here presume , in all humility at thy feet , and dedicate to thee , the great z gaole-delivering , prisoner-loosing god , ( who a sayest to the prisoner goe forth , and to them that are in darknesse shew your selves ) this mean and unworthy gospell plea , for the lawfulnesse and continuance of the ancient setled maintenance and tithes of thy minist●rs of the gospell , ( reserved to and by thy self as thy. devoted portion , debt , due ) whereof many now by fraud and violence , endevour sacrilegiously to rob both thee and them ; as the first fruits of my enlargement , a b second ebenezer , hitherto hath the lord helped me , and a lasting monument to posterity of my gratitude and thankfulnesse to thee my god , for my late restitution to so much liberty and freedome , as to be able , thus once more publickly to plead thine owne and thy ministers cause , against jesuits , anabaptists and all other open oppugners and subverters of our church and state , and secret underminers of the true preachers and preaching of the gospell , who now c like gebal , ammon , amalek , edom , ismael , moab , the hagarens , ph●listines , the inhabitants of tyre and armed assur of old , have consulted together with one consent , and are confederate against thee ; and have said , come and let us cut them off from being a nation , that the name of israel , may be no more in remembrance . bes●eching thy majesty most graciously to accept it , most powerfully to protect and so effectually to blesse , prosper it and thy servant against all these combined confederates , that they may be no way able to d resist thy truth , wisdome , spirit , appearing , pleading in it , by it , but either like e convicted seducers or seduced persons , fall down flat on their faces before it , worship thee and report , that god is in it ( and in thy servant ) of a truth . or , in case of wifull malicious obstinacy , against thee and thy faithfull ministers , houses of publick worship , truth and gospell , f do unto them as unto the midianites , as to sisera , and to jabin at the brook of kison , which perished at endor and became as dung for the earth : make their nobles like oreb and zeeb , yea make all their princes as zebah , and as salmunna ; who said ( as these doe now ) let us take to our selves the houses of god in possession . o my god make them as a wheel , as the stubble before the winde : as the fire burneth the wood , and as the flame setteth the mountaines on fire ; so persecute them with thy tempest , and make them afraid of thy storme ; fill their faces with shame , that they may seek thy name o lord ; let them be confounded and troubled for ever , yea let them be put to shame and perish : that men ( these men ) may know , that thou whose name alone is jehovah , art the most high over all the earth . g so we thy people and sheep of thy pasture wil give thee thanks for ever ; we will shew forth thy praise to all generations . and thy servant davids resolution , h whiles i live will i praise the lord , i will sing praises unto my god , while i have any being , shall through thy grace be both the resolution and practice of thy unworthy , unprofitable , redeemed , preserved and frequently enlarged servant and vassall william prynne . swainswicke sep. . to the unprejudiced christian reader . kind reader , the . psalme in my weak judgement , is both a lively character of the deplorable condition of gods church of late yea●s , and l●kewise a most excellent morning and evening prayer for it , in pub●ick or private . the psalmist thus complaines , that god ( by the a oppressing sword of combined enemies , as psal . . imports ) had broken down his churches hedges , so that all they that passed by the way did pluck her , the boare out of the forrest did wast it , and the wild beasts of the field devour it . the ancient b hedges of the church here planted and spread in our nation , to wit , gods d●vine protection and law ; the patronage , lawes , statutes , priviledges and immunities , granted , confirmed to our churches , by the manifold c great charters , lawes , statutes , of such bountifull devout kings and queens as god himselfe d predicted , should be nursing fathers and nursing mothers unto his church under the gospell , and bring their glory and honour to it ; and kings of iles , amongst others ; having been of late years very much broken down and almost levelled to the dust , by arbitrarie committees , sequestrations , and the oppressing all-devouring sword of war , ( which god hath kept so long unsheathed , e without returning into the scabberd these many years , for the just punishment of our manifold sins and enormities ) all they that goe by the way ( or in by-wayes ) taking advantage thereof , have so plucked , and the wilde-boares out of the wood , and wilde-men , and wilde-beasts of the field , have so wasted and devoured the best and richest part of our country , patrimony , originally designed by the parliament , by a f spec●all bill tendered to the late king at oxford , aprill . ( when arch-bishops , bishops , deanes and chapters were first voted down , and g extirpated as none of our heavenly fathers plants or planting ) for the encrease of the crown revenues , to ease the people in their future taxes ; and the augmentation of our ministers maintenance and incompetent livings : that there is little or none of it now remaining undevoured by them , for either of these two publick ends : and many new highway-men , wilde-boars and beasts , as well as old , encouraged by former rich church-plunders , in stead of imitating h faithfull abraham , ( whose heires and children they professe themselves ) who gave i the tenth of all his spoyles of warre to melchisedec priest of the most high god , ( a type of our saviour christ , if not christ himselfe , as k some probably assert ) they most eagerly and violently attempt to spoyle , plunder all the evangelicall priests and ministers of god throughout the nation at one blow ( without any lawfull tryall by their peers , due processe of law or l legall conviction of any capitall crimes , which cannot forfei● their churches inheritance , which is not so vested in them as either to forfeit or alien , by the law of god or the realme ) in all their inconsiderable remaining tithes , glebes , and setled ancient maintenance , and of their very ministry too , as jewish and antichristian , as john canne the old anabaptist , in his new voice from the alehouses rather , then the temple ( which certainely is as jewish and antichristian as he would have tithes to be ) with sundry late m petitions and proceedings proclaime to all the world , and strip them naked of all other coercive maintenance for the future , to starve them and their families bodies , and the peoples souls : that so a new generation of ambulatory fryers , mendicants and itinerary predicants , fixed to no certaine parish or parishes , selected out of those swarmes of jesuites , seminary priests and popish fryers , now in england under the disguises of anabaptists , gifted brethren , dippers , seekers , quakers , new-lights , mechanickes of all trades , gentlemen , troopers and souldiers too , ( ignatius loyola n their father and founder of their order , being a souldier by his profession , as diverse of his disciples are now amongst us , as many wise men beleeve , and some on their owne knowledge averre ) may succeed them in their ministry , to subvert our church , religion , and reduce us back to rome ; the pope now living , within these few years , affirming to some o english gentlemen of quality in rome ( who out of curiosity only went to see him , being protestants ) that he hoped before he died ( though he were aged ) to see england perfectly reduced to her former obedience to the see of rome , having sent many jesuites , priests , fryers from all parts into england , and particularly into the army ( as p ramsy the late detected jesuite at new-castle , under the vizor of a converted anabaptized jew , confessed in his printed examination there lately taken , and sent up with him to whitehall . against whom iohn canne might have done well to have pressed those , to whom he dedicated his voice from the temple , to execute the statute of eliz. c. . particularly made against them , as most dangerous insufferable tray●ors , purposely sent over , to worke the ruine , desolation , and destruction of the whole realme , as well as of our church and religion , as that statute reso●ves ; and not to have most ignorantly and malicio●sly wrested it contrary both to the very letter and inten●ion against our godly protestant ministers ( their greatest opposites and eye-sores ) to strip them of their ben●fices , livelihood and ●●ves together ( the whole scope of his r lamentable voice ) without so much as uttering one word against these wilde-boares and beasts of rome , with whom he and his companions the anabaptists , are apparent confederates , both in their principles and practises against our ministers maintenance , calling , lawes , and setled government , to their eternall infamy . the sad consideration whereof hath engaged me , though no impropriator ( whose cause i plead not ) nor other tithe-receiver , but a consciencious tithe-payer ( as my ancesters were before me ) without any retaining fee , or other solicitation to appeare publickly in the defence of this common cause of god and all his faithfull ministers tithes and ancient setled maintenance , being through his mercy and their prayers enlarged from my long close remote imprisonments , as i did occasionally in private , whiles a close prisoner in pendennis castle in cornwall ( in december and january last ) against some officers and souldiers there , who publickly subscribed in the castle by sound of drum three severall mornings , and promoted in the country a petition for abolishing all tithes ( though our ministers own , by all divine and humane lawes , rights ; which our souldiers nor any mortals now living gave to them , nor have any pretence of law , power or authority from god or our nation to take from them ) and all other compulsory maintenance in lieu of them for ministers ; sent to them ( and to other garisons , as they then informed me ) by the generall counsell of officers of the army from st. james , both for their own subscriptions ( though few or none of them or other subscribers of such petitions , tith-payers ) and such hands of countrymen , as they could procure . upon which occasion , i had some briefe discourses with some of them concerning the lawfulnesse and antiquity of tithes , s first paid by souldiers out of the very spoyles of battle , taken in the very first warre we read of , to the very first priest of god , we find recorded in the scripture , and therefore admired that officers and souldiers in this age should so degenerate , as to be the very ringleaders and chief oppugners of them : drawing up some brief notes of this subject out of scripture ( to help passe the time ) in defence of tithes , relating more particularly to souldiers , to silence , satisfie , and reclaime them from this sacrilegious designe : which having since enlarged with arguments and answers to their objections drawn from their own military pro●essions , for the better satisfaction and conviction of all sword-men and others , i hope , neither officers nor souldiers , nor any others truly fearing god , if they confider lecit . . . mat. . , , . prov. . . & . . & . . & . . & . , , . & . . & . . psal . . . sam. . , . tim. . . luke . . will or can be justly offended with me , no more for writing truth , then speaking it to their faces , as i did upon all occasions whiles among them , not to defame , but to informe and reforme them , for their own and the publick good , in what i conceive not warrantable by , but repugnant to gods word and their duties as souldiers or christians , and to those known fundamentall lawes , liberties of the nation they were t purposely raysed , commissioned , waged , and engaged by protestations , covenants ▪ and their own voluntary u printed declarations to protect , and not subvert ; and that they will not repute it a capitall crime in me , not to prove a flatterer or dissembler , or not to act or write wittingly against my science and conscience , when our ministers maintenance , calling , religion , gods glory , lawes , liberties , all we have or hope for , are in danger of such a sad , sodain , and destructive convulsion and concussion ( if not subversion ) as i long since by authority of parliament discovered in romes master-piece , ( well worth perusall now ) when so many known jesuits under a new provinciall ( which hugh peters himself reported as i have been credibly informed ) are now even in london it selfe , acting as busily and sitting there in councell as duely , as when the reclaimed author of that discovery ( purposely sent from rome for the purposes therein discovered ) was resident amongst them . o that these professed enemies of our church , religion , nation , and those janizaries of rome , may x not sow their tares of error , and seeds of ruine and desolation amongst us , whiles almost our who●e nation ( for ought i can discerne ) if not those who call themselves watch-men , are in a dead sleep or lethargy , and heaving at our most faithfull ministers maintenance and callings too , in stead of enquiring after , discovering these arch-traytors , and executing the good lawes and oathes against them , to prevent those treafonable practises , destructive designes , miseries and that ruine to our religion , government , governors , lawes , parliaments , church and common-wealth , which the wise protestant vigilant parliaments of eliz. c. . ▪ eliz. c. . eliz. c. . ● eliz. c. . jac. c. . jac. , , , . jac. c. . and some hundreds of y declarations , and p●in ed ordinances , r●monst ances of the lords and commons the last parliament ( with the good new lawes and oath they provided against those romish vipers quite buried in oblivion ) have publ●shed to allarme all drowsie , stupid , carelesse people ; all lovers of god , their religion , or country against them , even at this very season , when they and their confederates are ( wittingly or ignorantly ) over-turning , overturning , overturning , whatever is not yet totally subverted am●ng us , and carrying on these their designes . if these my impotent undertakings with a sincere affection only to gods glory , and the reall weal and preservation of our religion , ministry , lawes , native country , and z all protestant churches ( now indangered by their mutuall discords and jesuite emissaries to foment their intestine differences ) may so farre open the eyes of all degrees in our nation really fearing god , so a to know in this their day the things which belong unto their peace and settlement , and to move them effectually to pursue them , before they be hid from their eyes ; i have all the reward i do expect , and shall blesse god for the good successe . if any shall be offended with me , or it , and requite me only with envy , hatred , persecution and new oppression , bonds , close imprisonments , for well-doing and endevouring any more publick good , for our church , religion , country ; i shall b commit my cause to god , who judgeth righteously , who hath so often c brought forth my righteousnesse as the light , and my judgement as the noon-day , to the shame and confusion of my causelesse enemies : and shall carry this comfortable cordiall unto my brest , to any prison , pillory , gibbet , grave , that the malice or power of poor vapouring mortals ( who know not how soon d their violent dealing may or will come down upon their own pates , as well as on other potent adversaries ) shall be able to hurry me to , and ascend triumphantly which is to heaven it selfe ; that i have discharged that duty which god , conscience , providence and the publick danger of our ministry and religion , and my sacred oathes and covenants have engaged me unto . and e if i perish for it , i perish ; and in perishing shall ( by gods assistanced part with this swan-like , saint-like song of that eminent f prisoner of jesus christ ( who was in g prisons more frequent , in p●rils , afflictions , and persecutions often , as i have been for the faithfull discharging of his duty ) i have h fought a good fight , i have finished my course , i have kept the faith : henceforth is laid up for me a crown of righteoufnesse , which god the righteous judge shall give me at that day ; and not to me only , but to all them also which suffer for his truth , and love his appearing : which is the unshaken constant faith , hope , and expectation of thine and our churches , countries unmercenary faithfull friend and servant , william prynne . a gospell plea , for the lawsulnesse and continuance of the antient setled maintenance and tithes of the ministers of the gospell . the antient , necessary , competent maintenance of our ministers of the gospell setled on them by the piety and bounty of our religious christian kings and ancestors , a almost from the very first preaching and embracing of the g●spell in this iland , and constantly enjoyed ever since , without any publick opposition , being in these times of a long expected glorious resormation , and reall propagation of the gospell , more audeciously oppugned , more impiously decryed , declaimed , petitioned publickly against , and more sacrilegiously invaded , detained , substracted , then in the very worst or profanest of former ages ; and that , not only by professed enemies of the ministers and ministery of the gospell , but by such who pretend themselves their friends , and the most precious saints ; who not yet satisfyed with the late sales of all our arch-bishops , bishops , cathedrals , deanes and chapters lands and revenues , ( the fattest morsels of the english clergy , tending rather to support their lordly power , pride , pomp , and luxury , then their true gospell ministry ) ingrossed into sword-mens and lay-mens hands ; do now industriously , and violently endevour speedily to deprive all our painfull , godly preaching ministers , of all their remaining inconsiderable maintenance by tithes , glebes , oblations and other duties , ( formerly setled on them , by long prescription , by sundry successive lawes and acts of parliaments , as well as ●●te ordinances , with sufficient warrant even from gods word and gospell ) and to leave them no other subsistence , encouragement , or reward for all their labour in gods harvest , but the meer arbitrary unco●rcive benevolence of the people , ( who being generally profane , covetous , vicious , and enemies to all godly ministers , will not voluntarily contribute one farthing towards them , desiring rather their room and ruine , then their company or subsistence ) and what they shal otherwise earn by their own labour and industry in some other callings : it is high time for all sincere patrons and friends of the ministers and ministry of the gospell ( now dangerously assaulted ) publickly to appear in their behalf , and openly to vindicate , to secure as well the divine as civill right of their yet remaining ancient , necessary , established maintenance against the clamorous cavils and false absurd allegations of sacrilegious , covetous , impious , violent , b unreasonable , c b●utish men ; to convince them of their errour and impiety herein , or else to shame and silence them for the future , and preserve our ministers and ministry ( and by consequence our very religion it selfe , now more endangered then in any age since its first establishment ) from impendent ruine . for which end , having not long since had some private discourses with souldiers concerning the lawfulnesse of our ministers tithes and setled maintenance , during my late strict restraints under their armed guards , and perusing some short prison notes and notions ( upon that occasion of that subject lying by me ) i thought fit to enlarge and reduce them to these ensuing propositions , ( wherein the whole controversie , now publickly agitated touching our ministers tithes and livelihood , is comprised ) and to make them publick , for the common good and satisfaction of those who shall peruse them , especially sword-men , whom i finde most violent against t●●hes and ministers forced maintenance , trusting more ( as i apprehend ) to the length of their swords , then strength of their arguments against them ; which how weak they are , let all rationall perusers hereof resolve . the propositions , i shall here through gods assistance make good , from the very law , word , and gospel of god , with all possible brevity , ( i trust beyond contradiction ) are these , . that there is a just , competent , and comfortable maintenance , due to all lawfull , painfull preachers and ministers of the gosp●ll from the people , even by divine right and institution , and expresse texts and precepts of the gospell . . that the maintenance of the ministers of the gospell ( and of places and houses for gods publick worship ) by tithes , glebes , oblations ( yea and spoyles won in battle by generals , collonels , captaines and souldiers ) is not only lawfull and expedient , but the most fitting , rationall and convenient maintenance of a●l others , warranted by direct precedents and precepts , b●th before and under the law and likewise by the gospell , which doth no wayes abolish or condemne , but approve and confirme this way of maintenance . . that if tithes and other ma●ntenance , formerly setled on our ministers , be either wilfully with-held , or substracted from them by the people , in part or in whole ; the civill magistrates may and ought by coer●ive lawes and penalties to enforce the payment of them in due forme and fine , both by the law of god , and rules of justice , without any injury or oppression to the people . . that our ministers tithes are really no burthen , grievance or oppression to the people ; but a charge , debt , duty , as well as their land-lords rents , or merchants poundage . that the abolishing of them ▪ will be no reall ease , gain , or advantage to farmers , lessees , and the poorer sort of people , as is falsely pretended , but only to rich land-lords , and landed men ; and a losse and detriment to all others . . that the present opposition and end●voured abolition of tithes and all other coercive maintenance for ministers , proceed not prom any reall grounds of piety or conscience , or any considerable , reall inconveniences , or mischiefes arising from them , but meerly from base , covetous , carnall hearts , want of christian love and charity to , and professed enmity and hatred against the ministers of the gospell , and from a jesuiticall , and anabaptisticall designe to subvert and ruine our ministers , church and religion ; he probable , if not necessary consequence of this infernall project , if it should take effect ; which would prove the eternall shame , infamy and ruine of our nation , not its glory and benefit . chap. i. the first of these propositions being the foundation and corner-stone whereon all the rest depend , and into which it hath a prevailing influence ; i shall be most copious in its probation , and in the refutation of the objections which are or may be raised against it . that there is a just , competent and comfortable maintenance due to all lawfull , painfull preachers and ministers of the gospell , from the people , even by divine right and institution , and expresse texts and precepts of the gospell ; is as clear as the noonday sunne , by these irrefragable gospell testimonies . i. by matth. . , , , , . where when our lord and saviour christ himself first sent forth , authorized and commanded his . apostles to preach the gospell , he gave them these instructions among other : provide neither gold , nor silver , nor brasse in your purses , nor scrip ( nor bread addes marke . . ) for your journey , neither two coats , nor shoes , nor yet staves . ( adding this as the reason thereof ) for the laborer is worthy of his meat ; or his reward , hire , wages , maintenance , as the greek word will bear , and other following scriptures render it . ii by luke . , , . where we read when our saviour christ ( not long after h●s former commission to the . apostles ) sent forth the . disciples by two and two , to preach in every city and place , whither himselfe would come ; he gave them almost the self same instructions : carry neither purse , nor scrip , nor shoes ; and into whatsoever house ye enter , first say , peace be to this house , &c. and in the same house remain eating and drinking such things as they give : ( subjoyning this reason for it ) for the laborer is worthy of his hire : go not from house to house ( as beggers use to doe for almes ) and into what city ye enter , and they receive you , eat such things as are set before you , &c. iii. by john . , , , . where our lord jesus christ , ( soon after the former commissions ) used these words to his disciples ; behold , i say unto you , lift up your eyes , and look on the fields , for they are white already to harvest , and he that reapeth receiveth wages , and gathereth fruit unto eternall life , &c. i sent you to reap that whereon ye bestowed no labour , &c. which may be aptly paralleld with , and interpreted by matth. . , . then said he ( our savour ) unto his disciples , the harvest truely is plenteous , but the laborers are few ; pray ye therefore the lord of the harvest , that he would send forth laborers into his harvest : which when he did , he agreed with them all for a certain stipend by the day , and when the evening was come , he sa●d unto his steward , call the laborers , and give them their hire , beginning from the last unto the first , mat. . , to . as is there parabolically expressed . from which texts and words of our lord and saviour christ himself , it is most apparent , . that the apostles , preachers and ministers of the gospell are and ought to be diligent , painfull labourers in christs spirituall harvest , not idle loiterers . . that they were not obliged , but expresly prohibited to provide gold , silver , brasse , scrips , shoes , clothes , bread , meat , drink , lodging , and other necessaries at their own free cost , when they were commissioned and sent forth to preach the gospell , ( as some now would enforce them to ) for this very reason , that being labourers in the lords own harvest , for the eternall salvation of mens soules , they were worthy to receive them , as hire and wages from those to whom they preached . . that our saviour christ himselfe at the very originall institution and first mission of his . apostles , and after of the . disciples to preach the gospell ; thrice one after another , expresly resolves in positive termes ; that they are worthy of their meat , hire , wages , for their labour in the gospell ; and so by consequence , all other lawfull labouring ministers , that diligently preach the gospell , are worthy of the like at this day ; and neither of them obliged to preach the gospell freely without any recompence , as some seducers now pretend . . that meat , drink , clothes , lodging , and a competent maintenance , are as truely and justly due to the true labouring ministers of the gospell from the people , and that of pure common naturall , yea gospell right and justice , not as meer arbitrary charity or benevolence , but as merited hire and wages ; as much as any deserved hire or wages are due to any other hired servant or labourer whatsoever , by common justice , and the law of god , gen. . . exod. . . levit. . . deut. . , . mat. . , to . joh. . . or as well as pay or wages are justly due to the best deserving officers and souldiers , luke . . ezek. . , . and that by christs own trebled resolution , recorded by the evangelists for the greater evidence and conviction ; who emphatically by way of reason applies these words only to his apostles and ministers , for the labourer is worthy of his meat , hire , wages ; they being the most divine , excellent , usefull , necessary labourers of all others , and that in matters of highest concernment in relation both to god and men : therefore of all other labourers they are most worthy of a honourable , comfortable , certain hire , salary , reward for their support and encouragement . . hence it followes by necessary consequence , ( and let those who are guilty consider it seriously in the fear of god with trembling and astonishment ) that the opposing , oppressing , defrauding the ministers of the gospell in their deserved setled hire , wages ; or the detaining all , or any part of their ancient , just , established dues , tithes , or revenues from them ( especially out of covetousnesse , spite , obstinacy or malice against their very callings ) is as great , as crying , as damnable a sinne , oppression , unrighteousnesse ; and will bring down as gri●vous curses , plagues , judgements on all those who are culpable thereof ; as the defrauding , oppression of the hired servant or labourer , of or in his hire , or detaining their wages from them , when due ; as will undenyably appear by deut. . , . levit. . . gen. . . mal. . . jam. . , to . compared with mal. . , , , . nehem. . . . and a sin against all these scriptures ; which all detainers of ministers dues and tithes , may do well to read and ponder . iv. the truth of this proposition is ratifyed by the apostle pauls resolution , who thus prosecutes our saviours forecited words , and seconds his argument in tim. . , . let the elders that rule well be counted worthy of double honour , especially those that labour in the word and doctrine : for the scripture saith ( deut. . . ) thou shalt not muzzle the oxe that treadeth out the corn. and , the labourer is worthy of his hire : relating to mat. . . and luke . forecited . in which words the holy ghost by the apostle positively asserts , . that the elders and ministers that rule well , especially such of them who labour in the word and gospell , are really worthy of double honour from the people , which double honour interpreters generally resolve to be , . due reverence , love , and countenance ; . a competent liberall maintenance and reward : or ( as some conceive ) a double salary and allowance to what others receive , as a just honourable reward for their labour , which is here intended by the words double honour ; extending as well to an honourable salary and reward , as to due reverence and respect , as is clear by the two texts herein cited to prove it , by the , & . verses of this very chapter ; and rom. . , , . pet. . . prov. . . compared together . . that the people ought to count them worthy of this double honour , and to render it unto them . . he ratifyes and proves this , not only by his own apostolicall authority , but likewise by two oth●r texts of scripture ; the one taken out of the old testament deut. . . ( which proves , that the texts and precepts for the just dues and maintenance of the priests in the old testament are still in force , and not abrogated , so far as they are morall and judiciall ; and therefore may be still aptly urged for proof of our ministers due maintenance under the gospell ; ) the other out of the new testament , mat. . . luke . . from both which the force of the apostles argument stands thus , the elders who labour in the word and gospell have as just , as naturall , as morall , legall , equitable a right and meritorious due to a liberall maintenance , salary , reward , or double honour ( as he styles it ) as the ox that treadeth out the corne hath , to eat of the corne and straw he treads out ; or , as any other hired labourer whatsoever hath to his hire ; they being the best and eminentest of all other labourers ; with the especiall application of deut. . . and of this very sentence , here again to them , the labourer is worthy of his hire ) imports : therefore for any people witting●y or wilfully to detain or defraud them thereof , is as great an injustice , cru●lty , sin and unrighteousnesse , as to muzzle the ox mouth that treadeth out the corne , or to detain the labourers wages , or defraud him thereof ; yea , a sin against the expresse commandements of god , deut. . . ch . . , . levit. . . cor. . , . . and so much the rather because their hire and wages being their right and their owne ( not the meer almes and charity of those who pay it ) as christ himselfe resolves , mat. . , , , , . v. by gal. . . where the apostle layes down this generall gospell precept for the maintenance of the ministers of the gospell , from which there can be no evasion . let him that is taught in the word communicate unto him that teacheth in all good things . the word communicate , signifieth a free and liberall ( not base and niggardly ) al●owance , as is evident by tim. . . heb. . . cor. . , , , . deut. . . . and that to be rendred to them , not as to meer strangers , but as to those who have a kinde of cop●rtnership , and tenancy in common with them , not in one or two , but in all good things god hath blessed them with ; as the primitive christians had all things in common , and said not that any thing was their own , but the apostles and brethr●ns as much as theirs , act. . , , . whence the contents of our bibles and commentators on this text infer and conclude , that every christian ought chearfully to communicate a liberall share and portion of all the fruits of the earth , blessings and good things he enjoyes , to his spirituall pastor and teacher , ( and by consequence tithes of all tithable things ) and that not as almes , charity or a free benevolence , but as a d just debt and duty commanded by this sacred canon . vi. by rom. . , , . for , for this cause pay you tribute also , for they are gods ministers attending continually upon this very thing . render therefore to all their due , tribute to whom tribute is due , custome to whom custome , fear to whom fear , honour to whom honour . owe nothing to any man , but to love one another . which scripture though particularly intended of the higher civill powers , rulers and magistrates ordained by god ; yet it equally extends to all spirituall and ecclesiasticall pastors and rulers over us , as well as to them . first , because they being gods ministers attending continually upon this very thing , ( to preach the gospell , and discharge their pastorall charge over their flockes ) as well as civill magistrates ; and therefore by way of excellency are more frequently styled ministers , and ministers of god and christ in the new testament , then magistrates are , rom. . , . chr. . . ▪ cor. . . ch . . . ch . . . ephes . . . col. . , . ch . . . thess . . . tim. . . whence their very work and calling is styled , the ministry , rom. . . ephes . . . col. . . tim. . . tim. . . secondly , because the precept subjoyned is universall ; render therefore to all their due : and in the affirmative ; therefore to ministers as well as magistrates , with the like care and conscience . and then the inhibition in the close as universall , owe nothing to any man ; therefore not to ministers no more then to magistrates or other men . thirdly , because it expresly enjoynes all christians to render honour to whom honour is due : now , not onely honour , but double honour is due to ministers that rule well and preach the gospell diligently , tim. . , . to wit , reverence , obedience , love and maintenance ; all here prescribed to be rendred in this text to whom they are due . therefore a liberall , honourable , comfortable maintenance and reward is both in justice and conscience dve , as well to the ministers of the gospell , as to the magistrates and higher powers , and as duely , truly , and justly to be rendred , ( and not owed , detained , denied ) unto the ministers , as to kings , parliaments , o● any other civill rulers , even by this evangelicall precept , ( from which there is no evasion ) and that for conscience sake ; as well as for fear of wrath and punishment : vers . . so as none can plead or pretend the least colour of conscience , for detaining , or not rendring their tithes and duties to our ministers of the gospell , without giving the holy ghost himself , and this gospell text the lie , and incurring ananias and saphiraes sin , act. . , , , , , . for which they justly may expect and receive their fatall exemplary punishment . vii . the apostle further clears this truth not only by way of precept , but reason and demonstration , rom. . , . it hath pleased them of macedonia and achaia to make a certain contribution for the poor saints which are at jerusalem ( ministers and apostles as well as other saints that were poor . ) it hath pleased them verily , and their debtors they are : for if the gentiles have been made pertakers of their spiritval things , their dvty is also to minister vnto them in carnall things . i confesse , the text is not meant properly of ministers , and apostles of the gospell , but of poor beleeving saints that were jewes ; but the reason and argument here urged , extendeth much more to apostles and ministers of the gospell , then to poor beleeving saints : and thus i argue from it . if the christian beleeving gentiles in macedonia and achaia were strongly obliged not only in charity , but of debt and duty ( as the apostle here argues and resolves ) to make a certain contribution , for the poor saints of god at jeru●alem who were jewes , and to minister to them in their carnall things when they were in want , upon this account ; that god had made them partakers of their spirituall things : ( by the apostles and other ministers sent or repairing to them from jerusalem ) then much more are they and all other converted gentiles then and now strongly obliged , not only in charity , but of just debt ▪ and duty to make a certain contribution , and maintenance for , and liberally to minister in their carnall things unto those faithfull ministers of the gospell , who actually preach the gospell , to them , and of whose spirituall things and paines they are made partakers . but the antec●dent and supposition is an unquestionable gospell truth , by the apostles resolution in this alledged text , and is and m●y be further ratifyed by act. . , . act. . , , , , . act. . , , . cor. . , . cor. . . to . and ch . . , to . gal. . . ephes . . . joh. . . mat. . . and deut. , to . therefore the consequent must be granted , being the apostles expresse argument in the very case of ministers maintenance from the people , cor . . if we have sown unto you spirituall things , is it a great thing if we shall reape your carnall things ? now in this reasoning of the apostle , and gods spirit in , and by him ; there is a double emphaticall enforcement to prove ministers maintenance , both a just debt and duty , which the people are bound to render to them , not as free givers , but as d●btors . . by the grounds of communicative justice . they are ( or at leastwise may be if they will themselves , the case only of obstinate separatists ) partakers of the ministers spirituall things and paines : and therefore ought in justice and duty , to pay and render them some proportionable recompence for what they receive from them ; even as all other merchants and tradesmen who barter or sell one commodity for another , or for ready money , use to doe . . from the nature and value of the things they receive from ministers ; and of those things they render back to them by way of exchange , which will hold no ballance nor equall value with what they first receive : for the things the people enjoy by ministers , are spirituall , which concern their souls , spirits , everlasting salvation , eternall happinesse , and are the most excellent and precious things of all other , farre excelling gold , silver , tithes , and all earthly treasures . ephes . . , , . pet. . . cor. . , , . ch . . . phil. . . rom. . . psal . . . & . . . prov. . , . but the things and recompence they return to ministers for them , are only their carnall things , for the necessary support of their bodies and families , which are no way comparable in value , worth , b●nefit , or use to what they receive from them , as the last recited texts and others resolve . the people therefore receiving from their ministers quidpro quo ; and things of infinite more value and benefit , then what they render to them ; the carnall things they receive for their spirituall , ( though in a liberall proportion ) must needs be a most just debt and duty ; not meer arbitrary almes or charity . and can neither in justice nor conscience ▪ be detained from them , they being such infinite gainers by the bargain . viii . this supposition is yet further professedly argued and debated at full by the apostle and the spirit of god against all sorts of callings and professions of men , that now oppose it , with the greatest evidence of reason , justice , equity that may be , backed with divine authority ; as if he had purposely foreseen the violent , impious , heady opposition , now made against ministers tithes and maintenance in these daies by souldiers and other rusty tradesmen ; and penned this scripture purposely to refute them . cor. . . to . have we not power to eat and to drink , &c. who goeth a warfare any time at his own charges ? who planteth a vin●yard , and eateth not of the fruit thereof ? or , who feedeth a flock , and eateth not of the milk of the flock ? say i these things as a man ? or saith not the law the same also ? for it is written in the law of moses , e thou shalt not muzzle the mouth of the oxe that treadeth out the corn . doth god take care for oxen ? or saith he it altogether for our sakes ? for our sakes , no doubt , this is written , that he that ploweth should plow in hope , and he that thresheth in hope , should be partaker of his hope . if we have sowen unto you spirituall things , is it a great thing , if we shall reap your carnall things ? if others be partakers of this power over you , are not we rather ? neverthelesse , we have not used this p●wer ; but suffer all things , lest we should hinder the gospell of christ . do ye not know , that they which minister about holy things live ( or feed ) of the things of the temple ? and they which wait at the altar are partakers with the altar ? even so hath the lord ordained , that they which preach the gospel shovld live of the gospel . but i have used none of these things ; neither have i written these things that it should be so done unto me , &c. in which scripture the apostle asserts the lawfulnesse and justnesse of ministers maintenance under the gospell by sundry instances and arguments , against all opponents . and because , perchance some souldiers , who now are the chief opposers of ministers maintenance , or rather , for that he foresaw ( by a f propheticall spirit ) that they should prove such in our dayes , he first re●utes and stops theirs and others mouthes , with an argument drawn from the wars , and their own military practise : who goeth a warfare any time at his own charge ? in which short interrogative argument , these particulars are both included and tacitly asserted . . that ministers of the gospell are true spirituall souldiers under christ their g captain ; and their ministry , a true spirituall warfare , against the world , flesh , devill , sins and vices of men , exposing them to many hardships , dangers , and oft-times to losse of liberty , bloud , limbs , and life it selfe ▪ as he expresly resolves in other texts , cor. . . tim. . . tim. . , . & . . . that being souldiers , it must needs be most unjust , unreasonable , unconscionable , and against the common rules of war and practise of all souldiers , that they should goe a warfare any time at their own charge ; since no other souldiers ●lse will , or use to doe it , ( nor any officers or souldiers of the army now ) who will follow the wars no longer , then they may do it at free cost , no not for a moment ; and will fight no longer then they receive or expect full pay . and therefore should not now , nor at any time else , presse ministers to preach freely at their own cost , unlesse themselves first went a warfare on their own purses , to ease the impoverished oppressed countrey of their long continued heavie taxes . . that pay and wages are at all times as really and justly due to these spirituall souldiers for their spirituall warfare , as they are to any other souldiers , warriers or officers whatsoever imployed in actuall service in other warres . luk ▪ . . therefore those military officers who oppugne our ministers pay and se●led maintenance as unlawfull , antichristian , and unevangelicall ; must first renounce their own pay and contributions as such ; and warre without pay on their own charges for the future ; ( which many of them may well do , having gained so much by the warres already , and being most of them out of actuall military service ) or else henceforth permit our ministers to enjoy their tithes and setled maintenance without opposition , or substraction as they doe their pay : it being as great a robbery , injustice , fraud to deprive them of all or any part thereof , as to defraud any souldiers , now in service by land or sea , of their lawfull day , mal. . , , . . it hence necessarily followes , that as souldiers pay and other military expences , are not left to the arbitrary pleasures and free benevolence of the people , ( who would contribute little or nothing at all towards them at this or any other season , if left to their own free wils ) whence the present dissolution and destruction of the temporall army , and militia would ensue ; but are reduced to a certainty by a setled establishment , and imposed and levied on the people ●y coercive lawes , ordinances , forfeitures , distresses , imprisonments , strict penalties and illegall armed power , when wilfully refused , detained or neglected to be paid in whole or part at the times appointed : so the wages and stipends of these spirituall souldiers the ministers , and of their necessary spirituall warfare are not to be wholly left in any setled christian state , to the arbitrary wils and voluntary benevolences of the people ( which would soon necessitate them to disband , and frustrate their soul-saving warfare ) but reduced to some certainty by positive lawes ( as they have been time out of minde with us ) and in case of wilfull refusall , detention , substraction in whole or in part , when due , to be levied by such coercive legall waies and means , as our monthly taxes , contributions , and other just debts and duties are , there being the self-same justice , reason , equity , and necessity in both cases . those army officers and souldiers then , who oppose , condemn our ministers setled maintenance , and the coercive lawes means to recover it when de ained from them , as an intolerable oppressing yoke and grievance , must first renounce , suppresse all monthly taxes , contributions , excises , customes , impositions , and the many new severe coercive waies and means to levie them , as such ; being farre more grievous , burthensome , illegall , oppressive to the people , both in their value , frequency , novelty , illegality , new way of imposing and levying , then ministers tithes and dues ; and the saddest heaviest pressures they now languish under : and live wholly upon the peoples free unconstrained benevolences , taking only what they will freely give them of their own accords , without coercive lawes , ordinances , forfeitures , penalties , and distresses ; or else recant their former erronious opinion , practise , and approve of our ministers setled coercive maintenance for the future , without opposition , being souldiers as well , and having as just a right to a setled enforced salary as they , as the apostle here argues and resolves . . the apostle having thus routed , silenced our captains and souldiers , the ring-leaders against ministers setled coercive maintenance , encounters in the n●xt place , all husbandmen , sheep ▪ masters , shepherds , ploughmen , reapers , threshers , and other oppugners of their tithes and livelihood , vers . , , . wherein he asserts that ministers of the gospell have as just , as equitable a right to a competent maintemance from the people for preaching the gospell to them , and to partake of their temporall things ; as he that planteth a vineyard hath to eat of the fruit thereof ; as he that keepeth a flock hath to eat of the milk thereof ; as the husbandman and labo●●●r who ploweth , reapeth or thresheth corn , hath to eat of the corn he soweth , reapeth , ploweth : and that it is as great injustice and unreasonable wrong to deprive ministers who sow unto us spirituall things , of a competent share in our carnall things ; as to debarre one that plants a vineyard , right and liberty to eat of the fruits thereon ; or one that feeds a flock , to eat of the milk thereof ; or those that sow , reap , and thresh corne , to enjoy any share or portion in it : which all husbandmen , farmers , sheep-masters , shepherds , plowmen , reapers , threshers , and other labourers , who deny or beg●udge our ministers their setled long-enjoyed tithes and dues may do well advisedly to consider , to convince them of their errour , and reforme their practise . . vers . , . to convict all brutish men in these daies , who are more uncharitable to their ministers , then men are or ought to be unto their very beasts , in denying them so much as to eat of their tithe corn or straw ; he argues the justice of their maintenance ( and that by the tithes of their corn , wine , &c. as the instances imply ) from the very law of god concerning beasts , deut. . . thou shalt not muzzle the mouth of the oxe that treadeth out the corne : which though literally meant of oxen , to whom all righteous men are and ought to be just and mercifull , prov. . . luke . . & . . mat. . . yet it is principally written and intended altogether in its genuine sense of the priests of god , and ministers of the gospell , of whom god takes farre more care then he doth of oxen ( of whom yet be hath a generall providentiall care , as well as of all other beasts and sparrowes : psal . . , . & . , , . & . luke . , , . mat. . . & . , . ) and are of more value then many oxen or sparrowes , and yet not o●e of them falleth to the ground without gods spirituall providence , though two of them be sold for a farthing . the force of this argument stands thus , if god by a speciall law takes so much care of the very oxe that treadeth out the co●n , as to prohibit the muzzling of his mouth , that he may not eat thereof ; then questionlesse he takes much more care of the ministers of the gospell , and much more inhibits the muzzling their mouthes , that they shall not so much as eat , feed and live upon the tithes , milk , wine , and fruits of your vineyards , straw , corn , and other carnall things ; they being farre better then oxen ; and this law purposely and altogether written for their sakes , not for oxen. therefore those who deny and deprive them of this their right , transgresse this very law of god , ( still in force under the gospell , being founded upon naturall justice and equity ) and are farre more unrighteous , cruell , unmercifull to their ministers , then they are to their very beasts and oxen , to whom they allow both corn , straw , and sufficient maintenance for their very work . verily our ministers now were better to be many mens oxen , horses , then their spirituall pastours , for then they would feed and keep them well , and allow them straw , hay and corn to live on , as they do to their beasts ; whereas now they will pay them neither tithe , corn , nor hay , nor straw . such men , i fear , are worse and more brutish then their h beasts that perish , regarding neither law nor gospell , here joyntly urged by the apostle against their practise . . vers . . he enumerates all artificers , merchants , tradesmen , and others who live by selling , buying , exchanging ; who deny or detain their ministers dues and maintenance , by an argument drawn from their own practise , the rules of commutative justice , the nature and value of what they receive from ministers , and what they render , or should return them for it . if we have sow●n unto you spirituall things ( the most precious , excellent , usefull , necessary of all others ) is it a great matter if we shall reap your carnall things ? of farre lesse value , worth , use , then what you receive from us for them . surely none of these traders , will give or sell away their wares without any money or recompence for them ; and if they sell or exchange them for lesse money , or things of lesse value or moment then what they sell or exchange them for , they may in all justice and equity expect and receive money and wares exchanged for them from those who have so gainfull a bargain , without the least shadow of covetousnesse , injury , or oppression . let then such and all others consider their own daily practise , and the weight of this apostolicall gospell argument for our ministers maintenance , tithes , and dues , against which there can be no exception , nor reply , and then it will convince , convert them , if they have not abjured all principles of common justice and commerce . . vers . . he argues from others precedents and examples . if others are partakers of this power over you ( to reap your carnall things for spirituall ) are not we rather ? which may receive these various constructions agreeable to the generall scope of the place . . if others who are true apostles and ministers of the gospell , are partakers of this power , though they have not been such to you , and did not convert you , nor labour so much in sowing spirituall things to you ; much more i ( and barnabas ) who have been the instruments of your conversion , and doubtlesse are apostles unto you , you being the seal of mine apostleship in the lord , vers . , . cor. . , . may likewise be partakers of this power . . if others , who are not apostles of jesus christ , but meer false apostles , seducers , slanderers of me and the truth of the gospell , yea broachers of heresies and schismes , are partakers of such a power amongst you ; then much more i and barnabas , who are true apostles and ministers of the gospell , and preach nothing but soul-saving gospell truthes : which seems to be the genuine sense of the place , by comparing vers . , , . with cor. . . to . . if your i idolatrous pagan priests before or since your conversion , be partakers of such a power ( as to receive a competent salary and maintenance out of your carnall things ) even for their idolatrous superstitious rites and ministry ; or if your pagan civill magistrates receive a competent allowance from you for their care and pains in civill government ; then much rather we who are true ministers and apostles may doe the like for the true sqirituall things we sow among you . the argument holds strongly in each of these constructions , but specially in the two first , which are most sutable to the text. . vers . . he argues the justice of ministers maintenance under the gospell , from the maintenance of the priests by gods appointment under the law , both before and after the temple built . do ye not know that they which minister about holy things live of the things of the temple , and they which wait at the altar , are partakers with the altar ? numb . . , , to ▪ deut. ▪ , , , , . & . . to the end of the chapter , & . , . chron. . . to . nehem. . . to the end . & . , & . . to . ( the priests and levites by gods own institution then receiving a liberall maintenance from the people , by first f●uits , tith●s , oblations , sacrifices , and likewise cities , suburbs , lands , houses , chambers for them and their families , stocks of cattell and goods . numb . . , to . josh . . , to . chron. . , throughout . chron. . , . neh. . , , . & . . ezek. , , , , , . & . , to . lev. . , , . compared with the former texts : and levit. . throughout . numb . . , , , , , , , , , . heb. . , . none of which might be alienated , sold or substracted from them without sin and sacriledge . mal. . . ezek. . . lev. . , . gen. . , . ) and then to stop and silence all future objections and calumnies , he concludes his argument with a divine ordinance and institution of christ himselfe under the gospell for the like liberall maintenance of the ministers of the gospell , ( whose ministration is much more glorious then that of the law , cor. . , , , . ) vers . . even so hath the lord ordained that they which preach the gospel shovld live of the gospel , to wit , as leberally , as plentifully , as comfortably in all respects , as the priests and levites under the law , as the parallel , and the words even so import . who ever therefore oppose , resist , and censure this their liberall setled maintenance , oppose , resist , and censure the very positive ordinance of christ himself under the gospell ; and therefore may and shall receive to themselves damnation , rom. . . in case they do not repent thereof . finally , the apostle to prevent all cavils that either false ▪ apostles or enemies to him and his ministry , might th●n object against him for this doctrine , as if he were a selfe seeker , a covetous wretch , an oppressor , fleecer and spoyler of his flocke , or a partiall judge in his own cause ( as they now calumniate our ministers pleading for their just setled maintenance and tithes ) because he thus st●ongly pleads and proves the maintenance of the ministers of the gospelll ; concludes , v. ● , , , . neverthelesse we have not used this power : but i have used none of these things ; neither have i written these things , that it should be so done unto me &c. which he repeats and amplifi●s in cor. . , , , . & . , , , . but he did it only in the behalf of the rest of the ministers of the gospell , to justifie their gospell right to a liberall , just and fitting livelihood for preaching of the gospell . wherefore his testimony and resolution in this case is beyond all exception , sufficient to convince and silence all gainsayers th●n and now . ix . the verity of this proposition is thus demonstrated from tim. . . titus . . joh. . . which prescribe this as one speciall qualification of every evangelicall bishop and minister of the gospell , that he must be given to , and a lover of hospitality , a receiver of the brethren , and receiv●r of distressed saints upon all occasions : and yet withall commands and requires ; that he must give himself wholly to reading , fasting , prayer , meditation , exhortation , doctrine , preaching the word in season , out of season , giving attendance on these and other pastorall duties , not intangling himself with the affaires of this life , being separated to the gospell of christ , act. . . tim. . , , , . tim. . . . & . , . rom. . . t●t . . . & . . cor. . . act. . . now this they cannot possibly do without a liberall , comfortable , constant , setled maintenance , unlesse they have good estates of their own , which few of them have , who yet deserve a convenient reward for the work of their ministry from the people : therefor● such a maintenance of right belongeth to them as ministers of the gospell , to enable them to be hospitable and charitable to their christian brethren , and the poor that need relief . x. ministers of the gospell , are to speak , exhort , and rebuke with all authority , and let no man despise them , tit. . . tim. . , . mat. . . now this they can hardly do , if they be poor , beggerly , living upon almes and benevolences of the giddy-headed people , and stript of a competent setled maintenance independent of the vulgars or superiors meer wils and pleasures , which will render both their persons , words , doctrine and ministry contemptible , and lesse authoritative to the people : for the scripture informes us , that poor men are lightly esteemed , sam. . . and therefore david couples these together , psal . . . i am poor ( or small in estate ) and despised . and solomon informes us , that the poor useth intreaties ( speaks not with authority like the richer sort ) prov. . . that the poor is hated even of his own neighbour , separated from him , despised by him , and that all the brethren of the poor do hate him , how much more do his friends go far from him ? though he pursueth them with words , yet are they wanting to him . prov. . . & . . . yea he resolves eccles . . , . that a poor mans wisdome is despised , and his words are not heard ; and that no man remembred or regarded that poor wise man , who by his wisdome delivered the small city that was beseiged by a great king. neither is this old testament , but gospell truth , likewise . jam. . , , , . if there come into your assembly a man with a gold ring , in goodly apparell , and there come in also a poor man in vile rayment ; ye have respect to him that weareth the gay clothing , and say to him , sit thou here in a good place ; and say to the poor , stand thou there , or sit here under my footstool . hearken my beloved brethren , hath not god chosen the poor of this world rich in faith , and heires of the kingdom , which he hath promised to them that love him ? but ye have despised the poor : a fault still common in the world . poor indigent ministers , as well as saints , though rich in faith , are alwayes generally contemptible to the greatest part of men , and their very poverty makes not only their persons , but words and doctrine to be slighted and despised , as these scriptures and experience manifest . wherefore a competent , setled maintenance and revenue , is not only just , but necessary , to add more r●verence , esteem and authority to their exhortations , rebukes , words , and preserve their persons , callings , doctrine from contempt and scorne in the eyes and ears of men : who though they ought to know them which labour among them , and are over them in the lord , and admonish them , and to esteem them very highly in love for their workes sake , th●ss . . , . yet by reason of their inbred pride and corruption , will be very averse to do it , if they be very poor , indigent , and living like beggers upon almes and charity , as our new reformadoes would have them . xi . ministers of the gospell must not seek to please men , but god ; for if they yet pleased men , they should not be the servants of christ . gal. . . neither must they corrupt the word ( as many do ; to humour the iusts , wils or countenance , and carry on the unrighteous , cove●ous , ambitious , oppressive , bloudy , or treacherous designes of wicked men ) fasting , ( yea preaching , praying ) for strife and debate , and to smite with the fist of wickednesse , esa . . . but as of sincerity , but as of god in the sight of god , must they speak in christ , cor. . . now a just , comp●tent , setled maintenance , independent on the governours , magistrates or peoples wils and pleasures , ( such as was the priests and levit●s under the law enjoyed by divine institution ) is the best means and preservative , to keep ministers from being men-pleasers , flatterers , time-servers , and corrupters of the word of god , to humour men ; a great inducement to them to preach the word of god sincerely , and to rebuke and exhort with all authority . whereas a poor , beggerly , mean , dependent minister , whose whole maintenance and subsistence must only rest upon the arbitrary wils of persons in highest present power ( who may out , or strip them both of their callings and benefices , when and for what they please ) or only upon the peoples voluntary contributions , will certainly be a men-pleasing , time-serving , flattering , unsincere , and word corrupting ministry , studying more to please and favour those by and from whom they have their livelihood , then to please god ; and fitting their preaching and praying to their opinions , tempers , factions , parties , designes , holding alwayes with the prevailing strongest party , and wresting the scriptures to support their very errors , vices , sins , and most unrighteous , treacherous , perfidious , oppressing practises and bloudy usurpations , not daring to displease them , as * ecclesiasticall histories record , and our own experience can sufficiently testifie in these late whirling times and changes , as well as in king ‖ edward the . queen maries and quen elizabeths reigns , when our religion suffred so many publick alterations , and most ministers theu changed their peoples opinion and religion with the times . hence the scripture records this , as one of jeroboams policies to keep the people and kingdome from returning to the right heire , king. . , , , &c. ch . . , . that he made priests of the lowest ( or poorest ) of the people , who were not of the sonnes of levi , and placed them in bethel : who being poor , mean and depending on him for their salaries , readily sacrificed to his golden calves , offered upon the altar which he had made in bethel , and observed his new prescribed feasts : which the priests and levites that were in all israel , having la●ds , suburbs and a setled maintenance , refused to do . whereupon jeroboam and his sonnes cast them out from executing the priests office unto the lord , and substituted these base idol-priests for the calves , chron. . , , . which became sin unto the house of jeroboam even to cut it off ▪ and to destroy it from the face of the earth . god deliver us of th●s nation from the like atheisticall jeroboam-like policy and practise now , which will certainly prove the ruin of them and their house , who shall put it in execution , if not of our religion and nation , as it did of jeroboam his house , and the k wh●le kingdome of israel . xii . all christians are commanded gal. . . as they have opportunity to do good to all men ( to relieve their wants ) especially to the houshold of faith . therefore they are in an especiall manner bound to do good to their ministers in maintaining them , and communicating to them in all good things , as he resolves v. . the rather because we have this precept thus seconded , heb. . . but to do good and communicate forget not ; for with such sacrifice god is well pleased : ( coupled with this injunction ) obey them that have the rule over yon , and submit your selves , for they watch for your souls , as they that must give account , that they may do it with joy and not with grief , for that is unprofitable for you . wherein these . conclusions are positively asserted . . that christians must not only obey their ministers , but likewise do good and communicate to them in all good things the want . . that this is so farre from being unlawfull ; that it is a sacrifice well pleasing unto god. . that ministers deserve not only obedience but maintenance from the people . . because they have the rule over them . . l because they watch for their souls . . because they must give an account to god for them . . because it will be a great encouragement to them to discharge their duty with joy , not with grief . . because the not doing it , will both grieve the ministers , and be unprofitable to the people in regard of their soules and spirituall estate , and also cause god to curse and blast them in their temporall estates , mal. . , , , ▪ . whereas the doing thereof will be advantagious to them in both . powerfull reasons and motives to convince all of the justice of our ministers maintenance , and to induce them chearfully to render it unto them , though due by law , as we know it is . xiii . the very gospell enjoynes all christians , rom. . , . to distribute to the necessity of the saints , and to be hospitable ( not only to those we know , but ) even to strangers . heb. . . and if our enemy hunger , it comm●nds us to feed him , if he thirst , to give him drink ; and not to be overcome with evill , but to overcome evill with good ; seconded mat. , , , , . luke . . to . p●ov . . . whence thus i argue : i● christians must distribute to the necessities , and be hospitable to saints and others , who are m●er strangers to them , yea give meat and drink to their very enemies , and overcome their evi●l with goodnesse ; then it necessarily followes , they must much more distribute to the necessities of , and be hospitable , liberall , and give meat , drink and maintenance to their own faithfull preaching ministers , and recompense their good with good again , else they shall be worse then publicans and sinners , who do good to those that do good to and for them . xiv . this is evident by the practise of the primitive saints and christians recorded in the gospell for our imitation ; who though they paid all civill tributes customes , duties to the civill magistrates , and likewise tithes and other duties to the jewish and pagan priests under whom they lived ; yet they likewise freely and liberally ministred and contributed of their substance and temporall estates towards the maintenance of christ and his apostles , and the ministers of the gospell . hence we read , luke . , . that mary magdalen , joann● the wife of cuza , herods steward , susanna and many others ( of our saviours auditors ) ministred to him of their substance : put , it seems , into a common purse for the maintenance of christ and his apostles , which judas kept ; wh● provided bread , meat and other necessaries out of it ; as is evident by joh. . , . & . , . & . . & . , . compared together . after our saviours resurrection , when the multitude of beleevers at jerusalem were much increased , it is expresly recorded , act. . , to the end , & . , to . that they were of one heart and of one soul ( and oh that we were so again ) neither said any of them , that ought that he possessed was his own , but they had all things common ; neither was there any amongst them ( whether apostle minister or beleever ) that lacked ; for as many as were possessors of lands or houses sold them ( not purchased them , as many do now , who say they imitate the primitive christians ) and brought the prices of the things that were sold , and laid them downe a● the apostles feet ; and distribution was made unto every man ( therefore to every apostle , and minister of the gospell , as well as others ) according as they had need . amongst others , joses a levite of cyprus , having land so●d it , and brought the money and laid it at the apostles feet : the like did ananias with saphira his wife , but bec●use they brought a certain part thereof , and laid it at the apost●es feet , and kept back part of the price of the land , ( which is lesse then to keep back tithes , when due by sundry lawes and ordinances ) and thereby lyed not unto men ( only ) but to god , they both fell down dead sodainly at the apostles feet ( in a miraculous manner ) and were carried forth and ●uried : and great fear came upon a● the church , and as many as heard thereof . we finde in cor. . , , . that though paul preached the gospell at corinth freely , yet he ●ook wages of other chvrches ( at the same time ) to do them service . and when he was present with them , and wanted , that which was wanting unto him , the brethren that came from macedonia svpplied ; that in all things he might keep himself from being burdensome to the corinthians ; ( for reasons expressed by him ) in which respect , of not ministring to him of their substance , he writes , they were inferior to other chvrches , ▪ cor. . . how bountifull the church and saints of philippi were to paul not only whiles present with them and preaching among them , but also absent from them preaching the gospell in other places , and how pleasing this their liberality was to god , he thus records ; phil. . . to . but i rejoyced in the lord greatly , that at last your care of me is revived ; wherein ye were also carefvll , but ye lacked opportunity : not that i speak in respect of want , for i have learned in whatsoever estate i am , therewith to be content &c. notwithstanding ye have well done that ye did communicate with my affliction . now ye philippians know also , that in the beginning of the gospell , when i d●parted from macedonia , no churches communicated with me as concerning giving and receiving bvt ye only : for even in thessalonica ye sent once and again to my necessity . not because i desire a gift , but i desire fruit that may abound to your accompt . but i have received all , and a●ovnd and am fvll , having received of epaphroditus the things sent from yov ; an odovr of a sweet smell , a sacrifice ac●eptable , wellpleasing to god. but my god shall supply all your needs , according ●o his riches in glory by jesus christ ; now unto god and our father , be glory for ever and ever amen . and in tim. . , . . he makes this memorable testimony and prayer for onesiphorus : the lord give mercy unto the house of onesiphorus , for he often refreshed me , and was not ashamed of my chain : but wh●n he was in rome , he sought me out very diligently , and found me : the lord grant unto him , that he may ●inde mercy of the lord in that day : and in how manythings he ministred vnto me at ephesus thou knowest very well . from all which precedents coupled together , these conclusions naturally , and necessarily arise : . that it is not only the practise , but duty of the saints and christians under the gospell , chearfully and liberally to contribute to the apostles and ministers of the gospell ; and that not only whiles they are actually preaching and resident amongst them , but whiles absent , preaching the gospell in other places , or suffering for the gospell in bonds and prisons , if their necessities so require . . that they ought not only barely to supply their necessities , when they are in want ; but in such a plentifull manner , that they may truly say , we abound and are full , blesse god for , rejoyce in their peoples liberality , pray god for a blessing upon them and theirs . . that in cases of necessity , when the wants of the apostles , ministers and saints of god require it , christians are only not bound to pay them the tithes of their lands and other setled dues , but even to sell their very lands , houses , estates , and lay them down at the apostles and ministers f●●t for their common supply ; as the primitive christians did ; they being not reall proprietors , but meer stewards of their worldly estates ; which as they all proceed from gods hand , gift , blessing ; so they are still , gods own , not mans ; and therefore in such cases , to be chearfully expended for the maintenance and supply of the necessities of his ministers , servants , worship : chron. . , , , , , . tim. . , , . . that the maintenance of the ministers of the gospell , is not meer pious almes , ( as some have held ) but wages ; which though paul ( for some speciall reasons ) received not from the corinthians , yet he did from other churches , under the name of wages . . that niggardlinesse , and not contributing towards the maintenance of painfull ministers , is a shame , infamy , and dishonour to a church and people , making them inferiour to all other churches . . that peoples liberall and bountifull contributing to the apostles and ministers of the gospell , is a great joy , comfort , encouragement to them , and a means to enlarge their hearts in prayers to god for spirituall and temporall blessings on them and their housholds . . that bountifull and chearfull contributions to the apostles and ministers of christ , is not only a well doing , or good work , but an odour of a sweet smell , a sacrifice acceptable and well pleasing unto god , though it stinks in the nosthrils of many covetous earth-wormes , and pretended godly saints now adaies . . that liberality to the ministers of the gospell , and paying them their just deserved tithes and dues , is so farre from impoverishing and hurting men , that it redounds to their spirituall accompt , and temporall too ; causeth god to supply all their wants , and to blesse them and their families with spirituall , temporall and eternall mercies and rewards ; as the severall cited sc●iptures , prov. . , . mal. . , . mat. . , . mtr. . . cor. . , to . king. . , to . king. . , to . most abundantly prove . . that the wilfull d●taining , withdrawing of any thing solemnly devoted to the necessa●y maintenance of the apostles and ministers of the gospell , brings exem●plary curses and judgem●nts on those who are guilty thereof , as the examples of an●nias and sa●hira testifie , compared with mal. . , , . ha● . . , , , & ▪ , , , . further illustrating it : which all sacrilegious inv●ders , plundere●s , detainers , oppugners of our ministers ancient established maintenance , tith●s , d●es , may do w●ll now seriously to ruminate upon , and then reform their practise , or else renounce their p●●tended christianity and saint hip , so much swarving from the recited precedents of the first and purest christians . xv. this is further proved by mat. . . luk. . . all things whatsoever ye would that menshould do unto you , do even so to them , for this is the law and prophets ; yea and the gospell too ; thus twice enjoyning it , from christs own mouth . whence thus i argue . all estates , callings and professions of men whatsoever , whether kings , princes , rulers , judges , magistrates of all sorts , lawyers , physicians , chirurgeons , merchants , artificers , traders , husbandmen , labourers of all kindes , sea-men ; yea and all generals , commanders , collonels , captains , governours of forts , and common souldiers whatsoever , with all officers in their respective offices and imployments , do and justly may by the law of god , nature , nations , expect and receive a just , certain comfortable salary , reward , hire , maintenance and subsistence for their respective pains , workes , imployments and exercises of their callings , and hires from those that do imploy them , or for whose good they worke and serve . therefore by the self-same lawes and rules of common , naturall , morall justice and equity , all ministers and preachers of the gospell may justly expect and receive the like , from those to whom they preach ; else all others whatsoever must ex reise their respective offices , callings , trades , imployments , studies , labours freely , without expecting or receiving any stipend , wages , reward or maintenance , as well as ministers . and great reason is there that the painfull and fai●hfull ministers of the gospell should receive a liberall , comfortable , competent , setled maintenance and reward for their ministry , as well as any other callings , or professions of men , or as any officers or souldiers in the army , between whom alone and ministers i shall here only make the parallel , because they most violently oppugne our ministers maintenance ( if not their ministry too ) of all other● i have yet con●erred with . first , all able , learned , judicious , pious ministers , skilfull in the originall tongues , and learned languages , wherein the scriptures were penned ( very necessary for them to understand ) able soundly , judiciously , like workemen who need not to be ashamed , to defend the truth of the gospell , to stop the mouthes of blasphemers , heretickes , seducers , that oppugne it , and to divide and preach the word of god aright as they ought . else they hardly merit the name of able ministers , cor. . . tim. . . . tim. . . & . , , , . tit. . , , . but rather of pratlers and wranglers , under standing neither what they say , nor whereof they affirme , wresting the scriptures to their own and others destruction through ignorance and want of learning , . pet. . . ( the case of many unlearned usurpers of the office of teachers now ) all such before they can be fit for the worke of the ministry , spend sixteen or twenty years time , and hard study day and night at their books in schools , and universities , and double the years , study , industry , that most other artists ( except lawyers and physicians ) spend in fitting themselves for , and in learning their trades and professions , whereas all common souldiers , yea many officers and commanders of late times , rush just like their horses , into their worke , calling , without one years , weeks , days preparation , study or practise in the warres , learning their trade of souldiers and commanders , after they are listed , as such , by practise and experience only without study . . most ministers or their parents and friends are at very great expences for many years time in fi●ting them for the ministry , both in schooles and in our universities ; whereas all our souldiers and army officers were at no expence at all , receiving full pay , as such , from the first day of their listing , and many of them advance money to boot , before any practise at all or judgement in their art ; learning their military skill , not at their owne , but the peoples great costs . . learned ministers both before and after their admission into the ministry , are at great charges to furnish themselves with bookes and libraries , necessary for their calling : whereas our officers and souldiers are and were furnished with all sorts of armes and ammunition fitting for their calling out of the publick treasury only , which continually recruites them when lost in service . . the calling of the ministry requires men of far more able parts and eminency of gifts ( whereby they might gain far more worldly wealth , riches and honours in many other callings , then they do or can do by the ministry , by which they are commonly losers in respect of worldly gains ●and preferments , a thing very considerable ) then the calling of an ordinary souldier , or most warlike officers doe ; as experience manifests , and i thinke most soldiers and officers will acknowledge ; and thereupon must admit them proportionable allowance to their parts and work in the ministry it selfe . . ministers when once entred into their callings , are alwayes day and night upon constant duty , without intermission ; their whole lives being so taken up with study , preaching , catechizing , praying , fasting , exhorting , admonishing , reproving , comforting , visiting the sick in body , troubled in minde , resolving doubts of conscience , and other ministeriall duties as well private as publick ; that they have most of them scarce one spare day or hour all the year to imploy in other affaires , for their owne advantage in worldly things . whereas many of our army officers and souldiers lie idle in their quarters many months ( if not years of late together ) without any actuall service , and yet receive their full constant pay ; and those in actuall service and garisons , do that they call duty only by turnes ; once or twice a week ; and then but for two or three houres in a day , being then successively relieved by others ; having sufficient time every day and week not only to follow their private trades , if they please , necessary , usefull , beneficiall to others , but also to exercise merchandise and other gainfull worldly imployments and offices , to which they were never trained up , whereby most of them are grown richer then most of our ministers in halfe the space they were fitting for their ministry before they received one penny profit by it . as for our officers , they seldome do any duty , have all their men-servants listed under them , and paid by the people to do them service only , being exempt from duty ; and how seldome they have been of late times at their quarters upon their duty as souldiers , but otherwise sitting in counsell to advance their own power , estates , and pull down all above them , to intrude themselves into their places , we all see by experience ; contrary to the apostles precept , tim. . . no man that warreth intangleth himselfe with the affaires of this life , that he may please ( not supplant ) him who hath chosen him to be a souldier : and to john the baptists injunction to souldiers , luke . . do violence to no man , nei●her accuse any falsely , and be content with your wages . which ungospell practises i wish they would first reforme , by conforming themselves unto this precept , before they reforme our ministers or their setled wages ; a thing beyond , if not against their calling . . the calling of ministers , as it is every way farre more laborious , as perillous and full of hardship as that of souldiers , cor. . , to . & . , , , . tim. . , , , . & . ▪ , . & . , , . so questionlesse it is far more honourable , necessary , usefull , beneficiall to others then that of souldiers and commanders ; for they are the very embassadors of god himselfe , and jesus christ ( the m king and lord of glory , the king of kings , and lord of lords , the prince of the kings of the earth , and only potentate , to whom all other powers and kne●● must bow ) beseeching men in christs stead to be reconciled to god , cor. . . the ministers , servants , messengers of jesus christ , workers together with him , stewards of the mysteries of god and the glory of christ , cor. . , . cor. . . & . . tim. . . imployed to preach to sinfull men , the unsearchable riches of christ , to turne them from darknesse unto light , and from the power of satan unto god , eph. . . act. . . to rescue their souls from the slavery and power of sin , satan , hell , death , everlasting damnation ; and make them the sonnes of god , heirs and coheirs with christ of everlasting glory and felicity in gods heavenly kingdome , through the power of gods grace and spirit working in , with , by and through their ministry on their hearts . now the calling of a souldier though it be honourable , and in n some cases lawfull and necessary , if rightly managed ; yet , it is for the most part sinfull , hurtfull , pernicious , dangerous and unbeseeming the gospell , in respect of the cause , managing , abuses thereof ; o it being accompanied with murther , violence , rapine , treachery , perjury , sacriledge , cruelty , inhumanity , profanenesse , blasphemy , contempt of god , of all sacred , civill lawes and ordinances ; ambition , treason , and the worst of sins ; tending usually ( like an overflowing deluge ) to the subversion , desolation , ruine of whole families , cities , countries , kingdomes , churches ; yea , mankinde it selfe , religion , lawes , liberties , properties ; turning whole f●amous cities into ashes , and kingdomes into golgatha . s , acheldamaes , ( fields of bloud and dead mens sculs ) very wildernesses , as the p scripture , histories and experience manifest . hence god styles great warriers and armies ; the rod of his anger , a battle ax with which he breaketh in pieces the nations , destroyeth kingdomes , and treadeth them down like the mire in the streets ▪ and then at last destroyes them in his wrath , when they have executed his judgements , for their rapines , violence and bloudy cruelty , isa . . , &c. jer. . , &c. they being really carried on from one war to another , out of vainglory , ambition , covetousnesse , a mad humour of false greatnesse ; et nullus supra caeteros eminendi modus ; in sua fata pariter , ac publica ; to their own and the publick ruine ; yet still under a pretext of publick good and safety ; as seneca excellently writes in his epistle ( a piece worth the reading ) of alexander the great , caesar , pompey , marius , qui cum omnia concuterent , concutieb antur ; et cum mult is fuerunt mali , pestiferam illam vim , qua plerosque nocuerunt , ipsi quoque sentiunt . and indeed the profession of a souldier even in the best of men and warres , is so full of danger and pollution , that it leaves some scars of sin , and tincture of pollution on them . whence we read , that though david were q a man after gods own heart , and r fought the battels of the lord against his professed enemies by his speciall command , with constant successe ; yet god would by no means permit him to build an house and temple to him , for this very reason , because he had been a man of warre , and made great battels , and shed much bloud upon the earth in his sight ; and the . israelites , who by gods speciall command went up to war against the midianites , and slew them , retu●ning with victory and great spoyle without the losse of one man though treble their numbe● , when as they came backe from the war , were all of them whosoever had killed any person , or touch●d any slain , enjoyned by god and moses , to remain without the camp seven dayes , and to purifie themselves on the third and seventh day , as unclean and polluted persons , numb . . , , , . and all the officers , and captaines of hundreds and thousands in the host brought an oblation , what every man had gotten of jewels , of gold , chaines , bracelets , rings , ear-rings and tablets , to make an oblation for their souls before the lord , v. , , . such a stain and guilt was there adhering to their war-like calling , in this best of wars against gods professed idolatrous enemies . and may not all officers and souldiers then justly fear and find a deeper guilt of sin and stain of bloud , then was in david or those officers and souldiers adhering to their persons and profession in our unnaturall , uncivill wars , even with , and against their very christian , nearest , dearest brethren , friends , kindred , neighbours of the self-same reformed religion , and thereupon make the like or a far richer oblation then they did , not of their spoyles and gaines by war , as atonement for their souls , in stead of provoking god and encreasing their guilt , by seeking to spoil his faithfull ministers of their long enjoyed maintenance ? in all these . particulars wherein the calling of ministers excels in merit that of common souldiers , captaines and officers of war ; both in respect of time , study , costs , labour , diligence , parts , danger , honour , excellency , use , profit , and necessity ; ( to which i might add , that the ministers frequent teares and prayers in times of war , and judgements , are far s more prevalent , beneficiall a●d victorious then the souldiers armes ; besides their constant use and benefit in dayes of peace , when souldiers are needlesse , uselesse : ) i refer it to the unprejudiced judgements and consciences of all rationall christian men and souldiers themselves ; whether our faithfull preaching ministers be not worthy of as large , as liberall , as constant , setled , honourable , and coercive a maintenance from the people , as any souldiers , officers , captaines , collonels , majors or major generals whatsoever , if not a better and larger salary and reward then they enjoy , for the premised reasons ; when as yet some ordinary souldiers and troopers receive as much or more pay by the year , as many of our godly ministers ; and every ancient , serjeant , lieutenant , as much as the most and best beneficed ministers ; and most captaines , collonels and majors five or six times more then our ablest , best deserving ministers ; and some generall officers have received , gained more in few months or years at least , then hundreds of our meritorious ministers put together can gain in all their lives by their ministry ? how then can they tax them as covetous , oppressive , caterpillers of the people by their ti●hes and duties , for receiving only . . . . . . or . l. a year ( and very few of them more or so much ) from the people , by an ancient right paid once a year , when as they receive ten times more from the impoverished people , and at least the tenth part or more of all our poor ministers livings by mon●hly enforced contributions , and y●t will neither give them the tenthes of their pay and spoyles of war ( as abr●ham and others did gen. . . heb. . , . chron. . , , . ) nor ( many of them ) pay their own tithes , and endevour to hinder others , though willing , from paying them any tithes or dues , to which they have a juster right then they have to their pay and enforced contributions , against all t aneient lawes and statutes as now imposed and levied , esp●cially on the clergy , who were never taxed or charged either by u lords or commons in former ages , but only by themselves , by their o●n free grant● ▪ in parliament and convocation by speciall acts , as our records and printed seatutes manifest . or with what face , reason or con●cience they can seek to deprive them of all their tith●s , glebes and other legal setled coercive stipends , amounting to so small a value , as now they do ; when as themselves receive far more setled constant pay , levyed with the greatest rigour and extremity on the exhausted peoples every month or quarter ; and some of them have many military , besides civill gainfull offices and imployments , and that in severall kingdomes , amounting to thousands , and tenne thousands by the year , when few ministers now enjoy one or two hundred pounds a year de claro , and most not sixty , all taxes deducted ; and must hardly be suffered to hold two adjoyning petty benefices , to make up . or . l. a year , without much clamour , censure and danger of deprivation : when as they can hold so many gainful , incompetent pluralities in these necessitous times ; and when as popish , pagan , mahomitan and aegyptian priests enjoy far more then our best deserving clergy at this day , without their officers , souldiers , clamours or opposition . having thus made good the proposition by these scriptures and reasons , to which i could never yet hear the least colourable answer given ; i now proceed to answer such objections , as have been , or may be made against it . object . the first objection is from mat. . . where when christ sent out his apostles to preach , he saith unto them , heal the sicke , cleanse the lepers , raise the dead , cast out devils ; freely ye have received , freely give . whence some inferre , that ministers and apostles of christ , are here enjoyned by him , to preach the gospell freely , without receiving any wages , reward or recompence for it , because they freely received their power and commission to preach the gospell , without giving money or price for it . to which i answer , answ . . that this clause of , freely ye have received , freely give ; it relates not to their preaching of the gospell , but is annexed only to the precedent words ; heal the sicke , cleanse the lepers , raise the dead , cast out devils ; which they are commanded to do freely without any wages , hire or reward ; having freely received this miraculous power of healing the sicke , &c. from christ , who did it freely ; and that to gain credit to the truth of the gospell , which was confirmed , credited , propagated by these free miraculous workes . marke . , , . act. . , to . & . . to . & . , , , , . & . , . which power of working miracles when simon magus would have bought for money of peter ; he said unto him , thy money perish with thee , because thou hast thought , that the gift of god may be purchased with money . thou ●ast neither part nor lot in this matter , for thy heart is not right in the sight of god : repent therefore of this thy wickednesse , &c. act. . , to . . he is so far from enjoyning them to preach the gospell freely without recompence , that he allowes them to take a recompence for it , closing it up with a contrary clause , for the labourer is worthy of his m●at and hire , v. . and recited luke . . where the objected words are omitted , as likewise marke . . our new mechanick predicants to separate conventicles , who urge this text against ministers maintenance , should , receive no money , gift or recompence for their prating from their disciples , no more then our ministers ; who yet gain far more from deluded blind followers of the blind , then many of our ministers get by their ministry ; and more then ever they ●arned by their trades before , which makes them wholly to desert them and turne tub-preachers . . this sentence can no wayes be truely applyed now to ministers ; for though they receive their ministry and orders freely without purchase ( which some bought for money heretofore ) yet their preparation for the ministry costs them many years study and pains , them , their friends and parents many a pound , as i sormerly proved ; whereas the apostles received the miraculous gift of healing &c. immediately by divine inspiration , without study or cost . . if those who receive any office , commission , or place freely ; must discharge it freely without any reward , pay , as some army officers and souldiers hence conclude against our ministers ; then all our souldiers , and other military officers by sea and land , must henceforth at least ( and should have done heretofore ) serve their country freely without receiving any pay , reward , or contributions from the people ; since i conceive few or none of them ever bought their offices , places , commissions , or paid any money for their listing ; yea then all other publike officers ( reall or pretended ) must serve their country gratis , unlesse they purchased their offices from those in late or present power ; and then they are ipso facto void by the statute of e. . c. . against buying or selling of offices . now upon this condition , that all soul di●s military and civill officers will henceforth serve their country freely without pay or recompence , for the oppress●d peoples future freedome from long unsupportable monthly taxes , impositions , excises ; i dare presume all or most of our ministers will be content to preach the gospell freely to the people likewise , without tithes or other dues , for so long a time , as the souldiers and officers shall freely serve our nation ; and i suppose all ministers in scotland and ireland will do the like ; if the officers and souldiers there will first really begin the precedent . which if they here and there refuse , they must give ministers leave to enjoy their ancient tithes , dues , stipends for preaching the gospell , so long as they demand their former pay and salaries ; and renounce the objected text , as fatall to their own wages , as the ministers , unlesse they dearly bought their offices and commands , and did not freely receive them ; which if true ( as i presume it false ) very few of them would publickly acknowleuge . object . the second objection ( most urged to me by some pendennis souldiers , whiles there a prisoner under their gards ) is the example of the apostle paul , who staying and preaching at corinth a year and six monthes , because he would not be burdensome , but preach the gospell freely to them without charge or reward ; wrought with his own hands , and got his living by making tents ; as is recorded , act. . , , , &c. & . . cor. . . & . , , , , , . cor. . , . & . , , , . the like he did among the thessalonians , labouring night and day , because he would not be chargeable to any of them , when he preached unto them the gospell of god , thess . . , . thess . . . from whence they conclude , that all other ministers ought to preach the gospell freely , and to labour with their hands day and night in some other calling to supply their necessities and maintain themselves and ●amilies , that they may not be chargeable to the people . answ . to which grand argument ( requiring the first reply ) i answer , that this generall inference from p●●●s particular practise in these two churches , is very same and unsound ; for , . paul expresly resolves , that all apostles and minister● of the gospell have a just right and power to receive a competent maintenance as wages from the people , and most strongly proves it to be an ordinance of christ himself , in some of the objected texts , as i have at large demonstrated ▪ . he likewise declares ( with a salvo jure , ●s lawyers speak ) that himselfe had such a just right and power to receive wages and maintenance from the very corinthians and thessalonians themselves , as well as others , though he made no use of his power : witnesse , cor. . , , . where thus he expostulates , have we not power to eat and to drinke , and to reap your carnall things , for so●●ing u●t● you spirituall things ? if others be part●kers of this power over you , are not we rather ? neve●thelesse we have not used this power . and thess . . , . neither did we eat any mans bread for nought , but wrought with labour and travell night and day , that we might not be chargeable to any of you ; not becavse we have not power , but make our selves an example for you to follow us , &c. we have much talke and crying up of late , have we not power , power , and present power , in most grandees mouthes and publick papers ( especially souldiers who carry it by their sides ) in st●ad of old language , law , liberty , right , freedome ▪ the things they say they fought for on the peoples behalf , who pay them ; which words and things , have we not , the greater cry of power , &c. hath made us not to have and quite swallowed up . i wish all such who presse these texts against ministers tithes , and most use these words have we not p●wer , ( if derived from god , or the apostle who thrice mentions it in these texts ) would only use and speake it in the apostles sense and language , ( if not assuming , usurping , but utterly disclaiming the reall practise and abuses of it in his self-denying words ( worthy to be written in capitalls that all persons of , or in power may now read and practise it ) never thelesse we have not used this power , but wrought with labour and travell night and day , that we might not be chargeable to any of you , to make our selves an ensample for you ( ministers ) to follow us : then we should be no longer over-charged with endlesse taxes , excises , &c. by , for , or from any who have power , nor grieved with any fresh changes of lawes , church , government or ministers setled maintenance , but be a free state and nation indeed , as some have long promised to make us , but still the quite contrary way in direct opposition to the apostles , neverthelesse we have used and will still use this power , that we might be chargeable ( yea very chargeable ) to every of you : therefore no wonder our ministers ( in their affected sense ) do the like by their example , in exacting of their tithes and dues , till they disclaime the use of their iron power , in imposing , levying new taxes and excises , on ministers as well as people , in strange untroden wayes , to pay their own and souldiers salaries to support their self-●reated power in the highest strain of exercise , which they condemne in ministers in a far more inferior degree ; who questionlesse may lawfully make use of it , as paul himselfe might have justly done , as he resolves , though he suspended its naturall exercise . . paul records speciall reasons why he made no use of this his evangelicall power , but laboured with his hands . . that he might not hinder the gospell of christ among the corinthians , cor. . . they being then most of them pagans , the rest but newly converted to the gospell by his preaching , and all of them very worldly and ●ovetous , as he insinuates , cor. . , , . & . . , . & . , , . & . , to . . that he might not seem to abuse his power in the gospell in the opinion of these covetous worldlings , cor. . . . that he might adde to his glory , in undergoing necessities for christ , wherein he gloried ; and adde to his future reward , cor. . , to . & . , to . . and principally , to cut off occasion of slander and reproach from some false apostles , and deceitfull workers and ministers of satan , transforming themselves into angels of light , ( who sought occasion to slander him ) counting his preaching very contemptible , him to be none of christs , and a very reprobate , cor. . , , . & . , . ( as some now esteem our ministers ) seeking a proofe of christ speaking to him , c. . . ( as they do in our ministers ) glorying ( as some of the same tribe do now ) that they preached the gospell freely , and wrought with their own hands ; whereupon he addeth , that wherein they gloryed , they might be found even as he , cor. . , , . which false apostles and dissembling hypocrites for all their brags , did yet enslave , take of them , fleece and abuse them , more then any faithfull ministers , and yet they patiently endured it ; as he there thus insinuates , v. . for ye svffer if a man bring yov into bondage , if a man devovr yov , if a man take of yov , if a man exalt himselfe , if a man smite yov on the face ▪ taxing their wisdom : for ●his asinine sottish stupidity ; when as neither paul himselfe , nor titus , nor any other of those ministers he sent unto them , did either burden , or catch them with guile , or make a gain of them , as these false apostles , domineering hypocrites , and ministers of satan did ; cor. . , , . these were the reasons expressed by him , why he took no wages of the corinthians , and supported himselfe with his own labor . but this is not our ministers case , after our so long enjoyment of the gospell , and their enjoying of a setled maintenance by tithes and glebes x about . years space , so long since setled on them by our devout saxon kings , and continued ever since . when our ministers have the self-same reasons as paul had , to move them to pursue his objected practise ; i doubt not but they will chearfully imitate it , for the advancement of the gospell , and winning souls to christ . the reason why he exercised not this power among the thessalonians , labouring amongst them night and day to support himselfe , was much different from the former ; thus recorded by him ▪ t●●ss . . , to . when he was among them he heard , that there were some who walked disorderly , working not a● all , bvt were bvsy bodies ( just such as o●●●●ew preaching weavers , ginger-bread-makers , smi●h● , souldiers , and other mechanickes are , who give over thei● trades and working , to busie themselves only in gathering new conventicles , new moulding our church , state , and preaching openly and in corners every wh●re to carry on their own worldly designes : ) whereupon he then commanded them that if any ( such busie-bodies ) would not worke ( but forsake his calling ) neither should he eat : ( a very good gospell-law , if duly executed , to quell all such busie-bodies ) and upon this occasion , not because he had not power , but to make himselfe an example for them to follow , ( and encourage these busie-bodies , with all other loyterers to labour ) he refused to eat any mans bread freely , but wrought with labour and travell night and day , that he might not be chargeable to any of them . and b●cause this his example did not reforme whiles he was present , but some such idle bodies still continued their practise notwithstanding ; he gives them this new precept in and by this epistle , vers . . now them that are such we command , and exhort by our lord jesus christ ( and o that our prating busie-bodies who step out of their own callings into other mens and ministers too , would hearken and obey him ! ) that they with quietnesse worke , ( or , do their own worke , as some translators render it , not other mens ) and eat their own bread : ( not live upon other mens trenchers , sweat or labours , as thousands do now ) and , if any obey not our word , signifie ( or note ) that by an epistle , and have no company with him ( then he will be a separatist in good earnest ) that he may be ashamed ; yet count him not as an enemy , but admonish him as a brother . if our ministers working with their own hands at our preaching m●chanicks trades , would reduce them to follow their trades , and give over busying themselves in ministers and other mens publick callings and state-affaires , i presume many of them would fall a working for a time for such a good end : but ●ince p●uls own example in this kind did not reclaime such busie-bodies then ; whereupon he prescribed another more effectuall remedie , if duely put in execution by ecclesiasticall and civill magistrates : our ministers ( who have lesser hopes to reclaim them now by such a practise , which would give scandall unto many , and make them neglect their proper function ) have neither reason , nor precept to follow this his singular voluntary precedent upon this ground of his , which is no way●s binding to them . . though paul himselfe then laboured among the corinthians and took no wages from them ; yet he received wages from other churches at the same time , to supply their lacke of service unto him ; cor. . , . which by way of sarcasme ( to upbraide their covetousnesse , tenacity and ingratitude towards him ) he calls , robbing of other churches ; because it was to doe them service , not those churches : not that it was robbery indeed ( as some ignorant asses judge it who understand not rhetorick and eloquence ) for in the next verse he styles it , a supply ; and phil. . , , . a communicating to his nec●sities ; a well-doing , a fruite abounding to their account , as well as to his rejoycing , an odour of a sweet smell , a sacrifice acceptable and well-pleasing unto god ; and wages in the self-same text ; therefore no unlawfull robbery . . though the niggardly co●inthians saved their purses by pauls labour and free preaching , yet they gained no honour , but disgrace and sharp censures from him for it : witnesse cor. . , , . even unto this present houre we both hunger and thirst , and are naked , and are buffeted , and have no certain dwelling place ; and labour working with our own hands , &c. i write not these things to shame you , but as my beloved sonnes i admonish you : ( of their harsh , ingrate , despitefull carriage towards me , which makes my condition so uncomfortable : ) which he thus seconds , cor. . , . have i committed an offence in a●asing myselfe , that you might be exalted , because i have preached the gospell of god freely ? i robbed other churches , taking wage● of them to do you service . and ch . . , , , . t●uly the signes of an apostle were wrought among you in all patience , in signes and wonders , and mighty deeds ; for what was it wherein ye were inferior to other chvrches , except it be , that i my self was not burdensome to you ? forgive me this wrong : behold , the third time i am ready to come to you , and i will not be burdensome to you , for i seek not yours but you , &c. and i will very g●adly spend and be spent for you , though the more aboundantly i love you , the lesse i be loved . whence all may learn , that it is a great disparagement , stain and certain signe of want of love both to the ministers and ministry of the gospell , for any church or people to suffer or enforce their minister to hunger , thirst , be naked , and to have no certain dwelling place , and to labour working with his own hands , that he may preach the gospell freely to them : and such kinde of ungratefull , ungodly people , who cause ministers thus to spend and be spent for them , will be so far from loving or respecting them for it , that the more they love them in this kinde , the lesse they will probably love them again , as the corinthians did paul : who traduced and slandered him , as no true apostle , a weake contemptible preacher , and a very reprobate , in stead of commending him for his extraordinary paines and cost , in preaching freely to them , cor. . . & . , . & . , , . who then would hearken to , or gratifie such perverse beasts , and unthankfull hypo●rites , though appearing in the shapes of saints , and notion of the godly party , ( or rather un●odly faction ) against our ministers and their maintenance ? though paul thus laboured night and day with his own hands to maintain himself and preach the gospell freely , yet it followes not hence , that all other ministers now should do it . . because he being an inspired apostle and able to preach by immediate inspiration and revelation from god without study or premeditation ( as is probable ) his labour in this kinde , was no hindrance to his diligent , constant , powerfull preaching . but no ministers now ( being thus immediately inspired ) must study and meditate day and night for what they preach , and examine their doctrines seriously by gods word before they vent them : whence paul enjoynes even timothy himself , tim. . , , . to give attendance to reading , to exhortation to doctrine , to meditate upon these things , and give himselve wholy to them , that his profi●ing might appeare to all men : and to take heed unto his doctrine : which he could not do , if he should labour night and day with his hands as paul did , to support himselfe and preach gratis : wheresore he tels him , tim. . . that no man that warreth ( a spiritual warfare as he and other ministers do ) intangleth himself with the affaires of this life ; that he may please or serve him who hath chosen him to be a souldier . a direct inhibition to ministers to follow pauls precedent ; who cannot serve and please god in their ministry , if they labour day and night in mechanick trades for their living . and upon this ground ( which is very observable ) the very apostles themselves , act. . , , , . calling the multitude to them , said , it is no [ reason ( pray marke it ) that we should leave the word of god and serve tables ( much lesse worke day and night at a mechanick trade : ) wherefore br●thren looke ye out seven men of honest report full of the holy ghost and wisdome , whom ye may appoint over this businesse : bvt we will give ovr selves continvally to prayer , and to the ministry of the word : and the sa●ing pleased the whole mvltitvde . from which texts it is clear , . that the apostles themselves resolve , that they could not exercise the very antient office of a deacon in serving tables , and attending on widowes and other poor , aged , impotent saints , without neglecting , or giving over preaching of the word : much lesse then can ministers labour day and night with their hands at some trade , to maintaine themselves and families , without neglecting and desisting the ministry . . that the apostles and ministers ought to give themselves wholly and continually to prayer , preaching , meditation , reading , and their ministeriall duties , and must not therefore attempt or intermeddle with secular imployments and callings . . that the apostles themselves have punctually resolved , and all the primitive christians unanimously assented to it ; that it is not reason , that they should leave preaching the word of god , so much as to wait upon widowes and poor people at their tables : whereupon they elected seaven deacons to discharge that office . therefore it is far lesse reason , and they are most wicked and unreasonable men without faith or charity , from which god deliver us , and all his ministers , thess . . . who urge it ) to enforce all our ministers to neglect and forsake their ministry , preachings , studies now , to follow handicraft trades to get their livelihood , that so they might preach freely to the people without any recompence . . all godly ministers and people in all ages , and the very objectors themselves of late years have extremely condemned , censured our bishops and prelaticall clergy , together with popes , popish prelates and clergy men for intermedling with , and executing civill offices , imployments and worldly affaires , which necessitated them to neglect the preaching of the gospell , and their ministeriall duties ; whereupon not only many ancient and late councels , synods , but acts of parliament , have specially prohibited them , to be privy counsellers of state , judges , justices of the peace , lord chancellers , treasurers , keepers of the privy seal , stewards of courts , commissioners ; and our very last parliament by severall late acts disabled all bishops from sitting as peers in parliament , and them with all other clergy men , to execute any temporall office , as y incompatible with their spirituall function and an impediment to their ministry : according to the old proverbiall verse , pluribus intentus minor est adsingula sensus . which i have proved at large by testimonies in all ages , in my breviate of the prelates intolerable vsurpation ; printed anno. . my vnbishoping of timothy and titus ; and antipathy of the english prelacy to monarchy and vnity , anno . therefore to force our ministers to become mechanickes , and give themselves wholly to wordly callings or imployments incompatible with their professions , must needs be an irrationall , unchristian project , unworthy the profession or professors of the gospell , not justifiable from pauls example in them that would enforce it . . if this precedent of paul be a sufficient argument to prove , that our ministers ought to worke for their living , and to preach the gospell freely without any reward or coercive maintenance ; i shall then by the selfe same reason prove , that all officers and souldiers of the army who make this objection , and all our publick civill officers approving it , ought likewise to fight and discharge their offices without pay or salary , and to worke with their own hands to get their livings , without oppressing the people with any contributions of excises to maintaine them . . because ministers are both of one profession in severall senses , to wit , souldiers , . tim. . , . as i have formerly proved : therefore to fare both alike in respect of pay or hire . . because god records in scripture , ezech. . . that nebuchadnezzar king of babylon ( even by gods appointment ) caused his army to serve a great service against tyrus ; every head was made bald , and every shoulder was peeled . yet had he no wages , nor his army for tyrvs , for the service that he served against it . if nebuchadnezzar and his army served god freely against tyre . without wages many years ; should not our present army and officers much more serve god and their country freely without wages ? true it is , god gave them ( after their service fully ended ) not any taxes or contributions from their own country-men or nation , but the land and spoyle of egy●● for their wages , because they ●rought for him , verses , . and if our officers and souldiers will have such wages , it must only be the lands and spoyles of forain egyptian enemies , not our churches , or crowne land or revenue ( formerly easing the peoples taxes , and defraying all garrisons , and ordinary publick expences ) which they now claime and enjoy for arrears of pay . . nehemiah , both a godly souldier , generall and governour of his people records this for his own honour , and others imitation . neh. . , , , , , , . moreover from the time that i was appointed to be their governour in the land of judah from the . even to the . year of ataxerxes the king ; even twelve years , i and my brethren have not eaten the bread of the governor . but the former governours that had been before me were chargeable and had taken of them bread and wine , besides forty shekels of silver ; yea even their servants bare rule over the people ; bvt so did not i ( marke the reason ) becavse of the fear of god. yea , also i continued in the worke of this wall , neither bovght we any land ( as many officers and souldiers do now ) and all my servants were gathered thither unto the worke . moreover there were at my table an of the jewes and rulers , besides those that came unto us from among the beathen that were about us . now that which was prepared for me dayly was one oxe , and six choyce sheep ; also fowles were prepared for me , and once in ten dayes store of all sorts of wine ; yet for all this required not i the bread ( that is , the allowance , salary and revenue ) of the governor ( observe the ground ) becavse the bondage was heavy on this people ( and hath it not for . years space , or more , and still is as heavy or heavier upon us ? ) thinke upon me my god for good according to all i have done for this people . here was a worthy governour , generall , magistrate and souldier , really fearing god , and tendering the ease , liberty and welfare of the people , in good earnest , who with all his officers and souldiers for . years space together , though he and they laboured constantly in building the wall of jerusalem , and he was at so great expence each day for his own table , as governour , yet took no free-quarter , bread , wine , money , wages or salary from the people , as other governours and officers before them had done ; and that because of the fear of god , because the bondage was great upon the people ; expecting only a reward from god. i may safer argue from this scripture precedent ; ergo , all our governours , generals , officers , souldiers fearing god , during all our . years wars , and as long as they and our bondage shall yet continue ; are bound to serve their country freely without taking free-quarter , corne , wine , money , wages , contributions or excises from the people ; and ought not to purchase any lands ; and by consequence are thereupon obliged in conscience to make restitution of all the free-quarter , pay , lands , woods , rents , rewards and publick revenues they have received for their pay , arreares , or rewards of service , expecting their reward only from god hereafter . and so much the rather , because z sir william lewes , mr. denzill holles and col. walter long , . of the xi . members falsely impeached by the officers and army : an. . for engrossing much of the publike treasure , and giving no accompt of what they had received ; were so generous and truely noble , as in their accompts ( long before passed and allowed by the commons house ) to demand no pay at all ; the first , as governour of portsmouth ; the other as collonels in the army under the earl of essex ; mr. holles refusing to accept of the thousands voted him out of the kings revenue for recompence of his former wrongfull imprisonment by the king for his countries good service in parliament . whose precedents their accusers ( at least ) are as far bound to imitate in this kinde , as our ministers are st. pauls . upon which confiderations , i now refer the verity and solidity of this argument from pauls example to the judgements , consciences of all officers , souldiers and others formerly triumphing in it , who upon second thoughts must needs disclaime their own pay , and salaries for the future , or else renounce this grand objection as ridiculous and irrationall . object . the third objection is from the epistle of john vers . , , . where john writes to gajus ; beloved thou dost faithfully whatsoever thou dost , both to the brethren and to strangers : which have born witnesse of thy charity ( or liberality ) before the church , whom if thou bring on forward on their journey thov shalt do well , because that for his name sake they went forth , taking nothing of the gentiles . whence some may inferre ( though i heare not this text urged by any ) that ministers ought now to preach the gospell freely to the people , and to take nothing of them ; because john nentions some such that in his time preached to the gentiles taking nothing of them . to which i answer , answ . . that this text questionlesse was meant of paul ( the apostle of the gentiles , and his companions timothy and titus , who took nothing of the corinthians , cor. . , , , , . ) seeing gajus was not st. pauls companion sometimes , being converted and baptized by him , act. . . & . . cor. . . but expresly styled by him , rom. . . gajus mine host and of all the chvrches ; living then at corinth , where paul preached freely ; to whose precedent i have given a sull satisfactory answer already . . it is evident , that this gajus ( for some time at least ) lodged paul and other brethren ; and was not only faithfull , but charitable and liberall towards them , though the other corinthians were not . . st. john addes , vers . . we therefore ovght to receive svch , that we might be fellow helpers to the trvth ; wherein he concludes it to be a duty incumbent upon all christians , to receive , encourage , accompany and be charitable and liberall to the apostles and ministers of the gospell , thereby to be fellow-helpers to the truth , which otherwise they shall much hinder . so as this scripture fully warrants my proposition , not oppugnes it . object . the fourth objection , is the opinion of our famous english apostle , john wickliffe , who held tithes , and ministers maintenance to be meer almes , whose opinion is largely defended by eminent john hus , in mr. fox his acts and monuments ; edit . . vol. . fol. , to . therefore not due to ministers , but detainable , or payable only at the meer wils of the people , as meer almes to beggers are , which are arbitrary . whereto i answer , answ . . that tithes and ministers maintenance , are not pure almes , nor so styled , by wickliffe , hus , or augustine , or chrysastome ( whom hus citeth ) as if ministers had no right unto them for their paines , as a just debt , hire or wages ; or , as if men might detain them at their pleasure ; since we are expresly not only exhorted , but commanded both in the law and gospell , to give almes to those that want them , and that as debters to them so far as our abilities and their necessities require , rom. . , , . & . . cor. . , . cor. . & . throughout . heb. . . tim. . , , . ephes . . . luke . , . & . . gal. . . compared with deut. . , to . exod. . . levit. . deut. . . prov. . . & . . & . . & . . eccles . . . dan. . . yea the lawes and statutes of our land , expresly enforce and compell men to contribute to the poor as they shall be assessed ; as well as to pay tithes or taxes ; as you may read in rastals abridgement , and daltons justice of peace ; title poor . but they are styled poore almes in three other respects . . because , they were originally given by people to the ministers that mere needy , out of charity and compassion for gods sake , as well as for their work sake . . because ministers after their own wants supplyed , did use to distribute part of them to the poor and needy , as almes , and are obliged still to do it . . because they are poor almes in respect of god , as all other goods of fortune are ; which we both begge and receive from god ; and in this respect they write , evrry man as well kings as emperours , as ministers and priests , are beggers of god. . as they styled tithes almes in these respects , so they likewise granted almes to poore people , and tithes likewise to be a debt ; for every man duly giving almes , doth as he ought to do ; and so he that giveth tithes . . whereas they alledge , that neither doth debt utterly exclude the purity of almes before god : and that it is no. argument , that if the curate do performe his corporall ministry , that he ought therefore to challenge tithes by any civill title : because that as well on the behalfe of him that giveth the tithes , as also in the behalfe of the curate , every such ministry ought freely to be given , and not by any civill exchange . i conceive it both a fallacy and errour in them , being a just debt which may be demanded by a divine and civill right too , when and where setled by a civill law , though freely to be given to the minister , without coertion or suit of law both in point of conscience , and by way of civill exchange too , out of a civill compact or contract . and thus much in confirmation of the first proposition , and refutation of all arguments , i yet know made against it . chap. ii. i now proceed to the proof of the . proposition , wherein the hinge and marrow of the controversie concerning tithes is included . that the maintenance of the ministers of the gospell ( and of places and houses for gods publick worship ) by tithes , glebes , oblations ( yea and spoyles won in battle by generals , collonels , captaines and souldiers ) is not only lawfull and expedient , but the most fitting , rati●nall and convenient maintenance of all other , warranted by direct precepts and precedents , both before and under the law , which doth no wayes abolish or condemne , but approve and confirme this way of maintenance . before ever the leviticall or ceremoniall law was instituted ; as the godly patriarchs built al●ars and houses for publick worship unto god , gen. . , . & . . & . , . & . , . & . . & . . & . , , . & . . & . , , . so they likewise gave tithes to the priests of god. the very law of nature , z engraven in their hearts , before any written morall or ceremoniall law , dictating thus much to them , that , as there was a god who created them , in whom they lived , moved , and had their being ; so likewise this god was to be solemnly worshipped by them , as well in publick as private ; by way of homage , gratitude , and bounden duty , psal . . , to . & . , , , . isa . . , . act. . , , . which worship of his ( expecially when men multiplyed into great and many families , villages , cities , kingdomes , republicks ) could not be decently , orderly and constantly performed in publick , without appointing some certain times and places of worship ; a some certain holy persons and priests to discharge the publick duties and solemnities of their worship ; and some convenient certain portion out of their estates for the maintenance and encouragement of those priests in the execution of their office , on which they were to give attendance . upon which grounds , as the patriarchs before the law from the very creation , ( as b ●any divines infer from gen. . , . exod. . , to & . . & . . deut. . . heb. . . ) dedicated every seventh day to gods peculiar worship , by his example and prescription ; so they likewise offered a certain portion of the fruits of their ground , fields and flockes to god in sacrifice , as a tribute due to him , by and from whom they received , enjoyed all the rest they had . whence the scripture expresly records of cain and abel ( the two first borne of the world ) gen. . , , , . that cain being a tiller of the ground , brought of the fruites of the ground an offering to god ; and that abel being a feeder of sheep , he also brought of the firstlings of his flocke , and the fat thereof for an offering unto the lord. and as most conceive their father adam did before them , by whose precept and example they did it : and after them we read , that noah built an altar unto the lord , and tooke of every clean beast , and of every clean fowl , and offered burnt-offerings on the altar , when he went out of the arke , gen. . . ( which he and his ancesters from the creation in all probality usually practised , though not specially recorded by moses , no more then many other memorable accidents and actions , for brevity sake ) . now these clean beasts and fowles which he sacrificed entring into the arke by sevens : that is , seven of every sort : gen. . , . he offered one of each kinde at least ( and so one of seven ) unto god , who consecrated and reserved one day of seven from the creation to himselfe . what proportion of their goods , abraham , isaac and jacob offered on their erected altars in sacrifice to god , is not expressed , though probably it was such as god afterwards prescribed the israelites , their posterity , not long after by his written law in moses time , augmented upon any extraordinary emergent occasion , though never diminished from its usuall rate . and for the priests encouragement ( directed by the very dictate of nature and reason in forming them , that every labourer was worthy of some competent hire , as christ resolves mat. . . luke . . ) they pitched upon c the tenth of their encrease and gaines of every kinde , as a competent and fitting allowance , guided therein by divine inspiration ( as is most probable , if not infallible ) it being the self-same proportion , god himself afterwards prescribed and ratifyed by his own written law in the old testament , and approved in the new , as i shall manifest by these ensuing scriptures . . that tithes were paid and vowed to god by the religious patriarchs before the aaronicall priest-hood instituted , or leviticall law given , is undeniable by two scripture instances : the first of them is thus recorded , gen. . , , , . that abraham returning victoriously from the slaughter of chederlaomer and the : kings that were with him ; melchisedec king of salem met him , and brought forth bread and wine , and he was the priest of the most high god : and he blessed him and said , blessed be abraham of the most high god , possessor of heaven and earth ; and blessed be the most high god , which hath delivered thy enemies into thy hand . and he gave him tenthes of all. this history is thus recited and amplifyed in the new testament , heb. . . & . , &c. jesus , made an higb priest for ever after the order of melchizedec king of salem , priest of the most high god , who met abraham returning from the slaughter of the kings , and blessed him : to whom abraham gave a tenth part of all ; first being by interpretation . king of righteousnesse , and after that also king of salem , which is king of peace : without father , without mother , without descent , having neither beginning of dayes nor end of life , but made like unto the son of god , abideth a priest continually . now consider how great this man was unto whom even the patriarch abraham gave the tenth of the spoyles . and verily they that are of the sonnes of levi , who receive the office of the priest-hood , have a commandement to take tithes of the people , according to the law , that is , of their brethren , though they come out of the loynes of abraham : but he whose descent is not counted from them received tithes of abraham , and blessed him that had the promises . and without all contradition the lesse is blessed of the letter . and here men that die receive tithes , but there he [ received them ] of whom it is witnessed that he liveth . and as i may so say , levi also who receiveth tithes , paid tithes in abraham . for he was yet in the loynes of his father , when melchisedec met him . if therefore perfection were by the leviticall priest-hood , ( for under it the people received the law ) what further need was there , that another priest-hood should rise after the order of melchisedec , and not be called after the order of aaron ? for the priest-hood being changed , there is of necessity a change also of law &c. i shall draw my observations and arguments concerning tithes from both these scriptures recited , and then answer the maine ( if not sole ) scripture objected against tithes , drawne from the close of the apostles words . . it is undeniable from these texts , that abraham the father of the faithfull , is the first person we read of who gave and paid tithes , recorded both in the old testament and new , for his greater honour and the imitation of all the faithfull . . that he gave and paid tithes to melchisedec , the first priest of the most high god , mentioned in sacred writ . who this melchisedec should be , there is great controversie among the learned ; some affirming him , to be sem ; others a canaanitish king and priest of that name , and d dr. griffith williams very probably and strongly arguing him , to be christ himselfe , then appearing to abraham in his humane shape . i shall not decide the controversie : certaine it is , he was either christ himselfe , or rather a reall type of christs and his eternall priest-hood ; as the apostle oft resolves . . that he was a priest of a far , ancienter , better and more excellent order , then the leviticall priest-hood ; and that this payment of tithes was long before the law given by moses for payment of tithes to the leviticall priests ; and before their order instituted . therefoore tithes ar● not meerly nor originally in their nature jewish or leviticall , ( as some rashly now averre ) nor eternally abolished as such by christs incarnation , and priest-hood , they being originally paid and given , not the leviticall priests but to m●lchisedec , who was either christ himsel●e , or a type of him and his priest-hood , not of aarons . . that this melchisedec , as he had neither beginning of dayes , so he had no end of life , but was made like the son of god , and abideth a priest continually ( in e respect of the truth he typifyed ) as christ himselfe doth , of whom he was a type , who hath an endlesse life ; and because he continueth ever , hath an unchangeable priest-hood ; and is by the very oath of god , made a priest for ever after the order of melchisedec , heb. . . & . , , , , , , , , . psal . . . therefore tithes being first paid to such an everliving , everlasting , unchangeable priest and priest-hood , for the execution thereof ; may and ought to continue and abide for ever , as long as the priest and priest-hood do : and if so , then tithes are still due and payabie to the ministers of christ under the gospell by all the f spirituall seed of faithfull abraham , as well as he and his sonnes after the flesh to the leviticall or aaronicall priest-hood whiles in being ) and that in the right of christ , they being ambassadors representing his person , beseeching men in christs stead to be reconciled to god , cor. . . . forgiving men in the person of christ , cor. . . and in whose persons christ himselfe still speaks unto men , cor. . . whence christ himselfe averres , verily , verily i say unto you , he that receiveth whosoever i send , receiveth me ; and he that receiveth me , receiveth him that sent me : he that heareth you , heareth me ; ●and he that despiseth you , despiseth me ; and he that despiseth me , despiseth him that sent me , matth. . . luke . . joh. . . that what ever is given or paid to them for their ministry is given and paid to himselfe , matth. . . & . , to . and is a sacrifice aeceptable and well-pleasing unto god , philip. . . . that abraham gave tithes to melchisedec for the execution of his priestly office ; and that not in offring any carnall or leviticall sacrifices to god for him upon an altar , but only for blessing him , and rendring thankes and blessing to the most high god for his victory ; which being one chief part of the ministers of the gospels duty still continuing even to blesse the people , and to praise and blesse god for them , and their successes in spirituall and temporall things , rom. . , , . & . . cor. . , , . & . . . cor. . , . . & . , . & . . gal. . . & . . ephes . : , , , , , . & . , to the end . & . , . phil. . , , . & . , . col. . , , . to . & . . thess . . , , . & . . & . . . thess . . , , , . & . , , . & . . tim. . , . heb. . . pet. . , , . & . . pet. . . revel . . , . as likewise to blesse the sacramentall bread and wine for their use , cor. . . mat. . . typifyed , as most hold , by the bread and wine melchisedec brought forth to abraham : is a convincing argument to me , that tithes are no way leviticall or jewish in their primitive institution , or intrinsecall nature , but rather evangelicall ; and are as justly due and payable by all beleeving sons and children of faithfull abraham , to the ministers of the gospell for blessing them , and praying , blessing , and praysing god for them , and other ministeriall duties , as they were by abraham to melchisedec , for performing the self-same priestly duties towards him . . that the scope of the apostle in the hebrews , being to prove the honour , dignity and excellency of the order of melchisedecs ( and by consequence of our saviours ) priesthood above aarons ; useth this as one demonstration thereof : . that he received tithes of the patriarch abraham himselfe , heb. . , , to . whereas the leviticall priests received tithes only of their brethren , that came out of the loynes of abraham . . that even levi himselfe who received tithes of his brethren , paid tithes in abraham , ( being then in his fathers loynes ) to melchisedec , as his superiour , even as the levites under the law paid the tenth of their tithes to the priests , as their superiours , numb . . , , . and this payment of tithes to melchisedec , he recites in the gospell no lesse then five severall times one after another , insisting longer on it then on any other argument , to prove the preeminency of melchisedecs priest-hood above aarons . whence it undeniably followes , . that tithes are not originally jewish and leviticall . . that the receiving of tithes by faithfull ministers now , is no disparagement , but an honour to their ministry and function , as well as to melchisedecs heretofore . . that ministers receiving tithes now , doth no more prove their ministry to be judaicall or leviticall , then it did melchisedecs priest-hood , put in contradistinction to it , and exalted above it by the apostle , even by the very receiving of tithes from abraham . therefore those jesuited and anabaptisticall furies against tithes , who raile against our ministers and their ministry as jewish and aaronicall because they receive tithes , and urge this as a disparagement to their persons and ministry , rejecting tith-receiving ministers , as antichristian and unlawfull ; doe herein argue point-blank against the apostle , and thereby conclude melchisedecs ( and by consequence our saviours priest-hood after the order of melchisedec ) to be jewish , antichristian , dishonourable and unlawfull , because melchisedec received tithes , which to do is the highest blasphemy . . that the apostle informes us , that god had never but two orders of priests in the world . the first , after the order of melchisedec in abrahams dayes ; discontinued under the law for a time , but revived again in our saviour christ , and continuing now for ever in him , compared here to melchisedec , especially in his nature , the seat of his kingdome , the perpetuity of his life , his sacerdotall blessing and in the right of tithes ( as hemingus on the place observes . ) the second , after the order of levi and aaron , abolished and changed by christ ; and that tithes were paid and belonged of right to both these orders of priests , for the exercise of their function by gods own approbation and appointment ; as a just , fitting , righteous maintenance and reward ; which since they cannot now be paid to christ himselfe in person , being ascended into heaven , and there sitting at gods right hand , a great high priest for ever after the order of melchisedec ; there is great justice and reason , they should be still paid to , and be received by his ministers , whom we have alwayes with us ( as well as the poore ) who are vicegerents and g stewards , with whom he hath promised to be alwayes present to the end of the world , mat. . . and that as the properest , justest , best and fitting maintenance of all other , appointed , prescribed by god , and paid by abraham and all the faithfull , before , under the law , and is recited , justifyed , allowed , and no wayes condemned or ab●ogated by the apostle and gods spirit under the gospell . and therefore those who inconsiderately revile and declaime against tithes as h heavy yoakes , jewish burdens , an unequall , unrighteous , wrangling , troublesome maintenance , &c. do herein blasphemously traduce and censure the very wisdome , justice , discretion not only of abraham , and all the faithfull servants of god , approving and paying tithes in former ages , but of god himself who prescribed them , and of the apostle pleading for them , as appertaining to both these orders of gods priests for their maintenance . . here is one notable observation for all the officers and souldiers of the army seriously to consider ( and o that god would fix it effectually on their spirits ! ) that abraham the father of the faithfull ( as the gospell styles him , rom. . . ) returning victoriously from the first warres we read of in the world , gave the tenth of the spoyles taken from the enemy in the warres , to melchisedec the first priest of the most high god we finde in the word or world , and an expresse type of christ , our only high priest , if not christ himselfe , as some affirme : to teach all generals , officers , souldiers , who professe themselves the sons or children of abraham after the faith , to do the like : and ( which is very considerable ) though this victorious generall and souldier was urged by the king of sodome , to take all the spoyle and goods he had taken and rescued from the enemy to himselfe , and to give him only the persons rescued ; which he magnanimously refused , saying , i have lift up my hand unto the lord , the most high god , possessor of heaven and earth , that i will not take from a thread even to a shoe-latchet , and that i will not take any thing that was thine , lest thou shouldest say , i have made abraham rich , gen. . , , . ( and o that all commanders and souldiers now , were as conscionable and just in performing their oathes , covenants and vowes , made with hands lifted up unto the lord , as faithfull abraham was ! ) yet he would not renounce , nor give away gods and the priests portion upon any condition ; but gave the tenth of all the spoyle to them , restoring only the surplusage . and should not our generals , officers and souldiers in these dayes ( who professe and style themselves , the eminentest and most precious saints , and spirituall seed of faithfull abraham ) more really prove themselves such indeed , to god , the world , and their own consciences , by giving the tenth of all their spoyles and gaines of warres to god and his faithfull ministers ( which i never heard one of them yet did ) and making good of their solemne oathes and covenants to god , ( whereof this was one clause i that they shall sincerely , really and constantly endeavour in their severall places and callings , the preservation of the reformed religion , from utter ruine and destruction agai●st all the treacheries and bl●udy plots , cons●iracies , attempts and practises of the enemies thereof ; whereof this in present agitation to deprive our ministers of all tithes and setled maintenance , is one of the principall , which will ruine our ministers , ministry and religion with them ) as faithfull abraham really did ; rather then by endevouring what they can ( as t●o many of them do ) to spoyle them of all their tithes , both prediall , mixt and personall , which they have so long enjoyed , not only by a just , civill right and title , confirmed by prescription , the great charter and all sorts of lawes , statutes and ordinances in ancient and late times , but likewise by a divine warrant , from this precedent of abraham , in stead of giving them the tenth of their spoyles . which practise , if pursued , as it will infallibly demonstrate them to be no reall saints or children of faithfull abraham ( our saviour resolving joh. . . if ye were abrahams children , ye would do the workes of abraham , in paying tithes as he did ) so it will probably exclude both them , and others guilty of it , out of abrahams bosome , luke . . who will never own nor receive those as his friends or children into his bosome , who are such virulent enemies to his most commendable practise , of paying tithes , even of the very spoyles he took in warre . with this argument i have so routed some officers and souldiers , that they blushed for shame , had not one word to reply , and gave over further rayling discourses against tithes , as men quite confounded , and i hope it will have the self-same effect in all others , when they have well advised on it . that they may have no evasion from the dint thereof , i shall answer all cavils i know of to elude it . object . the . evasion is this , that this precedent of abraham in giving the tenth of the spoyles of warre is singular and voluntary , not obliging other souldiers to doe the like , or to devote any of their spoyles to god and his service . to this i answer , answ . . that this practise and precedent of abraham , so transcendently eminent for his faith in the old and new testament , in both which it is recorded ; was undoubtedly written for our imitation and instruction , to do the like , as may be evidenced from joh. . . cor. . . rom. . . thess . . , . heb. . . thess . . . the rather because the apostle heb. . . commands us , to be followers of those who through faith and patience inherit the promises ; and then presently after instanceth in abraham , and fals upon his practise of paying tithes of the spoyle to melchisedec . therefore all christian generalls , officers , souldiers must follow him in paying tithes of all their spoyles , as well as in faith and patience : his precedent , having been the originall impulsive ground of all tithes vowed or paid to gods priests or ministers ever since , of gods subsequent commands to abrahams posterity , to pay tithes to the priests and levites under the law , as the apostle insinuates heb. . , , , . compared together ; and of all lawes , or canons since enacted by christian kings and councels for due payment of tithes to ministers of the gospell in christian realmes and republicks . . i answer , that this practise of his was frequently pursued by generals , officers and souldiers , in succeeding ages , of which we have very memorable precedents in scripture , wherewith i have shamed and confounded souldiers in discourses with them about tithes . it is specially recorded numb . . that when the . officers and souldiers of the israelites under the conduct of phinehas , returned from the slaughter of the midianites with an extraordinary great booty of all sorts ▪ god gave a speciall charge , to levy a tribute unto the lord of the men of warre that went out to battle , and to give it to eleazar the priest for an heave-offering of the lord ( which kinde of offerings was aarons and his sonnes for ever , from the children of israel , as a due almes for their service , exod. . , . levit. . , , . numb . . , , . deut. . . and is coupled with tithes as being of the same nature in the two last of these scriptures ) which tribute was accordingly levyed : and because the prey was first equally divided between them who tooke the warre upon them , who went out to battle , and between all the congregation , which had the other moity of it ; god out of the souldiers moity ( the prey being very great ) reserved onely one of five hundred out of the captives , beeves , asses and sheep , for the priests , which were but few ; and one of every fifty for the levites , of the peoples moity ; the priests share amounting to . sheep , . oxen , . asses , . captives ; and the levites share tenne times so many . after which tribute levyed , the officers which were over thousands of the host , the captaines of thousands and captaines of hundreds brought an oblation to the lord , what every man had gotten of jewels of gold ; chaines and bracelets , rings , ear-rings and tablets to make an aton●ment for their soules before the lord , amounting to sixteen thousand seven hundred and fifty shekel● , ( every k shekel weighing halfe an ounce ) which eleazet the priest took of the captaines of thousands , and of hundreds , and brought it into the tabe●●acle of the congregation ▪ for a memoriall of the children of israel before the lord , numb . . , to the end . here were self-denying saint-like officers , colonels and captaines indeed , after all the former deductions and tributes out of their spoyle , to bring to the priest , and offer up to god all their jewels of gold , chaines , bracelets , rings , ear-rings , tablets and richest plunder they had gotten in the warres , for the maintenance of his worship ; when our officers , colonels , captaines , souldiers shall do the like , and pay a tribute of the best of their spoyles to our ministers , as these by gods command did to the priests and levites , not purchasing church-lands and revenues with them , l devoted to the augmentation of our ministers small stipends ; we will cry them up for self-denying saints and souldiers indeed ; and say , they are no self-seekers . if this scripture precedent be not enough , behold a whole cloud of precedents , imitating them and faithfull abraham , recorded and united in one memorable text seldome read or taken notice of , chron. . , , . which shelomith and his brethren , were over all the treasures of the dedicated things , which david the king , and the chief fathers , the captaines over thousands and hundreds , and the captaines of the host , had dedicated : out of the spoyles won in battles did they dedicate to maintaine the house of the lord ( marke and imitate it o ye army officers , captaines , souldiers ! ) and all that samvel the seer , and savl the sonne of kish , and abner the sonne of ner , and joab , the sonne of zeruiah had dedicated , was under the hand of shelomith and his brethren . here we have examples of all sorts and sizes for our army officers and souldiers imitation . we have david , a victorious warrier , generall , king , and m man of god , after gods owne heart , dedicating the treasures and spoyles he took from his enemies in battles , to the house and service of god , thus more specially recorded for his honour and others practise ; sam. . , . and tol sent joram his sonne to king david to salute him , and to blese him , because he had fought against hadadezer and smitten him , and brought with him vessels of gold , and vessels of silver , and vessels of brasse , which also king david did dedicate to the lord , with the silver and gold that he had dedicate of all nations which he subdued : of syria , and of moab , and of the children of ammon , and of the philistines , and of amalek , and of the spoyles of hadadezer sonne of rehob king of zobah . recorded againe in chron. . , to . with this addition . and david took the shields of gold which were on the servants of hadadezer , and brought them to jerusal m. likewise from tibhath and from chun cities of hadadezer brought david very much brasse , wherewith solomon made the brasen-sea , and the pillars of the vessels of brasse . what the value of the spoyles which he dedicated to god and his service amounted to , himselfe records , chron. . . now behold , in my trouble i have prepared for the house of the lord an hundred thousand talents of gold , and a thousand thousand talents of silver , and of brasse and iron in aboundance without weight : besides what he dedicated out of his owne proper estate , registred in chron. . , . . we have joab n davids captaine generall , the captaines over thousands and hundreds , and the captaines of the army , dedicating out of the spoyles won in ba●tles to the service of the house of the lord : ( ●nd that in a liber●ll proportion ) even five thousand talents of gold , and tenne thousand drams ; and of silver tenne thousand talents , and of brasse . talents , and one hundred thousand talents of iron , besides precious stones , all which they offered willingly with a perfect heart unto the lord , rejoycing with great joy they had done it , chron. . , , , . when our generals , officers , colonels , captaines and souldiers of the army , shall imitate king david and his generals , colonels , captains , officers , and souldiers in such a liberall contribution of the jewels , gold , silver , brasse , iron and spoyle they have won in battles , at home and from other nations , to repaire or build houses for gods publick worship , and maintaine the ministers of the gospell , in stead of seeking to demolish and spoyle those stately edifices which our pious ancestors have erected for that purpose , and breaking downe the carved worke thereof with axes and hammers ; of which david much complaineth , psal . . , , , , , , . and in lieu of endevouring to devest our ministers of their remaining lands , tithes , glebes not yet demolished ; all the world will proclaime them , men after gods owne heart , and men of god in truth , like david , and give over censuring them for sacrilegious harpyes , more like to zeba and zalmunna , then him who said , let us take to our selves the houses of god in possession , as david himselfe objects against them , psal . . , . . here is samuel the seer , doing the like , out of his spoyles won in battle : a precedent for all those souldiers who will be sunnes and new-lights to imitate . . if the good mens examples be neglected , yet let the precedents of bad men shame and excite others to this duty : here are saul the sonne of kish , much talked of and reviled now by many for a tyrant , the warrelike king given to gods people in anger , and taken from them in wrath , as these object now , hos . . . ( which i conceive rather meant of jeroboam the idolatrous usurper , who made israel to sinne ; as judicious interpreters prove , by chron. . . compared with kings . , to . and the context likewise , which made mention of their idolatry in kissing the calves erected by jeroboam : and speaks only of the kingdome of israel , as divided from that of judah ) yet he as bad as they make him , together with abner o his chief captaine ( none of the best of men , as sam. . , . discovers ) had so much piety , zeal , and religion in them , as likewise to dedicate part of their richest spoyles of warre to the maintenance of gods house and worship . and will it not be a great dishonour to those generals , officers , colonels and captaines , who pretend themselves the holiest , justest , zealousest saints , not to be as bountifull towards the maintenance of gods house and worship , and of their spoyles , as these they brand for tyrants and ungodly wicked men ? if these precedents be ineffectuall to work upon any covetous or sacrilegious bondmen , let them reflect upon others , who were idolaters , how neare they came , in their way , to imitate abraham , david and these forecited . when nebuchadnezzar king of babylon had taken jerusalem , ransacked and burnt the glorious temple there , towards which david and his captaines contributed so largely out of their spoyles ; he had so much piety and naturall religion in him ; as to dedicate all the vessels of silver and gold , which he tooke out of the house of god , to the honour and service of his idol-gods , and put them in the temple at babylon , not converting them to his private or publick treasury , chron. . , . king. . . ezra . . . which vessels afterwards being brought forth thence and profanely caroused in by belshazzar and his princes , at his great feast , wherein he praysed the gods of gold , and silver , of brasse , of iron , of wood , and of stone ; you may read what fatall judgement presently befell him , to the losse of his life and kingdome , dan. . these vessels though a just and lawfull spoyle wonne by warres , cyrus king of persia brought forth out of the house of his gods , where nebuchadnezzar had put them , by the hand of mithredah his treasurer , and numbred them unto sheshbazzar the prince of judah , when he proclaimed liberty , and gave order to the israelites to rebuild the house of the lord god of israel in jerusalem ; and this is the number of them , thirty chargers of gold , a thousand chargers of silver , nine and twenty kniv●s , thirty basons of gold , silver basons of a second sort foure hundred and tenne , and other vessels a thousand : all the vessels of gold and silver were five thovsand and fovre hvndred : all these did sheshbazzar bring with him from babylon to jerusalem for the use and service of god in the temple there : all these did cyrus a heathen king restore by a decree . cyrus a heathen king , restoring them to god and the temple by a decree , when will our army saints depart with so many gold and silver vessels to gods house ? this decree was afterwards confirmed by darius and artaxerxes his successors , ezra . . & , , . & . , to . these and their princes and chief officers also freely offered and dedicated silver and gold besides , amounting to a great value , towards the reedifying of the temple , and maintenance of the worship and priests of god there . moreover , king artaxerxes makes this decree concerning these vessels , the vessels also that are given thee for the service of the house of thy god , those deliver thou before the god of jerusalem ; and whatsoever more shall be needfull for the house of thy god bestow it ovt of the kings treasvre hovse : adding this further decree , to all the treasurers beyond the river ; whatsoever ezra the priest shall require of you , let it be done speedily ; unto an hundred talents of silver , and to an hundred measures of wheat , and to an hundred bottles of wine , and to an hundred bottles of oyle , salt without prescribing measure : whatsoever is commanded by the god of heaven , let it be diligently done for the house of the god of heaven ; for why should there be wrath against the realme of the king and his sonnes ? also we certifie you , that touching any of the priests and levites , singers , porters , nethinims or ministers of this house of god it shall not be lawfvll to impose toll , tribv●e or cvstome vpon them : and whosoever will not do the law of god and the law of the king , let judgement be executed speedily upon him , whether it be unto death , or to banishment , or to confiscation of goods , or to imprisonment ; ezra . , to . the storie of cyrus and darius , concerning the building of the temple and restitution of these vessels , is very remarkeable , and thus recorded , ezra . , to . let the house be builded , the place where they offered sacrifices , and let the foundation thereof be s●rongly l●id , the height thereof threescore cubits , and the breadth thereof threescore cubits ; with three rows of great stones , and a row of new timber ; and let the expences be given ovt of the kings hovse . and also , let the golden and silver vessels of the house of god , which n●buchadnezzar tooke forth out of the temple which is at jerusalem , and brought unto babylon , be restored and brovght againe into the temple which is at jerusalem , every one to his place , and place them in the house of god. now therefore tatnai governour beyond the river , shethar-boznai and your companions the a●harsachites which are beyond the river , be ye farre from thence : let the worke of the house of god alone , let the governours and the elders of the jewes , build the house of god in his place . moreover , i make a decree , what ye shall do to the elders of these jewes , for the building of this house of god ; that of the kings goods even of the tribvte beyond the river , forthwith expences be given unto these men , that they be not hindred . and that which they shall have need of both young bullocks , and rams , and lambs , for the burnt offerings of the god of heaven , wheat , salt , wine , oil , according to the appointment of the priests which are at jerusalem , let it be given from day to day withovt fail ; that they may offer sacrifices of sweet savour unto the god of heaven , and pray for the life of the king and his sonnes . also i have made a decree , that whosoever shall alter this word , let timber be pulled down from his house , and being set up , let him be hanged thereon , and let his house be made a dunghill for this . and the god that hath caused his name to dwell there , destroy all kings and people that shall pvt to their hand to alter and destroy this hovse of god , which is at jerusalem : i darius have made a decr●e , let it be done with speed . if these three heathen kings and conquerors were so zealous to restore the vessels of gold and silver , amounting to so great a number and value , to the house of god at jerusalem ; to contribute so literally towards the reedifying of it out of their owne tributes , treasures and revenues wonne by warre and conquest ; to allow them bullocks , rams , lambs , wheat , wine , oile , salt , and all other necessaries for dayly sacrifices ; to furnish the priests and levites with all necessaries ; to exempt them all the officers of the temple from paying any toll , tribute , tax or custome , which it was not lawfull for any officer to lay upon them , under the severest penalties , and to enact such severe lawes , and passe such bitter imprecations against all such as should oppresse or hinder the worke , or seek to destroy or deface the temple of god : oh how should this inflame all generals , officers , souldiers , who professe themselves the choysest christians , and eminentest saints , to imitate and equall them in all these particulars now ? else how will they shame , confound and rise up in judgement against all such of these and all others , who in stead of restoring the gold and silver vessels , lead , iron , timber , stones , they have taken from the temples of god , and repairing those churches they have demolished and defaced , providing necessaries for gods wouship , and exempting his ministers from toll , tribute , taxes , custome , endevour to make a prey and spoyle of all our churches , chappels , church vessels , ornaments , glebes , yet remaining , and oppresse our ministers with endlesse taxes , tributes imposed on them without their consents against all former lawes and precedents to their utter ruine , and in stead of paying them the tenths of their own lands and spoyles of warre , endevour to spoyle them of those tithes which all others pay them . of whom hemingius thus complaines in his commentary on gal. . . p. . quid dic●mus de illis , qui ministros evangelii necessario victu spoliant ? quid de illis qui immoderati● exactionibvs tantum non eos interf●ciunt , ut multi honesti meriti cum suis uxoribus et liberis cogantur quod●mmodo mendicare ? ho●um sane factum nihil differre arbitror a sacrilegio & latrocinio , cujus poenas olim cens●nt architecti et fabri hujus mali . to these scripture precedents of h●ath●n ▪ warriours , i might adde the practise of many idolatrous pagan nations , who out of the very dictate of nature gave the tenth of their warlike spoyles to their idol-gods and priests ; which because mr. selden writes at large in his history of tithes , where all may peruse them , i shall only give you the summe of them in learned grotius his words in his booke de jure belli et pacis , l. . c. . sect . . p. . by this law abraham , out of the spoyles which he had taken from the five kings , gave a ten●h to god , as the divine authour to the hebrews , c. . . explaines the history extant in gen. . by which custome the grecians also with the carthaginians and romans deci●am de praeda sacravervnt , consecrated a tenth of the prey to their gods , as to apollo , hercules , iove . and should not christian generalls , officers , captaines and souldiers then much more do it now to god and his ministers from this precedent of father abraham , in stead of robbing them of their tithes ? if any should object that these were old testament , and heathen practises ; let them remember , that abrahams , is more particularly related and frequently mentioned in the new testament then old ; the old relating in generall , that he gave tithes of all ; ( which relates to all his substance , as well as spoyles ) and the new testament applying this generall to the tenth of the spoyles , heb. . . as mr. selden , grotius and others observe . but to hedge up this starting hole so as none may creep out of it ; we have one memorable precedent in the new testament , coming very neare to this of abraham , luke . , to . where we read of a certain centurion ( or collonel ) a man of no small authority , who had sovddiers vnder him ; and said unto one one goe , and he geeth ; and to another , come , and he cometh ; and to his servant , do this , and he doth it : this centurions servant , who was dear unto him , being sick and ready to die , when he heard of the fame of jesus , he sent unto him the elders of the jewes , beseeching him that he would come and heal ▪ his servant : and when they came to jesus they besought him instantly , saying , that he was worthy for whom he shovld do this : ( and why so ? ▪ ) for he loveth our nation , and hath bvilt vs a synagogve : whereupon jesus went with them , and healed his servant ; marvelling at the centurions words , and turning about a●d saying unto the people that followed him , i have not found so great faith , no not in israel . this great centurion and commander was no jew , but a gentile , and one who but newly heard of christs name and fame ; yet he had so much piety and bounty , as out of his very spoyles and gains of warre ( for we read of no other lands or gains he had ) to build a synagogue for gods worship ; which the elders of the jews , and christ too , approved as a worthy act , and sufficient inducement for our saviour to goe with him and cure his servant . o that all our centurions who have souldiers under them , and exceed or equall him in command , would imitate and equall this gospell centurion , in his pious munificence , in stead of contriving how to deface temples , churches , synagogues , to abolish tithes , and ingrosse church lands and livings into their own hands , and then should they receive as large encomiums of the reality and transcendency ▪ of their faith , piety , and charity from men , as he did from our saviour , and the elders of the jewes , for building this new synagogue . i shall only adde , for our souldiers and officers better information ; that from the example of abraham , approved in the new testament , both divines , councels , canonists , and casuists , have unanimously resolved , that souldiers ought to pay personall tithes to ministers out of their very militia , pay and spoyles of warre . this was st. * augustines doctrine , de militia , de negotio , de artificio redde decimas : recited , practised , and long since prescribed here in england , in the excerptions of egbert archbishop of yorke a about the year of our lord , . recited and confirmed by gratian in his decrees , causa . . qu. . f. , . by all the canonists and glossers on his text : by a●gelus de cl●vasio , in his summa angelica , tit. decima : by hostiensis , summa rosella and other summists and casuists , in their titles of tithes , and ratifyed by the synod of lingore , an ▪ . apud bochillum ecclesiae gallicanae lib. . tit. . c. . p. . this many excellent christian commanders , officers , souldiers have in severall ages performed , as histories record . i shall ( for brevity ) instance but in one domestick example , and that a memorable one , king william the first ( whom we usually style the conqueror , though he never claimed the crown by conquest , but b only by the last will , testament and donation of king edward the confessor in his life time with the assent of his nobles ( who was educated with and preserved by him , during his exile and seclusion from the crown by the danish usurpers ) and as cousin and heire to edward the confessor , as he styled himselfe in the very c title of his lawes : he having vanquished and slain the perjured vsurper herold ( who set the crown upon his owne head , and made himselfe king without any title or due election , against his solemne oath to duke william , made to him in normandy , which he pretended to be forced ; ) in d thankfulnesse to god for this his victory whereby he gained possession of the crown ; out of the spoyles and gaines of his warre , erected a magnificent church and abbey , to the glory of god and st. martin ( which he called de bello , or battle abbey ) in that very place where herold was slaine and this battle fought ; which likewise he endowed with large possessions , tithes and most ample priviledges by his charter , and therein offered up to god his sword , and the royall robe which he ware the day of his coronation , there reserved as a monument as well of his piety as victory . after which this pretended conquerer e in the f●urth year of his reigne by the councell of his barons , through all the counties of england caused . men of the most noble , wise and skilfullest in the law , to be sunm●ned out of every shire , that he might learn th●ir lawes and customes from them ; and gave them this oath , that proceeding in a right path , without deel●ning to the right hand or the left , to the best of their power , they should make known to him the customes and sanctions of their lawes , pretermitting nothing , adding nothing , and altering n●thing in them by prevarication : which they accordingly performing ; a●d king william intending to alter the law only in one particul●● according to the lawes of norway , from wh●nce he and his n●●●●ans desee●ded ; all the barons and grand english enquest w●o presented him their lawes on oath being much grieved at it , unanimosly besought him , that he would permit them to enjoy their pr●pe● lawes and ancient customes under which their fathers lived , and themselves had been borne and educated , because they deened it very hard for them to receive unknown lawes , and to judge of those things they knew not , importunately beseeching him for the sou● of king edward ( who had granted to him the crowne and kingdome after his death , and whose lawes they were ) that he would not compell them to persevere under the lawes of any forainers , but their owne country lawes alone . wherefore the king taking advise , consented to the request of his barons , confirming all their lawes and customes in parliament without any alteration or diminution , as they presented them . whereof this is the very first law concerning the preservation of the churches rights , and scholars from rapine . f every cleargy-man , and likewise all scholars , and all their goods and possessions , wheresoever they are , shall enjoy the peace of god and of holy church , free from all forfeiture and seisure ; and if any shall lay hands on that which mother church shall require , let him restore that which he shall take away , and likewise one hundred shillings in the name of a sorfeiture , if it be from an abby , or church of religion ; and . s. if it be from a mother parish church ; and . s. if it be from a chappell . after g which follow . other lawes concerning the churches peace and priviledges ; and then these two lawes concerning tithes . of the tithes of the church . of all corne the tenth sheaf is given to god , and therefore to be paid . if any shall have a ●erd of mares , let him pay the tenth colt ; he who shall have onely one or two , let him pay a penny for every colt . likewise he who shall have many kine , let him pay the tenth calfe ; he who shall have but one or two , let him pay a penny for every calfe : and he who shall make cheese , let him give the tenth to god , and if he shall make none , the milke every tenth day : likewise the tenth lambe , the tenth fleece , the tenth butter , the tenth pig. of bees and all lesser tithes . in like manner also of bees , the tenth of the profit , and also of wood , of meadowes , waters and mils , and ponds , and fishings , and copses , and orchards , and gardens , and negociations ( wherein souldiery and all other professions are included ) and all things which the lord shall give the tenth part is to be tendred to him who giveth the nine parts together with the tenth : and he who shall detain it shall be compelled to render it by the justice of the bishop , and of the king if need be : for these things st. augustine hath prea●hed and taught , and these things are granted by the kings and barons and people . but afterward ( let our tith oppugners , and detainers marke who is their originall tutor ) by the instinct of the devill , many have detained tithes ; and rich negligent priests do not care to prosecute them because they had sufficient necessaries for their life ; for in many places now there are three or four churches , where at that time was only one , and so they began to be diminished . this is that william the conquerour , whom our officers , souldiers ( with the levellers and anabaptists ) most virulently reproach and raile against in their discourses , and silly ignorant scurrilous h pamphlets , for an invader , vsurper , robber , tyrant and subverter of our native lawes and liberties , &c. when as he claimed the crowne onely by gift and title , confirmed all our ancient lawes and liberties civill and ecclesiasticall , without any alteration or diminution ; put never a noble man or other person to death who rebelled or tooke up armes against him all his reign , but such who were actually slain in battle ; was the gallantest souldier , and best justiciary of any in his age ( as some i historians then living attest ) and not only much devoted to religion , frequenting the church both morning and evening , but likewise very industrious and bountifull to promote it , honouring and richly endowing the cleargy that lived according to their rule and profession , but being very rough and hard hearted to the licentious and scandalous , degrading his own vnkle malgerius archbishop of rhoan , and many english bishops for their dissolute lives ; founding no lesse then three churches and abbies of chief note ( whereof that of battle was one ) endowing them with large possessions and priviledges ( according to the piety of those times ) out of his conquests , and confirming all the clergies tithes , rights , priviledges by the recited lawes . if those officers and souldiers who now pretend themselves conquerers , and us a conquered ( or cousened ) nation , will really imitate his justice , piety , bounty , in these recited particulars ; no man will thenceforth bestow such reproachfull termes , of invaders , vsurpers , robbers , tyrants , subverters of our lawes , liberties , &c. as they do usually on this first norman king ; but repute them reall saints , and patrons of religion , ministers and the church , yea sonnes of faithfull abraham , who gave the tenth of the spoyles of war to god ; whose example , with all the rest here recited , in justice and conscience rather obligeth them to imitate his and their footsteps ( as the premises evidence ) then to spoyle our ministers and churches of their tithes and materials . and so much in answer of the first evasion , respecting our army officers and souldiers only . object . the second evasion of abrahams precedent , is made by country farmers , tradesmen , and their advocates : who alleage , that abraham gave the tenth only of his spoyles gained in warre to melchisedec , but not of his corn , wine , cattle and other goods ; therefore this example bindes only souldiers to pay personall , but not them or any others to pay any such prediall , mixt or personall tithes , as now they do by coercive lawes and ordinances , against law and gospell . to which i answer , answ . . that the expresse words of moses gen. . . are : and he gave him tithes of all. which being universall , not confined by him to the spoyles taken in war , must be taken and intended in the largest sense , that is , of all his substance , or encrease , as well as of the spoyles then wonne . . the apostle reciting the history heb. . . useth the self-same generall expression : to whom also abraham gave a tenth part of all , without restraining it to the spoyles of warre : which must be intended in the best and liberallest sense , for tithes of all his substance and gaine , being mentioned both to expresse his piety and bounty . true it is , the apostle in the . verse useth this expression , v●to whom the patriarch abraham gave the tenth of the spoyles ; which some oppugners of tithes , would have to be the interpretation of the two former universall phrases ; tithes of all : but the spoyles being not abrahams all , nor in truth any part thereof , he refusing so much as to take a thred or shoe-latchet thereof to his own use , gen. . , . and the word all , being not so much as once used in the latter clause , which recites , he gave the tenth of the ( not all the ) spoyles ; and the two first generall expressions , necessarily including in them the tenth of the spoyles ; i conceive the latter expression is rather a particular specification of one memorable thing he paid tithes of in a new case not formerly happening , even of the spoyles taken in this first battle he ever waged , or any other that we read of ( included in the generall ) rather then a full comprehensive exposition of all that is or was intended , by the tenth , or tithes of all , in the two precedent texts . . it is most probable , that abraham paid tithes of all his owne substance to melchisedec , as well as of the spoyles ; there being the self-same if not a stronger ground , for him to pay tithes of all his other goods , as of these casuall spoyles , out of which no constant maintenance could be raised for any pastor or minister , as there might be out of the tithes of his cattle and substance encreasing every year . now tithes being intended for the priests and ministers constant maintenance by god and man , and this precedent of abraham , recorded for that end ; we cannot without an absurdity restraine his paying tithes of all , only to the spoyles then , and then only unexpectedly gained from the enemy by abraham , and offered to the right owners ; but , of the tithes of all his substance principally , whence a constant livelihood for the priest could only arise , and of the spoyles of warre only by reason of his occasionall meeting of abraham here returning from the warres , and blessing him at that time . . this president of his , was in all probability the ground of gods appointing tithes , by a speciall law , for all the priests and levites maintenance amongst the israelites , abrahams posterity , and the apostle intimates as much , heb. . , , , , . &c. that they receive tithes of their brethren in the same manner by the law , as melchisedeck did of their father abraham . now they received tithes of corn , wine , oyle , cattle and all sorts of herbs and fruits , for their standing maintenance and inheritance too ; num. . . to the end , levit. . , , , , . deut. . . . therefore it is most probable , if not infallible , that abraham paid tithes of all those things which the levites and priests afterward received from their brethren to melchisedeck ; and not of the spoiles alone , out of which no certain maintenance could be raised , not specified there in these generall precepts concerning tithes . . the apostle arguing the natural justice of ministers maintenance , rom. . . and cor. . . useth this expression . if we have sowen unto you spirituall things ( in the plurall number ) is it a great matter if we shall reap your carnal things , in the plurall number too ; and such things as seem commonly to grow and multiply ; as the word reap imports . and gal. . . he useth this general precept . let him that is taught in the word , communicate to him that teacheth in all good things : therefore to restrain abrahams giving tithes of all , onely to the spoiles ; and not to all his carnal and good things , is a very improper exposition , dissonant from the scope and sense of these parallel texts , which seem aptly to interpret it . . the very pharisee in the gospel , boasting of his justice and piety , used this expression , parallel with that of abraham , luke . . i give tithes of all that i possesse ; and to confine abrahams giving tithes of all ; to the tithes onely of the spoiles , and not to extend it , with the pharisee ; to all that he possessed besides ; is to make this father of the faithfull , lesse righteous , and liberall than this hypocriticall pharisie . . that which seems to put all out of question , is the parallel text of gen. . , , . where jacob after his travelling vision , makes this vow to god , even before the levitical law for tithes , if god will be with me , so that i come again to my fathers house in peace ; then shall the lord be my god , and this stone which i have set up for a pillar , shall be gods house : and of all that thou shalt give me , i will surely ( without diminution or substraction ) give the tenth unto thee : when should godly jacob take his pattern of surely giving the tenth of all ( not of spoiles alone ) that god should give him unto god ; but from the practice of his grand-father abraham , who gave melchisedeck the tenth of all god gave him , as well as of the spoiles ; honoring god with all his svbstance and increase : according to that precept of solomon ( having relation to his practise and this vow of jacobs ) prov. . . honour the lord with thy substance , and with the first fruits of all thy increase . and so much in refutation of this second evasion which some armed men much urge . the third objection , which some would make fatall to all tithes under the gospel , is from the close of the apostles forecited words : heb. . . for the priesthood being changed , there is also a necessity of a change of the law , &c. from whence william thorpe ( one of our martyes ) thus reasoned against tithes , and others now , k saint paul saith , that tithes were given in the old law to levites and to priests , that came of the linage of levi ; but our priests come not of the linage of levi , but of juda , to which juda no tithes were promised to be given : and therefore paul saith , since the priesthood is changed from the generation of levi to juda , its necessary that changing also be made of the law : so that priests live now without tithes and other dues that they claim , following christ and his apostles in wilfull poverty , as they have given them example . answer . i answer . that the apostle in this , and the three following chapters , concludes and proves by sundry arguments , that the leviticall priesthood and the ceremonial law , given the people under moses ( the covenant of this preisthood ) were both changed and abolished by christ , and his everlasting priesthood , shadowed to us by them ; and by consequence the maintenance of the levitical priests by sacrifices offered by them at the altar , and first fruits and tithes themselves , so far as they were ceremonial , prescribed by the ceremonial law , for the maintenance only of these abolished levitical priests and levites ; which is all this scripture proves , when pressed to the uttermost . but can any rational man hence conclude ; the levitical priesthood , the ceremonial law , and all the tithes and maintenance due to the jewish priests and levites by this law are abolished by christ , a priest for ever after the order of melchisedeck , to whom tithes were due and paid by abraham , before this law and priesthood instituted : therefore all tithes and maintenance due and paid to melchisedeck , and in him to christ , and the ministers of the gospel under him , are eternally abolished as jewish and levitical ? surely this is a mad inference , both besides and against this text ; from which all orthodox protestant commentators , as well as papists and jesuites , conclude the quite contrary , and learned nicholas hemingius in his commentary on it , p. . thus determines . it is subjoyned , that melchisedeck received tithes from abraham , which tithes abraham verily gave of his own accord , following without doubt the cvstome of conqverors ( let our conquering officers and souldiers observe and do the like ) who were wont to consecrate the tenthes of their spoiles to their gods , or to give them to their priests . but this collation of tithes , nullo meliori jure christo sacerdoti debetur ; is due by much better right to christ our priest ; who as he gives all things to us out of meer bounty ; ita vicissim illi non solum decimas , verum omnia nostra debemus ; so we owe to him again , not only tithes , but likewise all we have . whether the objectors or hemingius speak most gospel divinity and reason from this text , let every christians conscience judge . . the apostles words concerning the change and abrogation of the ceremoniall law , hath no reall coherence with or relation to the precedent discourse , concerning payment of tithes to melchisedeck and the levites ; recited onely to prove the dignity and excellency of melchisedechs priesthood above aarons ; and of the leviticall priests and levites above their brethren , from whom they received tithes . the ●orce of the argument , reduced into a logicall form , being thus . he who receives tithes for the execution of his priestly office , is better and greater than he who payes tithes ; but the patriarch abraham himself , the very father of the faithfull , and prince of the fathers , paid tithes to melchisedech ; and likewise the leviticall priests ( then in his loins ) in and by him ; who yet receive tithe of their brethren , but not of their father abraham 〈◊〉 melchisedech : therefore melchisedech is better and greater than their brethren who paid them tithes . and by consequence , christ being a priest for ever after the order of mclchisedech , who was but a type of him , must be better and greater than abraham : ( john . , . ) or the leviticall priests , or than melchisedech himself , who did but typifie him . this excellency and precedency of christs priesthood before aarons , he proves by other arguments drawn from melchisedech , not pertinent to our present businesse , after which he largely argues the change and abolition of the leviticall law and priesthood by christ , ( a theam of a different nature from the former ) to which the objected words refer ; therefore the totall and finall abolishing of all tithes , to which these words have no relation , can never be inforced from them ; being ratified by the former clause , as appurtenances to christs everlasting priesthood , as well as to melchisedechs ; and therefore as due to his ministers under the gospel , as to any priests and levites under the law , which were likewise types of christ , the true high priest expiring at and by his death . . the priests and levites under the law had cities , glebes and houses settled on them for their habitation , and cattle , as well as tithes , by the ceremoniall law , for their better maintenance and accommodation ; and that in a large proportion , levit. . , , . numb . . . to . josh . . . to . chr. . . to the end , chap. . . to . chron. . , . ezra . . neh. . . chap. , . ezec. . . to . ch . , , . to . if then this text proves the totall abolition of all our ministers tithes , root and branch , as jewish ▪ and antichristian ; as some impudent scriblers and petitioners against them , now affirm : it likewise proves , the abolition of all their rectories , glebes , houses likewise , as well as of their tithes , as jewish and antichristian : and so ministers of the gospel now shall neither have tithes nor globes to support and feed them or their fami●ies and cattle ; nor yet so much as an house wherein to lodge and put their heads ; and be inforced to complain as our saviour once did of his forlorn condition , matth. . . and luke . . the foxes have holes , and the birds of the air have nests , but the son of man hath not where to lay his head . a condition to which some jesuiticall , anabaptisticall and athiesticall , uncharitable beasts of prey , worse than any foxes or harpies , would now gladly reduce all our faithfull ministers and their families , whiles some of them lord it , and lodge themselves in our kings , princes , bishops , deans and chapters new acquired royall palaces ; and not content therewith , would spoil all our ministers of their more contemptible glebes and rectories , to enrich themselves and their posterities , and make our ministers like our saviour in his voluntary poverty . they may with as much justice ( like the hard-hearted bloudy jews and souldiers ) even m crucifie them on crosses , between such thieves as themselves , to make them like our saviour , even in his voluntary sufferings ; as part their gl●bes , lands and rectories among them , and cast lots upon their vestures , even before their death , when as the soldiers who crucified our saviour , did not part his raiment amongst them , nor cast lots on his vesture till after his crucifixion by them , * there being as much authority conscience , law , justice , reasen for the one as other : seeing none by any laws can lose or forfeit their lands and livelyhood , but such who first forfeit their lives to publick justice . . the israelites were enjoyned by the leviticall law , deut. . , , . chap. . , , , . to harbour and entertain the priests , & levites within their gates , and not to forsake them as long as they should live upon the earth , and freely to permit and invite them to come , and eat , drink , feast , rejoyce , and be satisfied with them and their families before the lord ; as well as to pay them tithes . but this law ( as they argue ) is now abolished by christ with the priesthood ; therefore when our ministers are stript of all their tithes , glebes , rectories , houses , by our new reformadoes ; it must be jewish and antichristian for them or any others so much as to lodge , entertain , or give them any thing to eat or drink within their gate● , or so much as to admit or invite them to a feast , or meat within their houses ; and then they , with all theirs and other poor widows and orphanes , must all presently starve and perish by these mens new gospel light and charity , because hospitality and alms to such are leviticall and jewish , abolished with the leviticall law and priesthood ; which abolished all charity and humanity out of the world , as well as out of these tith-oppugners hearts , if this their objection be orthodox gospel truth . . meer freewill offering and voluntary unconstrained contribution were prescribed by the leviticall and judiciall law , both for and towards the maintenance of gods priests , and worship of the buildding , and repairing of the tabernacle and of the temple afterwards , towards which the godly kings , princes , generalls , captains , officer , souldiers , and all the pious people of god contributed most joyfully , liberally , and in such abundance upon all occasions , that they gave far more then was sufficient ; and thereupon prohibited by speciall proclamation to give or bring any more ( as in the case of materialls of all sorts , for the building and furniture of the tabernacle of the congregation ) and of the temple , towards which many heathen kings , and their officers contributed freely , and the very cap●ive jews , exod. . . to . chap. . . to . levit. . . , . chap. . . num. . . chap. . . chap. . . to the end , chron. . , , . chap. . . to . chap. . . to . chron. . . to . chap. . . chap. . . to . . chap. . . to . ezra . throughout , and chap. . . chap. . . chap. . , . therefore ministers under the gospel must not be maintained , nor churches and houses for publick assemblies built or repaired by free-will offerings , and voluntary contributions , being leviticall , jewish and so abandoned ; and if not by tithes nor forced rates as they alledge , then the ministers must utterly starve , and all our churches fall to sudden ruine , as many now do . and is this gospel saintship and christianity ? . the priests and levites by the leviticall lew , were prescribed what wives they should marry and what not . levit. . . to the . will it therefore follow ( as the papists votaries conclude ) therefore ministers of the gospel must not marry , and must all now be divorced from their wives , as well as from their tithes and benefices , because the leviticall law is abolished , and priests wives jewish aswell as their tithes ? our beastly ranters then may seize upon ministers , aswell as the bruitish anabaptists and swordmen on their tithes and glebes . . the seventh day sabbath it self , though prescribed by a n morall law was in some sense ceremoniall , and enjoyned by o ceremoniall laws too ; and therefore ( as p most affirme ) abrogated by christs death as jewish , as to the precise seventh day from the creation , and the jewish rigidities and sacrifices on it ; will it therefore follow that it is jewish and unlawfull for christians under the gospel , to observe the lords day every week , and render unto god the same weekly proportion of time for publike worship , as the jewes did , or to keep any publike fasts , or feasts to god at all , as the jews by the leviticall law were bound to doe ? if so , then farewell all lords-dayes , fasts , feasts , publike assemblies for gods worship , ministers , churches , ( god himself together with them ) aswell as tithes , and let gain of money be the onely deities hence forth adored among us , as the motto stamped upon our our new state-coyn , god with us : and most mens practises sadly proclaim to gods dishonour , and religions intolerable defamation . these answers , i presume , will for ever satisfie or silence these objectors , with q john canne , their new champion , who may now discern their grosse mistake , and learne this for a general certain truth : that whatever is not in its own nature and originall , meerly jewish and ceremonial , & hath a kind of naturall justice ▪ equity , conveniency , morality or necessity in it , and had a divine originall or institution before the ceremoniall law given , or the leviticall priesthood instituted ; that thing , though afterwards given , limited or prescribed to the levitical priests or israelites by a generall or speciall levitical law-abrogated by christ , doth neither cease its being , nor become unlawful in its primitive , or proper use unto christian ministers or believers under the gospel , by the abolishing of the leviticall law and priesthood , but may , and must necessarily be continued , practised , and perpetuated among them without the least sin , scandall , or judaisme , according to its owne primitive institution or naturall , necessary , divine , moral or civil use ; else bread , meat , drink , wines , clothes , religious sabbaths , fasts , forts , edifices and assemblies for gods publike worship ▪ houses , hospitality and charity to ministers , or poor distressed saints and people , ( yea , reading , prayer , preaching of the word of god , and magistracy and government it self ) should be utterly unlawfull unto christian ministers and people , aswell as tithes ; because given or prescribed to be used by the leviticall priests & jews , by the leviticall law. and seeing meat , drink , food , raiment , lands , houses and a competent proportion of all worldly necessaries are as simply needfull for the preservation and subsistence of the ministers of the gospel and their families now , as for the priest● and levites before and under the law , or all other sortes of men in the world , who cannot live without them : and tithes , lands , houses , both before and under the law , were originally given to and setled by god and men upon priests and levites first , and ministers since , not as meer types , shadows or ceremonies , but as a just , fitting , convenient recompence of their labour , necessary livelyhood , habitation , refidence for them and their families , and to provide them meat , drink , books , clothes , and other necessaries to live by : why our ministers under the gospel should not still enjoy them in this kind and nature , without the least shadow of judaisme , aswell as melchise dec before the law , or the jewish priests and levites under it , or their predecessors before them , even from the first settlment of the gospel amongst us , or aswell as any other men , or the objectors do their lands , goods , houses , and the other nine parts of their tithes encrease , for their livelihood and subsistence , transcends my capacity to apprehend , and the ability of all armed or unarmed enemies of tithes or glebes to demonstrate from scripture , law , reason , or the objected abused text , over-longinsisted on , to clear it from all ignorant or wilfull wrestings . and so much for the payment of tithes by abraham , and vowing them by jacob , before the law , to justifie the lawfulnesse and continuance of them under the gospel , against all cavilling exceptions . secondly , i shall make good the proposition from the maintenance of the priests and levites by glebes , tithes , and oblations under the law , urged as the strongest , if not only reason against them : and thusform my argument . that which god himself , who is infinitely and onely wise , just and holy , did by his special laws and edicts institute and prescribe , as the most expedient , equal , fit , just , rational and convenient maintenance of all other for his own priests and levites to receive and take from his own people ( when once setled in the promised land ) for the execution of their function , must questionlesse be , not onely a lawfull , but the most expedient , equal , fit , just , rational and convenient maintenance of all other for his ministers of the gospel to receive , and take from all believing christians in any setled christian kingdome , state , church under the gospel ; especially , if he hath neither positively prohibited this kinde and way of maintenance , nor specially prescribed any other way or kind of setled maintenance for them in and by the gospel . but god himself , who is infinitely and r onely wise , just , and holy ; did by his speciall laws and edicts institute and prescribe houses , lands , glebes , tithes , and oblations , as the most expedient , equal , fitting , just , rational and convenient maintenance of all other for his own priests & levites to receive and take from his own people , when once s●tled in the promised land , for the execution of their functions ; and hath neither positively prohibited this kinde or way of maintenance , nor specially prescribed any other way and kinde of settled maintenance for them in and by the gospel . ergo , it must questionlesse be , not onely a lawfull , but the most expedient , equal , fit , just , rational and covenient maintenance of all other for his ministers of the gospel from all believing christians in any setled kingdom , state , church under the gospel . the major , i suppose no rational christian can or will deny , except he thinks himself ( as king alphonso , the proud atheistical self conceited astronomer did ) more wise , just , holy than god himself ; and abler to carve out a more expedient , equal , just , fitting , rational and convenient maintenance for gods priests , levites , ministers , than god himself hath done ; and dare bid defiance to the gospel precept . eph. . . be ye therefore followers of god as dear children : the minor i shall thus confirm in order . . that god did by special laws and edicts institute and prescribe cities , suburbs , lands , houses , glebes for the priests and levites habitation , and the better maintenance of them and their cattle , and that in a liberal proportion , is apparent by num. . from . to . where we finde recorded , that the lord spake unto moses in the plain of moab , by jordan neer jericho , saying , command the children of israel that they give vnto the levites of the inheritances of their possession , cities to dwell in ; and ye shall give also unto the levites svbvrbes for ten cities rovnd abovt them . and the cities they shall have to dwell in , and the suburbs of them , shalbe for their cattle , and for their goods , and for all their beasts . and the suburbs of the cities which yee shall give unto the levites , shall reach from the wall of the city and outward , a thovsand cvbitis rovnd abovt . and ye shall measure from without the city on the east side two thousand cubites , and on the south side two thousand cubits , and on the west side two thousand cubits , and on the north side two thousand cubits , and the city shall be in the midst ; this shall be to them the suburbs of the cities . and among the cities which ye shall give unto the levites , there shall be six cities for refuge , which ye shall appoint for the manslayer , that he may fly thither ; and to them ye shall adde forty and two cities . so all the cities which ye shall give to the levites shall be forty and eight cities , them shall ye give with their suburbs . and the cities which ye shall give shall be of the possession of the children of israel : from them that have many , ye shall give many ; and from them that have few , ye shall give few : every one shall give of his cities , according to his inheritance which he inheriteth . this positive just command of god was given before the israelites entrance into , and conquest of the land of canaan : and this further positive law then likewise made against the sale and alienation of these glebes and possessions . levit. . , , . notwithstanding the cities of the levites , and the houses of the cities of their possession , may the levites redeem at any time , which others could not doe , v. , . and if a man purchase of the levites , then the house that was sold and the city of his possession shall go out in the year of jubile ; for the houses of the levites are their possession among the children of israel : but the field of the suburbs of their city may not be sold , for it is their perpetuall possession . after this , when the land of canaan was fully conquered by the israelites and divided amongst the tribes by bounds and limits : we read , josh . . . to . then came near the heads of the fathers of the levites unto eleazer the priest , and unto joshua the son of nun , and unto the heads of the tribes of the children of israel ; and they spake unto them at shilo in the land of canaan , saying , the lord commanded by the hand of moses ( in text forecited ) to give us cities to dwel in with the suburbs thereof for our cattle . and the children of israel gave unto the levites , at the commandment of the lord ( mark it all enemies of our ministers , rectories , lands , glebes and maintenance ) these cities and their suburbs . then follow the names and places of the cities allotted to the levites proportionably out of every tribe , and how they were divided by lot amongst them : which you may read in the text it self , over large to transcribe : after which ensues this close of the story , v. . , . and the children of israel gave by lot unto the levites these cities and their suburbs , as the lord commanded by the hand of moses , all the cities of the levites within the possession of the children of israel , were fourty and eight cities , with their suburbs : these cities were every one with their suburbs round about them : these were all the cities . in chron. . we have a recitall of the sons and families of levi , and the office of the priests and levites , with the names of all the cities and suburbs allotted to them out of every tribe , agreeing with this of joshua , where those who please may read them at their leisure . these fourty eight cities and their suburbs ( as some conceive ) amounted to the tenth , or at least twelfth part of the cities and land of canaan ; the priests and levites according to their number , enjoying in proportion as large a share of the promised land , as any of the other tribes for their habitation and glebes : besides their tithes , first-fruits , offerings and other dues . all which ( as ſ ) dr. george downham , and t mr. samuel purchas observe ) amounted to a far greater proportion for the maintenance of that small tribe , than all the bishopricks , de●neries , benefices , cathedrall and colledge lands , revenues , glebes , tithes , and whatsoever ecclesiasticall profits and endowments of the clergy , and schollers in our whole kingdome and nation . after this , when the temple of jerusalem was built , where the priests and levites were to wait in their severall courses successively , by davids appointment ( chron. chap. . to chap. . chron. . , . chap. . . and ch . . , . chap. . . chap. . . chap. . . levit. , , . ) they had houses , churches , lodgings provided for them at jerusalem , near the temple , ( where some of them constantly dwelt and attended ; ) and likewise for the tithes , first-fruits and oblations brought thither to them , chron. . . to . chap. . . chap. . , , . chron. . to . ezra . . neh. . . , . chap. . , , . chap , . . to . ezech. . . to . ch . . ▪ to . ch . . ch . . . these cities , suburbs , habitations , churches , the priests and levites constantly enjoyed without interruption , till the revolt of the ten tribes from rehoboam : and jeroboam the usurper erected two golden calves in dan and bethel , to keep the people from going up to jerusalem to worship god there , out of carnall fear and suspition , saying in his heart , now shall the kingdome return to the house of david , if the people go up to jerusalem to do sacrifice in the house of the lord there ▪ then shall the heart of this people tvrn back again to the lord , even unto rehoboam king of judah , ●nd they shall kill me , and go again to rehoboam king of jvdah , kings . . to . and then we read chron. . , , , . the priests of the levites that were in all israell resorted to rehoboam out of all their coasts ; for the levites left their svbvrbs and their possessions , and came to judah and jerusalem ; for jeroboam and his sons had cast them out from executing the priests office unto the lord , and he ordained him pr●ests for the high places , of the lowest of the people , and for the devils , and the calves which he had made : which king abijah warring with him after his fathers death , when he claimed the right of his usurp●d crown , they objected against him , and the revolted tribes , chr. . . to . hear me thou jeroboam and all i●rael : ought ye not to know that the lord god of israel gave the kingdome over israel to david for ever , even to him and to his sons by a covenant of salt ? yet jeroboam the son of nebat , the servant of solomon , the son of david , is risen up , and hath rebelled against his lord. and there are gathered unto him vain men , the children of beliall , and have strengthened themselves against rehoboam the son of solomon , when rehoboam was young and tender hearted , and could not withstand him . and now ye think to withstand the kingdome of the lord , in the hand of the sons of david , and ye be a great multitude , and there be with you golden calves , which jeroboam made you for gods. have ye not cast out the priests of the lord , the sons of aaron and the levites , and have made you priests after the manner of the nations of other lands ; so that whosoever cometh to consecrate ●imself , with a young bullock and seven rams , the same may be a priest of them that are no gods ? but as for us , the lord is our god , and we have not forsaken him ; and the priests which minister unto the lord are the sons of aaron , and the● levites wait upon their businesse : &c. for we keep the charge of the lord our god ; but ye have forsaken h●m : and behold god himself is ●ith us for our captain , and his priests with sounding ●rumpets , to cry allarum against you . the issue of this a●●eisticall policy , and sacrilegious deprivation , or spoliation of gods priests and levites of their suburbs , possessions and ministry by jeroboam and his sons ; is very remarkable . . it brought ruine upon his whole army , though double the number of abijah his host , of whom they had a great advantage by an ambushment ; god himself smiting him and his host , so that they fled before judah , and abijah and his people slew them with a great slaughter , so that there fell down slain of israel five hundred thousand chosen men , chron. . . to . the greatest slaughter in battle , that ever we read of in sacred or prophane stories before or since . . it brought captivity on his adherents who were brought under at that time , pursued , and had their wives taken and plundered , v. , . . it brought this misery and fatall judgement on himself v. . neither did jeroboam recover strength again in the dayes of abijah ; and the lord strook him and he dyed . . it became sin to the house of jeroboam , even to cut it off , and to destroy it from the face of the earth , kings . , . . it made all the succeeding kings of israel professed idolaters , and most of them bloudy murtherers , usurpers , persecutors , and produced perpetuall successive civill warres between judah and israel , kings . . chap. . , , , . chron. . . to . . it brought finall captivity , ruine & desolation in conclusion to the whole kingdome of israel , and the ten revolting tribes , kings . , , , . where this sad story is recorded . and the lord rejected all the seed of israel , and afflicted them , and delivered them into the hand of spoilers , untill he had cast them out of his sight . for he rent israel from the house of david , and they made jeroboam the son of nebat king , ( of which god thus complains , hos . . . they have set up kings , but not by me , they have made princes and i knew it not ) and jeroboam drave israel from following the lord , and made them sin a great sin : for the children of israel walked in all the sinnes of jeroboam which he did , they departed not from them , untill the lord removed israel out of his sight , as he had said by all his servants the prophets : so was israel carried away out of their own land to assyria , till this day ; when as the kingdome of judah x continued above years after in davids royall posterity , enjoying gods , priests , levites , prophets and ordinances , till their captivity for their sins , in mocking , abusing his messengers , prophets , and despising his words , chron. . , . and then y after years captivity , were restored again to their countrey , reedified jerusalem and the temple ; and with them , the priests , and levites returning from bondage , were restored likewise to their cities and glebes ( of which the kings of judah never deprived them , as jeroboam and his sons , and the kings of israel , who were all idolaters did ) whence thus we read ezra . . so the priests and the leaites , and the singers , and the porters , the nethinims dwelt in their cities , and all israel in their cities ; thus seconded , neh. . , . all the levites in the holy city were . and the residue of israell , of the priests and levites ▪ were in all the cities of judah , every man in his inheritance , and neh. . . the levites and singers that did the work , were fled every one to his field . in the prophesie of ezechiel ( written during the jews captivity , in the land of the chaldeans , ezech. . , , . ) prophesying of the reedifying of the temple , and of the dimensions and whole fabrick thereof , chap. . . to . we find frequent mention of holy chambers therein , provided for the priests and their vestments . and chap. . . to . god enjoyns the israelites by him upon their restitution to their own land , when they should divide it by lot for an inheritance ; that they should offer an holy portion of the land , an oblation unto the lord : the length thereof twenty five thousand reeds ; and the breadth ten thousand ; this shall be holy in all the borders thereof round about . of this there shall be for the sanctuary reeds in length , with in breadth square round about ; and fifty cubits round about for the suburbs thereof . then he addes : the holy portion of the land shalbe for the priests the ministers of the sanctuary ; which shall come neer to minister unto the lord , and it shall be a place for their houses , and an holy place for the sanctuary . and the . of length , and . of breadth , shall also the levites , the ministers of the house have for themselves , for a possession for twenty chambers . in the . chapter verse . to the end of the prophecy , he writes of the bounds and division of the land of canaan ( after their restitution ) according to their several tribes , in relation to imitation of the bounds and division of it formerly made and recited by joshua : out of which there was a special portion reserved for the priests and levites , as there was in joshua's division fore-cited : thus expressed , ezech. . . to . and by the order of judah , from the east side unto the west side , shall be the offering , which they shall offer of . reeds in breadth , and in length as one of the other parts , from the east side unto the west side ; and the sanctuary shall be in the midst of it : the oblation ye shall offer unto the lord , shall be of in length , and in breadth : and for them , even for the priests shall be this holy oblation ; toward the north in length , and toward the west in breadth ; and towards the east in breadth , and towards the south in length , and the sanctuary of the lord shall be in the midst thereof . it shall be for the priests , that are sanctified , of the sons of zadock , which have kept my charge , which went not astray , when the children of israel went astray ( after jeroboam and his calves ) as the le●ites went astray . and this oblation of the land that is offered , shall be unto them a thing most holy by the order of the levites . and over against the border of the priests the levites shall have in length , and in breadth : all the length shall be , and the breadth . and they shall not sell of it ; neither exchange , nor alienate the first fruits of the land , for it is holy unto the lord. from all these scriptures ( here recited at large for the readers fuller satisfaction , conviction , and ease in turning to them ) these conclusions undeniably arise , . that the priests and levites had by gods speciall command and precept ( oft repeated ) both cities , houses , suburbs , lands , gl●bes de●igned to and settled on them by their brethren out of all the other tribes of israel for their habitation , and the feeding of their cattle , goods , beasts , and that in a very large and bountifull proportion . and likewise necessary and convenient houses , chambers , and lodgings neer the temple , when first built , and when reedified afterwards , which refutes the common errour of those ignorant simpletons and illiterate new-lights : who from numb . . . deut. . . chap. . , . the priests , the levites , and all the tribe of levi shall have no part nor inheritance with israel : they shall eat the offerings of the lord made by fire , and his inher●tance : therefore shall they have no inheritance among their brethren , the lord is their inheritance , as he hath said un to them ; conclude : that the priests and levites amongst the israelites , had no cities , houses , lands , suburbs or possessions of their own belonging to their office , and were expresly forbidden by god to receive or enjoy any among their brethren : and hence inferre ; that ministers of the gospel ought not to enjoy any rectories , houses , lands or glebes : whereas all the forecited scriptures directly record the contrary , and the meaning of these seeming repugnant texts , is onely this , z that they should have no inheritance amongst their brethren in such sort and manner as they had ; set out altogether in one parcell by joshua and the rest who divided the land amongst the tribes by lot ( which would have hindred them from their duties ) but only a subsequent assignment of certain cities , houses and suburbs seattered and divided one from another , in and out of every tribes inheritance ; that so they might perform their offices with more ease , and be alwaves ready at hand to teach and instruct the people upon all occasions . . that the inheritance of the cities , houses and suburbs , which they enjoyed , should not be reputed their own proper inheritance , though they enjoyed the possession and profits thereof , but gods inheritance , as a thing devoted and dedicated unto god ; and therefore stiled by ezechiel , an oblation unto god , and an holy portion ; as a histories , divines , common , civil and canon lawyers stile all our rectories , church lands , and glebes , with the charters that first setled them , being given and consecrated deo et ecclesiae , an oblation unto god , and the church . . that these endowments & glebes of theirs , were called and reputed , gods own portion and inheritance . . because given by his specia● command and appointment by all the tribes . . because originally consecrated and devoted to god and to his priests and ministers onely in gods right , and for his sake . . because given to promote gods worship , and for an habitation and support to gods own priests and levites , imployed wholy in his immediate service . . that they were expresly prohibited to be sold , exchanged , or alienated by the priests , levites , or any others ; because they were given unto god , as an holy portion and oblation , and to the priests and levites for a perpetuall possession , whose inheritance was onely in god himself : and therefore not possible to be justly and lawfully sold , exchanged or alienated by the priests , levites , or any other mortal powers whatsoever , who could claim no power , right , property or disposing interest in or over them against gods own soveraigne and sacred title . . that these cities , suburbs , and glebes , were ratably set out in and by every tribe in an equal proportion , according to the multitude or paucity of their cities , as a tenth of their cities and lands , to which their cities and suburbs amounted , as some probably conceive . and yet besides these cities , there were houses and schools of prophets and prophets children ( in nature of our universities ) in bethel and in jericho kings . , , , . to . chap. . , , , . which were none of these cities . . that none of the kings and princes of judah , though many of them were idolatrous , wicked , and put to great extremities to raise moneys to pay their armies , and tribute to forreigne invaders and conquerors , did yet ever attempt to sell or alienate the cities , suburbs , or revenues of the priests and levites to maintain their wars , or pay publike debts or tributes , though king asa , jehoash , hezekiah by way of lone ) made bold with the silver and gold in the treasure of the lords house , in cases of publike extremity ( which might be afterwards paid ) kings . . cap. . . chron. . . yea , the scripture expresly records , that in the great famine in aegypt , when all others sold their lands , to buy bread , to king pharo●h , only the lands of the priests bolight he not : for the priests had a portion assigned them of pharoah , and did eat their portion which pharoah gave them , wherefore they sold not their lands , gen. . . to . . that the idolatrous usurper jeroboam , out of a carnal feare and policy to keep the people from returning to their rightfull soveraign , and establish the crown on himself and his posterity , was the first man we read of , and his idolatrous sons and successors after him , who cast out gods priests and levites out of their offices , and then , out of their cities , suburbs and possessions , which he enforced them to desert , ( though we read not , that they sold them to maintain their warres or pay soldiers arrears ) who thereupon repaired to jerusalem , to rehoboam the right heir , and after them out of all the tribes of israel , such as set their hearts to seek the lord god of israel , came to jerusalem to enjoy gods ordinances , and strengthen rehoboam and his kingdom , against this persecuting usuper , chro. . . to . . that this casting out of the priests and levites from their offices and possessions , and making priests of the lowest of the people , and suffering every one that would to consecrate himself a priest without a lawfull call , is objected against jeroboam by ahijah as a very high crime , and provocation against god ; and the maintaining and encouraging of gods lawful priests and levites in their offices and setled possessions alledged by him as a certain argument of gods presence with a king and people , and of victory and successe in conclusion , against sacrilegious usurpers . . that when gods lawfull priests and levites are deprived of their glebes and possessions , we must presently expect , a base , contemptible , time-serving , idolatrous , ignorant priest-hood , jeroboams golden calves , with their new feasts and sacrifices , and a universal inundation of idolatry , wickednesse , prophanesse to ensue , with all the forementioned calamities , which befell jeroboam● army , adherents , subjects , person , family , kingdome : which the lord now set home on all our hearts , that we may never be guilty of such a sacrilegious , ruinating , god-provoking , realm-destroying , church-subverting practise in the least degree , as some would now perswade us to , in stripping our ministers of all their gl●bes , rectories and setled maintenance at one blow , ( which even pharoah himself , and godly joseph refused to do towards the very idolatrous priests of aegypt , allowing them an extraordinary daily portion to preserve their lands from sale in time of famine , gen. . , . whereto they have as lawfull , as just , as divine a right , as these priests and levites had to their cities , suburbs , houses and possessions , as i shall prove anon . , that god onely wise did by speciall laws and edicts institute and prescribe tithes , as the most expedient , equitable , fitting , just , rationall and convenient maintenance and reward of all other for his own priests and levites , is undeniably proved by levit. . . , . deut. . . , , . chap. . . to the end . chap. . , , , , . num. . . to . neh. . , , . chap. . . chap. . , , , , . prov. . . chron. . . to . mal. . , , luke . . heb. . , , . which texts all may read at leisure , and are needlesse to transcribe at large , this truth b●ing confessed by all opposites to tithes , who hence condemned them as jewish and ceremoniall rites now abolished . that which i shall observe from them , is briefly this . . that the payment of tithes to the priests and levites , was positively prescribed by gods speciall precepts and commands , frequently recited . . that gods own people were specially commanded by him to pay tithes of the seed and increase af all their land ; of all corn , wine , oyl , fruits , yea , of garden herbs , seeds , matth. . . luke . . and likewise of the increase of all their cattle , herds , flocks . . that god gave these tithes , and all the tenth in israell , to the priests and levites for an inheritance , as a due reward for their service which they serve , even the service of the tabernacle of the congregation ; which all israelites else were p●ohibited to come into , or do service in , lest they bear their sin and dye ; and this was to be a statute for ever throughout their generations . numb . . , , , , . heb. . . . that all the tithes of the land , seed , fruit , herbs , flocks , and of whatsoever annuall increased , or passed under the rod , are expressely said to be the lords , to be holy unto the lord , consecrated unto the lord , and an heave-offering unto the lord , which he gave unto the priests & levites , for an inheritance , levit. , , , , , , . num. . . chron. . . . that god enjoyned all the israelites , truly to tithe all the tithes of their increase and not to eat or embesle , detain or exchange any of it , especially for the worse , deut. . . chap. . . leuit. . . mal. . . and if any man would redeem his tithes , he was to give the full price , and adde a fifth part over to it . levit. . . . that all these tithes were to be brought by the people to the places and treasuries appointed for them , ( the corn ready threshed , winnowed , and the wine , oyl , fruits in vessels ) at the peoples own costs , without any trouble to the priests or levites , and if the place , whither they were to be brought , was too far off , then , that they called the second tithe , ought to be turned into money by the owner , and the money paid to the priest and levites in lieu thereof . deut. . , , . chap. . . to . chap. . , , . chron. . . , , . neh. . , . chap. . . chap. . . to . amos . . mal. . . . that the detaining of these tithes from the priests and levites was a great sin and sacrilegious robbing of god himself , accompanied with his curse , and punished with scarcity , barrennesse , devouring locusts , blasting of the fruits of the earth , &c. mal. . . . . ( a place worthy the saddest consideration of all tith-oppugners and substracters ) will a man rob god , yet ye have robbed me : but ye say , wherein have we robbed thee ? in tithes and offerings : ( here is the sacrilegious sin ; pray mark the just deserved punishment ▪ ) ye are cursed with a curse : for ye have robbed me , even this whole nation ( what this curse was , follows ) the devourer , ( that is , devouring creatures , as locusts , caterpilla●s , palmer-worms and canker worms , and the like ) did destroy the fruits of their ground , their vines did cast their fruit before their times in the field ; and god blasted and destroyed all their corn and fruits with blasting and meldew , and hail ; a●os . . joel . . yea ; they sowed much and brought in little ; they did eat , but had not enough ; they did drink , but yet were not satisfied with drink : they did cloth themselves , but there was no warmth : and he that earneth wages is to put it into a bag with holes . they looked for much , and lo it came to little , and when they brought it home , god did blow upon it ; yea , the heaven over them was stayed from dew , and the earth was stayed from her fruits , and god called for a drought upon the land , and upon the mountain●a , nd upon the corn , and upon the new wine and upon the oyl , and upon that the ground brought forth , and upo● men and cattle , & upon all the labour of their hands : when one cam● to an heap of measures , there were but ten ; when one came to th● presse-fat for to draw out fifty vessells , there were but twenty ; and the wine , and the figs , and pomegranate tree , and the olive tree , did not bring forth , hag. . . , , . chap. . , , . o tha● all hard hearted , covetous , hypocriticall , atheisticall detain●ers of , and declaimers against tithes , and ministers just settled maintenance , would lay these judgements , and curses of god close unto their hearts , that so they might thereby be reclaimed from their robbery and sacri●ledge against god , and prevent , and divert these judgements curses from themselves , and our whole nation , which hav● cause to fear , and will doubtlesse feel them to their smart an● loffe if they rob god and our ministers in such sort as many now strenuously endeavour ! . that god himself annexed many gracious promise● of giving abundance of all earthly and spirituall blessings , t● the chearfull , conscientious due payment of tithes to hi● priests and levites for their maintenance ; which i shall recite , to excite men chearfully to this paractise now , deut. , , , . thou shalt truly tithe all the increase of th● seed , corn , wine , oyl , herds , flocks ; that thou mayest learn to fea● the lord thy god alwayes ; and that the lord thy god may blesse thee in all the work of thy hand , which thou doest , deut. . , , , . when thou hast made an end of tithing all the tithes of thine increase , the third year , which is the year of tithing ; and hast given it unto the levite , &c. then thou shalt sa● before the lord thy god , i have brought away the hallowed thing ▪ out of mine house , and also have given them unto the levite , &c. according to all thy commandements which thou hast commanded me , i have not transgressed thy commandements , neither have i forgotten them . i have not eaten thereof in my mourning , neither have i taken away ought thereof for my vnclean vse , nor given ought thereof for the dead , but i have bearkened to the voice of the lord my god , and have done according to all that thou hast commanded me : look down from thy holy habitation from heaven , and blesse thy people israel , and the land which thou hast given us , a land that floweth with milk and honey . such a conscientious true payment of tithes as this , according to all gods comandements , without the least substraction or embeslements , emboldens , enables every particular man to make such a prayer to god , as this , not onely for himself , but for the whole land ; and brings a blessing upon himself and all the realm , and makes it a land flowing with milk and honey , and abundance of all rich blessings . besides , we read in chron. . . to . that when godly king hezekiah had destroyed idolatry , and appointed the courses of the priests , and levites after their courses , every man according to his service , he brought offerings , and peace offerings , to minister and to give thanks , and to praise in all the gates of the tents of the lord : he appointed also the kings portion of his svbstance for the burnt-offerings , for the morning and evening ; for the sabbaths , the new moons , and set feasts ; moreover he commanded the people that dwelt in jerusalem , to give the portion of the priests and the levites , that they might be encouraged in the law of the lord. and assoon as the commandement came abroad , the children of israel brought in abundance , the first-fruits of corn , vvine , oyl and honey , and of all the increase of the field , and the tithes of all things brought they in abundance . and concerning the children of israel and judah , that dwelt in the cities of judah , they also brought in the tithes of oxen , and sheep , and the tithe of holy things , which were dedicated unto the lord their god , and laid ●hem by heaps . in the third moneth they began to lay the foundation of the heaps , and finished them in the seventh moneth , and when hezekiah and the princes came and saw the heaps , they blessed the lord and his people israel . then hezekiah questioned with the priests and levites concerning the heaps ; and azariah the chief priest of the house of zadok , answered him , & said ; since the people began to bring the offerings into the house of the lord ; we have had enough to eat , and have left plenty ▪ ( but did the people grow poore thereby ? no , but much richer than before ) for the lord hath blessed his people , and that which is left , is this great store . then hezechiah commanded to prepare chambers ( or store-houses ) in the house of the lord , and they prepared them , and brought in the offerings and the tithes , and the dedicate things faithfully ; over which cononiah the levite was ruler . how different was this practise of all the people and godly saints in those daies , in a chearfull bringing in their tithes and oblations to the priests and levites in abundance for their encouragement ; which caused king hezechiah , his princes , the priests , levites , and god himself to blesse them ; from the sacrilegious practice of tith-detaining hypocritical saints and christians in our d●ies : who shall never receive such a blessing as this from god or good men , but their curses : if these texts and 〈◊〉 will not move such hard hearted men , let them consider 〈◊〉 this precept and promise of god. prov. . , . honour the lord with thy substance , and with the first fruits of thine increase , so shall thy barns be filled with plenty , and thy press shall burst out with new 〈◊〉 : and mal. . , , , . return unto me , and i will retu●n unto you , saith the lord of hosts , wherein shall we return ? bring 〈…〉 the ●●●hes into the store-house , that there may be meat in mine 〈…〉 me now herewith , saith the lord of hosts , if i will n●● 〈◊〉 the windows of heaven , and powre you out a blessing , 〈◊〉 there shall not be room enough to receive it ; and i wi●●●●●ke the devourer for your sakes , and he shall not destroy the 〈◊〉 of your ground , neither shall your vine east her fruit , before her ti●● in the field , saith the lord of hosts : and all nations shall 〈◊〉 you blessed , for ye shall be a delightsome land , saith the lord of hosts . what christians heart ( though never so covetous and worldly ) should not these sacred promises of god , ( the last of them recorded in the last of all the books and p●ophets in the old testament , they being not meerly levitical and judaical , but of eternal verity , use , and evangelical to● ) excite and engage , most cheerfully to pay and bring in all their tithes and dues to gods ministers now , as w●ll as to the priests and levites heretofore ; christ himself having made like parallel promises of blessings and rewards for relieving and maintaining his ministers in the gospel , mat. . , , . mar. . . phil. . , . . that the due payment of tithes to gods priests and levites , was a great encouragement to them in the law of the lord , and in the diligent execution of their duties , chron. . , , , . and on the contrary , the with-holding of them from them , a great discouragement , necessitating them to desert their duties and functions : witnesse that memorable text , neh. . , . . and i perceived that the portions of the levites had not been given them ( mark the consequence ) for the levites and the singers , that did the worke were fled every one to his field . then contended i with the rulers , and said ; wby is the house of god forsaken ? and i gathered them together , and set them in their place . then brought all judah the tithes of the corn , and the new wine , and the oyle unto their treasuries ; and i made treasurers over the treasuries , shelemiah the priest , and zadock the scribe , and of the levites redajah , &c. for they were counted faithfull ; and their office was to distribute unto their brethren . which reason still continuing under the gospel in relation to the ministers and preachers thereof . heb. . , . phil. . . to . is a strong argument to engage all true christians desiring the propagation of the gospel , and a painfull able ministry duly to pay their tithes and portion to them . . that it was the bounden duty and care of religious kings and governours amongst gods own people , when the people were backwards to pay and bring their tithes and duties to the priests and levites , to command , and enforce them to do it by speciall covenants and oaths , sealed and subscribed by the princes and people ( neh. . . cap. . . to the end ) and likewise by positive ordinances and injunctions , and to be earnest and zealous in it , as the two last recited examples of king hezechiah , and nehemiah evidence ; and this was so far from being an unjust and oppressive action and grievance to the people ; as some now term it ; that it is recorded of god himself for their honour , and others imitation , and so well pleasing unto god ; that nehemiah closeth up the history of his acting , in this kinde , with this memorable addresse and prayer to god himself , neh. . . remember me , o my god , concerning this , and wipe not ovt the good deeds that i have done for the hovse of my god , and for the offices thereof . and will not god remember their ill deeds in wrath and vengeance , who shall do the contrary to what he and king hezekiah acted , in robbing god and his ministers of their tithes and setled dues ? b st. hierom with others affirm : that the israelites had four sorts of ●ithes . . that which the people paid to the levites , being the tenth of every thing that was food for man , not so much as herbs excepted , and whatever received increase from the earth . . that which the levites paid to the priests , being the full tenth , or their tithes . . that which they received for expence in their solemn feasts , when they went to the tabernacle or temple , whereof the owner and his family were to eat in those feasts as well as the levite , deut. . , . chap. . , . . the third years tithes , which were then laid up for the levites , and likewise for the stranger , the fatherlesse , the poor widdow within their gates , in the husbandmans own barns and store-houses , and not then carried to jerusalem , as the other tithes were . deut. . , . cap. . . . their first and second tithes every year ( as they affirm ) amounted to . in the hundred ; so as the husbandmans clear lay-chattel , the tithes first deducted came but to eighty one bushels of corn , or eighty one pipes or tuns of wine or oyl , in every hundred ; which considering the costs the husbandman was at in threshing and fanning the corn , barrelling up the wine and oyle , and carrying them to jerusalem , and the priests treasuries at their own costs , amounted to double the tithes we pay now and more ; besides the first fruits paid out of them in kind before the tithes ; their free-will offerings , sacrifices , oblations and other charges gods worship prescribed by the levitical law , together with half a shekle every poll for the service of the tabernable , exod. . , , . yet the israelites were obliged by god to pay all these tithes , which all the godly amongst them chearfully did without murmuring , notwithstanding every seventh year amongst them was sabbatical , and free from tillage , and the voluntary fruits of the earth then growing were to be for the poor , & the beasts of the field were to eat the rest , ex. . , . lev. , &c. what would our anabaptists and tith-oppugners have said and done , had they been born israelites , under the law & clogged with so many tithes and expences , who now grumble and refuse to pay half so much tithes as they constantly did , though they pay no first-fruits , sacrifices , and other costly oblations of several sorts to god , as the israelites did , besides all these tithes ? i fear their covetuous , sacrilegious hard-hearts would have induced them to cast off , not onely gods priests and levites ( as now many of them do our ministers ) as superfluous creatures , but even all gods chargeable ordinances and levitic●l forms of worship as intollerable grievances , oppressions , and renounced god himself to save their purses , and turned athiest out-right : let them therefore reform this their sacrilegious tith-detaining practises and opinions , lest whiles they pretend to avoid judaisme , they prove worse than the very jews themselves ; yea worse than the very jewish pharisees , who paid tithes even of rue , annis , mint , comin , and all other herbs , and of all they had . matt. . . luke . . cap. . . whose righteousnesse all christians righteous must exceed by christs own verdict , else they shall never enter into the kingdome of heaven , mat. . . nay worse than the very idolatrous jews under jeroboam and his successors , who paid their tithes duly even to the base idolatrous priest at bethel and gilgal , who waited on the service of the golden calves , and brought all the oblations to their very calves , which god reserved to his priests , levites , and himself ; as is evident by amos . , . come ye to bethel and transgresse , at gilgal multiply transgression ; and bring your sacrifices every morning & yovr tithes after three years , and offer a sacrifice of thanks giving with leaven , & proclaim & publish the free offerings , for this liketh you . o yee children of israel , saith the lord of hosts . let those idolatrous jews and israelites now shame them to their duties , lest they rise up in judgement and condemn them , at the last day . these cities , suburbs , houses , glebes , tithes , thus settled on the priests and levites for their habitation , maintenance and reward of their ministeriall function , had nothing properly typicall or ceremoniall in them ; and being assigned to them by god himself onely , for their necessary habitation and competent livelyhood , may and ought to be continued , and imitated in a fitting proportion under the gospel , for the habitation , maintenance and livelyhood of the preachers of the gospel , who are to live by the gospel , as well as they did by the temple and altar , cor. . , . . there was another supplementall maintenance , besides these glebes and tithes , prescribed by god in the levitical law for the priests , and was properly ceremoniall , leviticall , and quite abolished with that priesthood by christs death ; and that was the priests share out of every meat-offering , made of fine flower , , oyl and frankincense unto the lord by the people , a small part whereof the priests were to offer up to god upon the altar , and the remnant which was left was to be aarons and his sonnes , with the breast and right shoulder of every peace-offering , offered by the people , called the wave-breast , and the heave-shoulder , given by god to the priest , who offered the bloud and fat of the peace-offering at the altar , together with the skin of every burnt-offering , levit. . , . chap. . . to . and . to . exod . . , . chap. . . numb . ▪ , . and from them that offered a sacrifice , whether it were ox or sheep , this was the priests dve likewise from the people ; they were to give unto the priest the shoulder and the two cheeks and the maw , by gods speciall appointment , deut. . . ezech. . . . which fee eli the high priests sonnes exceeding and exacting more than was due by violence , it exceedingly provokes god and men to abhor the sacrifices of the lord , and proved the ruine of eli and his family , sam. . . to the end . these dues and fees of the priests serving onely at the altar , had no affinity with the forementioned glebes and tenths , belonging as well to the levites ●s priests , and therefore are distinctly prescribed by themselves . now for any to argue that tithes and glebes , which were no wayes properly ceremoniall , leviticall or typical , are quite abolished by christ , and incompetible with the gospel , because those meat-offerings , peace-offerings and sacrifices , ( which were meerly ceremoniall and typicall , and by consequence the fees due unto priests out of them ) are quite abolished by christ , the onely true meat-offering , peace-offering and sacrifice for us unto god ; is a meere non sequitur , they being things of a different nature , and the one eternally abolished by christ , as the whole epistle to the hebrews testifies , but the other not , as the said very epistle attests , hebrews . . to . compared with cor. . . to . tim. . , . gal. . . and here i shall beat our sword-men and other tithe-oppugners with their own weapon . they tell us for an unqu●stionable gospel-truth ; that ministers of the gospel ought to have no certain or coercive maintenance , but onely voluntary free will-offerings , such as the people shall willingly give them without any law or constraint ( though their own unordained chaplains in the army and garrisons have constant pay each moneth out of the peoples purses , to whom they do not speak , and are not maintained by the souldiers free , but the people 's enforced monethly contributions ; which practise they should first reform , if repugnant to the gosp●l : now such maintenance as this , is more properly and purely levi●icall and ceremonial than tithes ; since all meat-offerings , peace-offerings and sacrifices , out of which the leviticail priests were to have their share and maintenance , were onely free-will-offerings voluntarily offered to god , without any coercion , when they pleased , levit. . . chap. . . chap. . , , , , num. . ● . chap. . . deut. . . chap. . . psal . . . if then tithes , glebes , and all coercive or settled maintenance for ministers be abolished and unlawfull under the gospell , though not primarily , and purely leviticall , but of divine , morall , and naturall right , by the dictate of na●urall reason ; as tyndarus , rebussus , and many others affirm in their treatises of tithes ; then much more must their maintenance by the leviticall free-will-offerings , oblations , and sacrifices be such ; being more purely leviticall and ceremoniall than tithes , as these instances manifest , and cor ▪ . . heb. . , . and if ministers of the gospel must have neither a settled nor inforced maintenance , by glebes , tiths or otherwise ; as some now plead , nor yet an uncertain one by voluntary free-will offerings and contributions , they shall have no maintenance at all allowed them under the gospel ; whereas the priests of god under the law had both a certain setled maintenance and reward by glebes and tithes ; & likewise an arbitrary and uncertain , by their fees and dues out of the peoples freee-will-offerings , and sacrifices ; and why ministers of the gospell may not have a like setled and coercive maintenance , both by glebes and tithes , and likewise an honorary super-additionall reward according to their pains and merits , by the voluntary benevolences , and free-will-offerings of the people , as well as priests under the law , or as well as servants and all publick officers , military or civill ; let their opposites render me a reason , when they are able ; the apostle resolving thus of ministers of the gospel in opposition to the priests under the law , heb. . . we have an altar , whereof they have no right to eat which serve the tabernacle ; which compared with cor. . , . do ye not know , that they which minister about holy things , live of the things of the temple ; and they which wait at the altar , are partakers with the altar : even so hath the lord ordained , that they which preach the gospel should live of the gospel , and with phil. . . but i have all , and abound , and am full , having received from epaphroditus the things ( or voluntary contribution ) sent from you , an odour of a most sweet smell , a sacrifice acceptable well pleasing to god : will warrant this conclusion ; that as the gospel in these texts retains the old legal terms of altar & sacrisice , in a reall , evangelical sence , in relation both to the office & maintenance of the ministers of the gospel ; so christians under the gospel in the self same sence , may and ought to allow them the like settled maintenance by glebes and tith● , and likewise additionall rewards by voluntary evangelicall sacrifices and oblations for attending on the new gospel-altar , jesus christ preaching of his gospel to them , as the priest under the law received from the people . . there was another additionall way of maintenance for the priests under the law , but certain and considerable by gods speciall appointment ; even the first-born of man and unclean beasts , which were to be redeemed , at a set value given by god to the pri●fts , the firstlings of all their herds , beasts , flocks that were clean , payable in kind ; and the first fruits also of their ground , corn , wine , oyl , and of all manner of trees and fruits , and likewise of their dough : which god peculiarly reserving and consecrating to himself as his own , and holy to himself ; did yet transferre them to his priest , and enjoyns the people to give and bring unto the priests , that they may cause the blessing to rest in the peoples houses ; as you may read at leisure . exod. . , . chap. . , . chap. . , . chap. . , , , . levit. . , . chap. . , . chap. . , , . numb . . . deut. . . chap. . . chap. . . chap. . , . compared with num. . . to . kings . . chron. . . and neh. . , . chap. . . chap. . . prov. . . ezech. . . chap. . . chap. . . these first-fruits most hold to be meerely ceremoniall and types of christ , the first-born of god , heb. . . psal . . . the first-fruits from the dead , cor. . , . and of christians under the gospel , who are called a kind of first-fruits of his creatures , jam. . . and the first-fruits unto god and to the lamb , rev. . . therefore abolished by christ as ceremoniall and leviticall . but yet notwithstanding , seeing all true christians are and ought still to be even spirituall first-fruits unto god under the gospel ; to present themselves , their souls and bodies a living sacrifice , and oblation , holy , acceptable unto god through jesus christ : in the first place , rom. . . cor. . , , , . and to seek first the kingdome of god , mat. . . and then afterwards to be ready to consecrate all their goods and estates to god and his service , so far ●orth as there is occasion or necessity , acts . , , , . i cannot yet discern , but that all christians by a proportionable kind of gospel and naturall equity , are still obliged to render a kind of first-fruits out of their estates , besides their tithes , for the maintenance and propagation of the gospel when and where there is occasion ; there being sarre more equity and gospel justice for it , than that our ministers , out of their small , scarce competent , and many very incompetent livings , should pay the first-fruits and first years profits of their livings to the king or state ( as formerly they did unto the pope through papal vsurpation onely ) by the sta●utes of h. . cap. . h. . c. . . eliz. c. . and almost above the tenth of all their livings to the soldiers ( amounting to treble their tenths to the king or pope ) without any grant at all by them or their proxies in the usuall legal , just , parliamental way , against all their rights , priviledges and our laws : the jewish priests and levites under the law being never burthened with such first fruits or taxes , by their soveraigns , and exempted from them even by a heathen conqueror , ezra . . which those , who now endeavour to deprive them of their tithes , glebes , and yet exact both first-fruits , tenths and contributions from them , may do well to consider . having thus related at large , what a liberal , various , full , and competent maintenance god setled on his priests and levites under the law , by glebes , tithes , oblations , sacrifices , poll-money , first-fruits , besides the tenth and tribute out of the very spoiles of war formerly insisted on . i shall now apply it home to the ministers of , and christians under the gospel , in these short aphorismes . . ministers and preachers of the gospel inwardly qualified with sufficient gifts , graces , and lawfully called and ordained , are gods and christs own institution , and ministers as well as priests and levites under the law , matt. . , , . chap. . , . luke . , , &c. chap. . , , . mark ▪ , , &c. cap. . , . acts . , , , &c. cap , . . cap. . , , . cap. . , . . rom. . , , . cor. . , , , , , . cap. . , , , , . ephes . . . to . col. . . tim. . , . cap. . , , . cap. . , . tit. . , , . heb. . . jam. . , . thes . . . cor. . . ▪ cor. . . cap. . . . that their ministry and calling is far more honourable , glorious , necessary and beneficiall to mens souls , than that of the priests and levites under the law. cor. . . to . heb. . to . . that it is far more painfull and labourious , than the ministry of the priests and levites under the law ; acts . . cor. . . to . tim . , , . tim. . . thess . . . ▪ pet. . . rom. . , . cap. . , . . that therefore there is as just , as competent , as full , as honourable and setled a maintenance , and as much honour , reverence , obedience , love and recompence due unto them , for their very work and calling sake from all christians under the gospel , as there was from gods people to the priests and levites under the law ; as i have already proved in the first proposition ; and that by divine institution , cor. . , . tim. . , , . for whence c hemingius ( with all o●thodox protestant divines , i have seen besides as well as papists and jesuites ) concludes thus . admoneantur igitur pii , qvod jvre divino ecclesiae ministris debeant stipendia ; that all the godly are to be admonished , that by divine right they ow wages to the ministers of the gospel . and if so , then . it follows inevitably , that there being no other setled way of maintenance particularly prescribed for them in the gospel ; and convenient houses , glebes for them , their families , and necessary cattle ; and tithes of the increase of the fruits of the earth , and cattle of all sorts , being as necessary and requisite for the habitation , food , clothing , support of them , their ministry , families , and supply all their necessaries with as little charge or trouble , as may be , as for the priests and levites under the law : that godly christians cannot pitch upon any equaller , fitter , juster , better , wiser , rational or convenient way of maintenance for them , than that of necessary houses , rectories , glebes in every parish , and tithes of all things needfull for food and raiment , it being the constant standing setled maintenance which the most wise , just , and holy god invented , prescribed for his own priests and levites maintenance amongst his own people , when setled by him in the land of promise , and that which all setled christians empires , kingdoms , states , churches generally through the christian world have pitched upon , as most agreeable to gods will and word , under the gospel , which no wayes repeals nor contradicts his own former prescriptions of this kinde . . that the glebes and tithes of the priests and levites under the law , were reserved by god himself ( the supream land-lord of all kingdomes , countries , nations , churches , people in the world , and the special god , lord , king , father , saviour and preserver of his own people ) as a sacred , holy tribute , rent , portion , and homage due unto himself from poor creatures , servants , vassals ( who are no true proprietors , but onely stewards and tenants at will of all the lands , goods , earthly blessings and possessions they enjoy ; the earth being the lords , and the fulnesse thereof , and the corn , wine , cattle , fruits and earthly creatures we possesse , not really ours , but gods own , chr. . . to . psal . . . psal . . . psal . . , , , . e●ech . . , , . hos . . , . dan. . , . mat. . . . ) the use and possession of which tribute , he allotted to the priests and levites under the law for their maintenance , salary and reward of their labour in his service , for the advancement of his worship , glory , honour , and his peoples spiritual good : reserving the inheritance and right thereof alwayes to himself ; as the premises sufficiently evidence : now god himself to whom alone tithes and glebes ( were originally impropriated ; not to the levitical priest-hood ) being unchangeable , without any variableness or shadow of turning , jam. . . psal . . , . mal. . . and jesus christ ( to whom tithes were first paid by abraham in the person of melchisedeck ) having an unchangeable priest-hood , and being a priest for ever after the order of melchisedeck , heb. . and all christians whatsoever under the gospel , being as much his absolute creatures , vassals , servants , stewards , and tenants , as well , as the israelites under the law , and all their lands , goods , earthly blessings , corn , wine , cattle , and imployments , his in right , and not their own , as well as theirs too ; why they should not all render to him the self same sacred tribute , holy portion , rent , homage of glebes and tithes of all they have , as well as they ( though the levitical priest-hood be abolished ) they being so specially reserved and consecrated to himself , for the support , maintenance , reward , encouragement of his faithfull ministers under the gospel , imployed in his service for his honour , glory and their everlasting salvation ; let john canne , and all presumptuous peremptory tith-oppugners , answer me ; yea , this their soveraign land-lord and creator , if they can ; who will one day call them to a strictaccompt for detaining this due rent , tribute , homage from him , and may justly dispossesse and strip them naked of all they have for this their ingrate , contemptuous carriage towards him , as he hath done many of late , by fearfull fires and other judgments , as well as heretofore , mal. . , , . . that as the gospel it self succeeded the levitical law , and baptisme and the lords supper , circumcision and the passeover : so the apostles and ministers of the gospel , succeed the priests and levites under the law in their ministerial function in the church of christ , by gods appointment : their ministry and office being both the same in substance ( even to worship , praise and honour god according to his revealed word and will , and instruct , exhort , direct and guide his people in the way of salvation ) though differing in some circumstances of lesser moment , abolished by christs death . it is therefore most reasonable , just , equitable , convenient , they should receive and enjoy the like setled maintenance by glebes and tithes , as their predecessors did , god hav●ng prescribed none other kinde of reward or subsistence for them in the gospel that any can shew me . it is usuall in all kingdomes , states , nations , where there are any publike setled offices and officers , for any persons who succeed others in those offices , to enjoy the self same salaries , houses , lands , fees , and revenues as their predecessors lawfully received , unlesse there be some special laws to alter their stipends : this we see verified in all civil , military and ecclesiastical officers ; yea , in the times of greatest publike charges that ever befell the nation , those whom most yet call judges , sheriffs , majors , generals , colonels , captains and governours of forts , &c. though their commissions be altered in some things , and themselves in more , do yet receive the self same salary , pay and maintenance annexed to their offices , as their lawfull predecessors did ; yea , to come closer home ; all our protestant ministers , since the reformation of religion , have generally enjoyed the gl●bes and tithes ( as the parishioners enjoy and frequent the churches ) as their popish predecessors did before them ; though the one of them ( just like the levitical abolished priests ) made it their chiefest businesse and part of their calling to say masse , and offer an unbloudy sacrifice ( as they falsely termed it ) on their altars both for the quick and dead ; and the other , who succeed th●m , make it their principall work to preach the gospel , and administer the sacraments according to christs institution . since then the ministers of the gospel succeed the levitical , as well as the popish priests , as the gospel doth the law , and the christian sacraments the jewish ; and we , with all converted gentiles engraffed into jesus christ and the church of god , succeed the jews , who were broken off from their own olive tree , that we might be engraffed in their places , who now partake of the root and fatnesse of their olive tree ; as the apostle resolves , rom. . . to . why the ministers of the gospel should not likewise succeed the leviticall priests ( as well as the popish ) in the enjoyment of their setled maintenance by glebes , tithes , ( being not meerly ceremonial , as i have proved ) and all believing gentiles , who succeed the believing israelites in gods church , succeed them likewise in the due and just maintenance of their ministers by tithes and glebes , reserved to and prescribed by that true , holy , just and righteous god , who is not only the god of the jews , but of the gentiles also , rom. . . let any rational christian now resolve his own conscience and mine , from friends or scripture , reason or equity if he can ; god having given us a land flowing with milk and honey , and as fit , as able to render glebes and tithes of all things in kinde , as he did unto the jews . it is a received maxime in our law , quod venit in loco alterius est de natura prioris . if this be gospel , as it hath been h●ld both law and reason under the gospel ; i need add no more to this aphorisme , to prove the lawfulnesse and equity of our ministers glebes and tithes ( and to continue as well for the future as heretofore ) by a divin● right . . that all christian churches , and pious christians generally throughout the world , from the apostles dayes till now , have unanimously resolved , both in point of piety , justice , conscience , and right reason , that they are bound to consecrate and render unto god the sel●same weekly portion of time for his publick worship , as the israelites and jews under the law were obliged to do ; to wit , one day in seven : though they differ in the circumstance onely of the day , they observing the seventh day from the creation every week ( in memory of the creation , and gods rest thereon ) for their sabbath , prescribed by speci●ll lawes ; and we the first day of every week in memoriall of our saviours resurrection thereon , by the generall , morall equity of these laws warranted by apostolicall practise only , without any special gospel-precept . let then the whole army of tithe-oppugners render me one dram of reason , or shadow of answer if they canne , why all christian realms , churches , nations in the world , may not , should not by the self same rule of piety , justice , equity and proportion continue and render the like proportion of glebes , tithes to god and his ministers under the gospel , as the jews did to him , his priests , and levites under the law ; as well as they render to him the self same proportion of time for his weekly , publick service , and why payment of tithes under the gospel to god , who gives us both them and the residue of our estates , and encrease out of his own meere free grace , for the maintenance of the ministers of the gospel , and support of his publick worship on the lords day should be more judaicall , vnchristian , antichristian , superstition ( as canne and others stile it ) than the dedicating and appropriating of the lords day to gods publick worship , and honour , who hath given and allowed us the other fix for our imployments ; when as he might have justly reserved the nine parts of our lands and goods to himself , had he pleased , instead onely of the tenth , as well as the six dayes in lieu of the seventh , wherrewith he is content , which d divines usually urge men to induce men to the more chearfull sanctification of the lords day , and some scribler● against tithes as well as others . . that christians under the gospel are bound in justice , equity and conscience to give their hired servants & labourers their due and deserved wages , and not to detain it from them , even under the gospel , and that by vertue of gods command recorded in the leviticall and judiciall law. levit. , . deut. . , . approved in the gospel , col. . . and to allow their beasts and oxen that plow and tread out their corn , straw and provender , without muzling up their mouths , by vertue of a like precept recorded , deut. . . ( twice repeated and urged by the apostle in the new testament , to prove the lawfulnesse of ministers maintenance under the gospel : cor. . , , . tim. . . ) and that without the least suspition of judaisme or antichristianisme ; therefore they may , and are also bound in justice , equity , conscience , not onely to settle glebes upon , but likewise to pay tithes to the ministers of the gospel , as a due wages , hire and reward for their labour in the ministry , as well as the jews did to their priests and levites without the least tincture of judaisme or antichristianisme : since christ in the gospel resolves , math. . . luke . . and tim. . . that ministers being labourers are worthy of their meat , hire , and a competent maintenance suitable to their pains and function ; as well as any other hired servants or labourers in the fields , or as our labouring oxen or horses are of straw and provender . . we read it recorded , sam. . , , . that this would be the manner of the king that should reign over the jews , that amongst other things , he will take the tenth of your seed , and of your vineyards ; and the tenth of your sheep , & give them to his officers and servants ; in imitation wherof , the kings of england in ancient parliaments , and of late times have usually demanded and received by grant in parliament , a decime or tenth of the goods and estates of their subjects for their supplies , and likewise a tenth of their merchandise exported and imported for tonnage and poundage , as our parliament records , histories , and rastall in his abridgement of statutes , tithes , taxes and tenths attest . if then our lawfull kings , princes and governours under the gospel , may justly demand and receive by grantia parliament , the tenth of all our goods , corn , wooll , sheep , estates , merchandise , for their necessary supplies , and the defence of the kingdome ; and some who are no kings , and have engaged against kingship as tyrannicall , do the like without a parliament , being not only a tenth of all our estates , but a double and treble tenth of all mens yearly revenues and estates , and of ministers tithes besides , for the maintenance of themselves and the army , without the guilt of jvdaisme or antichristian tyranny , oppression or svperstition : why our faithfull ministers , may not likewise demand and enjoy their glebes , and tithes , not onely granted , but confirmed to them by our ancestors in successive parliaments , from the first planting of the gospel in this nation till the reformation ; all our protestant parliaments since the reformation , and by sundry ordinances in the very last parliament , ( to which some now in highest power gave their cordiall votes ) for the preaching and propagating of the gospel , and saving of mens souls , without the like brand of judaisme and antichristianisme , let e john canne resolve me when he can ; who most falsely , scandalously , and unchristianly brands both the last and all protestant parliaments confirming tithes , for popish , idolatrous parliaments , acting against the lord jesus , and our ministry , for antichristian ministry ; who certainly was in his cannes or cups , when he writ and published such palpable , scandalous untruths , to the dishonour of our church , parliaments , nation , religion : but such cretians are alwayes lyars , evil beasts , slow bellies : wherefore they need a sharp rebuke , that they may be sound in the faith , tit. . , . he might have done better to excite those to whom he dedicates his pamphlet against those popish priests , monks , friars , jesuits , sent from the pope and rome into england of late to root out our ministry , and their maintenance , as most opposite to antichristianisme , and his papal s●veraignty and errors , under the notion of anabaptised dipped jews , gifted brethren , new lights , seekers , of which more in its due place . . that god in the leviticall and judiciall law prescribed laws for warre , and souldiers in the warres , deut. . throughout , and amongst others , v. , , . it shall be , when ye come nigh unto the battel , that the priest shall approach and speak unto the people , and shall say unto them ( for their encouragement ) hear o israel , you approach this day unto battel against y●ur enemies ; let not your hearts faint , fear not , and do not tremble , neither , be ye terrified because of them , for the lord your god is he that goeth with you , against your enemies to save you . after which , v. . &c. the officers are commanded to make proclamation , that every man , who was fearfull and faint-hearted should go and return to his house , left they should discourage their brethen , that they should proclaim peace to every city they came nigh , before they besieged or stormed it ; and if they won it by force , the souldiers should take the spoil thereof unto themselves , and eat the spoil of their enemies , which the lord their god had given them . and by another leviticall law the priests were thus enjoyned by god , to pray for and blesse his people , num. . . . &c. on this wise ye shall blesse the children of israel , saying to them , the lord blesse thee , and keep thee ; the lord make his face shine upon thee , and be gracious unto thee ; the lord lift up his countenance upon thee , and give thee peace : and they shall put my name upon the children of israel , and i will blesse them . if then it be neither jewish nor antichristian , nor superstitious nor unlawfull , for ministers of the gospel to encourage christian souldiers going to battel in the self same manner and form , or to blesse them and the people in these very leviticall words as f john canne and all anabaptisticall and independant chaplains of the army ( and mr. peters especially ) wlil grant , who have frequently used the sel● same or like encouragements and exhortations to the army , receiving good , constant pay for their pains . and if it be neither jewish nor antichristian , nor unchristian for our saintlike officers & soldiers under the gospel , to make like proclamation to cowardly persons , or to proclaim peace to cities and garrisons , ere they besiege or storm them , and if obstinate and won by force to take the spoil and plunder of such cities and enemies to themselves , and eat thereof , which i am certain all our officers , souldiers , and their anabaptisticall tithe-oppugning chaplains will grant and subscribe to , though thus prescribed by the leviticall law , abolished ( as they say ) by jesus christ . then questionlesse our ministers of the gospel may still receive and enjoy their gl●bes and tithes by like reason , without the least guilt or reproach of judaisme or antichristianisme , though prescribed to the levitical priests and levites , by the levitical law , else john canne and others of his fraternity ( professing themselves the only ministers of the gospel , and rejecting all others as antichristian ) must give over their chaplains places in the army , navy , garrisons , and no more encourage nor accompany any soldiers in the wars , or blesse the people , as aforesaid ; because it was a part of the levitical priests office ( who were also to blow the trumpets in the wars , num. . . to . josh . . , &c. prescribed by an abolished levitical law . . that all israelites and jews both priests and people , were by the levitical law frequently commanded inviolably to perform , keep , pay and execute the solemn oathes , vows and covenants they made to god or men , and no wayes to infringe them , or prevaricate in them , levit. . . num. . , . cap. . . to . deut. . . cap. . , , . josh . . , , . cap. . . to . cap. . . to the end . and among other things , we finde their tithes ( vowed to god by jacob , gen. . , , . ) coupled with their vows , as things devoted by them to god by vow , as well as reserved by law : deut. . . yea , all the jews were obliged by a solemn covenant to bring and pay their first fruits and tithes to god , his priests and levites . neh. . . to . will or dare john canne then , or any other tith-denyers aver , that it is both jewish , antichristian and unlawfull for ministers and christians under the gospel , inviolably to observe and perform all those just and lawful● oathes , vows , covenants , solemnly made to god and men , with hands lifted up to heaven ( as some of their perfidious horrid violations of them without blush or check of late seems to proclaim before god and all the world , and to pay those tithes and dues to our ministers , which our ancestors and we by solemn vows and covenants too , have dedicated unto god and his ministers , and never intended by our covenant to abolish or diminish in the least degree , ( as he perjuriously and absurdly asserts ) but to establish and perpetuate , as the late ordinances for tithes and augmentations made by the very prescribers and subscribers of the late solemn league and covenant ( which it seems john canne never took , though he presseth it on others , as his words many have sworn , who i hope will now observe it , import ) both at the time and since the making and taking of the solemn league and covenant , with the assemblies exhortation for the better taking thereof , authorised by the late parliament infallibly evidence . if so ; john canne with his perfidious oath-vow-covenant-breaking tith-abjuring disciples must renounce that true and onely god , they say they worship in greatest truth and sincerity ; as a jewish , unchristian , antichristian god likewise ( i speak it with reverence and honour too , for their fuller conviction ) because he alwayes hath been , now is , and will be , a most true , faithfull , oath-observing , covenant-keeping , vow-performing god , who reputes his oaths , vows , covenants , immutable things , and will never violate , falsifie , forget , or neglect them in the least degree , though made to sinfull , treacherous and perfidious men , psal . . , , . to . psal . . . neh. . . cap. . . psal . . , . isa . . . cap. . . jer. . , . luke . , . and● chron. . , . ( a memorable text ) cor. . . which all those , who own or challenge him to be their god , are peremptorily obliged to imitate herein , or else they shall never enter into his holy hill , or dwell with him in his tabernacle , ps . . , , psal . . , . rom. . , . tim. . . rev. . . and that in this very case of tithes . if not , then why should not tithes and glebes , which many ministers and we have vowed and devoted to god , continue and still be paid under the gospel without superstition , sin , or judaisme , as well as other vows , oaths , and the religious observation of them . upon these considerations all or most christian kingdomes , states , churches , upon the very first preaching and embracing of the gospel amongst them , not onely edified churches and chappels for gods worship and publike assemblies , but likewise endowed the ministers thereof with convenient glebes and tithes , as eusebius , socrates scholasticus , theodoret , nicephorus , calistus , the century writers , baronius , spondanus , with other ecclesiastical historians , and hospinian de origine templorum , prove at large for forraign parts ; and our own ancientest annualists , with antiquitates ecclesiae brittanicae , sr. henry spelman , concilium angl. tom. . and learned dr. vsher , in his britanicarum ecclesiarum antiquitates , manifest for our own nations and realms . now because john canne , out of his ignorance , hath newly published in his * second voyce from the temple ( or ale-house rather , for which cannes are more proper ) that pope gregory the tenth was the first that ordained tithes to be paid to priests , in the year . and that the customs for paying tithes at this day , were setled upon the kingdome by the popes legates in provinciall and synodall constitutions about the time of henry the third , and henry the fifth ; vouching thorpe and ridley the civilian , to prove it ; i shall give you a brief touch concerning the original of churches , glebes , tithes in this our island . a about the year of our lord . ( as our historians record ) joseph of aramathaea , who interred our saviour with xi . more disciples , were sent into britain to preach the gospel by philip the apostle , in the raign of arviragus , who arriving here were courteously entertained by this pagan king , and preaching the gospel to him , and his people ; he perceiving the purity of their doctrine , and the holinesse of their conversation , gave them twelve hides of land in the isle of avalon ( since called glastenbury ) for to build a church and support them , ( till this day called and known by the name , of the twelve hydes of glastenbury ) where they built the first church , erected for gods worship in this isle , made of wattle and reed , and there continued together preaching the gospel , and living upon this their glebe ( now of great value ) which was afterward confirmed to them , and the ministers of the gospel there succeeding them , both by marius and coilus , next successors to arviragus , whom they instructed in christian religion , to which they were well affected , albeit neither of them , nor arviragus himself proceeded so far as to be baptized , for fear of displeasing their pagan subjects ; though harding in his chronicle , chapter . ( against the stream of our other historians ) writes , that king arviragus himself was baptized by joseph of arimathaea . after this b lucius king of britain being converted to the christian faith and baptized , his subjects and many other petty british kings about the year of our lord . by faganus and domianus , sent to him at his earnest request by elutherius then bishop of rome ( long before pope or popery were there erected or known in the world ) he upon the reception of the faith builds and ●ndows ch●rches throughout his dominions with glebes and tithes , to support the ministry , whence our ancient poets thus write of him , lueius in christum credit , christoque dic●tas ecclesias dotat , distinct as ordinat vrbes . many of our ancient historians adde , that in his time there were flamins , and three ar●h flamines in britain endowed with great revenues for the service of their idoll gods , to whom they had erected so many faire temples ; and that lucius after his conversion , turned these into bishopricks , and three arch-bishopricks , and purging these polluted temples from their idols and heathenish pollutions , dedicated them to the service of the true god ; which sr. henry spelman , dr. vsher , godwin , and the most judicious of our later antiquaries , justly reject as fabulou● . after lucius , churches were here and in other places endowed with glebes , and bishops with rich lordly possessions by constantine the great : and about the year of christ ● . the christians being here and elsewhere restored to peace , and freed from persecution by constantine , c began to build and repair those churche● which dioclesian and other persecutors had rased to the ground , and to endow them with maintenance for the ministry . in succeeding times , the english saxons , who at their first arrival ( being bloudy pagans ) cruelly wasted the british churches , and butchered their ministers , schollers , saints , being converted to the christian faith by augustine , sent hither for that purpose by pope gregory the first , ( who disclaimed that papall supremacy his successors since challenged ) aethelbert , king of kent , and his saxons being baptised by augustine about the year of christ thereup ▪ they began to repair the old ruinated churches , and to build new throughout his dominions ; this king turning his royall palace at * canterbury , into the church of christ , and that city , the seat of his kingdome into a bishops see , and bestowing them on augustine who converted him and his subjects to christianity , whom he made archbishop of canterbury , and endowed with large possessions : not long after divers other saxon kings and their subjects being converted and baptised , built & endowed sundry other churches , both with glebes & possessions of good value , and likewise with tithes . and in anno , . * aethelwolf king of the west saxons , considering the perillous times then fallen upon him and his realm , by reason of the burnings of the wars , the plunders of the goods , the devastations of the territories of his kingdome by the most cruel depredations of barbarous enemies , and pagan nations , and the manifold tribulations afflicting him and his people , even to their destruction ; he thereupon summoning a general councell or parliament at westchester , in which himself , bernredus , king of mercia , and edmund king of east angles , with all the prelates and nobles of england , were present , did by their wholesome counsel , for redresse of these evils by his charter ( ratified in and by this councell ) give the tenth part of all his own lands in perpetuity to god and his servants , free and exempt from all secular services , and also from all royall tributes , and taxes , great and small , and from all military expedition , building of bridges , and gvarding of castles ; that so they might the more diligently powre forth their prayers unto god for him without ceasing , who had in some part thus eased them of their servitude : from which grant of his , sir henry spelman conceives , the parsonage house , rectory and glebes in every parish of his realm , had its originall , though afterwards increased by the munificence of the patrons . and this shall suffice touching the true original and progresse of our churches , rectories and glebes , in the beginning of christianity , both amongst the britains , and saxons of this realm . the first law i find yet extant amongst us , for the due payment of all kind of tithes ( in use and being as the law imports , before its promulgation ) was made in the * nationall councel , ( or p●rliament ) at calchuth in the year of our lord , . in the reigns of king oswald and king offa , who by the unanimous consent of all their princes , nobles , and senators , ( as well as prelates , ) present therein , made this memorable decree , touching the payment of tithes , as a right and duty , which they were bound to render by god himself , by his own sacred law , originally given to the israelites , which they deemed obligatory likewise unto them : cap. . ut decimae justè solvantur , usura , iniqua pondera , & mensurae prohibeantur : thou shalt bring the tenth part of all thy corn ( or increase ) into the house of the lord thy god , as it is written in the law , ( viz. levit. . . numb . . , . &c. deut. . , . chap. . , . neh. . . not in the popish canons ) again by the prophet ( not pope ) ( mal. . . &c. ) bring saith he , all the tithes into the storehouse , that there may be meat in my house , and prove me now therewith , if i will not open the doores of heaven , and powr you out a blessing , that there shall not be room enough to receive it . and i will rebuke the devourer for you , which eats and corrupts the fruit of your grounds , and the vine shall be no more barren in the field , saith the lord. as the wiseman saith ( in the book of wisdome , not the pope ) no man can give any just alms of those things which he possesseth , unlesse he shall first separate to the lord that which from the beginning himself hath appointed to be rendered to him . and by this for the most part it happens , that he who payes not tithes is reduced ( by gods justice ) to the tenth part of his former estate , whereupon ) not by any command from the pope , or by his authority ) we command , even with an obtestation , that all be studious to give tithes of all things they possesse , quia speciale dei donum est , becavse it is the pecvliar portion of the lord god : and let him love himself , and give alms of the nine parts ; and we perswade them rather to do it in secret , because it is written , when thou givest alms do not blow a trumpet before thee , mat. . . after which follows laws against usury , false weights & measures ; for the faithfvl performance of vows ; and abolishing the very reliques of all pagan rites ; warranted by the very words and presidents of the sacred scripture . which decrees being in a publick councel before the kings , and all their prelates , duke● senator● , and the people of the land : illi , cum omni devotione mentis , juxta possibilitatem virium suarum , adjuvante superna clementia , se in omnibus custodire devoverunt : who with all devotion of mind , according to the utermost of their power , by the assistance of gods grace vowed that they would observe them in all things : which they all did with an unanimous voice , a chearfull mind , and most ready will , ratifying this council with the subscriptions of their names , and the signe of the crosse ( the usuall form of those times before states were in use . this is the first law i find extant in our realm ) for the due payment of tithes , grounded onely on divine precepts , cited in it , not on the popes decrees . true it is , that gregory , bishop of ostia , legat to pope adrian , an englishman born , was president in this council , and had a chief hand in making these lawes , by this popes direction , to whom he returned them : but are they therefore popish and antichristian laws , which ought to be now abolished ( to gratifie the present pope and his emissaries the jesuits ) as made against jesus christ , as * john canne most magisterially determines ? if so , then these and our other laws then made against vsury , false weights , measures ( which too many cheating anabaptists use ) heathenish , pagan customes , must be popish and antichristian too , with the law for performing our vows and covenants to god and men ; the very scripture cited in them , whereon they are grounded ; which impudency and atheisme it self dares not affirm : if he say they are jewish laws , then the scriptures cited in them must be jewish too ; yea the , very title , and every page of his new pamphlet , must be rejected as jewish , as well as jesuitish ; being intituled , and superscribed in every page , a second voice from the temple : the temple being jewish , and abolished as well as tithes , cor. . . john . . . which i wonder this blind zelot against judaisme and tithes , had not eyes to see , or brains to consider . now these our predecessors , and many others since , obliging themselves both by vows , laws , and covenants , to pay tithes of all to god and his ministers , as gods peculiar right , and god him self not onely enjoyning men in the old testament not to remove the ancient land-marks their fathers have ( duly ) set , prov. . . and to make good their ancestors oathes and vows , ( which oblige their posterity , as gen. . , , exod. . . josh . . . chap. . . to . chap. . . to . chap. . . to . chap. . . to . sam. . . to . sam. . , , , , , . chap. . . chap. . . chron. . . compared together resolve ) but likewise informing them in the new , as a gospel-truth , gal. . . that if it be but a mans covenant , if it be confirmed ( by many succ●ssive laws , statutes , curses and excommunications denounced against the infringers thereof in all succeeding ages , as this of tithes , and the churches rights and liberties have been ) no man disanulleth it : by what authority , right , law , reason , justice , conscience or power from god or men , any presuming mortals , at the sollicitations of anabaptists , jesuits , or atheisticall wretches , can sacrilegiously attempt to rob god himself , and plunder his faithfull ministers of this their ancient , just , hereditary , sacred , settled maintenance ( to which our ministers have a far ancienter , better right and title , by all lawes of god and man , than they have to their new acquired purchases and powers , established , settled on them by particular donors and benefactors out of their own private inheritances and estates , not the republicks , which neither the patrons themselves , nor any others , nor yet the ministers themselves can alienate from the church , as their own consciences and judgements must acknowledge , unlesse strangely cauterized ) let them and canne answer to that soveraign judge of all the earth ; who will probably judge them here , and shall certainly judge them eternally hereafter for all such detestable robberies , and violent rapines , if wilfully perpetrated and persevered in without repentance after timely admonition , who can quickly strip both them and theirs naked of all their temporall powers , honours , possessions , enjoyments , as he did jeroboam and his sonnes for their turning the priests and levites out of their possessions , and king ahab with his family for seising upon naboths vineyard , in a violent and unrighteous manner , though coloured over to delude the people with an hypocriticall fast , and feigned , legall proceedings , kings . we read it recorded of our saviour , luke . , . that when one of the company said unto him ; master , speak to my brother that he divide the inheritance with me : he returned them this answer , man who made me a jvdge or divider over yov ? let every person now sollicited by croaking anabaptists , jesuits and souldiers , or others , not onely to judge and divide , but utterly to abolish and take away our ministers necessary maintenance , ( not unnecessary abbots and prelates , lordly superfluities long since dissipated ) by glebes and tythes , return them the self same ; lest christ himself at the last day condemne them for over bold-intruders into such a supream jurisdiction over his , and his ministers , rights and callings too , as neither god nor man ever yet conferred on them . god himself prohibiting the sale , alienation , and substraction of his priests and levites necessary glebes , or tithes , and by consequence of our ministers ( as i have formerly observed ) and further informing all his , that it is a snare to a man to devour holy things , and after vows to make enquiry , prov. . . but of this second argument enough , the negative part whereof i shall prove more fully hereafter by way of answer to an objection . . i shall make good the proposition by arguments drawn from the new testament it self , which no wayes contradicts , but confirms the lawfulnesse of tithes . this i have already proved from heb. . . to . to which i shall refer the reader , and proceed to other texts , i shall begin with mat. . , . and luke . . woe unto you scribes , and pharisees hypocrites , for ye pay tithes of mint , and annise and cvmmin , and all manner of herbs , and have omitted the weightier things of the law , judgement , mercy , and faith , and the love of god : these ovght ye to have done , and not to leave the other vndone : ye blind guides , which strain at a gnat , and swallow a camel. in which words our saviour him●elf , though he denounceth a woe against the hypocriticall pharisees , in being just and carefull in paying tithes , even of herbs and seeds of all sorts , of meanest value , and yet in the mean time neglecting works of righte●usnesse in matters of greater worth , and of charity towards man , and of faith and love toward god himself , straining at a gnat , and swallowing a camel ; so he positively resolves , that they ought not to omit the due and conscientious payment even of these lesser tithes of smallest value , much lesse then of their corn , wine , oyl , flocks , herds , which were of greater worth . and if the scribes and pharisees were no saints , but hypocrites for omitting these weightier duties , though they paid these smallest tithes ; what are these anabaptisticall scribes and pharisees , who , not onely against all rules of justice and charity towards men , but of faith and love to god ( which they even renounce ) rob god and his ministers , not onely of all their own tithes , small as well as great , but of those tithes which others would willingly pay them , and endevour totally to deprive them of those small rectories , glebes they yet enjoy , and of their ministry too ; and when they have * stript them stark naked of all they have , would eat their very flesh , and burn them with fire . certainly such are worse and greater hypocrites , than the scribes and pharisees , pretending conscience it self , for their most unreasonable dealing in this kind . such mens throats are so wide , that they can swallow not onely camels , but whole rectories , churches , steeples , with their lead , timber , bels , stone , ( to say no more ) for a breakfast ; all tithes in two or three parishes and throughout the land for a dinner , and the publick lands , revenues of the crown ( which should defray all ordinary publick charges for the peoples ease ) for a supper , that they may be supream , and every one of them like our saviour christ himself , both a priest , prophet , and a king , executing a plurality of these and three other offices , and their callings too all at once , to enrich themselves faster than all other men . this text was much insisted on by * john hus to prove tithes under the gospel to be pure alms , coupling it with the former verse , luke . . but rather give alms of such things as you have , and behold all things are clean unto you ; but certainly the text it self proves , that this referrs onely to the washing mentioned in the precedent verses ; and not to this subsequent clause concerning their payment of tithes , never stiled almes in any text ; and recorded by matthew , as a distinct woe , and sentence of it self ; without any mention of almes in the antecedent or subsequent verses : and john hus himself , together with augustine , chrysostome , hierome , and aquinas , ( there cited by him ) from hence conclude ; that tithes are lawfull under the gospel , as well as alms , forsomuch as the gift thereof unto the priest , did not cease in the time of christ : and saint augustine in his . sermon , of paying tithes , presseth the payment of them under the gospel , as a duty , by many enforcing arguments , before any popes decretall● for payment of them , or that we now call popery , was known in the world , saint ambrose before him doing the like , in sermone quadragesimae , cited by gratian. causa . . qu. . which had john canne , either known or considered , he would not with ▪ so much mistaken ignorance and impudence , have damned tithes as popish , &c. and the pleading for them , a pleading for babylon , and for baal : in his new second voice from the temple of babylon , or baal , which he please , not of old or new jerusalem . the nex gospel text , i shall cite , is that of gal. . . let him that is taught in the word , communicate to him that teacheth him in all good things : to which i shall subjoyn , cor. . . if we have sowed unto you spiritual things , is it a great matter , if we shall reap your carnall things ? and rom. . . and their debtors they are : for if the gentile have been made partakers of their spiritual things , their duty is also to minister unt● them in carnall things . all these three gospel texts resolve , that ministers of the gospel , have a just due and right to a competent , comfortable share in all the good things , temporall blessings and necessaries for the support of this life , which the people instructed by them , and receiving spirituall things from them enjoy . and that the people are bound both by expresse precepts in the gospel , and the rules of common , moral equity and justice , chearfully to communicate and minister such a share of all their good things and temporal blessings , as a debt and due unto them for their ministring to them in spirituall things : which i fully proved in the first proposition , and impudency it self cannot deny . the sole question then is , what this share or portion ought to be , and who shall determine it in point of difference ? i confesse the apostle doth not decide either of these in terminis , those texts being general , and all in the plural number ; all good things ; your carnall things ; comprising all such things out of which tithes , predial , mixt or personal ( as canonists and lawyers distinguish them ) are or may be paid ▪ wherefore every faithfull christian , and spiritual son of god , and of faithfull abraham , ( whose footsteps and prefidents ) they are to follow , in all doubtfull cases ( admit this one ) to satisfie his conscience and judgement in this case , must and will resort to the prefidents of the eminentest saints in former ages , and gods own prescripts in other expresse texts ; and there finding the very father of the faithfull , abraham , giving , and his grandson jacob vowing , a tenth of all good things from his own people for the maintenance of his priests and levites , under the law ; and they cheerfully rendring it untill and in christs own time ; and that the very pharisees and scribes ( though hypocrites ) were so just , as to pay tithes of all , and christ resolving , that they ought to do it , and not leave it undone ; and that none before the apostles dayes ever gave lesse than a tenth part : ( as the premises largely evidence ) must and will necessarily conclude from all these sacred directories , that the ordinary and constant standing portion and proportion of all his goods and carnal things here prescribed , and intended by gods spirit , in the tenth part : and in extraordinary cas●s , more , when gods glory , the ministers necessities , the defence or propagation of the gospel require it : and when he shall further read in the gospel it self , that speech of zacheus , the converted publican , luke . . behold , lord , the half of my goods i give to the poor : and how the first converted christians and jews in the apostles dayes sold their lands and houses , and brought and laid the money at the apostles feet , act. . . his conscience ( which must not guide the word and spirit of god , as most mens consciences do now , but the word and spirit it and him too ) will and must from thence , conclude , that he must not give his faithfull minister lesse than a tenth part of all ; and in cases of extraordinary necessity , share even half his goods , yea , the price of all his lands and houses , between the ministers and poor saints of god , specially in times of persecution , when as he ought to hide , and feed them too , as godly obadiah did an hundred of the lords prophets , in the dayes of jezabel , at his own charge , with the hazard of his office and life , kings . . . and if any mans conscience in a settled christian realm or state , be so obstinate or froward , as not to submit to the lowest proportion of a tenth , which all ages , and most or all setled christian realms have unanimously agreed upon , and confirmed by publike edicts , as well civil as ecclesiastical , whereof there are neer thousands in print ; the christian kings and magistrates ( who are to determine all controverfies of this nature , and state the due just proportion of this debt and duty between the minister and the people , where it is not publikely decided , and may justly enforce the due payment of it ( when and where it is determined by positive publike laws ) as a just debt , as they do in all other civil debts and accompts in controversie before them , ( as i shall prove in due place ) even by these very texts , though john canne denies it , in his vox praeterea nihil p , . to these i shall subjoyn that noted text in cor. . , . ( which john canne cites by piece-meal , as the devill did scripture , leaving out the principall branch ; mat. . . ) do ye not know that they , which minister about holy things , live of the things of the temple , and they that wait at the altar , are ●artakers with the altar ? even so hath the lord ordained ( this canne omits ) that they which preach the gospel , should live of the gospel . i have urged this text before for proof of the first ; i shall here apply it only to the second propositions confimation , as to tithes . . then we have here a divine gospel ordinance made by the lord of hosts himself , not repealable by any army or powers on earth , as well as parliamentary ordinances , for the maintenance of the preachers of the gospel : and let canne ( the poorest preacher of the gospell ever yet knew in england , ( except one of his fraternity , who heard him once preach an assize and fast sermon too at chard ) deny our ministers to be able preachers of the gospel , at the peril of his soul , though he denies them to be lawfull ministers of christ , and censures them as antichristian and popish : but why so ? because ( forsooth ) they had their ordination from rome ; and by consequence are traytors and felons too , by the statute of eliz. c. . for which they might be legally executed for treason and felony , if the state were pleased to interpret the statute contrary , as he conceives , to the letter and form of it ; ( the words whereof he both curtals and misrecites , just as he did this text p. . to do him and his b●st friends a kindnes , & vindicate the lawfulnesse of our mi●isters calling again●● this ordinary slander ; and convince him of his grosse mistake ; i shall truly recite the statut● , thus intituled : jesuites and priests , in england shall depart , and none shall come into this realm . if so , then many dippers and speakers , administrators , members in anabaptisticall congregations , many new-lights and gifted-brethren in separate congregations ; many shakers , quakers , ranters , broachers of new notions , errours , blasphemies , throughout the realm , many new-polititians , levellers , agitators and soldiers in the army , if not some officers ; all the late converted pretended * jews , dipped in anabaptisticall congregations ( discovered and known to be disguised jesuites , purposely sent from rome , by the greatest sticklers against our ministers tithes and calling ) must presently depart , and none of them return into the kingdome ( as many have lately done ; or else be executed for traytors : but why so ? what is their crime , work and imployment here ; and by what marks or fruits shall we know and discover both them and their confederates ? let the words of the statute ( compared with all our late troubles and changes ) resolve the ignorant and incredulous , that there are many such amongst us , and of john cannes fraternity . w●ereas divers persons called or professed jesuites ( these canne wittingly conceals , and therefore is a felon by the law ) seminary priests and other priests , which have been , and from time to time are made in parts beyond the sea ; by , or according to the order and rites of the church of rome . ( and when canne can prove that all or any of our ministers were thus made ( as he hath confidently averred in print to those , he cals , the higher powers and supream authority of the nation ) let them be hanged for traytors and antichristian ministers in good earnest , else l●t him be hanged in their steed , for this his impudent slander of them all , as well independents as prebyterians : ) have of late years come and been sent into this realme of england ( and were any of our ministers such , and not rather canne himself , coming hither from amsterdam for the purposes following ) and other the queens dominions of purpose ( as it hath appeared , as well by some of their own examinations ( now out of date ) as by divers other manifest means and proofs ( more visible of late years than ever ) not onely to withdraw her highnesse subjects from their due obedience to her majestie , but also to st●r up and move sedition , rebellion , and open hostility within the same her highnesse realms and dominions , to the great indangering of the safety of her most royall person , and to the utter ruine , desolation and overthrow of the whole realm ( now effected as a realm ) if the same be not the sooner ( and now pray god it be not over late ) by some good means foreseen and prevented . for reformation whereof , be it ordained , &c. that all priests and jesuits ( canne cannot spy such good friends within the act , but deletes them out of it ) seminary priests , and other priests whatsoever , made and ordained out of the realm of england , &c. under the penalties therein mentioned . had canne pressed this statute to those he dedicates his pamphlet , for the speedy execution of it against those many jesuites and seminary priests now in england , for their traiterous practises and designes therein mentioned of late , and now driven on and almost compleated by them , it had been a commendable zeale ; but to write one word or syllable against these romish vermine , arch-engineers & janizaries of the romish see , now swarming among us , to rui●● our kingdomes , parliaments , laws , liberties , church ▪ ministers , ministry , religion , & forreign protestant states & churches now engaged by them in bloudy wars , both by land and sea ; and to omit th● very name of the jesuits ( the first popish agents mentioned and chiefly intended in this act ) and presse it onely against our ministers calling , ministry , tithes , and maintenance , of purpose to ruine them and theirs , and by consequence our church and religion ( the designe and scope of his whole pamphlet ) is such a malicious , unchristian , antichristian practise , as proclaims him to all the world , either a new converted jesuite , or romish factor , under the garb of an old anabaptist , or an over-grown cankered anabaptist , void of piety , honesty , and inspired by the very * father of lyes . for not one of our english ministers i know or hear of ( except two or three jesuits and priests crept into livings in staffordshire and elsewhere very lately , i know not by whose favour or negligence ) was ever ordained by any such jurisdiction or authority , as is here mentioned , which all our ministers ( and their ordainers too ; whether prelates or presbyters ) particularly and publickly abjured , both at the time of their respective ordinations and admissions to their benefices , and likewise when they took any degree of learning in our vniversities , by the two known famous oaths of supremacy and allegiance , purposely made and ratified by * sundry , zealous , protestant parliaments against the usurped papal jurisdiction and authority of the see of rome , and the popes , jesuits and papists practises , to blow up and destroy our protestant kings , parliaments , laws , liberties , religion , and subvert our kingly government , whole state and common-wealth , for the better discovering of them ; yet lately suspended , abrogated , as dangerous unlawfull oaths , by some of cannes good friends , who would be reputed zealots against the popes jurisdiction and his creatures too : now how those ministers of our church , who thus abjured the jurisdiction of rome , at the time of their very ordination , ( and their ordainers too , before them ) and since have don● the like in their solemne league and covenant , can without the highest slander be said to derive their ministry from it ; and that by canne & his jesuiticall & anabaptistical fraternity who , never took one of these oaths or the covenant ; and revile , repeal them as unlawful out of love to the popes jurisdiction , jesuits , priests , &c. or for want of zeal against them , ) let the world and this slanderers own conscience ( if he have any left ) determine . besides , who knows not ( but this ignoramus ) that the rites and ceremonies of ordination in the church of rome , recorded at large in ceremoniale , & pontificiale pontificum romanorum , and the ends of ordination likewise ( viz. to say masse , create their creator , offer up christ in sacrifice at the altar to his father , invocate saints , adore images , yield canonicall obedience to the pope and his supremacy , &c. ) are far different from the form and ends of our ministers ordination in the church of england , prescribed by the parl. . & . ed. . c. . & ratified by the statutes of eliz. . c. , . eliz. c. . eliz. c. . and eliz ▪ c. . ( made onely by protestant parliaments ) as they particularly condemne , renounce the popes power and jurisdiction ; so they declare and resolve our ministers ordination to be lawfull ; and them * in very deed to be ministers , and rightly made , ordained and ●onsecrated , according to gods word , without any derivative power or ordination from the church of rome . and therefore for this new pander for the whore of rome to averre , they receive their ministry and ordination thence , is a notoriovs lye ; yea , but saith he , francis mason of consecration , and mr. yates in his modell of divinity prove and confesse , that the ministry of the church of england ( established by the law of the land ) is derived from the pope and rome . true , but in what sense ? onely by way of succession , as his own ministry and faith ( if he hath any ) were derived from john of leyden : or just as our bibles , religion , baptisme , churches were derived thence , and all now living with canne himself , derived from popish ancestors , many even from popes , popish priests , prelates , friars , by naturall generation . god used the popes of rome and their instruments to convert the britains and saxons from thei paganisme to the christian ( not papal or roman ) faith , which through gods mercy hath continued amongst us ever since ▪ yet mixed of later times with manifold popish errors and superstitions : these errors and superstitions , our godly martyrs , and by them our kings and parliaments discovering , did thereupon by speciall acts of parliament abolish , as derived from the church of rome , together with the popes usurped power , and gain , which they served onely to support , retaining onely the scriptures , sacraments , soul-saving doctrines thence derived by succession onely ( but authoritatively , and originally from god and christ himself ) with such godly , orthodox bishops and ministers , who though first ordained in the church of england when popish , did yet renounce all the popish errors , corruptions , with the popes supremacy , and all popish additionall rites to the form of their ordination and baptisme : ( which made neither of them void in substance , no more than their annexing of the apocrypha to the canonicall scriptures , made them uncanonicall ) these afterwards ordained other bishops and ministers without any popish rites , in such manner as the gospel prescribes ▪ which mr. mason and yates prove against the papists , to be a lawfull ordination , though not made by the popes authority , or according to former popish ceremonies . in this sense onely , they write the bare succession , not the office and calling of our ministers ( as this woodden canne mistakes ) was derived from the church of rome ; but their ministry it sel● from christs own institution . and if this makes them popish and antichristian , then all our protestant kings , parliaments , magistrates , judges , officers of all sorts must be popish too , if not paganish , because their predecessors were such : and all officers , souldiers of the army , and anabaptisticall saints too , who have purchased any lands or revenues of abbies , priories , archbishops , bishops , deans , chapters , must likewise be both antichristian and popish ; because their predecessors , who first enjoyed , and from whom they do derive them , were such . i hope therefore , they will all now renounce these their purchases to avoid the guilt and high scandall of popery and antichristianisme ; or disclaim this second , loud-lying voice against our ministers and their ministry , as a voice onely from a prophane , empty canne ; and not from a sacred temple . but to return from the lawfullnesse of our ministers calling , and to their tithes ; we have secondly in this text a gospel ordin●nce for their very tithes , confirmed by the old lev●ticall law , and grounded on its equity . but how doth this appear ? by these emphaticall words ; even so hath the lord ordained ( in the preterperfect tense ) that they which preach the gospel , should live of the gospel ; but where hath the lord ordained this ? the apostle thrice resolves expressely , that he hath done it in the leviticall law , ● . . for it is written in the laws of moses , ( deut. . . ) thou shalt not muzzle the mouth of the ox that treadeth out the corn , doth god take care for oxen ? or saith ●e it together for ovr sakes ? for ovr sakes no dovbt this is written : that he that ploweth should plow in hope , and he that thresheth in hope , shovld be partaker of his hope ; which he again recites , tim. , . it this precept concerning the meat and maintenance of oxen onely in the letter , though part of the levitical law , was doubtlesse written for , and really intended of the ministers of the gospels food and maintenance , and in full force under the gospel , as the apostle resolves then à fortiori ; the precepts of the law concerning the food and livelyhood of gods priests and levites under the law by gl●bes and tithes , not purely ceremoniall ( as i have already proved ) must doubtlesse be intended of them , and be in full force likewise in their naturall , equitable sence and proportion , in relation to their livelyhood for preaching of the gospel ; there being a greater analogy and proportion between them and preachers of the gospel , than betwixt them and oxen : and to put it out of doubt , he subjoyns ; do not ye know , that they which minister about holy things , live of the things of the temple ; and they which wait at the altar , are partakers with the altar ? to wit by go●s expresse ordinance in the leviticall law , which ye know , and therefore i need not particularly cite the words , as i did the other , of not neglecting the ox , &c. which was more obscure , and needed my former paraphrase on them ; but thus mind you of in the generall : and then he inferres and subjoyns : even so hath the lord ordained ( to wit by the very naturall , moral equity of the lawes and ordinances he made for the priests and levites maintenance by tithes and glebes , and free-will-offerings , for officiating in the temple , and at the altar under the law ) that the preachers of the gospel ( who now succeed , and supply their places , though in different services in the churches of christ under the gospel ) should live of the gospel ; even so fully , comfortably , and in such sort , as they did under the law. and to make this out more fully , and clear it from the censure of judaisme , take notice of these four particulars . . that in the holy ghosts and gospel phrase and language , there is a temple , among and for christians under the gospel , as well as among & for the jews under the law , ( else cannes voice from the temple , if there be no such place , must be thus amended in his next edition : a voice from the canne or alehouse ) and that this temple is nothing else , but the church , and saints of christ , cor. . . cor. , , . chap. . . ephes . . . thess . . . rev. . . chap , . . chap. . , , . chap. , . chap , . , , . chap. . , . that christians under the gospel , have likewise an altar as well as the jews , though different from theirs , heb. . . we have an altar whereof they have no right to eat which serve the tabernacle , mentioned oft , rev. . . chap. . , . chap. . . ch . . . often coupled with the templ● , rev. . . rise , measure the temple of god and the altar . . we have sacrifices to be offered on the altar , as well as the jews in theirs . . the sacrifice of prayer , rev. . , , . . the sacrifice of praise , heb. , . . the sacrifice of charity , alms and good works , heb. . . . our own bodies , which we must present as a living sacrifice , holy , acceptable unto god , by serving him according to his word , as rationall men , not beasts , that were both slain and sacrificed under the law , rom. . . . we have priests likewise to offer up these spirituall sacrifices , pet. , . rev. . . chap. . . chap. . . and these are three . . every sanctified christian , who must offer up the sacrifices of prayer , praise , alms , and his own body to god , in his private closet and family . . the ministers of the gospel , who must continually offer up these sacrifices in the peoples behalf , in publick here on earth : now the t●mple , for which we are to render them , not onely tithes and glebes , but a freewil offering of bounty and charity besides , a sacrifice acceptable and well pleasing to god , phil. . . . christ jesus himself , our altar and high priest too , now in heaven , heb. . . cap. . . c. . , . c. . . c. . . c. . , , , , , . c. . . c. . . and if christians have even under the gospel a temple , an altar , and spiritual sacrifices to offer them to god in publike , as well as the jews . why the priests , who minister about holy things in this evangelical temple , wait continually at this spirituall altar , and offer these spirituall sacrifices publikely unto god thereon , and preach the gospel likewise ( as the jewish priests and levites did teach and instruct the people in the law , chron. . , , . cap. . , . cap. . . ez●a . . neh. . , to . ) should not receive both glebes , tithes and voluntary oblations from the people , as well as the priests and levites did under the law , by vertue of the self same levitical law of god , by which they claimed ●hem ( they being both the priests of the self same god , and both executing the self same priestly office in a different manner , and that by the apostles own argument , intention , and positive resolution in this gospel text , let canne and all other oppugners of their tithes resolve me and others , from as clear gospel texts these i have here alledged , and others formely insisted on in the first proposition , or else yeeld their cause for ever lost . i shall close up all with two other gospel texts , most urged and abused by those now in their own cases , who most of all forgot , transgressed and oppugned them heretofore in other mens . the first is , pet. . , . submit your selves to every ordinance of man for the lords sake , whether it be to the king as supream ; or unto governours , &c. the second , rom. . , . let every soul be subject unto the higher powers , for there is no power bvt of god : the powers that are , are ordained of god ; whosoever therefore resisieth the power ▪ the ordinance of god ; and they that resist shall receive to themselves damnation . that these two scriptures extend only to lawfull ●ereditary , or elective kings . governours , higher powers , and that in their lawful commands , alone ; not to usurpers , tyrants , invaders of the peoples rights , laws , liberties , properties , lives ( who may and ought to be resisted , as well as any other theeves , robbers , invaders , murtherers whatsoever ) i have largly proved in my second part of my soveraign power of parliaments and kingdomes , ( authorized by the commons house of parliament ) p. to . to which i shall refe●r the reader for satisfaction , not being the point in issue , to which alone i shall apply them . in the former text last insisted on , we had an ordinance of god himself for the maintenance and tithes of the preachers of the gospel : and here we have , two gospel commandements to submit to every ordinance of our lawfull governours , and higher powers ( agreeable to gods ordinances , not repugnant to them ) for the lords sake , and not to resist them : for though the ordinances themselves be made but by men ; and in that sence sti●ed , every ordinance of man ; yet the powers that make them , are ordained of god ; and therefore those who resist them in their humane ordinances , though but in humane things , do therein resist the very ordinance of god ; especially in things divine commanded by and approved in gods own sacred word . now the maintenance of gods ministers by tithes , is an expresse ordinance of god himself , both before and during the law , and under the gospel too , prescribed , warranted by all the forecited texts : and there are infinite laws , statutes , decrees , canons , ordinances of just and lawfull christian emperours , kings , governours , parliaments , states , councels , synods and all higher powers as well civill as ecclesiastical in all christian kingdomes , states , churches , especially in our own , for the establishment and due payment of them to the ministers and preachers of the gospel too : therefore they are duly , constantly , chearfully to be paid unto them by all christians and professors of the very gospel , and cannot , may not be oppugned , detained , substracted , resisted by john canne or any of his confederates , nor abrogated by any pretending to power ordained by god , without resisting the ordinance of god himself , fighting against him ; as these texts and acts . . resolve . for which they shall receive to themselves damnation , though they dream ( as many now do ) they shou●d merit heaven and salvation , by subverting both tithes and ministers , even by open armed violence , if they cannot accomplish it by jesuitical policy , and pious frauds . and thus much for the confirmation of the second proposition by scripture texts and presidents . for humane authorities , that tithes are lawfull and due to ministers by a divine right even under the gospel ; i could cite very many , were i neer my library and books as heretofore , but being far distant from them , i shall trouble you onely with a catalogue of such as i have by me , or remember : for fathers of this judgement and opinion you may peruse st. ambrose in sermone quadragesimae , cited by gratian , causa . qu. . st. hierome on mal. . and st. augustine serm. . de reddendis decimis tom. . both cited by gratian causa . qu. . for councils , you may peruse concilium rothomagense & maforiense in gratian. causa . qu. . concilium matisconense . anno . concilium apud solomanum . anno . synodus rothingae an. . concilium trevense ann. . ( which resolves , decimae fuerunt à deo primitus institutae ; & ●raecipiuntur solvi tam de veteri , quam de novo testamento ) syndus lingon ann. . synodus turonensis an. . concilium tridentinum ; & tholosanum . ann. . which decree , that the payment of tithes , divino jure cautum est , sacrisque utriusque testamenti libris confirmatum . all these collected together by bochillus decreto ecclesiae gallicanae l. . tit. . de decimis , with many more recorded in binius , sarius , crab , caranza , merlin , syrmond , and other collectors of the decrees of councils , resolve , tithes to be due to the ministers of the gospel by divine right . for forreign popish authors , * aimericus bishop of poitiers in france in a synod there held , an. . enjoyned all chaplains on lords-dayes and holy-dayes diligently to declare to the people in time of masse , and likewise in their sermons under pain of excommunication . qualiter ex praecepto divinae legis , quilibet catholicus tenetur solvere ecclesiae decimas de omnibus licite acquisitis : gratian the canonist caus . . qu. . & . with john therry , and others glossers on his text ; hostiensis in his summa aurea , angelus de clavasio in his summa angelica : baptista tirvomala , in his summa rossella : tit. decimae ; innocentius , res . de decimis , rezulfus de decimis . tyndanus in his special tract de decimis , printed at colen , an. . and generally all other canonists . alexander alensis , summa theol. parte . richardus de media vissa in lib. . sentent . distinct . . and most other schoolmen on that place . aquinas . . quaest . . with most commentators on him there assert . that tithes are even at this day jure divino , in quantum sunt à jure naturali & morali , but not as they were ceremonial . that popish old and new expositors and commentators on gen ▪ and . levit. . chron. . neh. . and . mal. . mat. . luke . rom. . cor. . gal. . . thess . . heb. . tim. . are all of the same opinion , and most protestant expositors likewise . and therefore the jesui●● , popish priests , papists activity , businesse now in declaming against english tithes as popish and antichristian , against th● decrees and resolutions of their own councels , canonists , ca●uists , schoolmen , expositors , can proceed from no other ground but a malicious designe to subvert , starve and ruine our ministers for want of maintenance , and thereby extirpate our religion to advance their own ; and then they will cry and set up tithes again as much as ever . the judgement of forreign protestant divines concerning the divine right of ministers maintenance , and that by tithes were setled , and the sacrilegious impiety of those , who would rob them of it , you may read in their commentaries and expositions on the texts forecited . let learned nicholas hemingius speak for them all in his words already cited ; and in his exposi●ion on gal. . . p. . dicit scriptura , bovi trituranti non obligabis os . et dignus est operarius mereede sua : indignissimus igitur christiano nomine censendus est , qui ministros evangelii totius ecclesiae curam gerentes negligit . bestia quamvis immanior est ( let canne and his confederates remember it ) qui eos odio prosequitur & prascindit , quorum ministerio ad salutem , & immortalitatem invitatur . sed proh dolor ! bona pars mundi ( and never so much as now ) huc incumbit , ut potius allquid adimat ministerio , quam addat , tanta est ingratitude & perversitas , etiam illorum , qui sacrilege gloriari de christiano nomine . horum sanè factum , nihil defferre arbitror à sacrilegio & latrocinio , cu●us poenas olim luent architecti & fabri hujus mali . non est quod quisquam quaerat subterfugia , quibus se excuset , cur minus sit liberalis erga ministr●s evangelii : oculos quidem hominum fallere potest ; sed deus non fallitur , in cujus contemptum alia at qu● alia praetexunt ingrati . hic tres loei observantur : primus , quod victus & alia officia debeantur oeconomis mysteriorum dei , seu catechesis . secundus , quod perniciosus error fit , non prudentia , defraudare ministros su● debita mercede . tertius , quod spiritus sanctus in paulo interpretetur , derisionem majestatis divinae est , negare victum & alia officia verbi doctoribus . for our own domestick councils , parliaments and writers judgment herein ; * egbert archbishop of york , in his excerptions about the year of christ , an. . c. . , . the national council of calchuch under king oswald and offa , ann c. . forecited . the famous councel of patelean , under king athelstan , ann . . cap. . de decimis sollicitè reddendis ; odo archbishop of canterbury in his constitutions , ann . . c. . de decimis reddendis . the canons under king edgar , about the year . can. . the ecclesiastical laws of king aethelred , ann . ▪ cap. . the ecclesiastical laws of edward the confessor , c. . confirmed by wlilliam the conquerour . the popish schoolmen , canonists , and commentators on the texts forecited , ( whose names , i pretermit ) resolve in positive terms , that tithes are due to god and his ministers under the gospel , by divine right . the same is asserted by divers of our protestant divines , particularly by dr. george carleton , in his treatise intituled . tithe● proved to be due by a divine right , printed at london . by richard mountague , in his diairibe on the first part of the history of tithes , london . by robert tileslee , his animadversions on mr. seldens history of tithes , london . mr. samue● purchase in his pilgrimage l. . c. . with sundry others . and though some english writers are of a different opinion , yet all accord , that being setled by our laws , they are duly to be paid , even in point of justice and conscience , and that they are not simply unlawfull ; but a fitting maintenance under the gospel , which mr. selden in his history of tithes doth affirm , and no wayes oppose : seeing then all these , with the laws of sundry other authorities , conclude them to be of divine right , and a grievous sin and sacrilege against god to substract or abolish them ; & those , who oppugne their divine right under the gospel , do affirm , it is no sin , but a bounden debt and duty to pay them , as setled by humane grants , donations , vows , laws , canons , constitutions , prescriptions time out of minde ; how any bearing the name of christians , can or dare with open face oppugn , detain , or attempt their total abrogation now , as jewish or antichristian , i referre it to their own consciences , and others resolutions to determine . i shall answer one grand objection against ministers tithes , under the gospel ; and so close up this chapter . neither jesus christ himself , nor his apostles , nor the ministers of the primitive church for two or three hundred years after them , received tithes for preaching the gospel , but lived onely upon the peoples alms and voluntary contributions . therefore the ministers of the gospel likewise after them ought to receive no tithes of the people for preaching the gospel , but to live upon alms and voluntary contributions , as they did . this was william thorpes chief argument against tithes , fox acts and monuments , vol. . p. , . who addes , that those priests , who will challenge or take tithes , deny that christ is come in the flesh , and do the priests office of the old law , for whom tithes were granted , for else priests take now tithes wrongfully ; citing this , not as his own , but a doctors opinion , whose name he remembred not , but thought it was st. jerome ( or rather st. canne ) in his new voyce p. , , . who delivers this for orthodox doctrine ; which st. * jerome contradicts , with all other ancient doctors i have read . ans . to this i reply , . that christ and his apostles lived amongst the jews , who at that time were obliged by gods own law to pay their tithes onely to such priests and levites as were of the tribe of levi , of which tribe christ and his apostles were not , and therefore they challenged not tithes from them , heb. . . to . . they then paid their tithes duly to their priests and levites ( mention●● john . . ) for which christ commended them , resolving they ought not to omit it , matth. . . luke . . chap. . . therefore it was no reason they should pay them over again to christ or his apostles ( no more than papists , who pay tithes in kind against their wills unto our minister , though not to their own priests , but onely voluntary contribution ) whiles their priesthood stood in force , which they generally submitted to . . the totall abrogation of the leviticall priesthood , and ceremonies by the death of christ , was not certainly known to , nor resolved by the apostles and believing jews or gentiles , till some years space after our saviours ascension , as is evident by acts . in the great case of circumcision , about which there was a synod assembled by pauls circumcising timothy after this , because of the jews . acts . . and purifying himself , and shaving his head after the jewish manner , many years afterward acts . . to . which he being a jew was obliged even then to observe to avoid scandall , but not to the gentiles . therefore tithes amongst the jews , were then still paid to their leviticall priests , and not to the apostles . . though christ whiles on earth , received no tithes from the jews , yet he had a just right and title to tithes from abraham and all his posterity , and the leviticall priests themselves ( especially after their abolition ) as he was a priest for ever after the order of melchisedech , to whom abraham himself and the levites then in his loins paid tithes of all , heb. . . to . ( of which at large before : ) therefore he had a just right to receive tithes from them , both before and after the leviticall priesthood was abolished , which he might have both lawfully claimed and exercised , and his apostles likewise in his right , though they did it not . we read that christ had a just right and title by inheritance , and lineall descent from his father king david to the temporall crown and kingdome of judah ; and is therefore said by the wisemen matth. . . to be born king of the jews ( an unanswerable argument for the lawfulnesse and excellency of hereditary titles to crowns and kingdomes , before that of election onely , wherewith i frequently silenced vapouring souldiers against hereditary kingship , being the very title of christ himself , both to his a spirituall and temporall kingdome , and that which b god instituted amongst his church and people , as the best , the surest of all other , c taken up by most heathen nations ; ) now though christ neither claimed nor exercised this his temporall right ; but avoided it , when the people would have made him king by force , john . . who yet after cryed him for the king of israel , john . , . which even pilate himself acknowledged ; when he said unto the jews behold your king : demanded of them shall i crucifie your king ? and wrote and fixed this title on his crosse , jesus of nazareth king of the jews john. , , . will or can john canne , or any other of his confederates , h●nce justly inf●rre ; that it was unlawfull for christ himself , right heir by descent to his hereditary temporall kingdome , kept and thrust out thereof by usurping herod ( who murdered all the infants in bethlehem , and the coasts thereof that were two years old and under , and should haue murdered our saviour himself to secure his own usurped power , mat. . , . ( such is the bloudy cruelty and jealousie of usurpers , to have claimed or exercised this his just , hereditary right to the crown , or unlawfull for the people to have thrust out this bloudy intruder , herod by force from his usurped authority and made christ king as they intended , or because christ did then voluntarily forbear and relinquish his right to herod , that it is therefore unlawfull , for any other hereditary christian king or right heir to a crown , kept from , or thrust out of his throne and kingdome by armed violence against the generality of his peoples desires , by any aspiring , usurping herod , to lay claim to his crown or kingdome , or for the faithfull , naturall born subjects , according to their duty , oathes , and allegiance , to endevour by all lawfull means , and open force to exp●ll , dethrone such herods , and crown and set their lawfull soveraign on the throne of the kingdome . doubtlesse they cannot be so absurdly stupid , as affirm it , seeing jeboiadah the high priest , the captains of hundreds , levites , souldiers and people too , thrust out ath●liah ( the bloudy usurper of the kingdome and throne of judah ) in the seventh year of her usurpation , and crowned joash the kings son , as the lord had said of the sons of david , and set him king vpon the throne of the kingdome : whereupon all the people of the land rejoyced and the city was quiet : as is recorded at large to their eternall honour by god himself , and for others imitation in the like case , chron. . and kings . and seeing all may justly lay claim to , and repossesse themselves of such lands , houses , goods , as others forcibly detain or take from them against all law , right , notwithstanding christs non-claim to his rightfull crown : then by the self same reason our ministers of the gospel now may lawfully take and challenge tithes from the people , though christ and his apostles did not , albeit they had a just right and title to them , which they might have exercised had they pleased without sin , or judaisme , as our ministers do now . to clear which right from judaisme and all other cevills beyond all contradiction , i shall cite onely two proph●●ies , relating joyntly to christs kingdome , and ministers u●der the gospel . the first is jer. . . to the end . in those dayes and at that time will i cause the branch of righteousnesse to grow up unto david , and he shall execute righteousnesse , and judgement in the land. in those dayes shall judah be saved , and jerusalem shall dwell safely , and this is the name wherewith he shall be called , the lord our righteousnesse . for thus saith the lord , david shall never want a man to sit upon the throne of the house of israel : neither the priests , the levites , want a man before me to offer burnt-offerings , and to kindle meat-offerings , and to do sacrifices continually . thus saith the lord , if you can break my coven●nt of the day , and my covenant of the night , so that there should not be day and night in their season : then may also my covenant be broken with david my servant , that he should not have a son to reign upon his throne , and with the levites the priests my ministers . as the host of heaven cannot be numbred , neither the sand of the sea measured , so will i multiply the seed of david my servant , and the levites that minister unto me , &c. the d is isa . . . to i will gather all nations , and tongues and they shall come and see my glory , and i will set a signe among them , and i will send those that escape of them unto the nations , and to tarshish , &c. and to the isles afar off ( whereof england is chief and principally intended ) and they shall bring all your brethren for an * offering unto the lord out of all nations , upon horses and in chariots , and in litters , and upon mules , and upon swift be●sts , to my holy movntain in jervsalem , saith the lord , as the children of israel bring on offering in a clean vessell vnto the hovse of the lord , and i will also take of them for priests and for levites , saith the lord. from which texts i shall observe ; . that as christs title to his everlasting spirituall kingdome under the gospel , over all the converted gentiles , as well as jews , is expressely set forth to be neither elective , nor by conquest , but by descent * heirship and lineall succession from king david ; and all the regenerated sons of god by their right of son-ship , and new-birth , even in like sort intituled to the kingdome of heaven ( whence they are stiled heirs and inheritors of the king-dome , jam. . . gal. . . rom. . . titus , . heb. . . chap. . . pet. . . mat. . . and this kingdome the inheritance of the saints , col. . . ephes . . . , . . pet. . . acts . . an unanswerable argument , that heirship and birthright is the best , surest , jestest , honourablest , lawfullest title of all other to crowns , kingdomes , and possessions on earth , being the very title of christ himself to his everlasting kingship , and kingdome , and of the saints in and by christ , to the kingdome of heaven it self , and crown of glory ; ) so the seat and throne of this his kingdome , is said to be zion and jerusalem : ( most emphatically expressed , isa . . . the lord of hosts shall reign in mount zion , and in jerusalem , before his ancients gloriously ) a typ● of the church of god under the gospel , first planted in , and propagated from thence throughout the world , according to the prophesies isaiah . . michah . . ) whence the church under the gospel is called the new jerusalem , &c. rev. . . chap. . , . gal. . . heb. . . . that the ministers of , and under the gospel , are expresly stiled in these prophesies priests and levites , severall times . . that their office under the gospel in a mysticall sence , is to offer bu●nt-offerings , to bake or kindle meat-offerings , to do sacrifices continually , and to minister unto god. . that these priests and levites , should be taken out of the converted gentiles , and isles afar off , whereof our isle was chief . . priests and levites should never fail , cease , nor want a man under the gospel , and that would multiply them as the host of heaven , as well as the seed of david . . that they should convert and bring their brethren for an offering out of all nations , and the isles afar off , to gods mountain and house in jerusalem , as the children of israel used to bring their offerings thither . since therefore the ministers of the gopel in these prophesies are thus expressely stiled priests and levites , and are to offer burnt-offerings , meat-offerings , sacrifices and oblations to god in his mountain and house at jerusalem , &c. under david their king , in an evangelicall sence ; without any judaisme or denying of christs coming in the flesh ; they may undoubtedly in the self same sence and right , receive all glebes , tithes , oblations , and other dues from christians , and converted jews under the gospel , as the priests and levites did at jerusalem under king david and his successors ; seeing they succeed them in their office in an evangelicall sence , according to these prophesies which as strongly confirm the maintenance of their priestly function , their tithe● , as their evangelicall priesthood . . although christ , his apostles , and the ministers of the gospel in the primitive times , whiles the church was in the * wildernesse under grievous , blo●dy , antichristian kings , magistrates , persecutours , by reason of the present persecution , neither did nor could receive tithes and gleb●s for their maintenances from the persecuted christians , and therefore were necessitated to live by private contribution and extraordinary wages in that case of extremity , yet it no wayes follows , that therefore all ministers of the gospel afterwards shall do so in setled kingdomes , states , nations converted to the saith ; where kings , magistrates , people doe all generally embrace and professe the gospel , and where churches are established , and ministers glebes and tithes are or may be confirmed by setled laws : which i shall irrefragably prove by these instances . . the priests and levites under the law , had no glebes or tithes at all , whiles the israelites wandred years together in the wildernesse , though they had then * a la● , and right to receive them . will the objectors thence inferr● , therefore they ought to have no tithes nor glebes when the israelites were possessors of and setledin the land of canaan in peace ; when they enjoyed both without dispute ? . the priests and levites had no tithes nor glebes in the realm of israel under the vsurper jeroboam , and his idolatrous successors , who deprived them of their possessions , cities , suburbes , tithes and priest office too , chron. . , . c. . . therefore , the priests and levites in the kingdome of judah , might not lawfully claim nor enjoy any glebes or tithes , nor ministers under the gospel , nor yet those in israel , under david and solomon , who were no persecutors but patrons of them . . when both these kingdoms with their priest and levites were carried away captives into assyria and babylon ; the priests and levites during the years captivity enjoyed neither glebes nor tithes : will it them follow : therefore they might lawfully enjoy neither , after their restitution to their country and execution of their priestly function , and the reedifying of the temple ; as we read they did : neh. . . c. . . c. . . to . and the people charged with robbing of god , when they neglected to pay tithes and oblations to them , mal. . , , , . . christ himself , so soon as born was forced to fly out of his country into aegypt , by bloudy herod , and to remain there till after his death . mat. . , , . after which he complained , that foxes had holes , and birds of the ayre nests ; yet he had not where to lay his head , mat. . . luke . , and at last , he was apprehended , mocked , reviled , crowned with thorns , crucified by the malicious jews and soldiers , who parted his garments among them , and cast lots upon his vesture : the evang●lists closing up the tragedy of his passion with this perpetuall brand upon the domineering cruell soldiers : these things therefore the soldiers did : john . . for which , and for reporting a lye to smother the truth of christs resurrection , the high priest gave large money to the soldiers besides , matt. . , . will canne therefore hence conclude ; theresore our souldiers now must force our ministers to fly into aegypt-till herods death ; leave them neither rectory , personage house , or vicarge , nor yet so much as a bed , bolster , tith-hay or straw , whereon to lay their heads ; and naile them to the crosse , pierce their sides with spears-points , revile , deride them , and at last part not only all their glebes , tithes and goods , but their very garments and gowns between them ? surely if they must and shall do so ; let them beware of another perpetual memento like the former . these things therefore , the soldiers did : so the soldiers took the mony , and did as they were taught by canne and popish priests and jesuits . . the apostles who succeeded our saviour in those dayes of persecution , were thus handled by pauls own relation , cor. . , &c. we are made a spectacle unto the world , unto angels and to men : we are fools for christs sake , we are weake , we are despised : even to this present houre , we are hungry and thirst , and are naked , and are buffeted , and have no certain dwelling place , we are reviled , persecuted , defamed ; we are as the filth of the world , and the off-scouring of all things unto this day . if all ministers in times of peace and setlement must be like the apostles , in not receiving ti●hes ; then they must be like them too even in setled christian kingdoms , states , churches , in all these their particular sufferings ; and have no certain dwelling place , &c. and if so ; let canne & his new ministers of the gospel ( as they stile themselves ) begin the president ; of whom our ministers may now say , as paul did of the corinthians in the precedent verse of this chapter v. . now ye are full , nowye are rich , ye have reigned as kings , without us : when as most of them were very poore , and farre enough from reigning as kings , or so much as petty constables before these unhappy wars , and in dayes of former persecution , when canne himself durst not shew his face in england for fear of a bishops power , or high-commission pursuivant ; nor durst reproach our orthodox protestant pious ministers , and parliaments as antichristian , popish ; and compare their laws for ministers tithes , with the very idolatrous statutes of omri and a●ab ( as he doth now p. . ) for which he might have taken a turn at tiburn , in steed of walking fre●ly in westminster hall , without being questioned for this his impudent high slanders both of our laws and parliaments , as well as ministry . . if the m●nisters of the gospel be bound to imitate the apostles in all things ; then they must not have gold nor silver , nor brasse in their purses , neither scrip nor two coats , nor yet shoes , but sandals onely on their feet , mat. . , . mar. . , . as the capuchin-friars mendicants hence conclude : this being a positive precept , the objected examples of the apostles , &c. onely a a president . and if so , not onely all our ministers , but canne and all his administrators , must turn friars mendican●s too in good earnest , ( who ground their vow of voluntary poverty on this text ; and the objected presidents of christ and his apostles ) and so become no ministers of christ , but antichrist , and as truly antichristian as these friars are . . if our ministers must all now be like those of the primitive times , whiles under persecuting heathen emperours , kings , magistrates , then all saints and christians too in our dayes , and times must imitate and be like the saints and christians in those dayes : they must sell all their old and new purchased lands , houses , lordships , palaces , and lay the money at the ministers feet , have all things in common like the reall saints and christians in the apostles times , acts . . to the end , and instead of lording and feasting it in their new acquired royall , episcopall palaces , and mannor houses , they must wander about in sheep-skins , and goat-skins , in desarts and in mountains , and in dens and caves of the earth , being destitute and affli●ted , like the saints of old ; yea , and like them they must be tortured , not accepting deliverance , have trialls of cruell mockings and scourgings , bonds and imprisonments , be stoned , sawn asunder , slain with the sword , instead of slaying , plundering , imprisoning and sawing others asunder with the sword , heb. . . to . and when our army-saints , officers , souldiers , with other tithe oppugners , who presse this objection against ministers tithes , shall lay down their arms , commands , power , lands , sell all they have and become like to all these primitive saints and martyrs of christ in sufferings , in times of persecution , i doubt not , but our ministers will joyfully part both with their glebes , rectories , tithes , and setled maintenance to sympathize with them in their persecutions and sufferings . but til● such hard times of persecutions , and they begin to follow this president of the self-denying primitive s●ints . i hope they will not make all our ministers present martyrs in their tithes and setled maintenance , nor enjoyn them alone to follow the primitive ministers of the gospel in those times of persecution ; and prove greater persecutors to them in these pretended times of christian liberty and justice , than the late oppressing prelates and high commissioners , who suffered many of them ( though non-conformists ) to enjoy their tithes and glebes ; and not eject or disinherit them and their successors for ever , of their ancient glebes , tithes , and setled maintenance , without any legall tri●ll by their peers , or conviction of any treasonable crimes against our known lawes , for which they deserve to forfeit them ; and all under the false petence , that tithes are jewish and antichristian under the gospel , which i hope i have sufficiently refuted ( being established on them by ch●istian kings , states , parliaments , immediately after the primitive persecutions , generally throughout christendome , as the fittest maintenance of all other , and particularly in our realm , when as the abolishing of them will be really such in the judgement of all godly protestants and patrons of religion , both at home and throughout the world. fins . notes, typically marginal, from the original text notes for div a -e a isa . . . & . . b mat. west . an. . p. . antiq. eccles . brit. ● . , . c psal . . . d act. . . e psal . . f thess . . . rom. . . psal . . , , . g psal . . , , . cor. . , . cor. . , . job . . gen. . . h dan . . i tim. . . k dan. . , , &c. l jona . . & . m in my histriomast●x , healths sicknesse , love-locks , cosens cosening devotions , breviate , quench-cole , memento , speech in parliament , and other books . n jude . levit. . . tit. . . o rom. . , . p deut. . . neh. . . p●a . . ● . . to ▪ & . & ● . . jer. . , , &c. heb. . , . q gen . ▪ levit. . . num. . . josh . . . & . . & . . , to . psal . . . hos . . . zech. . eccles . . . ezek. . , , . r prov. . , . rom. ▪ . ti● . . , to . . s revel . ●● , . t psal . . ● , , . u ps . . . x act. . , to . y see the beacon fired : and nicolas causins the jesuit's holy court ; printed at london . in folio . z psal . . . a isa . . . & . . b sam. . . c psa . , , , , . d act. . . e co. . . f psal . . . , , &c. g psal . . . h psal . . . & . . notes for div a -e a ezek. . . & ● . . give it this title . b isa . . . ezek. . . & . . c magna carta of king henry the i. and k. john. mat. paris hist . angl. p. . . . & h. ● . c. . . . ●imes since confirmed in parliament . d isa . . & . , . psal . , . rev. . e j●r . . , . f a collection of ordinances , & c. p. . . g mat. . ▪ h g●l . . . i gen. . . heb. . , to . k dr. griffith w●lliams in his workes in folio p. . l contrary to magna carta c. . . e. . c. , , . e. . c. . e. . c. . e. . c. . e. . c. . e. . c. . e. . c. . . h. . c. . h. . c. . h. . c. , . h. . c. e. . c. . the petition of right caroli . and late ordinances for tithes and a●gmentations m the kentish petition and others . n muffaeus vegius & rabadenira ( both jesuites ) in vita ignatii loyolae . heylins microcosme , p. . o this one of them asfirmed lately to a friend of mine . p the false jew , newly printed , p. , ▪ , , . r dan. . . s gen. . t a collection of ordinances , p. , , , . u june . & . . x mat. . ▪ , . y exact collection , p. . to , , , , , , ● , , , ● , , , , ● , , , . a collection , p. , , ● , &c. , , , , , , , , , , , , , , , , , , , and el●ewhere . z exact collection , p. . a collection p. , , , , . which i desire may be now seriously perused together with my romes masterpiece . a luk. . . b pet. . . c ps . . , . d psal . . . e esth . . . f eph. . . & . . philem. , . tim. . g cor. . . h tim. . , . notes for div a -e a see speimanni concil . tom. . p. . . . b thes . . . c ezek. . . psal . . . psal . . . proposition . . d see dr. ca●ltons tithes proved to be by divine right , and dr. burges . e deut. . . f tim. . , . tim. . , , , , , , , , . g heb. . . h ps . . prov. . . i see cor. . , . & . . . * see nicephorus , zonaras , and grimston in the life of phocus : platina and bale in the life of pope gregory the . ‖ fox acts and monuments , vol . hist . de vita et obitu m. buceri . k king. . , , . l see rom. . , , , . backing these reasons . m tim. . , . rev. . . & . & . . ps . . . n grorius de jure belli . l. . c. , , , . l. . c. , . gratian. causa . . qu. . o gro●ius , de jure belli . l. . c. . sect . . ● . . and elsewhere . nulla fides , pietasque viris qui custra sequuntur . lucan . hen. huntindon . hist . l. . p. . p isa . . , . jer. . . to . ch . . & . throughout . ezek. chap. . joel . . ●●a . . , . & . , , . & . , to . q sam. . . acts. . . r sam. . . & , . s chron. ● . , . , . & . , . & . , , , , . jam. . , , . joel ● ▪ , . t magna carta c. , , . e. . c , , . e. . c. , . . e. . c. . . e. . c. . r. . c. . h. . ● . . r. . c. . the petition of right caroli . u see rastals abridgement tenths and taxes , and statutes at large , acts f●● the clergies subsidies . the objections answered . x spelmann . y see anttqu ; ecclesiae brit. p. , to . hoveden annal. pars posterior . p. . . . z see a vindication of sir will. lewes a justification of the xi . impeached members , and their answer to their charge , printed . proposition . z rom. . , . a heb. . . b dr. bound , dr. twisse , mr. sprint , mr. bernard , mr. palmer , mr. caudry and others of the sabbath : mr. dod and others on the . commandement . c gen. . . & . , . heb. . . . d dr. griffith williams of the incarnation of christ , in his workes in fol. p. , to . e see hemingius on the place . f rom. . , , . & . ga. . , , , . g cor. . , . tit. . . h see the late petitions against tithes . i the words of the solemne league and covenant . k purchas pilgrimage p. . genundensis and godwins jewish antiquities l see the ordinances for ● augmentations . m act. . . neh. . . n sam. . . chron. . . o sam. , . * sermo . . tom. . a spelman . concil . p. . b ingulph h●st . p. , , . will. malmesbur . de gestis regum angl. l. . p. . hen. huntindon hist . l. . p. . hoveden annal ▪ pars prior . p. . . & pars posterior p. , , . verstegan restitution of decayed antiquities ; accord herein , and math. westm . an. . p. . c spelman . concil . p. . d mr. camd●ns britannia p. . mr. seldens notes to eadmerus p. . where the charter is recorded : and most of our historians in the life of king william . speeds history p. . e hoveden annalium pars p●sh ●io , p. ● ●● 〈◊〉 selden ad ●a●●em●n not● p. , , ● . spel●●●●●●cil tom. . p. ▪ i●●ulpin ●ist ▪ p. . f hoveden ib●d . p. . scld●●i ad eadm●rum notae p. . g hoveden ibid. p. . . spelman . concil . p. , . lambardi archaion . h royall tyranny discovered : a defiance against arbitrary usurpation . englands birthright ; and many late pamphlets else . i will. malmesbury de ge●tis regum angl. l. . p. . &c. and naucl. speeds history p. . daniel in his life . ob. . k fox acts & monuments vol. p. . see hemingins and others on this place . m mat. . ▪ luke . . to . joh. . . * john . ▪ . mat. . , . n exod. . , , . deut. . . o exod. . , , . c. , . . levit. . ▪ num. . , ▪ deut. . , ▪ levit. . . p dr. bound , dr. twisse . dr white , and others , of the sabbath . bishop andrews , mr. downham , mr. cleaver , mr. dod on the fourth commandement , and all other commentators on it . q his second voice from the temple . r rom. . ● ▪ psal . ▪ . isa . . ● . zeph. . . acts . . josh . . ▪ isa . . . rom . . cap. . . ſ in his sermon . april . . in defence of the honourable function of bishops . t in his pilgrimage , l. . c. . p. . the first edition . v kings . . c. . . kings . . x dr. usher . ●●nales eccles . veteris testamenti . y see the books of ezra and nehemiah . z heylins cosmography , p. . a see spelmanni concil . ingulphi historia : mathew westminster , antiquitates eccles . brit. m. seldens history of tithes , and our kings & others ancient charters of donations to abbies and churches . b hi●ron . super eze●h . josephu● scaliger d●atriba de decimis . drusius pro. ad ma● . . pur●has pilgrimage , l. . c. . m. seldens history of tithes . c comment . in thess . . . p. . d dr. bound , m. dod , cleaver , dr. twisse , downham , practise of piety and others ; e in his second voice from the temple to the higher powers p. . , , . and elsewhere . f chaplain to sir arthur haslerig 's regiment and garrison heretofore . * page , ▪ a joan. capgrave in vita josephi : chr. glastoniens . vincentius spec. hist . lib. . c. . with sundry others , cited by dr. usher . britan. ecclesiarum antiquitates . c. . p. , spelman conc. p. , &c. with the authors quoted by them . b dr. vsher brit. eccles . antiq. spelmanni conc. p. &c. with the authors quoted by them . c gildas , dr. usher , brit. eccles . antiq. p. . spelmanni con●il . p. . . * spelman lb. p. , . de antiquit atibus eccles . brit. dr. vsher . * malmesbury , de gestis regu● angl. l. . c. . mat. westm. anno . florentius wigorniensis , anno . spelmanni concil . p. . * spelman concil . p. , , . to . cent. magd. & cap. . * in his second voice from the temple . * john canne , his second voice from the temple ▪ p. . * john canne , his second voice from the temple ▪ p. . fox , acts and monuments , vol. c. s . , , . * see the false jew discovered at newcastle for a cheat and jesuit , p. , , , , . dipped by m. tillam at hexam ; a like priest now administrator of the anabaptists there . and eliazer bar israel , his vindication of the messiah , a pretended converted jew , but sprinkled and baptized by the jesuits , dipped by our anabaptists , and a jesu●t in truth ; ( though the fi●st in the bead-roll . ) * john . . eliz. c. . . eliz. . c. . jac. c. , . jac. c. . car. the act for trienniall parliaments . * ● eliz. c. . and book of ordination . * b●ch●llus decret . eccles . gal. . tit. . c. . p. . * spelman conc. tom . . p. , , , , , , , . gulielmi lambardi archaion . * see gr●t●a● caus . . qu. . . a luke . , . rev. , isn . . , . jer. . . c. . . c. . , , ezcch. . , . b gen. . . deut , . . sam. . . to . kings . c . . c. . , c. . , . psal . . , , ● . to ps●l . , , . ch● . , , . ● . . . c. . . c. ● . . c. . . c. ● . jer. , . c. . , . c. , . c sam. . . chr. . . kings . , . c. , . c. . . isa . ● . c. . . * see rom. . . * whence he is stiled heir of all things . heb. . . and the lord shall giv● unto him . the throne of his father david and he shall reign over the house of jacob for ever , &c. luke . , . * rev. . . * levit. . , , . numb . . , , . some profitable directions both for priest & people in two sermons preached before these evil times : the one to the clergy, the other to the citizens of london / by h. hammond. hammond, henry, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some profitable directions both for priest & people in two sermons preached before these evil times : the one to the clergy, the other to the citizens of london / by h. hammond. hammond, henry, - . [ ], p. printed by j.f. for r. royston ..., london : . page has print faded with some loss of text in filmed copy. pages - photographed from university of illinois (urbana-champaign campus). library copy and inserted at end. reproduction of original in union theological seminary library, new york. the pastor's motto -- the poor mans tithing. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- sermons. sermons, english -- th century. tithes -- england -- london. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion some profitable directions both for priest & people , in two sermons preached before these evil times : the one to the clergy , the other to the citizens of london . by h. hammond , d. d. london , printed by j. f. for r. royston at the signe of the angel in ivy-lane , mdcl vii . to the reader . my fear that these additional notes may fall into some hands , which for want of sufficient acquaintance with the larger volume , may miss receiving the desired fruit from them , hath suggested the affixing this auctarium of two plain , intelligible discourses , the one prepared for an auditory of the clergy , the other of citizens or laity , and so containing somewhat of useful advice for either sort of readers , to whose hands this volume shall come . that it may be to both proportionably profitable , shall be the prayer of your servant in the lord , h. hammond . the pastors motto . a sermon preached to the clergy of the deanery of shorham in kent , at the visitation between easter and whitsuntide , an. dom. . held at s. mary-cray . cor. . . for i seek not yours , but you . this text hath somewhat in it seasonable both for the assembly , and the times i speak in ; for the first , it is the word , or motto of an apostle , non vestra sed vos , not yours but you , transmitted to us with his apostleship , to be transcribed not into our rings , or seales of orders , but our hearts , there , if you please , to be ingraven with a diamond , set as the stones in our ephod , the jewels in our brest-plate , gloriously legible to all that behold us . and for the d consider but the occasion , that extorted from our humble saint this so magnificent elogie of himself , you shall find it that which is no small part of the infelicity of his successors at this time , the contempt and vileness of his ministery , a sad , joyless subject of an epistle , which would have been all spent in superstruction of heavenly doctrine upon that pretious foundation formerly laid , in dressing of those noble plants , that generous vine , is . . that had cost him so much care to plant , but is fain to divert from that to a comfortless 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a parenthesis of two or three chapters long , to vindicate himself from present danger of being despised , and that even by his own children whom he had begotten in the gospel , but other pseudo's made up all of lying , and depraving , had debauch'd out of all respect to his doctrine , or estimation to his person . i should have given a s. paul leave to have hoped for better returnes from his corinthians , and now he finds it otherwise to have express'd that sense in a sharper strain of passion , and indignation , than tullie could do against antonie , when on the same exacerbation he brake out into that stout piece of eloquence , quid putem ? contemptúmne me ? non video quid sit in moribus aut vitâ meâ , quod despicere possit antonius . but there was another consideration , which as it composes our apostles style , so it inlarges it with arguments , all that he can invent , to ingratiate himself unto them , because this contempt of their apostle was a most heynous provoking sin , and withal , that which was sure to make his apostleship succesless among them ; and then though he can contemne reputation , respect , any thing that is his own , yet he cannot the quaero vos , seeking of them , that office that is instructed him by christ , of bringing corinthians to heaven ; though he can absolutely expose his credit to all the eagles and vultures on the mountains , yet can he not so harden his bowels against his converts , their pining , gasping souls , as to see them with patience posting down this precipice ; by despising of him , prostituting their own salvation ; and therefore in this extatick fit of love and jealousie in the beginning of c. . you may see him resolve to do that , that was most contrary to his disposition , boast , and vaunt , and play the foole , give them the whole tragedie of his love , what he had done , and suffered for them , by this means to raise them out of that pit , force them out of that hell , that the contempt of his ministery had almost ingulph'd them in . and among the many topickes that he had provided to this purpose , this is one he thought most fit to insist on , his no design on any thing of theirs , but onely their soules ; their wealth was petty , inconsiderable pillage , and spoile for an apostle in his warrefare , too poor , inferior gaine for him to stoop to ; a flock , an army , a whole church full of ransomed soules , fetch'd out of the jawes of the lion and the beare , was the onely honourable reward for him to pitch designe on , non quaero vestra sed vos , i seek not yours , but you . in handling which words , should i allow my self licence to observe , and mention to you the many changes that are rung upon them in the world , my sermon would turn all into satyre , my discourse divide it self not into so many parts , but into so many declamations , . against them that are neither for the vos nor vestra , the you , nor yours . . those that are for the vestra , but not vos , the yours but not you . . those that are for the vos , you , but in subordination to the vestra , yours , and at last perhaps meet with an handfull of gleanings of pastors , that are either for the vestra , yours , in subordination to the vos , you , or the vos , you , but not vestra ▪ yours . instead of this looser variety , i shall set my discourse these strict limits , which will be just the doctrine and use of this text , . consider the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the truth of the words in s. pauls practice . . the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the end for which they are here mentioned by him . . the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 how far that practice , and that end will be imitable to us , that here are now assembled , and then i shall have no more to tempt or importune your patience . first of the first , s. pauls practice in seeking of the vos , you . that his earnest pursuit of the good of his auditors souls , though it have one very competent testimonie from this place , v. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , most willingly will i spend and be spent for your soules , even sacrifice my soul for the saving of yours , yet many other places there are , which are as punctual and exact for that , as this in this text , nay 't is but a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seek here , but you shall find it an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contend ] in many other places ▪ all the agonistical phrases , in use among the antient grecians , cull'd out , and scattered among his epistles , fetch'd from olympus to sion , from athens to jerusalem , and all little enough to express the earnest holy violence of his soul in this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , good fight ; he calls his ministerie , running and wrestling with all the difficulties in the world , and no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 price , or reward of all that industrie , and that patience , but onely the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , you , gaining so many colonies to heaven . but then for the non vestra , not yours , his absolute disclaiming of all pay for this his service , this text and the verses about it are more punctual , than any that are to be met with ; in other places he can think fit the souldier , i.e. minister , should not war at his own charges , that the oxes mouth should not be muzzled , and that the labourer should be thought worthy of his reward , and a double honor for some of those labourers , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , elder brothers portion , the privilege of primogeniture for some , and that consisting not onely in a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 precedence , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 double honour , tim. . . and that of maintenance too , as well as dignity . but in this chapter to these corinthians the apostle renounces receiving , or looking after any such revenue , or incouragement to his apostleship ▪ what he saith here , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i seek not , for the present , he specifies both for time past and to come , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i have not , v. . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i will not , v. . i.e. saith hesychius , that best understood the hellenists dialect , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it signifies to lay burthens on others , and the apostle in that very word . v. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i have not laid weights on you , and yet farther , v. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i have not coveted , all to this same purpose , that s. paul , on some special considerations , would never finger one penny of the corinthians wealth , but still used some other means to sustain himself , that he might be sure not to be burthensome to them . what these means were , will not be easie to say exactly , yet i think one may collect them to be one or more of these three . . labouring with his own hands , earning his maintenance on the week daies by his trade of making tents , as we read , acts . . and that particularly at corinth . v. . dly . receiving pensions of other churches , which furnish'd him with a subsistence , though he had none from corinth , and that is more than a conjecture , he mentions it himself , c. . . and cals it the robbing of other churches , taking wages of them to do you service , and perhaps , dly . being releeved by some christians , that accompanied and ministred to his necessities ; for that was the practice of other apostles , whatever it was of s. paul ; and that i conceive the meaning of that mistaken phrase , cor. . . have we not power , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to carry about a beleeving or a sister woman , or matron ( for so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a brother , is every where a beleever , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sister is but the varying the gender , or sex ) as many others did , to maintain and defray the charge of their journey , that so they might 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , v. . forbear working , and yet eat and drink , v. . not starve themselves by preaching the gospel . such an one was phaebe , rom. . . who therefore is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a servant of the church of cenchrea , i.e. one that out of her wealth , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ministred to the apostles , and sustained them , and particularly s. paul at corinth , as will appear , if you put together that second verse of rom. . and the date or subscription in the conclusion of the epistle . in v. . she is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i.e. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , entertainer and succourer of many , and of s. paul himself , and this it seems at corinth , for there she was with him , and from thence she went on s. pauls errand , to carry this epistle to the romanes , as 't is in the subscription . the same he affirmes distinctly of the brethren , i.e. the faithful that came from macedonia , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , c. . . they supplied my wants . and so still the corinthians had the gospel for nothing ; by these three means , the apostle kept himself from being burthensome to them . but you will wonder perhaps why s. paul was so favourable to these corinthians , so strictly and almost superstitiously careful not to be burthensome , or chargeable to them : this i confess was a receding from a right of his apostleship , and more than will be obligatory of exemplary to us , nay more than he would yeeld to , as matter of prescription to himself , in other churches , for there , 't is apparent , he made use of that privilege ; but then 't is still the more strange , he did it not at corinth ; the reason i can but guess at to be this ; the church of christ in other parts at that time , particularly in jerusalem , was in some distress , and 't was committed to s. pauls trust to get a contribution out of all other parts for them ; this contribution is called by an unusual phrase , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 grace , i know not how many times , in c. . of this epistle , which i conceive the very word , which in latine and english is called charity , charitas , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( in a sense that aristotle uses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , * rhet. . . ) and as it is all one with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , v. . communication , distribution , ministring to the saints , and as in the benediction , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 grace , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 communion , are words of the like importance . where by the way let me put you in mind of one special part of the ministers charge , where-ever he officiates by doctrine , and by cheerful example , ( by preaching the duty and the benefits and setting them lively copyes of it ) to raise up the charity of his people , and from that to see to the liberal provision of all that are in want in that place , yea and if need be , that it overflow its own bankes ( if they be narrow ) and extend to the watering of others also . in the primitive times the offertorie was the constant meanes of doing this , no man of ability ever coming to the sacrament without remembring the corban , and out of that treasury the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or priest being inabled , * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , became the common guardian of all that were in want ; the weight of which task was so great in the apostles times , that they were fain to erect a new order in the church , to assist them particularly in this , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to furnish tables , i.e. distribute maintenance out of that banke to all that were in need , act. . . i wish heartily our care and our practice may not fall too short from such a venerable example . well , there being need , more than ordinary , at that time , for our apostle to quicken his corinthians liberality to the poor brethren of other churches , was the reason , i conceive , of his renouncing all part of their liberality himself , inflaming their charity by that means , shewing them first in himself a paterne and example of bounty , bestowing the diviner food of their very soules upon them , as freely as the sun extends his beames , or the stars their influence , pouring down heaven upon them in a shower , and yet to exceed the clouds in their bounty , never thinking of any means to exhale from them to his own sphaere any the least tribute out of their fatness , abundantly satisfied , if those clods , that have been so inrich'd by him , will melt or swet out some of their charity to others , give poor christians leave to be the better for their fulness . having given you an account of the apostles practice in this non vestra , renouncing , disclaiming any profit , or gain from his labours among the corinthians , i proceed to enquire , why he boasts of it in this place , and keeps it not secret betwixt himself and god , but in several phrases mentions it over and over again , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i have not overcharged you , i have not burthened you , i have not coveted any thing from you , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i seek not yours . the plain truth is , the apostle is fain to boast , to recite , and reherse his merits toward them , to demonstrate how , above what strict duty exacted , he hath obliged them , and all little enough to vindicate his ministerie , to bring them into any tolerable opinion of him : he had been reproach'd by them , counted weak , a fool , in the former chapter , and by that means he is compelled thus to glory , v. . the thing that i would have you make matter of meditation from hence , is , the constancy of the devil , and his indefatigate perseverance in this grand 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , artifice of deceipt , in stealing away mens hearts from their apostles and pastors , and the mighty successfulness that this meets with , debauching whole nations and churches at once , particularly all corinth , ( a most numerous populous city of forward christians , and metropolis of achaia ) from all love , respect and estimation of their spiritual father , and that within few years after their spiritual birth , by that very paul begotten in the gospel . thus is the present ministry of this kingdome , that very same subordination of bishops , presbyters and deacons , that so neer the apostles , as in ignatius time , could not be violated without profaneness , and even disclaiming of christianity , ( by him most clearly and distinctly set down almost in every of those epistles , which vedelius at geneva , a severe aristarchus , could not doubt but they were his ) that ministry of ours , the very same that planted the protestant religion among us , watered it with their blood , ( our pauls and our apollos's too ) to whom god by that prolifical teeming martyrdome of theirs , hath since raised up a most numerous , learned , orthodox seed , ready , i doubt not , in defence of our religion , to fill up the sufferings of their fathers , to dy their garments in the same winepress , to run , if occasion should be , and croud into that fiery chariot , and there like the antient 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in athenaeus , fight , and shoot out of those warme seats , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and contend earnestly for that faith that was once delivered to the saints in this kingdome : this so learned , puissant , orthodox ministery of ours , yet how is it by the sonnes and daughters of their love , their sweat , their prayers , their teares , their lungs , their very bowels , sorry am i to say , by some sons of the very prophets , defamed , and vilified ? i speak not this either to raise , or invenome any passion in my fellow-brethren , but , god knowes , out of two other more useful designes , . from the common fate of others , and even this apostle before us , to leave off wondring at this act of gods providence , in permitting , and satans malice in attempting it . think it not strange , saith the apostle , concerning the fiery trial , this i cannot call by that title , 't is rather the aery trial , a blast of poysonous vapour , that satan in a kind of hypocondriacal fit hath belch'd out against the church , yet are we to think as little strange of it ; 't is as familiar for that mouth of hell to breath out smoke , as fire ; slanders , as slaughters against the church ; christ was defamed for a glutton , and one that had a devil , crown'd with reproaches , as well as thornes , first wounded with the sword of the tongue , and then after with nailes and speare , made viler , then barabbas by the peoples cry , before condemned to the cross by pilate ; and when the master of the house hath been patient to be called belzebub , well may a disciple of his retinue digest the title ; and therefore , me thinks , s. paul can write it calmely , we are become , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the off-scouring , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 't is a phrase of mighty intimation , like a man , that in a plague-time is chosen out , the vilest , unsavoryest in the city , carried about in the guise of nastiness , then whipt , then burnt in a ditch , or cast into the sea , every man giving him a [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] let the curse of the whole city light on thee ; and thus , saith the apostle , are we become , we apostles , we ministers ; yea and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a spectacle to the world and angels and men , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the theatre for all the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as some ( i say not how well ) have lightly changed the phrase , cor. . . combating with men , as with lions , and beares , or else 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the stage , and scene for the whole world of fiends and men , to act their tragedies upon , and no manner of newes in all this . even among the heathen , the grammarians tell us , that never any comedy of aristophanes took so well , as his clouds , that was spent all in reproaching of socrates , and under that title involved the whole condition of learning ; though through alcibiades's faction excidit , it miscarried , mist its applause once or twice , yet when men were left to their own humors , 't was cried up extremely . and therefore not to think it strange , that is the first thing ; yea , and dly . to make it matter of rejoycing and triumphing , of a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , mat. . . a plain shouting for joy , or , as we render it , exceeding gladness , that they are worthy of this degree of christian preferment , to suffer shame for christs name ; that woe of christs we have been generally secure , and safe from , luk. . . woe unto you when all men speak well of you , we have had in all ages friends good store , that will not let this curse light on us ; and blessed be god , if it prove 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , we of the last age peculiarly , that that great blessing is reserved for , mat. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , blessed are ye when men shall revile and persecute and say every evil word against you ; but withall let us be sure to take along with us the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 falsely ] that followes , that it be our innocence that is thus reviled : the devil is most ready to do it then , being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , accuser of the brethren , the best christians , that he may exercise two of his attributes at once , accuser and lyer both ; if he do not so , i am sure t will be small matter of rejoycing to us , small comfort in suffering as a theef , saith the apostle , though all joy in suffering as a christian , and so small comfort in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being reproached unless the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 falsely ] be joyned with it ; and therefore you must adde that caution to your comfort , that they be your good , at least your justifiable deeds , that be evil spoken of , or else it will not be a sic prophetas , the prophets were used like you . the clergyman that in such a time as this , when the mouth of hell is open against us , shall think fit to open any other mouth , to joyne in the cry against the church , to give life , or tongue to any scandalous sin , and set that to its clamans de terra , crying from the ground ; that shall with any one real crime give authority to all the false pretended ones , that are laid to the charge of our calling , that by drunkenness or incontinence , by luxury or sloth , by covetousness or griping , by insolence or pride , by oaths or uncomely jesting , by contention or intemperate language , by repaying evil for evil , or rayling for defamations , shall exasperate this raging humour , and give it true nourishment to feed on , what doth he but turn broiler and boutefeu , make new libels against the church , and by that means perswade credulous , seducible spectators , that all are true , that have been made already ; i know not what climax or aggravation of woes is heavy enough for that man , all the lamentations and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the bible , alas my brother ] will not reach unto it , that of the milstone about the neck , or the melius si nunquam nasceretur , it had been better if he had never been born ] are the fittest expressions for him . s. paul for the vindicating his ministery from vileness , was fain to mention all the good deeds he had ever done among them : o let not us bring our evil to remembrance , by acting them over afresh , but think it most abundantly sufficient , that we have already thus contributed to the defaming of our calling ; he that hath done so formerly , that by the guilt of any one scandalous sin ( and it need not be of the first magnitude , to deserve that title in a minister ) hath contributed ought to the vilifying of the whole order , 't is now time for him to see what he hath done , been a troubler of israel , set the whole kingdome in an animosity against the clergy , and when will he be able to weep enough in secret , to wash out this stain , incorporate into the very woofe of our robe ? i shall no farther aggravate the sin upon him , than to prepare him to seek out for some remedie , and to that end to bear me company to my last particular , how far we are concerned in the transcribing s. pauls pattern , how far that practice , and that end is imitable by us , that are here assembled . this practice consists of two parts , a positive , and a negative . the positive part of this practice , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but you ] hath no case of scruple or difficulty in it ; the you ] are the corinthians souls ; as in other places the souls signifie the persons , so many souls went out of aegypt , i.e. so many men ; so here , by way of exchange or quittance on the other side , you , i.e. your souls , according to that of pythagoras of old , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , thy soul is thou ; and then adde the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i seek ] to it , and it gives you the uncontradicted duty of a minister , to be a seeker of souls , the spiritual nimrod , the hunter before the lord , hunter of men , hunter of souls , and that indeed as wild , and untameable , subtle a game , as any wilderness can yeeld , so unwilling to come into our toyles , so wise in their generation to escape our snares , so cunning to delude all our stratagems of bringing them to heaven , that a man may commonly labour a whole night and catch nothing . he that winneth , or taketh souls is wise , saith the wise man , prov. . . a piece of wisdome 't is , not suddenly learn'd , a game , wherein all the wisdome of the world , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the prudence of the flesh , and the cunning of hell are all combin'd in the party against us , for this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as synesius calls the soul , this stake betwixt god and devils ; and the game must be very carefully play'd , and dexterously managed on our side , if we think ever to win it out of their hands . the manner of pastors , as of shepherds among us , is much changed from what it was in the eastern parts of the world , in greece and in jurie ; the sheep , saith the philosopher in his time , would be lead by a green bough , and follow whithersoever you would have them ; and so in the scripture is still mention of leading of sheep , and of the people like sheep , psal . . but now they must be driven and followed , yea , and sometime by worrying brought into the fold , or else there is no getting them into the fairest lovelyest pasture . the sheep were then a hearing , and a discernig sort of creatures , could hear the shepherd , and know his voice from all others , and when the theef and robber came , the sheep did not hear them , joh. . . but now 't is quite contrary , either not hearing at all ; profaneness and dissoluteness hath possess'd our soules with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , spirit of slumber , torpor , absolute deafness , that all our hearing of sermons is but a slumber of such a continuance , or else having no eares for any but the theef and robber , if any come on that errand , to rob us of our charity , of our obedience , of our meek and quiet spirits , and infuse calumnies , animosities , railings , qualities that ipso facto work metamorphoses in us , change sheep into wolves , his voice shall be heard , and admired , and deified , like herods , the voice of god and not of man , though nothing be so contrary to god or godlyness , as that voice . in this and many other considerations it is , that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i seek ] here is so necessary ; all our paines and industry , diligence and sagacity are little enough , to bring men into the true way to heaven , so many by-wayes on every side inviting , and flattering us out of it , so much good company perswading , nay so many false leaders directing us into error , that a minister had need fasten himself into the ground ( like a mercuries post in this division of waies ) and never leave hollowing , and calling and disabusing of passengers with a — this is the way , walk in it ; or in the apostles words , follow peace with all men ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pursue and follow it ) and holyness , without which no man shall see the lord ; peace and holyness , two such strangers , such prodigies in the world , ( having taken their leaves so solemnely with astrea for heaven ) that unless they be followed with a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 full speed , as in an hue and cry , there is small hope of overtaking or bringing them back again to the earth , and yet without them , heaven must be fain to turn an unhabitable part of the world , pars globi incognita , as empty of saints , as it is full of glory , without them nemo deum , no man shall see god. could i imagine it possible for me to be instrumental to you in this work , to advise or direct you in this course , this method of seeking your peoples souls , so that god might one day find them in this temper , in pace & sanctitate , in peace and holyness , i should put off all the reverence , that i bear to this assembly , all consideration of the business of this day , and venture to be unseasonable that i might be useful to you in this point ; but i know there be no general rules , that can promise themselves such a successefulness ; the variety of tempers must have different accommodations , and well if after using of all means , we can be able to save any . the way most probable in my conceipt is the bringing men acquainted with the difference betwixt the first and second covenant ; then pitching on the second , as that that belongs to us christians , to shew them the condition of this covenant in the gross , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , law of faith , made up of commands as well as promises all the gospel-precepts that joyne together to complete that codex , that law of repentance , self-denyall , charity , the new creature , which s. paul interprets 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , faith consummate by love , or , as s. james , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , perfected by workes , sincere , impartial , constant , though not unsinning , perfect obedience ; and then , if you will have it in the retaile , the sermon in the mount , in the th and th of matthew will give it you completely ; were men but possess'd that those duties there mentioned , with the ego autem , but i say to you ] were duties indeed not onely phrases , and formes of speech , that they are not onely by grace made possible to a christian ( an easie yoke , light burthen , and a command nigh unto thee , rom. . . i.e. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as the . render that place of deuteron . from whence 't is cited ) but also most indispensibly necessary , without which nemo deum , none shall see god , gods oath being gone out against all others , with a nunquam introibunt , they shall never enter into his rest . it would , i conceive , within a while be found necessary either to give over pretending toward heaven , or else to observe those gesses , that alone of all others can bring us thither ; and so the world of christians be once more divided , as epiphanius saith it was in the first ages , not into orthodox and heretical ( for those are titles , that every man will applie as he lists , the one to himself and his adherents , the other to all others that he disphansies : ) nor again into spiritual and carnal , ( for those were abused too in tertullians time , as soon as ever he turned montanist , then strait nos spirituales , we spiritual , and all others animales psychici , meer animal men ) but into 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , godly and ungodly livers , and so impiety , injustice , and uncharitableness be the grand heresies , to be anathematized , and peace and holyness the most orthodox christian tenets in our religion . but then for the atchieving this aime , let me tell you , that men must have more than sermons to lead them , the visible preachings of your lives must 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cooperate , and joyne in the work of drawing sinners to god , or else 't will hardly prove successeful : you know the story in gellius , when that excellent counsel was given at lacedemon by one that was vitâ defamatissimus , infamous for a very ill life , they were to take the counsel out of his mouth , and appoint a good man to deliver it , though a worse orator , lib. . . two things the gospel was first planted by , teaching , and miracles , and those miracles in scripture phrase are called workes , and mighty workes ; now though the miracles be outdated , yet the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 workes , in the other sense must never be antiquated , 't is they that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 power belongs to , the efficacy , and force and mightyness of our preaching , which if it be not added to our sermons , our threats will be taken for mormo's , our promises for delusions , our exhortations out of scripture for acts of tyranny and oppression , laying those burthens on other mens shoulders , which we will not touch with our own fingers ; but if our lives beare witness to our doctrine , by letting them see us write those copies with our own hands , which we require them to transcribe , then as polybius saith of philopoemen , that good orator , and good man , ( and the goodness of the man was the special peece of his oratory ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , we shall not onely perswade but inforce our auditors ; this is the onely honest way of insinuating our selves into our peoples affections , by letting them see how hearty our exhortations are , by our zeale to observing them our selves , by shewing what miracles of reformation the gospel is able to work on them ; by an essay of its efficacy on our own breasts ; and if this positive part of s. pauls practice be perfectly con'd , the negative will follow , the non vestra not yours . ] he that heartily and affectionately se●ks the souls of his auditors , will never pitch design on any thing else , that is theirs , the crown that belongs to him that converteth many to righteousness , is too rich to receive luster or commendation from any inferior accession , or acquisition from any thing that the vestra yours ] can signifie ; he that hath any consideration of the vestra , yours ] in this work of a pastor , is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the mercenary hireling , that christ so prejudiceth with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he flyes , and he cares not for the sheep , from no other topick of proofe , but onely , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , because he is an hireling , joh. . . and of what ill consequence 't was foreseen this would be in the church , you may conjecture by that one act of the administration of gods providence in this behalf , constantly observable through all ages . that no minister of gods might be forc'd to such viler submissions , driven out of that apostolical , generous ingenuity ( freely have you received , freely give , ) into gehezi's meanness , and mercenariness , selling and bartering that sacred function , the gifts of the holy ghost , or the exercise of those gifts ; it is , no doubt , that gods providence hath in all ages so liberally provided for endowing of the church ; among that people where he himself so immediately presided , that , saith josephus , it could not be called by the style of any other nation , monarchie , aristocracy , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , neither administred by kings or senates , but immediately by god himself ; there the levites , without any of their own arts or pursuits , were much the richest tribe of the twelve , lost nothing by having no portion among their brethren ; not to mention their parts in sacrifices and offerings , and their fourty eight cities with suburbs , made over to them , num. . the lords being their inheritance , i.e. the instating the tithes upon them , was demonstratively as large a revenue to them , as ( supposing an equal division ) the remainder could be to any other tribe , yea and larger too , as much as the twelve tenth parts which they received , exceeded the nine , that remained to each tribe after the decimation , i.e. by one third part of what was left to any tribe . and among christians in the infancy of the church , before the ministery was indowed with any certain portion , yet sure the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the christians selling their lands , and bringing the price of them to the apostles feet , though not for them to inclose , yet for them to partake of , as well as to distribute , kept them from any necessity of the quaero vestra , seeking that which was other mens . nay where that provision was not to be expected , as in their travailes , and journeyings , yet the staff and the scrip are interdicted the apostles , mat. . . and under those two phrases , the quaero vestra , the making any gain by the gospel , the staff in that place was according to the custome of the jewes , baculus paupertatis , the staff of poverty , which jacob intimates , when he saith , with my staff i went over jordan , i.e. in another phrase , a poor syrian ready to perish , particularly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the sign of a mendicant , ( which the germans call at this day , baetell stab , from the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , this begging or craving staff ) and this , with the scrip , was forbidden the apostles in s. matthew , though in markes relation , another kind of staff , the staff for travaile be permitted them ; to shew gods absolute dislike of the quaero vestra ] in apostles , even before any certain provision was made for their maintenance , god , that feeds the young ravens , sustains the destitute ( and beleeve it , his exchequer is no contemptible banke , his table in the wilderness is served with quailes and manna ) undertaking to provide for them sufficiently by some other means ; and since by that same providence the church is now indowed again in most parts of christendome , and gods severe denunciations against sacrilege set as an hedge of thornes about levi's portion , sure to prick , and fester , and rankle in his flesh , that shall dare to breake in upon it , what is this but still a continued expression of gods dislike of the quaero vestra , who hath therefore made over his own portion on us , that therewith we might be contented , and provided for , without the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , v. . without letting loose our hands , or our appetites on other mens possessions ? you see then , by the way , the error of those , that from this practice of the apostle are ready to prescribe us absolute poverty , that will have all the lawfull proper revenues of the church prohibited , under the vestra , and then claiming of tithes or any other ecclesiastick indowment shall get under that style , and the apostles non quaero ] urged for a president against us ; with how little law , or logick you will perceive , when you remember , that the tith , or what else is consecrated , is by the very lawes of this kingdome ( to derive the pedegree no farther ) as much the ministers own , held by the same tenure of donation first , then of parliamentary confirmation , that any mans inheritance descends unto him , and therefore to demand them , is no more a quaero vestra , than to demand a rent of a tenant , in a word , a direct mea , not vestra , a right , and not a gratuity . nay the learned jewes have gone farther ( r. bechai on deut. . ) that if the tith be not paid , the whole heap becomes gods portion , and cite it as a speech of gods , that if thou pay the tithe it is thy corn , if not , it is gods corn , and therefore , saith he , it is said , hos . . . therefore i will return and take away my corn in the time thereof , and my wine in the season thereof ; like that land that is held in capite , with a rent reserved , the non-payment of the rent , or homage , is the forfeiting of the tenure . but i desire not to follow this jew in his meditation , but rather to come home to our selves , and not onely to interdict our selves , the quaero vestra , but even regulate us in the quaero nostra , purge out of this assembly whatever may savour of the jew , all griping , or rigor , or sowreness , or summum jus , even in the quaero nostra , seeking that that is our own . to this purpose in the first place not to seek all that is our own ; though 't were not a fault in the lay-pharisee , mat. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to pay tithe of cumin , and the smallest herbe , yet perhaps it may be in the priest to require it ; a fault not of injustice , or the quaero vestra , but of sordidness , and meaneness in the quaero mea : aristotle i am sure would condemne it under that style of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , too much pooreness and tenuity of mind , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , though not in desiring other mens , the quaero vestra in the text , yet in want , or defect of that liberality , ingenuity , that is required of the moral man , which he there specifies by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , exactness even to the partition of a cumin seed , a fault , if observable in a heathen , then sure censurable in a christian , and in a minister vile , and scandalous . when this is resolved against in the first place , as illiberal , degenerous and beggerly , contrary to that generosity , and superiority of mind , that our profession should be thought to infuse into us . the next thing i must require of you in the quaero mea , is a general unconcernedness in the things of this world , using the world as if we used it not , possessing the wealth we have , but not being possess'd by it ( for then it turns our devil or familiar ) as able to part with it at gods call , as to receive it at his gift , powring it out upon every his intimation , seeking , and projecting for advantages to be the better for this false mammon , by being rich in good works , and when we see it a parting from us of its own accord , taking a cheerful unconcerned leave of it , retaining so much of the sceptick , as the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 amounts to , an untroubledness with these inferior events , and of the stoick , or wise man in antoninus , as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to act no passionate , lugubrious , tragical part , whatever secular provocation cross us on the stage . then dly , an entire contentedness with our lot , that duty of the last commandment , which is absolutely required to the non quaero vestra , or as our apostle interprets himself , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not , as we render it , not making a gain , but not desiring , coveting any thing that is anothers . to this purpose excellently epictetus of old , that he that tasts , and carves to himself of those dishes onely , that are set before him , reaches not after those that are out of his distance , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is fit for a guest at gods table , which you may make , if you please , a periphrasis of a minister ; did i not fear that this were a duty of too great perfection for some of my auditors , an unusquisque non potest capere , every one cannot receive it , i should go on with that divine philosopher , that he that abstains from that which is set before him , contemnes that riches , that comes knocking at his dore , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is not onely a guest at his board , but a companion in his throne , and that is the pitch , that i would commend unto you , if i might hope , you would indeavour after it . but then thly , and lastly , the minimum quod sic , ( that that i must not leave you till you have promised me , wrastle till break of day , except you will thus bless me ) the lowest degree , that can be reconcileable or competible with an apostle , is the not suffering your quaero vestra , your hope , or designe , of secular advantages , gaining of gratuities , gaining of applause , to have any the least influence on your preaching , to intermixe never so little in your seeking of souls ; this is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , dashing , or imbasing the word of god , corrupting it with our unworthy mixtures , making it instrumental to our gain , or popularity , the meanest office , the vilest submission in the world . i remember a note of procopius on kings , that elisha sending his servant to cure the shunamites child , forbids him to pass any complement with any by the way ; i had thought it had been for speed , but he saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he knew his popular humour , and that popularity hinders working of miracles ; and then by the same reason we may conclude , that that must needs enervate the word of god , and make it hartless and liveless in our hands , and the minister that is given to it , will hardly ever work wonders in the curing , or recovering of souls . but that servant you know had another fault , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , desire of money is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the mother-city whence all wickedness comes forth , said bion of old , and timon puts them both together , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , insatiate love of wealth and honour are the elements of evill ; and 't is strange to see how truely those wise men were called vates , what prophets they were , what direct satyres those words of theirs are against the times we live in ; our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , covetousnes● and popularity , are the elements of all the ruine , the seeds of all the desolation that is threatned against this church , some of us by the notorious scandalous guilt of those two crimes , tempting rash , uncharitable spectators to resolve that those sins are the formalis ratio of a clergy man , accidents of the essence , and inseparable from the order ( and 't is not the illogicalness of the inference , that will excuse them , that have joyned with satan in temptation to make that conclusion , nor deliver us from the destruction that followes it . others of us on the contrary side , but from the same principles , decrying all due either of maintenance , or respect to the clergy , devesting themselves of all , but contempt and drudgery , hoping ( we have just reason to suspect ) by flying both to be courted by them both , to have them more sure at the rebound , than they can at the fall , to run from them here most violently , that they may have them alone to themselves when they meet at the antipodes . what imprudent bargaines such men are likely to make , if they should be taken at their words ; what skittish things popular benevolence , and popular applause have been alwaies found to be , experience hath taught others . i desire even they that make that choice may never pay so deer for that knowledge ; but whatever the error prove in the transitory commodities of this world , it matters little , for wealth and honour are , sure , things , that we may go to heaven without , and so , for as much as concerns our individuals , are not necessary to us , as christians ; yet can i not assure you , but that they are necessary to us in some degree as ministers , wealth in a competence to rescue us from contempt ; and respect , at least so far , as a nequis te despiciat , let no man despise thee , to keep us from being utterly unprofitable ; some revenue of our own , to keep us from the quaero vestra , and some authority of our own , to inable us for the quaero vos , somewhat of either from the character of our office , that we be not tempted to seek either by unlawful means to purchase the vestra , by the sale of vos , to acquire the favour of our auditors by the exposing of their souls . think but how probable a fear this may be , when things come to such a complication , that he that hath a sin to be preach'd against , hath a benevolence to be preach'd for ; he that hath a wound to be cured , is able to be thankful , if he may be kindly used , yea , and to mulct the chirurgion , if he be too rough , when he that hath somewhat to mend , hath also somewhat to give , a commutation to escape his penance , whether this may not prove a temptation to him that hath no other livelyhood to depend on , and consequently whether rankling and gangrening , may not be look'd for , as an ordinary title in our weekly bills , when the skinning of wounds is become the gainful craft , and compliance and popularity the great diana , that trade by which men have their wealth . but perhaps the most of this is an extravagance , i wish and pray it may prove an unnecessary one . there is yet one branch of the application behind ; the end why s. paul delivered this text of mine , that i told you was the vindicating his ministery from contempt , the gaining some authority with the corinthians ; and let that be our method also , to come to that end by the non vestra sed vos , not to acquire that thin blast of aire , that camelions are wont to feed on , but that solid substantial estimation , that dwells onely in the account of god and the hearts of true corinthians ; that that may disperse those fumes of prejudices , that satan is wont to blast the minister with , when any saving effect is to be wrought by his ministery , that unblemish'd reputation here , that when it is to be had , is a pretious blessing , very instrumental to the edifying of others , and is a kind of coronet here in this life , preparatory to that crown hereafter ; and sure there is no work of ours , that we can justly hope god will think fit to reward with such a crown , but the sincere labouring in the word and doctrine , filling our souls with the earnest desire of saving others , espousing it as the sole felicity of our lives , the one promotion that we aspire to , to people heaven with saints , to send whole colonies of inhabitants thither . 't was the excellence and pride of the antient jews , yea , and the craft peculiar to them , saith josephus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , getting of children , propagating miraculously , and the barren was the most infamous person among them , behold i go childless , the saddest lamentation , and give me children or else i dy , and take away our reproach , most pathetical scripture expressions ; yea , and among the romans the jus trium liberorum , the right of three children , you know , what a prerogative it was : this is our trade , my brethren , to beget children to heaven , and according to the law of the goel in deut. now our elder brother ( christ ) is dead , we are the men , who by right of propinquity are obliged to raise up seed to our elder brother . o let it not be our reproach to go thus childless to our graves , at least our guilt , and just accusation to bereave our saviour of that seed he expects from us , you know what a sinne it was to repine at that duty ; let not us be wanting to christ in this so charitable a service , charitable to christ , that his blood may not have been shed in vain , charitable to others , whom we may by gods blessing convert unto righteousness , and the charity will at last devolve on our selves , who by this means shall shine as the brightness of the firmament , and as the starres for ever and ever . the poor mans tithing , a sermon preached in s t pauls church before the lord maior ▪ and aldermen of the city of london on the th of april , anno dom. . by h. hammond , d. d. london , printed for r. royston at the angel in ivy-lane . the poor mans tithing . deut. . , . when thou hast made an end of tithing all the tithes of thine encrease the third year — then thou shalt say before the lord thy god — that the first sound of this text may not possesse you with an expectation of a vicars plea , a discourse of tithes , and querulous invective against sacrilege ; and consequently by this prejudice , your eares and hearts be fortified impenetrable and impregnable against the speaker , and the sermon ; that i may reconcile the choise of this text with the imploring and hoping for your patience , i shall immediately deliver you from your fears , by assuring you , that the main of this text is ( and the total of my discourse shall be ) bent quite toward another coast , that which in the sincerity of my heart , i conceive may best comply with your designes , either as christians , or as men , most tend to your serving of christ , and enriching of your selves , with the increase of your wealth here , and glory hereafter . and when i have told you this , i can not choose but say , that i am your friend , and for that may claime not as an act of favour , but justice , the payment of this debt , the return of your patience in receiving , and care in practising what shall be delivered . there was a double tithing among the jews , the every years tithing , and the third years tithing ; the every years tithing you know whose patrimonie it was ; but after that was set apart ( and presented unto the owners ) every third year there was another to be raised , over and above , for the stranger , the fatherless , and the widow , as you may see it enacted , c. . v. . this was called by the rabbines the second tithing , and in another respect the third by some of them , ( the tithe for feasts , deut. . . going for the second , and the tithe of the tithes , which the levites paid the high priest , going for the fourth , in that account ) but most significantly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the tithe for the poor , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in josephus the poor mans tithing , or in the words of this text , the compleveris decimare anno tertio , the making an end of tithing the third year ; till this were done , there wanted a compleveris , what ever other dues were paid , the work was incomplete , and upon the performance of that , here is a stock of confidence toward god for him , that hath done it , a right invested on him to all the abundance of canaan , v. . a justifiable pretension to all temporal blessings , which he may depend on , and challenge at gods hand , 't were but a cold expression to say , he might expect by petition , i will adde , he may require by claime , and produce his patent for it here in my text , cùm compleveris , &c. when thou hast made an end , &c. this text i have upon advice resolved not to divide into parts , but my discourse upon it i shall , by setting it these bounds , and limits ; . that it present unto you the duty of almes-giving , by occasion of these words , cùm compleveris decimare anno tertio , when thou hast made an end of tithing — the third year . . the benefit arising from the performance of this duty , from the rest , dicas coram domino , then thou shalt or mayest say , i.e. hast right and power to say , before the lord thy god. in our progress through the first of these , we shall observe these gesses ; . we shall begin with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , consider almes-giving simply , deducing the practice of the jewes down to us christians , and so in a manner give you the history of almes-giving . . we shall look into the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , what portion ought to issue out of every mans revenues , taking our rise from the practice of the jewes , a tithe of all increase every third year . . we shall proceed to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , consider it as a duty , and then we shall have done with the first general . in the second general we shall shew you , . in thesi , that confidence or claiming any thing at gods hands , must take its rise from duty in performance , then thou mayest say ; then , but not before . . in hypothesi , shew you the connexion between this confidence and this performance , claiming of temporal plenty , upon giving of almes . these are the several posts and stages of my future discourse , the monogramme drawn in cole , as it were , wherein you may discern the lines and lineaments of the whole body ; i must now descend to the filling them up , and giving you them a little more to the life , taking them in the order proposed , very loosely , and very plainly , making provision for your hearts , not your eares , for your future gain and not your present sensuality , and begin with the first general , and in that , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or almes-giving simply considered , deducing the practice of the jewes down to us christians , and so give you in a manner the history of almes-giving . though we assert not an equality of worldly riches from any decree either of god or nature , find not any statute of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , any law of community in any but plato's institutions , and those never reduced to practice in any one city in the world ( attempted once by plotinus , through his favour with gallienus , who promised to reside in his platonopolis , but soon altered his purpose again , as porphyrie tells us ) yet i may suppose it for a granted maxime , that the extreme inequality , that is now so illustriously visible in the world , is not any act of natures primary intention , or gods first and general providence ; aristotle may tell us of some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , some that nature hath bored through the ear to be slaves for ever , and we may beleeve him , if we can find any ground for it , but of any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 colonies of men , sent into the world without any claim or right to any part of the worlds goods , he hath not left us any thing upon record . nor hath the book of creation in the scripture , the beresith , or natural philosophie of the bible given us any hint for such a resolution , that some should be born to riot , and others to famish , some to be glutted , and others to starve , that mankind should be thus dichotomized into such extreme distant fates , some to reign in paradise for ever , others to be thrown over the wall , as out of the adamites stove , to pine and freeze among thornes and briers . this were an absolute decree of election and reprobation , improved farther than predestinarians have ordinarily extended it . as we are wont to say of sinne , that 't is not to be found in gods hexameron , no fruit of his six dayes labour , but a production of a later date , ingendred betwixt the serpent and the woman , that incubus and succuba , the devil and the lower soul ; so may we say of extreme want and poverty , that its nativity is of the land of canaan , its father an amorite , and its mother an hittite : satan and covetousness brought it into the world , and then god finding it there ( whose glorious attribute it is to extract good out of evil ) as he did once a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 out of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , redemption of mankind out of the fall of adam , and so made the devil an instrument of bringing the messias into the world ; so hath he in like manner by his particular providence ordered and continued this effect of some mens covetousness , to become matter of others bounty , exercise of that one piece of mans divinity , as pythagoras called liberality , and so ex his lapidibus , out of these stones , out of the extreme want , and necessity of our brethren , to raise trophees and monuments of virtue to us , of charity , liberality , and magnificence , of mercy , and bowels of compassion , that most beautiful composition of graces , that most heroical renouned habit of the soul . so that now we may define it an act of gods infinite goodness to permit , though before we could not allow it reconcileable with his infinite justice , to decree the extreme inequality of earthly portions , the poor man gasping for food , that the rich may have a store-house or magazine , where to lay up his treasures ; the careful labourer , full of children , suffered to wrestle with two extremities at once ; hunger on the one side ; and natural compassion to the helpless creatures he hath begotten , on the other ; that thou by thy wealth mayest be that elijah sent from heaven to the famishing forlorn widow , that godlike man drop'd out of the clouds to his relief , and by the omnipotent reviving power of thy charity , usurp that attribute of gods given him by the psalmist , that feeds the young ravens , exposed by the old ones , sustain that destitute sort of creatures , that call upon thee . admirable therefore was that contrivance of gods mercy and wisdome , mentioned to the jewes , not as a threatning , but a promise of grace , one of the privileges , and blessings of canaan , the poor shall never cease out of the land , deut. . . that thou mayest alwaies have somewhat to do with thy wealth , some sluce to exhaust thy plenty , some hungry leech , to open a vein , and prevent the accesse of thy feaver , and withall , that thy wealth may ennoble thee , as xenocrates told his benefactors children , that he had abundantly requited their father , for all men spake well of him for his liberality to xenocrates , or as benefactors among the heathen were adored and deified , that thus thy faithless , fading falsehearted riches ( which the evangelist therefore styles mammon of unrighteousnes , onely as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is opposed to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to true durable wealth ) may yeeld thee more profit by the profusion , than by the possession ( as silver doth by melting , than by continuing in the wedge or bullion , according to that of * clemens , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the rich is he that distributes , not he which hath and possesseth ; and * lactantius , divites sunt non qui divitias habent , sed qui utuntur illis ad opera justitiae , the rich are they , not which have riches , but use them to workes of righteousness ) purchase thee by being thus providently laid out , a revenue of renown here , and glory hereafter . you see then the pedegree and genealogie of almes-giving , how it came into the world ; covetousness and oppression and rapine , brought in emptiness , and beggery , and want , then gods providence and goodness , finding it in the world , resolves to continue it there , to imply the treasures , and exercise the charity of others . now for the practice of the world in this great affair , we cannot begin our survey more properly , than from the text , there to behold gods opinion , or judgement , in this point , by the rules he hath given to be observed in this city of god , his own people of the jews , whilest they were managed by god himself . the priesthood was the peculiar lot of god , and therefore may well be allowed the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , feeding first at gods feast ; and the poor next after them were taken care of by god himself , lazarus , as it were , in aarons , as once in abrahams bosome , next to the priest in the temple as to the patriarch in heaven ; a tithing for the priest , and when this was done , every third year , a tithing for the poor : the withholding of the former was sacrilege , and of the latter , furtum interpretativum , say the schooles , interpretative theft , and the casuists to the same purpose , that though our goods be our own , jure proprietatis , by right of propriety , yet they are other mens , jure charitatis , by right of charity ; the rich mans barne is the poor mans granary , nay murther too as we may conclude from the words of the wise man , the poor mans bread is his life ( and that is sometimes thy dole , on which his life depends ) and then , as there it followes , he that deprives him of it ( so doth the unmerciful , as well as the theef ) is a murtherer . nay farther , that murther one of the deepest dye , a fratricidium , like cains of abel his brother , and therefore as that is a clamans de terra , crying for judgement from the ground , so hath this a clamet ad deum contra te , cry to god against thee , deut. . . i will adde , at least so long as the state of the jews lasted , it was sacrilege too . shall we proceed then , and ask , when the state of the jewes expired , did almes-giving expire with it ? was charity abrogated with sacrifice ? turned out of the world for an antiquated , abolish'd rite , for a piece of judaisme ? the practice of some christians would perswade men so , that the sword that christ brought into the world , had wounded charity to the heart , that he had left no such custome behind him to the churches of god , that christianity had clutch'd mens hands , and frozen their hearts into an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as arrian calls it , inverted that miracle of christs , returned the children of abraham into stones . physitians tell us of a disease converting the womb into a firme stone , and the story in crollius of a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a child of a perfect stony substance , is asserted by many others . now the unhappiness of it is , that the hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that signifies a womb , by a little varying of the punctation , signifies mercy also , and bowels or compassion , whereupon hos . . . the septuagint instead of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 have put 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , instead of mercy , a womb ; and alas the same disease hath fallen upon the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in that other sense , the bowels of mercy in many christians are petrified , transubstantiate into stones , pure mine and quarrey , and so we ministers , damnati ad metalla ( that old romane punishment ) condemned to digge in those mines , and by all the daily pains of preaching and exhortation , able to bring forth nothing but such 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , stones instead of bread . but i hope , my brethren , the practice of those some shall not be accepted as authentick evidence against christ , to defame and dishonour our most glorious profession , whose very style is [ brethren ] whose livery [ charity ] and character that they love one another . i know not how unmerciful and hardhearted the christian world is now grown in its declination , as covetousness is generally the vice of old age , i am sure , 't was open-handed enough , in its youth , witness that most antient primitive apostolical institution of the offertory in the sacrament , that which was so considerable a part of that holy rite , that it gave denomination to the whole , the eucharist styled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 communion , distinctly from this custome of bringing every man out of his store , and communicating to the necessities of the saints , as it is cor. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the communion , or fellowship as we render it , more fully the communicativeness , or liberality of administring to the saints , and is therefore by us rendred liberality , cor. . . many excellent observations might be presented to you on this occasion , necessary for the understanding many places in s. paul , especially of c. . of cor. but you will easily forgive me the sparing this pains , in this place ; let it suffice that we find in that chapter , that at those holy meetings there was alwaies a table furnish'd out of the bounty of communicants , for a common feast unto all the faithful ; the rich might have leave to bring more than his poorer brother , but not to take place by that bounty , not to pretend any propriety to what he had brought , which is the meaning of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 every man his own supper , and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , taking precedence of others in eating , the rich to eat all , and the poor none , one to be hungry , and the other drunken , the fault which he there found with the corinthians ; nor did the custome of liberality , annex'd to the sacrament in those dayes , expire or vanish with the apostles ; the practice rather increased , than abated among their successors ; witness that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or oblation , first of all the fruits of the season , as an offering of first-fruits ; afterwards onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of bread and wine mingled with water , which the brethren or faithful , i.e. in the antient style , the communicants are said to bring , and present at the altar or table of the lord , for the furnishing of the table with part , and refreshing the poor with what was left . these are the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 oblations in the * constitutions , at least one sort of them , one being for the priest , the other for the poor , and again , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the doing good to them that want , the very word in s. paul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to do good and communicate , heb. . . and * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , voluntary oblations for the poor ; these are contained under his general head of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , bringing of fruits , of which he hath a * chapter , and * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the lords offerings , and * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , almes , and other where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , voluntary gifts distributed to the poor ; and observable it is from those , and other antient constitutions , that 't was a punishment for some men , used in the church , not to receive them to the offertory , who yet were not so great malefactors , as to be kept from some other privileges of christians ; this was called , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , communicating without the offertory , frequently in the ancyrane and nicene councils ; and therefore epiphanius having mentioned the faults , for which offenders were excommunicated , as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , fornication , adultery , &c. he addes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the church receives not offerings from the injurious , &c. but from just livers , noting that all but the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , those that live justly were interdicted the privilege of offering or giving to the corban . thus in clemens was not the oblation received from the unjust publican who exacted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , above what was appointed , and so for executioners , whose oblation being the price of blood was not suffered to come into the corban , no more than the thirty pieces of silver , that judas took to betray christ , mat. . . an excellent consideration for us to meditate on , that the being excluded from the offertory , being denied the privilege of giving almes or being bountiful to the poor , went for a very great punishment ; and so sure the duty , a special part of piety and publick service of god. and therefore the custome being either neglected , or intermitted at constantinople , s. chrysostome took care for the restoring it again , and thereupon made that excellent oration upon that subject , where from antiquity he proves the use of the offertory on the lords day , and mentions the corban , or treasury , where 't was wont to be put . i have been the more large on this particular , because it hath in all ages been accounted a prime piece of christianity , ( a special part of divine worship , saith aquinas ) the observation of which is yet , thanks be to god , alive among us , especially if that be true , which pamelius cites out of honorius , that instead of the antient oblation of bread and wine , the offering of money was by consent received into the church , in memory of the pence in judas sale . onely 't were well , if we were a little more alacrious , and exact in the performance of the duty , and more care taken in the distribution , especially that that notorious abuse of this most christian custome , which they say ( i hope unjustly ) some part of this city is guilty of , in converting this inheritance of the poor into a feast of entertainment for the officers of the church , may be branded , and banish'd out of kenn . it is yet but a sin , which like some in aristotle , hath never a name , had never yet the honor to be forbidden , if it should chance to live to that age , thrive and prove fit for an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the imposition of a name , let me have the favour to christen it , a newfound sacriledge , a most inhumane at once , and unchristian profanation ; and if you want an embleme for it , that antient piece of nathans designing will serve the turn , the rich man feasting on the poor mans ewe lamb , his luxury maintained by the others blood . 't were an admirable work of ecclesiastick discipline , some way or other to bring the corban in such favour with us , that it might prove a banke or storehouse in every parish , able to supply the wants of all ; but much better , if we would fall in love with it our selves , as a way of binding up both the tables of the law into one volume , of ministring both to god and man , by this one mixt act of charity and piety , of mercy and of sacrifice , and so , in the wise mans phrase , to lay up our riches in gods storehouse , without a metaphore . but if it please you not , that any body ( though in the resolution it be christ himself ) should have the disposal of your almes , as charity now adaies is a pettish wearish thing , ready to startle , and pick a quarrel with any thing that comes to meddle with it , then shall i not pursue this design any farther . so thou art really , and sincerely affected to the setting out of the third years tithing , thou shalt have my leave to be thine own almoner , have the choice of the particular way of disposing , and ordering it thy self . and yet three things there are , that i cannot choose but be so pragmatical , as to interpose in this business ; . for the quando , when , this tithe should be set out ; let it not be deferred , till the will be a making , till death forces it out of our hands , and makes it a non dat sed projicit , onely a casting over the lading , when the ship is ready to sink , nor yet till our coffers be ready to run over , till a full , abundant provision be made for all that belong to us , for that is to feed the poor , like the dogges , onely with the orts of the childrens table ; but as other tithes are paid , just as the increase comes in , presently after the whole field is reap'd , so must the poor mans tithing also ; set out , i say , then , dedicated to that use that we may have it by us at hand , told out ready , when the owner calls for it . 't was a thing that antoninus recounts as matter of special joy , and that which he numbers amongst the felicities , for which he was beholden to the gods , that he was never ask'd of any , that he thought fit to give to , that he was answered by his almoner , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that there was not store at hand to performe his will. a most joyous , comfortable thing , in that heathen emperors opinion , and yet that , that will hardly be attained to , unless we take some such course , as this , mentioned in terminis by s. paul , cor. . . vpon the first day of the week let every one of you lay by him in store as god hath prospered him , that there be no gathering when i come ; a weekly provision laid in , and ready in numerato for this purpose , that you be never surprised on a sudden , and so disabled to performe this duty . . for the quibus , i would answer to all , whom christ hath made our neighbours and brethren , and i know not any that are excluded from this title . but you would then think i were set to sollicite against the lawes of this realme , and plead the cause of the idle wandering begger , that most savage , barbarous , unchristian trade among us , set , a man would think , in the streets by the devil , on purpose to pose , and tire , and non-plus mens charity , to dishearten , and weary them out of this christian duty . no , we have a countermand from the apostle against these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , disorderly walkers , thess . . . that if any would not labour , neither should he eate , v. . the best almes for them , the seasonablest provision , and charity to such , is the careful execution of lawes upon them , to set them every one single in an orbe to move in , by that means perhaps to teach them the skill in time to be almes-givers themselves , at least to become fit to be receivers ; for such , of all others , is the fixt , stationary , diligent , labouring poor man , whose motion is like that of the trembling sphere , not able to advance any considerable matter in a whole age , be they never so restless , whose hands , with all their diligence , cannot give content to the mouth , or yeeld any thing but stones many times , to the poor child that calls for bread . all that i shall interpose for the quibus , shall be this , that seeing a doe good to all , is now sent into the world by christ , and that but little restrained in any christian kingdome , by an especially to the houshold of saints , ( all christians being such ) and seeing again , no man hath hands , or store to feed every mouth , that gapes in a kingdome , or particularly in this populous city , we may do well to take that course that we use in composing other difficulties , referatur ad sort●m , let the lot decide the main of the controversie , and reserving somewhat for the publick , somewhat for the stranger , somewhat for common calamities , somewhat as 't were for the universal motion of the whole body , somewhat for excentrickes and epicycles , let the place , whereon our lot hath cast us , be the principal orbe for our charity to move in , the special dioecess for our visitation . and when that is done , and yet , as 't is in the parable , there be still room , store left for others also , then to inlarge , as far as we can , round about us , as motion beginning at the center diffuses it self uniformely , sends out its influence and shakes every part to the circumference ; and happy that man , who hath the longest arme , whose charity can thus reach farthest . the third thing is that that my text obliges me to , the how much out of every mans revenues may go for the poor mans due , which brings me to the second particular , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here mentioned in these words [ tithing all the tithes of thy increase the third year . ] that there was a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 defin'd by god to the jewes charity , a proportion for every man , not which they might not exceed ( for there were other waies of vent for their charity mentioned , beside this ) but which no man was to go under , is manifest by the text , and c. . of this book ; the proportion you see a tithe , or tenth part of all the increase , not yearly , but onely every third year , to raise a banke , as it were , for the maintenance of the poor , till that year came about again . this if we would dissolve into a yearly rate , and so discern the jewish 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 more perfectly , it is equivalent to a thirtieth part every year ; the jew whose yearly revenue amounted to thirty shekels , was every third year to pay three of them to the use of the poor , that is in effect one for every year , the triennial tenth being all one with an annual thirtieth : the account is clear , and no man but hath arithmetick enough to conclude , that a thirtieth part is the third part of a tenth , and so a tenth every third year , is all one with a thirtieth every year . i shall insist on this no farther , than to tell you that gods judgement in this affaire is worth observing , that almes-giving or mercifulness being a dictate of nature , but that like other such lawes , given onely in general termes , for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but not so as to descend to particular cases ; it pleased god to his people the jews , to express his judgement at that time , in that state , for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , how much was by law to be laid aside for that use out of every ones increase . now if i should press this practice of the jewes as matter of obligation , or prescription to christians , that you are not in conscience to do less , than the jewes were bound to do , every man to set apart a thirtieth of his yearly revenue , or increase , for the use of the poor brethren . i know not how you would take it ; many would startle at the newes of the doctrine , many more when they came to the practice of it , many quarrels you would have against it ; he that were merciful already , would think his gift would become a debt , his bounty duty , and so he wrongd and robd of the renown of his charity , by this doctrine ; and the covetous , that were not inclined to giving at all , would complain that this were a new kind of ghostly stealth , a way of robbing him out of the pulpit , of burthening his conscience , and lightning his bagges , and both joyne in the indictment of it for a judaical , antiquated doctrine , that hath nothing to do with christians . and therefore to do no more , than i shall justifie from the principles of the gospel ; i shall confess unto you , that this precept , as it was given to the jewes , is not obliging unto christians , and therefore i have not yet told you it was , but onely gave you to consider , what gods judgement was for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to his own people . onely by way of application to our selves , give me leave to adde these four things , which i shall deliver in as many propositions ; . that mercifulness or charity or giving almes is no part of the ceremonial law , which is properly judaisme , but of the eternal law of reason and nature , part of the oath or sacrament , that is given us , when the fiat homo is first pronounced to us , a ray of gods mercifulness infused into us with our humane nature ; in a word , that mercifulness is all one with humanity , a precept of the nature , the god , the soul we carry about with us . . that being so , it comes within the compass of those laws , that christ came 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not to destroy but to fulfil , i.e. as the fathers before s. augustine , generally interpreted it , to improve it , set it higher , than it was before , require more of christians , than ever was exacted of the jews or heathens by the law of moses or of nature . thus * irenaeus , mentioning christs improvement of the law , pro eo quod est , non moechaberis nec concupiscere praecepit , for , thou shalt not commit adultery , thou shalt not look to lust , he addes , pro eo quod est decumare , omnia quae sunt pauperibus dividere , instead of tithing ( this third years tithing ) thou shalt divide all thou hast to the poor , give them some plentiful part of it . and this saith he , an act of christ , non solventis , sed adimplentis , extendentis , dilatantis legem , not loosing , but filling up , extending , dilating the law. and * s. hierome , on cor. . . avoiding this that no man should blame us — explains it thus , lest any should say , how did christ fill up or fulfil the law , cùm videamus christianos non tantam eleemosynam facere quantam fieri in lege praeceptum est , when we see christians not give so much almes , as was by the law of moses prescribed to be given . dly . that there were among the jewes two sorts of mercifulness , the first called literally righteousness , and by the septuagint , when it belongs to workes of mercy , is rendred sometimes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 righteousness , sometimes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mercy , and this is that mercifulness that moses's law required of the jewes , and so was part of their righteousness , he was a breaker of the law , that did neglect it , and so opera justitiae in lactantius , the works of righteousness , meaning works of charity , by that phrase . the second was mercy , i.e. an higher degree of charity , rather benignity , mercifulness , being full of good works and this was more than their law exacted , and therefore was styled goodness , as that was more than righteousness . thly . that by force of the second proposition , and by the tenure of evangelical perfection , that christ commended to his disciples , this highest degree of mercifulness among the jewes is now the christians task , and that , to him that will be perfect , yet in an higher degree , not onely that degree , which the law required of the jew , a little raised , and improved by us , for that will be but the christians righteousness , but even the benignity of the jews , abundance of mercy , improved and inlarged by us also . and from these premises if i may in the name of god take boldness to inferre my conclusion , it can be no other than this ; that the proportion to be observed by the christian almes-giver , to speak at the least ; must be more in any reason than the thirtieth part of his revenue or increase ; the thirtieth is but equivalent to the third years tithing of the jews , which was their righteousness , that which they were bound to do by the law , the pharisee , did as much , and christ tells us , that except our righteousness , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the very word that signifies the legal almes-giving many times in the bible , and who knowes but it may do so here , of this there is no doubt , but it belongs to charity , or duty toward men in its latitude , of which almes-giving is one most speciall part , and except our righteousness exceed the righteousness of the scribes and pharisees we shall in no wise enter into the kingdome of heaven , the text , on which that heavenly gospel-sermon was preach'd upon the mount. if we have any design toward evangelical perfection , toward the christian pitch , the abundance of goodness and mercifulness , as that is improved by christianity , than this third years tithing will prove but a beggerly , thin proportion , that , that a jew , if he were a religious one , would have been ashamed of . but be our aimes never so moderate , if a door-keepers place will serve our turn , to be one of the nethinim , of the meanest rank in the kingdome of heaven , yet still we must exceed that proportion of the jewes righteousness , their third years tithe , that they were bound to , or else we are strangely mistaken in christianity . i am unwilling to descend to the arraigning , or indicting , or so much as examining any man here , for the omissions of his former life in this kind ; my humble lowlyest request is , that you will do it your selves , and if either through ignorance you have not reckoned of it as a duty , or through desire to thrive in the world , you have omitted to practise it heretofore , you will now at last at this instance , take it into your consideration , and remember that there is such a thing , as charity , ( a pale , wan , despised creature ) commended to christians by christ , not to suffer it any longer to go for one of those magicians serpents , which faith like moses's rod is appointed to devour , if it do , know this that that rod is the verier serpent of the two ; and for the quickning that resolution in you , i shall proceed unto the third particular , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to consider it as a duty , and so to make an end of my first general . in this slothful , but confident age of the world , 't were admirably worth ones pains , to instruct men , what duty is , now under the gospel , what the very word signifies in a christian nomenclature . there are so many descants of fantastical brains on that plain song of the apostles , we are not under the law , but under grace ] that 't is scarce agreed on among christians , what 't is to be a christian , nothing more unresolved , than what 't is , that 's now required under the second covenant , as necessary to salvation . one thinks that the beleeving all fundamentals is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the onely qualification for a christian , and what hath duty to do with that ? another makes the gospel consist all of promises of what shall be wrought in us , and on us by christ , and so gives an absolute supersedeas for duty , as a legal out-dated thing , that is utterly antiquated by grace . another contents himself with purposes and resolutions , thin , aery inclinations to duty , and is utterly indifferent for any performance , doubts not bat to pass for a christian , as regenerate as s. paul , when he wrote , c. . to the romans , though he never do the good that he resolves , live and dy carnal and captived and sold under sin . a fourth dissolves all to a new found faith ; a ful perswasion , an absolute assurance , that he is one of gods elect , is abundantly sufficient to estate himself in that number , a piece of magick , or conjuring , that will help any man to heaven , that will but phansy it , enroll their names in the book of life , in those sacred eternal diptyckes , by dreaming onely that they are there already . others there are , that seem kinder unto duty , are content to allow christ some return of performances for all his sufferings , yet you see in the gospel , 't is in one but the patience of hearing him preach , a [ lord thou hast taught in our streets ] we have heard so many sermons , passes for a sufficient pretension to heaven , in another , the communicating at his table , [ we have eat and drank in thy presence ] a sufficient viaticum for that long journey , a charme , or amulet against fear or danger ; in a third , the diligence of a bended knee , or solemne look of formal-outside-worship , must be taken in commutation for all other duty , and all this while religion is brought up in the gentlemans trade , good cloths and idleness , or of the lilies of the field , vestiri & non laborare , to be clothed and not labour ; duty is too mechanical a thing , the shop or the plough , the work of faith , or labour of love are things too vile , too sordid for them to stoop to ; heaven will be had without such sollicitors . shall i instance in one particular more ? that satan may be sure that duty shall never rescue any prey out of his hands , one thing you may observe , that most men never come to treat with it , to look after , to consider any such thing , till indeed the time comes that no man worketh , till the tokens be out upon them , till the cry comes , that the bridegroome is ready to enter , that judgement is at the doore , and then there is such running about for oile , as if 't were for extreme unction , and that a sacrament to conferre all grace ex opere operato on him , that hath scarce life enough to discern , that he received it ; the soul sleeps in its tenement , as long as its lease lasteth , and when t is expired , then it rouseth , and makes as if 't would get to work , the christian thinks not of action , of duty , of good works , of any thing , whilest life and health lasteth , but then the summons of death wake him , and the prayers which he can repeat , while his clothes are putting off , shall charme him , like opium , for a quiet sleep . thus doth a death-bed repentance , a death-bed charity , a parting with sins and wealth , when we can hold them no longer , look as big in the calendars of saints , stand as solemnely and demurely in our diptyckes , as judgement and mercy and faith , that have born the heat and burthen of the day ; our hearts are hardened , while it is to day , against all the invasion of law or gospel , judgements or mercies , threats or promises , all christs methods and stratagems of grace , and just at the close of the evening , the shutting in of night , we give out that the thunderbolt hath converted us , the feaver came with its fiery chariot , and hurryed us up to heaven ; surdus & mutus testamentum facit , quite against justinians rule ; he that hath sent out most of his senses before him , and retains but the last glimmering of life , is allowed to make his will and reverse all former acts by that one final . satan hath all the man hath to give , under hand and seal , all his life time , the spring especially and verdure of his age , the children pass through the fire to moloch , and just as he is a dropping out of the world , he makes signes of cancelling that will , and by a dumb act of revocation , bequeaths his soul to god , and his executor must see it paid among other legacies , and all this passes for legal in the court , and none of the canons against the antient clinici can be heard against them ; the greatest wound to duty , that ever yet it met with among christians . thus do our vain phansies , and vainer hopes joyn to supplant duty and good works , and dismiss them out of the church , and if all or any of this be orthodox divinity ; then sure the duty of almes-giving will prove a suspected phrase , haeretici characteris , of an heretical stampe , and then i am fallen on a thankless argument , which yet i must not retract , or repent of , but in the name of god , and s. paul , in this way that these men call heresie , beseech and conjure you to worship the god of your fathers . for this purpose shall i make my address to you in daniels words , dan. . . break off your sins by righteousness and your iniquities by shewing mercy to the poor , righteousness and mercy , the two degrees of almes-giving , that i told you of ; i hope that will not be suspected , when he speaks it . shall i tell you what duty is , what is now required of a christian , and that in the prophet micha's phrase , mich. . . and now what doth the lord thy god require of thee but to do justice , and to love mercy , and to walk humbly with thy god , justice and mercy , the two degrees of almes-giving again , that i told you of , and i hope it will not prove offensive , when he speaks it . hall i tell you of a new religion , and yet that a pure one , and the same an old religion , and yet that an undefiled ( for so the beloved disciple calls this duty of charity , a new commandment , and an old commandment , joh. . ) it shall be in s. james his words , jam. . . pure religion and undefiled before god and the father is this , to visit the fatherless and widow in their affliction , and to keep himself unspotted from the world . shall i tell you in one word , that though heaven be given us freely , yet almes-giving is the consideration mentioned in the conveyance , that men are acknowledged the blessed of god , and called to heaven , upon the performance of this duty , that although it pretend not to any merit , either ex congruo , or condigno , yet 't is a duty most acceptable in the sight of god , that almes-giving is mentioned , when assurance is left out , charity crown'd , when confidence is rejected ? i love not to be either magisterial , or quarrelsome , but to speak the words of truth and sobriety , to learn , and if it be possible to have peace with all men ; onely give me leave to read you a few words , that s. matthew transcribed from the mouth of christ , mat. . . then shall the king say to them on his right hand ( who should the king be , but christ himself ? ) come ye blessed of my father , receive the kingdome prepared for you from the foundation of the world . for i was an hungred and ye gave me meat . tell me in the name of truth and peace , who now were they , for whom the kingdome was prepared from the foundation of the world ; who were there the objects of that great doomesday election , his venite benedicti ? if christ do not tell you , neither do i , the text is of age let it speak for it self ; for i was an hungred and ye gave me meat . if all this will justifie the doctrine , and make this text christian , perswade your judgements , that charity may be the queen of heaven ( maxima autem harum charitas , the greatest of these is charity ) without affront , or injury done to any other grace ; i hope it will be seasonable for your practice also , as it hath been for your meditation , become your hands as well as it doth now your eares . and to infuse some life , some alacriousness into you , for that purpose , i shall descend to the more sensitive , quickning , inlivening part of this text , the benefit arising from the performance of this duty , dicas coram domino , then thou shalt or mayest say before the lord thy god. and in that i promised you two things ; . to shew you in thesi , that confidence or claiming any thing at gods hands , must take its rise from duty in performance . . in hypothesi , to give you the connexion betwixt this confidence , and this performance , claiming of temporal plenty , upon giving of almes . . in thesi ; that confidence , or claiming any thing at gods hands must take its rise from duty in performance . if there be any doubt of the truth of this , i shall give you but one ground of proof , which i think will be demonstrative , and 't is that , that will easily be understood , i am sure , i hope , as easily consented to ; that all the promises of god , even of christ in the gospel , are conditional promises , not personal , for the law descends not to particular persons ( and in this the gospel is a law too , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the law of faith ) nor absolute , as that signifies irrespective or exclusive of qualifications or demeanure , for that is all one with personal , and if either of those were true , then should christ be what he renounces , a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an accepter of persons and individual entities , and so the mercies of heaven , belong to saul the persecuter , as truely as paul the apostle , saul the injurious , as paul the abundant labourer , saul the blasphemer , as paul the martyr : it remains then , that they be conditional promises , and so they are explicitely , for the most part , the condition named , and specified , cor. . . come out and be you separate , and touch not the unholy thing ; the condition you see set foremost in the indenture , and then , i will receive you — and therefore most logically inferres the apostle , in the next words the beginning of c. . having therefore these promises let us cleanse our selves from all filthyness of the flesh and spirit , perfecting holyness in the fear of god. had the promises been of any other sort , but the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , these i.e. conditional promises , the apostles illation of so much duty cleansing and perfecting , had been utterly unconclusive , if not impertinent . so rom. . . all things work together for good ; to whom ? to them that love god , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to them that are called according to purpose , the word [ called ] a noun in that place not a participle , noting a real , not onely intentional passion , those that are wrought upon by gods call , and are now in the catalogue of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the lovers of god , and that is the condition in the subject ; and then to them that are thus qualified , belongs that chain of mercies , predestination , vocation to a conformity with christ , justification , glorification , immediately ensuing . you see the proof of my ground by a taste or two . now what condition this is , that is thus prefix'd to gospel-promises , that is not obscure neither ; not absolute exact , never sinning , perfect obedience , that was the condition of the first covenant , made in paradise , when there was ability to performe it , but a condition proportioned to our state , sincerity in lieu of perfection , repentance in exchange for innocence , evangelical instead of legal righteousness , beleeving in the heart , i.e. cordial obedience to the whole law of christ , impartial without hypocrisie or indulgence in any known sin , persevering and constant without apostacy , or final defection , and at last humble , without boasting . if you will come yet neerer to a full sight of it , sometimes regeneration or new life is said to be the condition , except you be born again you can in no wise enter . neither circumcision nor uncircumcision , but a new creature . sometimes holyness , without which nemo deum , no man shall see the lord : sometimes repentance in gross , nay but except you repent ; sometimes in the retaile , repentance divided into its parts , he that confesseth and forsaketh shall have mercy ; sometimes repentance alone , but now commands all men every where to repent , as if all duty were contained in that ; sometimes in conjunction with faith , repent you and beleeve the gospel , sometimes faith , sometimes love , sometimes self-denyal , sometimes mercifulness , sometimes hope , but that an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a [ this hope ] that sets us a purifying , every one of these , when you meet them single , goes for the onely necessary , the adequate condition of the gospel , to teach you to take them up all , as you find them , leave never an one neglected , or despised , lest that be the betraying of all the rest , but make up one jewel of these so many lesser gemmes , one body of these so many limbes , one recipe compounded of so many ingredients , which you may superscribe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , catholicon , or the whole duty of man. from this general proposition , without the aid of any assumption , we may conclude demonstratively enough , promises of the gospel are conditional promises , therefore all confidence must take rise from duty . duty is the performance of that condition , and to be confident without that , is to conclude without premises , and consequently to claime justification , or pardon of sins , before sanctification be begun in the heart , to challenge right to heaven , before repentance be rooted on earth , to make faith the first grace , and yet define that assurance of salvation , to apply the merits of christ to our selves the first thing we do , and reckon of charity , good works , duty , as fruits and effects , to be produced at leisure , when that faith comes to virility and strength of fructifying . what is all or any of this , but to charge god of perjury , to tell him that impenitents have right to heaven , which he sweares have not , or to forge a new lease of heaven , and put it upon christ ? the calmest style i can speak in , is , that it is the beleeving of a lye , and so not faith , but folly , an easie cheatableness of heart , and not confidence but presumption . hope a man may without actual performance of duty , because he may amend hereafter , though he do not now , and so that possibility , and that futurity may be ground of hope , but then this hope must set us presently upon performance , he that hath this hope purifies himself , or else , it is not that grace of hope , but an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a youthful daringness of soul , a tumor , a disease , a tympany of hope , and if it swell farther than it purge , if it put on confidence before holyness , this hope may be interpreted desperation , an hope that maketh ashamed , an utter destitution of that hope which must bestead a christian . o let us be sure then , our confidence , our claimes to heaven improve not above their proportion , that we preserve this symmetry of the parts of grace ; that our hope be but commensurate to our sincerity , our daringness to our duty . a double confidence there is , pro statu , and absolute ; pro statu , when upon survey of my present constitution of soul , i claime right in christs promises for the present , and doubt not but i shall be bless'd , if i be found so doing : absolute , when at the end of life , and shutting in of the day , i am able to make up my reckonings with s. paul , i have fought a good fight , i have finished my course , i have kept the faith , henceforth there is laid up for me a crown of righteousness , a crown of felicity . i have done what i had to do , and now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there is nothing behind , but to receive my pay . i have been too long upon the general consideration of the connexion between confidence and duty , if it were an extravagance , i hope 't was a pardonable one ; i descend with speed to the hypothesis , the connexion betwixt this confidence and this performance , claiming of temporal plenty upon giving of almes , my last particular . and that i shall give you clearly in this one proposition ; that almes-giving or mercifulness was never the wasting or lessening of any mans estate to himself or his posterity , but rather the increasing of it . if i have delivered a new doctrine , that will not presently be beleeved , an unusquisque non potest capere , such as every auditor will not consent to , i doubt not but there be plain texts of scripture , more than one , which will assure any christian of the truth of it . consider them at your leisure , psal . . , . psal . . all to this purpose , prov. . . & . . & . . and . . adde to these the words of christ , mar. . . which though more generally delivered of any kind of parting with possessions for christs sake , are applied by s. hierome to the words of solomon , prov. . . there is that scattereth and yet increaseth , quia centuplum accipient in hoc tempore , because , saith he , they receive an hundred fold in this world . and that no man may have any scruple to interpose , 't is set in as large , and comprehensive a style , as the art , or covetous , scrupulous wit of man could contrive for his own security . there is no man who shall not — all which being put together must ( to my understanding ) make it as clear to any , that acknowledges these for scripture , as if the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 daughter of voice were come back into the world again , and god should call to a man out of heaven by name , bid him releeve that poor man , and he should never be the poorer for it . 't is not now to be expected of me in conscience having produced this kind of proof , the express texts of scripture , to adde any second to it . i might else farther evidence it from examples , not such as moschus's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will furnish you with , for i know not of what authority they are ; nor yet from s. hieromes observation , who is said to have turned over histories on purpose , and never found any merciful man , which met not with some signal blessing in this world , as the reward of that virtue ; but even by appealing to your selves , and challenging any man here present to bring but one instance of a prudent almes-giver , that hath yearly or weekly consecrated some considerable part of his revenue or increase to that use , and can say that ever he found any real miss of that , any more than of the blood let out in a pleurisie , nay , if he have done it constantly , and sincerely from the one true principle , compliance with the command and example of god , let him speak his conscience , if he do not think , that all the rest hath thrived the better for that , as phlebotomie hath saved many mens lives , letting out some ounces of blood been the securing of the whole mass , that it hath had a secret , blessing influence , a vital , auspicious infection upon the remainder , by this art of consecrating our estates , intitling god to the fence , and safeguard of them , as of his temples , and altars , that theeves , and oppressors , and devils , conceive a reverence due to them , and a kind of sacrilege to approach , or purloyne from them , as they that put the crown into their intaile , do thereby secure it to the right heir , that it can never be cut off . the poor widow of sarepta , what a strange trial made she of this truth ? when the last of her store was fetch'd out to make the funeral feast for her self and family , that they might eat and dy , that very last cake , that all that was left , she gives to elijah in his distress , and this is so farre from ruining her , that it brought a blessing on her barrel and her cruse , that she and all hers were not able to exhaust ; i might adde the poor widow in the gospel , that , if we may beleeve christ , cast in all that she had into the corban , even her whole substance ; the christians , that sold all and laid it at the apostles feet , and yet we never read of any of these , that brought himself to distress by this means . but these are ex abundanti , more than is required for the vouching of my present proposition , and of a higher strain , than what i design for your imitation . 't is time that i begin to retire , and wind up with some application , which you cannot imagine should be any other , after all this preparation , but a go and do thou likewise . and if you can but beleeve this one thing , that i have brought many witnesses from heaven to testifie , that your goodness shall not impaire your plenty , that your store shall never be lessened by so giving , i doubt not but you will be as forward to go , as any man to have you . the onely hold-back is the affection and passionate love , that we bear to our wealth , that lust , or sensuality of the eye , as the apostle cals it . 't is ordinarily observed of young men and dissolute , that they have many times a great aptness and ingeniousness and withall patience to any speculative knowledge , the mathematicks , or any such the abstrusest studies , but for moral precepts , rules of good life , they will not be digested ; and , my brethren , give me leave to tell you in the spirit of meekness , that the like , in another respect , is observed of this auditory , anything wherein their wealth is not concerned , is most readily entertained , none more attentive , ingenious auditors ; but when their profit is intrench'd on , their beloved golden idol ( of which i may say with moses , o this people have committed a great sin , made them gods of gold ) when this , i say , begins to be in danger , as the silver shrines at s. pauls preaching , act. . then , as it followes in that place , the whole city is filled with confusion : like that young man in the gospel , that would do any thing that christ would require , good master , what shall i do to inherit eternal life ! so far as that jesus loved him , when he beheld him ; yet when christ proceeds to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , one thing is wanting to thee , go sell , give to the poor , then followes the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he went away sad and sorrowful , sighing and groaning , as if he had been to part with blood and bowels ; and this is the ground of christs most considerable observation , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 how hard ( and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 how impossible ) is it for a rich man to enter the kingdome of heaven , for a worldly minded man to be a christian ? could you but reduce into order this one mighty exorbitant humour , purge out this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as s. peter calls it , this overflowing of the gall , this choler and bitterness , that lyes cak'd upon the soul , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as he goes on , in the aggravating of covetousness , we english it , band of iniquity , but it signifies a complication of wickedness bound up all in one volume , mingled into one hypostasis , this legion of earthly devils , that came out of the tombes to enter into thee , and there continue crying and cutting thee with stones ; i should then proceed with some heart and spirit , & tell you that , that every man knows but such demoniackes , that almes-giving is in it self a thing that any man living , if he have but the reliques of unregenerate nature , and the notion of a deity about him , would take pleasure in it , were he but satisfied of this one scruple , that 't would not hinder his thriving in this world . 't is more blessed to give than to receive , is the apophthegme of s. paul quoted from christ , though it be not rehearsed in the gospel , and * clemens hath turned it into a maxime , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 't is giving not possessing that signifies a man to be happy ; and this happiness the highest , and most divine sort of happiness , 't is a blessed thing to give . and of the same inclination in the worst of you , i will no more doubt , than i do of your being men , of your having humane souls about you , could you be but fortified against this one terror , were but this one trembling spirit exorcised , and cast out , this apprehension of impairing your estates by that means : now of this an ordinary jew makes so little doubt , meerly upon authority of the places of the old testament , which i cited , that he may read thee a lecture of faith in this particular . paulus fagius assures me of the moderne jewes , who have not been observed to be over-liberal , that they still observe the payment of the poor mans tithe , meerly out of design to inrich themselves by that means , and tells us of a proverb of * rabbi akiba , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tithes are the hedges to our riches , and on the contrary , * that there be seven kinds of judgements that come upon the world for seven prevarications , and the first is famine upon not tithing , and the second again , another kind of famine upon another not tithing , and that second plainly belongs to the poor mans tithing , when ( as it * followes ) some are full , and others are famish'd , and the third is a plague upon not obeying the law concerning the fruits of the sabbatical year , which you know , were to be left to the poor , and again that there are four seasons , wherein the plague was wont to rage especially , in the fourth year upon the non payment of the poor mans tithe the third year , on the seventh , upon the like default in the sixth , in the end of the seventh , upon default concerning the seventh years fruits , that were to be free and common , and the last yearly , in the close of the feast of tabernacles , upon the robbing of the poor of those gifts that at that time were left unto them , the * gleanings of the harvest , and vintage , the corners of the field , the fallings , &c. adde to this one place more of rabbi * bechai , though , saith he , it be unlawful to prove or tempt the lord , for a man must not say , i will performe such a commandment , to the end , i may prosper in riches , yet mal. . . and prov. . . there is an exception for payment of tithes and works of mercy , intimating that on the performance of this duty we may expect even miracles to make us rich , and set to that performance on contemplation and confidence of that promise . and 't is strange , that we christians should find more difficulty in beleeving this , than the griping reprobated jewes ; strange , that all those books of scripture should be grown apocryphal , just since the minute , that i cited those testimonies out of them . this i am resolved on , 't is want of belief , and nothing else , that keeps men from the practice of this duty , whatsoever 't is in other sins , we may beleeve aright , and yet do contrary ( our understanding hath not such a controuling power over the will , as some imagine ) yet in this particular , this cannot be pretended ; could this one mountain be removed , the lessening of our wealth that almes-giving is accused of , could this one scandal to flesh and blood be kick'd out of the way , there is no other devil would take the unmerciful mans part , no other temptation molest the almes-giver . and how unjust a thing this is , how quite contrary to the practice at all other sermons , i appeal to your selves . at other times the doctrine raised from any scripture is easily digested , but all the demurre is about the practical inference ; but here when all is done , the truth of the doctrine still [ that we shall not be the poorer for almes-giving ] is that , that can never go down with us , lyes still crude unconcocted in our stomachs ; a strange prepossession of worldly hearts , a petitio principii , that no artist would indure from us . i must not be so unchristian whatsoever you mean to be , as to think there is need of any farther demonstration of it , after so many plain places of scripture have been produced ; let me onely tell you , that you have no more evidence for the truth of christs coming into the world , for all the fundamentals of your faith , on which you are content your salvation should depend , than such as i have given you for your security in this point . do not now make a mockery at this doctrine , and either with the jew in cedrenus , or the christian in palladius , throw away all you have , at one largesse , to see whether god will gather it up for you again , but set soberly , and solemnely about the duty , in the fear of god , and complyance with his will , and in bowels of compassion to thy poor brethren , that stand in need of thy comfort , those emeralds and jacinths , that * macarius perswaded the rich virgin to lay out her wealth upon ; and this out of no other insidious or vain-glorious , but the one , pure , christian forementioned design , and put it to the venture , if god ever suffer thee to want , what thou hast thus bestowed . * dorotheus hath excellently stated this , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . there are , saith he , that give almes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that their farmes may prosper , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and god blesseth and prospers their farmes ; there be that do it for the good success of their voyage , and god prospers their voyage ; some for their children and god preserves their children ; yea and some to get praise , and god affords them that , and frustrates none in the merchandise he designed to traffick for , but gives every one that which he aimed at in his liberality . but then all these traffickers must not be so unconscionable , as to look , for any arreare of farther reward , when they are thus paid at present , they must remember 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they have no depositum behind laid up with god for them , and therefore 't is necessary for a christian to propose to himself more ingenuous designes , to do what he doth in obedience to , and out of a pure love of god , and then there is more than all these , even a kingdome prepared for him . mat. . i must draw to a conclusion , and i cannot do it more seasonably , more to recapitulate , and inforce all that hath been said , than in the words of malachy , c. . . bring you all the tithes into the storehouse ( no doubt but this comprehends the duty in the text , the compleveris anno tertio , the poor mans tithing ) that there may be meat in my house , and prove me now herewith , saith the lord of hosts , if i will not open you the windowes of heaven , and poure you out a blessing , that there shall not be room enough to receive it . if this will not open the misers hand , unshrivel the worldlings heart , i cannot invent an engine cunning , or strong enough to do it . thou that hast tired , and harass'd out thy spirits , in an improsperous , succesless pursuit of riches , digged and drudged in the mines , thy soul as well as thou , and all the production of thy patience , and industry crumbled and mouldered away bewixt thy fingers , thou that wouldest fain be rich , and canst not get plutus to be so kind to thee , art willing to give satan his own asking , thy prostraveris , for his totum hoc , to go down to hell for that merchandice , and yet art not able to compass it , let me direct thee to a more probable course of obtaining thy designes , to a more thriving trade , a more successful voyage , not all the devotions thou dayly numbrest to the devil or good fortune , not all the inventions , and engines , and stratagemes of covetousness managed by the most practiced worldling , can ever tend so much to the securing thee of abundance in this life , as this one compleveris of the text , the payment of the poor mans tithing . and then suffer thy self for once to be disabused , give over the worldlings way , with a hâc non successit , reforme this error of good husbandry , this mistake of frugality , this heresie of the worldling , and come to this new ensurers office , erected by god himself , prove and try if god do not open thee the windowes of heaven — shall i adde for the conclusion of all , the mention of that poor , unconsidered merchandice , the treasures of heaven , after all this wealth is at an end , the riches of the coelestial paradise , which like that other of eden is the posing of geographers , pars terrae incognita , undiscovered yet to the worldlings heart . me thinks there should be no hurt in that , if such friends may be made of this mammon of unrighteousness , this false-hearted , unfaithful wealth of yours , that when you fail , they may receive you into everlasting habitations , sure this may be allowed to joyn with other motives to the performance of a well-tasted , wholsome duty . in a word , if earth , and heaven combined together , be worth considering , the possession of the one , and reversion of the other , abundance and affluence here , the yearly wages of almes-giving , and joyes and eternity hereafter , the final reward of almes-giving , a present coronet , and a future crown , a canaan below , and a jerusalem above , if the conjunction of these two may have so much influence on your hearts , as in contemplation of them to set you about the motion , that nature it self inclines you to , and neither world , nor flesh have any manner of quarrel to feign against it , then may i hope , that i have not preach'd in vain , that what i have now onely , as a precentor , begun to you , the whole chorus will answer in the counterpart , what hath been now proclaimed to your ears , be ecchoed back again by your hearts , and lives , and the veryest stone in the temple take up its part , the hardest impenetrablest , unmercifullest heart joyn in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and this shall be the summe not onely of my exhortation , but my prayer , that that god of mercies will open your eyes first , and then your hearts to the acknowledgement , and practice of this duty , direct your hands in the husbandring that treasure intrusted to them , that mercy being added to your zeal , charity to your devotion , your goodness may shine as well as burn , that men may see , and taste your good works , glorifie god for you here , and you receive your crown of glory from god hereafter . the end. a catalogue of some books printed for richard royston at the angel in ivie-lane , london . i. books written by h. hammond , d. d. a paraphrase and annotations upon all the books of the new test . by h. hammond , d. d. in fol. . the practical catechisme , with all other english treatises of h. hammond , d. d. in two volumes in o. . dissertationes quatuor , quibus episcopatûs jura ex s. scripturis & primaeva antiquitate adstruuntur , contra sententiam d. blondelli & aliorum , authore henrico hammond , d. d. in o. . a letter of resolution of six quaeries , in o. . of schisme . a defence of the church of england , against the exceptions of the romanists , in o. . of fundamentals in a notion referring to practise , by h. hammond , d. d. in o. . paraenesis or seasonable exhortatory to all true sons of the church of england , in o. . a collection of several replies and vindications published of late , most of them in defence of the church of england , by h. hammond , d. d. now put together in three volumes . newly published in o. ii. books and sermons written by jer. taylor d. d. viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a course of sermons for all the sundayes of the year ; together with a discourse of the divine institution , necessity , sacredness and separation of the office ministerial , in fol. . the history of the life and death of the ever-blessed jesus christ , d edition , in fol. . the rule and exercises of holy living , in o. . the rule and exercises of holy dying , in o. . the golden grove , or , a manual of daily prayers fitted to the dayes of the week , together with a short method of peace and holiness , in o. . the doctrine and practice of repentance rescued from popular errors , in a large o , newly published . iii. books written by mr. tho. pierce , rector of brington . a correct copie of some notes concerning gods decrees , especially of reprobation . the . edit . now at the press with some additionals . the sinner impleaded in his own court , wherein are represented the great discouragements from sinning , which the sinner receiveth from sin it self . the divine philanthropie defended . iv. a compendious discourse upon the case as it stands between the church of england , and those congregations that have divided from it , by hen. fern , d. d. new. certain considerations of present concernment , touching our reformed church of england , by henry fern , d. d. in o. the history of the church of scotland by joh. spoteswod arch-bishop of s. andrews in fol. new. dr. cousins devotions , in o. the quakers wild questions objected against the ministers of the gospel , and many sacred acts and offices of religion , &c. by r. sherlock , b. d. in o. new. the persecuted minister , in o. new. the excellency of the civil law , by robert wiseman ▪ dr. of the civil law. notes, typically marginal, from the original text notes for div a -e * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . * just mart. apol. . eth. . . notes for div a -e in vit. plotin . * pedag. l. ▪ c. . * l de just . cap de offic . viri justi . * l. , c. . * ch. . * lib. . c. . * ib c. . * c. . * ● . ● . c. . * tom . p. . a. tom. p. . c. * 〈◊〉 . l. . c. ● . * perk avo● . c. . p. . * ibid. c. ● * p. ▪ * p. , ▪ * in deuter. . * pallad . hist . laus ▪ cap. . * bib. pà●● . graec. vol. . p. . e ▪ appello [sic] cæsarem, or, an appeal to cæsar in vindication of a little book printed some years since the time of our troubles and intituled a præsent for cæsar / both done by tho. bradley. bradley, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) appello [sic] cæsarem, or, an appeal to cæsar in vindication of a little book printed some years since the time of our troubles and intituled a præsent for cæsar / both done by tho. bradley. bradley, thomas, - . p. printed by alice broad, yorke : . reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their 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- tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion appello caesarem . or ▪ an appeal to caesar : in vindication of a little book printed some years since in the time of our troubles and intituled , a praesent for caesar . both done by tho : bradley d. d. one of his late majesties chaplains , and rector of castleford and ackworth near pontefract in yorkshire , both in his majesties gift and of his speciall grace bestowed upon the author , but ever since ( meerly for his loyalty ) taken from him again by sequestration . yorke , printed by alice broad , . to the kings most excellent majesty charles the second , by the grace of god king of england , scotland , france & ireland , defender of the faith , in all causes and over all persons ecclesiasticall and civill within his majesties dominions next under christ supream head and governour . most gracious & dread soveraign , to your sacred hand & view i humbly offer this little peiee , because your majesty is in some sort concerned in it ; i know your majesty hath little time to read books , but there are some books which both for the usefulnes of the subject & matter which they treat of , and for the smoothnes of the style & language they are cloth'd with , are both pleasant & profitable , and so the reading of them is but a studious recreation , and such is this at least in one of these respects , and it is but a little one , it took not up above two dayes in the writing of it , l●sse then one hours time in the reading of it will dispatch it , and i humbly beseech your majesty that you would bestow upon it those few minutes , that you will be pleased to read it and that you would read it through , and that you would read it your selfe , for there are some things in it which perhaps there are many that are not willing your majesty should be acquainted with , and therefore against such i humbly beg your majesties protection , howsoever i shall keep my self within the bounds of truth & sobernes , and if i do disserve any of them it shall be in order to the serving of your majesty , which when i can do no way else , i shall supply with my prayers publike and private for all the blessings which may make your majesty happy both here on earth , and eternally hereafter in heaven . amen . your majesties most humble and loyall subject , t. bradley , apello caesarem : or an appeal to caesar in the vindication of a little book printed some years since in the time our troubles : intiuled , a present for caesar . true it is there was such a little book printed some years since ; which i do own , in which i find no fault but in the title , and some complementall language here & there to mitigate the ferocity of that tyrant with whom in it i had to do , but he was sagacious enough to discover the hook that lay hidden under that bait which then i offerd him , 't is true the title was a present for caesar : and we have no caesar but the king. but surely in common prudence , thus much you will allow to policy , that he which had a tyrant to deal withall may give him good words . neither did the giving of him a better style then he deserv'd make him really such as that style did import , nor conclude him that gave it him ( onely by way of allusion ) to esteem him so . there are evidences enough to conclude the contrary in the judgment of all them that know me , for if services or sufferings , by sequestrations , plunderings , frequent imprisonments , menaces and threatnings reaching even to life it selfe may speak a man loyall , there are enough that speak loud enough to declare me such . for my zeal in his majesties cause , and service , it is well known i forsook all to follow him through thick and thin , and did so to the very last , and being a sworn chaplain was one of those that did help to carry the arke before him in the time of his greatest troubles and dangers , and was afflicted in many of those things wherein he was afflicted . but to passe by these praevious considerations mentioned only for prevention of prejudice . i pass from the title of the book to the book it selfe , and of that i shal give a very brief yet a full and clear account under these two heads . . by showing what the very sum , subject , & substance of that book was . . what my aymes , ends , & reaches were in penning it at that time . the former of these is obvious to any man at the first view , which sees or reads it , but in the latter i was more reserved they were known only to my selfe , and very few more whom i acquainted with them , dr. healing for one which knew more of that which lay in the bottome of that design then any other , and with whom i had frequent conference about it . all these things i shall now unriddle & unfold , which done & rightly understood , then apello caesarem , apello ecclesiam , apello populum , apello omnes , i shall appeal to all the world whether that book or he that pen'd it , deserves that blame which some imagine , nay i shall rise so high in my vindication as not onely to free it from blame , but i challenge thanks for it from all england , especially the clergy which especially blame me for it , and if his majesty shall be pleas'd to take hold of some discoveries that there i make , and which here in this vindication i must necessarily hint at , i hope his majesty will think i do him no disservice in it neither . as to the first then of these heads , the very sum and substance of the book lies in these proposals , and those two concerning only churchmen & church livings all which at that time were in the hands and possession of the intruding clergy which had invaded and usurped upon the church as their patron had done upon the civill state. concerning them therefore i made these two proposals . . first , i did propose that all those that did possesse sequestred livings , and had peaceably enjoyed them two years or above might be required to pay their first-fruits , the tyrant having set forth a cruell proclamation , that we should never return to our livings more , nor exercise our ministeriall function elsewhere . . my second proposall was this , i did propose that they and all others which should hereafter be prefer'd to ecclesiasticall dignities or promotions might pay their first-fruits according to the statute of the of henry the eighth whereby it is required that they should pay them in according to the full value of such dignities , benefices , and promotions , and not as they stand partially rated in the king's book by an ancient inquiry made above years since which gives them not in to the , , nor scarce to the part of the true value throughout the land , this done , i did demonstrate what a great improvement this would make of the first-fruit office , for the first-fruits being thus improved the tenths likewise must improve proportionably , according to which the tenths would come to near as much as the first-fruits now come to , and the first-fruits to or times as much as they now are . this is the very sum and substance of that little peice for which i am blamed , all the rest is but as the mantling to the armes , or filling to the limbs , or comment upon the text shewing the aequity , legality , reasonableness , & seasonableness of such a proposall at that time . but there was much more lay at the bottom which was not obvious to every eye , neither was it my desire that he should know them , therefore in the next place i will shew what were my ends , aymes , and reaches in those proposals , and they were these . . the first was ( clear contrary to the apprehensions of those that charge me in this matter ) the very preservation of tythes , churches , colledges , all which were now in a tottering condition , dangerously shaken , undermined , and near unto ruine . for , . that grand impostor had propos'd in the house that they would consider of some way whereby a ministry might be maintained in england without paying of tithes . . most of the counties in england had petitioned against the payment of them . . the people did generally deny the payment of them , insomuch as one of the judges returning homeward from his circuit told me that in that circuit they had near causes came before them in the ease of non-payment of tithes . . cromwel's countrey-men , jones and vavasor powell had begun an experiment tending hereunto in wales , by gathering all the tithes & church-profit● into a common treasury , that is to say their own purses & their adhaerents , and instead of a standing clergy to set up an itinerant ministry . . that mushrum parliament called together by cromwel's writ , or letters , wherein rowse was the speaker had made a praevious act in order to this design , whereby they made the ministry useles throughout the land , for as for preaching they tolerated a liberty to preach who would , for the sacrament of baptisme , that there was no need of that till children were come to or years of age , and then they might make a minister among themselves to do that office , for the sacrament of the lords supper , that was in a manner clear banished out of the church , for marrying that was committed to the justices of peace , for burying let one pitt another , the dead bury the dead , not so much as the register book but it was taken out of our hands , and the parish was to chuse a register to keep it , so the ministry was made useles throughout the land , and what was this but a praevious act proceeding from anabaptisticall principles in order to that sacrilegious and wicked design of overthrowing the whole body of tythes , the churches ancient patrimony , and with it the ministry it selfe , ( for the perpetuity whereof they were first ordeyned ) together with the schooles of the prophets , the churches wherein god was worshipped , and all that was sacred , if i at such a time as this stept in to stay & to support the shaking pillars of them all , by intitleing those that were the actors in this tragedy to a considerable revenue out of them , that for the preservation of their own interest they might protect and uphold the whole bulke and body , out of which it did arise , forgive me this wrong , and who would think much in such a dangerous storm to throw out some of the wares & fraught to preserve the ship and lading , and there are now living many ( then parliament men ) to whom i had distributed some of those books which confess that my proposals therein were just and legall , aequall , reasonable & rationall , and that they did sway much with them in voting for the tythes , and yet for all this when it came to the vote , it was carried but by one voyce for the chruch , for the house was equally divided , and it stood meerly and only upon speaker lenthall's voyce whether tythes , or no tythes , and to his honour let me remember it in this great busines ( for other matters if he did amisse let him answer for himself ) he cast it for the church . now in this point of time when the church and church affaires , tythes , colledges , and all lay at stake , tottering as it were upon the point of a needle , if i came in , and east in but one grain , or scruple to cast it the right way , will my brethren of the church charge me & say i did them wrong , no i was their benefactor , i did them all good service , and i deserve thanks at their hands . this was my first aym and i carried it with successe . . my second end that i aimed at was this , wherein i cannot so well justify my self as in the former , because there was something of revenge in it , which ( though i were never so great a sufferer , and many more with me ) yet i should not have thought on , but this it was in a word , truly to punish the usurping and intruding clergy which by the power of their committie of plundered ministers above , and their country committies here below subservient to them , and the authority of one person more ( whom i will not name ) invaded our livings , cast all the orthodox clergy out of the churches , and put themselves into the possession of them from dan to beershebae throughout the land . upon which by the help of their army they entred with such cruelty that they seised upon all , goods in the house , corn on the ground , croppe in the barns , imprisoning the husbands , throwing out the wives & children into the streets without all mercy , not one in ten of them ever allowing them any fifths , or any other help out of them notwithstanding a colourable act made to that purpose . so then distingue tempora distinguish but the times , do but consider in whose possession the church was when i promoted that design , and made those proposals , and you will soon free me from any intention of evill to the orthodox church or church-men in whose behalf i writ it , but for these cruel , usurping & intruding harpeys , god forgive me my revengeful thoughts against them , i did not care what burthen i laid upon them . my third end in those proposals , was the ease of the country & commons of england in respect of their contributions , taxes & assessments , by taking off from them and laying a great part of their burthen upon those unto whom more properly it did belong , the church and church-men , whose warre this most properly was , and in whose quarrell it was begun , and this is exprest in terminis in that book , for which they so much blame me , but let them and all others look back to the beginning of these wars and troubles , the cause , the quarrell , the incendiaries and promoters of it , and will it not fall upon the turbulent discontented church-men , and where were the coals of it first kindled , was it not in the pulpit , the rigid presbiterian pulpit , witnes that text in judges the th . so frequently preached and printed on , and agreed on in sion colledge by a certain number of them there met together that it should be so . curse ye meroz , curse him bitterly , because he came not forth to help the lord , to help the lord , against the mighty , and although they did since that some of them salve the matter by declaring against the murther of the late king , and since that by declaring for his majesty that now is , yet these plaisters are to narrow to heal that head which before they had so sore broken , they have great cause to be humbled under the sence of those grievious things which have fallen out as the consequence of their desperate beginnings , though they intended them not , their doctrines , and practises were then pestilentiall , turbulent , & seditious , and from their spawn have risen since al those seditious sects of independents , anabaptists , quakers , &c. which now like locusts coming out of the bottomles pit cover the face of the earth , and have filled every corner of this land to the greivious corruption of the truth , and interuption of the peace both of the church and kingdome . if then they were the principall is the quarrell , the chiefest causers & beginners of the warr , and now had their desires in sharing the bishops and the chapters lands among them for augmentations , and in putting themselves into the possession of the best livings in the land , and the revenue of the church ; was it unreasonable that i should move that they should bear the greatest burthen of them for the ease of others that were not so much concerned in the quarrell , but would willingly be at peace in the land , this was my third end and ayme in those proposals . . in my fourth end & ayme in those proposals i had respect unto his majesty that now is , and then was our most gracious king and soveraign , and to the augmentation of his majesties revenue : for i did assure my selfe his majesty would return to his crown and kingdom with that honour which to our unspeakable joy our eyes have seen , i did perswade my self that he would not himself take the advantage of this discovery , but if it were done to his hand by another , then he might , either with honour and justice enough continue it ( as now the excile ) and so it would be a fair augmentation to his majesties revenue , or if not , that his majesty might restore it to the church again , and so gain unto himself the glory of his bounty , and engage all church-men throughout the land the faster and closer to him , from whose gift and bounty , they should receive so great a benefit : obj : oh but it will be objected , how shall we know you had any such intentions toward his majesty , and not rather toward the usurper then in power ? solv : if i do not demonstrate it , let me be severely censured & interpreted at the worst you can immagine . for which purpose , first it is notoriously known i did ever with great constancy and confidence from time to time assert the certainty of his majesties return , and the necessity of it , and our certain misery & bondage till it was so , that it would be done by parliament , not by tumult , that our distractions & miseries would be such that rather then it should not be so we should all beg on our knees that it might be so , & this not lately when things began to look this way , but , , , years agoe . to this i can call to witnes men of great account both friends and enemies to his majesties return , ear witnesses of it . in the first ranke let me mention the noble thomas stoner of stoner esquire in oxfordshire , at whose table i spake these words in the presence and hearing of some persons of honour , and others of lower ranke , one of which answered me at that instant , that he durst not hear what i said without accusing me , i call to witness the gentlemen of the ancient family of the warcupps of the mannour of english in the same county , and amongst them one robert warcup esq lievtenant collonel of the county under mr. james whitlock , but who was in effect coll : and much more , for he was the very right hand of the lord whitlock and of his unckle lenthall sirnamed the speaker , and a man of a vast power and authority in those parts , he knowes well i did alwayes confidently assure him of his majesties return , and that all their transactions would come under the examination of that power which now they did despise & oppose , & therefore that he should carry wisely & warily , with all aequity and moderation , as one that was sure to give an account , and he took my counsel . of the adverse part i 'le reckon but one , and that is one henry gooding a buffle-headed baker in henly upon thames , who from carrying the bakers basket was exalted to a justice-ship of the peace , as a man fit to be an instrument of mischief , and subservient to such a governour & government as we were under , who by abusing his trust & power , and by cozening the country , especially the kings friends , instead of bread fil'd his basket with money , and with it buying a mannour near hyworth in wiltshire , and having married his maid there lives now , & sits as securely as if he were as good a subject as any of us all . i mention none but such as are living , and of such i could mention many more which know and can testify , and will if called , that not only now at the last but ever since his majesties exile , i did constantly & confidently assert his return with honour and applause , the very desire and expectation of the body of his people , in which case it were strangely irrationall that i should disoblige his majesty by doing him any disservice either this or any other way : no in the mean time it was my ayme to serve him , and to settle pounds a year to his hand , augmentation to his majesties revenue , as due to him as any penny he doth receive upon any occasion whatsoever . and though i have not done it to his hand , yet i have given his majesty , or the parliament , or the great officers of his treasury and revenue light enough how to do it when they will , and for that purpose i wish my lord chauncellor with the master of the rolls would look over that act of the of henry the . cap : . repealed the of queen mary , revived again by queen elizabeth , wherein they shall find that they are required from time to time to send forh commissions and commissioners to make inquiry either by oath , or by any other wayes and means which they can in their discretion devise to find out the true value of all spiritual or ecclesiasticall dignities and promotions , that so the first-fruits and tenths may be paid in and received accordingly , that his majesty receive no dammage . and i would but ask , what is the meaning of that fourth and last bond which we give into the first-fruit-office , at our entrance upon our ecclesiasticall promotions , call'd the melius inquirendum , the condition whereof runs thus . the condition of this present obligation is such that if the rectory of a. in the county of b. shall be hereafter proved to be of more yearly value then l. as it now stands rated in the kings book , then if t. b. incumbent there shall within one month after certificate of due proof thereof had , and made , and given in unto him , ) answer his majesty accordingly , then this present obligation to be void and of none effect , or else to stand , and remain in full force and vertue . i remember that not many months since , a praebend in a cathedrall church put in to be a residentiary among the rest , it was answered him , he could not except he had at least l . a year in benificiis , he told them he had so , but it was replyed to him that l . a year then when that statute was made was now l . a year at least , & therefore he could not be admitted unles he had l a year at least , and so was set by : i leave ▪ the application of this , or the conclusion to be deduced from it ▪ for surely if this , plea be good in the case of a subject , it must needs be good much more in the behalf of the king on whose part all statutes are to be interpreted , in favorem & in meliorem partem . and now after all this i do not perswade nor advise his majesty to take the advantage of this discovery to himselfe , yet though he do not so , there is this advantage in it that his majesty shal know what is his due , and what he may doe when he will , and others shall know how much they are obliged unto his majesty for his indulgence in forbearing it which hitherto have received the benefit of it in silence without acknowledgement . but certainly it deserves acknowledgment , and although his majesty do not take it , as by law he may , yet if they should at this exigent offer it up to him as a free-will offering , as at first the church did to henry the . when that act was made , i think that therein they should but do his majesty right , and themselves no wrong . i am sure his majesty begun to them first , he hath given them a free-will offering , such a one as the church yet never saw , nor i hope never shall , ( i mean the cathedralls , ) in the renewing of leases taking of fines , gathering of arrears , all these of years growth now in this one years harvest to be reap't and gathered in , which brings in such incredible sums of money into some private and particular purses , that it is beyond beliefe to relate . but if the late parliament ( to whose prudence his majesty refer'd the consideration of these things , ) had so carried between his majesty and the church , as that all these arrears and fines upon renewing of leases , especially of the vacancies might have been gathered into a treasury , afterwards to have been disposed of , and distributed as his majesty with advice of the church-men in wisdom and justice should have thought fit , & the churches and church-dignities might have been filled as at other times , so as to take the profits ensuing , only remitting to the persons so preferred their first-fruits , it would have brought into that treasury above a million of mony , & the church-men put into such a condition as they would have been very wel satisfied with , and thankfull for . whereas now neither his majesty , nor community , nor the late suffering clergy banished out of those churches , ( most of them deceas't ) nor theirs , have any benefit out of them at all , but all is engrost into the hands of a few cathedrall-men , a bishop , a dean , and or cardinall praebendaries , which call themselves residentiaries , for as for the rest of the chapter though resident as well as they , and by their instistutions have stallum in choro locum , & vocem in capitulo , yet as to the dividends they are all set by as secluded members , in the church of yorke are praebends , & there are but of all these that share in the dividend of those vast revenues : and those residentiaries ( methinks very improperly so called , ) for of all other they are the greatest non-residents , for while they are residentiaries in those cathedralls where the harvest lies , there are few of them but have . . . or more other dignities or ecclesiasticall pomotions else-where which call for their residence & presence , and complain for the want of it . and if there were but an inquiry made into the several cathedralls in the land for pluralists , and non-residents , what strange smect ymniusses should we finde amongst them , men of as many names and titles as the beast in the revelations had heads , that we cannot tell how to write to them , nor of them , to give them their due stiles but with an &c. i read in the counsell of trent of a bishop there called quinque ecclesiensis , but amongst these you shall find many that surpasse him , by almost double the number , for instance do but look upon that chappell at windsor , for that is the style of it , the free chapp●ll of st. george , and there you shall see how windsor , and worcester , and glocester , and eaton-colledge , and the city and the country , deanaries , and praebends and parsonages , and viccaragies , and donatives , and all meet together in a little roome , and so in other places . let me give you an instance fresh in memorie , i knew a man to whom ( not many months since ) his majesty ( being made acquainted with his sufferings and services , ) had given the best praebend in the church of yorke , it past the signet and privy seal , the fees of both were paid , it was carried to the great seal , and money laid down there in pledge for the charge of it , yet after all this came a courtier , makes friends to his majesty for the same thing , and carries it for another that had but six dignities & ecclesiasticall promotions before : i confesse he was a worthy person , a great sufferer , and one that deserved a better dignity then that , and i believe might have had it as easily as he had that ( if his friend had laid out his interests for it ) and i wish he had . yet let me do his majesty this right too , although he had signed the warrant for it , yet when they brought their bill , his majesty remembred he had past it to another , and refused to sign it , a signall evidence of his incomparable goodness and justice , but the praegrantee understanding that they had prevailed with one of the greatest subjects in the kingdom to appear for them ( so far as to write his letter to secretary morrice to withdraw a caveat which was entred in the signet office to prevent competitors ) well knew it was no contesting in such a case , and so was content to sit down and let it pass : well let this go for a digression . in all this i would not be so interpreted as if i did utterly condemn all pluralities in persons rightly qualifyed for them , nor non-residence neither upon occasion , there may be necessity for it , but that which is to be dislik't in them both is , that they are so common and ordinary , privilegia sunt paucorum , priviledges belong but to few , and those the choicest of men , and as a very learned and judicious divine writ to me once in the resolution of a case of conscience which i offer'd him . we do in nothing more juggle with our owne consciences , then in allowing our selves too much liberty in things that are not absolutley unlawfull . it was the reverend dr. sanderson , now bishop of lincolne , in the resolution of this very case of non-residency , occasioned by an invitation from the right honourable nicholas lord viscount castleton , ( father to the noble lord george now living , ) to leave my parsonage in york-shire , and to come and live with his lordship in his house , which i did civilly excuse , my conscience not allowing my constant absence from my charge at that distance . and there is another thing that makes these pluralities so unreasonable , and that is the insatiablenes of greedy men in those accumulations , that heap up mountain upon mountain , pelion upon ossa dignity upon dignity without either end or measure as long as mony or meanes , or interest , or friends will last to procure them , when as ( god knowes ) there are many hundreds of learned , loyall , honest , orthodoxe , suffering , sequestred ministers unprovided for , unrestored to their livings , which to this day want bread for them and theirs . and so are like to doe , for what with that indulgent declaration of his majesty tollerating so many irregularities in church-ministrations , & so much abused , and what with that late act ( pretended to be made for the restoring of sequestred ministers , but intended doubtlesse by some of the contrivers of it for the clear contrary , to keep us out while we are out , and to confirm those in that are in the possession of them , there they are still , and there they will be , for first it puts us upon impossibilities in order to our restoring of getting five or more justices together , which i am sure i could not do with the expence of above twenty pound , and the riding , and s●nding too & fro of above three hudred miles , and yet at four meetings could never get above three justices together , which for want of a full quorum could not act , & then if we cannot overcome these difficulties , and that within a time limited , it seems to praeclude from us all other remedy of law or otherwise for our relief , as in the eleventh page of it , and what a strange toleration is this that being in possession , there they shall be , and keep it though without institution , and orderly induction , by this meanes the church is to this day full of those notorious , seditious , schismaticall and violent intruders , which began all these troubles at the first , and cast the orthodoxe clergy out , and now they stand upon better termes then ever they did , neither is there yet any one bishop in the kingdome that hath visited his diocesse to take cognisance of these things , either by himselfe or by his commissioners , nor when they do , do i see what power they have yet to purge the church of them , or to restrain them : this not onely is a greivous oppression ( for the present ) to the suffering and sequestred ministers , the most of them very aged men , grown old in suffering , and a great advantage to those factious and seditious usurpers to confirm the people in those seditious and haereticall principles which before they had infused into them , but there is a greater mischief then this , the consequent of it , and that is this : that whereas his majesty hath graciously promised that there shall be a synod called , these heterodoxe men ( with which the church is now filled ) shall be able to over-vote the orthodoxe clergy three to one in the choice of our representatives . the cure of all these things with the prevention of greater evills ( which these things ( if not cured ) may introduce , ) we must leave to the wisedome and justice of the parliament at hand , and of the higher powers , it was enough for me to hint at them , and that i have done impartially , yet without any malignity to either party , praelaticall or presbiterian , though an enemy to the abuses in both , yet my selfe a friend to both , who will ever style my selfe an obedient sonne of the church , and an episcopal-presbiterian : tho : bradley . finis . monday june th . resolved, that this parliament doth declare, that, for the encouragement of a godly, preaching, learned ministry throughout the nation, the payment of tithes shall continue as now they are ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) monday june th . resolved, that this parliament doth declare, that, for the encouragement of a godly, preaching, learned ministry throughout the nation, the payment of tithes shall continue as now they are ... england and wales. parliament. sheet ( p.). printed by john field and henry hills, printers to the parliament. and are to be sold at the sev[en] stars in fleetstreet, over against dunstans church, london: : . title from caption and first words of text. reproduction of original in the henry e. huntington library. eng tithes -- great britain -- early works to . great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e ). civilwar no monday june th . resolved, that this parliament doth declare, that, for the encouragement of a godly, preaching, learned ministry thro england and wales. parliament d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms monday june th . resolved , that this parliament doth declare , that , for the encouragement of a godly , preaching , learned ministry throughout the nation , the payment of tithes shall continue as now they are , unless this parliament shall finde out some other more equal and comfortable maintenance , both for the ministry , and satisfaction of the people . resolved , that this vote be printed and published . tho. st nicholas clerk of the parliament . london : printed by john field and henry hills , printers to the parliament . and are to be sold at the sev●● stars in fleetstreet , over against dunstans church , . the larger treatise concerning tithes long since written and promised by sir hen. spelman, knight ; together with some other tracts of the same authour and a fragment of sir francis bigot, knight, all touching the same subject ; whereto is annexed an answer to a question ... concerning the settlement or abolition of tithes by the parliament ... ; wherein also are comprised some animadversions upon a late little pamphlet called the countries plea against tithes ... ; published by jer. stephens, b.d. according to the appointment and trust of the author. tithes too hot to be touched spelman, henry, sir, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s wing s _partial estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the larger treatise concerning tithes long since written and promised by sir hen. spelman, knight ; together with some other tracts of the same authour and a fragment of sir francis bigot, knight, all touching the same subject ; whereto is annexed an answer to a question ... concerning the settlement or abolition of tithes by the parliament ... ; wherein also are comprised some animadversions upon a late little pamphlet called the countries plea against tithes ... ; published by jer. stephens, b.d. according to the appointment and trust of the author. tithes too hot to be touched spelman, henry, sir, ?- . stephens, jeremiah, - . bigod, francis, sir, - . [ ], , , [ ] p. printed by m.f. for philemon stephens ..., london : . "an apology of the treatise de non temerandis ecclesiis ... by henry spelman" ([ ] p. at end) has special t.p. issued previously as: tithes too hot to be touched. "an apology of the treatise de non temerandis ecclesiis" (wing s ) also appears separately at reels : and : . reproduction of original in union theological seminary library, new york. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tithes. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the larger treatise concerning tithes , long since written and promised by sir hen : spelman knight . together with some other tracts of the same authour , and a fragment of sir francis bigot knight , all touching the same subject . whereto is annexed , an answer to a question of a gentleman of quality , made by a reverend and learned divine living in london , concerning the settlement or abolition of tithes by the parliament , which caused him to doubt how to dispose of his son , whom he had designed for the ministery . wherein also are comprised , some animadversions upon a late little pamphlet called , the countries plea against tithes : discovering the ignorant mistakings of the authours of it touching the maintenance of the ministery by such means : as also , upon the kentish petition . published by jer : stephens b. d. according to the appointment and trust of the author . london , printed by m. f. for philemon stephens at the gilded lion in pauls church-yard . . to the vvorshipfvll my much honoured friends , john crew esquire , and richard knightley esquire , worthy patriots of our country northampton-shire . i addresse unto you both , these severall treatises , not onely out of duty and obligations to your selves , but in regard of your publike good affection to maintain the patrimony of the church in tithes , which is so fundamentally setled by our laws , that nothing can be more certain by them . and the times now growing dangerous to the whole state of the clergy in this particular , your selves having de●l●red your opinions for tithes , and accordingly been careful to preserve us in our rights , i hope this my service will be acceptable to you : what farther may be done depends upon gods providence , and the good endeavours of all pious men to afford t●●●r best assistance . seeing the parliament hath honourably declared themselves for tithes , both by their ordinance and the repulse given to some petitioners against them . for mine own part , though i expect censure and opposition from many , yet as an ancient said , in causa qua deo placere cupio , homines non formido . i have therefore in this needfull time , at the earnest request of many , adventured the rather to discharge the trust reposed in me by the worthy knight sir hen. sp. who being imployed in greater works , committed these to my care & trust to be published . his charge doth neerly concern me , and in conscience i could not longer conceal them from the publique view . they have been long in my custody ; and if the favour of your self m. crew , in a time of danger , besides m. knightleys publique deserts and defence of me since from scandalous people , had not prevented , they had been utterly lost by the injury of soldiers , together with other manuscripts and monuments of great consequence against the common adversary . your selves having preserved them and me , i could not doe otherwise then return you the thanks and fruit of your own favours ; and whosoever shall think these worthy the publique view , will have the like cause to render you thanks for saving both them and my self , being extreamly injured by some that are styled in our ancient laws , villani , cocseti , perdingi , viles & inopes personae ; by whose troubles i am inforced to omit divers additions materiall to this argument , which the learned knight committed to me . but lest hereafter they should miscarry by any common danger , or neglect of mine , i could find no better means to prevent the same , then by committing these to the presse , that they may live & be extant for the common benefit of gods cause and church . the piety , excellent learning and moderation of the author , in all his expressions , will prevail much with those that are truly wise and sober , and if your protection shall concur to defend both them and my poor studies , i shall hope to give you farther account hereafter in other works of great moment . thus praying god to guide and blesse you in all your pious endeavours , i subscribe my self , yours ever obliged , jer : stephens ▪ to the reader . the eminent worth and dignity of this religious knight needs not to be set forth by the praise or pen of any man ; his excellent learning , piety , and wisdome , were very well known to the best living in his time ; and his owne works published in his life , together with the great applause conferred on them , both at home and in forain parts by learned noble parsonages , and great princes , are testimonies beyond all deniall , or exception . among all other his singular deserts and works , there is none more illustrious , then his piety towards god , testified both in his holy course of life , and especially by his learned and godly treatises , of the rights and respect due to churches . wherein he hath so accuratly proved , what is due to god , and to be rendred unto him , both for the time of his worship , and also for the means and places , wherein his worship is to be performed , that no true christian , who embraceth the gospel , but must acknowledge willingly his singular deserts and piety : his great knowledge in the common law of our kingdome , and all other laws whatsoever , divine or humane , ancient or modern , civill or canonicall , — multatenens antiqua , sepulta , vetusta , quae faciunt mores veteresque novosque tenentem , renders him singularly judicious above many other , and able to deliver the truth when he descends to speak of humane laws and authorities , after he had first founded and setled his opinion upon the divine law of god. yet notwithstanding his piety , learning , and moderation in all his expressions , there wanted not a perverse spirit to oppose and scribble something against him , whereof hee tooke notice , and added a censure in his learned work the glossary ; and also among other his papers of this argument , he hath left a sufficient apology and justification of his former treatise , which , is here published for satisfaction to all that be truly pious and well-affected sons of the church of england . for his larger work of tithes , which he prepared long agoe , it is also here added , though in some few places imperfect , and might have been better polished by his own hand , if he had engaged himself upon it , and desisted from his greater works so much desired by many eminently learned both at home and abroad : yet rather then suffer the losse of such a testimony of his piety to god , and good affection to uphold the setled maintenance of gods house and ministers , to whom double honour is due , as the apostle saith , it is thought fit to publish it , as he left it , imperfect in some passages , and defective of such ornaments and arguments , as he could have added further , out of his store and abundance : though what he hath here delivered is so compleat , as doth fully discover the ability of his judgement ; and that these reasons and illustrations produced by him could hardly have proceeded from any other . author , being agreeable to his expressions , style , and arguments delivered in his other writings . and at this instant it seems very necessary , in regard the humour and displeasure of many in the world , is now obstinately bent to beat down , root up , overthrow , and destroy , whatsoever the piety and wisdome of our forefathers built and contributed in the primitive times of their faith and conversion to christianity , as if all they did , were popish and superstitious , fit to be rooted up : and as if themselves had a commission as large as the great prophet had from god , and were set over the nations and kingdomes , to root out , and pull down , to destroy and to throw down , to build and to plant , jer. . . but if men will rest satisfied , either with proof from divine authority , there wants not enough here to guide their consciences : or with humane laws and statutes confirmed , and fully enacted by many parliaments , whereby they are now become ancient and fundamentall , as well as any other laws , together with the constant course and practice of above a thousand years in our common-wealth , there wants not here the testimony of all our ancient monuments , statutes , deeds , and charters of our kingdome , princes , and noble men , which this learned knight hath more fully and compleatly published in order of time , and in their originall saxon-language , in his first tome of our english laws and councels , for the first five hundred years before the conquest , being his last work before his death . whereunto when the second tome ( which he hath also finished ) shall be added for the next . years after the conquest , together with his learned commentary upon all difficult and ancient rites and customes ; there will be abundant proof from all humane laws , and the authority of our common law , together with the practice of our kingdome , in severall ages , that no man can raise a doubt or exception , that shall not receive satisfaction fully and clearly . as for the laws of israel , and the heathens also in imitation of gods own people , the decrees and canons of generall councels , in succeeding times , here is also such abundant testimony produced , that no judicious reader can refuse to yeeld his vote thereto , and approbation for continuance . there is another noble and religious knight of scotland , sir james sempil , who hath so accurately laboured in this argument , and proved the divine right of tithes from the holy scriptures , insisting thereupon onely , and no other humane authorities , or antiquities , further then he finds thē to play upon the text , pro or contra , ( as himself saith in his preface ) that much satisfaction may be received from his pious endeavours ; having therein cleared some texts of scripture from sinister interpretations , and exactly considered the first institution and laws for tithes , delivered by god himself both in the old and new testaments . if both these godly and learned witnesses of the truth will not serve the turn to convince the judgement of some ill-affected , they being both raised up by god out of both nations , like to eldad and medad , among the people , extraordinarily to prophecy , and defend the truth , being moved and inspired doubtlesse by god himself , ( besides those that belong to the tabernacle ) to uphold and maintain his own cause against the adversaries of his church ; yet they may well stop the mouths of worldlings and mammonists from clamour and inveighing , and perswade them to acquiesce upon the known and fundamentall laws of the kingdome : which areas ancient and fundamentall as any other , or rather more , because they concern especially the upholding and maintenance of the worship of god , then which nothing can be more necessary or fundamentall : and therefore the pious and good king edward the confessor , doth begin his laws with the recitall and confirmation of the ecclesiasticall lawes , and particularly of tithes , church-possessions , and liberties thereof : a legibus igitur sanctae matris ecclesiae sumentes exordium , quoniam per eam rex & regnum solidum habent subsistendi fundamentum , leges , libertates , & pacem ipsius concionati sunt . because thereby the king and kingdome have their solid foundation for subsistence , therefore the laws , liberties , and peace thereof are first proclaimed and established . and thus begins also magna charta , — nos intuitu dei , pro salute animae nostrae , ad exaltationem sanctae ecclesiae , &c. and so also many other statutes successively , pour le common profit de saint esglise & del realm , &c. the possessions , tithes , and rights of the clergy being thus setled , they may doubtlesse be enjoyed , having been freely collated ( according as was foretold by the prophets , esay and others ) by kings , nobles , and many good men , fully confirmed by law and parliament , established by the possession of many hundred years : & that although in the beginning perhaps things were not so commanded in particular , as any man else may enjoy lands , goods , chattels , gifts and grants whatsoever is freely collated , purchased , or obtained by industry , or is freely given and bequeathed by ancestors , or other benefactors , although perhaps there be not divine right in speciall , to prove and justifie so much land , money , rents , or goods of any sort to be his due and right . god did foretell and promise by the prophet esay , cap. . . that he would raise up in the church of the redeemed , kings and queens to be nursing fathers , and nursing mothers to his church ; that is , saith calvin upon the text , magni reges ac principes non solùm christi jugum subierunt , sed etiam facultates suas contulerunt , ad erigendam & fovendam christi ecclesiam , ita ut se patronos & tutores ejus praestarent . kings and princes should give much lands , revenues , and great maintenance for the worship of god , and his ministers , attending thereon , which promise god abundantly performed by many and great emperours , kings , and princes in all countries after their conversion to the faith . the donations , gifts , and buildings of constantine the first , and great christian emperour born at york , and helena his mother an english lady , exceeding religious and devout , are famous in history , together with their buildings and endowing of many ample and beautifull churches in severall counties of the empire . neither did he thus alone in his own persō , but he also gave leave to his subjects to doe the like , whereby the church was greatly enriched in a short time . c. l. . c. de sacrosanct . ecclesiis , § si quis authent . de ecclesia . the gifts and buildings of divers other emperours and kings , as theodosius , justinian , pipin , and charles the great are endlesse to be repeated . when as any doth the like now , or repair old churches formerly built , he is by some ignorant people tearmed popish , or popish affected . the grants , buildings , and gifts of our own english kings , noble men , and bishops , ever since our first conversion , are famous in our histories : especially of king lucius , and ethelbert , the two first of the british and saxon kings : so also of egbert , alured , ethelwolph , edgar , edward the confessor , and many others in times following after the conquest ▪ ( no princes , or nobles , being more bountifull then ours in england . ) their charters and acts of parliament are extant in the first tome of our councels by this authour ; and many are also mentioned by the learned selden in his history . now when churches are built , and grants of lands , tithes , and oblations are freely given by great kings , confirmed by severall acts of parliament , oftentimes renued and reiterated , as by the great charter thirty times confirmed , and many other statutes since , as also by the text and body of the common law , which doth affirm tithes to be due jure divino : as is asserted by that ever honourable judge and oracle of law , the lord coke , in the second part of his reports , dismes sont choses spirituels , & due , de jure divino . being thus setled and confirmed , and thereby becomming fundamentall laws of the kingdome , they may , and ought to be enjoyed peaceably , without grudging , or repining , alienation or spoil , without casting an evill eye upon gods allowance , and because he hath given the floure of wheat to make bread for his sanctuary : whereof god himself giveth charge in the last vision of ezekiel , contained in the last four chapters , where he appointeth a third part of the land to be set forth for his temple , priests , and servants , besides the portions for the prince , and for the people ; which vision for performance concerneth the christian church , and was never fulfilled in the jewish state , as this author and many others doe shew : and there god doth especially forbid alienation , selling or exchanging of his temples portion , as being most holy unto the lord , ezek. . . it concerns us therefore that live in these times of the christian church , when we see the ancient prophesie fulfilled by kings and princes , in giving much to the church , to preserve gods portion entire without alienation , spoil , or violence . the primitive times of the church , as this authour sheweth , ch . . as had not been since the very creation : times wherein god opened the windows of persecution , and rained bloud upon his church , as hee did water upon the world in the days of noah , during the ten grievous persecutions in the first . years after christ , so that no man must expect then to finde setled lawes for tithes , lands , or maintenance of the clergy , when the emperors and magistrates were heathens persecuting the church , and made many furious edicts for rasing and ruinating of churches , which had been built by christians in some times of intermission , as appears by eusebius , when hee comes to the times of dioclesian . every good christian , and almost every clergy-man , lost his life for religion ; no man did care or expect for preferment , maintenance , or dignity , save onely the crown of martyrdome , which many thousands did obtain : the church , saith this author , did all that while expose the dugs of her piety unto others , but did live her self on thistles and thorns , in great want oftentimes , necessity , and professed poverty . now those men that would reform all according to the pattern of the primitive church , and the apostolicall times , do not consider , that the clergy must be reduced again to the same condition of poverty , want , and misery , as formerly they were , if the pious and charitable gifts , and donations of kings and nobles , in the ages next succeeding the persecutions , should be taken away , and the ancient patrimony of tithes abated , or subverted by the worldly and covetous practices of them that esteem gaine to be godlinesse . the kytes of satan ( as this author tearmeth them ) have already pulled away many a plume from the church in severall ages , yet thanks be to god , there be some feathers left to keep her from shame and nakednesse , if the sacrilegious humour of the times prevail not against her . and there is the more reason to hope and expect that we may enjoy our portion and tithes quietly , because we have so much lesse then the old priests and levites received from the people : for they had severall tithes and oblations for themselves , for the feasts and for the poor , wherein they did share in a far greater proportion then is now required by the clergy of the gospel . the learned scaliger , selden , and many others do prove apparently by instance of particulars , that the israelites did pay out of their increase of corn much more then a tenth , even almost a fifth part for severall tithes and duties then commanded to them . i will recite mr seldens example , history ca. . § . the husband-mā had growing , bushels in one year . bushels was the least that could be paid by the husband-man to the priests for the first-fruits of the threshing floore . bushels remained to the husband-man , out of which he paid two tithes . bushels were the first tithe paid to the levites . bushels the levites paid the priests , which was called the tithe of the tithes . bushels remained to the husband-man , out of which he paid his second tithe . bushels were the second tithe . bushels remained to the husband-man , as his own , all being paid . bushels are the sum of both tithes joyned together , which is above a sixt part of the whole , namely , nineteen out of an hundred . so that of sixe thousand bushels the levites had in all . whole to themselves : the priests , and the husband-man onely . he yearly thus paid more then a sixt part of his increase , besides first-fruits , almost a fifth : many of no small name , grossely skip in reckoning these kindes of their tithes , saith mr selden . observe how much ( faith chrysostome , speaking of the great maintenance of the levites ) the jews gave to their priests and levites , as tenths , first-fruits , then tenths again : then other tenths , and again , other thirtieths , and the sicle , and yet no man said , they eat , or had too much . the rabbins also reckon . gifts to the priesthood , according as they are set down both by rabbi bechai , and r. chaskoni , on numb . . and so jarchi on gen. . . and in talmud . in the massech , cholin . . f. . pag. in this order : i. the twenty four gifts of the priesthood were given to the priests , twelve at jerusalem , and twelve in the borders : the twelve that were given in jerusalem , are these , the sin-offering , the trespasse-offering , the peace-offerings of the congregation , the skins of the holy things , the shew-bread , the two loaves , the omer , or sheaf , the remainder of the meat-offerings , the residue of the log , or pinte of oyle for the leper , the oblation of the thanksgiving , the oblation of the peace-offering , the oblation of the ramme of the nazarite . and these following are the twelve that were given in the borders : the great heave-offering , the heave-offering , or oblation of the tithe , the cake , the first-fruits , the first of the fleece , the shoulder , the two cheeks and the maw , the first-born of man , the first-born of the clean beast , the firstling of the asse , the dedications or vows , the field of possession , the robbery of the stranger , lev. . . numb . . , . these are the . gifts that belonged to the priesthood . but among these , there is no mention of the first-born of any unclean beast , but onely the asse , and no mention at all of the tithe of cattell . thus a learned author observeth out of the rabbins . all these severall tithes , oblations and duties were paid , not deducting nor accounting their charges and labour of the husbandman ; and yet they among their aphorismes both divine and morall , doe tell us , that as the masoreth is the defence of the law : so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , maighsheroth seag laighsher , that is , tithes paid are the defence of riches : so god promised , mal. . bring ye all the tithes into the store-house , that there may be meat in my house , and prove me herewith , saith the lord of hosts , if i will not open you the windows of heaven , and pour you out a blessing , that there shall not be room enough to receive it . and one notes , that at this day , when they have no temple , nor priesthood : qui religiosiores sunt inter judaeos , loco decimarum , eleemosynam pendunt de omnibus lucris decem aureos de centum , centum de mille : as mr selden observeth in his review , cap. . yea , they paid not onely their tithes , but their first-fruits also , wherein they were so liberall in some ages , that even from the abundance of first-fruits paid by the owners to the priests , there was not a priest in the . courses of them , but might be accounted a very rich , or largely furnished man ; as mr selden observeth out of philo : and that they prevented the officers in demanding of them , paid them before they were due by law , as if they had rather taken a benefit then given any ; both sexes of their own most foreward readinesse in every first-fruit season , brought them in with such courtesie , and thanksgiving , as is beyond all expression ; whereas in these times under the gospel the priesthood is far more excellent then that of the law , and the clergy deserves infinitely more then the old priests and levites : whose employment is not to light candles , snuffe lamps , set bread upon the table , kindle fire , put incense at the altar , to kill , slay , and hew beasts in pieces , but have incumbent onus , even angelis formidabile , if men would rightly understand what they undergoe , or others value what these sustain . they have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the souls of men , which is an office no temporall satisfaction can countervail : accountable to god for themselves and others . their study , labors , after long and chargeable education , in reading , watching , preaching , praying , visiting the sick , are fully expressed by this learned author , cap. . yet the husband-man payeth now but one tenth to the clergy , and no particular tithe for feasts , or to the poor , or other uses , as the israelites did . but the clergy now besides out of their smal receits , bear the burden of tenths and first-fruits to the value of thirty thousand pounds yearly , imposed on them lately , whereas tenths were not annually paid before the h. . ( which statute was repealed by q. mary ) but at some times : but they were a popish invention at the first , and onely of late years , though now continued yearly , and further charges imposed in taxes to the poor , and subsidies to the publique in a greater proportion then by the laity ; provision of arms also , though their tithes and dues are abated and cut short more then anciently , not onely by fraud and false payment , but also by unconscionable small rate-tithes and customes almost in every parish : and also many great estates wholly discharged of tithes , as cistercian lands , and those of the templars and hospitalers , ( who had thirty thousand manours in christendome , whereof a great part were in england ) by the popes pretended priviledges , and exemptions : though we abhorre and detest the pope , yet for our profit we make use of his buls and authority : all which losses and charges are not to be forgotten , though we submit under them patiently , as our saviour christ did to pay tribute , when it was not due , mat. . and this we yeeld unto further , though we have lost almost all the ancient priviledges and immunities , which were formerly granted to the clergy : which were given , that they might be encouraged to attend their studies without distraction or avocation by secular troubles : the ancient kings and parliaments , allowing many freedomes from severall services , impositions , and taxes : as appears by many laws and charters , in the first tome of our english councels , ( see the title de libertatibus ecclesiae ) and by lord coke in the second of his institutes upon magna charta , pag , . where he reckoneth up many priviledges , and how ecclesiastic all persons ought to be quit and discharged of tols , and customes , as avirage , pontage , paviage , and the like , from distresses by sheriffes , and many others : but as he there confesseth , they are now lost , or not enjoyed : though anciently they had more and greater liberties , then other of the kings subjects ; but now no men are more burdened with taxes , and impositions , that we are become in the sight of too many men , as the filth of the world , and the off-scouring of all things ; as the apostle complaineth , cor. . and whereas this author sheweth , ca. . how the habitation of the minister should be as becommeth students , and men of contemplative life , under their own command and solitary . it now happens , that no mens habitation is more troubled with vexations and souldiers quartered upon them . besides the priests and levites had the ransomes of the first-born both of man and beast , great benefit by severall kinds of sacrifices , and head-money paid yearly , and many other perquisites , and to what a sum ( saith philo ) these might amount , may be guessed by the populousnesse of the nation : and further they had . cities set out by joshua , cap. . for their habitations , and two thousand cubites about them , ( each cubit being a full yard ) besides one thousand next the wals for their cattell : whereunto were added . cities more in processe of time , when the number of the tribe was increased greatly , as this author sheweth , ca. . and all this they had , though the tribe of levi was not near a tenth part of the people , which yet is an errour , that hath possest some great names , ( as m. selden well observeth ) they thinking there was such a proportion of the tithes , and the receivers , and have rested therefore fairly satisfied in this , that the levites being one of the ▪ tribes , had the tenths as a competent maintenance to themselves , being near the tenth , that is , being the twelfth part of the people , as if arithmetically the people and the revenues had been divided : but long since the sleightnesse and falshood of this fancy hath been discovered . and clearly had such a proportion of persons , and the name of tenth held ; yet examine all that was paid to the priests and levites in first-fruits , and the severall prediall tenths onely , and it will be neer a fifth part , to omit the cities and suburbs ; but for proportion betwixt the tithes , wee have sufficient testimony in holy writ , that it was far otherwise , for they were onely about a threescore part of the people . and so bellarmine sheweth , tom. . declericis , cap. . — jam igitur addendo levitas caeteris hebraeis , dividendo totum numerum per viginti duo millia , efficiuntur partes divisae sexaginta . ergo levitae non erant pars tertia decimae , sed vix sexagesima totius populi . it is to no purpose to look after any such thing , i rest in this ( saith m. selden ) that it pleased the almighty so to enrich that tribe , which was reserved onely for the holy service in the temple : why he did so , or with what proportion , let him for me examine , who dare put their prophane fancies to play with his holy text , and so most impudently and wickedly offer to square the one by the other . review , cap. . now because the israelites were thus bountifull to their priests and levites , therefore the christians in succeeding times , gave not onely many rich gifts and grants in lands , and severall oblations , but also for the continuall support and maintenance of the clergy by tithes , they made laws that every one should pay a ninth part , besides their tenths , that so they might be sure to pay more then a tenth , with an overplus rather then come short by any lesse quantity : and much to that purpose the learned grotius sheweth , de jure belli ac pacis , li. . ca. . § . lex vetus de sabbatho & altera de decimis , monstrant christianos obligari , nec minus septima temporis parte ad cultum divinum , nec minus fructuum decima in alimenta eorum qui in sacris rebus occupantur , aut similes pios usus seponunt . but this is more fully proved by the learned spelman in his glossary , where he alledgeth and explicateth severall laws of divers kings , which are too many to be here recited , but shall be produced in due time and place . now if any motives will effectually encourage men to pay their dues with a liberall hand and eye , or deterre the hearts of worldly men from keeping back , prophaning or taking away that which hath been setled , given and granted by laws divine and humane , it must be the actions and examples of our saviour christ himself , who plainly discovered his zeal against sacriledge and prophaning of holy things and places , more then against any other sin . for when he began to execute his propheticall office , and reproved all kind of sins among the people , yet he preceeded to punish not any save onely sacriledge , which is very remarkable . he refused to be judge in dividing the inheritance between the two brethren , and he would give no sentence against the woman taken in adultery : but in case of sacriledge himself made the whip , himself punisheth the offenders , himself overthroweth the mony tables , and driveth out the prophaners out of the temple , with their sheep and their oxen , not suffering the innocent doves to remain , though all these were for sacrifice , and but in the outward court-yard of the gentiles : such was his zeal as himself refused not to be the accuser , the judge , and the executioner ; and this not only once but twice , at the first in the beginning of his ministery , recited by s. john , c. . . and at the last neer the conclusion thereof , mat. . . jesus quàm ad sacra emendanda bis conspicuo signo testatum hoc fecit , templum velut sacrorum sedem purgando circa initium , & circa clausulam sui muneris , ut in quo inceperat in eo se desinere ostenderet . grotius in johan . . . and s. hierome accounteth it to be one of the greatest miracles that ever christ did . many men doe account that the greatest miracle that ever christ did , was the raising of lazarus out of the grave , or the restoring of sight to him that was born blind ; that the voice of his father was heard at jordan ; or that at his transfiguration in the mount he shewed forth his glory : but i rather think , the greatest wonder that ever christ did , was , that he being but one single man , and all that time in a contemptible condition , and so vile , that shortly after they crucified him , should be able with a whip to drive out of the temple such a multitude of men , officers , buyers and sellers , and overthrow their tables , seats , and receipts , ( the scribes also beholding it , and seeing their own profit to be overthrown thereby ) and doe such a strange thing , as a whole army of men could not have done it at another time . but his principal end being to cleanse and purge his temple and house of prayer , from prophanation , sacriledge , and abuses , it plainly sheweth us , how odious a sin it is , to be guilty of the like abuses : and what punishment men must expect in his appointed time to follow upon the like offence , though now he doth forbear such miraculous proceedings in these latter days ; when we are directed to search the scriptures so plainly published to us , and to take admonition from former examples , which are recorded for our admonition upon whom the ends of the world are come . some are of opinion lately , that so the clergy may have a competent maintenance , whether it be by stipend , or any way else , it is sufficient provision for them : and because divers have published their opinion this way , here shall be something in answer to them . these men make themselves wiser then god himself , for he required tithes and first-fruits in their kinde , not in money : decimas & primitias tuas non tardabis offerre , exod. . . he could have appointed some shekels of the sanctuary to be paid to every priest and levite , for the maintenance of himself and his family , if that had been the best and most certain means . but the uncertainty of stipends , collections , or payments in money is so great , as would in processe of time bring very great losses and inconveniences , both upon the people in payments , and upon the clergy ; for the change and variations of the standard for money is so great and uncertain in all ages , ( as this learned author sheweth in his glossary in voce , esterlingus & libra — — ) that if an hundred pound according to these times , should be allowed for a stipend to a minister yearly , it may be as much in value as ● . or ● . in the compasse of an hundred years following : as we finde evidently by the experience of the last hundred years past ; and so likewise of every hundred years since the conquest , and before it : which hath happened of late times by the discovery of the west-indies , the trade and commerce thither , and the riches of their mines brought into europe , all which may fail in the next age , or be otherwise diverted , and stopt , beyond the imagination or providence of any man. further , by payment of tithes in kind out of all profits arising by gods blessing on our labours , the clergy doe partake with the people in times of plenty , or suffer with them in extremities , whereas by a certain stipend in mony , they would be far lesse sensible . also the change and alteration of the fundamentall laws of this kingdome touching tithes , glebe , oblations , and other means , which have continued in force above a thousand years , and setled by the common law , will produce many mischiefs , especially to the crown , in payment of tenths and first-fruits , subsidies , pensions , and other taxes , which amount yearly unto many thousand pounds to the exchequer : all which must be abated and lost to the crown ; for no reason they should be paid when the means and maintenance shall be taken away , out of which they arise . besides the impossibility to provide a sure and setled means in every parish to pay a certain stipend in money quarterly to the minister , there can be no caution , provision , or security given or established for payment of money ; for wee see by daily experience that all bonds , conveyances , and securities doe fail often , whatsoever the devise bee for secure payment . no way is comparable to gods own way of giving yearly the tenth part in kinde , of every increasing commedity , and all lawfull profits , as they arise and grow due at severall seasons of the year . as for stipends and pensions , because they have been lately invented in some forain churches , in times of war , great troubles and distractions ; i will mention only one mischief , which is already published in print ; and that is , that the best learned are oftentimes neglected , and put to hard shifts , as in the low-countries john drusius lately a very painfull and learned man , well known for his singular works : he complains in an epistle to joseph scaliger before his commentary on the maccabees , that hee was in want of things necessary ; and elsewhere prayeth unto god to stir up the hearts of the great ones to help him : may heaven and earth take notice ( saith one thereof ) how miserable the condition of the learned is , when tithes the fixed honourary of the priesthood by divine right , are usurped by the laicks , and reward is measured not by true worth , or by the measure of the sanctuary , which was full , running over and double to the common and prophane measures ; but by the ignorant estimate of niggardly mechanicks and their underagents . many more such complaints might be easily alledged out of luther , melancthon , calvin , and others , which i will now forbear : one great reason being that their churches for most part are still under great persecution , miserable wars , pitifully wasted , being never almost quietly composed , nor setled by kings and parliaments , as ours hath been ; for the emperour and many great kings and princes continue papists , and great adversaries to reformation : whereby germany , france , and poland , have most sharply suffered , and lost many thousand churches and ministers , since the the blazing comet . the people being relapsed and inforced to popery for want of ministers : which makes the reverend and learned deodatus , professor at geneva , magnifie the church of england , as the most eminent of all the reformed churches in christendome styling it , florentissima anglia , ocellus ille ecclesiarum , peculium christi singulare , perfugium afflictorum , imbellium armamentarium , inopum promptuarium , spei melioris vexillum , — splendidae domini caulae , — and much more he addeth , speaking of our condition before these troubles . if any demand what success the labours of this worthy knight found among the gentlemen of norfolk , and other places , where he lived long in very great esteem , and publiquely imployed always by his prince and countrey in all the principall offices of dignity and credit , it is very observable to alledge some particular testimonies worthy to be recorded to posterity , and with all honour to their names , who were perswaded presently upon the reading of his first little treatise ( and perhaps upon sight of the larger worke now published , more the like good effects may follow ) to restore and render back unto god what was due to him . and first the worthy knight practised according to his own rule : for having an impropriation in his estate , viz. middleton in norfolk , he took a course to dispose of it for the augmentation of the vicarage , and also some addition to congham a small living neer to it : himself never put up any part of the rent , but disposed of it by the assistance of a reverend divine his neighbour m. thorowgood , to whom he gave power to augment the vicars portion , which hath been performed carefully : and having a surplusage in his hands he waits an opportunity to purchase the appropriation of congham , to be added to the minister there , where himself is lord and patron . next sr ralph hare knight , his ancient and worthy friend in that country , upon reading of the first book , offered to restore a good parsonage , which onely he had in his estate , performing it presently , and procuring licence from the king , and also gave the perpetuall advowson to saint johns colledge in cambridge , that his heirs might not afterwards revoke his grant : wherein he was a treble benefactor to the church , and the colledge hath deservedly honoured his memory with a monument of thankfulnesse , in their library , and also wrote a respective letter of acknowledgement to this excellent knight , to whom they knew some part of the thanks to be due , for his pious advice and direction . sir roger townsend a religious & very learned knight , of great estate in that county , restored three impropriations to the church , besides many singular expressions of great respect to the clergy , having had a great part of his education together with s● john spelman , ( a gentleman of incomparable worth ) eldest son to s henry , and by his directions both attained great perfection and abilities . the like i have understood of others in that country , but cannot certainly relate their names & all particulars at this present , that shire abounding with eminent gentlemen of singular deserts , piety , and learning , besides other ornaments , as cambden observeth of them . in other parts divers have been moved with his reasons to make like restitution , whereof i will mention some : as sir william dodington knight of hampshire , a very religious gentleman , restored no lesse then six impropriations , out of his own estate , to the full value of six hundred pounds yearly and more . richard knightley of northamptonshire lately deceased , restored two impropriations , fansley and preston , being a gentleman much addicted to works of piety , charity , and advancement of learning , and shewing great respect to the clergy . the right honourable baptist lord hicks viscount campden , besides many charitable works of great expence to hospitals and churches , as i find printed in a catalogue of them in the survay of london , restored and purchased many impropriations . . he restored one in pembrokeshire which cost l. . one in northumberland , which cost l. . one in durham , which cost l. . another in dorsetshire , which cost l. he redeemed certain chantry lands , which cost l. and gave pensions to two ministers , which cost l. besides legacies to severall ministers . — the particulars are more fully recited in the survay , to which i referre , pag. . ms ellen goulston relict of theodore goulston dr of physick , a very learned man , being possessed of the impropriate parsonage of bardwell in suffolk , did first procure from the king leave to annexe the same to the vicarage , and to make it presentative , and having formerly the donation of the vicarage , she gave them both thus annexed freely to st johns colledge in oxon : expressing many godly reasons in a pious letter of her grant , to advance the glory of god to her power , and give the world some testimony , that she had not been a fruitlesse observer of those who taught her that knowledge , without its fruit , and that love of christ , without love to his church was but an empty mask of an empty faith . thus with devout prayers for a blessing from god upon those which should be chosen rectors there , she commended the deeds and conveyances of the parsenage for ever to the colledge . and this way doth justly seem the best manner of restitution , it being a double benefit to the church both in providing carefully for the parish , and selecting out of the vniversities able and worthy divines in due time and manner without any corruption , which the colledges are carefull to avoid ; and therefore that course was followed by sir ralph hare already mentioned , by the prudent advise of sir henry spelman : which course if it had been observed by them who lately were imployed in purchasing of impropriations , they had freed themselves from sinister suspitions , by devesting themselves wholly of any profits reserved to their disposing , and might have much advanced the glory of god by diligent preaching , within the campasse of few years : and many would have been perswaded easily to become contributers and benefactors to their purpose . divers colledges in oxon : having been anciently possessed of impropriations , have of late years taken a course to reserve a good portion of the tithe corn , from their tenents , thereby to increase the vicars maintenance : so that the best learned divines are willing to accept the livings , and yet the colledge is not diminished in rents , but loseth onely some part of their fine , when the tenants come to renue their leases . certain bishops also have done the like ; as dr morton , whiles he was bishop of lichfield did abate a good part of his fine to encrease the portion of the minister in the vicarage of pitchley in northamptonshire , belonging to his bishoprick : and so did his successor dr wright , for the vicarage of torcester also in the same shire : which was very piously done , considering what great lands and manours were taken away from that bishoprick among others , and some impropriations given in lieu of them . besides , this present parliament hath taken singular care to augment the maintenance of many poor vicarages , and other small livings : wherein they have proceeded carefully , and have made many additions to severall poor benefices , for the better inabling of the incumbent ministers to be faithfull and diligent in their callings . and while sir hen. sp. lived , there came some unto him almost every terme at london to consult with him , how they might legally restore and dispose of their impropriations to the benefit of the church : to whom he gave advice , as he was best able , according to their particular cases and inquiries , and there wanted not others , that thanked him for his book , promising that they would never purchase any such appropriate parsonages to augment their estates . whereby it appears how effectually the consciences of many men were moved with his moderate and pious perswasions : and himself was much confirmed in his opinion of the right of tithes , which moved him to consign his works of this argument , besides others , to my care , with direction to publish them , as is also expressed in his last will and testament . whereupon i hold my self obliged in conscience and duty to god , and to the memory of this excellent knight , to whom i was infinitely obliged for his instructions , conferences , and favours , which i enjoyed in the course of my studies , many years frequenting his house and company : not to conceal these works any longer from the publique view , but to publish them to the benefit of the church , and servants of god , now especially when prophanenesse hath so licentiously overflowed , and the covetous wretches and mammonists of this world , have begun to withdraw and deny their tithes , muttering that they are popish and superstitious , and therfore to be rooted out , as their language is : wherein yet the parliament hath honourably discovered their zeal and care by their censure and check upon the petition against tithes exhibited in may . and by their ordinance providing for the true payment of all tithes , rights , and dues to the church , as more fully appears therein . wherein they have followed the moderne and ancient lawes , as that expression of the act of parliament , hen. . cap. . that whereas numbers of ill disposed persons , having no respect of their duty to almighty god , but against right and good conscience did withhold their tithes due to god , and holy church : as in that statute is more at large expressed . so in the . tables , sacrum sacrove commendatum qui dempserit rapseritve , parricida esto . it being accounted sacriledge by all laws to take away such things as have been formerly given to god : for so they were given expresly to god : as magna charta saith : concessimus deo — we have given to god , for us and our heirs , &c. so charles the great : we know that the goods of the church are the sacred indowments of god. to the lord our god we offer and dedicate whatsoever wee deliver to his church . cap. car. lib. . so tully anciently : communi jure gentium sancitum est ut ne mortales , quod deorum immortalium cultui consecratum est usucapere possint . so calvin , sacrum deo non sine insigni in eum injuria ad profanos usus applicatur . instit. li. . cap. . § . tithes therefore being consecrated unto god , ought carefully to be preserved in these days , in regard the church enjoyeth not the tithe of the tenth , which formerly it had , and hath also to this day among the papists , who doe not take away from the church , but are ready to restore , as they have done in many countries . contents of the severall treatises and chapters . the larger book of tithes containing these particulars following . the introduction to it . cap. . vvhat things be due unto god : first a portion of our time . pag. cap. the second sort of tribute , that we are to render unto god , that is , a portion of our land . pag. cap. that the portion of land assigned to god must be sufficient for the habitation of the ministers . pag. cap. that christ released not the portion due to god , out of our lands . pag. cap. what part in reason , and by direction of nature might seem fittest for god. pag. cap. concerning the revenue and maintenance of the church , in her infancy , first , in christs time , then in the apostles , in the churches of jerusalem , alexandria , rome , and africa . pag. cap. that the service of the levites was clean altered from the first institution , yet they enjoyed their tithes . pag. § . of templar levites . § . of provinciall levites . cap. the great account made of priests in the old law , and before . pag. cap. when our saviour commanded the disciples should take nothing with them , but live of the charges of the faithfull ; this bound not the disciples perpetually . pag. cap. that many things in the beginning both of the law and the gospel were admitted , and omitted for the present , or reformed afterward . pag. cap. that upon the reasons alledged , and others here ensuing , the use of tithing was omitted in christs , and the apostles time : and these reasons are drawn ab expediente , the other à necessitate . pag. cap. that ministers must have plenty . pag. cap. not to give lesse then the tenth . pag. cap. the etymology and definition of tithes , and why a tenth part rather then any other is due . pag. cap. who shall pay tithe . pag. cap. out of what things tithe is to be paid . pag. cap. that things offered unto god be holy . pag. cap. tithes must not be contemned , because they were used by the church of rome . pag. cap. that the tradition of ancient fathers and councels is not lightly to be regarded . pag. cap. ancient canons of councels for payment of tithes . pag. cap. in what right tithes are due ; and first of the law of nature . pag. cap. how far forth they be due by the law of nature . pag. cap. tithes in the law of nature , first considered in paradise . pag. cap. the time of nature after the fall . pag. cap. that they are due by the law of god. pag. cap. that they are due by the law of nations . pag. cap. that they are due by the law of the land. pag. cap. tithe is not meerly leviticall ; how it is , and how not ; and wherein iudaicall . pag. § . an objection touching sacrifice , first-fruits , and circumcision . § . touching the sabbath day , easter , and pentecost . cap. how appropriations began . pag. § . that after the appropriation the parsonage still continueth spirituall . pag. § . that no man properly is capable of an appropriation , but spirituall men . pag. § . what was granted to the king. pag. § . whether tithes and appropriations belonged to the monasteries , or not . pag. § . in what sort they were granted to the king. pag. § . that the king might not take them . pag. § . of the statute of dissolution , that took away impropriations from the church . pag. § . that the king may better hold impropriations then his lay subjects . pag. an apology of the treatise , de non temerandis ecclesiis . an epistle to m. rich : carew , concerning tithes ▪ a treatise of impropriations by sir francis bigot knight of yorkshire . an epistle to the church of scotland , prefixed to the second edition of the first treatise printed at edinburgh . errata , & addenda . in the introduction , pa. . oweth , r. onely . pag. . quinto r. quinque . p. . cities , r. citizens . p. . abraham , r. abel . p. . t●●tum , r. totum . p. . quaestorum , r. quaesitorum . p. . caeduus , r. arduus . p. . guests , r. gifts . p. . n. f. r. ut ff . p. . peret , r. pe●et . p. . therumatus , r. therumahs . p. . even christian , r. emne christen . some places and quotations are defective in the originall , and could not easily be supplied , which the reader may please to excuse , till further search can be made . in the catalogue of benefactors and restorers of impropriations , there is omitted among others , the right honourable lo : scudamore , viscount slego , who hath very piously restored much to some vicarages in herefordshire : whereof yet i cannot relate particulars fully . dr fell the worthy dean of christ-church in oxon : ( with the consent of the prebendaries ) hath for his short time , since he was dean , been very carefull and pious in this kind , besides great reparations of the decayed and imperfect buildings , and other necessaries of the colledge : in renuing and granting leases to the tenants of impropriations , he hath reserved a good increase of maintenance to the incumbent ministers in divers places : and hath put things into a course for the like increase in other vicarages , as leases shall happen to be renewed . and much more might have been done , if king hen. . had not taken away the goodly lands provided for that colledge by wolsey , giving impropriations for them , by which exchange he was a great gainer . new colledge , magdalen coll : and queens coll : have done the like upon their impropriations , and some others have made augmentations also , whereof the particulars shall appear hereafter , upon perfect information . the introduction . god hath created all things for his glory ; and must be glorified by them , all in generall , and by every of them in particular . the celebration of this his glory , he hath committed in heaven to the angels , in earth unto man. yea the devils declare his glory , and hell it selfe roareth it forth . for this purpose he hath assigned unto man the circuit of the whole earth , to be the stage of this action , and the place of his habitation , whilst it is in hand . he hath delivered unto him the wealth and furniture thereof , to be the materials for performing of it : and the meanes of his maintenance in the meane season . and lest he should want leisure , and opportunity sufficient for so great a busines , he hath commanded the heavens themselves , the sunne , the moone , the starres , yea the whole frame of nature , to attend upon him , to apply their sweet influence unto him : to assist him in all his indeavours , and to measure him out a large portion of time and life for the full accomplishing of this right noble most glorious vocation . it is a rule in philosophy , that beneficium requirit officium . and we are taught by the law of nature , that he which receiveth a benefit oweth to his benefactor , honour , faith , and service , according to the proportion of the benefit received . vpon this rule was the ancient law not onely of england , but of other nations also , grounded , that compelled every man that had lands , or tenements of the gift of another to hold them of his donor , and to doe him fealty and service for them , ( that is , to faithfull unto him , and to yeeld him some kind of vassallage ) though no such matter were once mentioned betweene them ; yea at this day , if the king give lands to any man without expressing a tenure , the donee shall not only hold them of him , but he shall hold them by the greatest and heaviest service , viz. knights service in capite . but god knowing the heart of man , and seeing that man was like those husbandmen in the gospell , which having the possession of the vineyard , forgot their lord of whom they received it ; he thought not fit in wisdome to leave the rights and services due unto him in respect of this his seignory and donation unto the mutable construction of law and reason : but hath expresly declared in his written word in what sort man shall enjoy and hold these his infinite benefits . therefore since our owne reason hath taught us , that we owe no lesse unto our earthly benefactors then homage , fealty , & some honorary and subsidiary rent for the lands and tenements we receive of them ; much more effectually must the same reason teach us , that we owe a farre larger proportion of all these unto god , of whom besides our essence and creation we have received such innumerable blessings . but as ●●d is a prince full of all royall munificence and bounty , so i● he likewise of all abundance & riches : therefore ●●●●●ther needeth nor requireth anything of all that we possesse , as a subsidiary rent wherewith to enrich his coff●rs , or support his estate , but as an honourary tribute towards the magnifying of his goodnesse , and the expressing of our own thankfulnesse . this ▪ to be short , is the sum of all religion . therefore whilst david with admirable strains of divine meditations flieth through the contemplation of all the glorious works of god , and of our duty to him in respect thereof , he breaketh out in every passage of his psalmes with variety of acclamations and invitations to stirre us up to glorify god , not only inwardly by the spirit , but outwardly also , in , and by , and with all worldly things and meanes whatsoever . and not knowing how or where to containe himselfe in this his passion of most blessed zeale , he runneth at last , as he were wild with it , and closeth up his psalter , with psalme upon psalme , six or seven together , one upon the neck of another , onely to quicken and inforce our sluggish disposition to a worke of so great consequence and necessity . it almost carrieth me from my purpose ; but to returne to my selfe , let us see in what way we must glorify god with these externall things that we have thus received from him , and that is , as before we have shewed , in the same steppes that the rules and maximes of his owne law have prescribed . viz. first , that we shall doe unto him homage , that is , true and faithfull service . for it is written ; him onely shalt thou serve . secondly , that we shall be faithfull unto him , as becommeth true tenents , that is , not to adhere to his enemies , the world , the flesh , and the devill , as conspiring with them , or suffering them to subtract , or encroach upon any part of that , which belongeth to god our lord paramount . thirdly , that we shall pay duely unto him , all rights , and duties , that belong unto his seignory : for it is written , give unto god that that is gods. and againe ; give the lord the honour due unto his name , &c. psal. . . for all which we must be accomptants at the great audit : and there lies a speciall writ of praecipe in that case ; redde rationem villicationis tuae , give an accompt how thou hast carried thy selfe in this thy businesse , that is , this his service committed to thee . but omitting to handle the first and second of these great reservations , i have undertaken the last , viz. de reddendis dei deo , of ren dring that unto god that is gods. and in this i humbly beseech his blessed hand to be with me , and guide me , for whose onely sake and honour i have adventured to leave the shore i crept by in my former booke , and now as with full sailes to launch forth into the deepe , upon so dangerous and uncertaine adventure . amen . of tithes . cap. i. what things be due unto god. that that is to be rendred unto god for his honour , out of temporall things granted by him unto man , are by his word declared to be some particular portions of the same things . the things granted unto man be of three sorts , viz. first , the time measured out unto him for this life . secondly , the place allotted to him for his habitation . thirdly , the benefits and blessings assigned to him for his sustenance . out of every of these , god must have his honorary part , as by way of reservation and retribution , in right of his seignory . let us then see what those parts are , and how they grow due unto him . touching the first , which is the time of our life : he hath out thereof reserved to himselfe , the seaventh part ; for it is written , six dayes shalt thou labour , and doe all that thou hast to doe , but the seaventh day is the sabbath of the lord thy god. what other time soever we imploy privately and particularly in his worship , this must generally be performed , and kept both by our selves and our very cattle , for if every creature groane with us , rom. . . it is also just , that they rejoyce with us sometime . but though god be much wronged in this kind , as well as in other his rights , yet since it is confessed of all parts to be due unto him , by the expresse canon of his word , i will not medle with it any farther : only i desire that the abusing of it were severely punished , or at least in such sort as the lawes have appointed . cap. ii. the second kind of tribute that we are to render unto god , i. a portion of our land. the second thing that god hath given unto man is a place for his residence , and that is the earth in generall , and to every nation and family a part thereof in particular . the earth hath he given to the children of men : psal. . . but as he reserved a portion of the time of our life for the celebration of his honour , so hath he also reserved a portion out of the place of our residence . for in ezek. . he commandeth the children of israel , and in them all the nations of the world , that when they come to inhabite the land he giveth them , they must divide it into three parts , one for the people , another for the king , but the first for god himselfe . god must have enetiam partem , as the lawyers terme it , the part of the eldest , or first borne ; for the tribe of the levi ( that is , his priests and ministers ) are called to be the first borne of his people . therefore he saith , when ye shall divide the land for inheritance , ye shall offer an oblation to the lord , an holy portion of the land. ezek. . and by and by he declareth how it shall be imployed , one part to the building of the house of god , and the other part for the priests and ministers to dwell on . and this is no leviticall precept , but an institution of the law of nature ; and in performance of the duty that he was tyed unto by this law , jacob when he was poore , and had not wherewithall to build god an house , yet he sanctified a portion of ground , ( when god had blessed him ) to that purpose , by erecting a stone and pouring oyle on the head thereof , calling the place bethel , that is , the house of god , and vowing to build it , when god should blesse and make him able to doe it : gen. . . which as josephus testifieth , antiq. lib. . cap. . he afterwards performed . and as god commanded the whole nation of the israelites in generall , that in laying out the chiefe city , they should first assigne a place unto god for his temple & priests : so likewise he commanded every tribe thereof in particular , that after they had their portion in the division of the land , they should likewise out of the same assigne unto the levites cities to dwell in , with a circuite , or suburbs of a thousand cubits round about to keepe their cattell in . command the children of israel that they give unto the levites of the inheritance of their possessions cities to dwell in : yee shall also give unto the levites the suburbs of the cities round about : so they shall have the cities to dwell in , and the suburbs shall be for their cattell , and for their substance , and for their beasts : and the suburbs of the city , which ye shall give unto the levites from the wall outward shall be a thousand cubits round about . numb . . , , . in execution of this commandement every tribe of israel allotted certaine cities to the levites , out of their portion , according to the quantity thereof : as appeareth , jos. . . the whole land of promise according as st. hierom layeth it out in his epistle to dardanus , tom. . . containeth in length from dan to bersabe scarce . miles , and in breadth from joppa to bethlem . miles . a small portion of ground for a kingdome so famous ; and so small indeed , as st. hierom there saith , that he is ashamed to tell the breadth of it , lest it should give occasion to the heathen to blaspheme , or deride it : yet out of this small territory ( not so much as the principality of wales with the marches ) fourty eight walled cities ( more then are in all england , as i take it ) were assigned onely for their clergy to dwell upon : their maintenance , and revenues being otherwise provided generally through the whole kingdome by tithes , oblations , and other devotions of their brethren . so that it is apparent both by the law of god , and nature , that god must have one portion of our lands to build him an house on , that is , his churches , and another portion thereof for the habitation of his levites , that is , his ministers . cap. iii. that the portion of land assigned to god must be sufficient for the habitation of the minister . though the portion of land , thus to be rendred to god for his ministers , be not certaine , yet is it thus farre determined , that it must be answerable to the necessity of the service , and to the number of the levites ; that is , there must be churches sufficient for the congregations ; and habitations sufficient for the ministers and their families to dwell upon , with pasture convenient for their domesticall cattell . they must not be pulled from god with secular care , and therefore their maintenance is appointed to arise by other meanes then by tilling the earth ; but their habitation as befitteth students , and men of contemplative life must be under their owne command , and solitary . but what , should the portion of the fruites of the earth assigned them for their maintenance be certaine , as namely the tenth part ; and not the portion of land also allotted for their habitation ? i answer , that as the people encrease , so also the fruite of the earth encreaseth with them , by their industry and labour ; and therefore as the levites encrease in number , so doe the rest of the tribes ; and by reason thereof there is a greater encrease of tithe toward the maintenance of the levite : for the labour of ten men yeeldeth more profit then the labour of five . but when the levites were inclosed within walls , and confined with immutable bounds , this circuite in reason could not alwaies be sufficient for them ; and therefore being so increased as their cities might not containe them , they must of necessity have new places of habitation provided for them . for in such cases god gave a generall rule to the people , deut. . . beware that thou forsake not the levite as long as thou livest in the land. and the people of the jewes in this necessity did not forsake the levites , for before the transmigration to babylon , ( which was about . yeares after ) the leviticall cities ( as appeareth , chron. cap. . and cap. . . were growne to be about sixty eight , viz. twenty more then were appointed by josua . they might not enlarge the bounds prescribed to their cities , but they might encrease the number of the cities , as the number of the levites encreased , and necessity required . the reason is , they might not adde house to house , and field to field , lest growing great in earthly possessions they should forget god , who had otherwise provided for them , then by manuring the earth ; but if they wanted habitations , they might then seeke for new cities , and the care of the people was to provide them for them . one levite might not have more then sufficient for his habitation , but if the cities appointed were not sufficient to yeeld an habitation for every levite , then might they assigne new cities to that purpose . cap. iv. that christ released not the portion due to god out of our lands . the possession of lands is ex jure humano , but the earth is the lords ex jure divino . therefore when he granted the earth to the children of men , and reserved a portion thereof for his service and ministers , this part thus reserved is in him and his ministers ex jure divino . in this right christ calleth the temple the house of god , and saith also , my house shall be an house of prayer . and st. paul saith ; despise ye the house of god ? so that , doubtlesse , god must have houses for his service in all places where we inhabite . but christ had not whereon to lay his head , mat. . . luke . . therefore the ministers must have no houses provided for them : for the disciple is not above his master . christ indeed had not whereon to lay his head : for he came to his owne , and his owne received him not . but doth this prove that ministers should neither have nests in the ayre like birds , nor holes in the ground like foxes ? did not he that made the vineyard in the gospell , build a tower in it for them that dressed it ? so likewise must the ministers that attend upon the vineyard of the church , have their habitations in it . st. paul appointed it so , when he commandeth us to render a portion unto them , 〈◊〉 , of all the good things , gal. . . how have they a part in all , if they want it , in the chiefest of all , that is , in our habitations ? againe he commandeth that they should be hospitales , goodhouskeepers ; how should they be so , if they have no houses to keep ? john baptist lived in the wildernesse ; it is true , and he was commended for it . christ did not so , though he frequented the fields , yet in that he gave no commandement that his disciples should follow him ; for he appointed them to remaine in other mens houses . what ? that they should goe sojourne where they listed ? the commandement hath nothing to the contrary ; but the meaning is thereby apparent , they must have habitations provided for them , or else , shake off the dust of your feet against them , mat. . . as much as to say , let them be accursed . so then our saviour hath not repealed the law of providing for the levites , unto his ministers : he could not give them cities to possesse , for his kingdome was not of this world . but he appointed them to such places , as themselves should choose among the children of the gospell . doeth this differ from the commandement of providing cities for the levites ? doubtles , no : for as the logitians say , conveniunt in eodemtertio . they agree in this , that the ministers must have habitations provided for them , as well in the gospell , as the levites had under the law. oh , but they must have no inheritance among their brethren , for the lord is their portion . numb . . . it is true , the lord hath communicated with them his owne portion , viz. his tithes and his offerings , as he did with the levites ; therefore as the levites had no share in the division of the land , so our ministers must have no share with us in tilling the land , & matters of husbandry , for they are called from secular cares to spirituall contemplation ; but after the israelites had their shares in the land they yeelded portions to the levites for their convenient residence , and so must wee for our ministers . and so still the conclusion is , they must be provided for . which , to shut up the matter , is invincibly ratified by our saviour himselfe , who in sending forth his disciples would not suffer them to take the least implements of sustenance with them , because he would put them absolutely upon the care and charge of the congregation , alledging a maxime of the morall law for warranty thereof , that the labourer is worthy of his hire . mat. . . and therefore into whose house soever yow enter , stay there . mat. . . cap. v. what part in reason , and by direction of nature might seeme fittest for god. it being agreed that some part by the law of nature is due unto god out of all the time of our life , and the goods that we possesse , it is now to be examined how far this law of nature or reason may lead us to the discovery of that part or portion . for which purpose we must for a while lay aside canonicall divinity , i mean the scriptures , and suppose our selves to live in the ages before the law was given , that is , in the time of nature . and then let us propose this question to the sages of that world , and see what answer we are like to receive from them . and first touching this question , what portion of our time or goods were sittest for god. it is like they would have considered the matter in this manner . that god hath not any need either of our time , or goods , and that therefore he requireth them not in tanto , that is , to have so much , and no lesse . but on our parts it is our duty to yeeld unto him as much in quanto as we can conveniently for beare over and besides our necessary maintenance . so that as bracton saith of hyde , that tenants are to yeeld unto their lords , it must be honorarium domino , and not grave tenenti , so much as the lord may be honoured by it , and the tenant not oppressed ; wherein if a second , third , or fourth part be too much , so a twentieth or thirtieth seem also too little . as god therefore desireth but an honourary part , not a pressory : so reason should direct us to give him that part , wherein his own nature with the respects aforesaid is most properly expressed ; for the maxime , or axiome which our saviour alledged , date deo quae dei sunt , give unto god the things that are gods , is grounded on the morall law originally ; and therefore examining among numbers which of them are most proper , and resembling the nature of god , we shall finde that seven and ten above all other perform this mystery , and that therefore they are most especially to be chosen thereunto ; therefore god in the creation of the world following the light of nature , chused the seventh part of the age thereof , as philo judaeus in his book de fabricatione mundi , pag. . hath with singular and profound observations declared . and because it may be demanded hereupon , why he should not by the same reason have the seventh part of our goods also ; i answer , that as touching the time of our life , he giveth that unto us of his own bounty , meerly without any industry on our part : so that whether we sleep , or wake , labour , or play , the allowance thereof that he maketh unto us , runneth on of its own accord ; and therefore we owe him the greater retribution out thereof , as having it without labour or charge . but as for the fruits of the earth we have them partly by our own labour , though chiefly by his bounty ; and therefore he therein requireth his part , as it were with deduction or allowance of our charges , seeking another number be fitting the same . the first place in scripture wherein a priest is mentioned is gen. . . where melchisedek is said to be the priest of the most high god ; there also are tithes spoken of , and paid unto him , v. . abraham gave him tithes of all . the first place also , where an house of god , or church , is spoken of , is gen. . , & . there also are tithes mentioned and vowed unto god , even by that very name whereby parish churches upon their first institution in the primitive church were also styled , that is , by the name of tituli , gen. . . lapis iste quem posui in titulum erit domus dei , & omne quod dederis mihi decimas prorsus dabo tibi ; wherein it seemeth the primitive church at that time followed the translation then in use : for damasus in the life of euaristus bishop of rome , anno . saith , hic titulos in urbe roma divisit presbyteris , tom. concil . . pag. . and speaking after of dionysius , who lived anno . he saith , — presbyteris ecclesias divisit , & coemeteria , parochiasque & dioeceses constituit . tom. concil . . pag. . thus church and tithe went together in their first institution . if there be no mention after of tithes in the scripture till the time of moses , that is no reason to exclude them , for so also is there not of any house of god , or priest : yet no man will deny , but both are necessary , and therefore let them also say , whether they be ex jure divino ; i mean churches and priests before the law and gospel . cap. vi. concerning the revenue and maintenance of the church in her infancy , first in christs time , then in the apostles , by a communion of all things , and submitting all to the apostles ; as in the churches of jerusalem , alexandria , rome , and africa . how the clergy had their allowance given them , weekly , or monethly , per sportulas , in baskets . de jure sportularum , concerning those baskets and the manner of them . when lands were first given . the church goods distributed by the bishops and officers under them . the liberality of constantine and other emperors . the piety and charity of the clergy in spending their goods and means . vvhilest the church was in her foundation , shee had no other maintenance , then the poor private purse of our saviour , supported onely by the almes and contribution of his poor disciples and followers ; for as himself had no house to live in , so had he no rents to live on : being therefore often in want , he was constrained sometimes to use the power of his godhead to supply the necessities of his manhood , and to call the fish of the sea to aid him with money miraculously , mat. . . while the beasts of the land withheld their devotion from him unnaturally ; but whatsoever it was that his godhead blessed his manhood withall , he divided it , as appeareth in the gospel of saint john , . . into two parts ; one for the sustenance of his family , the other for relief of the poor . touching the part assigned to his family , it was not curious , nor superfluous , no not at the great feast of easter , when others were so sumptuous , and profuse , his rule was then , to buy the things they had need of . and touching the provision of his house at other times , we have twice an inventory taken of it , once in matth. . . where it was found to be but five loaves and two fishes ; yea , barly loaves : another time , mat. . . but seven loaves and a few little fishes , for himself and his whole houshold ; twelve apostles in ordinary , besides some servants , and a multitude of disciples hanging upon him extraordinarily . all the beasts of the forest were his , and so were the cattell upon a thousand hils , yet read we not that he once killed so much as a calfe , for the provision of his family : for flesh could not be had but for money , and money going always low with him , he used such kinde of victuals especially , as might always be supplyed unto him by the industry of his disciples from the common storehouse of nature , the sea , without being beholding or burdensome to any man. in this frugality lived our saviour touching his houshold expence , that there might be the greater remanet for the poor : and from this modell of the church in his poor family , was the great frame of the universall church first devised , as well for raising , as disposing of her revenues ; the means of raising them , from the oblations and devotion of the people : the manner of employment of them , for the necessity onely of the minister and poor . thus much doth augustine also declare upon the place alledged out of saint john , tractat. . habebat dominus loculos , &c. our lord had his treasury or bagge , wherein he kept the things that were offered by the faithfull , and did distribute them to his family and such other as had need : then first was the form of church government instituted . the apostles following our saviour exactly , would not be rich servants of a poor master , nor owners of any thing , when their lord himself possessed nothing : holding it therefore not fit for them , aut in imis consistere , sed nec in mediis , they reached at the highest garland of per●ection : and because their master had said , let him that will be perfect , sell all that he hath , and give to the poor ; whatsoever was their own , and whatsoever was given them by others , they cast it all into the common treasury , disposing it by their masters example to two uses onely , hospitality and alms , or works of charity ; in their hospitality they provided for the whole family of the church then living with them at jerusalem , ( out of which arose the great businesse of serving the tables , spoken of in the acts ) all of them jointly caring for every man in particular , and every man particularly applying himself to support the generall . their alms and part assigned to them in necessity , they dispersed fully and faithfully , not onely to the poor of their own town , city , or countrey , but wheresoever through the world the members of christ had need . and so carefull they were in employing these things to the highest benefit and honour of the church , that paul chused rather to live in want , and earn his sustenance with his fingers , then to diminish this blessed portion , by taking his due share out of it . yea , the only thing that the apostles gave so precisely in charge one unto the other , was in every passage , that they should remember the poor , gal. . . act. . . cor. . . as the bowels of christ , the darlings of the church , and those whom god especially had chosen to be rich in faith , and heirs of the kingdome , jam. . . with this mortar ( i mean this blessed theologicall work of charity , which s. paul so highly extolleth above all other ) did our saviour lay the first stones in the foundation of his church , and with it ( to hold uniformity ) did the apostles build the second course , commending the pattern to be for ever after pursued throughout all ages : for whatsoever is built without it , is like stones laid without mortar , which cannot therefore couple together , and grow into an holy temple in the lord , as is required , eph. . . in the succeeding church founded by saint mark , ( the disciple of saint peter ) at alexandria in egypt , the same rule ( used before by the apostles at jerusalem ) was so precisely established , that he thereby drew all christians to follow his example ; insomuch that philo judaeus , a famous author of that time , reporteth that not onely there , but in many other provinces the christians lived together in societies , and he calleth even then their habitations 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , monasteries : saying , that none among them possessed any thing to his private use ; no man was rich , no man poor , but all divided their substance to them in necessity ; disposing themselves wholly to prayer , singing of psalms , to matter of doctrine , and to temperance . come lower down . dionysius corinthius in an epistle to soter bishop of rome , in the year of christ , . congratulateth with him , that the church of rome still continued her ancient use in dispersing her goods in works of charity . it is now growne to be an ancient custome with you , to bestow many benefits upon all the brethren of the church , and to send maintenance to the churches in every city : so that thereby you doe not onely relieve the necessity of the poor , but of the brethren also which are condemned to the slavery of the metall mynes , and by this benevolence of yours , which now you have used to send into all places , even from the first plantation of your church , your selves being romans , have diligently preserved the romans custome instituted by the fathers ; which also your bishop , the blessed soter , hath hitherto kept very diligently ; and by his laborious industry wonderfully advanced : not onely in distributing lovingly unto the saints the goods ordained to their maintenance : but like a mercifull and milde father towards his children , in exhorting the brethren ( which come unto him ) to vertue by blessed and devout perswasions . i report this place at large , for that this use continued exactly in the church , as eusebius reciting it affirmeth , till the great persecution under maximinian , and dioclesian , which began about the year of our lord , . ) being the age wherein eusebius himself lived , as he there also testifieth , lib. . cap. . and that it was not thus in rome onely , but in africa and other churches , it appeareth plainly by tertullian in apologet. cap. . where upbraiding the gentiles with the piety and devotion of christians , he saith , etiam si quid arcae genus est , &c. whatsoever we have in the treasury of our churches is not raised by taxation , as though we put men to ransome their religion ; but every man that will , once a moneth , or when it pleaseth himself , bestoweth what he things good , and not without he listeth ; for no man is compelled , but left freely to his own discretion . that which is given , is accounted as depositum pietatis , the pledge of devotion ; for it is not bestowed in banqueting , quaffing , or gluttony , but in nourishing and burying the poor , and upon children destitute both of parents and maintenance , aged and feeble persons , men wracked by sea , and such as are damned to the metall mines , banished into islands , or cast into prison , professing the true god , and the christian faith . i might thus passe over the first . years of the church , but i desire to make it more apparent how the clergy of those times lived as well for conversation , as for maintenance . the times ( to tell the truth ) were such as had not been from the very creation : times wherein god opened the windows of persecution , and rained bloud upon his church , as he did water upon the world in the days of noah ; and as in the planting of the law , he scourged the enemies of his people with ten famous plagues , so now in the founding of the gospel he tried his children with ten grievous persecutions ; by reason whereof the clergy then aspired so generally to the crown of martyrdome , that they prepared their bodies to this sacrifice by the austerest rules of conversation that they could devise , contemning all worldly pleasure , all curiosity of meat , drinke , apparel , sustenance and necessities , wasting their flesh with abstinence , fasting , thin cloathing , going sometimes barefoot , denying all things to every sense , that it particularly delighted in , applying themselves wholly to prayer and preaching , to support and enlarge the gospel ; and to be short , to doe the work of gods vineyard faithfully in all things and laboriously , as appeareth abundantly in eusebius , nicephorus , socrates , ruffinus , and other ancient ecclesiasticall authors . these are they of whom the world was not worthy , these gained every man his ten talents , and sit now in the first seats of heaven , next unto the throne of the lamb. touching their maintenance , the means thereof arise chiefly ( as appeareth by tertullian , origen , cyprian , and others ) out of the oblations of the people , benevolences , first-fruits , tithes , &c. which being continually offered at the altar , or brought into the treasury of the church , were one while employed in common to the diet and necessities of the brethren and clergy , but at length distributed by portions , first , weekly , as it seemeth by a decree of pius the first , bishop of rome , in the year of our lord , . after monthly , as appeareth by an epistle of cyprian ad clerum , lib. . epist. . to every priest particularly . the manner how this was performed , appeareth not sufficiently in the authors of those times ; but i will recite the places in their own obscurities ; first , touching that assigned to pius , tom. con. . pag. . col. . vt de oblationibus quae offeruntur à populo , & consecrationibus quae supersunt , vel de panibus , quos deferunt fideles ad ecclesiam , vel certè de suis : presbyter convenienter partes incisas habeat in vase nitido , & convenienti , ut post missarum solennia , qui communicare non fuerunt parati , eulogias omni die dominico , & in diebus festis exinde accipiant , quae cum benedictione prius faciat . ex codice quinto librorum , lib. . c. . and cyprian in the place above cited , p. . caeterum presbyterii honorem designasse nos illis jam sciatis , ut et sportulis iisdem cum presbtyeris honorentur , & divisiones mensurae aequalis quantitatibus partiantur : whereby it appeareth that the priests at this time ( which was about the year . ) had every man his allowance delivered monthly per sportulas ; that is , by baskets , whereupon they were called fratres sportulantes , basket-brethren , or brethren that lived on the basket ; and it may be that some understanding the words , as we now use them for an alms basket , could be contented that the ministers lived in like manner at this day . to deliver therefore that sacred and most honourable profession from such base imputation , i hold it necessary to say something of this jus sportularum . sportula , is sometimes used generally for every basket , sometimes particularly for a market basket , or panyer , and because the use among the romans was to cast their market money into this basket , therefore that very mony , and the market meat it self also was called sportula . besides it is taken for a vessell , a place , a portion , or provision of victuals . so sportula salutatoria , or salutantium , was a basket , or messe of meat that the great men of rome by way of congratulation doe give to the cities which came to visit them . martial . lib. . ep. ad flaccum . dat bajana mihi quadrantes sportula centum , inter delicias quid facit ista fames ? and these great men had at the entry of their houses a place of purpose for keeping this kind of provision , to bestow on their friends ; which place was thereupon also called sportula , which iuvenal seemeth to aim at under the name of limen primum , satyr . . — sportula primo limine parva sedet , turbae rapienda togatae . but expresly in his third satyr . nonne vides quanto celebratur sportula fumo ? sportula publica , was a like distribution made upon some notable occasion by the senate and emperors of rome , to the people in lieu of the solemn feastings formerly bestowed on them : which allowances being afterwards too niggardly abridged , domitian ( as suetonius in his life , cap. . reporteth ) sportulas publicas sustulit , revocata coenarum rectarum consuetudine , which martial also remembreth in an epigram to domitian l. . grandia pollicitus quanto major a dedisti ? promissa est nobis sportula , recta data est . sportula nuptialis , signified the wedding feast or provision ; coelius rhodiginus antiq. lect . l. . c. . apud apuleium sportulas legimus nuptiales , quippe ( inquit ) ita placuerat , insuburbana villa potius ut conjungeremur , ne cives denuò ad sportulam convolarent . sportula convivalis is described also by coelius , lib. . cap. . eranon ( inquit est ) quod pluribus differtum occumbentibus sit ; sed ita ut ferat sibi unusquisque quod edat , quod etiam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , dicebatur , id est , sportula . sportula opipara , i may tearm that which is mentioned by tully in his epistles , famil . lib. . ep. . dediscendae tibi sunt sportellae & artologani , where some interpret sportellae , for those meats , quae secundis mensis numerantur , dishes of the second course , and greatest dainties . so that sportula presbyteria was no base thing , but an honourable congiary , or portion of victuals distributed to the clergy , whether by the basket , as the word signifieth , or in vase nitido , as pius appointed it ; and thus much doth the very place alledged out of cyprian intreat , where he saith , sportulis idem cum presbyter is honorentur . what this sportula contained i cannot declare , but alexand . ab alexand. genial . dier . lib. . cap. . speaking of the roman sportula publica saith , in qua frequens obsonium panis , oleum , & porcina caro dari solita est , absque vino ; and domitius in his comment . on the first satyr . of iuvenal , much more fully , ex sportula omnia sibi coemebant , que & ad victum & ad cultum pertinerent . so that , sportula presbyteria , seemeth to be then a cornu copia , that ministred unto the clergy all things they had need of , as well for cloathing , and other necessaries , as for sustenance . for no doubt the people of god did at this time , not onely according to the precept of the apostle , make the ministers of the word partakers of all their goods ; but as abraham did also to melchisedek present unto them , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the very top and chiefest part thereof , following abraham in offering the fat , and abhorring to give the carrion things unto god , like the sacrifice of cain . and that it may be no disgrace to the honourable ministers of the church to live thus , ex sportula , let me note by the way that the kings and princes of the world are likewise said to live ex sportula ; for their exchequer or treasury hath thereupon the name of fiscus : which word as appeareth by ascanius , is all one with sportula . fisci , fiscinae , fiscellae ( saith he ) sportea sunt utensilia ad majoris summae pecunias capiendas , unde quia major summa est pecuniae publicae quàm privatae , factum est ut fiscus pro pecunia publica & inde confiscare dicatur ; a little before he saith , sportae , sportulae , sportellae , munerum sunt receptacula ; and let me also remember that in the easterne empire , the master of the store-house and wardrobe , as well palatine , as ecclesiastical , was called , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , a canistro , vel sportula . touching lands , though the churches at this time had little , yet were they not altogether without any , as appeareth partly by that which eusebius reporteth of paulus samosatenus , that under aurelian the emperour ( i. e. about the yeare . ) he wrongfully invaded an house belonging to the church of antioch . but more amply by the edict of licinius , and constantine , where it is expresly commanded that all lands and places which belonged to the christians , as well for their publique use , as in their private possession , that had been taken from them in the persecution of dioclesian , should be restored to them . platina saith , that vrbane bishop of rome , anno . first instituted , that the church might receive lands and possessions offered by the faithfull , and then sheweth to what end she might enjoy them , namely , that the revenues thereof should be distributed by portions to every man , and that no man should have them to his particular benefit . vrbane himself in the decretall epistle attributed unto him , affirmeth this usage to be more ancient , saying also , that the bishops within their diocese , and other faithfull persons ( appointed by them ) both did and ought to distribute these revenues in manner before mentioned ; adding further that they were called the oblations of the faithfull , for that they were offered unto god , and that they ought not to be otherwise employed then to ecclesiasticall uses , the relief of christian brethren , living together in common , and of the poor people ▪ for that they are the vows of the faithfull , the price of sin , the patrimony of the poor , and delivered over unto the lord for the performance of this work . many account this epistle apocryphall , i will therefore strengthen it with the opinion of origen a father of those times , who in his . homily upon genesis , disputeth it to be utterly unlawfull for the ministers of the gospel to possesse any lands , ( to their own use , for so i understand him ) confessing himself not to be faultlesse herein ; and therefore exhorting others to joyn with him in reformation thereof , he saith , festinemus transire à sacerdotibus pharaonis , let us make haste to depart from the priests of pharaoh , who enjoy earthly possessions , to the priests of the lord , who have no portion in earth , for that the lord is their portion , fol. . col . . and to shew to what end the church enjoyeth her goods , and in what manner they ought to be divided amongst her ministers and poor children , in his . homily upon matthew he saith — opus habemus ut fideles simus pariter & prudentes ad dispensandos ecclesiae reditus , &c. it behoveth us to be faithfull in disposing the rents of the church . faithfull , that we our selves devour not those things which belong unto the widows , and that we be mindfull of the poor ; and because it is written , the lord hath appointed that they which preach the gospel , should live of the gospel ; that we therefore take not occasion to seek more for our selves then our simple diet , and necessary apparell : retaining a greater portion to our selves then that we give to the brethren that are hungry and thirsty , and naked , and which suffer necessity in secular affairs . discreet : as to minister to every man his portion , according to his rank and dignity ; remembring that which is said , blessed is he which considereth the poor and needy , psal. . for it is not sufficient for us , simply to give away the goods of the church ; so to keep our selves clear from devouring or stealing of them , but we must wisely consider every mans necessity ; how he falleth into it , what his dignity is , how he came by it , how much he needeth , and for what cause he needeth it . we must not therefore deal alike with them which were pincht , and hardly brought up in their infancy , and with them who being nourished delicately and plentifully are now fallen into necessi●y . neither must we minister the same things to men and to women , nor like quantity to old men , and young men ; nor to sickly young men that are not able to earn their living , and those 〈◊〉 have somwhat of their own to maintain themselves withall . it must also be considered whether they have many children ; and whether those children be idle , or industrious ; and how far forth they are insufficient to provide for themselves : to bee short , there is great wisdome required in him that would well dispose the revenues of the church , and that by being a faithfull and discreet disposer hee may become an happy man. thus far origen ; to which purpose cyprian also in his epistle to eucratius , lib. . epist. . sheweth that the church maintained many poor , and that her own diet was frugalioribus & innocentibus cibis , sparing and plain , and all her expence , sumptibus parcioribus quidem sed salutaribus , full of frugality , but sufficient for health . the persons by whom this distribution of church goods was made , were chiefly the bishops ( as appeareth by the former epistle of vrbane ) and deacons appointed under them as in the times of the apostles , acts ● . therefore origen in his . homily upon matthew , fol. . col . . taxing the unfaithfull deacons saith , diaconi autem , &c. but the deacons which govern not well the tables of the ecclesiasticall money , ( that is , the goods and revenues of the church ) but doe always purloin them , not distributing that which they give according unto judgement ; and so become rich by that which belongeth unto the poor ; they are the exchangers whose tables christ will overthrow . for the apostles in their acts teach us , that the deacons are governours of the tables of ecclesiasticall moneys , ( or revenues ) &c. and again after , — unusquisque diaconorum . every one of the deacons which gather wealth to themselves by defrauding the poor , let them now so understand this scripture , that they gather no more , lest the lord commeth upon them , and overthrow the tables of their distribution . thus much touching the use of church goods in the first age of the church , or first . yeers of christ : whereby it plainly appeareth , that no ecclesiasticall person enjoyed any thing belonging to the church to his own benefit ; but that the church-men had out of the revenues and goods of the church , so much onely as sufficed for their necessary maintenance in meat , drink , cloth , and such like : the surplusage being faithfully employed to the relief of the poor , the needy , the widows , persons banished for religion , or imprisoned , captives , and christians any way distressed . so that the church exposing all this while the dugs of her piety unto others , did live her self on thistles , and thorns , that is , in want , necessity , and professed poverty . when the flood of persecution had prevailed as many years against the church in the time of the gospel , as that of waters did days against the wicked in the time of noah ; and that constantine like the dove of the ark had brought the olive branch of peace unto the people of god : the church then began to smell the sweet savour of rest , and changing presently her disposition with her fortune , changed also the very policy of her government : before in poverty , now in riches ; before a servant , now a mistresse ; before a captive , now a conquerour . for the noble constantine being miraculously converted to the faith , did not onely free her from persecution , but setled her also in the very bosome of peace , raised her to honours , endowed her with possessions , established her with immunities ; and to be short , poured upon her the fulnesse of his regall munificence . insomuch , that many prudent fathers foreseeing then another evill likely to proceed from hence ; as namely , that her plenty might make her wanton , and forgetfull of her duty , began now to dispute whether it were lawfull for her to accept lands and temporalties , or not : some alledged that the examples of our saviour and his apostles bound them to contemn the world , and to live in a strict and stoick kind of poverty . others conceived that course to be but temporall , and like a medicinall diet prescribed by physitians to their patients in sicknesse onely , not in health : affirming the time to be now come , when it pleased god to crown the long-suffering of his church , with the blessings promised in the tenth of mark , v. . . that since they had forsaken house , and brethren , and sisters , and father , and mother , and wife , and children , and lands for christs sake and the gospel ; they should receive an hundred fold now at this present , with their persecutions , and in the world to come eternall life . i will not argue this point , but letting passe the school-men , will rest my self upon the determination of many ancient councels , fathers , and doctors of the church , who with one consent conclude affirmatively , that the church may hold them . and i think their opinion to be of god , for that it hath prevailed these . years against all the enemies thereof , though the kytes of satan have pulled many a plume from it . to return to constantine ; though he and others by his example did abundantly enrich the church , yet did not the church-men take these riches to the benefit of themselves , and their families , but employed them as before to workes of charity . yea , silvester himselfe , though the sea of these things flowed into his bosome , and were at his pleasure , yet took he as sparingly of them , as if he had been but a little pitcher , suffering the whole streams thereof to run abundantly amongst the children of the church , and poor people , as did also the other fathers , priests , and clergy of that time , who reckoned not otherwise of riches then as dung , which being spread and scattered in the fields of god , might make them the more fertile . for the resolution then was ( as in the age before ) that no church-man might take lands to his private use , nor the church her self otherwise then for works of charity , and the necessary sustenance of her ministers , not to make stocks or portions for them in earth , whose inheritance was in heaven , and that had god himself fortheir portion . therefore prosper a godly father of that time , whose authority is often used in the councel of aquisgrane , disputing the point , concludeth it thus ; if every minister of the church have not a living , the church doth not provide one for him in this world , but helpeth him with things necessary , that he may receive the reward of his labour in the world to come , resting in this life upon the promise of our saviour . to which purpose he applieth the place in the cor. . . what is it to live of the gospel , but that the labourer should receive his necessaries from the place wherein he laboureth ? and a little before him , hierome also in his book de vita monach . cler. instituenda — saith , if i be the lords part and the lot of his inheritance , not having a part amongst the rest of the tribes ; but as a levite and priest doe live of tithes , and serving at the altar , am sustained by the offerings of the altar : having victuals and cloathing , i will be contented herewith , and being otherwise naked , will follow the naked crosse . so in his book de co. virginitatis , having reproved the curiosity of some clerks of that time , he saith also , habentes victum & vestitum his contenti sumus : for as ambrose saith upon esay . tom. . in officio clericatus lucrum non pecuniarum , sed acquiritur animarum . in the function of a clegy-man the gain of mony is not to be sought , but the gain of souls . all these are but particular opinions of some western fathers : hear now therefore the determination of the eastern church assembled in the councell of antioch , anno . cap. . episcopus ecclesiasticarum rerum habeat potestatem , ad dispensandum erga omnes qui indigent , cum summa reverentia , & timore dei ; participet autem & ipse , quibus indiget , tam in suis , quàm in fratrum qui ab eo suscipiuntur , necessariis usibus , profuturis , ita ut in nullo qualibet occasione fraudentur , juxta sanctum apostolum sic dicentem , habentes victum & tegumentum his contenti sumus . quòd si contentus istis minime fuerit , convertat autem res ecclesiae in suos usus domesticos , & ejus commoda vel agrorum fructus , non cum presbyterorum conscientia , diaconorumque pertractet , sed horum potestatem domesticis suis , aut propinquis , aut fratribus , filiisque committat , ut per hujusmodi personas occultè caeterae laedantur ecclesiae , synodo provinciae poenas iste persolvat . si autem & aliter accusetur episcopus , aut presbyteri , qui cum ipso sunt , quòd ea quae pertinent ad ecclesiam , vel ex agris , vel ex alia qualibet ecclesiastica facultate sibimet usurpent , ita ut ex hoc afsligantur quidem pauperes , criminationi verò , & blasphemiis tam sermo praedicationis , quàm hi qui dispensant , taliter exponantur , & hos oportet corrigi , sancta synodo , id quod condecet , approbante . prosper proceedeth further , and will not suffer that a minister able to live of himself should participate any thing of church goods . nec illi qui sua possidentes , &c. for saith he , they which have of their own , and yet desire to have somewhat given them of that whereon the poor should live , doe not receive it without great sinne . the holy ghost speaking of clerks ( or clergy-men ) saith , they eat the sins of my people . but as they which have nothing of their own , receive the food they have need of , and not the sins : so they which have of their own receive not the food ( which they abound with ) but the sins of other men . therefore though the councell of antioch , an. . can. . ordained that the bishops might distribute the church goods , yet would it not suffer them to take any portion thereof to the use of themselves , or of the priests and brethren that lived with them , unlesse necessity did justly require it , using the words of the apostle , tim. . . habentes victum & tegumentum his contenti sumus ; having food and raiment let us be therewith contented . and decreed further , that if the bishops should not be satisfied , but did employ any goods of the church , to their kindred , brethren , or children , they should answer it at the next synod . so likewise touching priests , as the words subsequent imply : and as achilles statius expoundeth it , pag. . for the priests at that time had nothing but by the assignment of the bishops : and if the bishops themselves might take no more then onely for their necessity , we may easily judge what the inferiour clergy might doe . but gregory looking upon thess. . , . where it is said , you ought to follow us , we take no bread of any man for nought ; and that he which will not work , should not eat : applieth these to the clergy , and concludeth that though such kind of ministers have never so much need , yet they must not participate the food of their function or church revenues ; for saith he , pensemus cujus damnationis sit , &c. let us think with our selves how great damnation it is to receive the reward of labour without labour . behold , we ( the clergy ) live of the oblations of the faithfull ; but what ? doe we labour to get the goods and cattell of the faithfull ? doe we take those things for our wages which the faithfull have offered for the redemption of their sins ; and doe we not earnestly labour as we ought to doe , against those sins , by industry of prayer and preaching ? for the next ages of the church , what the authour intended further will bee supplied by himselfe in the . chap. following , collecting out of divers councels severall canons touching tithes : but for our owne church of england he doth abundantly expresse himself in his first tome of our english councels ; out of which see the collections here following , cap. . and much also may be observed out of mr selden in his history , c. . where he sheweth when tithes began to be commanded by laws and synods , and withall giveth the reason out of agobardus a very learned bishop of lions ( as he truly saith of him ) why councels did not at first make canons touching tithes and gifts to the church : which agobardus speaketh touching generall councels ; but provinciall councels did frequently command them , as will appear by the collections following here , cap. . agobardus words are considerable , in his book de dispensatione contra sacrilegos , p. . jam verò de donandis rebus & ordinandis ecclesiis , nihil unquam in synodis constitutum est , nihil à sanctis patribus publicè praedicatum : nulla enim compulit necessitas , fervente ubique religiosa devotione , & amore illustrandi ecclesias ultro aestuante , &c. concerning giving of goods , and endowing of churches , nothing hath ever been decreed in councels , nothing publickly promulgated by the holy fathers , for no necessity required it , the religious devotion , and love of beautifying the churches every where abounding of their owne accord . at first religious christians sold all their lands , goods , houses , and possessions , laying down the money at the apostles feet , acts . . and long after the apostles time devotion and zeal in this kind was so fervent , that there was no need of laws , but when this zeal began to waxe cold in the next ages following , then laws and canons were made more carefully for tithes and maintenance . many kings and princes also were so pious and carefull , that the full tenth should be paid , that they made severall lawes to pay a ninth part , that so they might bee sure to pay more rather then lesse then a tenth : ex propensiori in deum animo ultra decimas , nonas dabant pii : as this authour proveth by very many laws alledged in his learned glossary , which shall be produced in due place and time : and cap. . here following prudently observeth : how many things in the beginning both of the law and gospel , were admitted , and omitted for the present , and reformed afterward : for when the law was given , the wheels thereof could not presently fall into their course ; and so likewise in the new testament , the apostles themselves are compelled to many necessities , and to suffer many things which were reformed afterwards . to which discourse i leave the reader , who may thence receive satisfaction , why laws and canons for tithes and maintenance were not made in the first ages so exactly and carefully as afterwards they were enacted both by temporall and ecclesiasticall powers . but as others also observe for succeeding times ; churches and tithes were both miserably overthrown and lost in most of these western parts of the empire , by the invasion of the barbarous people , hunnes , goths , and vandals , upon the christian world , who first invading italy under the emperour justinian , did miserably spoil and harrow the countrey , persecuted the clergy , pulled down churches , robbed bishops , and colledges , overthrew schools of learning , and committed all sorts of wickednesse : and afterwards they set their face against france , where to oppose them charles martell would not encounter , unlesse the inferiour clergy would yeeld up their tithes into his hands to pay his armies and soldiers : for which sacriledge hee is infamous in the publick histories to this day , especially because he did not restore the tithes to the clergy , according to his solemn promise , after god had blessed him with good successe , killing many thousands in one great battail . this fact of martell was done about the year . chr. and no redresse of it till the councel of lateran , neer five hundred years after , anno . under alexander the third ; and this was the first violence that ever tithes suffered in the christian world , after they left the land of jewry and came to inhabite among christians . but by that foot of charles martell it appears , that the clergy in his time did hold and receive tithes , and doubtlesse by vertue of laws and canons made in former times , ( witnesse the councell of mascon , anno . ) and not so late as about the year . which some doe pretend . for that councell of mascon , can. . doth affirm , and take them as due by authority and laws of ancient times , and also by the word of god , and that they were paid by the whole multitude of christians . so the words of the canon are expresly . leges divinae consulentes sacerdotibus ac ministris ecclesiarum pro haereditaria portione omni populo praeceperunt decimas fructuum suorum , — quas leges christianorum congeries long is temporibus custodivit intemeratas . here is no small testimony as well of ancient practice in paying of them , as of great opinion , for their being due ; saith m. selden , ca. . § . and so spelman , ca. . infra . so also the phrase used in the fourth councell of arles . vt ecclesiae antiquitus constitutae nec decimis , nec ulla possessione priventur ; and other provincials of that time , and laws of charlemain agree with it , saith mr selden ; and those phrases must needs refer back to ancient times . so boniface an englishman , bishop of ments , in an epistle to cuthbert archbishop of canterbury ( spelman concil . p. . ) speaketh of some negligent and unworthy ministers that did receive tithes and profits , but did not carefully perform their duties : wherby it appears that tithes were then paid , though some unworthy men received them . and though the originall right be due to god himself , yet because hee hath assigned over his right to the priests in the old law , and now to the ministers of the gospel , therefore they are to be paid to the priest or minister ; for hee is the steward of gods house , and in this point no man must respect what condition he is of : for the debt is due to his master , not to himself ; so that whether he be good or bad , what condition soever he be of , hee standeth or falleth to his own master , as spelman sheweth , cap. . cap. vii . that the service of the levites was clear altered from the first institution , yet they enjoyed their tithes . there be two sorts of leviticall service : the first instituted by moses about the tabernacle , num. . the second by david about the temple . in the first the levites were appointed over the tabernacle and the instruments thereof to bear it , to take it downe , and set it up , num. . . to serve aaron and his sons , and to do the service of the tabernacle , and keep the instruments thereof , numb . . , , . the levites that belonged to this service in generall were . men , between the age of . and . years , and the chiefest occasion of their service was upon the removing of the host : for better ordering whereof , it was divided amongst them into three parts . the . to the kohathites , numb . . the . to the gershomites . the . to the merarites . first , the kohathites were . men , and their office was about the sanctuary , numb . . . or holiest of all , num. . . under the government of eleazar the priest , numb . . . to bear the ark of the testimony , and all the instruments of the sanctuary . the covering vail , ( which divided the sanctuary and the holiest of all ) the table of shew-bread , the dishes , the incense , the incesecups , the goblets , and coverings to cover it with , and the bread that shall be thereon continually , v. . the candlestick , with the lamps , snuffers , snuffe-dishes , and the oyl vessels thereunto belonging , v. . the golden altar for incense , v. . and the instruments wherewith they minister in the sanctuary , v. . the altar ( of burnt-offering ) with the instruments thereof which they occupy about it , viz. the censers , the flesh-hooks , and the basons , ( even ) all the instruments of the altar , v. . but these being the holiest things , were to bee taken down and trussed up by the priests , some of them in blew silk , some in scarlet , some in purple cloth , all in badgers skins , and the barres and carriages to be put to them by the priests , as is prescribed , numb . . and then the cohathites came and bare them away , but touch them they might not lest they die , v. . nor see them when they were folded up , v. . and aaron was to appoint what part every man should bear , v. . the gershomites were . men , num. . . under the hand of ithamar the priest , the other sonne of aaron . their office was to bear the curtains of the tabernacle , and the tabernacle of the congregation , his covering and the covering of badgers skins , that is on high upon it , and the vail of the door of the tabernacle of the congregation , v. . the curtain also of the court which is neer the tabernacle and neer the altar round about , with their cords and all the instruments for their service , and all that is made for them , v. . aaron to appoint every man his charge , v. . and watch , v. . the merarites were . men , v. . under ithamar also , and they had in charge the boards of the tabernacle with the barres thereof , and his pillars , and his sockets , v. . and the pillars round about the court , with their sockets , and their pins , and their cords with all their instruments , even for all their service , to be reckoned by name ( or inventory ) and the instruments of their office and charge , v. . exod. . and exod. ca. . this was the office and charge of the levites as they were simply levites , and not priests also : and for their service in this kind , were they judged worthy of the tithes of all israel . but when solomon had builded the temple and there setled the ark , the altars , and all the holy implements , this businesse of theirs was meerly at an end : for those holy things were now no more to be carried up and down . david therefore foreseeing it , transposed the levites to new offices ; before they were levites of the tabernacle ; now he maketh some of them levites of the temple , and other provinciall levites : according to which is the speech that josiah useth to the levites : put the holy ark in the house which solomon the son of david king of israel did build ; it shall be no more a burden upon your shoulders ; serve now the lord your god , and his people israel , chron. . . § . of the levites of the temple . the levites of the temple were those that served about the temple , and were ( as i say ) instituted by david , but inducted by solomon . davids bloudy hands might not build the temple of peace , chron. . . he prepared the treasure and stuffe for the building , the men and the manner for the order of the service , ( ib. v. . c. seq . ) but solomon performed the work . the levites of the temple were of two sorts , one levites and priests , the other levites onely : in the function of the priests , he changed little save the place of their service , not the manner ; before they served in the sanctuary of the tabernacle , now he removeth them to the sanctuary of the temple . but to avoid confusion ( because the posterity of aaron was by this time ( that is , in . years ) exceedingly multiplyed ) he divided the priests into . ranks or courses , according to the names of their families , as you may read , chron. . . appointing them their turns and times of attendance , which as it seemeth , chron. . . ( and as * josephus explaineth it ) was from one sabbath to another , therefore the greek translation calleth these turns or courses , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which theophylact saith is , hebdomia , a week : hereupon zacharias is said to be of the rank or course of abiah ( which was the . rank ) and to execute the priests office , and burn incense as his turn came , luke . the other levites of the temple ; that is , those that were simply levites and not priests ; namely , such as descended not of the line of aaron , he divided into . parts : one to be singers ; another to be porters , and take the charge of the gates of the temple ; the third to be keepers of the treasury . the singers to be divided as the priests , into . ranks or courses ; the porters into . parts , one part to every of the . gates of the temple , and the fifth to asuppim , i. e. the councell-house . their treasury was generally committed to one as the chief , but under him , to . sorts of other officers , one to keep the treasures of the house of the lord , ( that is , that were given to the maintenance of the temple ) v. . and the other to keep the dedicate things , v. & . but i finde that the treasury was divided into . parts : one called mesark , wherein were laid up donaria principum , the gifts of kings and princes ; the second corban , in which were donaria sacerdotum , the offerings of the priests ; and the third gazophylacium , pro donariis transeuntium , for the offerings of the people in generall , into which it seemeth the poor widow cast her mite . * josephus saith that with this office of the treasury , as the most eminent , david honoured the off-spring of moses . § . of the provinciall levites . the provinciall levites are those whom he severed from the temple , and placed abroad in the country to be rulers over the people , both in matters pertaining to god , and the affairs of the king , that is , spiritually and temporally ; some to be judges , some to be other officers in the common-wealth : . of them he set on the west-side of jordan , and . on the east-side , chief fathers , and all worthy men , chron. . . & . josephus counteth the levites of this kinde with their scribes , as he calleth them , to be . whereby it appeareth that the sect of the scribes belonged to the judges . thus david made a new form of the service of the levites , far differing from the first : yet the tithes appointed to the first , remained over to the second sort : and those that medled not with the temple and holy things , namely , the provinciall levites , had their part in the tithe as well as the templar levites ; and therefore as the alteration of the service , whereto they were first ordained , took not away the wages allotted to them : so the second alteration of their service , namely , this of the gospel , ought not to take from the levites thereof , our ministers , the tithe before paid to the two former kind of levites ; i mean them of the tabernacle , and of the temple . the templar levites were delivered from bearing the burden of the tabernacle , and yet had the tithes ; therefore the levites of the gospel must have their tithes , though they be delivered from bearing the burden of the law , and ceremonies thereof . though this distinction of templar and provinciall levites may seem new to some men , yet it is plainly grounded upon the text , and is very materiall to be observed for many purposes . at first whiles the number of the levites and priests was not very great , they all attended at the tabernacle at shilo , first , or elsewhere : but when the temple was built by solomon , and that tribe greatly encreased , they attended by courses , ( which was before designed by david , chron. , &c. ) and then it fell out but one week in an half yeer to each to attend at the temple : for the priests being divided into . courses , and so likewise the levites into . no course could come oftner about , then once in . months , or a week in every half year , which indeed was their usage , as josephus sheweth ; and so scaliger and salianus , with other accurate chronologers . now the whole tribe being so mightily encreased in davids time , as that there were . thousand levites besides the priests , chron. . . magnus sanè numerus pro isto populo , ut facilè intelligas multos ornatui magis serviisse quàm necessitati : as grotius there saith . therefore god employed them for many uses more then to attend at the temple : some were designed for other employments in the common-wealth , and they applied other studies , as being the chief men for nobility and dignity , and also for learning and knowledge in that common-wealth . cum pingue haberent otium , non tantum omnia legis , sed & medicinae , aliarumque artium diligentes ediscebant , ut & aegyptii s●●erdotes , ideoque primis seculis , ex illis , ut eruditioribus senatus . virûm legi maxime solebat . grotius in deut. . there was no other academy or school then in the whole world , but at the temple among them , where the knowledge of gods law , or learning in any kinde could bee gained : the administration of law and justice throughout the kingdome depended on them principally ; for god made his covenant with levi of life and peace . the law of truth was in his mouth . the priests lips should preserve knowledge , and they should seek the law at his mouth : mal. . , , . and so ezek. . . they shall teach my people the difference between the holy and prophane , and cause them to discern between the unclean and the clean : and in controversie they shall stand in judgment , & they shal judg according to my judgements : and they shall keep my laws , and my statutes in all mine assemblies : they being the principall judges and lawyers in that common-wealth of gods own constitution . and whereas it is now granted on all hands , than there was . courts of justice in that kingdome ; . the great councel of . elders ; . the court of judgement consisting of . . the court of three , or some few more : the priests and levites were principall men , both judges and officers in all courts , scophtim & schoterim , as chron. . . both to give sentence and judgement , and also to execute the same : so the divines doe affirm also in their late annotations , upon chron. . , . and chron. . . . they did study the judiciall and politique laws , and had power to see the law of god , and injunctions of the king to be observed , and to order divine and humane affairs . and they held also other honourable offices : for we read that zechariah a levite was a wise counsellor . and benaiah a priest , son of jehoiada , was one of davids twelve captains , being the third captain of the host for the third month : and in his course consisting of . was his son amizabad : benaiah was also one of davids principal worthies , having the name among the three mighties . he was also captain of the guard to david , and after the death of joab , hee was made lord generall of the host , by king solomon , in joabs room , kings . . and because some have doubted whether they were imployed in the administration of justice , it is more clearly of late evinced then formerly hath been : for besides sigonius , bertram , casaubon , moulin , and divers others , the learned hugo grotius , in his annotations upon matthew , cap. . . hath very accurately proved it out of the text , josephus , & philo , and other monuments of the jews ( whose testimonies at large i cannot now recite ) that there was no distinction , nor division of the courts of justice , the one ecclesiasticall , the other civill , but the courts were united , and the priests and levites , the principall judges and officers in every court , to whom the people were to be obedient upon pain of death , deut. . . they being appointed to hear every cause between bloud and bloud , between plea and plea , and between stroke and stroke , being matters of controversie within thy gates ; and as our lawyers call them , pleas of the crown , and common pleas , or whatsoever else did arise among them . the provinciall levites were especially appointed to the courts of justice , and also the templar levites , when they had performed their courses , ( and went home to their own houses ) being but one week in half a year , were at very good leisure to assist the people in every tribe , where their cities were allotted to them , in governing , ruling , and directing in all matters pertaining to god and the king , chron. . . . for which purpose god did scatter them in every tribe , and turned the curse of jacob into a singular blessing , to be divided in jacob , and scattered in israel , appointing . to be on the west-side jordan , and . on the east-side . the ancient frame of our common-wealth , for . years before the conquest , was thus disposed and governed , as this learned authour sheweth fully in his glossary and councels ; and happy had it been if things had so continued still : but now the law being otherwise setled , and the courts divided , it is not safe , or easie to make alteration . comes praesidebat foro comitatus , non solus , sed adjunctus episcopo ; hic ut jus divinum , ille ut humanum diceret ; alterque alteri auxilio esset & consilio : praesertim episcopus comiti , nam in hunc illi animadvertere saepe licuit & errantem cohibere : idem igitur utrique territorium , & jurisdictionis terminus : glossar . spelman . the bishop and earl of the county were joynt magistrates in every shire , and did assist each other in all causes and courts ; and so mr selden in his history , cap. . § . by this means there was great union and harmony between all judges and officers , whereas there is now great contention for jurisdiction , and intolerable clashing in all courts , by injunctions , prohibitions , consultations , and crosse orders to the great vexation of the clients and subjects . the division of courts seems to have proceeded first from pope nicholas . as is mentioned in gratian , can. cum ad verum . dist . about . years before the conquest , which was imitated here by william the conquerour , whose statute is recited and illustrated by spelman in his glossary and councels , and lately also published by lord cook , lib. . institutes , cap. . but the further proof hereof will require more then this place , or occasion will bear : onely thus much was necessary to be mentioned and asserted in regard of explication and reference to many passages in this book , and also other parts of his works , which perhaps are not obvious , or well observed by every common reader . vide glossar . domini spelman . in diatribis de comite ; de gemottis ; de hundredo , &c. & concilia passim . cap. viii . the great account made of priests in the old law , and before . priesthood is of . sorts . . that before the law. . that of the law. . this of the gospel . the first belonged to the gentiles , the second to them of the circumcision , the third to us under grace . the third came in lieu of the second , and the second rise out of the first , which was from the beginning , and the work of nature : for as origen saith , naturall wisdome required and established it : abel and cain , before the priests office , by the instinct of nature , not by commandement , when each of them sacrificed , or made an oblation unto the lord , gen. . . their outward senses reported to them continually the great mercies that god had shewed unto them : and their inward taught them presently , that they must be thankfull , and what course was fittest to expresse their thankfulnesse ; namely , to honour him that gave all , with somewhat of his own ; i say to honour him with it , not to reward him : therefore both of them ( as it is said in gen. ) offered of their fruits ; cain like a churle , his fruits simply , that is , his ordinary and lean stuffe : but abel like a prince , his first-fruits , that is , his best fruits , namely , the fat , &c. gen. . , . thus was priesthood instituted , corrupted , and reformed even in the beginning . cain ( for ought that here appeareth to the contrary ) began it , and likewise corrupted it ; abel continued , and reformed it : but some rather think ( and so saith hugo ) that adam taught it to his children : and this to me seemeth more likely , that the better function should be derived from the better man , and not from the bloody mind of murdering cain . from this fountain it ran under ground ( i mean unspoken of ) till the time of noah , and then breaking forth again , did shew it self more perspicuously in his person , for he not onely offered an oblation , which he learned of his ancestors , but offered it also upon an altar , which he taught his successors . by this example of noah , the exercise of sacrificing grew common ( no doubt ) with the people of that time , and after in the confusion of languages to be dispersed through all nations , who losing their originall faith with their originall tongue , and falling so to idolatry , applied this holy function to the worship of idols and devils . amongst which , notwithstanding , ( as here and there an ear of wh●at , in a field of thistles ) god had his servants , who from time to time , and age to age , traducing this holy mystery ( as sacred fire ) to posterity , kept it ever in the originall integrity . besides the regall priest melchisedek , such were abraham and job , whom though the scripture intituleth not with that name , yet it testifieth that they used the function , which seemeth then to be ordinarily , though the scripture mentioneth it not ; for young isaac could talk of the fire , and wood , and ask where the lamb was for the burnt-offering , gen. . before abraham had made the sacrifice there spoken of . but abraham being first a gentile , and after the authour of circumcision , brought the mystery of sacrificing , and thereby of priesthood ) from the gentiles to them of the circumcision ; so that ( saith jerome ) the gentiles received not priesthood from the jews , but the jews from the gentiles . cap. ix . when our saviour commanded that the disciples should take nothing with them , but live on the charges of the faithfull ; this bound not the disciples perpetually . vvhen our saviour prescribed his disciples to take nothing with them , but to live at the charge of them into whose houses they entred ; this was a law to bind the faithfull to provide for the minister , but not to bind the minister to live so , and no otherwise ; for though at this time he commanded them to take no scrip with them , ( that is , no necessaries ) yet after he saith ; but now he that hath a scrip let him take it , luke . . so likewise he willed them to salute no man , yet it was not his meaning , that afterwards they should be so uncourteous . if this had been a legall commandement to the disciples , then might they not vary from it , nor live in any other sort without sinne . but paul and barnabas left this course of maintenance and lived upon the labour of their hands , therefore this was no binding commandement , but as a charter of liberty and power granted to the disciples . they might both use and exact it , if they would , or they might discedere de jure , and leave it if they listed . s. paul , cor. . largely handleth this point , and concludeth it to the purpose we alledge : so ( saith he ) the lord ordained that they who preach the gospel should live of the gospel , v. . but i ( quoth he ) have used none of these things , neither write i these things , that it should ( thus ) be done unto me , v. . by which words , saith s. austin , it appeareth that our lord commanded not in such sort , as they which preached the gospel , might not live otherwise then by that that was ministred unto them by them to whom they preached it : for then ( saith he ) the apostle did against this commandement , that got his living with the labour of his hands , lest he should be chargeable to any . but our lord ( saith he ) gave them power to doe it ( if they would ) that thereby they might know that these things were due unto them . and again , a little after he addeth these words ; therefore when the apostle saith , that our lord so ordained , but for his part he used it not , he sheweth manifestly , that power was given them to use it , ( if they would ) but no necessity imposed of doing it , ( if they would not . ) and from this distinction is the reconcilement drawn of these two places in scripture , which otherwise seem contrary , mat. . . and luke . . say both , that our lord commanded that the disciples should not take , no not a staffe with them : but mark . . reporteth it , nothing save a staffe onely . saint augustine therefore in the first place understandeth it literally , not so much as a staffe to stay or uphold them : but in the second place figuratively , for power and authority , as if the speech had been , take no kind of necessaries with you , no not so much as a staffe to stay you , save onely the staffe of authority that i now give you . and in that our saviour left these things to the choice of the disciples and ministers , he made them lords and free-men , for necessity imposeth bondage ; therefore paul and barnabas shewed not onely their freedome in not using that that lay in their power , but the noblenesse of their mind also that would depend upon no body ; and hereby we must not judge them to have no right to tithes , because they omitted them also . cap. x. that many things in the beginning both of the law and the gospel were admitted , or omitted , for the present , or reformed afterward . as painters in the beginning of their work , use rude colours , and unperfect lines , for their present direction ; so in all great mutations , many things are for the present admitted , or omitted , which future time shall have just occasion to reform . this in humane actions is so common , as needeth no instance : but insomuch as the holy rites themselves are not free from it , neither in the old , nor new testament , i● is necessary for the point in hand to shew some examples thereof . i observe therefore three kinds of alterations , . admission of things prohibited . . omission of things commanded ; and . reformation of things established . touching the first point ; plurality of wives was forbidden , yet after lamoch had broken this institution , the children of god were permitted also to doe it . so likewise was divorcement : yet moses tolerated it . none might sacrifice in the high places , or under green trees , but onely in the tabernacle , deut. . . yet till the building of the temple , god often accepted it , as of gedeon . the priests onely might eat the shew-bread , yet david and his followers did eat it also upon necessity . on the other side , things commanded were omitted for a time ; for when the law was given , the wheeles thereof could not presently fall into their course . circumcision it self was not used during all the . years travell in the wildernesse , and happily had never been revived , if god had not commanded joshua to circumcise the children of israel the second time , jos. . . yea , the great ceremonies of sacrifices and oblations slept all that while , the people offered to idols , and aaron with them , but from the first sacrifice that aaron offered , at the entring into the wildernesse , lev. . . &c. not one altar breathed unto the lord in . years , amos . . even moses himself was buried in this sleep . how the passeover and other feasts were celebrated appeareth not , they are seldome mentioned , and may seem therefore seldome kept . one passeover at the going out of aegypt , exod. . . another in the wilderness of sinai , god then reviving that commandment , numb . . . &c. after by joshua at gilgal beyond jordan , jos. . . and from that day till the . year of josias , ( that is , above . years ) all are passed over as obscure , except one in the time of solomon , chron. . . and kings . . but i must not conceal that moses omitteth the history of . years travail in the wildernesse , reporting onely the punishment of him that gathered sticks on the sabbath day , numb . . . and therefore in that time whether it were kept or not , we can conclude nothing : but it is plain that before ezekias his days it was so utterly lost , that when he came to renue it , it seemed meerly a new thing , chron. . and all this time also , was both the temple forlorn and shut up , and all the holy rites almost extinguished till he renued them , ib. for the point of reformation ; the levites were by moses assigned to the tabernacle ; the priests to the altar , but both of them confusedly without distinction , and yet so they continued till the time of david : who to reform this confusion , divided them into ranks , allotted a part of the service to every rank , and assigned to them of the ranks times of attendance , and intermission , chron. , , , . cap. upon which it is said that zacharias was of the course ( or rank of abia ) and executed the priests office , as his course or turn came in order , luke . , & . some things also that were never commanded were brought into the old law afterward , and well accepted , as the act of fasting , and the habit thereof , sackcloth and ashes . the brazen serpent was set up by gods own commandement , numb . . . yet when the people burnt incense to it , ezekias brake it in pieces , kings . . without any commandement . none might slay the burnt-offerings but the priests , but when they were too few , and till more were sanctified , the levites did it , chron. . . likewise in the new testament , the wheels of the gospel were not by and by in their course . the apostles themselves are compelled to the same necessities . first , to admit many ceremonies abolished , for if they struck at them all at once , they drive all the jews from the doctrine at once ; again , if they imposed them upon the gentiles , the gentiles repined at the burden : to carry the matter therefore as even as they might , they call a councell , and consulting upon it , they write to the gentiles , that they purposed not to burden them but with these necessary things , viz. to abstain from things offered unto idols , and bloud , and that that is strangled , and from fornication , acts . . by which the gentiles could not complain of being burdened with ceremonies , nor the jews that their ceremonies were contemned . in like sort saint james and the elders at jerusalem seeing many thousand jews to beleeve , and yet to be zealous of the law , ( act. ● . . ) they not onely tolerated it for the present , but perswaded saint paul ( comming thither ) to doe the like , and further to make a shew also that himself observed the law : whereupon as before he had circumcised timothy in shew of keeping the law , acts . . so now he also personateth a nazarite , he is purified , and he is shaven ( as one already ) at cenchrea , act. . . and . . thus the apostles applied themselves to the necessity of the time , the place , and the persons : thus paul becommeth a proteus , a jew to the iews , a gentile to the gentiles , weak to the weak , all to all , and all this to gain all them to christ , cor. . . in the mean while , many things required to the establishing of the church , must needs be omitted ; the main matters they uphold unto death , but the secondary and remote dependances they refer to opportunity : therefore they by and by pressed no man with keeping the lords day , and though themselves began by little and little to sanctifie it with breaking of bread , and preaching , acts . . cor. . . yet the first mention of it is above . years after the passion of christ in acts . . and i suppose it to be begun about that time , because i finde that till that time the apostles used the iudaicall sabbath , but never after , through all the new testament ; and the reason why they then used it was , for that the greatest assemblies being on that day in the temple and synagogues of the iews ▪ therefore they resorted thither , there they preached the gospel , there they taught the people , as if themselves had celebrated that sabbath . and as it was long ere they brought in the lords day , so in matters more remote and outward , matters belonging to the body , they were lesse curious ; therefore though they laboured hard in the lords vineyard , yet they required no wages of any man. and though paul prescribed that bishops should be good housekeepers , yet few or none of them were owners of houses , but rather as fugitives to escape persecution , or as pilgrims to preach the gospel . if the law that was given in a solitary place , to a people sequestred from all other , and at union amongst themselves , and having no publique nor potent adversary to hinder the course thereof ; if they i say , could not preserve it in the originall integrity , much more of necessity must the establishment of the gospel be impeached and turned out of the course thereof , it rising in the midst of the enemies , in the flame of persecution , and with the opposition of the greatest potentates in every region . it must therefore have the greater need of sundry reformations : some of the first lineaments must be wiped out , some altered , & some as occasion served must be added or amended ; the iudaicall ceremonies that for many years together were permitted in the cradle time of the church , must be taken away : paul that then suffered them , now suppresseth them , col. . gal. . ca. . c. . and the holy ghost throughout all the epistle to the hebrews , beateth them down for ever . thus as old branches be cut off , so some new be ingraffed ; the lords day , the feasts of easter and whitsontide , not spoken of in the beginning , are brought in at length . deacons are ordained presently after christ , act. . . but no bishops in . years after , nor were they then particularly ascribed every one to his limit , but many together over one city , as at ephesus , act. . . so women at first were admitted to be deacons , but time afterwards wore them out . christ commanded his disciples that they should not goe from house to house , but paul saith , i have taught you openly , and from house to house , acts . . to conclude , all could not be suddainly done , nor compendiously written , that belonged to the government of the church , therefore the apostles left much to the wisedome of the church , under this generall commission , let all be done in order , cor. . . a few words , but of great extent , like that of the dictators at rome , which being but two words , providere reipub : gave them authority over every thing . cap. xi . that upon the reasons alledged , and other here ensuing , the use of tithing was omitted in christs , and the apostles time ; and these reasons are drawn , one ab expediente , the other à necessitate . the greater matters thus quailing as aforesaid , it could not bee chosen but things of lesse importance must also be neglected ; especially such as were outward , and concerned onely the body , amongst which the use of tithing was likewise discontinued , both in the apostles time , and in the first age of the law , when the great ceremonies of circumcision , sacrifice , and oblations , the passeover , &c. and many other holy rites were suffered to sleep . but some will say , god strictly exacted not these things till the place he had chosen was prepared for them , that is , till the building of the temple ; as it is true in part touching the old law , so is it likewise true in the new law : and that therefore christ and the apostles exacted not the payment of tithes in the first pilgrimage and warfare of the gospel , but referred them amongst some other things till the church were established ; for as solomon saith , every thing hath his time , and the time was not yet come , that the church should demand her owne , lest with martha , shee seemed curious about worldly things , rather then as mary to seek the spirituall . when the kingdome was rent from saul and given to david , david by and by sought not the crown , but life and liberty : so the priesthood being rent from levi and given to the church , the church by and by required not her earthly duties , but as david did life to grow up , and liberty to spread abroad ; for love ( saith saint paul ) seeketh not her own , cor. . . and should then the mother of all love ( the church ) be curious herein , especially when her necessities were otherwise so abundantly supplied ? saint paul maketh it manifest ( cor. . throughout ) where he sheweth , that very much liberty , and great matters were due unto him in respect of his ministry , yet he concludeth , i have not used this power ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) but on the contrary part suffered all things , ibid. v. . and again , v. . i have used none of all these things ; but why did he not use them , since they were due unto him ? his reason is , that we ( as though he spake in the name of all the apostles ) should not hinder the gospel of christ , ibid. v. . but why should the taking of that was due unto him hinder the gospel ? because the malicious backbiters would thereupon report that he rather preached it for gain , then of zeal , and so abased his authority in the gospel , ib. . wheras by this course of taking nothing for his pains , hee made it , as he saith , free , ibid. and stopped their mouths . thus it is evident , that the apostles not onely neglected , but absolutely refused even the things that they certainly knew to belong unto them . another reason why the apostles received no tithes , drawn à necessitate . the very condition of the church in the time of the apostles could not suffer them to receive tithes ; for as the levites received them not in their travell , and ways , but when they were setled , and the temple built : so the apostles being altogether in travel through all parts of the world , and in continuall warfare with the enemies of the gospel , one while in prison , another while in flight , always in persecution , much lesse could they look after tithes , which also were not to be paid as they needed them , but at the times and places onely , when and where they grew to be due , and ere that time came , they that were to receive them , were in another countrey many hundred miles off : for example , the holy ghost saith that peter walked through all quarters ; acts . . one while at lydda , ib. another while at joppa , ib. v. . first at jerusalem , after at antioch ( in syria ) gal. . . then at babylon in aegypt , * pet. . . paul and barnabas being at antioch , aforesaid , or sent forth by the holy ghost , first to seleucia in syria , then to salamis and paphus in the isle of cyprus ; after from thence to perga in pamphilia , so to the other antioch in pisidia , acts . after to iconium , lystria , derbe , the parts of lycaonia . so again , to antioch in syria , thence to jerusalem , and presently back to the same antioch , where paul and barnabas breaking company , barnabas with mark saileth to cyprus ; paul taking silas , travelleth through syria and cilioia , confirming the churches . then he commeth to the countries of phrygia , galatia , mysia ; from whence being called by the holy ghost , he leaveth asia , and passeth by samothracia into europe ; preacheth at philippi , a city of macedonia , furthest north-ward of all greece : then back again , and up and down asia to jerusalem again , and from thence at length to rome ; reade acts . , , . cap. i will not speak of that , theodoretus , and sophronius the patriarch of jerusalem affirm , that after his first imprisonment at rome he preached the gospel to the britaine 's our countrymen , for happily he might doe that at rome . but to come to the rest of the apostles , bartholomew ( as jerome witnesseth catalog . script . eccles. tom. . ) goeth to the indians , thomas to the medes , persians , hyrcanians , and bactrians , matthew up and down aethiopia , every one of them one way or other , to carry the sound of the gospel through all the world , psal. . i ask now what these men should have done with their tithes ? where they should have placed their parsonage or rectory ? where their cellar for their tithe of wines ? where the tithe barn for the corn ? or if they had had such places , how should they have been defended à fisco ? how frō the rapine of their persecutors ? our saviour sending his disciples but to the neighbour towns of iudaea , would not suffer them to encumber themselves with carrying any thing . and therefore the apostles had great reason to eschew all impediments in these their turbulent and long peregrinations . cap. xii . that ministers must have plenty . those that would have ministers live of alms and benevolence , make their reason , that they must follow the example of christ and the apostles ; but by the example of christ and the apostles they are taught to abound in all works of charity themselves , to feed the hungry , to cloath the naked , lodge the harbourlesse , &c. and how shall they perform this , living in want ? . did christ feed at one time , joh. . . mat. . . above . at another time , mat. . . and even herein are his ministers bound to follow him , not in the miracle , but in shewing like mercy and compassion : for he saith not , i desire to doe a miracle , but i have compassion on this people , mat. . . and therefore lest his mercifull disposition toward them should be unprofitable ( wanting then other means ) he chose rather to perform it by a miracle , then to leave it undone ; yet to shew that all ordinary means must first therein be used , as far as it may be , he neither called for manna from heaven , nor quailes from the sea , ( exo. . . numb . . . ) but beginneth the feasts by ordinary means , the one with . loaves and . fishes , the other with . and a few little fishes . in which example of charity and hospitality , the ministers i say are bound to follow him as far as they can ; for the commandement is , sequere me , follow thou me , mark . . & cap. . . ioh. . . and if the minister be not able to follow him for worldly wants ( as the galatians would have given paul their eyes , so ) the congregation must give him their legs , that is , means and faculty to doe it : for the arm of working of miracles is now taken from our mother the church , and therefore her children must now strengthen her hand the more abundantly to work by ordinary means , that is , they must furnish her with worldly necessaries , whereby she may be inabled to perform these great works of charity required of her . paul commandeth that the bishops should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hospitales , good housekeepers , and how should they be so , if they have not provision and means to maintain it , and that in a certain manner ? for if themselves be fed at the trencher of benevolence , what assurance have they of a dish of meat for their poor brethren ? the heavens themselves are unstable ; now it raineth , and wee have abundance , then commeth drought , and all is in scarcity . the humour of man is as variable ; the people of lystra that made a god of paul on the one day , stoned him on the other , acts . and in the fiery time it self , when zeal was most inflamed , our saviour as it seemeth found even then a cooling blast ; when for want of ordinary supply he was fain to fetch d. by a miracle out of a fishes mouth to serve his need withall , mat. . . it is meerly therefore unfit that ministers should live upon benevolence and uncertainty : therefore though christ and the apostles lived so for the present , yet it is not prescribed as a perpetuall law to the succeeding ministers . cap. xiii . not to give lesse then the tenth . if those that ministred without the vail of the temple were worthy of the tenth part , how much more deserved they that minister in the sanctuary ? the levites might not come within the vail , that is , into the first tabernacle , or holy place , heb. . . nor meddle with the ceremonies , but did onely the outward work and drudgery of the lords house , as to bear the burthens , prepare the wood , the water , fire , vessels , and instruments for the sacrifice and holy rites , kill , dresse , and flea the bullocks and beasts for the burnt sacrifice , yet even in this by the rules of equity they deserved a tenth part of the increase of the land ; yea , the ministry of the priests themselves was but in earthly and transitory things , as in types and ceremonies to foreshew a better testament , yet because their vocation was more honourable then the rest of the levites , as being called into the sanctuary , and to perform the holy ceremonies , therefore they received a more honourable portion ; for first , they had the tithe of their brethren the levites part , that is , the tenth part of the tithe of all the land , which because they were but few in respect of the whole tribe of the levites , as not the . part perhaps , therefore the allowance of every one of them was much greater then of any other levite , and yet to encrease it , they had the first-fruits , and their portions and fees out of the sacrifice and other offerings , and all these great allowances had they for their service about the earthly sanctuary , or as it is called in the epistle to the hebrews , . . the worldly tabernacle . come then unto the ministers and clergy of our church , look upon them with the eye of common equity , compare them with the leviticall ministery , what proportion their deserts hold one to the other : surely though it be an axiome of philosophy , yet it holdeth also in divinity , that eadem 〈◊〉 partium quae est totius , there is the same reason of the parts that is of the whole ; therefore if the priesthood of our saviour be much more excellent then that of aaeron , & the ministration of the gospel , then that of the law , then much more excellent must the members be of the gospel , then of the law. and as their calling is more honourable , so is their charge , as having the care of souls committed to them , for which they must give a stract account : the levite and the leviticall priest were free thereof , and stood onely charged with the performing the ordinary ceremonies , and no further . their paines much more laborious then the levites , who neither were burthened with preaching , nor served any where , but in the temple at jerusalem , and not above a week at a time , and notwithstanding had their corrodary , or allowance in the vacation . if then the levite and priest of the law had the tenth part for his entertainment , how much rather is it to be conferred and enlarged upon the ministers that invest us with spirituall and heavenly blessings ; that as i say are called to a more excellent function , and consequently deserve a more excellent reward ; that have a great charge committed to them , and consequently much great travell and labour in performance thereof ? the levite travelled onely in body , but the minister of the gospel ●oth in body and minde : he must not onely doe the part of the leviticall priest , which is to perform the ordinary service , sacraments , and rites of the church , like the oxe that treadeth out the corn that is brought home , but he must be also like the dove of the ark , he must flie about to seek and fetch home to his parishoners the blessed olive branch of peace . he must be like solomons eagle , whose way is in heaven , there seeking food for his parishoners : and like that eagle ( that god compareth himself unto , deut. . . ) that dresseth up her nest , floteth over her birds , stretcheth out her wings , taketh and beareth them upon her wings , ( the feeble and sick souls of his parishoners ) always teaching , comforting , strengthning , and confirming them committed to his charge ; and thus shall he dearly earn the portion assigned to him . some then will say , this is like simon magus , to sell the grace of the holy ghost . no , ministers must be no merchants , they must in no case sell doves , i. e. the holy ghost ▪ ( christ did drive them out of the temple ) but the people must be just ; piety , justice , and the law of nature requireth that every man render a reward to the labourer , not onely according to his labour , but with respect of his function , and the quality of his person ; the minister must not sell the breath of his mouth , but he may sell the sweat of his brows , hee may not sell his doctrine , but hee may take reward for his travell . it is gods commandement to adams posterity , in the sweat of thy face shalt thou eat bread , gen. . . much precious sweat doe many worthy ministers distill for us in their function , which god no doubt putteth up in his bottle , and therefore they must have bread for it : much labour in reading , writing , watching , studying , preaching , and praying , many pined and wasted herewith ; for much reading ( the holy ghost saith it ) is awearinesse to the flesh , and willeth man to take heed of it , eccles. . . and therefore if there were no more in it but so , a worthy reward is due unto them ; but besides this , they minister unto us spirituall things , that is , things inestimable : and is it much then if we return them temporall things ? and though sometimes there may be found amongst them , such as judas among the twelve apostles , and in all ages some unworthy of that sacred calling , they being subject to humane frailties , yet tithes are not to be denyed , because they are due originally to god , who assigned them over to the levites in the old testament ; for he saith , i have given them to them , num. . . the tithes of the children of israel i have given to the levites ; and in the new testament to the ministers of the gospel , for they that preach the gospel , must live of the gospel ; they are therefore to be paid to the priest , or minister , for he is the steward of gods house , and in this point we are not to respect what condition he is of , for the debt is due to his master , not to himself : so that whether he be good or bad , what condition soever he be of , he standeth or falleth to his own master . cap. xiv . the etymology , and definition of tithe ; and why a tenth rather then any other part is to be paid . decimae , and decumae , in the plurall number ; or decima , and decuma , in the singular , ( which tully most useth ) in greek , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. capacem , saith philo : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , à capiendo , because it comprehendeth all other kind of numbers , as more largely hereafter shall appear : and because this part should of all the rest be the best and the largest which in our english we commonly call , tithe : of the saxon word teoða , i. e. the tenth : and teoðan sceattas , tithes : of the verb teo , i. traho , extraho , & tiehð , subtrahit , as if we should say , the choice part , or the part that is taken and chosen from the rest for god himself , which whether it be the tenth or not , yet it is generally comprehended in latine under decimae , and in english under the name tithe . omnia sua decimabant ( saith augustine ) & de omnibus fructibus suis decimam partem detrahebant & ipsam dabant . & paulo post . tectum decimabant , id est , decimam partem detrahebant , & eleemosynas dabant , augustin . tom. . p. . d. before i proceed further in this treatise of tithes , i hold it fit first , to propose a definition thereof , that my discourse may be the more certain . i define it therefore . tithe is the tenth part of that we lawfully possesse , rendred by us unto god , by way of thanksgiving for his blessings bestowed on us . or according to hostiensis ; decima est omnium bonorum mobilium licitè quaestorum pars decima deo data , divina constitutione debita , ( quae forte addit author vocabularii ) ut colligitur de decim . ca. . & ca. parochianos , c. nonest . ca. tua nobis § verum . c. non sit ab homine — vel , decima est omnium bonorum justè adquisitorum talis pars deo debita . this definition leads us first to examine why the tenth part , rather then any other should be yeelded unto god. secondly , out of what it is to be yeelded : all that we lawfully possesse . thirdly , unto whom it is to be rendred ; unto god. fourthly , in what manner it is to be rendred , viz. by way of thanksgiving . fifthly and lastly , upon what consideration it is to be rendred ; and that is for his blessings bestowed upon us . i have not read why in this matter of tithing the tenth in number should be rather allotted unto god , then any other : and therefore wanting a guide to direct me , i will walk this way the more respectively ; but according to mine own apprehension i observe two reasons thereof , one mysticall , the other politicall . touching the first , as plato and the pythagoreans attributed great mysteries and observations unto numbers : so doe likewise all the greatest doctors of the church , and the very books of god themselves , and therefore it is not to be thought that in this point of rendring tithes , but the number of . is also respectively chosen . * s. augustine saith , that many things are not yet understood in scripture , for that we cannot attain unto the knowledge of the vertue or power of numbers . and both he and saint jerome through their whole works continually observe great secrets therein : so doe the rest of the fathers , and not onely in the old testament and ceremoniall law , but in the new testament also : insomuch that i think there is not almost any number there mentioned , out of which some particular observation is not made . but to come to this we are in hand with . let us see why this was allotted to god above others , and what part in reason is due unto him : reason tels us certainly , the best , and the choicest : therefore he refused the unclean beasts ; the lame and the blemished things : for as he is best worthy , so he requireth the best of every thing , the bloud of the sacrifice , because it was the life : the fat , because it was the perfection of it : to be short , the number it self allotted to him , ( the tenths i mean ) if the mysteries thereof be opened , tels us , both why it was yeelded , and why above other he should require it . it is said to signifie the first and the last , the beginning and the end ; it is finis simplicium numerorum , initium compositorum ; the end of simple numbers , and the beginning of compound : the first articular number , & the last number of single denomination . the number wherewith the progresse of numeration running as it were circularly , always endeth and beginneth again . repraesentat ( saith bartholomeus ) merito ipsum christum qui est a , & Ω ▪ principium & finis ; that is , it worthily representeth christ who is alpha and omega , the beginning and the end . in these and such other respects it is also said to be like a circle , the greatest and the perfectest body in geometry , having neither beginning nor ending , ( as other attributes of god. ) hermes justly named trismegist , labouring to describe god by the most significative resemblance that mans wit could attain unto , said ; god is like an imaginary circle , or sphere , whose center is every where , and whose circumference no where : meaning infinite and beyond extent . and as the circle a sphere , of all forms and bodies is most spacious and of greatest capacity , comprehending all other , and it selfe comprehended of none : so the number of . comprehendeth all numbers , and is it selfe comprehended in none of them , neither is there any number beyond it , but that riseth out of it . decas ( saith saint ambrose ) numerum omnem complectitur . it is the foot and base whereon all of them are founded , and it containeth not only all dimensions , but to be short , all the reasons of arithmetick , geometry and musick . therefore philo judaeus saith , they that first gave names unto things ( for they were wise ) seem to me to have named decadem , that is , the number of . quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. capacem , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , à capiendo , quod capiat & amplectatur omnia genera numerorum , rationum ex numeris collectarum , proportionum , harmoniarum , rursus & concentuum , proprie appellasse , i. e. of taking or comprehending , for that it taketh or comprehendeth all kindes of numbers , of reasons gathered out of numbers , of proportions , harmonies and concordances . in this manner the number of . representeth unto us ( as such things may ) the nature of god , the perfectest , the greatest , comprehending all , and comprehended of none , the beginning and the end , yet infinite and without beginning or end . so that this number ( . ) this tribute money in question hath ( in the respects before alledged ) the apparent image of god , and therefore let us see whether it hath his inscription or not ; for sure if it hath his image or inscription , it is due unto him by his own words , his own argument . the hebrews , & from them the graecians expresse it by the letters that begin his greatest and essentiall name , jehovah ; that is , ● & ● , jod & iota . the romanes and wee of the western parts of the world , one while by the letter x , & another while by the figures . all know that the letter x signifieth ten , and the learned also know , that it likewise signifieth the name of christ ; for commonly in ancient times , and to this day in many books it is so written , x ' , or x● , xi , xo , xm , for christus , christi , christo , christum : and in like manner for decimus , decimi , decimo , decimum , in the time of the law it was marked with the letters of the fathers name , in the time of grace with the sons name . yet the truth is , that the letter x thus used for the name of christ , is no latine letter , but borrowed from the greek , where it signifieth ch , because it represents not onely the name , but the crosse of christ , in which the latin letter x , as the number and character of ten ▪ hath also much hieroglyphicall signifition . to come to the arithmeticall figures that expresse it , which are the figure of , and the cyphero , signifieth the same that alpha doth in greek , that is , one . the cypher o , presenteth to us , omega , for omega is no more but great o , and in ancient time was noted onely by circle , or cypher , and in effect still is : so that . in figures expresseth a and Ω. as a is the first letter in the greek alphabet , and Ω the last : so in the alphabet of arithmetique , the figure of , is the first , and the cypher o , is the last ; therefore in like respect the figures of this number of . signifieth the first and the last , the beginning and the end . but as the cypher o , in this respect signifieth the end , so we must mark that it is a circle , and hath no end . being therefore joyned to the figure of , which signifieth the beginning , it sheweth unto us , that the beginning is without end , & the end it self without beginning or end , both infinite & without any limit . the first character in the figure of , viz. . begetteth al numbers ( for it is semen numerorū ) & is begotten of none : so that it is unus & omnis , one and all , and so do the very figures signifie in notis antiquorum , according to valerius probus & p. diaconus . therefore to conclude , it hath both the image of god , in signification of his nature , and the inscription of his name in the frame of the characters and figures ; in all languages and with all nations after one manner or other , as though nature her self had taught them that this part belongeth to god , which by no wit , or any learning can be applied to , or found in any number between , and millions of thousands . reddite ergo quae sunt caesaris caesari , & quae sunt dei deo. give unto caesar the things which are caesars , and unto god , the things that are gods. all that we have belongeth unto him , yet is he pleased to accept a part onely ; but we must note further , that it is such a part as implieth the whole , because the whole is his . he loves not to have a piece of us simply , it must be such a piece as comprehendeth all in effect ; therefore when he said , give me thy heart , it was as much as , give me all : for he will have all or none . therefore in his sacrifice hee specially required the head , and the tail ; the head as principium , the tail as finem ; the beginning and the end of all our actions : for so the whole is his . and in the same sense the law of the land did anciently reckon those parts . for though the whole fish royall belongs to the king , yet bracton saith , it sufficeth if he have the head and the tail ; for that in those parts the whole is implied : and consequently when we give god the tithe , or tenth part , we put him in possession of all , yea , we put the nine parts remaining into his protection ; for the number of ten in like respect implieth the whole , as philo judaeus discourseth it . and so also doth saint augustine expound it , and therefore thinketh that by the . horns in daniel is meant the whole succession of kings in the roman empire . the same father yet further saith , that the number of . signifieth the law of god , quia in decem praeceptis lex data est . and in another place , denarius legem ( significat ) undenarius peccatum : quia transgressio est denarii . the number of . signifieth the law , and for that the number of . exceedeth it , the number of . signifieth sin . therefore because god hateth sin , and hath made the number of . to be as it were the number of perfection , and righteousnesse , ( for so likewise doth saint augustine tearm it ) when he requires the number of . of us , it puts us in mind , that he requireth also the fulfilling of his laws , and the keeping of his commandements . that god accepted the tithe , or tenth , as , and for the whole of that whereof it is yeelded , is apparent by gods own exposition , for when he had reserved it to himself , as his rent out of the land of can●an , given by him to the children of israel , and assigned that rent over to the levites for their maintenance , yet out of that assignment , he reserved also a ●ithe , or tenth part , to be laid up in the chambers of the treasure house , to be offered to himself , as it were thereby to hold his possession , and to keep seism of his inheritance , which in the . of num. . is called an heave-offering : and this very heave-offering , which was as i say , but the tenth part of the tenth , that is , the . part of the whole , was accepted and taken by god , as the full seisin and satisfaction for the whole ; therefore he biddeth moses say to the levites , — your heave-offering shall be reckoned unto you as the corn of the barn , or as the abundance of the wine-presse : that is , the tithe that you are to give , though it be the hundreth part , yet i will accept of it , as if it were all the corn of your barn , and of your fields , and as the whole profits , even as the abundance of your vineyards . in like manner also doth he accept the fat of such offerings , in the . v. to shew unto us , that since all is his , he will have perpetuall seisin of the whole , and will not be disinherited of the least part . doubtlesse he is well pleased with this tenth part , for when he threatned the destruction of the land by isaiah , he concludeth , yet there shall be a tenth part remaining as to replenish it again , and as holy seed , isa. . . he will save his own part . we have received all things of the fulnesse of god , therefore out of our fulnesse it is fit that we render something back unto him , not by way of reward , but in honour of him . this number is also said to be the number of fulnesse , and to signifie the greatest things , wherein as numbers have their secreta and latebras , to use saint augustines words , so hath this number above all other a peculiar secret and blessing given unto it , as if god had marked it for himself ; for as god in hezekiah's time , blessed the offerings and tithes in abundance , so it seemeth the word abundance , ( plenitudinem ) exod. . . is used for the tithe and first-fruits : and it hath of old been observed that in naturall things , the tenth is usually the fullest and the greatest : the tenth floud , and the tenth egge . festus , and many other authors doe affirm it : and to that purpose ovid saith , vastiùs insurgens decimae ruit impetus undae , i. e. the whole force of the tenth floud , wave , or billow , rising up more hugely then all the rest , rushed into the the ship . and valer. flaccus tearmeth it , — decimae tumor coeduus undae , the high swelling of the tenth wave : so likewise is it noted by silius ital. lucan , seneca . and this observation amongst the ancients hath been so notorious and remarkable , that they commonly used the word tenth in latine , decimus , decumanus & decimanus , to expresse the greatest things ; therefore in the division of their fields , they called the greatest extent , decumanum limitem ; the greatest or chief gate in their camp , decumanam portam ; the greatest shields , decumana scuta ; and so likewise , decumanos fluctus , and decumanaova , decumanū acipenserem : & upon the like reason they used the word decimare , & exdecimare , for to choose and cull out the choice and principall things , as perrot reporteth . and because in the procreation of men , and many other living creatures , the number of . is most happy and effectuall , as the tenth month in some , and the tenth week in others ; the romanes admired the secret vertues of this number so superstitiously , as they canonized it among their gods by the name of decuma , as you may read in tertullian , gellius , and many other . and for this cause romulus closed up the year in the compasse of ten months , as the time of fulnesse and perfection . i will prosecute the mysteries of this number no further , but conclude with philo judaeus , that he that should run into the mathematicall powers and observations thereof , hath work enough for a large volume . de ratione decimarum , & denario numero , pluribus agit philo lib. de congress . quaer . ernd . gratia . x exprimit antiquis haec christum littera scriptis : exprimit & partem quam petit ille sacram . ergo citus , christi quae sunt , dato munera christo. caesaris accipiat caesar : uterque suum . this x of old exprest christs holy name , and eke the sacred tenth which he doth claime . give then to christ , what 's christs , without delay . give caesar , caesar's due , and both their pay . cap. xv. who shall pay tithe . the laws and commandements of god , are commonly given in the second person singular ; as , thou shalt love the lord thy god ; thou shalt not steal . and so here , thou shalt not keep back thine abundance , that is , thy first-fruits and tithes ; and , thou shalt give the tithe of all thy encrease , &c. a pronoun of particularity , ( thou ) for the adjectives of universality , nullus & omnis ; as if he should say , none or no man shall keep back his abundance : and all men shall give the tithe of all the encrease . for it is an axiome in logick , that , indefinitum aequipollet universali , indefinite propositions are equivalent with universall : and so every man must pay tithe ; every man , saith saint augustine , quia omnia dei sunt , per quae vivit , &c. because all things whereby he liveth are gods , whether it be the earth , or rivers , or seas , or all the things that are under , or above the heavens . abraham and jacob paid tithes , and therein bound all whosoever bee of their posterity to doe it . even levi himself , who after received tithes of his brethren , was bound thereby , and paid them in the loins of abraham , ( as it is said in the . heb. ) . years before he was born , and we also as abrahams children . for if the levites themselves , that ( as the mean lord , to use the lawyers tearm ) received tithes of their brethren , were not freed from paying them over to the lord paramount , god almighty , how much more are all wee bound of what sort and condition soever to pay them likewise ? but some happily will ask , if the levites paid tithes ? yea , they did pay the tenth part of their living to god , as well as their brethren , as before wee have touched it in speaking of the heave-offering , and as it is manifest in the . of numbers , v. . speak unto the levites ( saith god to moses ) and say unto them , when ye shall take of the children of israel the tithes which i have given you , of them , for your inheritance , then shall you take ( elevationem ) an heave-offering of the same for the lord , even the tenth part of the tithe : which in the next verse save one , they are commanded to deliver to aaron , gods generall vicar in spirituall function . and in the . of nehem. it is further said , the priest the sonne of aaron shall bee with the levites , when the levites take tithes , and the levites shall bring up the tenth part of the tithes unto the house of our god , unto the chambers of the treasure house . so then the levites themselves paid tithes , and by their example the clergy of our time must doe it likewise ; but the question will be then , to whom ? first , let us see what became of these tithes paramount , thus laid up in the treasury . we must understand that the treasury of the temple was not particularly for that purpose , but for the guests and offerings also whatsoever dedicated and given to god : and i find that of this treasury there were . sorts : mesack , where the munificent gifts of kings and princes were laid up : corban , where those of the priests : and gazophylacium , whereinto the people and all passengers brought their offerings , and into which the poor widow , as it seemeth , cast her two mites . i find not any particular limitation of these treasuries , but the common end of them all was to be employed upon things necessary for the house and service of god , and for relief of the poor , and of orphans , widows , and strangers . josephus expoundeth corban , for the very gift it self offered by them that dedicated themselves to god , as the nazaraei , and sheweth that the priests disposed it to the needy . and to these ends must our clergy give and pay over their owne tithes unto god , first , in repairing and maintaining the house and service of god , as kings . . then in alms and charitable devotion to the poor : for the poor are gods publicans , and by him appointed to gather and collect this rent or custome due to him , and to carry it into his treasury of heaven , as the porters thereof , there to be laid up for our use and benefit in the world to come . decimā deo in pauperibus vel in ecclesiis donet , saith s. augustine . let him give it to god either in bestowing it upon the poor , or in the churches . though christ be ascended into heaven in his person , he is still upon earth by his proctors and substitutes , the poor and needy ; and therefore a father ( jerome i take it ) answereth mary when she complained , that they had taken away the lord ; oh , saith he , but they have not taken away his servants , meaning the poor and needy , on whom shee might abundantly expresse her charity . as the law of god enjoyned the levite to pay tithe to the high priest : so also the old law of the land bindeth our bishops themselves to pay tithes , yea , the king himself . i command my sheriffes ( saith ethelstane ) through my kingdome in the name of the lord , and of all the saints , and upon my love , that they presently pay my own tithes to the uttermost , both of living things , and of the fruits of the earth ; and that the bishops doe the same of their own goods , and also my aldermen and sheriffes . tom. . concil . britan. pag. . and the very glebe land of the parson himself , if it be letten to another , must pay tithe , as was adjudged in the kings bench this term sancti hillarii . quaere . cap. xvi . out of what things tithe is to be paid . it is recorded in genesis , that abraham before his name was changed , gave him tithe of all . and jacob in the . ca. saith : of all that thou shalt give me will i give the tenth unto thee . in the . lev. all the tithe of the land of the seed of the ground , & the fruits of the trees is the lords , it● is holy unto the lord : and in the . deut. . thou shalt give the tithe of all the encrease of thy seed that cometh forth of thy field year by year : that we should bring the tithes of our land unto the levites , that the levites might have the tithes ( in all the cities ) of our travell or labour . so in the chro. . ▪ they brought the tithes of all things abundantly ; & v. . they brought the tithes of bullocks , and sheep , and the holy tithes , which were consecrated unto the lord their god , i. by a vow . in these general precepts there needeth no particular enumeratiō of what should be paid , they run upō the word all ; & without exceptiō , all whatsoever the ground yeeldeth either by industry , or naturally , corn , wine , oyl , the fruits & increase of every thing , whether living or vegelative . and more then so , for even those things that are gotten by labour and travell ; for therein we have our part of his mercy and blessing , as well as in his other gifts & bounty . and the words in nehe. [ in all the cities ] seem to extend to the handy-crafts-men , for citizens commonly occupy not fields , or husbandry , which is rather proper unto the villages & country people : so that if citizens should not yeeld the tithe of their travel , most of them should yeeld nothing at al , and no man must appear before the lord empty , exod. . . for he hath shewed mercy upon all , and he will have some acknowledgement from all . this upholdeth the custome of many places of england , where the very servants pay a tithe out of their wages , some deduction being made for apparell : and by like reason i think , that those that have annuities and fees , as officers and such like , ought to yeeld a tithe thereof ; for out of those the king hath his subsidies and tenths , and by like , yea better reason should god have his portion : of all that thou shalt give me , saith jacob , will i give the tenth unto thee ; and in the gospel , the pharisee , though braggingly , yet according to the use of the righteous of that time , saith , i give tithe of all that i possesse ; as it seemeth , even of his goods , and dead commodities , as of the fruits of the earth . for i suppose that the ancients paid tithes in two sorts , some ex praecepto , others , ex arbitrio , or placito ; some by commandement of the law , others out of their free-will and benevolence . in the . of the chron. v. . it is said , they brought the tithes boum & pecudum , of oxen and sheep , things tithed before whilest they were young , as i conceive , and not now again to bee tithed , when they were grown to their full ages . so in the . of nehe. . they brought first-fruits of their dough , yet no doubt , their dough was tithed before in the corn it was made of : therefore i take these tithes to be tithes ad placitum , in the election of the party , whether he will give them or not ; but if he doe allot them to god , he is tyed like ananias and sapphira to perform them faithfully , for they then become due ex praecepto ; for he that voweth unto the lord , is commanded not to break his promise , numb . . . and these kind of tithes no doubt were often paid by the godly , sometime upon generall occasion , as that of hezekiah , sometime of particular , as that pretended by the pharisee . military spoil , and the prey gotten in war is also tithable , for abraham tithed it to melchisedek , and thereof , if we may depart a little out of the circle of holy scripture into the histories of the gentiles , ( who even by instinct of nature found this duty to belong unto god ) we abound with examples thereof : as paid by cyrus at the taking of sardis ; by furius camillus , upon the overthrow of the veians ; by alexander the great , upon his conquest of arabia , when he sent a whole ship laden with frankincense for the altars of his gods . but occasion to speak of these shall serve me better afterward , and therefore to return to that is more materiall . the example of abraham in this point of tithing the prey , teacheth us also , that we give god a tithe out of every accession of wealth , that he sendeth to us in any course whatsoever : so that the gains of buying and selling , and the great improvement arising by merchandise , is under this title both registred and commanded . i know not what the rich city of london doth in this kind , but i read in herodotus , that the poor samians yeelded at one time sixe talents to that purpose , and that the siphnians out of their silver and gold mines sent so great a tithe to delphos , as the richest man of that age was not more worth . st augustine saith , vnusquisque de quali ingenio aut artificio vivit de ipso decimam deo in pauperibus vel in ecclesiis donet . let every man out of the trade or craft whatsoever he liveth by , give god the tithe . de rectitud . cathol . conversat . tractat. tom. f. . cap. xvii . that things offered to god be holy . i must first explain what i mean by holy , and that is , not that they are divine things , or like those of the sanctuary , which none might touch save the anointed priests . but like the lands and possessions of the levites mentioned in leviticus , — that were said to be holy and separate from common use , and separate from man , levit. . , . that is , from the injury of secular persons , and to be onely disposed to and for the service and servants of god , defensum & munitum ab injuria hominum , n. f. de rer . divis . l. sanctum , as the persons of emperors and kings are said to be holy and sacred : for as the altar sanctifieth the offering , mat ▪ . . so these things being offered to god , are by this very act of oblation made holy , and taken so into his own tuition , as they may not after be divorced . wo be therfore to the scribes and pharisees that devour widows houses , mat. . . how much more wo then unto those that destroy the house of god , and by divorcing christ from his spouse the church , make him also a widower , and his church a widow , and so devour both the widows house , and the widow her self . but some are of opinion , that the church it selfe is no longer holy , then while the service of god is in hand therein : as the mount and the bush were no longer holy then while god was there : and by that reason a church and an ale-house are of like sanctity , for a man may preach in an ale-house , and minister the sacraments in an ale-house , and occasion sometimes doth necessarily require it : and what is their reason hereof ? why , their reason is , that consecration of places , and of the implements belonging to the service of god were leviticall ceremonies , and therefore ended with the leviticall law. these men reason , as if before the leviticall law there had been no rules of gods honour : and as though the morall law , and the law of nature taught us nothing therein : doth not god himself leave the precepts of the leviticall law , and reason with the israelites out of the law of nature , mal. . when he saith , will any man spoil his goddesse ? as if he should say , that the law of nature hath sanctified those things that are offered unto god , and therefore will any man violate the law of nature ? doth not saint paul reason also in the same sort , when he saith , despise ye the church of god ? cor. . . if i should apply the places of scripture that are spoken of the great reverence of the temple , it would be said , that that were leviticall : but the office of the temple was morall , as well as leviticall , and therefore though these be ended , yet the other , the morall remaineth . when christ had cast the oxen & doves that were for the leviticall service out of the temple , yet he said , that it was an house of prayer , as figurating that after the ceremonies were ended and gone , yet the morall office of the temple to be an house of prayer still remained . saint paul , cor. . . when he saith , despise yee the church of god ? speaking it as if he wondred that any should be so irreligious , or rather sacrilegious to despise the church ; and no man i think doubteth but that this was spoken of the materiall church , for he blameth them that did use unseemly drinking in the church . see the first treatise , of the rights and respect due . § . of the three severall places , and three functions of the temple : and how the last continueth holy , for prayer , doctrine , and instruction of the people : which therefore had in it no ceremoniall implement at all . cap. xviii . tithes must not be contemned because they were used by the church of rome . if we should reject tithes because they were used by the church of rome , by the same reason we must also reject our churches ; but the apostles used both the synagogues and the temple it self after christs ascension , though they were polluted with the doctrine and ceremonies of the jews ; and therefore we are not to reject tithes and other things profitable to gods service , because the papists used or misused them . the censors ordained for gods honour were impiously abused by corah , dathan , and abiram , yet god rejected them not , but commanded them to be still employed in some better course of his service , namely , in making plates for the altar , numb . . . and by this scripture doth huge and origen reprove them that judge the works of an heretique to be burned without preserving the good things in them : and the altar to be pulled down whereat a schismatique hath ministred . hugo in genes . . fol. . a. and origen in homil. . sup . num. fol. . god refused not the burnt-offering of gedeon , though he made it with the idolatrous wood of baals grove , yea , himself commanded it so , judg. . . and in the gospel the offerings of the proud pharisees were as well received into the treasury of the temple as the mite of the poor widow . when jericho was destroyed and accursed , yet god required the gold and silver for his holy utensils , jos. . . for though filthy gains are forbidden to be offered unto god , yet good things because they have been abused , are not forbidden to be offered unto him . when the pottage provided for sustenance of the children of the prophets was infected by him that threw in the wilde gourdes , or colloquintida , elisha the prophet commanded them not to be cast away , but cleansing them from their infectious venome used them still for food of the children , kings . . so if the pottage of the ministers have been abused with roman colloquintida , purge the infection , but take not their pottage ( i mean their tithes ) from them . aristophanes bringeth in hercules laughing to see effeminate bacchus clad in the lions skin : but we may well lament to see a spruce castilio , and his masking mistresse trickt and trimmed up with those church-livings that godly and grave men in times past gave for maintenance of gods service , and the ministers thereof . i can but wonder , what should move flacius illyricus ( a man so conversant in the history of the church ) to affirm , that tithes were lately extorted by the popes ; and that they were first imposed by pope pelagius in the councell , anno . unlesse his meaning be , that in elder times they were paid at pleasure , and now first commanded to be paid of duty : which construction ( though contrary to the understanding of a common reader ) if we doe allow him , yet is it untrue also ; for that councell reciteth that they had been paid before of long time , and that by the whole multitude of christians , and as due by the word of god , and consequently not at pleasure . ( concil . matisconense . . c. . anno . tom. . ) so that this councell did but revive and quicken the cold devotion of that time , and not inferre new matters unheard of before . cap. xix . that the tradition of ancient fathers and councels is not lightly to be regarded . it appeareth by divers ancient fathers and councels , that tithes were paid long before their times in the primitive church , and were unto the age of the apostles , though little memory thereof remaineth in the authors of those times . and shall we not beleeve the fathers received such instruction from their elders ? doth not god bid us ask after the days of old , and the years of so many generations , saying , ask thy father , and he will shew thee ; thine elders , and they will tell thee ? deut. . . if we shall not beleeve them , why should we ask them ? and why did the children of israel complain , that their fathers heard not the words of the book of the law , kings . . but because they therefore could not report it to them their children ? shall we think nothing to be done , but what is written ? doth not the evangelist tell us , that if all were written that christ did , he supposed the world could not contain the books , joh. . ? are not many actions of elder time alledged in latter scriptures , and yet no testimony of them in the former ? it is said , chro. . . that samuel , abner , and joab , dedicated many things unto god , yet their story reporteth no such matter . solomon is noted , chron. . to have kept a famous passeover : yet is there not a word of it in the history of his time . fasting was brought into the church before christ , and the use also of building of synagogues , but it appeareth not when , or how . paul alledgeth , that our saviour said , it is better to give , then to take , act. . . yet no evangelist doth mention it . jude saith , v. . that michael and the devil strove for the body of moses , yet the old testament noteth no such thing ; how then came they by these instructions ? surely by books that are perished , or by inspiration , or by relation of others : and doubtlesse the ancient fathers came to the knowledge of many things by all these ways . first , by books that be perished , for it is manifest by eusebius , jerome , gennadius , and others , that the ancient fathers saw many thousands , which are not now extant . if by inspiration , the holy ghost , that was sent down upon the apostles , and passed from one to another , returned not by and by to heaven , but remained actually amongst the fathers of the primitive church ; and therefore what they generally taught is carefully to be kept . but if they received these things by tradition , the very tradition of those first ages of the church are much to be received ; for all that time , no doubt , infinite speeches and actions of christ and the apostles ( whereof many were collected by ignatius and papias , as jerome reporteth , but now lost ) were then fresh in the mouths of every man , as not onely the fathers of that time doe abundantly testifie , but our own experience also induceth us to conceive ; for doe not we our selves hear and beleeve many things to be done in the time of king hen. . that never yet were written , nor like to be ? cap. xx. ancient councels and canons for payment of tithes . the canons attributed to the apostles , come first in rank to be mentioned , yet i will not insist upon them . neither doth bellarmine ( as they are now published ) maintain them to be the children of those fathers . yet can it not be denyed that the first . of them are very ancient and neer the time of the apostles ; for dionysius exigu . that lived within . yeares of the apostles , translated them out of greek as received long before in the eastern church . the fifth of those canons ordaineth , that all other fruit should be sent as first-fruit ( and tithe ) home to the house of the bishop and priests , and not to be offered upon the altar ; adding further , that it was manifest that the bishops and priests did divide it to the deacons , and the rest of the clerks . and though the greek copy in this place , calleth not these fruits 〈◊〉 , tithes , yet the canon seemeth to bee meant thereof , for other fruit none was to be carried to the house of the bishop , or to bee divided amongst the priests , and the deacons , save offerings , tithes , and first-fruits ; therefore the old translation of the canons out of zonaras , expresseth it tithe and first-fruits . and this fashion here received of sending these things to the house of the bishop , and his dividing of them among the priests and deacons , sheweth the great antiquity of this canon ; for it appeareth , that the first usage was so , and that the ministers had menstruam sportulam , every month a basket of the offerings and tithes for their maintenance ▪ whereupon they were called clerici sportulantes , i. basket clerks . vid. cyprian . epist. . & . baron . anno ch. . num. . & . & anno . num. . and the people then offered accustomably to the altar , and for the maintenance of the priests . concilium agrippinense , cap. . anno . first decreeth , that tithes shall be called dei census , gods rent : and reciting that the third part thereof , as was declared in the toletan councell , belonged to the bishops , yet according to the roman use , they agreed to take but every year the fourth part , which upon excommunication they commanded to be paid . burchand . lib. . ca. . concil . romanum . sub damaso , about the year . amongst the decrees thereof it is ordained , ut decimae atque primiti● à fidelibus darentur , qui detrectant anathemate feriantur ; that tithes and first-fruits should be paid by the faithful . concil . aurelianense . sub symmacho , an. . can. . decreeth , that the bishops shal have every year the fourth part , or every fourth year the whole tithe tom. . con. concilium tarraconense sub hormisda , an. . can. . juxta burchandum , . juxta bin. saith , that it was an order , antiquae consuetudinis , that the bishop should have the third part of all things yeerly , and therefore willed it still to be kept . burchard lib. . ca. . bin. tom. . conc. concilium mediomatricis , anno willeth the bishops to reprove ( prohibeant ) them that would not pay tithe without some reward be given them . bur. l. . c. . concilium toletanum , anno . divideth all church rights into two sorts of oblations , one to be those that are offered ( i. e. given ) to the parish churches , as lands , vineyards , bond-men , &c. and willeth that these should be wholly in the ordering of the bishops . the other to be those of the altar , whereof it commanded ●●e third part to be carried to the bishop , and two parts to be for the clerks . and of tithes it saith , that according to some , the third part yearly , or every third year the whole was so paid . but that they following the manner of the roman church , decreed , that the bishops should have every year the fourth part , or every fourth year the whole tithe . burchard lib. . c. . & bin. paulo aliter tom. . in a collection of canons of an uncertain author , in the vatican library , this is attributed to sylvester , who was bishop of rome . binnius in a note upon this canon somewhat differeth in words . concilium matisconense . sub pelagio . anno . affirmeth tithes to be due by the laws of god ; that the whole multitude of christians kept those laws very warily of long time , that by little and little they were in those days almost wholly neglected . and this councell decreeth , that the ancient usage of the faithfull should bee revived , and that all the people should bring in their tithes to them that ministred the ceremonies of the church , &c. otherwise to bee excommunicated . tom. . con. concilium hispalense sub gregorio . anno . concludeth thus : that if any mantithe not all these things ( viz. before named ) he is a spoiler of god , a thief , and a robber , and the cursings that god put upon cain for his deceitfull dividing , are cast likewise upon him . ivo . p. . & . tom. . concil . concil . valentinum sub leone . anno . ca. . that all faithfull men should with all readinesse offer their ninths , and tithes to god of all that they possesse , &c. upon perill of excommunication . tom. . con. concil . rothoma . cap. . nameth particularly what ought to be tithed , and commandeth to doe it upon pain of excommunication . burchard li. . ca. . and annexeth the councell , mogunt . ca. . concil . cavallon . ca . anno ● . that bishops , abbots , and religious persons should pay them to churches out of their possessions , and families where they baptized and received . burch . lib. . ca. . and concil . cavallon . c. . decreeth , that all churches with their whole livings and tithes should bee wholly in the power of the bishops , and to be ordered ●●d disposed by him : burchard lib. . ca. . concil . moguntin . . ca. . recited by burchard , who lived about ● . years since , saith , that abraham by his action , and jacob by his promise declared unto us , that tithe was to be given to god ; the law hath since confirmed it , and all the holy doctors are mindfull of it , &c. hereof the venerable doctor saint augustine saith , tithes are required as a debt : what if god should say ( quoth he ) thy self a man art mine , and so forth as followeth in that sermon of his that hereafter we exhibit . the councell proceedeth further , shewing reasons why tithes should be paid . that if the jews were so carefull in executing this commandement , as they would not omit it in the least things , mint , and rue , &c. as our saviour testifieth ; how much more ought the people of the gospel to perform it , that hath a greater number of priests , and a more sincere manner of sacraments ? they are therefore to be given unto god , that being better pleased with this devotion , he may give more liberally the things we have need of . that this kind of maintenance is fittest for the clergy , that they otherwise be not troubled with worldly businesse , but may attend their calling . that the daily offerings of the people , and that tithes are to be divided into four parts , according to the canons ; the first to the bishop , another to the minister or priest , ( clericorum ) the third to the poor , the fourth to repairing of churches . burchard li. . c. . concil . moguntin . . cap. . tempore appae . & . lothar . imp. anno . sub rabano archiepiscopo qui scribit ludovico . this councell admonisheth men to pay their tithe carefully , because god himself appointed it to be paid to himself . and that it is to be feared , that if any man take gods right from him , god for his sins will take things necessary from him also . tom. . conc. roman . con●il . . anno . tom. . saith , that lay-men upon pain of sacriledge , excommunication , and damnation , might not possesse tithes , and church livings , though granted by kings and bishops , but must restore them . cap. xxi . in what right tithes are due : and first of the law of nature . vve have said in our definition , that they be due unto god : now we are to shew by what right , and to prove it . first , therefore , i divide tithes into two sorts , morall , and leviticall ; morall , are those which were due to god before the law given in the time of nature . leviticall , are those nine parts assigned by god himself , ( upon giving the law ) unto the levites for their maintenance , the tenth part being still reserved to himself , and retained in his own hands . morall tithes were paid by man unto god , absque praecepto , without any commandement ; leviticall tithes were paid by the israelites unto the levites , as transacted and set over by god unto them pro tempore for the time being , and that by an expresse canon of the ceremoniall law . to speak in the phrase of lawyers , and to make a case of it ; god is originally seised of tithes to his own use , in dominico suo , ut de feodo , in his own demesne , as of fee-simple , or as i may say , jure coronae , and being so seised by his charter dated , year after the flood , he granted them over to the levites , and the issue male of their body lawfully begotten , to hold of himself in frank-almoigne , by the service of his altar and tabernacle , rendring yearly unto him the tenth part thereof : so that the levites are meerly tenants in tail , the reversion expectant to the donor , and consequently their issue failing , and the consideration and services being extinct and determined , the thing granted is to revert to the donor , and then is god seised again as in his first estate , of all the ten parts in fee. but we must prove the parts of the case : and first , the title , namely , that he was seised in fee of originall tithes , that is , that originall tithes doe for ever belong unto him . hear the evidence : which i will divide into three parts , as grounding it first upon the law of nature ; secondly , upon the law of god ; and thirdly , upon the law of nations . cap. xxii . how far forth they be due by the law of nature . vvhen i said by the law of nature , my meaning is not to tiemy self to that same jus naturale , defined by justinian , which is common to beasts , as well as to men . but to nature taken in the sense that tully after the opinion of others , delivers it to be , — vim rationis atquè ordinis participem , tanquam via progredientem declarantemque , quid , cujusque causa , res efficiat , quid sequatur , &c. the vertue and power of reason and order , that goeth before us as a guide in the way , and sheweth us , what it is that worketh all things , the end why , and what thereupon ensueth or dependeth . this by some is called the law of nature , secondary or speciall , because it belongeth onely to reasonable creatures , and not generally to all living things ; in respect whereof it is also called the law of reason , and it is written in the heart of every man , by the instinct of nature , as isidor faith , ( not by any legall constitution ) teaching and instructing all nations through the whole world todiscern between good and evill , and to affect the one as leading to the perfection of worldly felicity , and to eschew the other , as the opposite thereof . this is that law written in the hearts of the heathen , made them to be a law unto themselves , as it is said , rom. . . and by the instinct of nature , to doe the very works of the law of god , with admirable integrity and resolution . this is that law that led them to the knowledge of god that they had , whereby they confesse him to be the creator , supporter , and preserver of all things , seeing all things , knowing all things , and doing whatsoever pleaseth himself , to be omnipotent , eternall , infinite , incomprehensible , without beginning or end , good , perfect , just , hating evill , and ever doing good , a blessed spirit , and as plato calleth him , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the greatest spirit , that giveth all good things unto man , that guideth his actions , and blesseth his labours : all this and much more , did the very heathen by this law of nature , conceive and pronounce of god , and therewithall confessed , that by reason thereof they were justly tyed to yeeld him all service , honour , obedience , praise , and thanksgiving ; but wanting graceto direct them above nature in the right ways thereof , they first swarved on one hand , then on the other , and at length they fell into their innumerable superstitions and idolatries ; yet as they concurred with us in these fundamentall points of christian confession , touching the nature of god , so did they likewise in the fundamentall course of serving and worshipping him ; as by prayer , to crave blessings , by hymnes , to celebrate his praise ; by oblations , to shew their thankfulnesse to him ; by sacrifice , to make atonement with him for their sins and trespasses ; by honouring and maintaining his servants , priests , & ministers , to expresse the honour , love , and reverence they bear unto himself . some are of opinion that they learned much of this from the children of god. so ambrose alledgeth , that plato did of jeremy the prophet , meeting him in aegypt ; but it appeareth that jeremy lived before plato almost . years : yet it is doubtlesse , that with their bloud and linage they deducted many particular rites and ceremonies from noah and his nephews : but these notions i speak of , rise out of the very law of nature written in their hearts by the finger of god , as s. augustine witnesseth , saying , quis scribit in cordibus hominum naturalem legem nisi ipse deus ? who writeth the law of nature in the hearts of men but god himself ? and calvin agreeth , that the knowledge of god is naturally planted in the mindes of all men ; do we not see at this day , the very barbarous , and ( almost ) savage indians , agree in effect , most of them , aforesaid touching the nature of god , and the course of worshipping him also , yea , in the five ways we spake of , viz. by prayer , by songs , by offerings , by sacrifice , and by honouring and maintaining his priests and servants ? who taught them this , if not the very law of nature ? me thinks i hear some answer me , the devill ; and i must answer them , that it is true , the devil taught them to pervert these notions , but it is god that wrote them originally in their heart , though the devil hath choaked and corrupted them . but say that the heathen learned these of the children of god , whence did the children of god learn it themselves , before the law was given ? who taught cain and abel to offer their first-fruits , & to sacrifice ? abraham and jacob to give tithes of all that they had ? lactantius saith , that the law of nature taught to give offerings to god , and the practice of all the nations of the world , in all ages , and in all religions confirmeth it . as soon as christ was born , the wise men that came afar off out of the east , brought offerings unto him , as directed onely by the law of nature , for they were gentiles : and none used to visit the temple of god but with some presents ; not that god is delighted with such things , but that their affections by the fruits of their devotion were made manifest , the church and service of god maintained , and those that were in need and necessity , orphanes , widows , strangers , and the poor people provided for and relieved ▪ for these are gods care , and are to him as the dearest kinde of his children , and though younger brothers as touching the worldly inheritance , yet those on whom he thinketh the fat calf well bestowed . donum ( saith lactantius ) est integritas animi : the gifts we give unto god are a testimony of our frank and open heart towards him . an offering of a free heart ( saith david ) will i give unto thee : out of his abundance we have received all things , and out of ours let us render some . cap. xxiii . tithes in the time of nature : first considered in the time of paradise . i would not be so curious as to seek the institution of tithes in paradise : yet no man will deny but that paradise was a modell of the church , and that god had his honourary rights in all the three kindes , he now requireth them at our hands , namely , ● portion of time , place , and of the fruits ; of the fruits , as the tree of knowledge ; of the place , as the midst of the garden ▪ the time , as the cool of the day , which fignifieth the time of rest , and so the lords day : as more particularly wee shall shew by and by . touching the fruit , it was the portion that god reserved from adam when he gave him all the rest ; and that portion also that justly and properly belongeth to god , knowledge . and therefore this part particularly was assigned by god unto his priests , as the sacred keepers of this his sacred treasure , and therefore no other man might invade this his right and inheritance , knowledge ( saith malachi ) belongeth to the priest. touching place , what should be assigned to the chiefest , but the chiefest ? and what is the best and chiefest , but the midst ? for medium — and therefore the place here where gods portion is assigned him , is the midst of the garden ; and therefore into this place doth adam flye as into sanctuary , and to the horns of the altar , when he had offended , for it is said , that adam hid himself in the midst of the garden : so calvin , which is , the trees in the midst of the garden . and touching the time , it is by all expositors upon the matter , applied to the time of rest : for either they expound the cool of the day to be the evening , as oncalus , or the morning , as calvin ; and take it in either of these senses , it may aptly discover the judaicall sabbath in the first sense , or the christians sabbath in the latter . and as these are the times when we are to make our publick reckonings , confessions , and prayers unto god , and thereupon to receive sentence of curse or absolution ▪ so at this time , presently god calleth adam and eve , and the serpent , that is , the whole congregation of paradise to a publique reckoning , confession , and account ; and like the great ordinary and bishop of his church , denounceth against them the curse that their sins had demerited . if occasion required , i could shew many other particulars wherein paradise exemplified the very church of christ. again , these rights of honour are likewise prefigured unto us in other examples , under the age of nature , the time i mean before the floud : for we have therein three great examples of all these his three rights . first , in the creation of the earth he reserved a particular place for himself as the place of his own resort and pleasure , paradise ; which was the very locall place of his church , and therefore out thereof he threw man , being accursed as a prophane and excommunicate person . and as touching his portion of time , he figuratively shewed the seventh part of our age to belong unto him , as in respect of his sabbath , when he took enoch , being the seventh from adam , to keep his perpetuall sabbath . and so likewise all the fruits of the tenth age ▪ which was that of noah ( for he was the tenth from adam ) he took wholly to himself : making the evill parts as a sacrifice of his wrath , to honour him by their destruction , and the better parts , which were saved in the ark of his church , to glorifie his name by their preservation : so that in this time of nature , the full tenth of all things was paid unto god as a propitiatory sacrifice , for of the ten ages from adam hee had the fruits of one whole age , which is all one as if he had had the tenth part of every particular thing as it grew due in every particular age , and so the church expoundeth in that canon of the councell of 〈◊〉 where it is commanded that the — cap. xxiv . the time of nature , after the fall . let us take a view of the state of religion before the law , and from thence unto the calling of the levites to the service of the tabernacle . the time before the law was the kingdome of sin and of death , having no means propounded whereby to escape , but what the light and law of nature taught unto men , who finding themselves fallen from the favour devised by invocation and beating of the heavens , with continuall odours and savours to seek for mercy at gods hand , and by sacrificing of bullocks and brute beasts to ransome themselves as far as they might from his heavy displeasure . therefore in those times though every man might offer oblations and sacrifices that would , yet because the order thereof might bee the more certain and reverent , both the children of god , and the heathen also , ordained to themselves particular persons of greatest worth , wisdome , and sanctity , which they called their priests to take care of these things , to see them performed in such manner as might make them most acceptable to god. hereby grew the reputation of priesthood to be above all dignities , that in those days the kings themselves in all nations affected it as the greatest and immediate honour under god himself . yet because necessity required so great a number of priests for the service of god , as there could not be had kings enough for that purpose , therefore other inferiour persons were also called to that excellent function ; yet such as in one respect or other were still the noblest that were to be found . therefore even in that time ( i mean before the law was given ) god promiseth the israelites that if they will hear his voice indeed , and keep his covenant , they shall not only be his chiefest treasure upon earth , but they shall be unto him also a kingdome of priests , exod. . , & . of these kingly priests , two are mentioned in scripture before the law ; melchisedek priest and king of salem , and revel or jethro , prince and priest of midian . of other priests it appeareth in exod. . . & . that there were many . let the priests ( saith god ) that come to the lord be sanctified ; and again , let not the priests break their bounds , &c. touching these priests we finde no mention either how they were called to their function , or how they were maintained in it ; neither of them that executed that place after the law was given till the calling of the levites , which though it were a short time , as not above a year and some months , yet must they have some maintenance and means to live on even during that time . the priests of aegypt had not onely lands for their maintenance , but they also had a certain part appointed them by pharaoh to live upon ; and though it appeareth not by the scripture what this part was , yet it is plain , that it was such , and so bountifull , as when all the other egyptians sold their land to joseph for pharaoh to save their lives in the famine , they lived upon this part and kept their lands . the children of god ( no doubt ) came not behinde the heathen in devotion , and consequently not in their bounty to their priests ; therefore though we have no authority to demonstrate unto us the particular means wherein they were provided for , before the law , yet we may very probably conceive it to be much after the manner of the heathen priests of that time , for that the priests and children of god being then scattered amongst the heathen , as melchisedek among the canaanites , jethro amongst the midianites , could use no rites nor ceremonies in the worship of the true god , but the heathen would have the same in the service of their gods : insomuch as nothing is mentioned in the scripture concerning the same before the leviticall institutions , but it is particularly found among the gentiles first , touching both their priests and manner of sanctifying of them , as also touching their offerings , altars , and sacrifices , and the manner of feasting at the sacrifice of thanksgiving used by jethro , exod. . . i infer therefore , that seeing the heathen took their originall manner of holy rites from the children of god , that therefore what originall rites the heathen had in their service of their religion , that the same were in use also among the children of god , though they be not mentioned in the scripture : and consequently , that insomuch as the heathen universally paid tithes and first-fruits unto their gods and priests , that therefore the children of god did so likewise from the beginning to the true god. and to this agreeth hugo cardinalis , saying , it is thought that adam taught his sons to offer first-fruits and tenths unto god : so that the children of god borrowed it not from the heathen , or the heathen from them , but both the one and the other from the law of nature ; for as ambrose saith , god therefore by moses followed not the fashion of the gentiles : non ergo deus per mosem gentilium formam sequutus est ; sed ipsa naturalis ratio hoc habet , ut quis inde vivat ubi laborat , in epist. cor. ca. . c. . col. c. and as the examples of abraham and jacob do plainly confirm it to be done by them , so doubtlesse was it also done by other of the hebrews ; even before the leviticall institutions , and even then holden and taken to be a duty belonging unto god , as plainly appeareth by gods own mouth in . exod. . when hee saith , and that before the leviticall institutions : thine abundance and thy liquor shalt thou not keep back : which all interpreters agree to be spoken of the tithe and first-fruits of corn , oyl , and wine , and therefore jerome doubted not so to translate it , viz. thy tithes and first-fruits shalt thou not keep back : wherein the word keep back , non tardabis , is very materially to be considered , as evidently shewing , that it was a custome of old to pay these tithes unto the lord , and therefore that he now required them not as a new thing , but as due unto him by an ancient usage . that the word non tardabis , thou shalt not keep back , or delay , implieth a thing formerly due , very reason telleth us , and the use of it in other parts of scripture doth confirm it , for the very same word 〈◊〉 is used in the same sense , deut. . . when thou vowest a vow unto the lord thy god , non tardabis , thou shalt not be slack to pay it , or shalt not keep it back : this is not a commandement to pay or give a new thing , but to pay that is already due , the thing vowed . in the same sense it is said , pet. . . non tardat dominus promissa , the lord is not slack in performing his promise , that is , not slacke , or holding that back which in his honour and justice he hath tied himself to pay or perform ; the blessing he promised , which by his promise is made a debt . cap. xxv . that they are due by the law of god. it is said in genesis in the end of the . ca. and so on in the . and in the . to the hebrews , that whilst abraham dwelt at hebron , in the plain of mamre , his brother lot was carried away prisoner by the foure ( assyrian , or babylonian ) kings , with all that he had , and that abraham confederate with mamre the amorite and his brethren , escol and aner , armed his houshold , even the bond-men as well as free , . in all , and pursued them unto dan , where hee smote them in the night , and recovered lot and the prey : and that as he returned , melchisedek king of salem , priest of the most high god , met him , and gave him bread and wine , and blessed him , and prayed and praised god for him : and that abraham did thereupon give him the tithe of all . this place of scripture is very materiall for our purpose , as portraiting unto us the whole modell or plat-form of the church now under the gospel , even as if the one were measured out by the other , with a line , or rod , as moses measured the tabernacle , and as if god had said as he did unto moses , see that thou make it in all things like the pattern i have shewed thee , exod. . . the last . we will therefore stay a while upon it , and consider the action , the time , the place , the persons , and some other circumstances . the action , as having nothing in it belonging to the leviticall law , and therefore a plain direction unto us how to demean our selves under the gospel . the time , as performed before the law was given , namely , about . years after the flood , both according to the rites that time , and to be president for the time to come after the law abolished . the places where this action was performed , hebron , dan , and salem ; hebron , a place in judah where abraham dwelt afterward , one of the leviticall cities , from whence abraham departed , when he went into this expedition . dan , the uttermost limit of the holy land , whither abraham pursued his enemies , and there slew and chased them . salem , the place where melchisedek was king , which by reason of josephus his mistaking it , is commonly taken to be jerusalem , but erroneously , as jerome and lyra explain it : for saint hierome out of the ancient rabbins sheweth it to be a town neer so called in his time , and men then shewing the ruines of melchisedeks palace in great magnificence . s. john also doth witnesse it to be enon , a known town in jeromes time neer jordan , where the spring was that john baptist baptized in : john also ( saith he ) baptized at elim , besides salem , because there was much water there : so that the first door that was opened into the kingdome of heaven by the preaching of the gospel , the first administration of the sacrament of baptisme , as s. john here reporteth it , was within the territories of the kingdome of salem , that is , by interpretation , the kingdome of peace and righteousnesse , which baptisme bringeth by washing away originall sin . the persons are , melchisedek , abraham and his confederates , and family . melchisedek is the image of christ , king of righteousnesse and peace , the priest of the high god , and a priest for ever ; for the scripture neither sheweth his beginning , nor his ending . a priest , not anointed with materiall oyle , after the ceremony of the leviticall ▪ law , not ordained for a time as aaron , but established with an oath by god himself to be for ever : and sanctified with the spirituall oyle of gladnesse above all the ranks and orders of leviticall priesthood . abraham an hebrew and representing the rest of the hebrews , gods chosen people : father of the jews by circumcision , and by faith the father of the gentiles . his confederates , mamre , escol , aner , amorites and gentiles , representing the whole body of the gentiles . the family of abraham , as well bond-men as free-men , all mingled together , and all here marching as under one ensign , not of the leviticall ▪ law , which onely belonged to the jew , but of the new testament , embracing both jew and gentile , bondmen and free-men , the children of hagar as well as sarah . their enemies are the idolatrous ▪ assyrtans or babylonians , who spoil the people of god , and these abraham pursueth , killeth , and chaseth beyond dan , that is , out of the church . to apply and morall this to the church under the gospel ▪ they that are the true children and consorts of abraham , whether hebrews or gentiles , free or bond , who now are all alike , they must depart out of the leviticall ▪ ●ities , that is , the ordinances and ceremonies of the law : they must fight against the foure great kings , the enemies of lot , and of the children of god ; sin , flesh , the world , and the devill . so hugo expoundeth them , they must chase and cast them not onely out of the temple of their heart , but out of the compasse and bounds of the church of christ , and so kill and subdue them by faith and repentance , even when they are asleep , and thereby seem to have surest possession of them . having thus conquered , melchisedek , our saviour christ , will meet them in their return , but where ? not till they come within the territories of salem , into the bounds of the church by the sacrament of baptisme ; and then he will not stay till he be called and wakened , as he did in the ship with peter , but as he is our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he will come forth of himself and meet them , and give them bread and wine , as melchisedek did , to strengthen and confirm them , that is , the other sacrament of the body and bloud . then as a perpetuall high priest and mediator he doth blesse them , and make intercession for them , as melchisedek did abraham , and his spirituall posterity in the person of abraham , as well jews as gentiles ; for in the person of abraham , melchisedek blessed both , the jews as his children by circumcision , and the gentiles as his children by faith . then must wee doe as abraham did in his own and our person , give tithe of all to melchisedek and his substitutes . melchisedek gave bread and wine really , and we must also as abraham did , give him the tithe really . and this tithe was not given to melchisedek as a leviticall duty , but as a duty belonging to god both before the law , and in the time of the gospel : for melchisedek met not abraham with oblations and sacrifice , like a priest of the law , but with bread and wine , the elements of the sacrament of the gospel , which in figure thereof are onely remembred in this place by the holy ghost ; though josephus mentioneth many other rich gifts at this very time plentifully given by melchisedek to abraham : so that if melchisedek in the person of christ received tithe , then doubtlesse is tithe due unto christ , and consequently to his ministers . this is the first place in scripture wherein tithes be mentioned , therefore some may think it the first time they were paid , but that is no argument ; for so it is the first place where a priest is mentioned , yet no doubt priests were before . noah performed the priests office when he built an altar , and offered of every cleane beast , and fowl upon it , gen. . . and it is very likely that melchisedek himself had borne the office of a priest many hundred years before he met abraham , though the scripture doth not mention him till the meeting ; for if it be lawfull to enquire of that the holy ghost revealeth not , many great divines are of opinion , that he was sem the son of noah ; ( whom the salemites had made their king ) and it may well be , for it appeareth in gen. . that sem lived . years , whereof . after the floud , and of them . in the life of abraham : so that to those of that new world that abraham lived in , ( i mean after the floud ) he might well seem without father or mother , or any beginning , being born almost . years before the floud , and to have been a priest for ever . and then in like consequence he might have received tithes of divers other before he thus met abraham : for that use was common long before among the heathen , and likely it is , that the heathen rather learned it of the children of god , then that the children of god should learn it of them , as hemmingius would have it , who saith , that abraham gave these tithes of his own accord , following therein ( without all doubt ) the manner of conquerors , which were wont to confecrate the tithe of the spoil unto their gods , or to bestow it upon their priests . i read in ovid , that bacchus who lived before this time , having conquered the indians , and other nations , sent the first-fruits of the spoile magno jovi , to great jupiter : but whether abraham either heard of it , or took it for a precedent , that cannot i tell . te memorant gange totoque oriente subact● primitias magno supposuisse jovi . cinnama tu primus captivaque thura dedisti , deque triumphato viscera tostabove . fastor . li. . the next place of scripture mentioning tithes is the . gen. ver . the last . jacob going upon his adventure , voweth , that if god will be with him in his journey , and give him meat and cloth , and so that he return safe , then ( saith he ) the lord shall be my god , and this stone which i here set up as a pillar shall be gods house , and of all that thou shalt give me , will i give the tenth unto thee . romulus made the like vow for building the temple to jupiter feretrius upon mount palatine . tatius and tarquinius upon tarpeius . william the conquerour for battail abbey . but hemmingius cannot say that jacob did it by their example , for they lived too too long after him . i think rather that the law of nature and reason taught all nations to render honour , thanks , and service unto god , and that the children of god being more illuminate in the true course thereof , then the heathen by the light of reason could be , first began the precedent , and that then the heathen dwelling round about them apprehended and dispersed it ; for the use of paying tithes even in those first ages of the world was generall , as hereafter shall appear . but iacob doth not here bargain and condition with god , that if god will doe thus and thus , that then he shall be his god , and that he will build him an house , and pay him tithe , and otherwise not ; but he alledgeth it as shewing by this means he shall bee the better enabled to perform those debts and duties that he oweth unto god , and will therefore doe it the more readily . the actions and answers of the sages are in all laws a law to their posterity . iustinian the emperour doth therefore make them a part of the civill law. the common lawyers doe so alledge them , and the law of the holy church hath always so received & allowed them . and though saint augustine saith , that the examples of the righteous are not set forth unto us , that thereby we should be justified ; yet he addeth further , that they are set forth to the end that we by imitating them may know our selves to be justified by him that justifieth them . why then should we now call tithes in question , since we find them to be paid and confirmed by two such great sages and patriarchs , abraham & iacob ? yea , their payment practised generally by all the nations of the world for . years at least , never abrogated by any law , but confirmed also by all the fathers and doctors of the church ; and not impugned by a single author , as far as i can find during all the time i speak of ? well ; it will be said , that all this is nothing , if the word of god commandeth it not ; for every thing must be weighed and valued by the shekel of the sanctuary , lev. . . they may by the same reason take away our churches , for i finde not in all the bible any text wherein it is commanded that we should build us churches : neither did the christians either in the apostles time , nor . yeares after , build themselves churches like these of ours , but contented themselves at first to meet in houses , which thereupon were called aedes sacrae . and to shew that they were commanded by the leviticall law , will not serve our turn , for it will be said , the statute of repeal , even the two words spoken by our saviour upon the crosse , consummatum est , iohn . . clearly abrogated that law : but it is to be well examined , how far this repeal extendeth : for though the letter of it be taken away , yet the spirituall sense thereof remaineth ; for ierome saith , that almost every syllable thereof breatheth forth an heavenly sacrament . saint augustine saith , the christians doe keep it spiritually , so that if tithe be not given in the tenth , according to the leviticall institution , yet the spirituall meaning of providing for the clergy our levites remaineth . but with the precepts of the leviticall and ceremoniall laws divers rules of the morall law are also mingled : as the laws against witches , userers , oppressors , &c. the laws that command us to lend to our brother without interest , and to sanctifie the sabbath ; for though the institution of the sabbath be changed , yet the spirituall observation remaineth , and that not onely in the manner of sanctifying it , but as touching the time also , even the seventh day . notwithstanding i find not , that the apostles commanded us to change it , but because they did change it , we take their practice to be as a law unto us : yet though they changed the time , they altered not the number , that is , the seventh day . i will then reason that god hath as good right to our goods of the world , as to the days of our life : and that a part of them belong unto him , as well as the other . and the action of abraham and jacob may as well be a precedent to us for the one , ( in what proportion we are to render them ) as that of the apostles in the other ; for both of them were out of the law , the one after it , the other before it : and why may not the limitation of the day appointed to the lord for his sabbath be altered and changed , as well as the portion appointed to him for the tenth ? you will say , the seventh day was not due to him by the law of nature , for then abraham and the fathers should have kept it before the law given , but it held the fittest analogy to that naturall duty , that we owe to the service of god ; and therefore when that portion of time was once particularly chosen by god for his service , by reason himself had commanded it under the law , the apostles , after the law was abolished , retained it in the gospel : and so since the number of the tenth was both given to god before the law , and required by him in the time of the law , being also most consonant to all other respects , great reason it is to hold it in the age of the gospel . yet with this difference , that in the old law the sabbath was the last part of the seven days , and in the gospel it is the first , because our saviour rose from the dead the first day of the week , and not the seventh . god is our lord , and we owe him both rent and service : our service is appointed to bee due every seventh day , our rent to be the tenth part of our encrease . he dealeth not like the hard landlords , that will have their rent though their tenants bee losers by their land , but he requireth nothing save out of their gain , and but the tenth part thereof onely . these two retributions of rendring him the seventh day of our life , and the tenth part of our goods , are a plain demonstration to us , of our spirituall and temporall duty towards god. spiritually , in keeping the sabbath ▪ and temporally , in payment of tithes , that is , in providing for his ministry , and them in necessity ; the one being the image of our faith , the other of our works : for seven is the number of spirituall sanctification , ten the number of legall justification . therefore to pay all the nine parts was nothing , if we failed in the tenth ; for the tenth is the number of perfection , and therefore required above all other as the type of legall justification . and as our faith is nothing without works , so neither is the sabbath without tithes : for they that minister to us the spirituall blessings of the sabbath , must receive from us the temporall gratuities of tithing . cap. xxvi . that they are due by the law of nations . the law of nations is that which groundeth it self upon such manifest rules of reason , as all the nations of the world perceive them to be just , and do therefore admit them as effectually by the instinct of nature as if they had been concluded of by an universall parliament . therefore in truth , this is no other , but that which the philosophers call the law of nature ; oratours , the law of reason ; divines , the morall law ; and civilians , the law of nations . as far then as tithe is due by one of these , so far likewise it is due by all the rest : and consequently the reasons that prove it in the one , doe in like manner prove it in all the other . i will not therefore insist here upon arguments , but remit you to that hath been formerly said touching the law of nature , and demonstrate unto you by the practice of all nations , what the resolution of the world hath been herein through all ages . so ancient it is among the heathens , that good divines are of opinion , that abraham took example thereof from the heathen : but others with more reason conceive it to be practised even by the children of adam as well as sacrificing and the offering of first-fruits , as by the opinion of hugo cardinalis i have shewed in another place . besides , i find not any mention of tithe paid by the gentiles , before the time of dionysius commonly called bacchus , who having conquered the indians sent a present of the spoil magno jovi , as ovid witnesseth ; and this was about . after that abraham tithed to melchisedek . cyrus having collected a great sum of mony amongst his captives , caused it to be divided , & delivered the tithe thereof to the praetors , to be consecrated to apollo , and diana of ephesus , as he had vowed . xenophon in cyro . l. . alexander the great having conquered the countries of sweet odours and frankincense sent a whole ship-loading thereof to leonides in greece , that he might burn it bountifully unto the gods. plin. li. . c. . posthumius having overthrown the latines , paid the tithes of the spoil , as before he had vowed . dionys. halicar . li. . livius . nebuchodonosor did the like ( too bountifully as josephus reporteth it ) to the temple of belus . ant. l. . c. . rhodopis a thracian woman , before the time of cyrus , gave the tenth part of all her goods unto delphos . herodot . euterpe , pag. . the crotoniati warring upon the locrenses , vowed the tenth part of the spoil to apollo : but the locrians , to exceed them in their vow , vowed the ninth part . alex. ab alex. . agis king of lacedaemon went to delphos , and there offered his tithe unto god. xenophon de rebus gestis grae. li. . agesilaus conquered so much of his enemies country , that in two years he dedicated above an hundred talents to god for the tithe . xenoph. de agesil . laud. the liparians having overcome the hetruscians in many sea battails , sent the tithe of the spoil to delphos . diodor. . l. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the custome of the ancient gauls ( and so likewise , no doubt , of our brittish ancestors ) was to give all ( in effect ) that they got by the wars unto their gods , as caesar witnesseth , and to sacrifice the cattell so taken . de bell. gal. lib. . . and this use of tithing the spoile obtained in war was every where so ordinary , that croesus the king of lydia being overcome by cyrus , and taken into mercy told him , as advising him for his good , that he must of necessity render the tithe of the spoil unto jove , and that he should therefore set a guard at every gate of the city to prevent the soldiers from embezling of it . herodot . in clio. li. . p. . i reckon up these particulars the more willingly to beget shame and remorse , if it were possible , in the soldiers of our time , that having been exceedingly enriched in this kind , have not i fear remembred god , with so much as croesus did , when he sent no more but his iron shackles to delphos . herodot . ib. fo . . yet god had . servants that elias knew not of , and therefore i will not judge them . as military men abounded thus with devotion , so those of peaceable professions came not behinde them ; for festus witnesseth , lib. . p. . l. . that they of the old world offered every tenth thing unto god ; and varro in his book , de re rustica , adviseth every man to pay his tithes diligently of the fruits of his ground . therefore because the sicilians were more happy in corn , then other nations , they exceeded all other in thankfulnesse to ceres , as appeareth by diodor. sic. . in pede , &c. and for that the athenians were next in that felicity , they did the like , and instituted further in her honour , initia eleusina , i. the feast of the first-fruits , which for the great antiquity and holinesse thereof were , as diodorus reporteth , celebrated of all the people of the world . pliny saith , the arabians tithed their frank incense to their god sabin , not by weight , ( as sparingly ) but by measure , as a more bountifull manner . lib. . ca. . pag. . l. . the aethiopians cut not their cinnamon , but with prayers made first to their gods , and a sacrifice of . goats & rams : and then the priest dividing the cinnamon , took that part belonging to their god , and left them the rest to make merchandise of . plin. l. . ca. . fol. . in pede . the siphnians sent at one time so great a tithe out of their silver and gold mines to delphos , as the richest man of that age was not more worth . herodot . thalia , lib. . fol. . the romans , and generally all nations , paid the tithe of their fruits to hercules , and they held it the happyest thing to vow the payment of them faithfully : and they thought that the cause that lucullus abounded so much above other in wealth was , that he paid his tithe so faithfully . alex. ab alex. lib. . . as they paid their tithes out of the fruits of the earth , so did they likewise out of their privy gains and industry . herodotus writeth , that the samians ( a small people ) yeelded at one time six talents for the tithe of their grain gotten by merchanchise . melpom. li. . . and that nothing might goe untithed , the ancients paid a tithe of the very beasts killed in hunting , namely , the skins thereof to diana . et penet in trivia . — — — — dives praedae tamen accipit omni exuvias diana tholo . — — papin . so hesodius offered the tripod he won at amphidamas game , as the prize of poetry , and upon the altar of the muses . additions to the . chapter of the law of nations . these laws of the heathens are but few of many more that might have been collected ; if any reader therefore desire to be further satisfied touching the practice and custome of the gentiles , in payment of tithes , he may abundanly receive content from m. selden in his history , cap. . and mountague in his diatrib . cap. . out of both some collections are here added . some perhaps will say , it is lesse materiall to consider their doings , seeing we christians have the light of israel to direct us , and the assured word of god to our guide ; as for the customes of the gentiles , they might in many things imitate gods own people , but we may have recourse to the fountain of all truth , to him , who is the way , the truth , and the light . it is true , but god himself hath been often pleased to upbraid and provoke his own people , by the example of a foolish and ignorant people , and to call heaven and earth to witnesse against his own , when they have been obstinate and perverse in their ways . and our saviour saith , that the men of ninive shall rise up in judgement , and also the queen of sheba , against them who neglected so great means of salvation and instruction , as the people enjoyed , when he and his disciples preached to them ; and that it shall be more tolerable for sodome and gomorrah at the last day , then for chorazin and bethsaida , who heard his doctrine and saw his works . so doubtlesse we christians in this last age , in this light of learning and sun-shine of the gospel , may learn by the examples of the very heathens , who were so precisely observant both of the quantity , the tenth , and of the quality , in giving the best of the encrease , which must needs proceed out of some secret inclination unto that practice , whereof ( as in many other remains of naturall notions ) they knew no reason , but were secretly inclined thereto , by that providence which disposeth all things , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or at least , from long continued practice and traditions , as they had many , taken from divine instruction at the first , though whence they had them they could not tell ; not utterly abolished and obliterated in the darknesse of pagan errors . paulus diaconus , in his abridgement of festus , doth witnesse the generall practice of the gentiles : decima quaeque veteres diis suis offerebant . diodorus siculus , lib. . saith , that hercules being very well pleased with the kindnesse of the inhabitants of palatium , foretold them ▪ that after his canonication those that would consecrate the tenth part of their substance unto hercules , should be very fortunate and prosperous in the whole course of their life : which continued , saith diodorus , a custome unto my time ; and he lived in the days of julius caesar. and prosecuting the point , doth instance in lucullus , and other wealthy romans , saying , many romans accordingly , not onely such as were of very mean estates , but also many of the richest sort have made these vows unto hercules , to give him the tenth of all : and they becomming afterward very wealthy , have accordingly given unto him the tenth , their state amounting to m. m. m. m. talents . l. lucullus , well-nigh the wealthiest romane of his time , making an estimate of all that he was worth , gave the tenth in oblation unto this deity : which tenth he laid out upon many and sumptuous feastings to his honour , gifts to his temples , and the like . and these herculean tenths were , therumatus , of a fair eye , given with a liberall and plentifull hand , as appeareth by that which sylla , lucullus , and crassus did : so plautus useth , obsonare pollucibiliter , to riot it , and fare as they doe that sacrifice unto hercules ; and quaestus herculeus , exceeding great gains : which is a most sure proof how prodigally liberall these pagans were in paying their tithes of their never so great wealth unto their poppet gods , having never heard of the reward of the righteous , nor happinesse in heaven , laid up for all those that so honour god. and to this doth tertullian allude , speaking of the prodigality of the gentiles in such feasts . herculanarum decimarum & polluctorum sumptus tabularii supputabunt . which ready forwardnesse of theirs , shall one day rise up in judgement , and cause it to be easier in the day of vengeance for those pagans that knew not god , then it will be for many millions of christians , that are both witty and couragious to withhold from god his due , and defraud him of that which in his name , and for his right sake was given unto those that intruded on his place , as an annexum thereto amongst the pagans . halicarnasseus reporteth , that the pelasgi in a dearth and great scarcity of all things , vowed , upon plenty sent unto them , to give the tenth of all that god should send unto them , unto jupiter , apollo , and the cabiri , or the samothracian deities : intending that this misery and scarcity came unto them for their former neglect and contempt of that part of piety . vpon this vow of amendment , they had their desire ; plenty was sent them , and then , setting aside the dedicate portion , the tenth of all their encrease of their grounds , and of their cattell , they offered it unto those gods . the perpetuall use and practise amongst the romans appeareth by trebatius , who wrote ( saith macrobius ) de religionibus , of the religious rites and ceremonies of the pagans . trebatius in that book , as arnobius telleth us , declareth a custome yearly with the romans ; that the encrease of their vintage was by solemn words and formalities set apart from ordinary and common use : for untill that ceremony so performed , whereby god did as it were give possession unto men , he as the giver of all things , and so of that naturall encrease , had in their opinion ( and this is a most remarkable passage for the right of tithes , as they opined ) right unto , and interest in all . nor was it lawfull among them for any man whatsoever , to use his own as his own , though it grew upon his own ground , was manured , tilled , sowed , set , preserved at his cost , with his labour and diligence , untill god had given him leave to doe it , being supplicated and sollicited thereunto by this formall ceremony . this is the summe of trebatius discourse in arnobius . this is that which may shame and confound all christians , that acknowledge no such right god hath , nor will be induced to professe it so : this will rise up in judgement against all maligners at , and detainers of the churches portion in tithes , gods right , our inheritance , by better conveyance then muncipall laws can afford any . cato de re rustica , ca. . hath the practice and the form . jupiter dapalis , quod tibi fieri oportet ( mark the word oportet , a matter of necessity ; not of voluntary devotion ) in domo , familia mea , culignam vini dapi ejus rei ergo . macte hac illace dape pollucenda esto . then , manus interluito , vinum sumito . he that performed this ceremony , was to doe so , and then to say , jupiter dapalis , macte istace dape pollucenda esto : macte vino inferio esto . nor did they thus appropriatly use this ceremony unto only jupiter , but unto what deity soever they did , acceptum referre their encrease . quoties aut thus , aut vinum super victimam fundebatur ( saith servius ) dicebant ; mactus est taurus vino , vel thure : hoc est , cumulata est hostia ; magis aucta est hostia . and cato hath the same form of words concerning other sacrifices besides this , cap. . . . arnobius in zeal to christian religion , derideth and scoffeth at this pagan use and ceremony ; but because they did not , recte offerre , doe it to the true god : not because they did not , rite dividere , doe that which was not to be done : not the thing done , but done unto jupiter , and unto idols , not to the true god of heaven and earth , was blamed . withall he giveth us to understand , that this erroneous act of theirs , had beginning from a true ground : that , the earth is the lords and all that therein is ; that , he hath given it to the sons of men ; that it is , he that openeth his hand , and filleth all things living with plenteousnesse ; that tithes and first-fruits are given unto god , to recognize his supream dominion over all : his admirable goodnesse in giving us whatsoever we possesse : and that by giving of them back unto him , as it were a certain quit-rent unto the lord paramount , thereby we doe , and not otherwise , a quire unto our selves a right unto the remains , with an interest therein , and not otherwise , to use them unto our own behoof ; which if we doe not , we are but vsurpers and intruders . for all the world , as the jewes did , who might not , durst not meddle with the encrease , untill they had paid god his due , and thereby purchased liberty to use their own . thus the gentiles who had not the law , by direction and light of nature though so much obscured , yet did the things of the law. concerning the siphnians ( whereof mention is made already ) it is further to be remembred , what pausanias expresly relateth of them : who saith , when covetousnesse made them leave paying that tribute of tithes , the sea brake in upon them and swallowed up their mines ; a just vengeance upon detainers of divine right , by dishonouring of god to lose all . so long as yearely they paid tithe of the encrease , so long it was well with them : so soon as they defrauded god of his right , god turned them in justice and vengeance out of all . aristotle reports , that cypselus had a speciall regard to the tenth , as competent to a deity , when he vowed all the goods of the citizens , if he could get corinth . aristotle was the great dictator of learning , in whom god would remonstrate what he could doe in meer nature , without supernaturall endowments of grace ; he speaks directly , that the tenth part is competent to a deity , and that , he vowed all the goods ; but because this vow implyed an absurdity , unlesse he meant , which he did not intend to ruine the city , he was fain to have recourse unto the ordinary use of tithing : but so , that the tithe decies repetita , should answer the proportion of his vow : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , having made a rate and cessement of every mans goods and state , he took the tenth part , for that yeer ; and so the next for ten years together , leaving them nine parts to trade with and live upon . every one did not so , but every conquerour that would not be unthankfull gave the tenth , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , unto god ; with us daily , men are not thankfull as they ought ; yet they should be gratefull . agesilaus , whiles he warred in asia and had the spoil of that wealthy country , made such havock upon the enemy , that within the compasse of two years , he sent more then one hundred talents , tithes , unto delphos , which proveth an ordinary spartane use and custome at least . the same agesilaus having vanquished the thebans , and their associates , in a great battail at coronaea , though having received many wounds in the fight , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , forgat not god , saith xenophon , nor to be thankfull unto god. that retrait which xenophon made with his ten thousand men out of upper asia , is the most remarkable piece of service one of them in all antiquity . in this hazard , xenophon , as himself relateth it , gave decimam spoliorum , partly unto apollo , partly unto diana of the ephesians . the tenth being separated for these two deities , was by generall consent committed unto the captains to be dedicated . that for apollo was laid up at delphos in the athenian treasury ( for most nations of greece had a severall one there . ) but with that other part , diana's part , xenophon purchased a piece of ground , and built there a temple , and an altar , and appointed the tenth of the yearly encrease for ever unto that service . this is a passage very considerable , there being not such an expresse and observable example in all antiquity for tithe in this kinde with an endowment of a church with lands . sacred is that land unto diana ; whosoever possesseth or occupieth the ground , must every year consecrate the tenth unto the service of diana , and employ the rest upon the fabrique and upholding of the temple . tithes of spoiles commonly paid amongst the graecians , but not accustomed in this sort to be employed . a generall sacred revenue appropriated to a speciall end ; where besides the profits and revenues of this land tithed , what was purchased with the tithe at first , unto diana , as president of the trade , and the chiefest ranger amongst pagans , tithe of venison and game is said in the same place to have been paid . diodorus siculus in his elventh book hath three severall instances , for tithing spoils of warre ; the first of pausanias , and the graecians , that having vanquished the persians , and slaine mardonius in the field : set apart the tenth of the spoils , and therewith caused a tripos of gold to be made , which they dedicated at delphos ; no vow preceding , nor other intimation being , but as done out of duty and ordinary profession of thankfulnesse . another of cimon the athenian generall , who remaining victor at the battail upon the river eurymedon , as pausanias had done , so did he , set out the tenth of the spoiles , as gods part , sacred and dedicated unto him , to god in generall , not naming apollo , or any else . in a third place , the argivi having made the mycenians their slaves and captives , consecrated the tithes of all they took to god , and utterly rased the town mycenae . porphyrie declareth , that first-fruits were given unto god , ( and what is said of first-fruits must be granted of tithes ) out of devotion by the pagans , of all things usefull to the life of man : as of corn , honey , wine , oyl , cakes , and what not ? those that gave nothing by way of thankfulnesse , out of their encrease and store , were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , irreligious-people ; not serving god , without piety : who never escaped punishment for their atheisme . the thoes a people confining upon thracia , that never used to give god first-fruits of any thing which they enjoyed , nor offered any thing at all unto the deity , were utterly destroyed out of the earth . the reason is well given by that prophane porphyrie , why men give tithe , first-fruits , sacrifice , and the like , out of the secrets of christian mysteries , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for all that we have or enjoy is gods , though the use or enjoying thereof seemeth to be ours , which reason being eternall , and undenyable in nature , professed and acknowledged by naturalists , without light of grace , none can doubt , but that the practice in being was out of that perswasion , and so of duty , and necessary tye , which none but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as pophyrie calleth them , did neglect : and for contempt whereof , even in opinion of pagan antiquity , exemplary punishment was inflicted on that people . no men , nor city , nor stone remained , and their memoriall perished from off the earth , saith porphyrie . the learned greek grammarians doe testifie and expound , the custome of tithing by the graecians , as valerius harpocration saith : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for they tithe all the spoils gotten of the enemy unto the gods . and long before harpocration , the learned grammarian didymus for his indefesse reading and writing , surnamed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ironside , or heart of oak , saith , as he is cited by harpocration , that properly and primarily , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to pay the tithe , was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to sanctifie , dedicate , or consecrate unto divine service , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in as much as it was a generall custome amongst all the graecians to give the tenth of any their encrease unto the gods . these two learned grammarians did know what was the ancient use among the graecians , better then any man now : because they did only hoc agere , having no other profession to distract their studies : and especially because both of them had , especially didymus , those helps in their dayes , which none can attain now unto ; the authors being lost , whom they saw and perused , whereby they might learn the graecian customes more particularly . besides the practice of the romans and graecians , other barbarous nations did observe the law of tithing : for in the remains of naturall understanding & notions , the barbarians had a part as wel , & often a greater part then the graecians or romans more civillized nations had ; and commonly the ancientest customes are to be found amongst the barbarians , and not among the graecians , nor romans , as common experience observeth . the carthaginians sent the tithes of their sicilian spoils unto hercules at tyre , for hercules was the chief patron and protector of tyre , and the carthaginians were a tyrian colony . nor did they send their tithe once , or sometime , or as they would , out of arbitrary devotion , but of ancient and ordinary custome , as diodorus siculus reporteth ; which growing into disuse , through negligence and disregard in long tract of time , many dysasters in war , and other crosses in affairs of state befell them . and thereupon to reconcile themselves , and appease hercules , they renued again the forgotten custome , and sent thither not only the tithe of the spoils , but of all things encreasing and renuing yearly . thus much is reported by diodorus , where he relateth into what straits the carthaginians were driven , and into how many hard assays , by agathocles the scicilian . it is a memorable place for such piety ; therefore it shall be here recited . the carthaginians supposing that these losses and dysasters were sent unto them of god , betooke themselves to all manner supplication and devotion ; and for so much as they supposed hercules especially to be angry with them , who was chiefly worshipped at tyrus , from whence originally they were extracted , they sent exceeding great presents and rich gifts thither . being thence descended they were accustomed in former times to send unto tyre the tenth for hercules , of all their revenues and encrease , any way renuing , issuing or growing ; but becomming in processe of time very wealthy , and having exceeding great commings in , they sent very seldome their tithe , and that but small and refuse , unto tyre , in neglect and disregard of the deity . but upon this great losse , comming home to themselves , and repenting of their irreligion , they became mindfull of the gods , all that were worshipped at tyre , and sent unto them the tenth . altogether as we use to serve god. phryx plagis . israel when god smote them , then they repented , returned , and honoured him : but when he turned his hand , they turned their hearts . so the carthaginians being plagued first , returned unto their former custome , ( an ancient custome beyond the memory of man , and yearly , not sometime ) and gave willingly in abundance their tenth part of all their commings in : not so much but of their children they gave the tenth , for they used to sacrifice them unto saturn , as israel did in the valley of hinnom . old father ennius remembreth this custome , poeni sos folitei sont sacrificare puellos : which custome seeing it remained unto tiberius caesars time , it is not likely they disused the other tenths . in like manner gelo the sicilian having vanquished the carthaginians in a most memorable battell , and slaine of them in the field an hundred and fifty thousand men , the greatest blow for massacre of men , that they at any time received in any battel : gelo having atchieved this , he reserved severall and apart the best and principall of the spoils ( which cannot well be denied to be a tenth ) meaning to adorn and honour the temple at syracuse : of the remains he reserved another portion ( without all doubt in quantity another tenth ) which he dedicated in the principall churches of himera ; the residue , after god had been served , he parted among his soldiers and confederates . thus it appeareth what the custome of tithing was among the heathens , which doubtlesse they learned as many other things , from the people of god ; as the ancient fathers have observed touching many passages of practice in holy writ : there especially , when they intreat , de graecorum furtis . so the names of deities , and other particular usages , they received from the hebrews , ( though with much difference and variety , both as comming farre , and not well apprehended , or understood in the carriage and delivery ) so also it is very probable , that of them the syrians , phoenicians , and egyptians , first learned to give the tenth unto god , and other holy usages , and then more remote nations afterward : which might well admit in passing up and down , and in long continuance , much variety , and not fully in every point answer the prototype , or originall . but from whence soever they received their first direction , for custome and practice they most part went beyond gods own people : which though it be strange , yet so it is , that in zeal unto piety and the service of god , not onely samaria hath exceeded jerusalem , but even babylon put down sion . and so theodoret complaineth , that the heathens did give their tenths and first-fruits , to be employed in their idolatrous service , to the maintenance of their temples , oratories , priests , and altars , in more liberall manner then christians : but saith he , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . such honour ( saith he , speaking of the care taken for the egyptian priests , gen. . ) the priests of the living god , and ministers of our redeemer christ jesus have not with us . and much lesse have they in these days , especially with us , who boast to have reformed things amisse . for yet , amongst those of the church of rome , it is otherwise , that think nothing too dear for their jesuites ; and have their priests in so great respect , that they fall down on their knees and desire their blessing every morning : but , nuper tarpeio quae sedit culmine cornix , est bene , non potuit dicere , dixit , erit . mr selden saith , that the turks pay the tenth according to the mosaicall law , which they receive as authentique , but keep it according to mahomets fancy , and the doctrine of his canonists . mr blunt an accurate observer in his travails affirmeth , that the turks in their principall cities have very stately moskeetoes ( i. churches ) of magnificent building , accommodated with goodly colledges for the priests lodgings , and bathes , equall to the monasteries of any city in christendome . aelian relateth ( as mr selden citeth him ) that some kinde of beasts in africa , alwayes divided their spoile into eleven parts , but would eat onely the tenne , leaving the eleventh as a kinde of first-fruits or tithe : and why may not beasts of the field teach men the practice of piety ? seeing man that is without understanding is compared to them . thus jews , pagans , turks , and some beasts have had a care to pay tithes , but many christians in these times come farre short in their duties , and may bee upbraided with these examples : which are here more largely insisted on , to shew the impiety of many men in these last days , who are more inexcusable , then ever any people were , because we have the rules and practice of all ages set before us for our direction ; as before the law of moses , in abraham and jacob : and likewise under the law , during the priesthood of aaron : and since under the gospel abundant light to guide us : besides all the records , histories , and monuments of gods judgements in former times to instruct us . all which ( saith the apostle , cor. . ) are written and recorded for our admonition , upon whom the ends of the world are come . if we therefore offend now , we are greater sinners then any former people , as sinning against conscience , knowledge , and examples of all ages ; and like to the servant , that knew his masters will , but did it not , who therefore must be beaten with many stripes . cap. xxvii . that they are due by the law of the land. as they are due by the law of nature , and of nations , by the law of god , and of the church : so are they likewise due by the very temporall laws of the land , as well ancient as later ; therefore edward the elder , and guthrun , saxon and danish kings , punished the not payment of tithes by their temporall constitutions . lambard . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , pag. . tom. . concil . britan. pag. . king athelstan about the year of our lord . not onely decreed them to be paid , by himself , his bishops , aldermen , and officers , but maintaineth that his law by the example of jacob , saying , decimas meas , & hostiam pacificam offeram tibi ; and by other effectuall authorities : providing precisely , that his owne tithes should diligently be paid , and appointing a time certain for doing thereof , viz. the feast of the decollation of s. john baptist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , pa. . tom. . concil . p. . king edmund about the year . in a solemn parliament , as well of the laity , as spiritualty , ordained that every man upon pain of his christendome , and being accursed , should pay them truly . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , pag. . tom. . concil . pag. . king edgar in a great parliament about the yeare . confirmed the payment of tithes , assigning certain times when every thing should be paid , viz. the tithe of all young things before whitsontide , of the fruits of the earth by the harvest aequinoctiall , ( i. about the . septemb. ) and of seed by martimas ; and this to be done under the pain mentioned in the book of the lawes of the land : whereby it appeareth that the laws of the land had anciently provided for the payment hereof ( though the book remaineth not to us at this day ) as well as the laws of the church . and he further enacted , that the sheriffe as well as the bishop and priest , should compell every man to pay their tithes , and should set it forth , and deliver it , if they would not , leaving to the party offending onely the th part : and that the other eight parts should be divided , four to the lord , and four to the bishop ; and that no man should herein be spared , were hee the kings officer , or any gentleman whatsoever . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. . tom. . concil pa. . king canutus , about the yeare . made the like law , with some little enlargement , as appeareth in his laws , ca. . and as malmesbury testifieth , strictly observed all the laws of the ancient kings , de gestis regum angl. lib. . p. . and he wrote also about the . year of his reign from beyond the seas a long letter to all the bishops and nobility of england , conjuring them by the faith , that they ought both to himself , and to god , that they caused these lawes touching tithes and rights of the church to be duly executed , and the tithes to be paid as abovesaid . malmsb. p. . but king edward the confessor , about the year , made all certain ; namely , that tithe was due unto god , and should be paid , the tenth sheafe , the tenth foal , the tenth calf , the tenth cheese ; where cheese was made , or the tenth days milk , where there was no cheese made ; the tenth lamb , the tenth fleece , the tenth part of butter , the tenth pigge ; and that they that had but a calfe or two , should pay for every of them a penny . and to this price is the parson generally holden at this day , when ten of our pennies are scarcely worth one of that time . he also ordained , that tithe should be paid of bees , woods , meadows , waters , mils , parks , warrens , fishings , coppises , orchards and negotiations : and out of all things , saith the law , that the lord giveth , the tenth is to be rendred unto him that giveth the nine parts with the tenth : and bindeth the sheriffe , as well as the bishop , to see this executed . and all these were granted , saith the book , by the king , barons , and commonalty , as appeareth in those his laws , cap. . and hoveden annal. part . poster . pag. . long after the learned author had written this , he published the first tome of our english councels , wherein not onely these laws mentioned , are recited , but also many other laws and constitutions concerning tithes , by other kings and parliaments of that age . it would have been an easie matter to have inserted them at large here , being there set down in order of time successively ; but because i am unwilling to add any thing , or alter in the text of his discourse ; and that the tome of the councels is obvious to every mans perusall , i will onely adde some brief references to them , as also to m. selden , in the eight chap. of his history , who hath recited them all , and some more then are here mentioned . from both ( these learned lawyers ) the studious reader may be abundantly satisfied , especially when the second tome of the synods shall be extant , there will be full testimony of our own laws , to confirm this truth , for . years after the conquest , as these are for . years before it . when gregory the great sent augustine , ( about the year . chr. ) assisted with . preachers , to publish the gospel to our forefathers in england , it is testified by the laws of edward the confessor among other things , that he preached and commanded tithes to be paid . — haec beatus augustinus praedicavit & docuit , & haec concessa sunt à rege , baronibus , & populo , sed postea instinctu diaboli multi eam detinuerunt , &c. and all this was confirmed by the king , and his barons , and the people . tom. . concil . brit. pag. . § , . egbert archbishop of york , brother to eadbert king of northumberland , published canons about the yeare . ( which did binde all the northern parts , and scotland in those days ) wherein he directeth all ministers to instruct their people , when , and how to pay their tithes . tom. . con. pa. . can. , &c. about the year . in the time of offa , a great king of mercia , and helfwood , king of northumberland , and the two archbishops , there was a great councell held by two legates from hadrian the first , wherein tithes were established ; and it was likewise confirmed in the south part by the king of west-saxony . and as m. selden saith , it is a most observable law , being made with great solemnity of both powers of both states . history cap. . pag. . tom. . con. pag. . can. . in the year . king ethelwolph by the consent of all his baronage and bishops , granted the perpetuall right of tithes to the church , throughout his whole kingdome , and that free from all taxes and exactions used then in the state ; and this statute is very remarkable , and was confirmed by other kings , brorredus , and edmundus of east-angles . tom. . con. pag. . for the northern clergy , there was a law made to punish the non-payment of tithes . tom. . con. pag. . in a great parliament at earham , anno . by all the states assembled under king ethelred , tithes are commanded and confirmed . tom. . con. pag. , &c. maccabeus , an ancient king of scotland , confirmeth tithes in his laws . con. pag. . anno . in the canons of aelfric , tithes are confirmed , anno . con. pag. . these and many other constitutions and laws are particularly , and more fully recited in the first tome of our councels , and in mr seldens history , cap. . from whence the reader may please to take satisfaction , for the space of some . years before the conquest . william the conquerour in the fourth year of his reign , when he took a view of all the ancient laws of the land , he first confirmed the liberties of the church , because that by it ( saith hoveden ) the king and the kingdome have their solid foundation ( pag. . ) and herein amongst other laws of king edward , these particularly touching tithes ; which hen. . also did anno . as appeareth by mat. par. pa. . the like did also hen. . in the . year of his reign , as hoveden witnesseth , pa. . and for a perclose of all that went before , or should follow after , king hen. . in the ninth year of his reign , by that sacred charter made in the name of himself , and his heirs for ever , granted all this a new unto god. we have granted ( saith he ) unto god , and by this our present charter have confirmed for us , and for our heirs for evermore , that the church of england shall be free , and shall have all her holy rights inviolable . magna charta cap. . and that this charter might be immortall , and like the sanctified things of the temple , for ever inviolable , it was not onely fortified by the kings seal , ( the sacred anchor of the kingdome ) but by his solemn oath , and the oath of his sonne , and the nobility of the kingdome . yea , the whole kingdome yeelded themselves to stand accursed , if they should at any time after impeach this grant . and therefore in the ed. . a speciall statute was made for confirmation of this charter , wherein amongst other things it is ordained , that the bishops shall excommunicate the breakers thereof ; and the very form of the sentence is there prescribed , according to which upon the . maii , anno . ed. . . boniface the archbishop of canterbury , and five other bishops solemnly denounced this curse in westminster hall , the king himself with a great part of the nobility being present . first , against all them that should wittingly and maliciously deprive , or spoil churches of their rights . secondly , against those that by any art or devise infringed the liberties of the church or kingdome , granted by magna charta & de foresta . thirdly , against all those that should make new statutes against the articles of these charters , or should keep them being made , or bring in , or keep other customes ; and against the writers of those statutes , counsellors , and executioners thereof , that should presume to give judgement according to them . and lest this should seem a passion of some particular men for the present time , rather then a perpetuall resolution of the whole kingdome in the succeeding ages , the zeal and care thereof was continually propagated from posterity to posterity . so that in ed. . cap. . it was further enacted , that if any statute were made contrary to magna charta , it should be void . and . times is this charter confirmed by parliament in ed. . time ; eight times in rich. . reign ; and six times in hen. . yea , the frontispice of every parliament almost is a confirmation of the rights and priviledges of the church ; as having learned of the very heathen poet , who had it from the law of nature , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , we begin ever with god. neither was there any man found , that ever would , or durst ( with nero ) lay hands upon his mother the church ; for he that smiteth his father or mother , shall die the death , exod. . . heu tot sancitas per plurima secula leges hauserit una dies ! hora una ! et perfidus error ! my meaning is not to strain these laws to the maintenance of such superstitious gifts as were made to the church against the honour of god , but to those onely that were for maintenance of his word and ministery , which if they were lawfully conferred ( as no man i think doubteth but they were ) then let us consider how fearfull a thing it is to pull them from god , to rend them from the church , to violate the dedications of our fathers , the oaths of our ancestors , the decrees of so many parliaments ; and finally , to throw our selves into those horrible curses , that the whole body of the kingdome hath contracted with god ( as nehemiah and the jews did , nehem. . ) should fall upon them if they transgresse herein . for as levi paid tithes in the loins of abraham , heb. . so the lawfull vow of the fathers descendeth upon their children . and as the posterity of jona●ab the sonne of rechab were blessed in keeping it , ( jer. ▪ ) so doubtlesse have we just cause to fear the dint of this curse in breaking this vow . say then , that tithes were not originally due unto god , and that there belonged no portion of our lands unto his ministers , yet are we in the case of nehemiah and the jews , ( nehem. . . ) they made statutes by themselves to give every year the third part of a shekel for the service of the house of god. and our fathers made laws amongst themselves to give a portion of their land , and the tenth part of their substance , that is , these parsonages for the service of the house of god. if they were not due before , they are now due : for when thou vowest a vow unto the lord thy god , thou shalt not be slack to be pay it , for the lord thy god will surely require it of thee , and so it should be sin unto thee , deut. . . therefore s. peter reasoning the matter with ananias , telleth him , that whilest his land remained in his hands , it appertained unto him ; and when it was sold , the money was his own , act. . . he might have chosen whether he would give them god or not : but when his heart had vowed , his hands were tied to perform them ; he vowed all , and all was due : not by the levitical law , which now was ended , but by the morall law which lasteth for ever ; for job being an heathen man , and not a jew , saith also , thou shalt make thy prayer unto him , and he shall hear thee , and thou shalt render him thy vows , job . . if the king give a gift of his inheritance to his son , his son shall have it ; if he give it to his servant , his servant shall have it , ezek. . . if the king then give a gift to his father , ( that is , to god almighty ) shall not god have it ? or the servant to his master and maker , shall not he enjoy it ? who hath power to take that from god , which was given unto him according to his word ? can the bishops ? can the clergy give this away ? no , they are but vsufructuarii , they have but the use of it ; the thing it self is gods , for the words of the grant be , concedimus deo , we give it to god , not to the bishops . therefore when valentinian the emperor required the church of milan , of that noble bishop s. ambrose , o saith he , if any thing were required of me that were mine , as my land , my house , my gold , or my silver , whatsoever were mine , i would willingly offer it , but ( saith he ) i can take nothing from the church , nor deliver that to others , which i my self received but to keep ▪ and not to deliver . cap. xxviii . tithe is not meerly leviticall : how it is , and how not ; and wherein judiciall . tithe is not simply a leviticall duty , but respectively ; not the naturall childe of moses law , but the adoptive : consider first the action , and then the end ; the action , in payment of them ; the end , in the employment or disposing of them : the action of payment of them cannot be said to be properly leviticall for divers reasons . first , it is much more ancient then the leviticall law , as is already declared , and cannot therefore bee said to begin by it , or to be meerly leviticall . secondly , the manner of establishing of it in the leviticall law , seemeth rather to be an annexion of a thing formerly in use , then the creating or erecting of a new custome ; for in all the leviticall law , there is no originall commandement to pay tithe , but in the place where first it is mentioned , lev. . . it is positively declared to be the lords , without any commandement precedent to yeeld it to him . some happily will affirm the commandement in the . exod. that thou shalt not keep back thy tithe , doth belong to the leviticall law , though it were given before the levites were ascribed to the tabernacle . yet ( if it were so ) that is no fundamentall law whereupon to ground the first erection of paying tithe , but rather as a law of revive , and confirmation , as of a thing formerly in esse : for detaining and keeping back doe apparently imply a former right , and therefore tithe was still the lords , ex antiquiore jure , and not ex novitio praecepto , by a precedent right , and not by a new commandement . thirdly , it containeth no matter of ceremony ; for if it did , then must it be a type and figure of some future thing , and by the passion of our saviour christ bee converted from a carnall rite into some spirituall observation , ( for so saith jerome of the legall ceremonies ) but no such thing appeareth in it , and therefore it cannot be said to be a ceremony . the whole body of the fathers doe confirm this , who in all their works doe confidently affirm the doctrine that s. paul so much beateth upon , that all legall ceremonies be abolished ; and yet as many of them as speak of tithes , doe without all controversie both conclude and teach , that still they ought to be paid , and therefore plainly not to be a ceremony . fourthly , the tithing now used , is not after the manner of the leviticall law ; for by the leviticall law nothing was tithed , but such things as renued and encreased out of the profits of the earth ; but our manner of tiching is after that of abrahams , who gave tithe of all . and this is a thing well to be considered , for therein as abraham tithed to melchisedek not being of the tribe of levi : so our tithing is now to christ being of melchisedeks order , and not of the tribe of levi , but of that of juda , whereunto the tribe of levi is also to pay their tithe . fifthly and lastly , the end whereunto tithe was ordained is plainly morall , and that in three main points : piety , justice , and gratitude . . piety , as for the worship of god. . justice , as for the wages and remuneration of his ministers . . gratitude , as sacrificium laudis , an offering of thankfulnesse for his benefits received . all which were apparent in the use of tithes before they were assigned over to the levites , both in the examples of abraham and jacob , and by the practice of all nations . for god was to be worshipped before , in , and after the law , and though the law had never been given ; but his worship could not be without ministers , nor his ministers without maintenance ; and therefore the maintenance of his ministers was the maintenance of his worship ; and consequently the tithes applied to the one extended to both . god himself doth so expound it , mal. . ▪ where he tearmeth the not-payment of tithes to bee his spoil : and wherein his spoil , but in his worship ? and how in his worship , but by taking from him , the service of his ministers , the priests and levites , who being deprived thereof could neither perform his holy rites in matter of charge , nor give their attendance for want of maintenance ? so that herein the children of israel were not onely guilty of that great sinne committed against piety , in hindering the worship of god ; but of the crying fin also committed against equity , in withholding the wages of the labourer , ( his ministers ) and consequently of that monstrous and foul sin of ingratitude , which jacob in vowing of his tithes so carefully avoided . to come to the other point before spoken of , the disposing or employment of the tithes after they were paid , ( that is , when they were out of the power of them that paid them , and at the ordering of the levites that received them ) it cannot be denied ; but therein were many ceremonies , as namely , in the sanctifying of them , in the eating them in the tabernacle , the eating of them by the levites onely and their family ; and as they were otherwise applied to the ceremoniall habit of gods service for that time : but yet notwithstanding , even then they still served in the main point to the morall end of their originall institution ; that is , the worship of god in genere ; the maintenance of his ministers in genere ; and for a token of thankfulnesse in genere . against which the particular applying them to the particular form of worship , and ceremonies of the leviticall law , ( for that time abolished ) had no repugnancy . and therefore though that manner of disposing them were ceremoniall , and did vanish away with the ceremonies themselves : yet did it nothing diminish the morall use , and validity of the institution in genere ; which notwithstanding still remained to be accepted and imitated by all posterity ; and yet to be altered and changed accidentally in the particular ordering and disposing of them , as the present estate of gods worship , and the necessity of the time should require , viz. before the law , at the pleasure of them before the law : under the law , by the rules of the law : and now in the time of the gospel , as the church of god either hath , or shall appoint them : keeping always ( as i say ) the morall considerations of their institution , for they may not be diverted from the minister , though the course of gods service be altered from that of the levites , but both they and the levites are labourers in the lords vineyard ; and therefore what kind of work soever , either the one , or the other , be for the time there employed upon , the wages appointed ( denarius in diem , mat. . . ) is due unto each of them . therefore to take away the antithesis , or opposition that some make between the ministers of the gospel , and the levites and priests of the law ; god himself in the last of esay , v. . calleth the ministers of the gospel priests and levites , as though he had onely changed the course of their service , and not the main , or end of their institution . i will take of them ( viz. of the gentiles ) for priests and levites , that is , the generation of levi shall no longer be appropriate to my service , but i will communicate their function to the gentiles , and out of them will i take priests and levites to perform the service of my charge . god therefore brought no new thing into the leviticall law , neither changed he the nature of the former institution thereof , nor the course of the payment , nor the quantity of the portion assigned , nor the end whereto it was ; but looking generally into the equity of them all , and approving them all in the generall , ( yea , though they were used by the heathen ) he descended into further particularities for order and government , whereof he prescribed divers rules , and observances , some morall , some judiciall , and some ceremoniall , according to the fashion of his church at that time ; which like old garments being wholly worn out with the old law , the body whereupon they were put , remaineth still in the first shape and vigour . and whereas before the law it seemeth to be somewhat at randome and uncertain , god by his owne mouth in the books of moses , hath established , and confirmed . so that these things considered , it cannot be said to be leviticall in substance , but respectively onely , and by way of accident . § . an objection touching sacrifice , and first-fruits , and circumcision . it may be objected , that sacrifice and first-fruits were also in use under the law of nature , and from thence , ( as tithe was ) translated into the leviticall law : yet they ceased with the leviticall law , and why should not tithe cease likewise ? though sacrifice and first-fruits were in use under the law of nature , and from thence ( as tithe was ) translated unto the leviticall law , yet the mark they shot at , and the end whereto they were employed , being once accomplished , there was in reason no further use of them ; for they were like the cloudy and fiery pillars , that directed the children of israel to the land of promise , who being arrived there , needed those helps no longer , and so they vanished away , as then not necessary . but tithe in it self and before the institution of the leviticall law , was onely an act of justice and piety ; and therefore though the leviticall law , employed it partly unto ceremonies yet the nature thereof was not thereby changed , and therefore it still lived , when the leviticall law died . touching the whole frame of leviticall ceremonies , it is like that of daniels image : the body is decayed and gone , but the legs being partly iron , as well as clay , by which it was supported ; though the clay , that is , the ceremony be abolished , yet the iron , that is , the morall institution thereof , endureth for ever . the rites of the leviticall law were of two sorts ; some the naturall children thereof , others the adoptive . i call them naturall , that sprang out of the bowels of it , as those touching the ark , and institution of the levites . adoptive , those that being in use before were afterward annexed to it : and of these i observe two sorts , one arising from some positive constitutions , as that of circumcision ; ( whereof i will speak anon ) and the other deduced from the law of nature , as those concerning the worship of god : whereof some were generall and necessarily incident to every form of his worship in all ages ; as ministers to perform his service , which they called priests , and means to maintain it , which they ordained to be by tithes . the other appropriate to the naturall condition of those times ; as sacrifice , and first-fruits , which though they rose out of the law of nature , as touching the common end of being offered by way of thanksgiving unto god ; yet in that they were also types and figures , full of ceremony , they became temporall , and thereby transitory . for the children of adam finding themselves in the wrath of god , and their flesh , bloud , body , and life , to be altogether corrupted and accursed by the transgression of their father ; they sought by all invention possible to help it as far as nature could ; and therefore both to expresse the present estate of their miserable condition ▪ and the mark also they aimed at for redemption in time to come , they held it as a necessary correspondency , that flesh should be redeemed with flesh , bloud with bloud , life with life , the guilty body with a guiltlesse body , and to be short , the trespasse and corruption of man , by the innocency of some sanctified creature offered unto god for remission of sin . and because nothing under the sun could be offered up , but it also was full of corruption , and that nothing could be acceptable unto god , that was impure , therefore though they chose the cleanest and perfectest beasts , and things for these offerings and sacrifices , and purged and sanctified them by all manner of means they could , yet they devised further to sever the purer and aeriall part thereof from the grosse and earthly ; consuming the one , that is to say , the flesh and the bones ( as the body of sin and corruption ) with the deserved torment of fire , and sending the other , that is , the fume and vapour , as the purer part to carry their prayers and invocations up into heaven , before the throne of god. first , how corruptible they were , that is , even like the great body of a bullock suddainly consumed . secondly , the punishment in justice due unto them , even the torment of fire . thirdly , the place and person from whence they hoped for redemption : heaven and almighty god. and lastly , the means whereby they were to attain it , taken from two of the proprieties of fire , light and heat : that is , first , the light of faith , whereby they long foresaw the promised seed ; and secondly , the heat of zeal and hearty prayer , breathed and sent forth from the altar of a fervent heart , whereby they hoped to obtain remission of their sins . after all this they yet considering further , that the corruption and wrath fallen upon them was perpetuall , and that these oblations and sacrifices were but temporall and momentary , they thought in reason ( being onely under the law of reason ) that the one could not countervail the other , and that therefore it was necessary by continuall reiteration and multiplying of sacrifices to sollicite and importune god from day to day untill the time came , that a perpetuall sacrifice might be offered up to make finalem concordiam , in the high court of heaven , a full atonement betweene god and man : which being once accomplished by our saviour christ , both the institution and the end of sacrificing were wholly accomplished , and so no cause for ever after to use that ceremony any more . for with one offering , saith the apostle to the hebrews , hath he consecrated for ever them that are sanctified , heb. . . touching circumcision , though it were before the leviticall law , yet it rise not out of the law of nature , or morall law , but was instituted by a positive constitution , made by god himself , and not as a part of his worship , but as a seal of his covenant with abraham , which by this ceremony ▪ of cutting away the impurer part of the flesh , did put the children of israel ever in mind to cast away carnall affections , and to hope for the promised messias , that should cleanse them from the impurity of sin , and restore them again to the favour of god : which being performed by our saviour , the covenant was fulfilled , and the seal of circumcision presently thereby defaced . § . of the sabbath day : easter and pentecost . the institution of the sabbath day had in it much more levitical ceremony , then the matter of tithing ; for no man ought to kindle a fire on that day , nor dresse the meat he should eat , nor carry any burden , take a journey , or stir out of the place he was in . tarry every man in his place , let no man goe out of his place the seventh day , exod. . . it was besides a day appointed for divers particular ceremonies , sacrifices , and offerings , as yee may read , num. . , . and amongst other significations , to be a memoriall of the great deliverance out of aegypt , ( a thing peculiar to the jews . ) neither have we any commandement , but only a precedent for the keeping of it , from the apostles , acts . . cor. . . rev. . . yet durst never any man say , that the sabbath was therefore to be abolished , but the temporall and ceremoniall parts thereof being taken away , the morall use of the commandement , which is , that the seventh part of our time must be dedicate to the generall service of god , remaineth for ever to the worlds end ; for otherwise our sabbath is so remote from the sabbath commanded in the decalogue , that the one holdeth almost no affinity with the other , as appeareth in the points aforesaid ; and for that their sabbath was the last day of the week , ours is the first : their 's was in celebration of the end of his workes ; ours in celebration of the beginning thereof ; for in the first day were the elements , the angels , &c. made . august . tom. . fol. . theirs in memory of the creation of the world , ours of the redemption , that christ rise from the dead the first day of the week . and though the apostles taught us by example to exchange the jewish sabbath for this of ours , as touching the publique meeting on the first day of the week , for setting forth the glory of god , yet they gave us no commandement to abstain from work on that day ; but the church decreed , saith s. augustine , that all the honour of the jewish sabbath should be transferred to the christian ; ( loco dicto ) and is done upon the morall reason of the commandement , not the leviticall . so likewise in tithing , cut off those parts that were temporall , and ceremoniall , which as i have shewed were neither in the payment , nor in the receiving of them , but in the manner of sanctifying and employment of part of them , after the levites were possessed of them : and then that which remaineth , namely , the payment and receiving of them for maintenance of the service of god remaineth for ever , as a part of the morall law , and common equity . so touching easter , christ our passeover was sacrificed for us , cor. . . and thereby the end of institution accomplished : how come we then to continue it , especially , having neither commandement , nor precedent thereof from the apostles ? the ceremoniall part of the paschall feast , viz. the leviticall lamb , the purification precedent , &c. are abolished with the law , yet in that christ came in the room of that leviticall lamb , and was sacrificed at the same time , and gave his body to be broken and eaten by all , as the paschall lamb was for a satisfaction for our sins , as s. john baptist saith , ecce agnus dei — therefore is that feast continued , as it was formerly used , without changing either the number of the days , or season of the year , or the solemn estimation that was anciently had thereof : yet note that easter is kept according to the leviticall manner for the time , after the full moon , and is therefore moveable ; whereas the day that christ suffered is otherwise fixed , as that of the nativity . so likewise pentecost , being the . day from the first passeover , eaten by the children of israel , and the day also whereon the law was given in mount sinai , and therefore hallowed as one of the three greatest feasts ; the law then being ended , the celebration of the birth-day thereof , must in all reason also be ended ; yet because the fulnesse of grace , ( that holdeth always an antithesis with the law ) that is , the holy ghost in shape of cloven tongues was at the end of . days after christs first passeover sent down upon the apostles ; therefore is that feast also continued , at the same time and number of days , that the jews used it : although in all the new testament we have neither commandement , nor example for keeping either of these feasts ; for though it be said , acts . . that when pentecost was come , the apostles were all together in one place , yet was not that their meeting to celebrate the judaical feast : but because the people from all parts then flocked to jerusalem , the apostles were there also , for the better publishing of the gospel , and for the same reason was the holy ghost also in this miraculous manner sent at this time , that by this means the fame thereof might be carried throughout all the world . for it cannot be intended , that the apostles met to celebrate the christians feast , insomuch as at the beginning of this their meeting the holy ghost was not sent upon them . yet all this while , nor in the apostles time , as far as the new testament discovereth , was easter used , nor the feast of pentecost ; for though it be said , that when the feast of pentecost was come , they were all with one accord in one place , act. . . that is , at the time when the cloven tongues fell upon them , this like the sabbath was the jews pentecost , not the christians ; for it answered to the easter that the jews had then last holden , not to that our saviour kept , being the day before the jews . so that neither of these feasts seem to be begun in the apostles time , but rather by their next successors ; yet saint paul , cor. . . saith , i will tarry at ephesus till pentecost , for a great door and effectuall is opened unto me , and there are many adversaries : as though he desired at that great feast , to take the opportunity to publish the gospel , and confute his adversaries . cap. xxix . how appropriations began . many things are notoriously wicked in conclusion , whose beginnings are not suspected : so hath it hapned in appropriations . the livings that belong to them , were first given for the maintenance of the church & her family , that is , ministers and poor people . in the primitive church the bishops disposed them accordingly , but the burden growing in time too great for them , the parsons were themselves trusted to doe it every one in his own parish . then divers religious men , as abbots , priors , single deans and prebends , that had advowsons to them and their successors , perceiving this , began first to collate themselves to those churches , and for lucres sake were contented in their own persons to doe the divine service thereof ; and finding sweetnesse in it , as enjoying thereby the whole fruits of the benefice . every successor did the like , and by that means kept the living perpetually in their owne hands , without any favour , or thanks of , or to the ordinary ; at length to avoid the multiplicity of institutions and inductions , they easily obtained licence of the king and ordinary ( sometimes of the pope himself ) that without these usuall ceremonies , they and their successors might be perpetuall incumbents , and take the profits of those their benefices . in old time whilest these churches were in the clergy-hand , they were called appropriations , because they were appropriate to a particular succession of church-men ; now they are called impropriations , for they are improperly in the hands of lay-men . but thus churches became first appropriate , yet onely unto such as were meerly spirituall , and might in their own person minister the sacraments and divine service . but shortly after deans and chapters obtained like licenses to them and their successors , who being a body corporate , consisting of a multitude , could not jointly perform this function , and in particular none of them was tied unto it . then was it devised , that by their common seal ( which is the tongue of their corporation ) they might appoint a deputy or vicar to doe it for them ; which invention gave the wound unto the church , whereof she bleedeth at this day . by these examples , abbots , priors , single deans and prebends , that before served god in their own persons , learned also to doe it now by vicars and substitutes , and so like faithlesse shepheards left their flocks to carelesse pages , themselves minding nothing but the benefit of the livings . and this device being once a foot , the very nuns and prioresses ( that could by no means administer these holy rites ) laid hold thereof , and being religious persons obtained also the same licences : all of them pretending that with great fidelity they would see that performed effectually to the church and poor , that those livings were at first ordained unto , divine service , and hospitality . by this window crept the vicars into churches , who for the most part were some of the monastery , whereunto the appropriation belonged ; till the statute of h. . cap. . provided , that in every church so appropriate , a secular person be ordained vicar perpetuall , canonically institute and induct in the same , and convenably indowed by the discretion of the ordinary , ( ) to doe divine service , ( ) and to inform the people , ( ) and to keep hospitality there — and that no religious be in any wise made vicars , in any church so appropriate , &c. thus came vicars to get a lock out of the parsons fleece , which though it were a very poor one , yet was it in some sort proportionable to the deserts and quality of such heardmen , insomuch as then they were single men , as well as simple clerks ; but yet notwithstanding they were thus indued before this statute , for in the synod holden at 〈…〉 for the province of canterbury , anno . ca. . it was ordained , that lesse should not be assigned to a perpetuall vicar then five marks a year in rent , which in the proportion that the rents of that time hold to this , cannot be lesse then or a year . so that the appropriation of a parsonage was no more at the first , but a grant made by the pope , &c. to an abbot , prior , prebend , or some other spirituall person , being a body politique and successive , that he and his successors might for ever be parsons of that church , that is , that as one of them died , his successors might enter into the rectory , and take the fruits and profits thereof , without further trouble of admission , institution , or induction ; which upon the matter , was no more but to doe that briefly at one cut , that otherwise might and would in length of time be done at severall times , as to admit , institute , and induct the whole succession of a religious body politique at once , whereas otherwise every successour must have had a particular institution and induction ; and therefore every such successour during his time , was as perfect an incumbent , as if he had been particularly instituted and inducted : but when the succession failed , then it was again presentative as upon the death of an ordinary incumbent : and by extinction of the house , dissolution , cession , or surrender of the house and order , the appropriation is determined , and they are now again presentative : for the appropriation is but as a stop in a run , which being taken away , the former right renueth . what alteration then did the statute make of them ? did it make them lay , or temporall livings ? no , the words of the statute are , that the king shall have them in as large and ample manner , as the governors of those houses had them , &c. so that though the statute changed the owner of the thing , yet it changed not the nature of the thing . the monasticall persons had them before as spirituall livings , and now the king must have them in as large manner , but still as spirituall livings : and with much more reason might the king so have them , then any other temporall men ; for as the kingdome and priesthood were united in the person of our saviour christ , so the person of a king is not excluded from the function of a priest , though as christ being a priest , medled not with the kingdome , so they as kings , medle not with the priesthood . yet by the laws of the land the king is composed as well of a spirituall body politique as of a temporall , and by this his spirituall body he is said to be supream ordinary , that is , chief bishop over all the bishops in england , and in that his ecclesiasticall or spirituall authority , doth many things , which otherwise in his temporall he could not doe ; and therefore the statute of h. . cap. doth agnise the words , authoritate nostra regia suprema & ecclesiastica qua fungimur , which the king useth in divers charters touching spirituall causes , doe testifie , that he taketh upon him the execution thereof : and therefore in this respect he may much better hold them then his lay subjects . neither is this authority of the king founded upon the statute of h. . or any other puisne institution , but deduced anciently from the very saxon kings , as appeareth by many of their laws , and charters , wherein as supream ordinary they dispose of the rights , and jurisdiction of the church , delivering unto religious persons , greater or lesser portion thereof , according to their own pleasure , and abridging and exempting other from the authority of the bishops , and archbishops , or any other ecclesiasticall prelate . and in this respect it seemeth that the chappell of the kings house was in ancient time under no other ordinary , then the king himself ; for william the conquerour granting all exemption to battail abbey , granteth that it shall be as free from the command of any bishops , as his own chappell . dominica capella , which as it thereby seemeth was under no other bishop then the king himself . but the bishops agreed to the granting away of these church livings . it is true , that the law accounteth the judgement of the major part , to be the judgement of all : but the bishops cannot be said to have agreed unto it , as being willing with it , but as concluded by legall necessity and inference . for though all the bishops said nay , yet the lay barons by reason of their number exceeding the bishops were not able to hinder it : and no man doubteth , that in publique suffrages , very many times , major pars vincit meliorem ; therefore i neither accuse , nor condemn the reverend bishops herein : for their voices , though they had given them every one against the bill , were not able to hinder it . neither doe i think but that they being men of another profession , unexercised in the elenchs of the law , were overtaken in the frame of words , and thereby passed that away in a cloud , which if they had perceived could never have been won from them with iron hooks . but in this matter , there being a question of religion ; whether tithes be due jure divino , or whether they could be separated from the church ; it was not properly a question decidable by the parliament , being composed wholly of lay persons , except some twenty bishops , but the question should first have been moved amongst the bishops by themselves , and the clergy in the convocation house , and then being there agreed of according to the word of god , brought into the parliament . for as the temporall lords exclude the bishops when it commeth to the decision of a matter of bloud , life and member : so by the like reason , the bishops ought to exclude the temporall lords , when it commeth to the decision of a question in theology ; for god hath committed the tabernacle to levi , as well as the kingdome to juda : and though juda have power over levi , as touching the outward government , even of the temple it self ; yet juda medled not with the oracle , & the holy ministery , but received the will of god from the mouth of the priest. therefore when valentinian the emperour required ambrose to come and dispute a point of arianisme at his court , he besought the emperour , that he might doe it in the consistory amongst the bishops , and that the emperour would bee pleased not to be present among them , lest his presence should captivate their judgements , or intangle their liberty . that after the appropriation , the parsonage still continueth spirituall . it appeareth by that which is afore shewed , and the circumstances thereof , that the appropriating of a parsonage , or the endowing of a vicarage out of it , doe not cut the parsonage from the church , or make it temporall , but leaveth it still spirituall , as well in the eye of the common law , as of the canon law ; for if it became temporall by the appropriation , then were it within the statute of mortmain , and forfaited by that very act. but it is agreed by the ed. . f. . and in plowd . com. fo . . that it is not mortmain , and therefore doth continue spirituall ; for which cause also the ordinary , and ecclesiasticall officers must have still the same authority over such appropriate churches , as they had before those churches were appropriate . therefore in the year . robert bishop of lincoln by commission from innocent . not onely enlarged the endowments that before were made , to divers vicarages , ( as he thought good ) but endowed others out of those appropriations that had no vicarages endowed to the great discontentment of all the approprietaries of that time , as appeareth by matth. paris . and therefore also the statute of r. . cap. . and that of h. . cap. . that ordained , that in licences of appropriation in the chancery it should be contained , that the bishop of the diocesse in every church so appropriated , should provide by his dissretion that the vicar were convenably endowed , divine service performed , and a convenient portion of the fruits thereof yearly distributed to the poor of the parish , did but agnise and affirm the spirituall end whereto these parsonages were appointed , and the authority the church had still over them , notwithstanding such appropriation , commanding the bishops to see it executed . neither doe i yet finde , where this power is taken from the bishops , for the statute that giveth these appropriate churches to the king , saith not , that the king shall have them as temporall lands , or discharged of the bishops jurisdiction , but that he shall have them as the religious persons had them , that is , as spirituall livings , and consequently subject to the jurisdiction of the bishops before had over them ; and then are they no otherwise in the hands of the laity ; for testimony whereof they also carry at this day the badges and livery of their lords and masters of the clergy ; for as joseph was taxed in his own city , so are they yet ranked amongst other spirituall livings , and as members of that body doe still pay their synodals and proxies to the bishops and archdeacons : and if tithes bee withholden from the approprietary , he still sueth for them ( as spirituall things ) in the spirituall court. all which are ( by gods providence ) left upon them as marks of the tribe they belong unto , that when the jubile commeth ( if ever it please god to send it ) they may thereby be distinguished , and brought back again to their own tribe . that no man properly is capable of an appropriation but spirituall men . spirituall things and spirituall men are correlatives , and cannot in reason be divorced : therefore was no man capable of appropriations but spirituall persons before the laws of dissolution , which first violated this holy marriage , and ( like abimelech , gen. . . ) took the wife from the husband , and made laymen which before were the children of the church now become spirituall fathers . the act of appropriation is nothing but to make a body corporate or politique spirituall , that hath succession , perpetuall incumbents in a rectory ; or no more , upon the matter , then to entail the incumbency to one certain succession of spirituall men . therefore as a patron ( saith my lord dyer , chief justice , and plowden . ) must present a spirituall person to a church , and not a temporall : so by the same reason , an appropriation must be made unto a spirituall person , and not temporall ; for saith he , the one hath cure of souls , as well as the other : and they differ in nothing but in this , the one is parson for his life , and the other and his successours , parsons shall be for ever : and for this in the beginning ( saith he ) were the appropriations made to abbots , priors , deans , prebends and such like , as might ( in their own person ) minister the sacraments , and sacramentals , and to none other . and for the same reason at the first it was holden , that they could not grant their estates to any other , no more then the incumbent of a parsonage presentative , who though he may lease his glebe , and tithes , yet can he not grant his incumbency to any other , but must resign it ; and then the patron and bishop must make the new incumbent . and so the incumbency which is a spirituall office cannot be granted , nor by the same reason could the perpetuall incumbent ( which is the approprietary ) at the first grant his estate which contained the incumbency , and the rectory , which is the revenue of the incumbent . therefore when the order of the templars ( to whom divers appropriate parsonages were belonging ) was dissolved , and their possessions granted to the prior of s. john of jerusalem in england , justice herle in ed. . said , that if the templars had granted their estate in the appropriations to the hospitalers , that is , to them of s. johns of jerusalem , the hospitalers should not have it ; for it was granted onely to the templars , and they could not make an appropriation thereof over unto others . therefore to make good the estate of the prior and hospitalers , it was shewed there that by the grant of the pope , king , and parliament , the prior had the estate of the templars : and so by herle , an appropriation cannot be transferred to another ; and with good reason , ( saith the book ) for it hath in it a perpetuall incumbency , which is a spirituall function appropriate to a certain person spirituall , and cannot be removed from them in whom it was first setled by any act of theirs . herle there also said that , that which was appropropriate unto the templars , was disappropriate by the dissolution of their order , fo . . b. so that as death is the dissolution of every ordinary incumbent , so the dissolution of a religious order , monastery , or corporation , is the death thereof , and by that death ( according to this opinion of justice herle ) the church appropriate that belonged thereunto is again become presentable as it was before the appropriation ; whereunto my lord dyer and manwood doe also agree ; and therefore by the dissolution of religious houses , all appropriations had been presentable like other churches , if the statute of dissolution had not given them to the king ; and by as good reason , might the same law-makers have given him the other also , for any thing that i perceive to the contrary . yet let us see in what manner they are given unto the king , for though i cannot examine the matter according unto the rules of law , being not so happy ( which i lament ) as to attain that profession ; yet under correction , i will be so bold as to offer some points thereof to further consideration ; as , first , what is granted to the king ; secondly , the manner how it is granted ; thirdly , the ends why : and herein i humbly beseech my masters of the law to censure me favourably : for i take it by protestation , that i doe it not as , asserendo docere , sed disserendo quaerere legitima illa vera , that littleton speaketh of . what was granted to the king. . the statute saith , that the king shall have all such monasteries , priories , and other such religious houses of monks , &c. as were not above a year . and the sites , and circuits thereof , and all manours , granges , meases , lands , &c. tithes , pensions , churches , chappels , advowsons , patronages , annuities , rights , conditions , and other hereditaments appertaining or belonging to every such monastery — . in as large and ample manner , as the governours of those , and such other religious houses have , or ought to have the same in the right of their houses . . to have and to hold , &c. to his majesty , his heirs , and assigns , to doe and use therewith , his and their own wils , to the pleasure of god , and to the honour and profit of this realm . the words have divers significations , and therefore make the sense the more obscure . monasteries , priories , and religious houses are , . sometimes taken personally , for the heads and members of the house , that is , for the men of the house , as church for the congregation , city for citizens . . sometime they are taken locally , for the soil of the house , and in this sense one while extensively , to all the territory thereof : another while restrictively , to the site and building onely . . they are taken civilly , or locally , for the whole rights of the house , the lands , the rents , the possessions , and inheritances whatsoever . in which of these senses the parliament hath given them to the king , and whether in all of them or not , it is not manifest ; but i conceive the words must be taken in the last sense , which as the more generall , includeth also the second ; and if the very carkasses of the monastery persons had been worth the having , might well enough have fetcht them in also . therefore though after these generall and spacious words , there followeth a grant of divers particular things , as sites , circuits , granges , meases , lands , tithes , &c. yet i take this to be but an enumeration of the things in specie , which before are granted in genere ; for if the generall words have not carried them , as the body carrieth the members , then it seemeth these particulars doe not carry them , for they are granted but as appurtenances to the said monasteries , and houses , for the words be , sites , circuits , lands , tithes , &c. appertaining or belonging to every such monastery ; words in my understanding onely of explanation and restraint , and not trenching to the enlargement of the grant . so that upon the matter the parliament hath granted tithes and appropriations to the king , if they belonged unto the monasteries , and not otherwise . let us therefore see whether they belong or not . whether tithes and appropriations belonged to the monasteries , or not ? abbots , priors , and such religious men had two sorts of tithes ; one incorporate to their houses , which i call monasticall tithes : the other depending upon their function , as they were parsons of any parish , which therefore i call parish tithes . . the first of these came unto them , as their very lands did , by plain point of charter ; for before the lugdune and lateran councels , every man might bestow his tithes upon what religious house person he listed : and then the founders and benefactors of religious houses did ordinarily grant all or some portion of their tithes to those houses , as by a multitude of precedents thereof appeareth . from hence it rise that the monasteries had so many portions of tithes , or rents for them ( which we call pensions ) out of so many severall and remote places of the kingdome ; and therefore all these tithes ( how unjustly soever they were conferred upon them ) were de corpore monasterii , and passed undoubtedly to the king. . but the other sort , that is , parish tithes , belonged onely to the parson of the parish , by reason of his function , and incumbency ; which function , though by act of appropriation , it were collated upon these religious men , yet did it not invest the property of those tithes in their monasteries , but made their persons capable of them by reason of that their function ; for without their function of being ecclesiasticall persons , they could not have them , being forain unto them , as i may tearm it , and not domesticall , as belonging to their house , or monasticall , as belonging to their conventuall body . in what sort they were granted to the king. though the parliament hath power to dispose temporall inheritance , and to make lawes to binde the rights of subjects , yet it is confessed by the books of the law themselves , that it can establish nothing against the law of god ; and therefore if tithes be in the clergy by the law of god , as before we have shewed , then can they not be pulled from him by any law of man. neither hath the parliament as it seemeth attempted to doe it , but insomuch as they were misemployed by the clergy of that time , therefore the parliament took them from them , and gave them to the king , not in any new course of property , or to be enjoyed by him as his temporall inheritance : but to be his in as large and ample manner ( saith the statute ) as the governours of those religious houses — had or ought to have the same . now it is apparent , that the governours of religious houses , neither had them , nor ought to have them , otherwise then to the service of god , and benefit of the church . to what end they were granted to the king. this point dependeth upon the precedent , for the end why they were given unto the king , is declared by the manner of giving them unto him . therefore though the statute saith , to have and to hold — to his majesty , his heirs , and their own wils , to doe and use therewith , his and their own wils ; yet lest their wils should decline from the due employment of them ( as the religious persons did ) therefore the statute addeth these words , to the pleasure of god , and to the honour and profit of this realm . so that the king had not the things themselves simply , but in such manner onely as the religious persons had them , and that being but to the service of god , and benefit of the church , the king could have them in no other manner then for the service of god , and benefit of the church ; and then to the words subsequent in the habendum , viz. to doe and use therewith their wils , is no more , then if we should say , that the king , &c. should have them to dispose of in the service of god and of his church , according to his own will and wisdome ; which the words annexed plainly intimate , appointing unto the king by what bounds and marks hee must walk in disposing of them , namely so , as may be to the pleasure of god , and the honour and profit of the realm . but it cannot be to the pleasure of god , that his ministers should be defrauded ; nor to the honour and profit of the realm , that the service of god should be hindered , or neglected , and therefore the king must have and hold them to those purposes , and to none other . and that the king was not deceived in this kinde of construction of the act of parliament , it appeareth by a declaration made by himself freely in an oration of his unto the parliament , anno . of his reign , where he saith , — i cannot a little rejoyce , when i consider the perfect trust and confidence , which you have put in me , as men having undoubted hope , and unfeigned beleef , in my good doings and just proceedings ; for you without my desire or request , have committed to my order and disposition all chauntries , colledges , hospitals , and other places specified in a certain act , firmly trusting , that i will order them to the glory of god , and the profit of the common-wealth . surely , if i contrary to your expectation should suffer the ministers of the church to decay , or learning ( which is so great a jewell ) to bee minished , or poor and miserable to be unrelieved , you might well say , that i being put in so speciall a trust , as i am in this case , were no trusty friend to you , nor charitable to my even christian , neither a lover of the publique wealth , nor yet one that feared god , to whom account must bee rendred of all our doings . doubt not i pray you , but your expectation shall bee served more godly and goodly , then you will wish or desire , as hereafter you shall plainly perceive , &c. so that the king hereby doth not onely ingenuously confesse the trust committed to him by the parliament , in the same manner that the act assigneth it , viz. to be for the glory of god , and the profit of the common-wealth : but he descendeth also into the particularities of that trust , as namely ; for the maintenance of the ministers , the advancement of learning , and provision for the poor . that the king might not take them . in the . chap. of ezekiel , god commandeth the prophet to divide the land into three parts , one for god himself , and his servants the priests , the other for the king , and the third for the people . and then he saith , let this suffice , o yee princes of israel , v. . leave off cruelty and oppression , and execute judgement and justice , take away your exactions from my people . and again , chap. . . the prince shall not take of the peoples inheritance , nor thrust them out of their possessions , but he shall cause his sonnes to inherit his owne possession , that my people be not scattered every man from his own possession . though the said texts savour something of the leviticall law , as to preserve the tribes from confusion , yet they present also unto us rules of morall justice . first , that in the division of the kingdome , wee must remember to give him a part for his honour , that giveth us all for our necessities ; therefore he saith in another place , ( . . ) when yee shall divide the land for inheritance , yee shall offer an oblation unto the lord , an holy portion of the land. secondly , that the prince must be contented with the portion assigned him , and not to disturbe the people in their possession , but not god especially in his , for that is priviledged further and defended with another iron barre , it is an oblation , saith the text , unto the lord , yea , it is an holy portion of the land . holy , because it is offered unto god , and holy again , for that being offered unto the lord it is severed from the injury of man , it must not be violated , nor plucked back , it must not be sold , nor redeemed , it is an inheritance separate from the common use , it is most holy unto the lord , lev. . . it being thus manifested , what are the chief ends and uses of parsonages , it appears how unjust it is to tolerate appropriations , and how miserable their condition is who hold them : oh how lamentable is the case of a poor approprietary , that dying , thinketh of no other account , but of that touching his lay vocation , and then comming before the judgement seat of almighty god , must answer also for this spirituall function ; first , why he medled with it , not being called unto it ; then why ( medling with it ) he did not the duty that belongeth unto it , in seeing the church carefully served , the minister thereof sufficiently maintained , and the poor of the parish faithfully relieved . this , i say , is the use whereto parsonages were given , and of this use we had notice before we purchased them ; and therefore not onely by the laws of god , and the church , but by the law of the land , and the rules of the chancery , at this day observed , we ought onely to hold them to this use , and no other . look how many of the parishioners are cast away for want of teaching , he is guilty of their bloud ; at his hand it shall be required , because he hath taken upon him the charge . he saith , he is parson of that place , and of his own mouth will god judge him , for idle parsons are guilty of the bloud of the parishioners ; and this s. paul sheweth , when he saith , i thank god i am pure from the bloud of all men , act. . . meaning he taught the counsell of god so faithfully , as if any be not saved thereby , their bloud is upon their own heads , for he on his own part addeth , that hee hath kept nothing back , but shewed them all the counsell of god , v. . it is not therefore a work of bounty and benevolence to restore these appropriations to the churches , but of duty and necessity so to doe . it is a work of duty to give that unto god that is gods , mat. . . and a work of necessity towards the obtaining remission of these sins ; for , as s. augustine saith , non remittitur peccatum , nisi restituatur ablatum , cum restitui potest . augustin . macedon . ep. . the sin shall not be forgiven without restoring of that which is taken away , if it may be restored . of the statute of dissolution , that took away impropriations from the church . we must note touching that first statute , the time wherein it was made , the persons by whom , the circumstances in the carriage and effecting of it , and the end why . the time , while it was yet but dawning of the day , or twilight of both religions . the persons , then members of the parliament , half of them i fear , if not the greater half , either absolute papists , or infected with romish religion ; the other half yet in effect but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and candidati restitutae religionis , and so could not by and by conceive all dependencies in so great a work , and what was fit in every respect , to be provided for . the circumstances , incident to the businesse , as the great and strong opposition of the adverse party ; which happily was so potent in parliament , as if opportunity had not been taken at some advantage for passing of the bill , whilest many of them were absent , it had not passed so soon : and this might well cause haste in the carriage of it , and haste imperfection . how it fell out in that point i doe not know , but i have heard that anno . mariae , when the laws of h. . touching the premunire , and of ed. . touching religion were repealed , the matter was so handled as there were but . persons in the parliament house to give their voice with the bill , and yet carried it ; so in this businesse the great haste and desire to effect it , and the great matters aimed at , as the transferring of all monasteries livings unto the king , made somethings in the act to passe unconsidered , and no doubt amongst other these appropriate parsonages ; which in truth are not named in that act , but carried away in the fluent of generall words , wherein though tithes be inserted , yet the word may seeme onely to intend such portions of tithes as belonged to the monastery it self , as many did , and not those belonging unto appropriations , since the appropriations themselves are not there named . but i will excuse the matter no farther then equity ; for after religion had gotten some strength , the following act of h. . c. . gives them expresly to the king by the words , parsonages appropried , vicarages , churches , &c. yet was all this done in the heat and agony of zeal then privily enflamed on all parts against the romish religion , insomuch as other inconveniences and enormities likewise followed thereon , as in ed. . the burning of many notable manuscript bookes , the spoiling and defacing of many goodly tombes and monuments in all parts of the kingdome , pulling down of bels , chancels , and in many places of the very churches themselves . moses for haste broke the tables of the law ; and these inconveniences in such notable transmutations cannot be avoided , some corn will goe away with the chaffe , and some chaffe will remain in the corn ; mans wit cannot suddainly , or easily sever them . therefore our saviour christ fore seeing this consequence delayed the weeding out of the tares from the wheat , till the harvest was come , that is , the full time of ripenesse and opportunity to doe it . besides , light and darknesse cannot be severed in puncto , the day will have somewhat of the night , and the night somewhat of the day : the religion professed , brought something with it of the religion abolished , and the religion abolished hath somewhat still that is wanting in ours ; and neither will ever be so severed , but each will hold somewhat of the other : no rent can divide them by a line . when the children of israel came out of aegypt , they brought much of the aegyptian infection with them , as appeareth in the scripture , and they left of their rites and ceremonies among the aegyptians , as appeareth in herodotus . therefore as moses renued the tables that were broken through haste , and time reformed the errors of religiō amongst the israelites : so we doubt not but his mty , our moses , wil still proceed in repairing these breaches of the church , and that time by gods blessing wil mend these evils of ours . i will not take upon me like zedechias to foretell , having not the spirit of prophecy , but i am verily perswaded , that some are already borne that shall see these appropriate parsonages restored to the church : let not any man think they are his , because law hath given them him , for tully himself the greatest lawyer of his time , confesseth , that , stultissimum est existimare omnia justa esse quae sita sint in populorum institutis aut legibus , nothing to be more foolish then to think all is just that is contained in the laws or statutes of any nation . experience teacheth us , that our own laws are daily accused of imperfection , often amended , expounded , and repealed . look back into times past , and we shall find that many of them have been unprofitable for the common-wealth , many dishonourable to the kingdome , some contrary to the word of god , and some very impious and intolerable , yet all propounded , debated , and concluded by parliament . neither is this evill peculiar to our country ; where hath it not reigned ? esay found it in his time , and proclaimeth against it , wo be unto you , that make wicked statutes , and write grievous things . so tully and the roman historians cry out , that their laws were often , per vim , & contra auspicia impositae reipublicae , by force and against all religion imposed upon the common-wealth . god be thanked we live not in those times , yet doe our laws and all laws still , and will ever in one part or other taste of the cask , i mean of the frailty of the makers . it is not therefore amisse ( though happily for me ) to examine them in this point , if the● be contrary to the word of god , for i think no man will defend them , they leave them to be a law. god cannot be confined , restrained , or concluded by any parliament , let no man therefore ( as i say ) think that he hath right to these parsonages , because the law hath given them him ; the law of man can give him no more then the law of nature , and god will permit . the law hath given him jus ad rem , as to demand it , or defend it , in action against another man , it cannot give him jus in re , as to claim it in right against god. canonists , civilians , and common lawyers , doe all admit this distinction , and agree , that jus ad rem est jus imperfectum , right to the thing is a lame title , they must have right in it , that will have perfect title . the law doth as much as it can , it hath made him rei usufructuarium , but it cannot make him rei dominum , the very owner of the thing . the books of the law themselves confesse , that all prescriptions , statutes , and customes against the law of nature ( or of god ) be void and against justice . that the king may better hold impropriations , then his lay subjects . no man by the common law of the land can have inheritance of tithes , unlesse he be ecclesiasticall , or have ecclesiasticall jurisdiction . lord coke part . rep. fol. . and plowd . fol. so that he which hath ecclesiasticall jurisdiction , though he be no ecclesiasticall person , yet by the ancient law of the land , he may enjoy tithes : and this concurreth not onely with the canon law , but seemeth also to be warranted by the example of the provinciall levites , who medled not with the temple , and yet received their portion of tithes , and other oblations , as well as those that ministred in the temple . but it plainly excludeth all such as be meerly lay from being capable of them ; let us then see by what better title the king may hold them . as the head cannot give life and motion to the divers members of the body , unlesse it hold a correspondency with them in their divers natures , and compositions : so the king , the head of the politique body , cannot govern the divers members thereof in their severall constitutions , unlesse he participate with them in their severall natures ; which because they are part lay , and part ecclesiasticall , the jurisdiction therefore whereby he governeth them , must of necessity have a correspondent mixture , and be also partly lay , and partly ecclesiasticall ; to the end that from these divers fountains in the person of his majesty , those divers members in the body of the kingdome may according to their peculiar faculties receive their just and competent government . my meaning is not , that a prince cannot in morall matters govern his subjects professed in religion , unlesse himself doe participate with them in some portion of their spirituall vocation : for i see that the apostles themselves were therein subject to the heathen princes , and gave commandement to all christians in generall , that they likewise should doe the same ; and thereupon s. austin saith , that in those things that concern this life , wee must be subject to them that govern humane things . but my meaning is , that a temporall prince cannot properly dispose the matters of the church , if he have not ecclesiasticall function , and ability , as well as temporall ; for i doubt not but that the government of the church , and of the common-wealth , are not only distinct members in this his majesties kingdome , but distinct bodies also under their peculiar heads , united in the person of his majesty , yet without confusion of their faculties , or without being subject the one to the other . for the king , as meerly a temporall magistrate , commandeth nothing in ecclesiasticall causes , neither as the supream officer of the church doth he interpose in the temporall government : but like the common arch arising from both these pillars he protecteth and combineth them in perpetuall stability , governing that of the church by his ecclesiasticall jurisdiction , and that of the common-wealth by his temporall . for this cause , as moses was counted in sacerdotibus , psal. . . though he were the temporall governour of the people of israel , so the laws of the land have of old armed the king , persona mixta , medium , or rather commune quiddam inter laicos & sacerdotes : and have thereupon justly assigned to him a politique body , composed as well of ecclesiasticall jurisdiction , as temporall , like to that of david , jehosaphat , hezekias , and other kings of juda , who not onely in respect of their crown , led the armies of the people against their enemies : but as anointed with the holy oyle , ordered and disposed the very function of the levites , of the priests , and of the temple , as you may read in their severall lives in the books of the kings and chronicles . but the kings of england have proceeded yet further in the gradations of ecclesiasticall profession , as thinking it with david , more honourable , to be a door-keeper in the house of god , then to dwell in the tents of the ungodly , that is , to execute the meanest office in the service of god , then those of greatest renowne among the heathen and infidels . therefore they have by ancient custome even before the conquest , amongst other the solemnities of their coronation , not only been girt with the regall sword of justice by the lay peers of the land , as the embleme of their temporall authority , but anointed also by the bishops with the oyle of priesthood , as a mark unto us of their ecclesiasticall profession and jurisdiction . and as they have habenam regni , put upon them , to expresse the one , so also have they stolam sacerdotii , commonly called vestem dalmaticam , as a leviticall ephod , to expresse the other . the reasons of which , if we shall seek from the ancient institutions of the church , it is apparent by the epistle of gregory the great , unto aregius bishop of france , that this vestis dalmatica , was of that reverence amongst the clergy of that time , that the principall church-men , no not the bishops themselves , might wear it without licence of the pope . and when this aregius , a bishop of france , requested that he and his archdeacon might use it , gregory took a long advisement upon the matter , as a thing of weight and novelty , before he granted it unto them . but . years before the time of edward the confessor , ( unto whom those hallowed vestures happily did belong , with which his majesty was at this day consecrated ) these dalmaticae , otherwise called albae & stolae , were by the councell salegunstadiens . cap. . made common to all deacons , and permitted to them to be worn in great solemnities , which the kings of england also ever since edward the confessors time , if not before , have always been attired with in their coronations . and touching their unction , the very books of the law doe testifie to be done , to the end , to make them capable of spirituall jurisdiction , for it is there said , that reges sacro oleo uncti sunt spiritualis jurisdictionis capaces ; the kings being anointed with the holy oyle are now made capable of spirituall jurisdiction . this ceremony of unction , was not common to all christian kings , for they being about hen. . time , . in number , onely four of them besides the emperor were thus anointed , namely , the kings of england , france , jerusalem , and sicil. the first english king as far as i can find , that received this priviledge was elfred or alured , the glorious son of noble and devout ethelwolphus king of west-saxony , who about the year of our lord . being sent to rome , was there by leo . anointed and crowned king , in the life of his father , and happily was the first king of this land that ever wore a crown , whatsoever our chroniclers report ( for of the . kings i speak of , it is affirmed in ancient books , that only four of them were in those days crowned . ) but after this anointing , alured ( as if the spirit of god had therewith come upon him , as it did upon david being anointed by samuel , ) grew so potent and illustrious in all kindes of vertues , as well divine as morall , that in many ages the world afforded him no equall : zealous towards god , and his church , devout in prayer , profuse in alms , always in honourable action , prudent in government , victorious in wars , glorious in peace , affecting justice above all things , and with a strong hand reducing his barbarous subjects to obedience of law , and to love equity ; the first learned king of our saxon nation , the first that planted literature amongst them ; for himself doth testifie in his preface to gregories pastorall , that there were very few on the south-side humber , but he knew not one on the south-side of the thames , that when he began to reign , understood the latine service , or could make an epistle out of latine into english , &c. he fetched learned men from beyond the seas , and compelled the nobles of his land to set their sons to school , and to apply themselves to learn the laws and customes of their country , admitting none to places of justice without some learning , nor sparing any that abused their places , for unto such himself looked diligently . he divided the kingdome into shires , hundreds , wapentakes , and them again into tithings and free bourghs , compelling every person in his kingdome to be so setled in some of those free bourghs , that if he any way trespassed , his fellows of that free bourgh answered for him . the memory of this admirable prince carrieth me from my purpose ; but to return to it , his successors have ever since been consecrated , and thereby made capable of spirituall jurisdiction , and have accordingly used the same in all ages , and thought by the pope to be so enabled unto it , that nicholas . doubted not to commit the government of all the churches of england unto edward the confessor , as by and by we shall more largely declare . and the kings of france being so likewise consecrated ever since the time of clodoveus , aliàs , ludovicus , whom saint remigius bishop of rheimes , both baptized and anointed about the year of our lord . have from time to time , in all ancient ages exercised the like ecclesiasticall jurisdiction : insomuch that clodoveus himself being but newly entred into i● , doubted not to appoint a councell at orleans , and to call thither the bishops and clergy of france , but out of the motion of priestly minde , ( to use the very words of the councell ) cōmanded the priests , ( meaning the bishops ) to assemble there for debating necessary matters , which in his own consideration he had advised upon , and delivered to them in heads and titles ; and they having answered thereunto , and framed the canons of that councell , accordingly did submit them to his judgement , and desiring if it approved them , himself for greater authority would confirm them . tom. . concil . pag. ▪ in rescripto synodi . the kings of jerusalem and sicil , were also anointed and endowed with ecclesiasticall authority , whereof we shall speak more anon : for the right of both these kingdomes resideth at this present upon the kings of spain , who till the same came unto them , were neither anointed , nor crowned ; and though since that time , they have been dignified with both these prerogatives , yet are they not so illustrious in them , as in the kings of england and france , for that these are ancient kingdomes , raised by their own power and prowesse , and those other of lesse continuance , erected by the pope , and not absolute , but feodaries of his sea. and touching that of france also , the meer right thereof reste●h upon his majesty of england , though de facto , another for the time possesseth it : so that in this point of unction , our soveraign the king of england is amongst the rest of the kings of christendome , at this day peerlesse and transcendent ; and well therefore might william rufus say , that himself had all the liberties in his kingdome which the emperour challenged in his empire . mat. paris . but i wonder , why the papists should so confidently deny the kings of england to be capable of spirituall jurisdiction , when pope nicholas . of whom wee spake before in an epistle to king edward the confessor , hath upon the matter agreed , that it may be so ; for amongst other priviledges that he there bestoweth upon the church of saint peter of westminster then newly founded by that vertuous king ; he granteth , and absolutely confirmeth , that it shall for ever be a place of regall constitution and consecration , — and a perpetuall habitation of monkes that shall be subject to no living creature , but the king himself , free from episcopall service and authority , and where no bishop shall enter to give any orders , &c. tom. concil . part . pa. . a. in which words i note , first , that the kings of england in those ancient days , being before their coronation meerly lay persons , were by their consecration made candidati ecclesiasticae potestatis , and admitted to the administration thereof ; for to what other purpose was consecration ordained , but to make secular things to belong unto the temple , and lay persons to become sacred and ecclesiasticall ? like jacobs stone in the time of the morall law , which presently upon the anointing thereof became appropriate to the house of god. secondly , he plainly maketh the king head of this monastery , that is , of the place it self , and of all the persons and members therof , which then by consequence he might likewise be of all other ecclesiasticall persons and places through the whole kingdome . and even that also he granteth in a sort in the end of his epistle , vobis & posteris vestris regibus committimus advocationem & tuitionem ejusdem loci , & omnium totius angliae ecclesiarum , ut vice nostra cum concilio episcoporum & abbatum , constituatis ubique quae justa sunt . so that if the kings of england be pleased to execute this ecclesiasticall authority ▪ as the popes vicar , then by this his charter they are invested therewith ; and peradventure the clergy of rome can never revoke it , being granted posteris regibus : and the epistles of the popes , being as barclayus saith of nich. . to michael the emperour , as an ecclesiasticall law , lib. de potest . papae . ca. . pag. . but in the mean time it is hereby evident , which i endeavour to prove , that the kings of england are justly capable of spirituall jurisdiction by the popes own confession , for which purpose onely i here alledge it . and to give more life to the matter , it appeareth by baronius , that pope vrbane the granted not onely as much in the kingdome of sicil to the king of spain , being the anointed king thereof , but added also to that his ecclesiasticall jurisdiction , divers branches of spirituall power belonging meerly to the keys , and not to the sword , that is , to the very function of a bishop , as namely , that of excommunication . all which , though baronius impugneth mainly to be of no validity , because that all things are void , ( he saith ) that the church doth against her self : yet the king of spain both holdeth , and exerciseth this function and jurisdiction onely by the connivency of the pope , but defended therein by cardinall ascanius colonna , against baronius . but to leave forain examples , and to goe on with our domesticall precedents ; it is manifest by other ancient authorities , charters , and manuscripts , that the pope thereby granted no more to king edward and his successors , then the same king , and his predecessors , before assumed to themselves . for this epistle could not be written to s. edward , before the end of his reign , ( nicholas not being pope till then ) and in the laws of the same king , before that time published , himself doth plainly declare himself to be , vicarius su●d ●i regis , not summi pontificis : yea , and that in the government of the church . for the words of his own law , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cap. . be these — the king because he is the vicar of the highest king , is appointed to this purpose , that he should rule his earthly kingdome , and the lords people : and should above all things worship his holy church , and govern it , and defend it against them that would wrong it , and to pull the evill doers out of it , &c. so that write the pope what he will , s. edward here taketh upon him to have the rule and government of the church of england ( committed to him from god , and not from the pope ) and to be gods vicar , not the popes : wherein he imitated his predecessors ; for king edgar speaking of the government of the church , saith in plain tearms , that it belonged to himself , ad nos ( saith he ) spectat . and because casaubon in citing this place out of the manuscript , is charged by parsons to falsifie it , and that it is , or should be on the contrary , ad vos spectat , scil . ecclesiasticos : give me leave to defend that worthy man being now dead , in whose behalf i must avow that the originall is plainly ad nos , and not ad vos ; which lest it should seem either mistaken , or questionable , king edgar himself doth manifestly clear it , both by deeds and words : for of his own authority he removed generally the clerks of that time , that were not professed , out of the monasteries , and placed in their rooms , monks and regular persons , as appeareth by his owne words , in his charter of malmesbury . ( malmsb ▪ pag. . l ▪ . ) and also in the foundation book of the abbey of winchester , written all in golden letters , wherein likewise he prescribeth the rules for the government of the religious persons there ; and saith , that himself will look to ●●e monks , and that his wife aelfthryth shall look to t●e nuns . and lest it should seem that he had done this rather out of the will of a prince , then by just authority , hoveden , and historia jornalensis , doe testifie , that he did it by the advice and means of ethelwould , bishop of winton , and oswald , bishop of worcester . so that the very clergy of that time , agnised , executed , and affirmed his jurisdiction herein : which i will close up with a materiall sentence out of his charter in glastenberry , extant in malmsbury de gest . reg. li. . pag. . where the words be these , concessit etiam ( scil . edgarus ) ut sicut ipse in propria , ita totius insulae causas , in omnibus tam ecclesiasticis quàm secularibus negotiis , absque ulla ullius contradictione abbas & conventus corrigeret , that is , king edgar granted , that the abbot & covent of glastenberry should correct ( or amend ) all causes , as well ecclesiasticall as secular , within the whole isle of glastenberry , as himself did within his own isle , namely , of england . so that the king here denounceth , that himself hath the correction or ordering of all ecclesiasticall causes within this his isle . and in further declaration thereof doth by that his charter by and by after prohibit all bishops from medling within the isle of glastenberry : and lest he should seem to doe a new thing , he closeth it up with this apology , that his predecessors , cemwines , ines , ethelardus , cuthredus , elfredus , edwardus , ethelstanus , edmundus , had all of them done the like ; and he might have added out of bede , l. . c. . that cenwalch king of west-saxon , of his own authority divided the sea of agilbert his bishop , being a french man , and of another language , which he understood not , and gave one part thereof unto winus a man of his own nation , which though he were afterwards compelled by necessity and discontent of agilbert to reunite , yet his successor inas , divided them again , and then they so continued . hen. huntington l. . pa. . l. . it is true , that ad majorem cautelam , king edgar required john . to confirme these priviledges , lest any , as he saith , should in future time , either take them away , or throw out the monks , but himself had first done it of himself ; and the vigor that the pope added to it , was rather a fortifying of it with a curse against robbers , and spoilers , then an enlargement of the validity thereof , as quicking thereby a livelesse body . for so likewise may the popes own authority be disputable , insomuch as he also required the generall synod , then holden at rome , anno . ( as malmsbur . saith ) to confirm it . but the fashion of those times was , that secular princes sought sometimes to have their temporall laws confirmed by the pope with a curse against the breakers thereof ▪ as did howell dhae , for those his laws of wales ; and in like manner was it usuall for councels and synods to seek the confirmation of their canons from temporall princes , as did that of orleans before spoken of from clodoveus , and the councell of toledo from euricus , who made a speciall law for establishing it , as you may see in the laws of the wisegothes , l. . tit . . ca. . ut sic gladius gladium adjuvaret . it may be objected , that edgar being the great king of this whole isle , ( for he styled himself totius albionis basileus ) might usurp upon the church , and doe these things rather in the will of a prince , then by just authority . it is manifest partly by that which i said before , but plentifully by his charters , that the clergy of that time were so far from denying , or repining at this his jurisdiction , that they affirmed and subscribed unto it , as appeareth in his charters . and how large soever his dominion was , his humility was as great , for though in matters of government he carried himself as the head officer of the church , yet in matters of faith he was so obedient , that to expiate his incontinency with a nun , he threw himself at the feet of dunstan his bishop , submitted himself to seven years penance , and presumed not to be consecrated till the . year of his reign . but these things were no novelties either in the person of edgar , or in the princes of those ages ; for the minor kings themselves within the orbs of their own dominion used the like jurisdiction , as you may perceive by those cited by edgar , in the charter of glastenberry , and by many other in particular charters of their own . yea , the kings of mercia that were but vassals , and underlings to the kings of west-saxony , within the limits of their little kingdome used the same plenitude of authority , as appeareth by the charter of kenulphus , who lived about the year . made to the abbot of abingdon , wherein he saith , — sit autem prae-dict ' rus liberum ab omni regali obstaculo , & episcopali jure , in sempiternum aevum , ut habitantes ejus nullius regis aut ministrorum suorum , episcopive aut suorum officialium jugo deprimantur , sed in omnibus rerum eventibus as defensionibus causarum abbatis abbindenensis , monasterii de caetero subjiciantur , term. trinitat . h. . f. . b. and it is there said by the judges , fol. seq . b. that many abbeys in england , had larger words then these in the kings charter , as , omnimoda justitia & quicquid regales potestates conferri possunt . to leave the saxon kings , and to come to the normans , that we may see by what channell this fluent of authority hath been deduced to his majesty . lanfranc archbishop of canterbury , in the conquerours time , would have given the abbotship of s. augustines , but the new king , ( saith the book ) i. william the conquerour , did deny it , saying , that he would conferre all pastorall staves in his realm , and would not conferre that power to any whatsoever . govern you ( saith he ) that which appertaineth to faith and christianity among the monks , but for their outward service , you shall let me alone with that . you see here , that the king doth not in covert manner , or by little and little , creep into ecclesiasticall jurisdiction , but with an absolute resolution , whilest he yet stood as it were but upon the threshold of his kingdome , and might justly fear some notable transmutation in discontenting his clergy , the halfe arch of his kingdome , even then hee forbare not to contest with them upon points of jurisdiction , confining theirs unto matters of faith , and extending his own to the uttermost limits of the outward government of the church . but because his hand and his seal doe more authentically enforce credit , then the report of authours and historians , see what he assumeth in his charter of foundation of the monastery sancti martini de bello , commonly called battail abbey , for that he built it ( as romulus did the capitol ) in the place where he overcame his enemies ▪ in this charter he granteth that , that church shall be free from all servitude , and from all things whatsoever mans invention can imagine , — and commandeth therefore that it be free from all government of bishops — neither shall the bishop of chichester , though it be in his diocesse , make any ordinations there , nor grieve it any thing , nor execute any kind of government , or authority there ; but that it be as free ( saith he ) from all his exactions , as my own dominicall ( or demesne ) chappell . the abbot shall not be compelled to goe to the synod , nor forbidden to promote his monks to holy orders , where him self listeth ; nor he , or his monks to require what bishop they will to consecrate altars , &c. and this also by my regall authority , — i ordain , that the abbot shall be lord and judge of all things in his own church , and within one league round about it , &c. see the charter at large . here it appeareth , that this victorious king will. . took himself to have , pallium ecclesiasticae jurisdictionis , the fulnesse of ecclesiasticall power ; and as the supream magistrate thereof , not only abridgeth and revoketh the jurisdiction of other bishops within this place , as of the archbishop of canterbury , and the bishop of chichester , but disposeth the same according to his owne pleasure , namely , to the abbey of battail , with so great enlargement of priviledge and authority , as no bishop of the kingdome hath the like . free from all servitude , and from all things whatsoever mans invention can imagine , are exquisite words of priviledge , and how far they might stretch at those times , ( when the profession of our laws was not a science ) into regall , or canonicall jurisdiction , i cannot judge : but i know by staffords case , h. . f. . they will now bee restrained with many exceptions . so likewise , that the abbot shall not be compelled to come at synods , or to take ordinations for his monks , or consecration of altars , &c. from the bishop of his diocesse , are directly against the decrees of the church , canons , synods , and generall councels . as also it is , that hee should be judge of things in his own church , and the circuit assigned , which though here it bee but a league , i see not , but he might as well have made it ten , if it had pleased him , and by consequence a county , or province . and lest the king should seem to have done this by some indulgence from the pope , or connivency of his own clergy , he saith expresly , that he doth it by his regall authority , and that not closely , or under-hand , but episcoporum & baronum meorum attestatione . and to declare how far the clergy of that time was from repining or impugning this his jurisdiction , the archbishop of canterbury , the bishops of chichester , winton , and worcester , are witnesses to the charter , and denounce a curse against the breakers thereof . one other thing also is worthy of note , that the kings demean chappell , seemeth by this , not to be within the jurisdiction and diocesse of any bishop , but exempt and as a regall peculiar reserved onely to the visitation and immediate government of the king , or such as it pleaseth him to substitute ; for the archbishop of canterbury hath no jurisdiction there by his own confession , ut pat . hoveden l. . . pa. . william rufus in like manner told anselme archbishop of canterbury , that no archbishop or bishop of his kingdome should be subject to the court of rome , or to the pope , — quòd nullus archiepiscopus vel episcopus regni sui ( saith mat. paris . ) curiae romanae vt ▪ papae subesset . and because anselm asked leave of him to fetch his pall from pope vrbane at rome , — hanob rem ( saith mat. paris . ) à rege majestatis reus postulatur ; he is called in question of high treason , an● gundulphus bishop of rochester , and very many other bishops approved the accusation ; in vita will. . p. ▪ & . malmsbery reporteth that his offence was for appealing to the pope in matters between the king and him ; but he agreeth that all he had was confiscate ▪ and himself banished by consent of the bishops ; and he addeth further , that being after recalled into the kings favour , upon a new difference between the king and him , he appealed the second time to pope vrbane , and without the kings licence would go thither , for which cause his whole bishopricke and goods were reseised into the kings hands , and he exiled . and though the pope threatned to excommunicate the king , if he restored him not , and the councell then holden at rome , stormed much at the matter , yet anselm continued in that plight during the lives both of the king and the pope . malmsb. de gest . pontif. li. . pa. , &c. finis . an answer to a question of a gentleman of quality ( proposed to and made by a reverend and learned divine living in london ) concerning the settlement or abolition of tithes by the parliament , which caused him to doubt how to dispose of his sonne whom he had designed for the ministrey : wherein also are comprised some animadversions upon a late little pamphlet called , the countryes plea against tithes , discovering the ignorant mistakings of the authors of it , touching the maintenance of the ministery . sir , though it were high presumption for a private man , as i am , to presage what so wise a senate as the parliament will doe for the future , either in point of tithes , or any other affaire of so publike concernment , yet i hope i may , without reaching above my line , take upon me to tell you , that the ground of your doubt touching their alienation of tithes from the ministery , ( which i shall bring in its proper place ) is but such as will serve rather to beare up a transient suspicion or surmise of such a matter , then a settled assurance that it either is so already , or that hereafter it will be so . for the first , that it is not so , i am sure ; because , . they have passed an ordinance for the ministers recovery of tithes , and other ministeriall dues from such as doe detaine them , november . . which is still in force , through the influence of their power and favour . . they have made competent additions to very many livings out of impropriated tithes in the hands of delinquents ; and this they have done with so much cheerefulnesse , and beneficence on the ministers behalfe , by the committee for plundred ministers ▪ that many have cause to blesse god for them as their great patrons , and benefactors for that manner of maintenance ; wherein they have done beyond and above any parliament that were before them , and they continue and persist in the making of such augmentations , as occasion is offered , to this very day . . they have given the repulse to divers petitions against tithes , which by the instinct and instigation of men of unsound principles and unquiet spirits have been put up unto them . for the second , that they will not take them away in time to come , i have these grounds , if not of infallible certainty , yet of very great probability . though they have resolved upon the sale of bishops lands and revenues , in their ordinance of november . . for that purpose , they have made an especiall exception with respect to the maiutenance of ministers in these words , except parsonages appropriate , tithes , tithes appropriate , oblations , obventions , portions of tithes , parsonages , vicarages , churches , chappels , advowsons , donatives , nomination , rights of patronage and presentation . in excepting the right of patronage , they meane neither to leave it to the power of the people to choose what minister they please , ( and the practice of the honourable committee for plundred ministers sheweth the same , for they appoint and place ministers very often without the petitions of the people , and sometimes against them , as their wisedome seeth cause ; and if it were not so , many would choose such as deserved to be put out againe . ) nor to put the ministers upon the voluntary pensions , or contributions of the people for their subsistence , but assigne them under such a title what belongeth unto them by the laws of the land , viz. tithes , obventions , &c. which intimates their mind not onely for the present , but for the future . their wisedome well knoweth that the revenue of tithes as it is most ancient for the originall of it , and most generall in practice , both for times and places , so it hath the best warrant from the word of god ( not onely in the old testament , which none can deny , but in the new , which though it be denyed by some , is averred by others , as d. carleton , m. roberts , d. sclater , m. bagshaw , in their treatises of tithes , and yet unrefuted by any ) and from the laws of many christian states , especially from the statutes of our kingdome , whereof abundant evidence is given in the booke of the learned antiquary , sr henry spelman . . that notwithstanding all the authority that may be pleaded for them , the people are backward enough to pay to their ministers a competent maintenance ; and if tithes should be put down by the parliament , it would be very much adoe to bring them up any other way to any reasonable proportion of allowance for their support ; and so in most places the ministery would be reduced to extreame poverty , and that poverty would produce contempt of their calling , and that contempt atheisme . . that it is evident that such as make the loudest noyse against the tenure of tithes , are as opposite to the office and calling of ministers as to their maintenance ; and intend by their left-handed logicke ( because as the saying is , the benefit or benefice is allotted to the office ) to make way for the taking away of the ministery , by the taking away of tithes ; and not to wait the leisure of consequentiall operation , ( according to the craft of julian , who robbed the church of meanes , expecting the want of wages would in time bring after it a want of workmen ) but presently to beare down both , as relatives mutually inferre one another , as well by a negative as a positive inference ; and so as the parliament having put down the office of the prelacy , now makes sale of their lands , they , if they could prevaile for the discarding of tithes , would by the same argument ( clamour and slander ) presently and importunately presse for deposition of the ministery . and we see how they take upon them with equall confidence and diligence , not onely to write , but a publikely to dispute against them both . . that if rights , so firmely set upon so many solid foundations , should be supplanted , it would much weaken the tenure or title that any man hath to his lands , or goods , and would be a ready plea for rash innovators ; and the rather , because of the manner of the anabaptists proceedings , who began their claime of christian liberty with a b relaxation of tithes , and went on to take off the interdict or restraint in hunting , fishing , and fowling , wherein they would allow neither nobility , nor gentry , any more priviledge then the meanest peasant . and as their principles were loose ; so were their practices licentious , for they held a c community of goods , and equality of estates ; d whereupon the common people gave over their worke ; and whatsoever they wanted they tooke from the rich even against their good wills ; so that it was a breach of their christian liberty , belike , to have a lock or a bolt on a doore , to keep a peculiar possession of any thing from them . and the liberty was more and more amplified , according to the fancies of their dreaming doctors , for their dreames were the oracles of their common people ; and every day they set forth their liberty in a new edition , corrupted and augmented , till all the partition walls of propriety were broken down ; and so not content to have other mens goods at their disposall , and to be quit from payment of rents , and debts , ( having made a monopoly of saintship to themselves ) they excommunicated all who were not of their faction both out of sacred society of the church , and out of common communion in the world as wicked and profane , and unworthy not onely of livelyhood but of life also ; and usurped a power to a depose prince and other civill magistrates , as they pretended they had commission to kill them , and to constitute new ones in their stead as they should thinke fit . b such seditious and sanguinary doctors , as luther called them , did satan stirre up under the pretext of euangelicall liberty ; a liberty which in them admitted of no bounds , being like the &c. oath without bankes , or bottome , of no rule or order , being carried on with a wild and giddy violence ; such as the great and pernicious impostor of the world prompted them unto , though they vented their diabolicall illusions under the title of divine revelations , as the prince of darknesse made them believe , when he put on his holy-day habit , the appearance of an angel of light . cor. . . . that the payment of tithes where there are the fruits of the earth , and increase of cattell , out of which they may be raised , is the most equitable way and meanes of maintaining the minister , since such a gaine is not onely harmelesse , and without sinne , for the manner of acquisition , ( which we cannot say of pensions and exhibitions made up out of trade or traffique ) but such as may be most permanent and constant , since whether the tithe be lesse or more , it is still proportionable to the other nine parts ; and if the yeares be plentifull , there is the more provision for house-keeping , if scarce , that part though lesse is the more in price and worth , either for use in kind , or for exchange for other commodities . whereas a rate in money which is competent in some places , and at some times , is incompetent in others , such is the change both of monies and necessaries bought with money . for money , the time was when an ounce of silver now at . s. was valued but at . d. so in the act of parliament in the third of edward the first , cokes instit. part . p. . when markes a year was enough honourably to maintaine a student at the innes of court. fortescue is his commentary on the lawes of england , c. . p. . and this was held so great a charge as was to be borne onely by the sonnes of noblemen , and therefore they onely , saith the same author , studyed the lawes in those innes , ibid. and of old the revenues fit for a knight was rated to . l. a yeare , of a baron to markes a year , and of an earle . l. a year : cokes instit. l. . c. . sect. . fol. . and lindwood in his provinciall constitutions notes upon the rate of a vicarage ( for such by the fraud and rapine of the superior popish cleargy a were many times deprived of tithes , and put to pensions ) that it was to be marks in england , but in some parts of wales they were content with lesse , afterwards their meanes was augmented to markes a year , but some would not be contented with lesse then marks a year ; and , indeed saith the glosse , markes was too little for hospitality , and other expences ; implying that markes was sufficient for all occasions . as for money , so for commodities to be bought with it , the prices have been very various ; in the b statute entituled assisa panis & cervisiae , made anno h. . and anno dom. . the dearest rate for a quarter of wheate ( which in the middle of the kingdome is a measure containing eight times four peckes , i render it by that proportion , because it is more generally knowne ) was . s. the cheapest . s. so that betwixt these two extreames the ordinary rate might be about . s. the quarter . and for other provisions the rate set upon them in a dearth in the reigne of edward the second was this , for an oxe fatted with grasse fifteene shillings , for one fatted with corn twenty shillings ; the best cow twelve shillings , a fat hogge of two yeares old three shillings ; a fat sheep shorne fourteen pence , with the fleece twenty pence ; a fat goose two pence halfepenny , a fat capon two pence halfepenny , a fat henne a peny , four pigeons a peny , so that whosoever sold above should forfeit their ware to the king. dan. hist. l. . p. . and i well remember that not very many yeares agoe there was a controversie brought before the commissioners of charitable uses in cheshire ; wherein was discovered the cheapnesse of things in former times : the case was thus . there was a legacy of twenty markes given to the parish of wood-church in that county to buy oxen to till the ground of poore men , with which small summe at the time of the donation , ( about sevenscore yeares before ) were bought no fewer then twenty yoke of oxen ; which because the poore people were not able so to keep that they might be strong to labour , it was thought fit to sell them and to buy in their stead as many milch kine as the mony would reach unto , which were to be hired at a low rate to such as were not able to buy such cattell for themselves . but it is yet a cheaper price we read of in edward the first his dayes , when by stat. westm. an oxe was to be sold but at . s. so in the th yeare of edward the . cited in cokes instit. part . p. . how rates are raised in the present age ( whether by scarcity of things , or by the increase of people , or multiplication of coyne , or all ) is not unknowne to any , and too much experimentally by many whose portion is too penurious for their necessary expences . nor is this great difference of rates , either for money , or for goods , brought to passe on the sodaine , but raised by degrees ; so that if the rule of tithing should be laid down , the ministers wages must be changed , as jacobs was in labans service , many times over , which would be an intricate trouble to proportion according to severall variations of persons , and places ; to which inconvenience the maintenance by tithes is not obnoxious ; nor to any other , which may be compared with such as will hardly be separated ( if at all ) from the alienation of tithes . that if any innovation be made in this matter , and the people be displeased with it , ( as they will quickly be displeased with any thing which puts them to cost ) they will take the more boldnesse to contemne it , because it is new , and for that it neither hath , nor is like to have such a ratification of authority , either divine , or humane , by constitution or prescription , as tithing hath had ; no , though it should be supposed to last to the end of the world . for tithes were paid yeares , almost yeares before christ ; salian annal. tom . p. . nu . . & since christ ( excepting some times of persecution ) for the most part of sixteene hundred fourty sixe yeares ; and we cannot hope the remaining age of the world will hold out halfe so long . to these i could adde divers other considerations of importance , which cannot be hid from the prudence of such a multitude of sage counsellors as that most honourable senate the parliament consisteth of ; which maketh me confident that before they give assent to any such petitions as are put up against tithes , they will be pleased to heare what the assemblie of divines can say in answer to such objections , as are framed against them , upon pretence either of scripture or religious reason . animadversions upon the petition of the committee of kent . against this , that which moved you to thinke the parliament would take away tithes , was , that you have read in one of the newes bookes , that the knights and gentlemen of kent presented a petition to the honourable house of commons , against the payment of tithes unto ministers , and that they received thanks from the speaker in the name of the house for that service , and that it is held fit to be a leading case for all other counties of the kingdome . you must beware how you believe the newes bookes , for they are many times ignorantly and inconsiderately erroneous , or fallaciously false , out of an ill affection to some , and apparent partiality to others . for the petition it selfe , . it commeth not as from the knights and gentlemen of that county in common , ( who i am credibly informed are not very well pleased with it ) but from the committee of kent , who ( if they be like the committees in many places ) are not all of them men of sound , and orthodox judgement , neither for matter of tithes , nor for divers other tenets of religion . . howsoever they professe a good meaning to establish a sufficient maintenance for godly and well deserving ministers ; a very good meaning to extend it so farre as to succor their widowes and fatherlesse children , as we see by the th proposition of their new project . it will be a probleme ( which the present age perhaps will not be able to resolve ) who the trusties in after times will accept for such ministers ; although they may have cause to suspect that some part of kent for the present is not so reformed as it should be ; anabaptists and other sectaries having misled many into adverse principles , not onely to tithes , but to other matters of moment , concerning mans duty both of the first and second table . . for their exceptions against the received maintenance by tithes they say first , in generall , that they bewayle the sad condition of the country , in respect of the uncertaine floting , and miserable condition of the ministry , occasioned by the very nature , manner , and adjuncts of the way of tithes ; which the experience of thus many ages doth plainly evince to be miserably attended with these ensuing mischiefes . to which i answer ; that the miserable and floting condition of the ministry proceeds not from the nature , manner or adjuncts of their subsistence by way of tithes ; nor doth the experience of thus many ages ( that is , of the precedent ages hitherto ) evince so much ; for god ( who is omniscient , and therefore cannot but foresee all subsequent inconveniences for many hundred yeares to come ) established that meanes to be a standing and settled maintenance for his service ; and the misery of the ministry proceeds not from the nature or manner of tithes ( which to affirme may seem to coast too neere their conceipt who imagine god to be the author of sinne ) but from the ill consciences of men , who make no scruple to rob god of his right , malach. . ( for tithes are his portion , levit. . . ) and ministers may suffer very much in the present age , because there be many anabaptisticall sectaries ( from which kent is not more free , but as some say , more infected then some other counties ) who take up importunate clamours against tithes as antichristian and jewish ; and there will be the more by the countenance they may have from such a petition ; and such petitioners , because divers of them are of good reputation , not onely for wealth , but for their wisedome and learning well affected to religion and the parliament ; and i beleeve it the rather , because some godly ministers have expressed their approbation both of it & them , though therein i conceive they shewed more of the simplicity of the dove then of the wisedome of the serpent ; for albeit their meaning might be so to gather the tithes , and to put them into such hands , as might be rather for the ministers ease then for their losse , no man can prophesie that so good a spirit will descend upon their successors , nor how crosse they may prove to such a christian intention . . for the particular exceptions , they say ; first , that for the nature of this subsistence it is a very mystery , and secret , not easily without much art and industry attained unto ; namely for the minister to know his dues demandable , or the parishioners their dues payable ; whence ariseth that multitude of scandalous and vexatious suites and brables betwixt ministers and people , which doth fill all the courts at westminster , and other the justice-sittings in the country likewise with causes in this kinde . in this charge there be two particulars contained , first , of the difficulty of knowing the right of tithes ; secondly , of the vexatious suites raised betwixt pastors and people upon that ground . for the first , it is a very strange mystery , that after so many hundred yeares of tithing it should not yet be knowne what it is ; but i doubt not but in this case the right is better knowne unto ministers that should receive tithes , then acknowledged by the people that ought to pay them ; and how can they set up their new designe upon the old foundation of tithing , as they project it , if it cannot be knowne what is the ministers demandable due , what the peoples payable duty : that modell is more like to be a mystery which they propound , since it was never heard of in this kingdome untill they had devised it ; and as like it is to prove a misery to ministers , if their portion should come into no better hands then most of theirs , who have petitioned against tithes since this session of the parliament . and secondly , for the multitude of scandalous and vexatious suites , they make no more against the right of tithes , then against borrowing and lending , buying and selling , letting of leases , setling inheritances , joyntures , &c. upon which titles are set the greatest number of suites ; and for suites for tithes if the law allow them a right , it alloweth them a remedy to recover that right ; and for the suites that were occasioned thereby , they are neither so many as is here presented , nor so scandalous for the ministers part , for they may be imputed to the old avarice of worldly minded men , who being of a contrary mind to the apostle , thinke it an hard bargaine to exchange their carnall for the ministers spirituall things ; but principally to the new principles and practises of such unreasonable reformers , as imagine they are never sarre enough removed from one extreame untill they arrive at the other , accounting all superstitious in point of tithing , that are not sacrilegious . . for the manner of it , respecting either the collecting or payment of tithes , it is a mutuall scourge in the hand of ministers and people each to other , if either or both ( as too often it happens ) prove covetous or crosse . if it be a mutuall scourge , it would well become the wisedome of these committee-men to enquire where the right is , and who doth the wrong , and to project a way how the wrong-doer may be made to doe right and to give due satisfaction to such as suffer under an undeserved scourge , and i hope when our reformation is grown up to such a competent degree of strength and stature as that it may quit the service of country committees , there will be no more cause of such a complaint then for many hundred yeares heretofore there hath been . . for its adjuncts ( that is of the maintenance by tithes ) the mischiefes of them will appeare innumerable , if the pregnancy of onely one be but considered ; namely , in the unreasonable proportion of livings , or values of churches to which they are belonging , whence arise these inseparable evils . by what new-found logick will you frame such an induction , as from one particular to inferre innumerable mischiefes , particularly from the disproportion of livings ? you seeme to thinke otherwise , where you say in your th proposition , that in the distribution of the revenues for ministers regard must be had to the desert of the person , his family , and charge ; if so , certainly there is a great disproportion in deserts ; and for charge it is considerable , not onely for the greatnesse of a ministers family , but for the dearnesse of his education ; some have spent many yeares , and a large patrimony in the university , to make them fit for the ministery ; and should not they be supplied with a more liberall allowance ( caeteris paribus ) then those who have been at little expence both of time & estate to be duely qualified for such a calling ? if the proportion of parts , and paines , of charge both academicall , and oeconomicall , be duely weighed , there will be many more livings found too little then too great for a ministers maintenance ; especially if you will allow him a library ( such as a learned knight thought necessary for a minister ) of . l. value . but if the proportion be unreasonable , must tithes be supplanted and their ancient tenure abolished for such a disproportion ? must the foundation be digged up because the building is too high ? may not a tree , whose branches are too luxuriant , be lopped , and left entire in the bodie and roote ? when a mans beard is too long , will you cut off his chinne ? that out of doubt were an unreasonable reformation . . from this unreasonable proportion , you say , arise these unseparable evils . that most unworthy persons , who by favour or friendship or any sinister wayes can get into the greatest livings , being once invested with a legall right of freehold for their lives , securely fleece the flocke , and feed themselves without feare or care , more then to keep themselves without the compasse of a sequestration , whilst others both painfull and conscionable both serve starve . this is not ( as you call it ) an unseparable evill from the proportion you speake of ; for there be some men who have had , and at this present have great livings , not by any sinister wayes , but by such favour and friendship as is ingenuous , and just , and who keep as great a distance from desert of sequestration as any committee man doth within the county wherein they live . and if they carry themselves so as to be without feare and care , and without the compasse of a sequestration , in these inquisitive and accusative times , they are more to be countenanced and encouraged then many of those who are professed adversaries to them . but the matter , it seemes , that troubles you is , that they are invested with a legall right of free hold for their lives , and if they have such a right , and walke so warily as to keep out of the reach of a just sequestration , why should they not enjoy it ? would you have all to be betrusted to the discretion and conscience of your arbitrary committees ? truely gentelemen , we are afraid to trust you so farre , as to give up such a certaine title as formerly and anciently established upon the incumbent by the fundamentall lawes of the land , as the right of any person to his temporall estate , and to stand to your arbitrary dispensations for our livelihood ; lest laban-like you should change our wages ten times : and if your petition should take place , it might prove of very ill consequence in another generation , were you never so well minded , and it may be sooner ( in the next succession : ) for if the trustees should be either proud or covetous , or prophane or licentious , hereticall , or schismaticall , the best mininisters might happily be the worst dealt withall ; and the right of receiving tithes taken out of their hands might put them into the passive condition of silly and impotent wards under subtill and domineering tutors or guardians , in name such , but indeed nothing lesse then assertors and defenders of their rights , as tutors and guardians ought to be . and that our feare and jealousie is not without cause in respect of trustees and committee-men , nor so much of you in particular , of some of whom we have heard and beleeve much good , as of such as may have as great authority without so good an intention , we shall give you our ground out of the observation and complaint of witnesses above exception , viz. the well affected freemen and covenant-engaged citizens of the city of london , in their humble representation to the right honourable the lords and commons in parliament assembled , in these words . and here we may not omit to hint unto your honours the exorbitant practises of many committees and committee-men , who have such an influence by meanes of their authority upon the people , they being at their wills and in their power to doe them a displeasure , that they dare not doe otherwise , then obey their unlawfull commands , without the inevitable hazard of their peace and safety ; through which meanes tyranny is exercised by one fellow-subject upon another , and justice and equity cannot enter . the cryes of all sorts of people through the land are growne so loud against the people of this vocation and profession , by reason of those grievous oppressions that are continually acted by them , that in tendernesse of affection toward our brethren , not being ignorant or insensible of our owne sufferings in this kind , and the great dishonour accrewing to the parliament thereby , that we cannot but be earnest suitors to your mercy and justice that such may be dissolved . . for obtainment of these livings we see such sordid compliances with such persons as have the fattest benefices ( as they count and call them ) in their dispose ; such artifices in contriving , making , and colouring over simoniacall and sinfull bargaines , compacts , and matches , such chopping of churches , and restlesse change of places , till they get into the easiest and warmest : and other such like practises not to be named , nor yet to be prevented or removed , otherwise then by flucking up the very roote which naturally brancheth out it selfe into these foresaid mischiefes , so obstructive and destructive to all reformation . here is a great deale of aggravating rhetoricke against the greatnesse of church-livings . but why should all this evill be imagined rather of ministers fat benefices as you say they are called , then of great and gainfull offices in the state ? is there not more care had , and more strict triall taken of ministers sincerity and integrity then of secular officers ? surely we are bound in charity to expect a more reformed ministery , then we have had , who will rather say unto a simoniacall patron as peter to simon magus , thy monie perish with thee , acts . . then be levies to such a simeon in making a base and corrupt contract for a benefice . and for that you say , that such practises are not to be prevented or removed , otherwise then by plucking up the very roote , which naturally brancheth it selfe out into these foresaid mischiefes , so obstructive and destructive to all religion . whether you meane tithes to be this roote , or the disproportion of benefices , or the right of patronage and protection , i cannot tell , but sure i am , that the apostle cals covetousnesse the root of all evill , and so the root of that evill which sometimes passeth betwixt a patron and his chaplaine : and may as frequently , and with as much injury be found betwixt some committee-men and trustees and the ministers of their choice , as any other . but as i am confident that there will be an amendment on the ministers part , by the regular way of the parliaments reformation , according to the directions of ordination of ministers already printed & accordingly practised , so will it bee not onely possible , but easie for the state to finde out a fit means to prevent prevarication on the part of the patron ; but if tithes be removed from their ancient foundation , and lest loose to the disposall of trustees or committee-men , they will be a more ready prey for the covetous into whose hands they may come , and from whose hands perhaps they cannot without great difficulty be redeemed . lastly , in the close of this petition , the petitioners shew great care that the ministers may be freed from the incumbrance of tithes , to serve the lord without distraction , and to give themselves to the word of god and prayer , and to be onely employed to make ready a people prepared for the lord ; and so they may do if they be maintained by tithes ; for that means of maintenance gives a man occasion of more and better acquaintance with the particular disposition of his people , and it is his part to be diligent to know the state of his flock , prov. . . and for that trouble which may be thought inconsistent with the calling of a minister , if his means be sufficient , he may have a servant to take it from him , and ease him of it . i know a minister whose benefice was a vicarage , and his parish so large , that it was miles in length , and of a proportionable breadth , yet did it not put him to the expence of one day in a year to compound for , or gather in his dispersed portion . now for the successe and acceptance of the petition in the honourable house of commons , to which it was presented ; if such an innovation had been granted for that county , it had been fitter to have been made a sibboleth , for that cauthe or angle of the kingdome ( for so the word kent signifieth ) as their custome of * gavelkind , then to be made a president or pattern of conformity to other parts of the kingdome , as the news-book of the same week prescribed that to his reader . but the answer of the worthy senate was such as may further confirm us in our confidence , that they will still continue to be gracious patrons of the maintenance of ministers , and that they will be more ready to ratifie precedent statutes and their own ordinance made in that behalf , then to dissettle their tenure which is founded upon them , and to make ministers arbitrary pensioners to such as may be so far swayed by misprision of judgement , or personall dis-affection , as to deal most penuriously with those , who being truly valued ( without erroneous mistaking or injurious misliking ) may both by the eminence of their parts , and their faithfulnesse in their places , deserve the most ample , and most honourable revenue . i will give you their answer in their own words , which are most authentick , they are these . m. speaker by order of the house of commons did give the petitioners ( the committee of kent ) thanks for their former services , and took notice of their good affections to the publique ; and did acquaint them , that the great businesses of the kingdome are now instant and pressing upon them , and that they will take the petition into consideration in due time , and that in the mean time they take care that tithes may be paid according to law. but there are some in the parliament that hold the maintenance of ministers by tithes to be jewish and popish , and therefore they will give countenance to petitions that are put up against them , and doe what they can under such titles to render them offensive to such as are truly religious , especially to those who have most power to abolish them . . it may be there are some such , and if there be some such among so many , it is neither to be thought strange , nor true , for such a number of them as may be able to carry the cause against the continuance of tithes . . for the tearm jewish , it is mis-applyed against tithes , as it was by the prelates of late , & is by the anabaptists at the present against the sabbath ; nor are they more popish then jewish ; for the papists , though their people pay them , and their priests receive them , yet they for the most part holding thē to depend meerly upon ecclesiastical constitution , made no scruple of changing them into secular titles or uses , as in impropriations in the hands of lay-men , and many other distributions made out of them severall ways , without any respect to the service of the sanctuary . nor is there any thing in the payment and receiving of tithes under the state of the gospel , which may prebably be suspected to have any savour of judaisme , or popery , save onely the payment of tenths by the ministers to the king , as hath been lately well observed by mr l. in his second book against mr s. i will set down his words , and seriously commend them to the consideration of our religious reformers ; they are these , in answer to mr s. his question . qu. what a are the maintenance of ministers by tithes ? jewish and popish undenyably . ans. how ? jewish and popish undeniably ? as undeniably as the sabbath was jewish when the prelates so called it , or the article of the trinity popish , as b valentinus gentilis took it , when he disliked the doctrine of the reformed churches in that point , because they agreed with the papists therein . you are grossely mistaken sir in the tenure of tithes , for though there be a clamour taken up against them by such as make no scruple either of slander or of sacriledge , and some would change the ministers portion , which is their masters wages for his own work and reduce them to voluntary pensions of the people , ( because they would have a liberty to begger them w●● will not humour them in their fond and false opinions , and licentious practises , but oppose them as of conscience they are bound to doe ) neither you , nor all your party can prove them either iewish or popish , as they are allowed and received for the maintenance of the ministers of england . and because you are so confident in your opinion against tithes , and shew your self to have a good opinion of mr nye , ( whom with mr goodwin c you cite for a worthy saying touching the golden ball of government ) i refer you for satisfaction to him , who will tell you ( as he hath done divers others in my hearing ) that ministers of the gospel may hold , and receive tithes for their maintenance by a right and title which is neither jewish nor popish , but truly christian ; and there is nothing iewish or popish in tithes , but the assignation of the decimae decimarum , from the d leviticall priests to the high priest , from the high priest to the e pope , and from the pope to the king ; when first pope urbane gave them to richard the second to aid him against charles the french king , and others that uphold clement the seventh against him , as f polydore virgil relateth . and ▪ king henry the eighth taking from the pope the title of head of the church to himself by g act of parliament , took from him the tenths , and other profits annexed to that title , which were setled upon the crown by h statute in the th year of henry the . so that the iewish high priesthood being expired , the papall lordship abolished , the tithes paid under those titles , may be called iewish and popish , but not that which is assigned for the maintenance of ministers , because they are yet to doe service to their master , and so to receive the maintenance of his allowance for his work ; which fellow-servants cannot take upon them to take away without presumption ; their door-neighbour will not allow them a power to appoint the wages of their servants , much lesse may they usurp upon the right of god , and his ministers , to alienate tithes from the support of his service and worship , for that is rather popish , as hath before been observed . which being true and clear , ( as touching the pedegree of such tithes from the high priesthood of aaron to the independent prelacy of the pope , and from him to the king , as by claim from the title , head of the church , translated from the miter to the crown ) it will not i conceive be thought congruous to the christian reformation ( the thorow reformation professed by our worthy and religious rulers ) that such monuments of superstition or popery should be removed , which were unprofitable , and that onely retained ( as a silver shrine to diana ) which brings gain to the king or state , and puts the charge upon the ministers of the gospel ; who thereby ( i may say it confidently for some whom i know ) are brought to this perplexed dilemma , either to pay them with reluctancy , ( as no lesse contrary to their consciences then to their commodities ) or to deny or withhold them with suspition , or imputation of avarice , or disobedience to lawfull authority . but the parliament liketh not that tithes should be proposed , or pressed , as many divines doe , both in pulpit , and from the presse , as of divine right ; which because they think to be wrong , they will rather reject them , then ratifie them under a title of so high a strain . . not onely divines , but divers i others ( who are men of very eminent note ) hold tithes to be due by divine right , and some of them have undertaken to prove them so , and to answer all objections against them , which how far they have performed is left to the judgement of indifferent readers . . it is more like that ( as both religion and reason will dictate unto them ) they will be the more wary how they take them away , lest if that tenure should prove true , they should be found guilty of the sin of sacriledge , that they should abolish them , and that they will seriously search and enquire into the ground of that title , and while they are in doubt , that they will resolve of the safest course , which is , not to repeal them ; for as we must forbear to feed of meats of which another saith , that they are sacrificed to idols , cor. . . ( for his sake that saith it , though but a private christian ; ) so if divines say , ( and bring scripture and reason for it ) that tithes are dedicated to god , or by him assumed , first to himself , and then assigned or set over by him to his servants , for his work in waiting on his worship , which must be maintained to the worlds end , it will be rather a reason for them to support the tenure of tithes by their parliamentary power , then any way to prompt or dispose them to desert it , or to alienate their right from ecclesiasticall uses . the fear of sacriledge hath been of such force with some heathen moralists , as plutarch observeth in his morals , that if they pulled down a house contiguous to a temple , they would leave some of that part standing which was next unto it , lest they should with it take away any part of the temple it selfe . wherein if they shewed any spice of superstition , it will be more capable of pardon , or lesse liable to punishment at the hand of god , then we may expect if we proceed hastily to lay violent hands upon any thing peculiarly entituled to his honour , who is the authour and giver of all things to all men . . if the plea of a divine right for tithes ( supposing it setteth them up too high ) should incline to irritation in some to make opposition against them , why should not the contrary tenet which peremptorily taketh them down too low , calling them jewish , antichristian , and popish , and that undeniably , ( as hath been said , but never can be proved ) move others the rather to retaine them , and confirm them ? chiefly the parliament ( whose authority is most engaged for their justification ) and especially since the servants of god have had possession of them by so many laws , and so long a prescription ; for according to the maxime of the law , the possessors title is the best untill he bee fairly evicted out of it . . if the parliament doe not in their approbation of tithes come up to the tenure of divine right , they may yet be willing enough to establish them upon other grounds , and leave divines to the liberty of their judgment & consciences to plead for them according to the principles of their own profession , as in their ordinances made for setting up of the presbyterial government , though yet they be not satisfied of the claim of divine right for it , they were pleased to authorize it by their ordinance , and to require divines to prepare the people for the reception thereof by preaching of it , and for it ; so as both to clear it , and assure it ( so farre as they could ) by the sacred scripture . and on the other side while they approve it , though but by a civill assent , ( as to a prudentiall design , untill they see more light , which they look for in the answer to their queres proposed to the assembly of divines ) the presbyterians who hold it in the highest esteem take none offence that they proceed no farther , and professe themselves well satisfied with their civill sanction ; so one of the learned commissioners of scotland hath said , in the name of the rest , in these words , if they shall in a parliamentary and legislative way establish that thing , which is really , and in it self agreeable to the word of god , though they doe not declare it to be the will of iesus christ , they are satisfied . ob. if there were no purpose to put down tithes by such as are in authority , how commeth it to passe that the anabaptists are more bold in london to take up a publique contestation against them , then the presbyterians to make apology for them ? for did not one mr b. c. an anabaptist manage a dispute against mr w. i. of chr. and after that undertake another upon the same argument against m. i. cr. and offered to proceed in it against all opposition , which m. cr. durst not doe , upon pretence of a prohibition from authority ? ans. . it is no strange thing for men who have a bad cause to set a good face on it , and to make out with boldnesse and confidence what is wanting in truth of judgement , and strength of argument ; this is observed of the papists by a judicious authour , whom he sheweth to have been forward in the offers of disputation with iterated and importunate suits for publique audience and judgement . and bellarmine reporteth out of surius , that io : cochleus a great zealot for the papacy , offered to dispute with any lutheran upon perill of his life , if he fayled in the proof of his part of the question● . for the boldnesse of the anabaptists at this time , and in this cause , and this city , there may be divers conjectural reasons in particular given thereof , besides the generall already observed ; as , . because they advance in their hopes of a toleration of their sect ; and to promote that hope they have been so ready to engage in military service , with a designe no doubt to get that liberty by force ( if they be able ) which by favour of authority they cannot obtain . . for this matter of tithes , they might be more forward to oppose their tenure , because it is a very popular and plausible argument , wherein they might have the good wils of the people , that they might prevail , and their conceits that they did so , ( though they did not ) because they would be very apt to beleeve what they vehemently desire may come to passe ; and it is not to be doubted but a dram of seeming probability will prevail more with most worldlings to spare their purses , then an ounce of sound reason to put them to charges . . they might take some encouragement to dispute against tithes in this city , because there is a project to change the maintenance of the ministers set on foot by many worthy , and well-minded citizens , which yet in truth makes nothing for the anabaptists opinion , who would have ministers maintained by meer benevolence ; for the citizens , as they intend a more liberall allowance then the former , ( since they see many of their churches are destitute of ministers , because their ministers have been destitute of means ) so they mean that it shall be certain , setled by authority , and not left arbitrary to the courtesie of men . . for the two disputes , the one managed betwixt m. w. i. and m. b. c. the other purposed betwixt m. i. cr. and the same b. c. but disappointed , it makes nothing at all for the taking away of tithes ; for as touching the former , they who were not possessed with prejudice , or corrupted with covetousnesse against the truth , were much confirmed in the lawfulnesse of such rates as are paid in london under the title of tithes , though indeed they are not tithes , and of such onely was the debate at that time . for the intended debate which was to be touching the divine right of tithes , though some godly and prudent men thought it should not have been taken in hand without the warrant of publique authority , yet they made no doubt but that the truth of the cause , or ability of the man , who undertook the defence of it against m. c. would prevail unto victory . but for the disappointment , it was by the warrant of the lord major of the city , to them both , interdicting the dispute , which was both without m. i. cr. his knowledge , and against his good will ; yet he obeyed the prohibition , and when his antagonist insisted , and urged the performance of what was agreed upon , notwithstanding the contrary command of the lord major , his answer was , that it was agreeable to the anabaptists principles to disobey authority , but not according to the principles of presbyterians . and lest b. c. should take it for a token of distrust in his cause , and make it an occasion of vain-glory , either against the cause or person of m. i. cr. he proposed the printing of m. b. c. his arguments against tithes , and engaged himself to answer them in print , and so to refer both to the judgment of al unbyas●ed readers , which was the best way to give clear and full satisfaction to such as doubt on which side the truth is swayed by the most authentick testimony and soundest reasons . it is no part of my task for the present to argue farther for tithes , then may answer the doubt you have proposed to me , which is , of the parliaments purpose and proceedings touching the establishing , or abolishing of them . animadversions upon the late pamphlet intituled , the countreys plea against tithes . yet that you may not be scrupled in conscience ( as you were in conceit ) by a new petty pamphlet against payment of tithes , which perhaps may come to your hands ; i will give you some animadversions upon it ; which may also be of use to others as well as to you . the title of the booke is , the countryes plea against tithes , with this addition , a declaration sent to divers eminent ministers in severall parishes of this kingdome , proving by gods word and morall reason , that tithes are not due to the ministers of the gospell ; and that the law for tithes was a leviticall law , and to endure no longer then the leviticall priesthood did , &c. wherein the authors say much in the outside , but make no answerable proof in the inside of the booke . they direct it in the title page as a declaration to divers worthy ministers in the kingdome , and in the beginning of the body of the book they present it as a joynt declaration of the people of severall parishes for their opinion concerning tithes , as a reply to certaine papers from some ministers , pretending to prove tithes due by authority of scripture . it had been faire dealing if they had printed those papers of the ministers , that it might appeare how well they had answered them . but for the confident contradiction of the divine right they alledge , . the novelty of them in the christian state . . the ceremoniality of them , as being meerely leviticall . . the inequality of them in severall respects . . the trouble of them to the minister . for the first ; they referre the originall of them under the gospell , for the author , to pope vrbane ; for the time , to the three hundredth yeare after christs ascension ; and for proofe of both , they cite origen , cyprian , and gregory , at large without any particular quotation to find what they cite : untill which time , say they , there was community of all things among christians . but first , they should tell us which vrban it was , ( who they say began to bring tithes into use for the maintenance of the ministery ) for there were of that name , and of those ( if origen be a witnesse of it ) it must be vrban the first , anno who sate but yeares , & moneths , & there was not another pope called vrban untill the year . which was long after the latest of those three , viz. gregory , ( whether they mean greg. nazianz. or greg. nyssen , or gregory surnamed , ) the great , bishop of rome ; and if origen testified so much of tithes recalled by pope vrban , their originall must be ancienter then years after the ascenson ; for that vrban lived not beyond the year , and origen flourished anno . and if tithes began when christians gave over the community of goods , as these men say p. . in the name of tertullian , but bring no proofe of it , then had ministers a propriety in tithes as soon as others had a propiety of estate ; and sooner it could not be . and that which caused this community , the persecution of the church ( which reached to his age : for the next predecessor to that vrban , calixtus was a martyr ) might very well cause a suspension of tithes for all that time . . for the tenure of tithes ; there be disputable opinions : whether they be morall ; whether judiciall ; whether ceremoniall , ( there is a fourth conceipt that they are meere almes , which is imputed to wickleff in the session of the councell of constance ; but that admits of no dispute since it is repugnant to all appearance of reason . ) some hold them morall , as those ministers whom these men pretend to answer ; most of the canonists , marc. anton. de dom. de rep. eccl. l. . c. . zepperus in explic. legum forens . mos. c. . and many english divines . . some hold them judiciall , as bell. lib de cler. c. . . some ceremoniall , as these parishioners doe . there is the least reason for this last opinion . for tithes were taken as a tribute by god himselfe as the chiefe lord of all the earth , levit. . . whereby hee is acknowledged giver of all ; and that it is in his power to curse the earth with barrennesse , and to starve the creatures that live upon it ; and this is true of all ages , and therefore we reade of payment of tithes by abraham , gen. . . heb. . . and vowing of tithes by jacob , before the leviticall priesthood was established , gen. . . but sacrifices , say they , are ancienter then tithes , and were long before the ceremoniall law was ordained , yet they are not to be continued in the time of the gospel . true , because they were types of future things to be exhibited in the new testament , but tithes have no typicall intimation in their institution or use , being set apart by god for himselfe , and given by him as the wages to his servants for doing his work ; which he assigned to the levites for their time , and made them sutable to their state by peculiar ordinances , as num. . , . &c. levit. . . . . which expired with the priesthood , though tithes in generall did not ; and therefore such particulars are no more to be urged against that maintenance of ministers in the new testament , then the jewish observations of the sabbath against the keeping of a christian sabbath at this day . . for that they say ▪ of inequality in respect of impropriations , p. . in respect of tradesmen in townes and cities , who gaine more then farmers and pay no tithes , p. . and in respect of the losse which may befall the farmer , when he hath not increase to answer his cost and labour , ibid. for the two first , it is worthy consideration of those who are in authority how to reduce them to more equality . for the third ; the exception lyeth no more against tithes now , then in the time when they acknowledge them most in force ; and when it proveth an ill yeare with the plowman , it will be well for him to consider whether his unconscionablenesse in tithes have not procured a curse upon his portion , according to the commination in the third of malac. , . and lastly , for the trouble of the minister ; if he have but a little tithe , it will be no great trouble for him to order it , especially since he may lawfully exchange it into money . . if he have a great tithe , it will beare the charge of a servant to ease him of the trouble . and . if this inconvenience could not be avoided , ( as well it may ) there would follow farre greater upon the taking away tithes , such as before we have observed . with these exceptions against this revenue of tithes they have delivered something worthy the acceptation of ministers , which is p. . . it is the desire , say they , of al gods people ( & so it ought to be ) that the ministers of the gospell should have a sufficient maintenance allowed them , nay not onely a sufficient maintenance , but an abundant , a large and rich maintenance , such a maintenance as they may live liberally without any other imployment but the ministery ; nor is it fit or becomming christians that their minister should live in a meane condition either of diet or cloathing , but as he is more excellent in calling , so ought he to have a more large & better maintenance in those respects then others , for he feeding the soules with spirituall things , the word of god , the people ought to feed his body liberally with their base temporall things : and in the next page say they ; and is it not a shame for a rich and flourishing common-wealth to have a poore and bare ministery , either in the generall , or in some particulars ? & yet into such a condition have impropriations brought the ministery of this common-wealth in very many places . they conclude with an addresse to the high court of parliament for a reformation in this particular of tithes , p. . and herein we are content to meet them at the barre of that most wise , pious , and impartiall judicatory of the kingdome , who , as they have , so we doubt not but they will ratifie the ancient statutes , and their owne late ordinance concerning tithes ; and whatsoever their title be in respect of religion , the people may ( though ignorant zelots hold , and covetous worldlings pretend they may not ) pay them with good conscience , for the state may impose them for the maintenance of the ministery , as well as they may impose the ● part , or any other part they please , to maintaine a just warre , or to pay the debts of the kingdome ; and others may conscientiously submit to such impositions ; and hereto the most learned divines of the reformed churches doe agree , ( though the most of them , as they are mistaken in the true doctrine of the sabbath , so are they also in this question of tithes ) for albeit they maintaine their ministers while they live , and provide for their widowes and fatherlesse children , when they are dead , * yet they resolve it lawfull to pay the th to the popish priests , though they officiate in an idolatrous service , upon the command of the prince , of state under which they live . this may suffice for this little treatise , which , though little , if it had not been lesse in weight then in length , i would not have been so observant of the importunity of the printers calling for my paper , as to dispatch mine animadversions upon it in the short interim of one night , betwixt rising from supper and reposing for sleepe , which yet had been too much if most readers were not too readily prepared to entertaine any text that makes for their commodity , whether by acquiring advantage , or sparing expences . now for your secondary doubt concerning the disposall of your sonne , give me leave , sir , to give you my sence fully and freely in the case . . i see by you and him ( which i am sorry to observe , yet i feare it is like to prove too true in all ages ) that if there be not sufficient and certaine meanes allotted to the labourers in the lords harvest , he is like to have but a few workemen to undertake it , and goe through with it ; therefore those that julian-like , take away the hire of spirituall labourers , make way , as much as in them lyeth , for the marring of the harvest ; for either there will be a want of workemen , or of such sufficiency in them as may make the worke to prosper in their hands : hence is the miserable condition of the greeke church , living ( if not languishing ) under the dominion of the turkes , where their clergy as they are the meanest sort of men , ( like ieroboams priests , who though they were to serve in the house of high places , were the lowest of the people , kings . . ) so are they as despicable for their ignorance and meane qualifications every way as for their poverty , having no schooles of learning among them , and therefore more like either to poison or famish the soules committed to their charge , then to feed and nourish them with a competent measure of the sincere milke of the word , that they may grow thereby . . but i feare no such fayling of maintenance for ministers among us , as may occasion such a discouragement to parents that they should not be willing to dispose of their children in that calling , for feare they should serve christ upon such poore termes as the priests of isis did that heathen goddesse , who were not allowed a new suite untill the old was worn to ragges . . yet if that were true which you reade in the weekely pamphlets , or which you had by report , of the likelyhood of putting downe tithes by the parliament , i must tell you plainly as your friend , i like not your wavering touching the disposall of your sonne ; for if he be furnished with personall abilities for the service of the sanctuary , if he be ( as i hope he is ) a man of holy life and conversation , if he find himselfe inwardly moved by the holy ghost to enter into that holy function , it will be a greater sacriledge in you then robbing of the church of so much tithe as would maintaine him , to divert him from the service of christ , and salvation of soules , through distrust of the divine providence for his support . and therefore , . if i conceived you to be so carnall a father ( but i dare not thinke you are such a one ) i should turne my speech from you to your sonne , had i opportunity to speake with him , and exhort him not onely to serve christ , but to suffer for him , in the words of hierom to heliodorus , rather to tread upon you , if you should lye as a blocke in his way , then to make a stop , or to retire from following after christ , though in zeale and haste he should overtake the crosse ; for in such a case it is a kind of piety ( saith he ) to shew cruelty towards our chiefest friends . thus , as my little leisure would allow me , i have endeavoured to satisfie your desire in resolving your doubt , and i hope that i have written will reach a little further then you thought of , even to the settling of your resolution to dedicate your sonne to the service of our saviour ; and to serve him upon such tearmes whatsoever they be , as the divine providence in the condition of the times shall put upon him , and so you have my advice , and you shall have my prayers for you and yours . finis . an apology of the treatise de non temerandis ecclesiis . against a treatise by an unknowne authour , written against it in some particulars . by sir henry spelman , knight . also his epistle to richard carew esquire , of anthony in cornwall concerning tithes . london , printed by j. l. for philemon stephens , and are to be sold at his shop in pauls church-yard , at the signe of the gilded lion. . to the reader . the first treatise , de non temerandis ecclesijs , being published above thirty years agoe , there wanted not the approbation of the best and most religious men in behalfe therof : neither also wanted there one of a contrary humour , to oppose something : which though it be in such weak manner , as deserved not any just answer from so eminent a person , yet it pleased the learned knight , out of his care to instruct him and others , to shew the weaknesse of his reasons : and that not onely in this apology , but also in a more serious worke , his learned glossary , so much commended , and desired to be finished , by great princes and chiefe men , both at home and in forraign parts . the passage shall be here inserted for a more full testimony of the authors judgement , and of the weaknesse of the adversaries reasons . excerptum ê glossario domini spelmanni pag. . in voce ecclesia . ecclesia ] pro templo , seu domo , qua fideles conveniunt , ritus divinos celebraturi . lippis & tonsoribus 〈◊〉 ; adducor tamen ut asseram , quod sciolus quidam libellum nostrum de non temerandis ecclesijs , pro marte suo impetens , graviter mihi imponit , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ecclesijs dixisse hac significatione ▪ nec patitur vir bonus ut easdem , aedes appellarem sacras : ludibrio enim habet ejusmodi epitheton , locis vel aedibus attributum . carpsisset aequiùs , si ignotis ei vocabulis , basilicis , dominicis , titulis , curiacis , martyrijs vel similibus usus fuissem . sed doctrinam hominis & farinam videris . occurrit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apud graecos veteres , ut curia , & senatus apud romanos , non solùm pro caetu & congregatione , sed etiam pro loco in quem convenitur , ut ipsa lexica testantur . lucianus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. ubi ecclesiam ( scil . curiam in qua consultant ) undique stravero . perhibetur & apostolus , secundum plures interpretes , antiquos , medios , recentiores , hoc sensu dixisse . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ecclesiam dei contemnitis . liquide synodus laodicena , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i. e. in sanctissima ecclesia sanctissimae martyris ●uphemiae . tertull. lib. de fuga in persecut . sec. . conveniunt in ecclesiam : confugiunt in ecclesiam . augustin . epist. . quando ergo simul estis in ecclesia , & ubicunque viri sunt , invicem & pudicitiam custodite . hieronymus in esaiam cap. . videmus caesares , — aedificare ecclesias expensis publicis . & epist. . alij aedificent ecclesias , vestient parietes marmorum crustis , columnarum moles advehant , earumque deaurent capita , &c. fastidit in re tam nota olei tantum perdere ; clarum est ecclesiam idem esse christianis , quod synagogam judaeis ; & augustinum habes in eandem sententiam in psalm . . unde & priscus quidam . nobis ecclesia datur , hebraeis synagoga . plura si cupias , numerosa habeas exempla in burchardi de●retorum . lib. . qui de ecclesijs , inscribitur . besides also not to conceale the doubts and apprehensions of wiser and more learned men upon the argument , there was also a gentleman of eminent quality and learning , mr. richard carew of anthony in cornwall who was not satisfied in all points , with this treatise of sir henry , whereupon he wrote his doubts in some particulars unto him ; submitting much to his judgement . vnto whom for satisfaction , sir henry wrote a very pious epistle which shall here follow after the apology for satisfaction to the better sort , who sometime stumble out of private interest , or passion , as well as inferiour men . hoping that such will be easily corrected in their opinion as mr. carew was , being a gentleman ennobled no lesse in regard of his parentage and descent , then for his vertue and learning , as cambden testifieth of him in his britannia . * the apology . this apology cleareth some passages , as , . touching the word ecclesia , which signifies either a materiall church , or the congregation of the people assembled . . an explication of the text of esa. . . my house shall be called the house of prayer . . the place of the apos●le , cor. . . despise ye the church of god ? . the exp●sition of the . psalm . a●ainst such as destroy churches , and the maintenance of them , and the ministers . . the number o● churches spoil● amon● us . coming to my worthy friend sir ralph hare , and lying a while idle there , i thought that idle time fittest for some idle worke , and disposed my selfe therefore to give some answer to such passages of this treatise , as the author at his pleasure hath very idly if not maliciously taxed me in . but being far from my books , and having not so much as that treatise of his by me , or any note out of it , i shall no doubt forget , mistake , omit , and misplace many things . wherein ( good reader ) i must entreat thy patience and favour . it being brought unto me , i ranne over divers leaves thereof , wherein i met multa verba , nulla verbera ; but judging therefore the author by his worke , i thought neither of them worth the answering : himselfe , as it seemeth , some rude naball delighting in contentions and uncivill speech : wherein i will not contend with him , onely i will consider of his reasons , though indeed they are such as will shew him to be a weake adversarie qui strepit magis quàm sauciat . and therefore though i sit safe out of his dint , yet will i let the reader see , how vainely he bestoweth his shot , and how farre from the marke . as for the parts of my booke wherein i labour as he saith , to prove tithes to be due ●ure divino , and his answers thereto , my purpose is not here to medle with them , for that they require a more spacious discourse then either that volume admitted , or i now meane to enter into , it being not a private question , betweene him and me , but long controverted by greater clerks ) and left to this day as questionem vexatam non judicatam . the truth is , the course of my argument lead me upon it , and i therefore produced some arguments tending to the maintenance thereof , but referring the point unto a greater work , and forbearing to declare my selfe therein , without ample and more laborious examination of so great a controversie : leaving therefore that as a generall cause , whereof he may perhaps have more another time , i will here wage my selfe against him onely in those things , wherein he chargeth me particularly in my owne person ; and passing over amongst them such snatches of his , as scarcely ruffle the haire , i will onely meddle with those parts , where he thinketh he biteth deepest . first , he quarrelleth with me about the title of my booke , in that i use the word ecclesia for a materiall church , or ( as in contempt he termeth it ) a * stone-house : affirming in his learning , that it signifieth onely the congregation : which assertion if he could make good , would give him a great hand in the cause , for that much of his argument following lieth very heavily upon this pin . surely if i guesse right some dictionary hath deceived him , for perhaps his reading reacheth not so far , as to resolve him herein : but if two thousand authorities be sufficient to defend me withall , i speak it without hyperbole , i assure my selfe i could produce them . who knoweth not how ordinary a thing it is , to have one word signifie both the persons , and the place : as civitas , the citizens , or towne ; collegium ▪ the society or house ; senatus , the senators , or senate house ; synagoga , the assembly , or place of assembly . i am sure he will confesse , that where it is said , he loveth our nation and hath built us a synagogue : it is not there meant of the persons , he built them a congregation , but of the place . a synagogue , and ecclesia , signifie both one and the same thing , the congregation , or place of congregation ; in which sense we christians notwithstanding use onely the word ecclesia , for our congregations , and houses of prayer , for that the jews had taken up the other word , for their ● ratories , according to an old verse : nobis ecclesia datur , hebraeis synagoga . and in this manner was the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used amongst the greeks before the christians borrowed it from them , as it appeareth by some of your lexicons , where it is said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , caetus , concilium , congregatio , &c. ponitur etiam pro loco ipso in quem convenitur . lucianus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i. e. ubi curiam ( in qua consultant ) undique stravero . and that the church hath ever since used it in the same sort shall by and by appeare , when we come to insist more particularly upon this point . faine would i know what himselfe would call one of our stone-churches , in latine . templum , savours of judaisme ; and if i should have used a word of the ancient fathers , and said , de non temerandis basilicis , curiacis , or dominicis , it may be i should have driven him to his dictionary , and yet left him pusled . i thought fanum too prophane a word , but he perhaps would think it so much the fitter ; for a church , and a play-house seem a like to him . another of his quarrels is that i apply the place of isaiah the prophet , cap. . . my house shall be called an house of prayer , locally to places of prayer , whereas he saith , it was spoken figuratively of the congregation of the faithfull . i exclude not that sense , but i assure my selfe our saviour christ , when he whipt the sellers out of the temple , not out of the congregation , applied this scripture to the very place of prayer : and it is questionlesse that the old and late classicke writers so expound it . some quotations here were intended out of ancient and moderne authors , which though i could easily supply , yet being loth to adde any thing to the originall copie , i leave it to the learned reader to consult the commentators , which is easily done . againe it much offends him , that i interpret the words of saint paul cor. . . despise ye the church of god ? as spoken of the materiall place , which after his manner he will also have to be onely understood of the congregation ; and had the word ecclesia no other signification , then doubtlesse he had obtained the cause . but obserue i pray , what i have formerly said touching that point , and then take into your consideration , the words of the apostle as they lye in that chapter . first in the . verse he saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . quando convenisti in ecclesia . for these be the very words , and how we shall english them is the question . whether when ye come together in the congregation , that is , in the assembly ; or when ye come together in the church , that is , in the place of the assembly . i confesse the words indefinitely spoken may beare either interpretation , and i condemne neither of them in this place . yet let us see which is more probable , or at least whether my trespasse deserves his reprehension . the apostle continuing his speech upon the same subject , in the . vers . goeth on thus : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : as if he should say , convenientibus igitur vobis in eodem ; leaving 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in eodem , spoken neutrally , and as it were , to be applied either to the assembly , or the place ; which to put it out of doubt , beza , and our english geneva translation doe adde the word , locus , a place , in a different letter , to declare the meaning of the apostle and read it accordingly : when you come together therefore into one place . so that now it is determined how the word ecclesia , or church , in the . vers . before going is to be expounded : and then joyne the words subsequent unto it , wherein the apostle complaineth of the abusing that thing , which before he spake of , and in reprehension of the abuse committed therein by eating and drinking ; he saith vers . . have ye not houses to eate , and to drink in ? or , despise ye the church of god ? where the very antithesis of houses , to eate and drink in , with the church of god doe still pursue the precedent interpretation of ecclesia for the place of assembly : as if distinguishing betweene places and not persons , he should have said , your houses are the places to eate and drink in , but the church is the place of prayer : otherwise he might perhaps have said , have ye not other meetings to eate and drinke at , but despise ye this holy meeting ? and i thinke it not without speciall providence , that the translators therefore did translate here , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ? an ecclesiam dei contemniti ? despise ye the church of god ? not despise ye the congregation of god ? for the word chyrche , coming of the german word kirken , and that of the greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth dominicum , or the lords house , & was in ancient times , as eusebiu● and nicephorus witnesse , the common name of materiall churches , doth to this day properly signifie the same : and we doe never use it for a particular congregation , but either generally for the body or society of the faithfull through a whole kingdome , or common wealth ; or particularly for the very place of prayer onely . this foundation being now laid upon the words of the apostle himselfe , let us see how it hath been since understood by the fathers , and doctors of the church , as well ancient as moderne . hieroms opinion appeareth already in my booke , and chrysostomes you shall heare anon . but this man despiseth the first , and therefore i am sure he will account as lightly of the second . a senate of fathers moves him not an haire : a right monothelite , he opposeth his owne onely will against them all . yet to satisfie some others , whose eares perhaps may be better in tune , i will cite one who for humblenesse of spirit , integritie of life , and admirable learning for the time he lived in , hath ever since been venerable throughout the world ; and no forreigner but our countreyman bede , who upon these words numquid domos non habetis ? — an ecclesiam dei contemnitis ? ecclesia ( saith he ) homines sunt de quibus dicitur ut exhiberet sibi gloriosam ecclesiam , hoc tamen vocari etiam ipsam domum orationum , idem apostolus testis est , vbi ait , numquid domos non habetis ad manducandum & bibendum ? an ecclesiam dei contemnitis ? & hoc quotidianus usus loquendi obtinuit , ut in ecclesiam prodire , ad ecclesiam confugere , non dicatur nisi qui ad locum ipsum , parietesque prodierit , vel confugerit , quibus ecclesiae congregatio continetur . but he will say that all this old wine savours of the caske , therefore we will spend no more time in broaching of it . taste of the new . peter martyr upon the place . quando convenitis ] potest ( saith he ) hoc referri ad locum qui unus omnes continebat , ita ut notetur corporalis conjunctio , &c. and then , an ecclesiam dei contemnitis ? potest accipi ecclesia ( saith he ) pro caetu sacro , vel pro loco quo fideles conveniunt , &c. si vero de loco intellexeris ( ut chrysostomus videtur sentire ) docemur contaminari locum ex abusu . vnde augustinus dicebat , in oratorio nemo aliquid agat nisi ad quod factum est , vnde & nomen recepit ; ad alia munera obeunda plateas & domus habemus . and complaining of abusing of churches he goeth on : at nunc templa deambulationibus , fabulis & omnibus negotiis prophanis toto die patent c. hristus flagello parato ex funiculis , ejectis ementibus , & vendentibus , templum dei repurgavit : and goeth still on in this manner much further . marlorat also a common and good friend to our preachers being well pleased with this exposition and invective of peter martyr , translateth it verbatim into his owne commentary upon this place ; and thereby delivereth it also to the world as his owne opinion . but come we now to that part of my booke which puts him most out of patience above all the rest , my application of the . psalme to such as destroy churches , and bereave them of their maintenance . this he saith , fitteth my matter as an elephants skin doth a gnat , yea it hath no cohaerency therewith either figuratively , allegoricall , or anagogicall . to retort his scoffe i might say , it seemeth , an elephant of absurdity to the gnat of his learning : but i desire rather to satisfie him ( si malitia non mutaverit intellectum ) then to disgrace him . it cannot be denied if there be a correspondency betweene the body of our church and common wealth , with the body of the church and common wealth of the jewes , the same must also hold proportionably amongst the members thereof , and in consequence that the passages of state , of government , of peace , warre , liberty , oppression , prosperity , adversity , and other occurrents either active or passive , must hold some aspect and analogy , one unto the other . and then also that whatsoever is denounced against the enemies of the one , trencheth comparatively against the enemies of the other . come then unto the matter . the prophet inveigheth against them that seeke to spoile , oppresse , or disturbe the church of god seated in india ; be it openly by war , or secretly by some stratagem of wit : doth not this thwart them also that attempt the like in our church ? yes , saith he , against them of the king of spaines armado in . and those of the powder treason , wherein the universall desolation both of the king and kingdome , church and common-wealth were not onely projected , but attempted by our enemies . but shew me , will he say , what hath the appropriating of a pelting parsonage , or the pulling downe of a stone-house , which you call a church , is unto this ? for the one is an elephant , the other but a gnatt . i answer . eadem est ratio partium quae est totius . and out of this reason and analogy our saviour christ argueth him that casteth but a lascivious looke to be guilty of the great commandement , non maechaberis , as well as him that committed the very heinous act it selfe : and then also that whatsoever the prophet denounceth against them that spoile the church in generall , the same descends upon every particular man , that spoileth the same in any particular part : as , omne genus praedicatur de omnibus & singulis suis speciebus etiam infimis & individuis . now that the taking up of these parsonages and defacing of places of publike prayer is a spoile of the church of god , appeareth in this , that the meanes and maintenance of the seruice of god , and of his ministers is thereby diminished , and destroyed , which subtraction of maintenance from the minister , god in malachi . . declareth to be a spoyling of himselfe , for that his seruice is thereby hindred , and his church impaired . and although this man affirmeth , that although there were never a stone-church or minister in the kingdome , yet the church , and service of god might stand well enough , for that every mans family is a church , and every master thereoftyed to instruct his servants , every father his children : yet by example of the church in the time of the apostles , we ought to have places of publicke prayer , and some to instruct these masters and fathers ; for the husbandman , the artisan , the day-labourer , are not commanded to neglect their vocation and turne preachers , as too many now adayes do . and though perhaps some such good men out of their devotion would preach now and then to instruct their brethren , yet who shall do it ordinarily , and where shall the assembly be entertained ; for every town hath not a guild-hall , a sessions-house , a cock-pit , or a play-house fit for such a multitude . and though they may , as he saith , serve god abroad with paul ; in a dungeon with ieremy , or on a muckhill with iob , yet heat or cold , wet or wind will hinder them at one time or other : so that doubtlesse it were very necessary to have a man , and a place publickly appointed for the service of god in every congregation . and then since this man cannot perform his office without maintenance , and such a place as we speake of , the taking of them away puts him from doing his duty , deprives his parishioners of their instruction , and then by consequence spoyles the church of god ; and so the curse of the psalme lyeth justly against them . but let us now take a view of the gnat he speaketh of , and which he contemneth so much in respect of the smalnesse thereof . had there been but three or foure of these livings taken from the church , his fancy might have had the more colour , to use such fond applications : but if it cometh to three or foure hundred , it groweth now beyond the size of a gnat , what shall we then say of . livings , or appropriate parsonages , thus taken from the church , which is more by . then the halfe of all those that remaine , and within . as many as them all : for the churches not appropriate are but . through all england and wales . so that the parishes of the churches appropriate containe neare about the one halfe of the kingdome , which is more , if hierome in his epistle to dardanus ( as i take it ) deceive me not , then twice so much as all the land of iudea , though we reckon the kingdome of israel into it , but many times more then the kingdome of iudea , which conteined but the two tribes onely that stucke to god ; and of whose times this psalme seemeth to be a prophecie . and thus ye see both the gnat and the elephant that he speaketh of , though i mean not to propose them to you by way of comparison , but discover his intemperance or want of judgement . but to support his credit with a broken prop , it may be he will say , that upon the appropriating these churches and transferring of them to the king , there was a provision left in most of the parishes for a vicar , or curate to do divine service there , and that nothing was taken from them but superfluity : so to keepe them in diet , and bridle their immoderate luxurie , which he proclaimeth to be so exorbitant as scarcely all england , and virginia to boot , can satisfie . lord blesse us ! is it possible that our church-men should become so monstrous ? or hath shimei thus railed against the body of them without his perill ? i hope much better of their temperance , then of his tongue : but i leave them to make their own apology , for i have digressed beyond my purpose , and therefore will spend no time in discoursing upon the provision made for vicars and curates in these churches appropriate . he seemeth to be of micahs mind , that ten shekels , or a matter of foure nobles a year , besides diet and a suite of apparell is a faire maintenance for one of our ministers . in which point i have else-where declared my selfe at large , and will not therefore here insist upon it ; onely this i would know of him , what surplusage , or superfluity there could be to give unto the king , or take from the church , when besides the maintenance of the ministers , much was to be disposed by them in relieving the poore , and other pious uses . henricus spelmannus richardo suo careo viro praestanti sal. p. d. mansuctudinis tuae prorsus est ( vir eximie ) ut hominem me pa●ui , & ignotum , tanta benevolentia amplecterere . quanquam enim secundum honorum vocabula quae fastus mundanus jam obtinuit , equestris dignitas major sit armigera ; in multis tamē spelmannlis minor est careo . nec me certe pudet hoc liberiùs profiteri , cum magnus ipse sic edocuit augustinus ; & episcopus licet ▪ presbytero cessit hieronymo . placent equidem & literae tuae , & tua omnia ; placent seria , placent joci , in nomine verò meo quae egregia benignitate lusisti non possum in tuo ( multò illustriori ) retribuere . palmam igitur cedo , & quod graecis olim , in caria sua gente admirati sunt , nos in carea nostra gente agnoscimus : ingenium splendidum , bellarumque intentionum faecundissimum . deus bone ! quantum in nomine , & ominis & numinis ? cariae gentes ( inquit herodotus in clione ) omnium quae illis temporibus claruerunt ingeniosissimae erant . an fatale hoc careo nomini ? etiam in alio orbe , & post tot saeeula ? quin & seni ? non equidem invideo , miror magis : sed quem laudas authorem ? an non deus hanc tibi prae caeteris copiam fecit ? nec sola haec sed concomitantia inulta elargitus est . quid ergo respondit simon , ( luc. . . ) interroganti domino , quis plus diliget , nonne is , inquit , cui plus do●avit ? recte . nosti quae volo . si divina clementia tantas tibi indulserit benignitates ? perpende sedulo , quantis tu amoris , muneris & obsequii vinculis tenearis . bona haec omnia in te congessit bonus hic dominus , animi , corporis , fortunae : tunc in ipsius familiam hostis accingeris ? quin & ab ecclesia sua praedam referes ? o utinam fortis in re meliore fuisses . sed in hoste probitatem agnosco ; video enim vacillantem te quasi , & de militia ista dubie cogitantem . laudo . at sanum illud consilium amplectere , quod omnium judicio probatissimum habetur , è dubiis certius tene , nec periculis caput objicias : hoc est , omnino te non immisceas rebus sacris & deo dicatis , hoc porro tutissimum . vides rem non leviter litigatam à doctissimis : vides patres , concilia , omnemque theologorum scholam , graviter hos insectari , qui in res ecclesiae utcunque involaverunt . esto quod de decimis dissentiant , an sint de jure divino ? in isto tamen non consentire solùm , sed & conjurasse plane omnes videatur , deo dicata surripi non posse in exitium ecclesiae . quid autem est ecclesiam excindere si hoc non sit ? panem tollere ministrorum , quin & sine noxa ? at ecclesiam ( aies ) in hoc connivisse ; episcopos conspirasse ; parliamentaria ipsa comitia herculano nodo rem conclusisse , & sanxisse ? sanxisse dicam ? imo deum testor quaenam sit sanctitas in ista sanctione . sed de re summa , summa cum humilitate . nosti quàm lenis sit ecclesia , tunicam subtracturo , pallium etiam dimisit . mat. . num auferre igitur haec liceat innocenti ? dicant corvi . in eo autem cum salutis spem omnem sacramque ipsam posuisti anchoram ; id tandem revolvas animo , quinam hi essent episcopi , & quoti ? valerentne suis suffragiis procerum laicorum multitudini ( qui spe haec omnia devoraverant ) repugnasse ? taceo technas , dolum , insidias , quae in tranfigendo negotio forte non defuerant . sed esto ecclesiam laeta fronte haec omnia concessisse ; certe eatenus cum baronio ( ascanio cardinali respondente ) in sententiam ivero , ecclesiam nihil posse in se statuere , hoc est , in suam perniciem . idem enim est & se abnuere , & ministros suos non alere . nam in primis catalysis illius legibus , nihil statutum est de ministrorum alimonio : mel abripitur , sed nec loculi relinquuntur , nec alveus . etiam ejiciuntur tam apes , quàm faci , nulla omnino habita examinis ratione . hoc justum dixeris ? concilio certe tum lapsum est , quod in caeteras itemque regni ecclesias non grassatum sit . quid enim emeruit ecclesia petri , ut suis juribus potius privaretur quàm pauli ? quid ecclesia unius populi magis quam aletrius ? à neutris enim peccatum est . ecce aenigmatis solutionem . viatorem duplicem furibus eripuimus ; liberum hunc adhuc , sed illum vinctum : de utroque statuimus ( misericordes ) ut invenimus . emancipatur liber , perpetuo carceri addictus est vinctus . siccine nos edocuit ( luc. . ) samaritanus ? sic fidem nostram apud deum tuemur ? jurarunt sane hi omnes , jurarunt , inquam , nostri majores , reges , proceres , parliamentariae ipsae celebritates , hoc est , regnum integrum , omnisque populus , non suo solum sed & nostro , & nepotum nostrorum nomine , interpositis etiam horrendis execrationibus nulla se unquam temporum aeternitate , haec ecclesiae surrepturos . quis obsecro nos liberos faciet ab his vinculis ? quis audax orator causam hanc apud deum aget ? an flocci pendeas ? cave ne fidem , quam apud me splendidam habes illico labefactes . si beati rechabitae , qui nuda ipsa patris sui mandata observaverunt , an non maledicti nos , qui non singularis unius , non privati cujusdam parentis mandata contemnimus ? sed quos dixi horum omnium fides , sanctiones , vota , juramenta , pertinaci quasi improbitate perfringimus , violamus , mandataque nepotibus anathemata , in fingulorum capita tanquam ex desiderio pertrahimus , cum refractariis judaeis dicentes , super nos sint , & natos nostros . vereor insanos nos ( uti judaeos ) non discernere quae ex his nobis proveniunt calamitates . deum enim putemus nec mortalium curare vota , sed nec perfidiam : quid si lex una repentina , ter dena concilia , senatus-consulta totidem , omnium patrum decreta , una explosione disruperit ? adeone in ea sic inhaerendum est ut ne in judicium , ne in examen vocetur ? non cogitabo equidem quod in tridentinum concilium solus ausus est & satis faeliciter chemnitius . sed iniquas leges peccanti saepe populo irrepere novum non est ; etiam in poenam alias à domino immissas esse , ut scriptum est , dabo ijs leges quae non sunt bonae . mihi autem videtur , cum de abolendis monasteriis cogitaret senatus ille consultus ( anno . henrici octavi ) nihil etiam tunc in animo habuisse de tollendis parochialium decimis praedijsve : sed de his tantum egisse quae ipsis caenobiis inherebant : vel si quis id in cornu haberet faeni , latuisse hoc opinor sanctos patres qui concilio aderant : in illo enim actu ne verbum quidem de parochianis decimis nec de ecclesiis , praediisve parochialibus . sed nec de ipsis ( quas vocant ) appropriatis . cum verò in vulgus jam exiisset actus ille parliamentarius , caeperintque omnia demoliri , & vi eripi , è jurisconsultorum prodiit interpretatione , ut praeda haec etiam in casses regios redigeretur . partita ergo ea demum inter regni nobiles , necessariò tandem habitum est , ut subalternis legibus corroboraretur . sed quò me rapiet fili hujus deductio ? disrumpendum certe est , ne ulterius trahar in labyrinthum . putarem incaepturus silentii veniam ( verbo uno aut altero ) à te exporasse ; quod in rus vocatum , itineris me cura jam sollicitat ; quandoquidem vero neque brevis est ( dum redeam ) via , sed nec tempus ; haec interea nobis excussit amor erga te noster fusiùs multo quàm cogitarem . academici autem nitoris nihil in nostris paginis disquiras , oportet . commune enim illud ( quod scribis ) mihi tecum est . cantabrigia ( miserum me ) mater exuit cum . aestates non salutaveram , trajectoque celerrime lincolniensi hospitio , in patrium solum adolescens revocor . gravibus hinc inde implicitus negotiis privatis , ( nec à publicis liber ) ter rapior in hiberniam . quod reliquum fuit vitae spatium , domi satis aerumnose exegi , denuò otii desiderio captus londinum tertio hinc anno veni : pace vero mihi videbar exoptatissimâ fruiturus , qua musarum limina ex voto delibarem . sed en ! nova in me rerum tempestas , nova litium moles , inopinatè proruit ; qua luctantem adhuc varieque agitatum , nescio quousque detinuerit . poetae autem illud teneo , — dabit deus his quoque finem . habes vitae nostrae compendium ; & ( quam vides ) magnam amoris effusionem donec aliis tuis ( per literas ) quaesitis respondero . sancte & faeliciter vale . londini , . septemb. . a treatise concerning impropriations of benefices , cum privilegio regali . the preface . to the king our most gracious sovereigne lord , francis bigod knight , his humble and true faithfull subiect , and daily oratour , wisheth daily augmentation and increase of grace and honour . i did not perfytly know ( most gracious , most christen , and most vyctorious prince ) how that amonge all other vertues , that the vertuous gyftes given by grace only , throughe the goodnes of almighty god , of the incomparable gyfte of gentlenes and humanite , did so habundantly , accumulately , and so manifestly possesse and reigne in your noble and princely hart , till that now it appeareth manifestly by your exterior noble acts and deedes ; for els undoubtedly i would not only have bin ashamed so to attempt rudely , foolishly , and rather presumptuously to trouble and disquiet such an imperyall majesty , with this my rude and barbarous writing , in the hinderance of your godly and spirituall studies , with which your highnes taketh such intollerable paine : as well to set forth the mere syncere and new glory of god , as also the establishment , quietnes , and unitie of this your christen comen welthe . but also in my owne conceit and opinion calling to remembrance my great and manifold insufficiency in learning , to write unto so mighty and famous a prince i should even by and by have disallowed mine owne behaviour in that behalfe , and judged my selfe worthy of blame . but now considering most benigne soveraigne lord , how much all your subjects be imperpetually bound to laud , praise , and glorifie almighty god , to send unto us so christen a kinge to have rule and governance over us your subjects , by whose great and inestimable diligent labour , charge , study and paine , we be delivered from the hard , sharpe , and x. m. times more than judicyall captivity of that babylonicall man of rome to the sweet and soft service , yea rather liberty of the gospell . i can for my part no lesse do , then to present to your grace somthing thereby to declare how gladly i would give thankes to your highnes , for such proofs , as i among others have received by this said benefit in our deliverance which act is of it selfe so highly to the great peace , unyte and welth of this most noble empyre of england , that if there were non other cause but that only we were bound to and with all our diligence and industry to study , labour and devise how this benefit exceeding all other , might world without end be extolled , praised , and made immortall , and to receyte how much the furtherance of gods glory is by the same act set forth and advanced , my learning ne yet wytte will not serve me . yet i dare boldly afferme , pondering and considering depely the effect and circumstance of this matter , this act is no lesse worthe then well worthy to be set in the booke of kings of the old testament , as a thing sounding to gods honour , as much as any other history therein conteyned . but what should i attempt or goe about to expresse the condigne and everlasting praises and thankes , which your majesty hath deserved of all your hole cominalt for the benefites before named , unlesse i would take in hand like an evill workeman which by reason of his unperfectnes in his science should utterly staine and deface the thing he would most earnestly and diligently shew and set forthe . i will therefore most excellent emperor of this realme , set all this aside , and shew to your grace the cause of my enterprise , for so much as i perceave that all your gracious proceedings are onely driven and conveyed to the most highe , just , and sincere honour of almighty god ▪ the publique welth , and unity of all christendome , most especially of this your most noble realme of england , it hath animated and incouraged me according to the small talent of learning that the lord hath lent to me to put your grace in remembrance of the intollerable pestilence of impropriations of benefices to religious persons , ( as they will be called ) some to men , and some to women , which in mine opinion is a thing plainly repugnant to the most holy and blessed decrees and ordinances of almighty god , and highly to the extolling , supporting , and maintenance of the usurped power of the bishop of rome , as your majesty shall perceave in reading of this little treatise , which your grace not being offended , i shall ever , god willing , be able justly to defend , and also stop the mouthes of them , that shall say and abide by the contrary , and that not with mine owne words , but with authorities of holy scripture . and further i doe most humbly upon both my knees beseech your imperiall majesty , that unto such time , as this my little book be cleerly confuted by like holy scripture and authorities , as i have approved the same , that it may safely goe abroad under protection of your gracious and redoubted name . and for the prosperous preservation of your most royall estate , of your most noble and vertuous queene , of your deere daughter lady princesse , daughter and heire to you both , ( according to my most bound duty ) i shall daily pray , my life enduring . sir francis bigott knight of yorkshire wrote this treatise : whereof this preface i received from sir henry spelman , but the rest of the book , i could never yet finde , thoughe it be mentioned by severall authors , bale , hollinshead , and lately by sir richard baker in his history . it seemes to have bin written after the kings breach with the pope , his marriage with anne bolen , and the birth of queen elizabeth : as i conjecture by circumstances . his purpose was chiefly bent against the monasteries who had unjustly gotten so many parsonages into their possessions . it is much desired that if any man have the rest of the book , that he would please to communicate the copy , that hereafter , as occasion serves , it may be published compleatly , together with some other things of this argument , that the learned knight hath committed to my charge : but by reason of the present troubles i cannot now attend to prepare them for the presse . as for sir francis bigott himselfe , he was found afterwards active in the troubles of yorkshire , that happened in . h. . and being apprehended among others , was put to death , . h. . as our common chronicles doe report . baleus saith of him . franciscus bigott ex eboracensi patria auratus eques , homo natalium splendore nobilis , ac doctus , & evangelicae veritatis amator , scripsit contra clerum . — de impropriaribus . lib. . quosdam item latinos libros anglicanos reddidit , inter seditiosos tandem , anno domini , invito tamen eo , repertus , eadem cum illis indigna morte periit . to the right reverend fathers and brethren , the bishops and ministers of scotland . i have caused this little treatise ( right reverend and beloved in the lord jesus ) to be printed againe in north-britaine , for many causes : first , because i was informed , that there came forth , but a few copies at the first printing thereof in south-britaine : againe , i hope this doing will incite that worthy knight , the authour thereof , quicklier to send out the greater worke , which he promiseth of that same argument ; but principally to incite you , whom these matters most nearely doe concerne , to look into them more advisedly , then as yet ye have done : it was a private occasion , as that worshipfull gentleman sheweth , that led him to this writing : you have a publique , whereof it is pitty you are so little moved : who seeth not the state of the church of scotland as concerning the patrimony to go daily from worse to worse ? sacrilege and simony have so prevailed that it beginneth to be doubted of many , whether there be any such sinnes , forbidden by god , and condemned in his word ? neither can you deny the cause of this evill , for the most part to have flowed from your selves : your selling and making away of the church rights without any conscience , the buying and bartering of benifices , with your shamelesse and slavish courting of corrupt patrones , hath made the world thinke , that things ecclesiasticall are of the nature of temporall things , which may be done away at your pleasures : and where at the first it was meere worldlinesse that led men on those courses , now a great many to outface conscience , and delude all reproofes , they stand not to defend that lands , tithes , yea whatsoever belonged to the church in former ages , may lawfully be alienated by you , and possessed by seculars : which opinion must either be taken out of the mindes of men , or need you not looke to have these wicked facts in this kinde unreformed : to this end should all ecclesiasticall men labour to informe themselves , as well by the word as by the writings of ancients , and constitutions of councels , touching the right and lawfulnesse of ecclesiasticall things , that when they are perswaded themselves of the truth , they may the more effectualy teach others . there is no impiety against which it is more requisite you set your selves in this time : for besides the abounding of this sinne and the judgement of god upon the land for the same , who doth not foresee , in the continuance of this course the assured ruine and decay of true religion ? of all persecutions intended against the church the julian was ever held to be the most dangerous : for occidere presbyteros , is nothing so hurtfull , as occidere presbyterium . when men are taken away , there is yet hope , that others will be raised up in their places : but if the meanes of maintenance be taken away , there followeth the decay of the profession it selfe : men doe not apply themselves commonly to callings , for which no rewards are appointed ; and say that some have done it in our dayes , some out of zeale , and some out of heat of contention , yet in after-times it is not like to continue so ; neither let any man tell me , that a minister should have other ends proposed to him , then worldly maintenance . i know that to be truth , yet as our lord in the gospel , hoc etiam oportet facere , et illud non omittere . speaking of payment of tithes to the pharisees : it behoveth them , saith he , to be paid : if not , it is not to be expected , that men will follow the calling . to rest upon the benevolence of the people , as it is a beggarly thing , and not belonging to the dignity of the ministery , so the first maintainers of that conceit have found the charity of this kinde so cold , that they will not any more stand by their good-wills , to this allowance . therefore it lieth upon you to foresee the estate of your church , and either in this point of maintenance to provide that it may be competent and assured , else looke not for any thing but ignorance and basenesse , and all manner of mischiefes which flow from these , to invade the whole kingdome . how a competency may be provided , except by restoring the church to her rights , i doe not see ; and what this right is , if i should stand to define , and justifie it here , i should exceed the bounds of an epistle . many of this time have cleared the point sufficiently . and if any scruple be remaining , the worthy authour , i hope , will remove it in the greater worke we expect : whose judgement and dexterity in handling the argument , may be perceived by this his little pinnace . it should shame us of our calling to come behinde men of his place , either in knowledge , or zeale . his example who is nothing obliged , to labour in these points , as you are , shall doe much , i trust , with you , for the time to come . should any look carefuller to the vineyard then the keepers ? or should any out-goe the servants of the house in diligence ? repent therefore and amend your owne negligence , in this behalfe , and call upon others for amendment , whilest you have time . thinke it not a light sin , to spoile gods inheritance ; and if we look for heaven , let us be faithfull to our lord here on earth . i beseech god to give us all wisdome , and keep us in minde of that strict account , that we must one day give for all our doings , and chiefly these which concerne the church , which is his body . amen . i thought good not to omit this epistle to the clergy of scotland , prefixed before this edition at edenborough , presently after the first impression here ; both because it proceeded from a pious intent of the authour , who it seemes was very well affected , as also because he sheweth the concurrence and approbation of the best religious in that kingdome , where sacrilegious practises have invaded that church , more violently , since the dayes of reformation , and cleare light of the gospel , then ever was done in the darkest times of popery . rolloc a grave and learned divine of scotland hath ( besides master knox and others ) , in his commentary upon dan. . & . discovered his judgement against the sacrilegious practices of his time , and countreymen , reprehending them sharply , for taking to their owne use and profit , all that was pulled from the church : and doth severely cite them to answer it before the tribunall of god : which though they neglect and contemne , yet ( saith he ) they shall be made inexcusable thereby . master knox not long before his death , wrote to a generall assembly holden at sterling , . august . and his letter is among the records of that assembly , out of which it is also published , with many other records of parliaments , and assemblies there holden in the compasse of sixty years , in a declaration lately of the church of scotland . the mighty spirit of comfort , wisdome , and concord remaine with you : deare brethren , if ability of body would have suffered , i should not have troubled you , — &c. — but now brethren , because the daily decay of my naturall strength threatens unto me certaine and sudden departure from the misery of this life , of love and conscience i exhort you , yea in the feare of god , i charge and command you , that you take heed to your selves , and to the flock over the which god hath placed you pastours . to discourse of the behaviour of your selves i may not , but to command you to be faithfull to the flock , i dare not forget . unfaithfull traytours to the flock shall ye be before the lord jesus , if that with your consent , directly or indirectly ye suffer , unworthy men to be thrust into the ministery of the church , under what pretence that ever it be . remember the judge before whom ye must make an account , and resist that tyranny , as ye would avoid hell fire . this battell i grant will be hard , but the second part will be harder , that is , with the like uprightnesse and strength in god , ye gain-stand the mercilesse devourers of the patrimony of the church . if men will spoile , let them doe it to their owne perill and condemnation ▪ but communicate ye not with their sinnes of whatsoever state they be , neither by consent , nor yet by silence , but with publique protestation make this knowne to the world , that ye are innocent of such robberies , which will , ere it be long , provoke gods vengeance upon the committers thereof , whereof you will seeke redresse of god and man. god give you wisdome , strength and courage in so just a cause , and meane happy end . knox. saint andrews . . august . . notes, typically marginal, from the original text notes for div a -e ll. h. . c. . notes for div a -e ennius . tim. . . numb . . . ll ad confess . in prooem . westminst . . esay . . if these things had not been primarily due unto god , by the rule of his word , yet are they now his , and separate from us , by the voluntary gift and dedication of our ancient kings and p●cdecess●rs . spelmans first treatise , § . & cap. . inf . dominicum aureum . nobilissimum antiochiae templum à constantino m. inceptum , sub cons●antio verò absolutum ; & hoc epitheto prae excellentia honoratum ▪ insigni . episcoporum populorumque confluentia ejus encaeniam ce●●●nte , hieron . in chronico . in antiochia do●●●●icum quod vocatur aureum , aedificari coeptum . et infra mox . antiochiae dominicum aureum dedicatur . glossar . spelman . pa. . cyrill describing a church of constantines building in jerusalem , ●als it , ( cat. . ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a church all adorned , and embossed with silver and gold . eusebius reporting of the spacious and beautifull church of tyre , which was built anew by the famous b. p. paulinus says , the lustre and splendour was such , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as made beholders amazed to behold it . l'evesque de winchester case , fol. . ezek. , &c. cap. . in epist. ad philip. tom. . edit . savil. m. nettles , pag. . in epi philip edit . decimae philippo regi francorum in oppugnationem saladani mahometani principis concessae erant . hujusmodi etiam obtinuit rex angliae richardus . ut testatur matth. paris . in anno . & ab exemplis istis posteri saepe reges . annatas , sive primitias , bonifacius papa beneficiis ecclesiasticis primus imposuit , circa annum . sunt tamen qui hoc inventum iohanni . ascribant : hanc autem consuetudinem omnes admisere , praeter anglos , qui id de solis . episcopatibus concessere , in caeteris beneficiis non adeo . platina . hodie fisco penduntur non tantùm ex episcopatibus , verùm etiam ex beneficiis quibuslibet ecclesisticis , annui valoris . marcarum , vicariisque . lib. nec minores sane , quàm unius anni fructus integri , juxta tabulas regias aestimandos . glossarium spelm. in annatis . tom. . concil . britan. exod. . . numb . . , . no tribe but the royal tribe of juda had so many cities allowed to them : as jos. . & num. . & . a pitiful wonder it is to see learned men alledge such reasons : as sir james sempil saith , p. . concil . valentin . anno . com. . tom. . concil . nonae ] quas pii ex propensiori in deum animo dabant , ultra decimas . quod plurimis l● . allatis probat & explicat . glossar . dni . spelm. in mat. . plerique arbitrantur maximum esse signorum , quod lazarus est suscitatus : quod caecus ex utero lumen acceperit : quod ad iordanem vox audita sit patris : quod transfiguratus in monte , gloriam ostenderit triumphantis : mihi inter omnia signa , quae fecit , hoc videtur mirabilius esse , quod unus homo , & illo tempore contemptibilis , & in tantum vilis , ut postea crucifigeretur , scribus & pharisaeus , contra se saevientibus , & videntibus , lucra se destruisse , potuerit ad unius flagelli verbera , tantam ejicere multitudinem , mensasque subvertere , & cathedras confringere , & alia facere , quae infinitus non secisset exercitus , igneum ei quiddam atque sydereum radiabat ex oculis ejus , & divinitatis majestas lucebat in facie . hieron . in m pler ▪ tra● 〈◊〉 notes for div a -e prov. . . for himselfe . esay . . . wisd. . . ecclus. . . deut. . . ecclus. . . . . . notes for div a -e crr. . . edit . . joh. . . mar. . . luk. . . joh. . . dist. . . . ●abe●at . hi●ron . in vita marci . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. temperantia , continentia , mo●estia . in vita pii . strigelius in leg . lib. . pag. . codin . p. . suidas . apud euseb. l. . ca. . cor. . . lib. . de vita contemplativa . epist. ad nepotianum . note . acts . , . . num. . . . exod. . . * praecepit eis ●● unaquaeque generatio ministraret deo per dies octo , à sabbatho usque ad sabbathum . joseph . antiq. l. . cap. . p. . * eos verò qui erant de germine mosis , eminentiùs honoravit ; fecit eos autē custodes thesaurorum dei , atque vasorum quae reges deo dicare contigerit . antiq. l. . c. . pag. . iudices autem populi & scribas eorum . antiq. l. . c. . p. . note . chron. . chron. . . chron. . gen. . . erant ni●ilominus ea tempestate sacrdotes , nec dum adhuc à lege ordinati , sed naturali s●p●entia h●s requirente & perficien●e . l. . in iob p. . in gen. . . v● non gentes ex iudaeis , sed iudaei ex gentibus sacerdotium acceperint . ep. ad euagrium . tom. . p. . tom. . . august . de consens . eu. tom. . . a. . . . . numb . . . . . conc. laodicen . c. . when there shall be a place which the lord god shall chuse to cause his name to dwell there , thither shall you bring all that i command you ; your burnt-offerings and your sacrifices , your tithes and the offerings of your hands and all your speciall vows , which you vow unto the lord , deut. . . these things were not respited till then , but appointed that then also they must bee performed ; for it is also said , exod. . . when yee shall come into the land which the lord shall give you , — then ye shall keep this service , i. e. of the passeover ; which was done , ios. . . but yet i take this to be discharge of it in the mean time . quaerc . * many affirm that he was at rome . metaphrastes and some other that he was here in britannia : petri igitur muneris erat ut qui jam complures orientis provincias praedicando euangelium peragrasset , jam ( quod reliquum esse videbatur ) lustraret orbem occidentalem , & usque ad britannos ( quod tradunt metaphrastes & alii ) christi sidem annuncians penetraret . baron . tom. . f. . l. . metaph. die . junii . tim. . . though the levite be said , chron. . . to teach all israel , yet it seemeth not that they expounded the word of god unto the people , or had it in charge so to doe , but that they īnstructed them how to carry themselves in their sacrifices & ceremonies : therefore jerome translateth this place , levitis quoque ad quorum eruditionem omnis israel sanctificabatur domino . for which cause the latines used the word decimare & exdecimare , to choose and cull out the principall things ; and our own english word , tithe , importeth as much : for it commeth of the saxon teoð , i. e. the tenth , which is a verball of teo , that signifieth to take out , as if it should admonish us that the tithe or part given to god must bee a choice or principall part . in sum . de deci . §. . v. vocab . vtrius . jur. in verbo decima . raymundus . . . . . . * multis aliis atque aliis numerorum formis ( quaedam similitudinum ) in libris sanctis seponuntur ▪ quae propter imperitiam numerorū legentibus clausa sunt . de do●tri . christ. lib. . de abraham patriarch . l. . mat. . . mat. . . mar. . . luke . . joh. . . decima omnia complectitur . bullinger in ● . heb. lib. de . praecep . sol . , . & seq . quid si numero isto denario universitas regū significata est ? de c. d. lib. . . decima hora : numerus iste legem significat quia in . praeceptis data est lex , in cap. . evang. joh. tract . . to. . serm. . de verb. domini in evang. mal. ser. . tom. numb . . . tom. . fol. . chro. . . lib. . lib. . pharsal . . in agamem . cic. in verrem . satis amplum ex se ad librum conficiendum praebet argumentum . phil. de . praecep . quia omnia dei sunt ▪ per quae vivit , sive terra , sive ●lumina , sive semina , vel omnia quae sub coelo ●unt , aut super coelos . de re●ti●ud . cath. convers . tra●t . tom. . antiq. iud. l. . ca. . de rectitud . cath. convers. tom. . sustulerunt dominum , at non servum . gen. . . heb. . v. . nehem. . . deut. . . the tenth of bullocks and sheep , and all that goeth under the rod commanded , lev. . herodot . clio. lib. . f. . livy li. . pliny l. . c. ▪ melpont . l. . f. . thalia l. . f. ● . note . in ranis . decimas nupeius extortas per papas . caal . test . ter primo impositas in concil . per pelagium papam anno . damas. p● ▪ patrim . adiit , an. . hoc . confirm . con. hispalens . tom. . et approbat . p●r gualter . & hospinian . de origin . honorum ecclesiae , ca. . p. . de nat . deo. l. . quis scribit in cordibus hominum naturalem ●egem nisi deus ? aug. des●rm . domini in monte l. . instit. l. . c. . calv. i●st . l. . c. . it seemeth this law of nature is tearmed by moses the law of god , for he saith , i declare the ordinances of god , and his laws , exod. . . when as yet the law was not given : and before , ca. . . if israel will hearken to his commandements and keep his ordinances , c. . . exod. . & ● in the hebrew text it is indefinite which of them gave tiths to other ; therefore the iews say melchisedek gave it to abraham , but the holy ghost in the . to the hebrews explaineth it , that abraham gave them to melchisedek . codomannus saith in the year . some other count it above . melchised . dei sacerdos , solymorum quam civitatem postea : hierosolymam vocarunt . ios. antiq. l. . c. . hieron . in ep. ad euagr. et in loc . heb. lyra in gen. . joh. . . so that melchisedek prefigurated the whole priesthood of christian religion , and abraham the whole laity ; therefore chrysostome saith , considera quanta sit excellentia nostratis sacerdotii quandoquidem abraham patriartha iudaeorum progenitor levitarum comperitur benedictionem accipere à melchisedec . orat . advers . iud. sed ita paulus ipse . superbia vitae , concupiscentia carnis , hypocrisis , ava●●tia vel concupiscentia oculorū . hugo . multo post futurum domini sacramentum an●e signavit , ac sacrificio panis & vini mysterium corporis & sanguinis expressit . p. to. . . c. ministravit iste melchisedek abrahamo & exercitui xenia , & multam abundantiam rerum optimarum simul exhibuit , & super epula● eum collaudare coepit & benedicere deum qui ei subdiderat inimicos . jos. antiquit. l. . c. . no fis● , as though the curse extended not to the sea . liv. ● . ● . non ideo nobis proponi exempla justorum , ut ab eis justificemur ; sed ut eos imitantes , ab eorum justificatore nos quoque justificari sciamus . aug. lib. de catechisand . rudibus . tom. . f. . perkins dem . problem . . singulae paen● syllabae , &c. spirant coelestia sacramenta . tom. . paulin● epist. not to reap every corner of our field , nor to gather our fruit clean : not to keep the pledge that belongeth to the person of our brother . largissime nimis . neque herculi quisquam decumam vovit unquam si sapiens factus esset . cic. de nat. deor. apologet. c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lib. . satur. . hujus rei cura non levis in latio — nam flamen dialis auspicatus vindemiam , et ut vinum legere jussit agna ●ovi facit . varro . in . aeneid . in phoc. oeconom . . xenophon ▪ xen. hellen. l. . pag. . pag. . pag. . lib. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . tom. con. pag. . for the sheriffe and bishops were in those days , the kings justices in every county , and all matters were heard and decided before them . v. rastals abridg . de sta●tit . confirm at . sentenlia lata super chartas . vid. pupil . oculi . part . . cap. . eccles. also . , . orat. de basilic . tradend . p. . . heb. . . and to encourage them in the service of god. chron. . . esay . . exod. . . . . jer. . . nemo non sancti●icatus faciat . phase . nu. . . hac ceremonia sublata , manet festum . plowd . . dier howd . . manwood in this part of his power w. . made appropriations of parsonages , which otherwise he could not doe . coke p. . f. . object . § . § . dier plowd . . manwood , ib. . l. . § . § . neol . fossard dedit an . . aldwino abbati de ramsey , viz. deo , &c. ecclesiam de bromham & terram ad duas carrucas & decimas trium villarum , & de duobis molendinis & totā decimam de propria aula . liber ms. ramsey pag. . § . § . § . § . h. . c. . this parliament begunne . octob. and ended . decemb. fox p. . col. . l. . a parliament of . bishops , &c. to undoe . generall councels happily not halfe . discipline in genere , according to the primitive church , not in specie as they use it . delegibus . orat. in m. anto● . per servos , per vim , per latrocini●m . vi. na. br. . s. . jus perfectum cum possideatur in promiss imperfectum dum non possideatur promiss . doct. & stud. li. . . . s. . a. § . rom. . . pet. . . oportet nos ex ea parte quae ad hanc vitam pertinet , subditos esse potestatibus , i. homininibus res humanas cum aliquo honore administrantibus . in li. expos . quarundum propositinum , ex ep. ad rom. ep. l . c. . propter solennitatem sp. s. diaconi dalmaticis induantur . idem decr. p. distinct . . de jejunio . wi●lasius r●x merciorum subditus ethelwolphi regis west-sax . coronat . ingolf . . l. . nec aliquis episcoporum in dioecesi collegā suum supergrediatur . con. carthag . c. . burchard li. . ca. . notes for div a -e a erbury at oxford and cox at london . b sleydan comment . l. . fol. . a c ibid. d bonorum quoque communion● & humanitati cum primis esse consentaneam , & ut ex dignitate sunt omnet aequales , & ex conditione libere & promiscuè omnibus bonis ut untur . ibid. fol. . prope sinem . e quo factum est , ut vulgus ab operis atque labore desisteret , & quâ quisque re careret ab aliis qui abundabant etiam invitis acciperit . ibid. see also l. . princip . a promittebat auxilium quo viz. impiis interfectis , novi substituerentur principes & magistratus : namà deo sibi mandatum esse profitebatur ( scil . muncerus ) ut sublatis illis constitueret novos ibid. b sathanas sub evangelii praetextu multos hoc tempore seditiosos & planè sanguinarios ex citavit doctores . sleydan comment : l. . fol. . see more of their doctrine l. . principio . and of their doings in the following discourse of the author of the same booke . a vitario perpetuum stipendium quinque marcarum statuitur , nisi in partibus aliquibus walliae ubi minore contenti sintd . lindwood constitut . l. . de offic . vicar . fol. . p. col . . in textu & fol. . p. col . . sed in glos . lit . g. augmentatio facta est ad marcas , sed tamen alii qui no● sunt contenti sine decem marcis ; & revera marcae non sufficiunt ad hospitalitatem & alia ibid. in glos . lit . g. b see polt abridg . edict . londin . . p. . petit. petit. answ. petit. answ. petit. answ. petit. answ. * gavelkind is a custome anciently observed in kent , whereby the land of the father is equally divided among all his sons , or the land of a brother equally divided among his brethren , if he have no issue of his own , this was so common a custome as appears by the stat. in the . year of h. . ca. . that there were not above or persons in kent that held by any other tenure ; but anuo h. . ca. . many gentlemen upon petition got an alteration thereof . object . answ. a smoke p. . b quod ecclesiae resormatae adhuc in side tinitatis cum papistis conconveniret . bell. praesat . in lib. de christo , tom. . secund controvers . general . p. . c smoke p. . d numb . e in veteri lege primitiae debebantur sacerdotibus , decimae autem levitis , & quia sub sacerdotibus levitae erant , dominus mandavit ut ipsi loco decimarum solverent summo sacerdoti ▪ decimam decimae , unde nunc eadem ratione tenentur clerici summo ponti fici decimam dare si exiger et . aquin . . q. . a. . ad . soto . inst. q. . art . . ad . . lo●in . in num. . . p. . f polyd. virg. hist. l. . g anno h. . c. . poult . abridg . p. . h ibid. c. . p. . obj. i sir ▪ ed. coke in his second report in the archb : of can. his case . f. . b. and so the authour of the foregoing learned work. answ. longa possessio ( sicut jus ) parit jus possidendi & roll it actionem vero domino . bract. l. . fo . . m. gillespie his brotherly examination of m. colemans serm. p. , . sir ed : sands europ . specul . p. . obtulit se ad disputandum ●um quovis lutherano sub poena capitis si in probationibus defecisset . bell. ce eccles. script . p. . quod valdè volumus facilè ●redimus . tom. . concil . p. . decimae sunt pura eleemosyna , & parochiani possunt propter peccata suorum praelatorum , ad libitum suum auserre eas ▪ concil . constant . session . . tom. . concil . p. . col . . artic. . object . answ. * cujus legis ( scil politicae ) vi nec ipsi fideles reformati denegant solvere decimas , in regnis illis , in quibus subjiciuntur . principibus qui illas lege solvendas sanciunt ; qua ratione etiam à theologis responsum fuit nonnullis qui s●●upulo conscientiae se teneri praetendebant , ne pontificiis ecclesiasticis solverent decimas , qui idololatriae sunt ministri . d. riv●t . exercit . in genes . exercit. . p. . col . ● . g. sandys his travailes l. . p. . vincent . charter . de imag. deor. licet in limine pater ja●eat , per calcatum perge patrem siccis oculis ad vexillum crucis evola . hieron . ad heliodor . tom. . p. . genus pietatis est in hac re crudelem esse . ibid. notes for div a -e cor. . . * in cornwall . notes for div a -e * steeple-house . ☞ dordanus . notes for div a -e note . notes for div a -e note . a caution against sacriledge: or sundry queries concerning tithes. wherein is held forth the propriety, and title that ministers have to them, the mischiefs which would ensue if tithes were brought into a common treasury, and ministers reduced to stipends. the danger of gratifying the petitioners against tithes, and all imposed maintenance. and something of the spirit and end of their actings. collected, and composed by the one that hath no propriety in tithes, and humbly tendred to this present parliament. clarke, samuel, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a caution against sacriledge: or sundry queries concerning tithes. wherein is held forth the propriety, and title that ministers have to them, the mischiefs which would ensue if tithes were brought into a common treasury, and ministers reduced to stipends. the danger of gratifying the petitioners against tithes, and all imposed maintenance. and something of the spirit and end of their actings. collected, and composed by the one that hath no propriety in tithes, and humbly tendred to this present parliament. clarke, samuel, - . [ ], p. printed by abraham miller for thomas vnderhill at the anchor and bible in pauls church-yard, near the little north door, london : . 'one that hath no propriety..' = samuel clarke. 'the propriety, and title .. end of their actings.' is bracketed together on the titlepage. annotation on thomason copy: "july. .". reproduction of the original in the british library. eng tithes -- early works to . clergy -- legal status, laws, etc. -- early works to . a r (thomason e _ ). civilwar no a caution against sacriledge: or sundry queries concerning tithes.: wherein is held forth the propriety, and title that ministers have to t clarke, samuel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion a caution against sacriledge : or , sundry queries concerning tithes . wherein is held forth the propriety , and title that ministers have to them , the mischiefs which would ensue if tithes were brought into a common treasury , and ministers reduced to stipends . the danger of gratifying the petitioners against tithes , and all imposed maintenance . and something of the spirit and end of their actings . collected , and composed by one that hath no propriety in tithes , and humbly tendred to this present parliament . rom. . . thou that abhorrest idols , dost thou commit sacriledge ? london , printed byabraham millerforthomas vnderhillat the anchor and bible inpaulschurch yard , near the little north door , . certain queries concerning the propriety and right of the ministry of england to tithes . . whether the ministry of england hath not as good a propriety in tithes , as noblemen , gentlemen and free-holders have in their lands ? the reasons of this query are , . because ethelwolph sonne of king egbert ( who had brought the saxon. heptarchy into a monarchy ) had all the lands in england for his demesne , as is acknowledged by sr edward cook in his commentaries upon littletons tenures , and conferred the tithes of all the kingdom upon the church , by his royal chartar dated anno . in these words , king ethelwolph , by the consent of his prelates and princes which ruled in england under him in their several provinces , did enri●h the church of england with the tithes of all his lands and goods by his charter royal , &c. adding in the end , that who so should encrease the gift , god would please to prosper , and encrease his daies : but if any should presume to diminish the same , that he should be called to an account for it at gods judgment seat , &c. and this he did , not only as lord paramount , but as proprietary of the whole land , the lords and great men at that time having no property or estates of permanency , but as accountants to the king , whose the whole land was , and yet they also gave their free consents , which the king required that thereby they might be barred from pleading any tenant-right ; as also to oblige them to stand in maintenance of tithes against all pretenders . . because the people can have no right , or propriety in them ; for they never bought or paid for them : neither could they come by inheritance ; for that which was not their fore-fathers could not descend to them : neither came they to them by donation , which they can never shew . . whether it be agreeable to piety , prudence , justice , and equity to alienate tithes from the ministry , which have been so freely given by our own christian kings out of zeal to advance gods glory , confirmed by many acts of parliament , oft-times renewed , and reitered , as by magna charta thirty times confirmed , and many other statutes since , yea by the text , and body of the common law , which affirms tithes to be due jure divino , as sr edw. cook testifies in the second part of his reports . . whether the inconveniencies and evils can possibly be foreseen , which will ensue upon the alteration of such fundamental laws of this nation , as have continued in force through all changes for above a thousand years together ? tithes have been given to the church for maintenance of gods word and ministers , with a curse to all such as should alienate them . . whether it is agreeable to piety and prudence , to pull them from god , to rend them from his church , to violate the dedication of our fathers , the oaths of our ancestors , the decrees of so many parliaments , and to expose our selves to those horrible curses which the body of the nation hath obliged it self to , in case they consented to the alienation of the same ? as n●hem . , &c. . whether it be not more then probable that the ministry hath had a propriety in the tithes in all christian churches , ever since christians had a propriety in their estates ; since origen , and tertullian , who lived not much above two hundred years after christ , tell us , that the community amongst christians was not wholly ceased in their time , and yet where it was , the tithes were paid ? . whether it be not sacriledge to alienate tithes from the church , having been dedicated and consecrated unto god , either by the voluntary consent of churches , or by donation of princes ? seeing what is voluntarily consecrated by man , is confirmed by god , and may not be alienated , lev. . , &c. which law is the same under the gospel , as appears in the example of annanias , act. . . whom peter arraignes , and god condemns , for this very sacriledge . why hast thou ( said peter ) kept back part of the price of the land ? whilest it remained ( viz. unsold ) was it not thine own ? and after it was sold , was it not in thine own power ? viz. to have consecrated , or not consecrated it , vers. . and annanias hearing these words , fell down and gave up the ghost . . whether it is not against the light of nature , and custom of all nations , to disannull the will of the dead ? gal. . . brethren , i speak after the manner of men , though it be but a mans covenant ( or testament ) yet if it be confirmed ( viz. by the death of the testator ) no man dissanulleth it , i. e. no man ought to disanull it . therefore tithes having been given by testament , confirmed by the death of the testators , is it not against the light of nature , and custom of all nations to alienate them ? heb. . , . for a testament is of force after men are dead . . many impropriations having been restored to the church by godly noblemen , and gentlemen , and others having been bought in and setled in the most legal way that could be devised upon the ministry ; is it not against all justice and equity to take them from the church again ? and will it not discourage all men for the future from works of piety and charity when they see them thus perverted ? . whether it be not more then probable that there was a positive precept given by god to the fathers for the giving to him the tenth part of their substance , as he had formerly required the seventh part of their time ? and whether do not the examples of abraham and jacob so readily giving their tenth , evince this ; or without such a precept , had it not been will-worship in them ? and do not such positive precepts ( if unrepealed ) binde all to the end of the world ? as we see in the case of the sabbath . . whether tithes , as an honouring of god , be not enjoyned in the first commandment ? as they tend to preserve the publike worship of god , in the second and fourth commandement ? and as maintenance to the persons of ministers , in the fifth commandement ? being part of the honour due to spiritual parents . . whether tithes can be called antichristian , which were paid long before antichrists time ? and when antichrist [ the popes of rome ] were the first that durst take upon them to alienate them from the church , by granting exemptions , appropriations , &c. thereby robbing the church and parish ministers , to gratifie the monks and fryers ? and whether alexander of hales and thomas of aquin. ( who lived about four hundred years ago ) were not the first that pleaded for these alienations made by the pope ? and whether they were not the first that to justifie the popes proceedings , pleaded that tithes were jewish ? whether these scriptures do not concern christians , as well as they did the jews ? prov. . , . honour the lord with thy substance , and with the first fruits of all thine encrease : so shall thy barns be filled with plenty , and thy presses shall burst out with new wine . prov. . . it is a snare to devoure that which is holy , and after the vow to make enquiry . prov. . , . remove not the old land-mark , and enter not into the field of the fatherlesse : for their redeemer is mighty , and he shall plead their cause with thee . and sr edw. cook saith in his institutes , our law-books teach us , that the church is ever understood to be under age , and to be a pupil and fatherlesse : and that it is not agreeable to law or right that such should be dis-inherited . mal. . , , , &c. will a man rob god ? yet ye have robbed me : but ye say , wherein have we robbed thee ? in tithes and in offerings . ye are accursed with a curse : for ye have robbed me , even this whole nation . bring ye all the tithes into the storehouse , that there may be meat in mine house , and prove me now therewith , saith the lord of hosts , if i will not open you the windowes of heaven , and pour you out a blessing , that there shall not be room enough to receive it : and i will rebuke the devourer for your sakes , and he shall not destroy the fruits of your ground , neither shall your vine cast her fruit before the time in the field , saith the lord of hosts : and all nations shall call you blessed : and ye shall be a delightsome land , saith the lord of hosts . . whether those texts in the new testament do not prove , that to gospel-ministers belongs as large , if not larger maintenance than to the levitical priesthood , as their ministry is more excellent , and the blessings conferred thereby are greater . luk. . . the labourer is worthy of his hire . cor. . . have we not power to eat and to drink ? ver. , &c. or i only and barnabas , have not we power to forbear working ? who goeth to warfare any time at his own charges ? who planteth a vineyard and eateth not of the fruit thereof ? or who feedeth a flock , and eateth not of the milk of the flock ? say i these things as a man ? or saith not the law the same ? for it is written in the law of moses , thou shalt not muzle the mouth of the ox that treadeth out the corn . doth god take care for oxen ? or saith he it altogether for our sakes ? for our sakes no doubt it is written : that he that ploweth should plow in hope : and that he that thresheth in hope should be partaker of his hope . if we have sown unto you spiritual things , is it a great thing if we shall reap your carnalthings . ver. , . do ye not know that they which minister about holy things , live of the things of the temple ? and they which wait at the altar , are made partakers with the altar ? even so hath the lord ordained , that they which preach the gospel should live of the gospel . gal. . . let him that is taught in the word , communicate to him that teacheth in all good things . phil. . . not that i desire a gift , but i desire fruit that may abound to your account . tim. . , . let the elders that rule well be counted worthy of double honour , especially they who labour in the world and doctrine . for the scripture saith , thou shalt not muzle the ox that treadeth out the corn : and the labourer is worthy of his reward . . whether to speak of a sufficient maintenance without tithes , be not a meer fancy , that never was , nor ( as i believe ) ever will be brought into action ? and whether it would not trouble the wisest men that are , to name a stipend that would be sufficient at all times , as tithes are ; which proceeding from the wisdom of god , cannot be matched , much lesse betterd by mans wisdome ? . whether be not tithes the fitrest maintenance for the ministry , seeing hereby they partake with the people in times of plenty , which will more inlarge their hearts in thankfulnesse ; and suffer with them in times of scarcity , which will more affect them with sense of gods judgments ? for that when natural affections concur with spiritual , they are more active and vigorous . . whether the practice of the heathens , which used to give a tenth to their gods , will not rise up in judgment against christians , if they rob god of the tenth which their predecessors have given to him ? . whether the judgment of so many eminent divines as have held it sacriledg to alienate that from the church which was once consecrated to god , should not lay a restraint upon all men from practising that which is so hazardous and scandalous ? that it is sacriledge , is the judgment of calvin , polanus , kickerman , perkins , with many others . . whether all or most of the arguments bent against the morality of tithes , do not equally militate against the morality of the sabbath ? as dr sclater hath shewed in his parallel in the end of his book of tithes . certain queries concerning bringing tithes into a common treasury , and reducing ministers to stipends . . if tithes should be brought into a common treasury , and ministers paid out thence , whether would our countrey-men that say tithes are such an intolerable burden , be any whit eased ? yea would they not be more burdened by how much their tything would be looked more narrowly into ? . would not the trouble of ministers be far greater , being enforced to send , or go from market to market for every bushel of corn or mault , &c. that he spends in his house ? . if a dearth come , would it not tend to the ruine of many ministers families , who will be for ced to spend more in a quarter then they receive for their half years allowance ? . if things should rise in the price the next hundred of years as they have done the last , how shall ministers be then able to live upon these stipends ? . how many officers must there be imployed in every county to bring the tithes into a common treasury , all which , either in whole or in part , must be maintained out of them ? and how will this curtail the ministers share ? . what attendance must ministers give quarterly , or each half year , upon the trustees , or treasurers in every county , till they have list or leisure to pay them ? what trouble , journeys and expences will this put them to ? how will they be enforced to bribe , and pay for expedition , or to be fobbe● off with base and clipt money ? or be forced to take wares for their money , if the treasurers be tradesmen ; as many have been served of late in the case of augmentations ? . will not ministers hereby be cast upon ten●ations , to speak only pleasing things ( like trencher-chaplains ) lest their stipends should be taken from them ? . can it be expected that ministers can or will be so liberall to the poor , and given to hospitality , when they buy all with the peny , as when they have it in tithes ? . will not such as bear the bag , and upon whom the ministers must depend for their subsistance , lord it over them with pride and contempt enough ? as bad , or worse then the bishops and their chancellors did ? . though such as are of the best repute in each county , should be chosen out to be the treasurers , yet do we not see by daily experience , how men are mistaken in judging of the honesty of others ? and how many men fall from their former principles of honesty ? and that if neither of these should be so , yet how apt standing waters are to putrifie . . if contentious suits have been between ministers and people about tithes , hath it not for the most part arisen from the peoples covetousness , pretending customs , prescriptions , or compositions , to defraud the ministers of their due ? . were not patrons at the first made choice of , to defend the ministers right against the fraud and injustice of the people ? and may not the wisdome of the parliament finde out the same , or some such like course , whereby the minister shall neither be engaged in contentions with his people , nor troubled with avocations from his study thereby ? . may there not arise as many or more quarrels , in case tithes be brought into a common treasury , whilest some pretend conscience , and so will pay none at all ; others think themselves over-rated ; others think that the tradesman , who gets more by his shop than they do by the plough , should bear an equal share in this common burden ? and who then shall take course to enforce such to pay ? if the treasurers in the country , surely they will prove but cold solicitors in anothers cause . but suppose they do stir , they must spend out of the common stock ; and such suits being like to be many , especially in such times as these , how will the ministers stipends be curtailed thereby ? besides , may it not be supposed , that they which spend of other mens purses , are like to cut large thougs out of others hides ? . if the countryman shall pay a rate in money for his tithes , will it not come far more hardly from him ? even like drops of bloud , money being usally very short with them . and will he not think it far easier to part with a cock of hay , or a sheaf of corn , or such a small thing , than to part with so much money as his whole tithes may come to , once or oftner in the year ? and how little will he think himself eased hereby ? . if tithes be brought into a common treasury , when a living is worth two , three , or perhaps four hundred pounds by the year , a great part of it will be disposed to other places , and will it not certainly be a great grief to the people , that their tithes shall go to they know not whom ? certainly to such as neither feed their souls with the bread of life , nor their bodies with the staff of bread ? and will not their poor want that relief , and themselves that entertainment , which they used to have at their ministers house , to the aggravation of their discontent ? certain queries concerning our late petitioners against tithes , and an imposed maintenance . . vvhether have we not cause to suspect , that those persons which petition against tithes and an imposed maintenance , are acted by jesuites , who cunningly creep in amongst them , seeking hereby to overthrow the english ministry , which hath so strongly opposed them , both by word of mouth and wri●ings ? and the rather , because of that scottish jesuite , who lately turned anabaptist , and upon examination at newcastle confessed that he was sent over for that end . and osterweeke a great agitator , went here under another name , who in his romish pontificalibus did lately officiate at the mass publickly in dunkirk , as the printer hereof can prove ; besides some other like examples which might be easily produced . . whether can such petitioners be rightly stiled the godly and well-affected of the nation , who strive hereby to bting the greatest judgement upon the nation that ever did , or can possibly befall it ? viz. a samine of the word , amos . , &c. and the removing of our teachers into corners , isa. . . . whether have we not cause to belieye , that the far greatest part of the gentry , yeomandry and commons of the land that have tithes to pay , are desirous to have them continued to the ministry : seeing so many thousands of them out of a few counties , have formerly petitioned for the same , and the city of london of late . and no doubt but many thousands more out of every county would do the like , if they had the least encouragement thereunto . . whether if tithes were wholly taken away , would the generality of the people be at all eased , seeing both purchasers and tenants must pay so much the more for their land ? . whether can we imagine that the parliament , that hath so often and lately declared to the world , that they will be exceeding tender of every ones liberty and property , will now so soon after , take away the propriety of all the ministry of england at one blow , to the ruine of so many thousand families for the present ; to the discouragement of parents from bringing up their children to the work of the ministry for time to come , and so to the endangering of the removal of the gospel from amongst us . . whether would not these petitioners ( if tithes were removed ) cry out and complain as much of the tyrannicall oppression and burden of rents , as the anabaptists in germany did , and so never be quiet till they have levelled all things ? . whether all persons , whose eyes are open , do not clearly see , that the actings and motions of many persons of all ranks , doth demonstrate that the jesuites rules for reducing england to popery are prosecuting ? * and whether it be not the duty of all worthy patriots , especially the honourable members of the parliament , to oppose such a damnable design with their wisdome and power ? and all the godly party of the land to stand in the gap , by improving their interest in heaven , for the stopping of popery , and the upholding the gospel-ministry ? — si non prosunt singula , mult a juvant . finis . notes, typically marginal, from the original text notes for div a e- see s. hen. s●e●mans counc●ls anno . . orig. hom. han num. cypr. epist. . this also is justified by bellarm. de clericis , l. . c. . instit. . c. ● . cor. . , &c. i have good information that there are lately come over . iesuites that have their frequent meeting in london to drive on this design . * see the iesuites ●irections translated in baxters preface to his holy commonwealth : and also the preface to dailles apology for the reformed churches , by thomas smith , printed at cambridge , . the true ministers living of the gospel, distinguished from the false ministers living upon tithes and forced maintenance. with a word of reproof (preceding the distinction) to the ministers of the nation, whose kingdom is already shaken and divided against itself. and the iniquity and antichristianism of that ministry which is upheld by forced maintenance, briefly discovered according to the scriptures of the old and new testament. in a brief reply to a book stiled, an answer to a quakers seventeen heads of quaeries, by john bewick, who calls himself a minister of the gospel, and rector of the parish church of stanhop in weredale in the county of durham. whitehead, george, ?- . this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w ocn this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) the true ministers living of the gospel, distinguished from the false ministers living upon tithes and forced maintenance. with a word of reproof (preceding the distinction) to the ministers of the nation, whose kingdom is already shaken and divided against itself. and the iniquity and antichristianism of that ministry which is upheld by forced maintenance, briefly discovered according to the scriptures of the old and new testament. in a brief reply to a book stiled, an answer to a quakers seventeen heads of quaeries, by john bewick, who calls himself a minister of the gospel, and rector of the parish church of stanhop in weredale in the county of durham. whitehead, george, ?- . naylor, james, ?- . bewick, john, d. . an answer to a quakers seventeen heads of quaeries. p. printed for thomas simmons at the signe of the bull and mouth near aldersgate, london : . signed at end: "g.w. j.n." w on reel lacks all after page . cf. wing ( nd ed.). reproductions of originals in: henry e. huntington library and art gallery (reel : ) and haverford college. library (reel : ). eng society of friends -- england -- early works to . tithes -- england -- early works to . a (wing w ). civilwar no the true ministers living of the gospel, distinguished from the false ministers living upon tithes and forced maintenance· with a word of re whitehead, george b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the true ministers living of the gospel , distinguished from the false ministers living upon tithes and forced maintenance . with a word of reproof ( preceding the distinction ) to the ministers of the nation , whose kingdom is already shaken and divided against it self . and the iniquity and antichristianism of that ministry which is upheld by forced maintenance , briefly discovered according to the scriptures of the old and new testament . in a brief reply to a book stiled , an answer to a quakers seventeen heads of quaeries , by john bewick , who calls himself a minister of the gospel , and rector of the parish church of stanhop in weredale in the county of durham . ye eat the fat and ye clothe you with the wooll , ye kill them that are fed , but ye feed not the flock , the diseased have ye not strengthened , neither have ye healed that which was sick , neither have ye bound up that which was broken , neither have ye brought again that which was driven away , neither have ye sought that which was lost , but with force and with cruelty have ye ruled over them , ezek. . . . london , printed for thomas simmons at the signe of the bull and mouth near aldersgate . . a word to the said iohn bewick and the rest of his brethren the hireling priests who are in his way . vvhither are you now run for a refuge and defence for your tithes and set maintenance ? doth all your old grounds fail you that formerly you have pleaded ? are you driven out of scriptures of christ and his apostles , out of all the law of god there , and out of law of nations and countreys , and would you now fly to melchisedek for help ? what is there no scripture command that will own you in your yearly stipends , and are you afraid of mens laws failing you , and are you now fled from all your former pleas , and think you to find help from melchisedek ? did you not formerly plead divine right , and told us by scriptures you would prove it , and then being driven out of all commands or examples in scriptures , then you pleaded the custome of the countrey , and national law , and by that in olivers time you took mens goods , and cast them into prison , and made havock and spoil abundantly , and then many of you would not plead scripture at all , but by custome and humane law you would have it ? and dare you no longer depend upon that , and dare you now think melchisedek will stand you in stead , or own you in your work and trading , any more then the prophets and apostles ? what are ye of the order of melchisedek now , who but a while ago must needs plead the order of levi ; and then when that order and your manners will not stand together , then you pleaded the order of the nations ; and now thou s. b. in thy book would make people believe that you are after the order of melchisedek , and that tithes was yours before they were given to levi , and that he had them but for a time by a special command , till you came , and then you were to come up after the order of melchisedek , and so you must now enjoy them for ever , &c. but now you must be tried in the light whether you be of that order or no , as well as you have been tryed with the order of levi ; and if you be found of his order , then we will grant you to have right to his maintenance , ( if you will be but content with it ) for we must needs think it meet , that children should inherit the right of their father ; so if you be melchisedeks children , you will do his works , which was to relieve the weary souldier with his own bread and wine ; so you may expect his reward , if they be free to give it you , as abram was of his spoiles ; for we never read that it was the order of melchisedeck to ravine about after outward things , nor sued people for hire , nor spoiled their estates , nor cast them into prison , nor any way sought after gifts or rewards , nor do we read that he ever required or received any yearly tythes of any people or parish , either ●●eaves , beasts , swine , fowls or the like , which was to relieve their families , from any creature , but as he was the priest of the most high god , not called nor made of men , so he was maintained by him , and not by men , and he was like to him that called him , a bountiful man , ready to give , ready to blesse , and to relieve others in their way , as appears in what he did to abram and his army in the way , he met them with bread and wine , and gave them freely , and asked them nothing again , and so he received freely tythes of abrams spoiles , but never can any of you prove that he had the tythes of abrams estate , stock , or tillage , nor ever demanded or sued , or took by force any part of any mans goods upon any pretence whatsoever . so here is melchisedecks order , if you be of it and his children , then you will own it , and it will own you , and we shall own it also in you ; and in this order we find him who was of that priest-hood , christ jesus , a priest for ever after his order , who to us is an example for ever , and all that walk contrary we deny , who said , it 's more blessed to give then to receive , who was bountifull in feeding others , but for himself he had not where to lay his head , this was after the order of melchisedeck , and all his are after him for ever , and therefore none of his ministers did ever require any thing for themselves but what was free , not coveting any mans gold , money , or apparel , nor ever in the least did mention tythes to themselves , or make any yearly bargain about carnal things whatsoever , but preached freely and received freely , or nothing . and this in scriptures we find to be the order of melchisedeck , and the order of christ and of his apostles , if you can receive it . but on the contrary , when we see a sort of men who never heard gods voice , running and enquiring who can get the greatest yearly stipend , tythes , or augmentation , and tearing peoples bodies and estates if they get it not , according to the havock that hath been made by the priests of this nation in these late yeares , this was never the order of melchisedeck , christ , or his apostles , nor the order of aaron neither , who had a law for tythes , but the order of eli's sons , who was sons of belial , who knew not the lord , and therefore sent their servants to take it by force , as now hath been done , to the spoiling of many families . so you are found further from the order of melchisedeck , christ , and his apostles , then from the order of levi , as far as the priest-hood and ministration of christ exceeds in bounty and freenesse the ministration of moses , so far are you come short in your orders and manners , in this covetous practise , after earthly things . and you are seen to be after the order of those that minded earthly things , which the apostles foretold of , who were coming up in their time , who served not the lord jesus christ , but their own bellies , and made merchandize of people in their times , through covetous practises , and this hath been the order and manners of you , as your practises hath proved it in these late years , to the ruining of many families , and so your manners hath declared your order and descent , none that ever was from above doing such things . so it 's in vain to seek to cover that with words which is so monstrously broken out into contrary actions ; the sheeps cloathing can no longer cover your various natures , and for this end hath god left you to your selves , that your practises may exceed , and so make you manifest to the full , and thus hath he left you , that the more you seek to cover your selves with deceitfull words , the more you give occasion for people to mind your unanswerable lives , which are become so boundlesse in covetousnesse , pride , and oppression , that neither christ , melchisedeck , nor moses , can own you therein , nor will answer what you do , so that when you have done what you can , you must be driven back to her that brought you forth , who rides upon the beast , for no other power will own you , nor bear you in your practises . o unreasonable men , what unreasonable work have you made in these late years in this nation ? what begging and petitioning have you made to every severall power , to enlarge your benefits ? what thrusting out one another out of great livings to get in your selves , and when you have got in , what havock have you made of the peoples estates , and still cryed to the earthly powers for more maintenance ? what sueing and casting in prisons of poor people ? how have you cursed the great ones that was over you , when they would not serve your turn ? and stirred up wars against them , till all hath been as heaps by your means ? how have you flattered such as would feed you while they had power , and when they fell , then you have reviled them , and crept under the next , and flattered them also ? and all for tythes , and augmentations and the like , which thou callest the golden oyl ; and yet you would have us believe you are not covetous , nor preach for lucre ; and you do deceive with your fained words such as are not able to judge between your words and your practice , and so the blind lead the blind , and you hate the light that discovers you , and we can truly say that it is not because we have wronged , or falsly slandered you , that you thus hate us above all men , but for the light that is in us , and the truth that makes you manifest ; and we have gods witnesse with us , and in us , that we hate not your persons , but your ungodly practises , and so much the more are we made to testifie against you , as you seek to cover your selves with wresting the scriptures , and taking the name of christs ministers upon you , but walk in such waies as none of his ever walked in ; and in faithfulnesse to god and godly men , we cannot allow you neither melchisedeck , christ , nor his apostles , nor any of their words to cover you , untill you come into their lives , and leave your devouring covetous practises . and couldst thou blush , thou hadst never had a face to have quoted such scriptures in this thy book , and laid them upon the false prophets and false teachers of old , whilst thy self is found in the very same steps ; so that modesty cannot but admire how thou couldst passe through them , and not be wounded in thy conscience and made ashamed , what a fore-head have you got ? or that ever thou shouldst so much as mention one scripture of the apostles , or any ministers of christ since the law , to prove tythes due to a minister of christ under the gospel , a thing which none of them ever owned , or so much as mentioned , otherwise then as to deny them ; what a reprobate sense is some men now given up to , or was ever truth so perverted , contrary to the life and practice thereof ? and as for melchisedeck , whom thou wouldst make thy refuge , he will not own you , nor serve your turn , who onely received tythes of the spoil , of what was taken by the sword , and that but once , and that not by command nor demand , but by a free gift , upon his feeding the souldiers first with bread and wine , freely ; how this will afford you an everlasting law , to demand the tenth of peoples labours and estates , by which they should relieve their families , and not finding them free therein , to take it by violence , they are blind indeed who sees you not therein , your false ground , and false covers . and whereas you teachers use your tongues for your great tythes , and set maintenance , and the more to prevaile upon doubtfull minded people , you take the apostles words , and by putting your meanings on them , make some people believe , that when they spoke of living on the gospel , they meant tithes , and augmentations &c. we say alas deceived men , you cannot deceive us therewith , for we in plainnesse tell you , that the practice of the true prophets and apostles , gives the true and open meanings of their teachings and writings , and to that must you come before their words can own you , or we allow you their words , as to have part or possession in them , for we know the true ministers of christ preached not for their bellies , nor their master-ships , nor sought themselves , nor ever named tythes as belonging to them in any case , nor was ever augmentation in the bargain to any people , as to their preaching and gospel , nor did they claim a great house to dwell in , but in all things laboured to follow their lord and master , who had no possession in the earth , for which they left what they had of their own to be as he was , and preached freely as he did , and this testimony is given of them in the scriptures of truth , that they wandred to and fro , in hunger , cold , and nakednesse , having no certain dwelling place , and this was their reward , namely to make the gospel without charge , that it might be as free to others as they had received it of god , and they never handled the word for gain , nor taught for filthy lucre , nor made merchandize with it , as what will you give me , judas like , nor had they great houses to live in , and great tythe barns to lay up earthly treasure , nor any way exercised covetous practises , but had whole churches , to which they had not been chargeable at all . now for men to take such mens words , to cover their covetous cruell and ravinous spoil and imprisonments , would be as the taking a sheeps skin to put on a wolfs back , and then say he is a sheep , which might deceive the sheep , but could not change the wolves nature ; wherefore we cannot see the holy men of god so abused , and be silent , as to have their words so wrested quite contrary to the life thereof , and their godly innocent lives so wronged , as to be presented as men of such manners and behaviour ; so let them alone , and their holy words and godly innocent lives , abuse them not by taking them into your mouths , so as to represent them to be men of your order or behaviour . and melchisedeck , and christ , cause not their names to be evill thought on , by making people believe them to be fathers or authors of such spoil and bondage to poor people , or of the true gospel being so chargeable , this is charged upon you all , as you will answer him in his day , when he comes in all his holy ones whom wicked men have belyed , and in the mean time be ashamed of your comparing your selves with them , and confounded in your abuse of the holy scriptures , and of holy mens lives , for the light is come from on high , and guile is found in your mouths and earthlinesse in your minds . and you that call your carnal maintenance of tythes and augmentations the golden oyl , ( as thou dost in thy book ) are seen in the light of god to be wholly ignorant of the true annointing , which should give you sight in your selves , and so cannot lead others out of the world ; and it 's no wonder that you so oppose the true light , your lamp must needs be darknesse when earthly things is your oyl , your gold must needs be drosse , and your prize below the mark of election , and corruption carries the draught in your ballance , whose golden oyl is earthly things , you are seen to be the men who have in you the false measure , and bag of deceitful weights , how is the holy one prized in you , how is the invisible disallowed , and how have you put the price upon carnal things , whose gold is become drosse , and corruption counted gold , are you the lights of these dayes ? and honour , and glory , and blessing , revel. . . so that they might as well have scoft at the angels of god , who spake these words , as at us ; and have said that the power that reaches to the seed is christ , and then christ is worthy to receive christ , as also they have done in like manner in their scorn , in page . wherein they have shewed their gross ignorance of the several manifestations of christ , the seed in his people , who are of the seed of abraham , which christ took upon him to redeem his own , and to bring to his own power and promise , which he receives of the father . and our saying that this seed which is christ where he suffers , and is burthened in man by corruption , there he desires to be free from the burthen of sin , does not argue as falsely as these men infer , that it cannot be said of the seed of god that in it is no sin , for christ hath suffered by mens sins and been pressed with them , and born them , amos . . ezek. . . and yet in him is no sin ; and if these men were not past feeling , they might feel how the spirit of the just in them , they have often grieved , burthened and afflicted by their own sins , and yet in that spirit there is no sin , but in them who resist it . j. horn and thomas moor , say their christ by that his death once suffered , and in his resurrection in that his body , &c hath overcome death and the devil , slain the enmity , and taken out of the way all that was contrary to them , redeemed them from the curse of the law . i answer , herein have they stollen the saints words , which they are out of the like of , for if the enmity were taken out of the way , sin would not be their natural heritage as they have pleaded for it , and they would not have uttered so many lies and falsehoods as they have done , for one of which , i. horne hath craved forgivness ; and if all that 's contrary to them be taken out of their way , then its evident that sin and the nations pollutions are not contrary to them , for they have confessed themselves too much to have a share in them , and that they are abusers of the truth . and to that , iohn . . as he is so are we in this world , i. h. and t. m. give their meaning , and say , as christ is unknown ; despised , hated , persecuted in his doctrine , and judged by any of the world so are we . answ. in this have they apparently lyed , for christ was persecuted to death of the world , but so are not i. horne nor t. moor , neither are they unknown of the world as christ was , for christ was never known to preach in a steeplehouse by an hour-glass for tyths , or so much in the year in leiw of them , like the parish priests and deceivers , who are out of the steps of the true ministers , who walked after christs example , & not after the hireling priests example , who preach for hire , and gifts , and reward as these men do : and rather than i. horne will freely suffer by the world as christ did , take heed that he fall not to the common-prayer-book . and to our calling i. horne a priest , he sayes , if we mean he is a priest of the order of aaron , a levitical priest , we say evidently false . answ. if he be not a priest of the order of aaron , then he plainly appears to be a false priest , seeing that in page . he hath pleaded for his taking tyths , as neither repugnant to gods law nor mans ; as also his practises therein he instances , that the priests had their several subburbs and quarters , when as they that had these were of the levitical priesthood , numb. . which priesthood i. horne hath plainly denyed himself to be one of , and yet pleads for tyths which pertained to that priesthood which christ ended , and disanulled the commandment which gave the tyths , heb. . so what hypocrisie is this i. h. in , who claimes a right to tyths as both being according to the law of god and man , and yet upon that account denies to be called priest , when as the law of god calls them priests that took tyths , and does not the law of man the like ? and does not the book of common-prayer call them priests ? so that upon this account may i. horne be called a false priest , he claiming a right to tyths as by the law of god , when as the service of the tabernacle ( for which they were given to the prists of levie ) he is out of numb. . as also he is guilty of the false priests practises , who preached for hire and divined for money mica . . i. h. and t. moor the elder and the younger , say , that the false apostles ( it seems by what the apostles writes of them cor. . . ) they use to boast of their free preaching , and in page . they say , that the false apostles were never the better for their paeaching freely but the worse . answ. herein have they plainly perverted that of cor. . . for there is no speech of the false apostles preaching freely ; see the malice and envy of these accusers , how they envy the practise of the true apostles and ministers , which was to preach freely and not for filthy lucre , ( mat. . pet. . ) which they have not yet proved the false apostles did , as they have affirmed , for they ran into covetousness , and were deceitful workers , having the forme of godliness , but denying the power , tim. . and in their affirming that the false apostles preached freely , here they have set the false apostles above themselves ; for neither i. h. nor thomas moor senior have preaching freely to boast of , whilst they are setled in parishes , and taking tyths and gifts as the other priests do , whom they have called greedy dumb dogs , strong to appetite , &c. in their pamphlet called a brief discovery , &c. t. moor's principle page . that sin is in the believer as a natural heritage from adam while he is in this mortal body ; and to prove it , he brings , rom. . , . for i know that in me that is , in my flesh dwelleth no good thing ; and that it was not he that did sin , but sin in him , and saith there 's his natural heritage . to which i answer , herein hath he wrested the scripture , for paul did not say that sin was in him as a natural heritage from adam while he was in the mortal body , neither did he own it as his natural heritage , for while it was in his flesh it was his burthen , ( after that he was turned to the spirit ) so he waited till it was done away , that he could witness the creature delivered from sin and become new in christ jesus , who redeems out of the first adams state and nature . and where we laid down this as t. moors principle , that their nature is restored in christ , and that their nature is a filthy nature , and christ took upon him their nature , this they say is falsely expressed and perverted , and yet i. h. and t. m. a little after say thus , viz. that our nature , kind or being , as in us , not in christ , is corrupt and filthy in it self , yet christ took upon him our nature , not as it is filthy in us by sin in it , &c. and they say that we might as well have taxed the apostle of confusion for saying men by nature do the things contained in the law . rom. . . and yet by nature are children of wrath , ephes. . . to which i say , we may justly tax these men with confusion indeed , but not the apostle ; for here they cannot discern between the sinful nature and the pure nature ; for the nature of christ is pure , so that it s not their nature , for their nature is filthy , and therefore it is not in christ , and their bringing that of rom. . . and ephes. . . together to prove their confusion , sheweth , that they cannot discern between that nature , by which men do the things contained in the law , and that nature by which men break the law , and are children of wrath , but make as if it were all one : but be sure they are out of that nature by which some did the things contained in the law since their nature is filthy , and by it they cannot do these things contained in the law but plead against that state , and for sin to continue in them as their natural heritage while in the mortal body . again j. h. and t. m. say , that the apostle saith not , that christ in them is the mystery , but the riches of this mystery is christ in men * the hope of glory not the possession of glory , which is not to be injoyed till his glorious appearing , when these mediums now in use will cease . answ. so herein would these deceivers put christ the possession of glory a far off , as a thing not to be injoyed by the saints till after their decease , till which time also we know they put christs glorious appearing afar off : but then how was christ all and in all his believers , and how were they changed from glory to glory , and had the heavenly treasure in earthen vessels , cor. . . and . . if they did not possess his glory , when the riches of the glory of this mystery was christ in the saints the hope of glory ? what was not these riches the possession in them too ? how grosly do these men wrong the saints and their words in counting them not possessors of the glory before their decease , when as the saints even when they were in the pure hope , then rejoyce they with joy unspeakable and full of glory , pet. . . and again after these men aforesaid have so wronged the saints in counting them not possessors of the glory while here , they go about to prove their corrupt principle , viz. that sin is a natural heritage in believers so long as they are here ; so that by these mens account , the saints had not christ in them as their possession , but sin as their possession , or natural heritage while they lived , which no where the scripture saith ; how sadly have they herein wronged the saints , and blasphemed against the tabernacle of god , which is with his people in whom he dwels . j. h. and t. m. tell of an instrumental and outward object , or a medium of faith which they say , is the holy scriptures , and then they say the last and most in most . and absolute object is god in christ , tim. . . rom. . . and so they say the object of faith is one . i answer , if the scriptures be the outward object or medium of faith , and god in christ be the most inmost and absolute object of faith , then how is the object of saith one ? what is the scriptures without and god one ? or are the scriptures god ? here 's confusion indeed , and where does the scripture say it is the outward object and medium of faith ? here these men are come under that confusion they have charged us with ( as according to their own account ) for in page . they charg us with counfounding the author with the medium , which they call a piece of confusion , when in page . they confess that jesus christ is both the object of faith , and living and enlivening medium by which any comes to god and believe in god , heb. . , pet. . . so that in page . they say true in saying that we did wisely to say that their darkness and confusion may easily be seen , for so it may , who after in their false inference are telling of some being guilty of the imperfection of wit-lesness , because they have in them their guts that be wit-less , and thus the in lightness and folly appears . i. h. and t. m. accuse us that the true christ we say p. . we desire not the knowledge of ; in which they have shamefully belyed us , for our words are these , that you look for a christ like your selves , but that he hath no blood in his body , as you imagine whom we desire not the knowledge of , for such a christ they look for , as they cannot prove the true christ to be , in their affirming him to have a body of flesh and bones in the heavens without blood in it , as many have heard them publikely . affirm , which now they would deceitfully deny that they so affirmed and say . p. . that they determined not that his body is a body of flesh and bones , in heaven without blood , and so they have preached and published that which they determined not , but were doubtful of ; what deceit and confusion is here ? and how do they leave men in uncertainties ; i. h. and t. m. p. . say ; that a man may be a sinner by having sin in him , and yet not sin , and to prove it bring rom. . . paul did not the evil , &c. to which i say , that their words are as much as if they had said , that a sinner sins not ; what folly is this ? which that of rom. . . proves not , for though there was that in paul which was of god that sinned not , yet when he did the evil which he would not , then he sinned in doing it . again these diviners who are thus confounded say , he that doth righteousness is righteous , as god is righteous , yea as christ is righteous , not because there is no sin in him , but because christ is made to him of god his righteousness , and in him he is righteous , as christ is righteous . answ. what then , hath christ sin in him if a man be righteous as christ is righteous when he hath sin in him ? this their assertion would charge both christ and them that are in him , to have sin in them , which is blasphemy against christ ; for in him is no sin , and he is made manifest to destroy sin . and to our question , which was , what one sin or sinnes can they lay to paul or iames or iohn's charge , or to any of them , that they were not perfectly freed from before their decease ; let them prove some sin which was not destroyed in any of those , before their decease , or for ever be silent from pleading for sin , or accusing the righteous as they have done ; as also we asked them what sin can they prove that nathaniel had in him , when he had no guile in him ? to which i. horn , and t. moore reply page . that it is enough that we believe paul , james and john that they had sin , and did in many things offend , though we cannot name their particular offences , as it is to believe multitudes to have dyed , though we know not of what particular diseases , &c. and in page . they tell us we may as well say , seeing the scripture witnesses that the children of korah dyed , not in the iudgement that befell korah and his company , what disease they dyed of , and if they cannot prove that they dyed of some disease , then they are confuted if they believe and hold that they dyed , they say . answ. here any impartial reader may see how these men are confounded , who have accused the saints to have sin in them , and to offend in many things while they lived upon earth , and now cannot prove any one sin , that they were not perfectly freed from before their decease , or which was not destroyed in them before their decease , so that here all may see how ignorantly they have accused the saints , and how far short of proving their assertion they are , for any of the saints confessing any of their present states or failings , does not at all prove that they were offenders , or had sin in them , so long as they lived , as these said accusers would have it : and as to their saying , that multitudes have dyed though they know not of what particular diseases , and if they cannot prove that they dyed of some disease , then they are confuted if they believe that they dyed ; to that i say , thus , their comparison will not hold but is foolish , neither will it follow from what we propounded , for it is evident that multitudes have dyed , as it is appointed for men once to dye : but they have not so proved that all the saints were sinners , or had sin in them , so long as they lived according to their assertion . and to their saying that david implies sins in them though forgiven and covered in whose spirit is no guile , psa. . , . here they have added their own words unto davids , for he spake of such unto whom the lord imputeth not iniquity , whose sin is covered and in whose spirit is no guile , nor can any say that their sin is thus covered when they sin , or that it shall not be imputed to them while they are guilty of it , for does not the light of christ discover in man his sin and reprove him for it , when he is guilty of it ? they that know it can tell though it s hid from these said accusers . again i. h. and t. m. say david saith no man living is so free from sin as to be justified , if god enter into iudgment with them , and to prove it bring , psa. . . answ. this is a lye against david , for these are not his words , he said not that no man living is so free from sin as to be justified , &c. for when the enemy had persecuted davids soul , and had smitten his life down to the ground , he said enter not into judgment with thy servant o lord , for in thy sight shall no man living be justified : which relates to that state wherein the enemy hath power , that the life is smitten down to the ground , and man cannot be justified , but thorow the death to that which judgment is to : so this scripture they have brought proves no more that the saints are not freed from sin in this life , then it does that they are not justified in gods sight , while in this life , when as the saints were justified from that which the judgments of god was to , and such could say its not i that live but christ in me . to our saying touching christs body that the body is one , and hath many members , cor. . . i. h. and t. m. answer that 's said both of a personal and mistical body or society in different sences , and then they say true ; also that the body of christ either personal or mistical is not carnal but spiritual . rep. here they darken the minds of the simple by words which they have no scripture for , for the scripture no where speaks of christ having a personall body , and a mistical body , and yet both spiritual . for if he hath two spiritual bodies , wherefore do they say the one is personal , and the other mistical , as if then both were not mistical ; and whence came that distinction in these words from the papists ? what is not that which is spiritual mistical ? ( according to their own words ) but paul saith as the body is one and hath many members , so also is christ , and now are they many members yet but one body , cor. . , . and there is one body and one spirit , ephes. . . but i. horn , in a paper to me saith , that jesus hath a humane body and soul * ( & where does the scripture say that christs soul is humane ? for his soul is divine and immortal ) & mens natural or earthly bodies are humane , and the apostle distinguisheth between them and the spiritual bodies , cor. . , . so that christ hath a glorious spiritual body in heaven which few can discern , distinct from mens terestrial or natural bodies , wch are humane ; now if christ hath a natural or humane body , & a spiritual body , & his church too , which is his body , which they call his mistical body , may they not as well say he hath three bodies ? and then why not as well four or five bodies ? but their ignorance about the natural and the spiritual bodies is so plainly discovered in our book intituled a brisf discovery of the dangerous principles , &c. in which the truth is so clearly notes, typically marginal, from the original text notes for div a e- * which is as much as to say , not christ in them , but christ in men ; and that his riches is not the possession , what folly is this ? * that which is humane is earth'y , as humanus & homo are of humus the ground from whence man was taken ; so that a humane soul is an earthly soul , what then hath christ both an earthly soul and a divine soul in him ? the foundation of tythes shaken and the four principal posts (of divine institution, primitive practice, voluntary donations, & positive laws) on which the nameless author of the book, called, the right of tythes asserted and proved, hath set his pretended right to tythes, removed, in a reply to the said book / by thomas ellwood. ellwood, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the foundation of tythes shaken and the four principal posts (of divine institution, primitive practice, voluntary donations, & positive laws) on which the nameless author of the book, called, the right of tythes asserted and proved, hath set his pretended right to tythes, removed, in a reply to the said book / by thomas ellwood. ellwood, thomas, - . [ ], , [ ] p. s.n.], [london : . written in reply to "the right of tythes asserted and proved, &c." by thomas comber, and "a vindication of the friendly conference, &c." attributed by some to edward fowler, bishop of gloucester; both books being in answer to ellwood's "truth prevailing". cf. bm. place of publication from wing. errata ([ ] p.) at end. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng comber, thomas, - . -- right of tythes asserted and proved. fowler, edward, - . -- vindication of "the friendly conference." tithes. society of friends -- controversial literature. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion the foundation of tythes shaken : and the four principal posts ( of divine institution , primitive practice voluntary donations , & positive laws ) on which the nameless author of the book , called , the right of tythes asserted and proved , hath set his pretended right to tythes , removed , in a reply to the said book . by thomas ellwood . the priesthood being changed , there is made of necessity a change a●so of the 〈◊〉 , hebr . . for there is verily a 〈◊〉 ●f the commandment going before ●●c . vers . . in augustine's time it was no general law nor custom in the church , that tythes should be paid , willet's symp●● of popery , th gen. controv. pag. . nemo plus ●u●is ad alium transf●rre potest , quam ipse habe●et , u●pian ▪ i. e. no man can make a better title to another than he himself hath . id uod nostrum est , sine facto nostro a nobis ●velli non potest reg. jur. i. e. that which is our own , may not be taken away fr●m us without our own act . printed in the year . the preface reader , one of the great faults , which the witty erasmus pleasantly taxed luther with , was this , that he medled with the monks bellies : for indeed , that zealous reformer did smartly inveigh against the pride , idleness , luxury , voluptuousness and greedy covetousness of the then cl●rgy . i have of late been also drawn to meddle a little with the priests bellies ; the occasion for which was thus offered , by one of themselves . somewhat more than two years ago , a book was published , by a nameless priest , bearing the title of a friendly conference between a minister and a parishioner of his inclining to quakerism , &c. in the latter part of which , he made tythes the subject of his conference . when i had read that book , and had observed , that , in some parts of it , the author thereof had greatly abused , and mis-represented the people called quakers ; in others , had endeavoured to deceive his reader by sophistical and fallacious arguments : i writ an answer to the whole , under the title of truth prevailing , &c. which i divided into several chapters , according to the various subjects treated of , the last of which was tythes . this , pinching the priests in a tender part ( the belley ) made them bestir themselves , and lay their heads together , to consider what was to be done . after divers debates , and much consultation ( as i have been in●ormed ) about it , another book ( written by another hand , but without a name too ) at length came forth , entituled , the right of tythes asserted and proved , &c. being an answer to that one chapter only of tythes , which though it was the last chapter in my book , yet having the first and chiefest place in the priests minds and affections , obtained from them the first and chiefest defence . some time after came out another book , said to be written by the author of the conference , who was not willing yet , it seems , to trust the world with his name . this bearing the title of a vindication of the friendly conference , &c. ( and divided into like number of chapters with mine ) seems to be designed for a general reply to my book . the former ( called , the right of tythes ) came first to my hand , and was about half dispatcht before i saw the latter . i therefore chose to t●ke the chapter of tythes out of the latter ( so much , ● mean , of it as seemed argum●ntative , or pertinent to the purpose ) and clap it to the book of tythes , as being of the same subject . to both these the book in thy hand is intended for an answer : how well it answereth that intendment , is left to thee , reader , to judge . if thou art a tyth-receiver of any kind , there is great danger lest interest , mis-guiding thy vnderstanding , should hinder thee from discerning truth , and so from judging truly . for that of the poet. impedit ira animum , ne possit cernere verum , [ anger doth obstruct the mind that the truth it cannot find . ] is not more true of anger , than of interest . advantage , like the byass on a bowl , is apt to sway the judgment , and draw the mind to favour that side , on which the profit lies . against this danger be pleased to take this caution : and be entreated to lay aside all considerations of gain or loss , advantage or disadvantage in this case , not measuring the justice of the cause by the profit , but weighing the profit by the ●ustice . remember that , nihil utile , quod non idem honestum ( i. e. nothing is profitable which is not honest ) and nihil honestum esse potest , quod justitia vacat ( i. e. nothing can be honest which is not iust ) were approved axioms amongst the gravest heathen philosophers , and deserve much more to be observed by those , who bear a name derived from christ. ex damno alterius commoda nulla feres , [ account not that for iust and honest gain which got by thee , makes others loss sustain ] is a good document for men as well as children . in short , whether thou art a tythe-receiver , or no , this i request of thee , read without prejudice , judge without partiality ; examin this discourse fully and throughly ; but give the reasons therein given their due poize and weight . the author of the right of tythes , in his epistle , pag. . charges me with bragging in a letter of mine to a quaker at york , that i have shewed some little learning in my former book ; and there-upon says , i dare affirm he hath but little to shew . i am pe●swaded he and i shall not fall out about my learning : for he seems willing to allow me a little , and i assure him , i never took my self to have much . nor do i think , when his disdain is at the highest , he will desire to lay me lower , in that respect , than i , of my self , am willing to lie , but in charging me with bragging of that little learning , which his courtesie is pleased to allow me , he deals discou●teously● and injuriously with me . the letter he mentions was in answer to one from a friend in york ( to me unknown ) in which he acquainted me , that my book having gained acceptance there , endeavours were used to prevent its further service , by casting out a report that i was a iesuit , at least , that i was no quaker , but had a mind to shew my parts and learning , &c. ( the like rumour also , of my being a jesuit , was craftily spread in nottingham-shire ) hereupon to shew the vanity of their slander , i thus writ in that letter , — some ( thou sayest ) will needs have me to be a iesuit ; and why ? because of a little learning : must none then have learning but they and iesuits ? this is the common , but poor shift of priests hard beset ; when they cannot maintain their ground , they cry out , their opponent is a iesuit , as if none could be too hard for them , but iesuits , by whom to be worsted they are not ashamed to think it no shame , the more shame for them . well , truth is too hard for them and iesuits too . and a little after , whatever they in their carnal minds may imagin — i have learnt to know my self better , than to ascribe to my self or my own abilities any of that honour , which is due to the power of prevailing truth . — iudge , reader , whether from those expressions , my opponent had any just ground to tax me with bragging of my learning . but as an argument of my want of learning ( yea● gross ignorance , as he is pleased to term it , ep. p. . ) he charges me with mistaking another basil for basil the great . this he takes out of that chapter of my book which treats of swearing ; and his brother priest in his vindication of the conference , objects the same against me , in his chapter of swearing in answer to mine . when i shall come to that part of the vindication , i intend to give an accompt o● that passage , and therefore ( to avoid needless repetitions ) omit it here ; yet thought it needful to intimate thus much here , lest ●y opponent should so far mistake himself as to think i was willing to shift it . some testimonies i have taken out of fox's martyrology ( or book of martyrs ) the various editions of which render quotations out of it very uncertain , and sometimes suspected : the book which i have used is of the sixth impression , in two volumns , printed at london in the year . these things premised , i now recommend the following discourse to thy most serious perusal , and thee to the guidance of that good spirit which leads into all truth . the introduction . when demetrius the silver-smith of ephesus perceived , that by paul's preaching his trade was like to decay , he call'd his crafts-men together , and thus bespake them , ye know , said he , that by this craft we have our wealth ; moreover , ye see and hear , that not ●lone at ephesus , but almost throughout all asia , this paul hath perswaded and turned away much people , saying , that they be no gods which are made with hands ▪ so that not only this our craft is in danger to be set at nought , but also that the temple of the great goddess diana should be despised , &c. acts . , . the case hath fallen out somewhat alike with our english de●etrius , the author of the book called , the right of tythes asserted , &c. who finding his diana ●otter by a stroke received from the last chapter in a book of mine , called , truth prevailing ( written in answer to one from his party , called , a friendly conference ) and apprehensive of greater danger , if timely course were not taken , he gives the alarm to his fellow-crafts-men , and bespeaks him much to the same purpose , as did the ●phesian silver-smith of old . he said then , this is the craft by which we have our wealth : this sayes now , this is the oyl by which our la●p is nourished , the ●ay by which our army is maintained , page . he said then , this paul hath perswaded and turned away much people ; saying , they be no gods which are made with hands : this saith now , when i consider how easily so plausible a discourse ( meaning that book of mine ) might 〈◊〉 some well-meaning men out of the right way , &c. pag. . again , the obstinacy which the unhappy quakers contract from such false ins●●uations as these of t. e. in this case of tythes , &c. pag. . again , our changers of religion mainly seek to overthrow these things , & to that end have sent out t. e. as their champion , pag. . with more to the same purpose . he said then , not only this our cra●t is in danger to be s●t at nought , but also that the temple of the great goddess diana should be despised . this sayes now , they would gl●●ly stir up the people to take away our books and subsistence from us , pag. . to stop the oyl that nourishes our lamp , and force us to disband for want of pay , pag. . and not only so , but wise and pious men — look upon them as designing to disturb the kingdom , destroy learning , & ruin the most famous of all protestant churche● , pag. . to overthrow not only the ministers , and their maintenance , but also the peace of the church , and religion , whose safety ( he sayes ) depends upon that maintenance , pag. . he raised the people into an uproar , and filled the city with confusion ; crying out for about the space of two hours , great is diana of the ephesians . this man abounds with confusion also , having little strength of sound argument or sorce of solid reasoning , but crying up the sacred maintenance , divine tribute , righ● of holy church , &c. and indeed , the main difference that doth appear between that demetrius and this , is , that he ( though he sought the destruction of the apostle ) did not bespatter him with approbrious language ; whereas this man hath endeavoured to besmear my name with all the ignominy , reproach and obloquy his evil nature could prompt him to , and his worse education furnish him with , of which these that follow are some , this poor retailer , pag. . our strutting quaker , pag. . obscure and empty quaker , pag. ● . this skulking adversary , pag. . this poor quaker is as bold as he is blind , pag. . this quaker hath learnt to cant , pag. . he hath the impudence , pag. . this ungracious cha● , pag. . the quaker is a manifest lyar , pag. 〈◊〉 . this insolent quaker , pag. . t. elwood is a 〈◊〉 wretch , pag. . though t. e use the name of popish priests to gull the people , yet he is one of their iourny men , pag. . he is an inspirado , pag. ● . a wild quaker , pag. . this double-tongu'd and false-hearted man , pag. . his own base humor , pag ● . common experience preclaims him a lyar , ibid. this seditious libeller , pag. . is not the quaker a knave , pag. . this malicious slanderer , pag. . this black-mouthed slanderer may publish his own venemo●s impieties , pag. . this , reader , is the language wherewith he treats me ; notwithstanding which he hath the confidence to brand me with railing , for calling tythes the priests delilah , the very darling and minion of the clergy : this he sayes is ill language , pag. . and scurrillity , pag. . which he will not meddle with . but if this be ill language and scurillity , by what name i marvel shall that language of his pass , which is before recited ! doubtless if railing be not reasoning ( as he truly sayes ) his book is so replete with railing , that there is little room for reasoning in it . and though he terms that expression of mine scurrillity , and sayes he will not meddle with it , yet can he not forbear , but in the very next page catches up this which himself accounts ill language and scurrillity , and throws it at the quakers , calling tythes the quakers delilah the very darling and minion of that sect , pag. . and so transported he is with passion against the quakers , that he sees not the absurdity he runs himself upon , in taxing the quakers with railing at tythes in the very same line , wherein he calls tythes the quakers delilah , the very darling and minion of that sect : is not this contradictory ? and as he all along looks upon the quakers with an evil eye of contempt , disdain , and scorn , so he lifts up himself and his brethren of the clergy , scarce finding words big enough to express the high conceit , and lo●ty opinion he has of his own and their abilities . the leading quakers ( sayes he ) perceiving the clergy of england so able and industrious to discover all their evil designs , &c. pag. . again , they know while the clergy have these provisions , they will have books , and leasure to study , and learning enough to 〈◊〉 all their silly pretences , pag. . again , our adversaries finding our study of the law so destructive of their inspired nonsense ; they would gladly stir up the people to take away our books , and subsis●ence from ●s , that we might be starved into ignorance , and by our sad necessities be brought down to their scantling of understanding ; and then they hope their speakers would be an equal match for ●s , pag. . these are the brags , these the insults , these the vau●ts , these are some of the rhodomontadroes of this polemical priest , who in the pride of his heart , and haughtiness of his mind , looks on the poor quakers with the same eye of scorn and contempt , as did the monstro●● philistine of old , upon the little stripling david . but when he takes occasion to mention me , how is he put to it to find words sufficiently significant of his high disdain ! as in pag. . so mean a creature . again in pag. . i judge it necessary to lay aside all considerations of the meanness of the adversary . and when he hath a mind to throw dirt on me , rather then want a pretence to do it on , he will use the help of his invention , and suppose things not in common sense supposeable : as when he sayes , dr. sr , i perceive our strutting quaker looks on you with a scronful eye , and sayes , pag. . tythes were w●nt to be claimed as of divine right ; but he finds this priest is not hardy enough to adventure his c●use upon that title : sure he takes himself to be very terrible , for he believes none but a hardy man dare● s●t upon him , pag. . how can it reasonably be supposed that i did charge the author of the friendly conference with want of hardiness in respect of my self ? can he imagine i took that book to be designed as an onset upon me ! nothing is more irrational . again , he sayes , pag. . it is evident you laid aside this weapon ( of the divine right ) not out of any distrust of the argument , nor out of any great opinion of your adversaries skill ; how weakly is this argued , for a man of so great learning ! one of my scantling of understanding might happily have spoken as pertinently as this . the author of the friendly conference did not lay aside the weapon of divine right , out of any great opinion of his adversaries skill : why , did he know what skill his adversary had before he try'd it ? nay , did he know before-hand , or could he fore-see who his adversary should be ? surely , either this great learn't man in the wantonness of his wit , hath over-shot himself , or else he must make his dr. sr. a diviner instead of a divine : this he did to fasten on me an imputation of self-conceit , and stick his strutting epithet upon me ; but in pag. . when he had a mind to badge me with the scornful title of a poor retailer , he sayes , i glea●ed my quotations out of fisher against bishop gauden , and that with so little skill , that when the printer in fisher had mistaken fimicus for firmicus ; this poor retailer calls him fimicu● also , pag. . which very page of my book detects his unfair dealing , and clearly convicts him of manifest falshood : for i there quote gauden's book of oaths , and the very page in gauden's book , out of which i took that se●tence , notwithstanding which , so little regard has he to speaking truth , that he charges me with gleaning it out of fisher. but this is not the only instance of his unfair dealing by me , as i shall have occasion hereafter to shew . he seems highly offended that i called tythes the priests delilah , the very darling & minion of the clergy . what ever reasons induced me so to call them , i think he hath sufficiently proved that i therein exprest my self aptly enough ; for he hath not only leap over all the rest of my book , and singled out this which was the last chapter in it , shewing thereby how near and dear this is to him , and that whatever becomes of the rest , this shall have a distinct treatise for its perticular defence , but in his treating of it also , he delivers himself in such pathetical expressions , and speaks so feelingly of it , that one may easily perceive it is one of his nearest concern● , if not the nearest of all : hear what he sayes , pag. . speaking of the quakers with-holding tythes from them , they see ( sayes he ) they cannot quench the lamp , and therefore they would stop the oyl that nourishes it . tythes then it seems ( in his own account ) is to the priests what oyl is to the lamp , that which makes it shine , that which makes it give any light , that which makes it of any use or service ; can any thing be nearer ? no oyl , no light ; no tythes , no preaching ; no penny , no pater noster . did ever any , who assumed the name of a minister of the gospel , speak after this rate before ! stop the oyl , the lamp ●oes out , the lamp has done shining ; with-hold tythes , the priest gives over , the priest has done preach●●● . without oyl the lamp will not burn ; without tythes the priest will not preach : methinks this might 〈◊〉 ●nough to let the people see what a ministry they 〈◊〉 under , and seriously to consider , whether the dim light their lamps gives , be worth the oyl it spends them ? certain it is , that in thus comparing the priests to the lamp , and the tythes to the oyl , making tythes the cause of the priests preaching , as the oyl is of the lamps burning ; this priest hath spoke the very truth , though somewhat unadvisedly ; and 't is much if this unwary expression don't lose him all the preferment he promised himself for his elaborate book of the right of tythes , which smells so strong of the lamp. but howsoever he speeds in that , his own comparison will justifie me for calling tythes the priests delilah , the very darling and minion of the clergy . but more fully to discover his foundation and standing ▪ take another expression of his in the same page , and because they dare not engage this army , they attempt to force them to disband for want of pay. it seems then this army of priests fight for pay ; and without pay fight who will fo● them , they will disband first● but i am of opinion they will consider twice , before they disband once . men once in arms are seldom forward to disband , while either pay or plunder lasts . how have they behaved themselves towards those that have no need of such an army , nor exspecting benefit by them , have consci●ntiously refused to pay them ? did they disband , or threaten it ? nothing less . they rather ralli●d their forces together , & either by law , or force without law , have fallen upon the spoil , & taken sometimes three , sometimes five or six times as much as they pretended to be due to them : so that it is not likely , while plunder may be had , the want of pay will disband the● . but while this priest talks of being forc'st to disband for want of pay. i doubt he forget● the nature of his warfare , and the cause for which he pretends to be engaged . is not he one that takes upon him ● cure of souls ? and can he so easily quit his station ? will he leave the souls of the people for a prey to the enemy , because he has not the pay he desires ? surely then it is otherwise with him , then it was with the apostle paul , who did not say , if ye pay ●e not , you 'l force me to disband ; if ye stop the oyl my lamp will go out ; without tythes i cannot preach , but a necessity is laid upon me , yea , w● is to me if i preach not the gospel , ● cor. . . but this priest does not appear to be under that necessity of preaching , but rather under the necessity of giving over , if he be not paid to his content ; nay , he seems to understand no other w● , but that of having the oyl stopped , and wanting p●y . the parishoner in the friendly conference , pag. . was pretty near the mark it seems , when he said , the covetousness of the clergy hath given us occasion to fear , that bereave you of your preferments , and you would soon abandon your profession : and that priest understood better how to varnish over his cause , then this hath done ; for he answered more warily , i hope ( said he ) many of 〈◊〉 can appeal to the searcher of hearts , that we embraced the ministry upon better grounds then temporal interests . whatever the grounds were upon which they embraced their ministry , temp●r●l interests it seems by this priest , are the grounds upon which they will quit it , want of pay will force them to disband . 't is much if this priest be not one of those , of whom his dr. sr. the author of the friendly conference speaks , when he sayes , pag. . it cannot be expected to be otherwise , but that some men for a corrupt interest will intrude themselves into these sacred offices : or at least one of those of whom the same author complains , in pag. . of his friendly conference , where he sayes , the secular care of some of the clergy , for the maintenance of their families have been excessive ; some such it seems there are among them , and he is as like to be one as another : for indeed the excess of his secular care bespeaks him an intruder for a corrupt interest . the iews he sayes have a proverb , sine farina non est lex , pag. . i. e. without meal there is no law. and have not the priests a proverb also , sine farina non est evangelium , i. e. without meal there is no gospel . if his metaphors of the lamp and the oyl , the army and the pay be thought too weak to bear my inference out , i will add what he in the next page tells us tacitus sayes of the state , with his own application thereof to the church , there can be no quiet to the nations without souldiers , no souldiers without pay , nor no pay without tribute , on which ther●fore the common saf●ty doth depend : even so , sayes he , no peace in the church without ministers , no ministers without maintenance , nor no maintenance without these publick contributions , on which therefore the safety of religion doth d●pend . the plain english of this is , no tythes , no ministers ; no meal , no gospel ; for all is made to depend upon tythes , no ministers without maintenance , no maintenance without these publick contributions ( namely tythes , no other maintenance it seems will serve the turn ) on which therefore , namely tythes , the safety of religion doth depend : so that take away tythes , and down falls religion : but that must be understood of their religion only , whose subsistance depends upon tythes , and i hope not of all theirs neither . i am not willing to spend time in tracing him step by step through all his crooked turnings and winding● , wherein he often contradicts himse●f , one while making the quakers to be acted by meer cove●ousness ( in denying to pay tythes ) pretending conscience to save their purses , supposing this kind of godlines great gain , pag. . insinuating , that the quakers find their harangues against tythes very taking with the covetous and atheistical , with those who care not much for any religion , and therefore like the cheapest best , pag. . another while , the quakers obstinacy in this case of tythes exposeth them to more sufferings then all their other errors , p. . one while , i am a bold antagonist , pag. . another while , the quaker● dare not engage the priests army , pag. . anon , t. e. singly provokes the priest to take up this argument , pag. . and ( which is beyond all the rest ) he calls me both a daring adversary , and a sculking adversary in one and the same page . but i pass over these , and many other of like nature , being desirous to try what further strength and force of argument this great warriour hath brought forth in the defence of tythes , then the author of the friendly conference had done before him . chap. . § . . to make out the divine right of tythes , there are three periods ( he sayes , p. . ) to be considered ? . before the law ; . under the law ; . the time of the gospel . concerning the ●st period , before the law , sayes he ( to his dr. sr. ) you said very little in your conference , as not designing to mannage this argument . but why did he say so little ? was it not because he had but little to say , and as i observed in my former answer , though he pretended to be a minister of the gospel , yet he took the law for the surer holding , and therefore betook himself chiefly to that ? no , sayes this priest ( to excuse him ) 't is evident you laid aside this weapon ( of the divine right ) not out of any distrust of the argument , but in very truth you seem to have been loath to cast pearls before swine , who understand not the value of them , pag. , . was his parishioner then a swine with whom he discoursed on that subject , whom he called his good ● friend and neighbour , pag. . to whom he bore such true friendship , pag. . whose serious inclination , modesty and humility he commended , and the expressions of whose affection he accepted in all gratitude , pag. . he hinted indeed before ( pag. . of his friendly conference ) that the priests people were beasts , and lean beasts , no fatter for all the feeding ; but then they seemed to have been kine , he stroak't so much m●l● from them ; but this priest has explain'd the matter , and declared them arrant swine , not considering that he hath made his dr. sr. a swine●erd instead of a shepherd . but what am i concern'd in all this ? will he blame me because his brother took up his cause by the wrong end ! if divine right ( as he sayes ) be ant●cedent to any positive constitution , why began he at the human right ? or if he intended only to mannage the argument of humane right ( as this priest intimates for him , pag. . ) why did he meddle with the divine right ? but seeing he gave a touch on each , why am i blam'd for answering both ? he had● reason the rather to have begun with the divine right , and to have insisted on it too , and have mannaged that argument ( if he understood it ) in as much as he began his discourse upon a passage taken out of a book of e. b's , which related to the divine right , not to the humane . yet had he said nothing of divine right at all , it may be i might have said the less ; but seeing he thought fit to say so much as might intimate a reserve for a divine right , i think i had reason to examine the claim , and not as easily grant , as he did weakly beg the question . but he sayes , he perceives his brother priest had mentioned , that the divine right of tythes was derived from melchizedeck , not from levi. he 's very angry i fell upon this passage , and to vent his passion bestows upon me the badge of a skulking adversary : why so ? because this passage ( he sayes ) was single , not guarded with any proofs or reasons , stood naked , was an open place . whose fault was that ? did he expect i should have guarded it with proo●s and reasons for him ? or that i should have been so mannerly as to have past it by because it was not guarded ? he would not it seems have had me enter there , because it was an open place . surely if i had meddled with nothing but what was guarded with proofs and reasons , i should have had little to meddle with ; for his whole book is either u●guarded or ill guarded . but he would perswade his reader , pag. , . that i had triumphed over this naked sentence , ( as he calls it ) and over the author too ; nay , that i had boasted , i had disproved clearly the divine right of tythes ; for which , the better to hide himself , he assigns no page of my book ; nor do i know any passage in it , from which , without ● positive resolution to abuse me , he could draw such an unfair inference . the most i said ( that i remember ) was in pag. . and the words these , that tythes were not paid by abraham to melchizedeck , but given , and that but once , and that too upon an accidental occasion , nor then out of his own proper estate ( but out of the pillage of sodom , which he by the sword had recovered from the plunderers ) i think i need not stick to say i have already prov'd . whethe● this was an immodest expression , considering what i had before offer'd in the four preceding pages of my book ; and whether he hath dealt fairly with me from hence , to represent me as triumphing , and boasting that i had disproved clearly the divine right of tythes , let the ingenuous reader judge . § . . my first opponent in his friendly conference , pag. . had affirmed , that those that ins●st upon the divine right of tythes , derive them not from levi , but melchizedeck : in my answer to which , pag. . i said , it is then inquirable , whether o● no tythes were ever due to melchized●ck : that which should make them due , must be a command , they were not due to the levitical priesthood , until they were commanded to be paid ; but after they were commanded to be paid , they become due ; and so long as the command stood in force , it was an evil to detain them . but we do not find , throughout the scriptures any command from god that tythes should be paid unto melchizedeck . upon this the author of the right of tythes sayes , pag. . my first words do declare , i do not understand the question . but i believe , either this priest doth not understand the question , as the other stated it ; or else he thinks the other priest did not understand how to state it as he should do ; and therefore he hath undertaken to state the question anew . the case was plain enough to be understood before ; and i am content to abide the reader 's censure , whether by my answer to it i under●●ood it or not . i confess , i did not then understand how this man eighteen moneths after would alter it , no more then i now do how another of them eighteen mone●●s hence may vary it again , if this mans work succeed no better then the former . the former priest said , the divine right of tythes was derived from melchizedeck . now because no right could be derived from mel●hiz●deck to another , which was not first in melchizedeck himself , i thought it justly inquirable , whether or no tythes were ever due to melchizedeck ? and because no certain and positive evidence could be produced of melchizedeck's right to tythes , i judg'd it necessary to consider what way tythes might come to be due to ● him , and therefore said , that which should make them due must be a command . this also i demonstrated by an ●nstance from the levitical priesthood , to whom it is on all hands acknowledged they wer● due , after they were commanded to be paid to them , not before ; therefore i said , they were not due to the levitical priesthood , until they were commanded to be paid ; but after they were commanded to be paid they became due : and so long as that command stood in force , it was an evil● to detain them . this the priest was willing to dash out , lest as the right of the levitical priesthood to tythes , depended upon an express command , so an equality of reaso● should drive him to seek a command , on which to ground melchizedeck's right to them also , which he very well knew he could no where find . he attempts therefore to mend the matter by a new stating of the question : and whereas the other priest had asse●ted , that the divine right of tythes was derived from melchizedeck , not from levi ; this priest sayes , pag. . the ass●rtors of the divine right of tythes do not make them originally due either to melchizedeck or levi , but to god himself , &c. to whom tythes were originally due , was not the question ; but from ●hom the present priests do deriv● a divine right in tythes to themseves , whereby tythes may become due to them by a d●vine right , which the former priest asserted to be from melchizedeck . he does not claim tythes from god , to whom they were originally due ; but from melchizeck , to whom how they became due , and from whom have they come to be due to these priests , had well become him to have proved . § . . he sayes , the tenth belongs to god. i say , all belongs to god , the nine parts as well as the tenth ; for the fulness of the earth is the lords , psal. . . not a part only ; the cattel on a thousa●d hills ar● his , psal. ● . . not the tythes of them only . that scripture therefore prov. . . honour the lord with thy su●stance , is misapplyed by the priest , and , as he restrains it to the payment of tythes , is not a binding rule to christians as well as iews ; c●ristians being no where commanded by god to pay tythes , as the iews expresly were . but the christian doth then honour god with his substance , when thankfully receiving the goods of this world from the hand of the lord , he doth in god's holy fear so use them , as not to abuse them , cor. . . when both in eating and drinking , and whatsoever else he does , he does all to the glory of god , according to the exhortation of the apostle paul , cor. . 't is not to be doubted but that god , from whose bounty and blessing all is received , might reserve to himself what share he pleased ; but what he might do is one thing , what he did another : that he ever did appropriate the tenth part , i find not in scripture exprest , excepting only in the time of the levitical priesthood , for which there was a particular reason . he then chose the iewish nation to be his peculiar people , which people being divided into twelve tribes , he separated one entire tribe , the tribe of levi , to attend the service of the tabernacle ● the land of canaan he divided amongst the other e●eaven tribes , but gave the tribe of levi no inheritance amongst them , numb . . , , . deut. . . for they being wholely imployed in that service , could not have leisure to attend the plough , or other rural occupations . seeing therefore he had excluded them from a share of the land ( the manuring of which would have taken them off from the service he had designed them to ) and that by this means their brethren , the other eleaven tribes , amongst whom their part was shared , did all fare so much the better , their respective lots bein● so much the greater , he commanded the eleaven tribes that had the lands , to pay the tythes of the increase thereof , out of whic● this twelf tribe should be maintained . and while that priesthood and polity stood , which tythes were suitable and appropriated to , this tything command was in force , and no longer . but that eve● god did reserve the tenth , or command the payment of tythes to any , before the constitution of the levitical priesthood , or since the dissolution thereof , i no where read in scripture . this is proper for the assertors of the divine right of tythes to prove , and indeed so absolutely necessary , that if they fail of this , all they can say beside will be too weak to bear their title up : for in a matter of so great moment , it is not ●are conjectures or meer suppositions , nor probability neither , will serve the turn , but positive precept . the levitical priesthood was not left to such incertainties . though this priest is willing to take it for granted , that the men of that age wherein abraham lived , knew and understood by the light of nature , that the tenth part belong'd to god , and was therefore to be paid to his priests : yet we find god himself did not think fit to hazard the levitical priesthood on such uncertain terms , but secured their maintenance to them by an express command , which left no room for any doubts or scruples . and can it be imagin'd , that the omm●scient god , whose eye at once fore-sees all events , would leave the maintenance of his gospel-ministry , so much nearer to him then the levitical priesthood , to depend upon the ambiguous and doubtful constitution of a single act of abraham's , or a vow of iacob's uncertain when , or where , or how performed ? no doubtless , it cannot reasonably be supposed , that he who took such particular care of the legal priesthood ( which was to last but for a 〈◊〉 ) and was so punctual in appointing tythes for their maintenance , not thinking either abraham ' gift or iacob's vow sufficient ground for them to claim upon , although they were the cho●en priests of god , without a plain and positive command , would leave his royal priesthood , the publishers of his everlasting gospel , so ill provided of a claim to tythes , as to be necessitated to strain a title out of abraham's gift and iacob's vow , if he had ever intended tythes should be the maintenance of his gospel-ministers . what else doth this assertor of the divine right of tythes offer in proof of his assertion , but conjectures and probabilities , as he calls them , as in page . where speaking of abraham's giving to god the tenth of all the spoils , he adds , as in all probability he was wont ordinarily to do , of all that he got by god's ordinary blessing . so again , pag. . t. e. cannot prove abraham did not pay tythes 〈◊〉 , and i can make it appear very probable he did . again , there are ancient authors and probable reasons to induce us to beli●ve , &c. pag. . again , speaking of 〈◊〉 being sem , we cannot ( say● he ) be 〈◊〉 i● a matter of so great antiquity : but i ho●e these things may suffice to make it very probable , that melchizede● was abraham ' s priest in ordinary , pag. . and though he is able to shew no better ground then such probable mayb●'s as these , yet he sticks not to require his reader 's assent as fully as if he had produced the most positive proofs and plain demonstrat●on : for speaking of abraham's pitching upon the tenth , he says , p. . in all r●ason we ought to bel●●ve it was first revealed by almighty god to him , &c. and speaking of sacrificing bein● believed to be revealed by god to adam , he says , the like we may believe also concerning this of dedicating the tenth part , pag. . again , speaking of so●e heathens that vow'd the tenths to their gods , he says , which therefore we mu●t believe they had by tradition from the first patriarchs , who received it by revelation from god , pag. . yet in the next page sayes , it is not necessary ( since the scripture is silent ) i should deter●ine , whether abraham was immediately directed to it , or whether he learnt it from melchizedec . thus he argues from may be to must be , and from must be to may be back again , finding nothing firm , nothing certa●n , whereon to build a divine right to tythes . yet fain he would have it so , and therefore labours to perswade his reader , pag. . that from the example of abraham's giving and iacob's vowing the tenth , there was a claim made of this te●th part , as being originally due to god long before . and for thi● claim he quote● levit. . . all the tythes of the land is the lord's . but he greatly mistakes , and mis-applyes that text ; for thought the te●th , the nineth , the eighth and the all was originally due to god long before , yet as a tenth , distinct and separate from the rest , it doth not appear to have been due long before , nor seems to be here mention'd by moses , with relation to any such former re●erve or claim , but with respect to the l●vitical priesthood , which was then settled in aaron , the great grand-child of levi ; for which priesthood he who was lord of the whole , when he gave the lands to the other eleaven tribes , reserved this as a subsistance more suitable to their service , and a compensation for their part of the land. but the better to colour this conceit , of tythes being claimed in levit. . . as due long before , he perverts another text , and puts a plain abuse upon his reader ; for he says , pag. . the first time tythes are mentioned , exod. . . they are not directly enjoyned , but supposed due , and forbid to be with-held : whereas in ex. . . tythes are not mention'd at all , nor in all the book of exodus , that i observe , nor else●where as enjoyned , supposed due , or forbid to be with-held , until the th of levit. . mention'd before the words in exod. . . which he says doth not directly injoyn , but supposes tythe due , and forbids t●em so be with-held , are these , thou shalt not delay to offer the first of thy ripe fruits , and of thy liquors ; the first-born of thy sons shalt thou give unto me . here is not a word of tythes ; and yet this priest hath so little regard to truth , and so much to his own interest , that he sticks not to say tythes are in this place mentioned and supposed due . neither of one part of that which is here mention'd , namely , the first born , which is here c●mmanded to be given to the lord , is this the first mention ; but it was both mention'd and expresly commanded before , exod. . ● . while the people of isra●l were yet in aegypt : and in numb . . . the very day is assigned whereon god did appropriate this part to himself , and from which ( with reverence so to speak ) he dates his claim thereto : all the first born ( saith the lord ) are mine ; for on the day that i smote all the first-born in the land of egypt , i hallowed unto me all the first-born in israel , both man and beast , mine they shall be , i am the lord. here 's the time preci●ely s●t down , here 's the day expresly mention'd , on which god did sanctifie the first-born to himself , on which ( and not till which ) he assumed to himself a peculiar right to the first-born distinct and separate from the rest , which yet was above four hundred year● after abrah●m's gift to melchizedec . let the asse●tors of the divine right of tythes , shew as plainly ( if they can ) when god did appropriate to himself the tythe or tenth part , distinct from the other nine , before the time of the levitical priesthood , for whose maintenance he then appointed it . can it with any colour of reason be supposed , that he who so precisely and punctually set down the very day whereon he chose to himself the first-born , which related but to that typical state of the iews , would have given no hint , nor left any footsteps at all of his right and claim to tythes before the constitution of the levitical priesthood , if he had indeed sanctified them to himself before , and intended them to be continued after the dissolution of that priesthood , for a maintenance to his gospel-ministers ! § . . the priest sayes , pag. . though god have a right to the tenth part of our substance , yet he cannot be his own receiver : so that we are to enquire who must be gods receiver , and for that , even reason will teach us , that what is due to the master , ought to be paid to his next and immediate servants , that is , to his priests . what he is not able to prove , that he is willing to take for granted . i acknowledge that god , who is lord of all , hath a right to all our substance , and may command and dispose the whole , or what part thereof he pleaseth : but that god hath a distinct right ●o the tenth , more then to all or any of the other nine parts , and that by the law of nature , anteced●●t to any positive constitution ; as this ●riest makes the assertor● se●tors of the divine right of tythes to ass●rt , is more then i have yet seen proved either by this , or any other of the assertors of the divine right of tythes , that i have hitherto met with . and till this be proved , 't is needless to inquire who should be the receiver : though even in that also , the priest falls short , taking that to be a dictate of reason , which right reason did never dictate to him : for what is due to the master , ought to be paid to such of his servants , a● he appoints to receive it , whether they be his next and immediate servants or not : for it is not their being next unto him , that doth authorize them to be his receivers , but his deputing them unto that service . again he sayes , pag. . abraham , in paying his tythes ( which were gods part ) unto melchizedec the priest of the most high god , did confirm this dictate of reason , &c. what else is this but begging the question , and that twice in two lines . he supposes abraham paid his tythes ( which the scripture no where saye● he did ) and that tythes ( as tythes , as a distinct part ) were then gods part , ( which the scripture no where 〈◊〉 they were ) and if this would be granted him , he would then infer that melchizedec had indeed a right to tythes , and perhaps also that from him a right to tythes might be derived to a gospel ministry . but he runs too fast to hold that of which he is willing to make no question , is the main question in this part of the controversie , namely , whether in abraham's time , and antecedent to any positive constitution , tythes as tythes , or a tenth part distinct from the rest , was any more gods peculiar part , then the other nine : and whethers abraham in giving ( as the texts express it ) the tenth of his military spoils to melchizede● , did pay a just debt to melchizedec , which he could not without injustice have with-held ; or whether that gift of abrahams was a grateful acknowledgment , and voluntary ●eturn of kindness to melchizedec , for his so friendly congratulation , fatherly blessing , and bountiful present of bread and wine to himself and his weary followers : this is indeed the sum of the matter , the very thing on which ( and which alone ) a claim of tythes from melchizedec to any others , can with any reason be supposed to turn . and if my opponents , either first or second , would stick to this , and ( though but for a while ) deny themselves the pleasure and delight they seem to take in railing and reviling , deriding and jeering , insulting and boasting , disdaining and scorning ; and would apply themselves to mannage this argument with that gravity & seriousness that becomes the subject , i should not doubt to see this case brought to a speedy and fair issue . but then i should expect to meet with more forcible arguments , more cogen● reasons , more evident proofs , and plainer demonstrations then suppositions , conjectures , probabilities , likelihoods , and may-be's ; and that which is a p●orer way of reasoning then all the rest , and is indeed too low and mean by much for such lofty pretences to learning and scholarship , as my adversary makes for himself and his brethren , viz. to put the defendent to prove the negati●e , as he has done me mor● then once , and more then conduces to the credit of his cause . as in pag. . i may ask him ( sayes he ) where he reads , that abraham did not pay them . and a few lines lower in the same page , t. e. cannot prove abraham did not pay tythes ordinarily , and i can make it appear very probable he did . but he hath so accustomed himself to call abraham's gift a payment , that forgetting himself , he brings me in as using the same phrase , as if i also admitted that , which i have offered to much reason against ; his words are these , pag. . so that t. ● . '● saying he doth not read in genesis that abraham paid his tythes constantly , is no argument , &c. but where doth t. e. say this ? he quotes no place , no● indeed had any to quote ; for i no where said so ; but he hath put a double abus● upon my words , first , in making me to say i do not read in genesis , &c. as if i had limitted the story of abraham and melchizedec to the book of genesis only , or had allowed no evidence for proof of this pretended right to tythes , but what could be found in genesis : and accordingly he playes upon me , t. e's saying he doth not read in genesis , — is no ●rgument , unless all that abraham ordinarily did were recorded there . ( to wit , in genesis ) and , i may ask him where he reads there ( to wit , in genesis ) that abraham did not pay them , pag. . whereas my words were general , we do not find throughout the scriptures , ( which is more the● in genesis only ) any command from god , that tythes should be paid unto melchized●c , pag. . and if tythes had been due from abraham to melchizedec , then must abraeham have paid melchizedec tythes of all his substance , of all that he possest : but no such thing appears at all , pag. . what pretence could the priest have to thrust in genesis here ! but his other abuse in the latter part of the sentence is somewhat more gross . t. e's saying , he doth not read that abraham paid his tythes constantly , is , &c. these words are not in my book , but are a meer artifice of his own , to insinuate as if i had yielded that abraham paid tyth●s at that time , upon that extraordinary occasion , and had only seem'd to doubt whether he paid them constantly or not : whereas nothing 〈◊〉 more plain , then that i all along deny that abraham over paid tythes at all . this is an art this priest is expert at , but i 'll assure him 't is a black one , and will never credit him or his cause . he served me so once or twice before , in his . page , quoting me thus , tythes were wont to be claimed as of divine right , but i find this priest is not hardy enough to adventure his cause upon that title . whereas my words are not , i find this priest is not hardy enough ; but i do not find this priest hardy enough . which variation how small so ever it may seem to some , yet as illiterate as he takes me to be , i understand the different sense of those two expressions , and how little he is to be trusted ; which i am the more confirm'd in from his next period , where speaking of me , he sayes , he perswades his quakers , that they who were wont to claim tythes d● jure divine , were more bold then wise . these words were not in my book , but a suggestion of his to abuse me ; for which ( whatever i think of others ) i have cause enough to think him more bold then honest . nor has he only gleaned on this passage , but insisted deliberately on it , and presented his false suggestion to the highest advantage he could make of it . for he sayes , let us therefore see who and what they were whom t. e. thus cens●res : truly no less ( sayes he ) then origen , cyprian , s. hierom , s. augustin , divers christian councils of old , justinian , and the imperial roman laws , charle● the great , and the french capitulars , the saxon kings and councils of this nation , & all monarches and parliaments of later times , particularly k. henry . & edward . together with the most famous common lawyers , as also the unconcern'd and incomparably learn'd sr. hen. spe●man , with divers other excellent writers , two many to recite . these were too many to have recited , unless he had had more cause for it : at this rate , he may father what falshoods he pleases upon his adversary , and then call him an obscure and empty qu●ker , as he does me ; but he may withal assure himself , he shall never by this means acquire the repute of a just man , or a fair d●sputant . § . . he sayes , pag. . t. e. is very impertinent in inquiring what command there is in scripture to abraham to pay his tythes to melchizedec : for there was not any scripture at all in abraham's time . no doubt he thinks every body impertinent that calls in question his beloved tythes . but wherein doth the impertinency lie ? i hope a divine command for the payment of tythes had not been impertinent to his claim . i am sure a human command for the payment of them now is the most pertinent point he has to claim by ; and that his brot●er priest understood full well , which made him step so lightly over the former , and stick so close to the latter . but i am impertinent it seems for inquiring for a command in scripture . where else i wonder would he have had me inquire ! is any other book so pertinent as that to seek a divine command in ? aybut , sayes the priest , there was not any scripture at all in abraham's time . if he means that writing is not so ancient , he forgets himself ; but if he intends that the scriptures we now have , were not then written ( which is more probable ) that will not render me a whit the more impertinent for inquiring what command there is in scripture to abraham to pay tythes , since we find in scripture many commands are mentioned , which were of a much elder date then the ●criptures in whi●h we read them . there was as much scripture to be sure when abraham gave this gift to 〈◊〉 , as t●ere was before when he was called out of his country , when circumcision was instituted , and when 〈◊〉 , t●e heir of promise , was made an offering : and yet for every of these ( and many other 〈◊〉 besides ) we have express command recorded in those scripture● , which afterwards were written . nay , if we will look back to the times before the flood , we shall find a command to noah for the making of the ark , g●n . . . and indeed the first command that ever was given to man , is plainly and fully exprest in gen. . , . and must i needs be impertinent in inquiring what command there is in scripture to abraham to pay tythes , and that upon this only reason , that there was not any scripture at all in abraham's time ! if no command at all had been remembred in scripture of elder date then the scripture it self , or then this act of abraham's , this exception of the priest had been less impertinent : but seeing , even from the very infancy of the world , the divine commands are recorded , and more especially in so many particular instance ; in abraham's own time , and to abraham himself , whether is more impertinent , i in calling for a command in s●ripture to prove melchizedec's right to tythes , or the priest in sobbing me off with this evasive answer , that there was not any scripture at all in abrah●●m's time , let the understanding reader judge . he confesses moses indeed did write a brief history of those times four hundred years after : but since he comprises the 〈◊〉 of two thousand three hundred years in one book of genesis , it cannot be expected he should set down all particulars ; nor in all the actions of the patriarchs , shew what reason they had for , o● how they we●e directed in such an action , pag. . though it cannot be expected , that in so brief an history moses should set down all particulars , or shew what reason the pat●iarchs had for , and how they were directed in all their actions : yet in an action of so great moment as this is made , from which so large a claim and weighty title is derived , it may reasonably be expected he should have been more particular , full and plain ; and would no doubt have been so , had the divine wisdom , by which he writ , intended tythes to be a gospel-maintenance , and to be claimed from hence . how many other passages , which seem to be less material , doth he insist more largely on , as the des●●iption of places , the names of rivers , mountains , towns , & c ? how exact is he in setting down the fashion and dimensions of the ark , ●ow punctual in computing the time of the flood 's beginning , increase , continuance and decrease , not contenting himself with the year only , or with the moneth , but adding even the very day ? ●nd when he comes to abraham's ●ime , he gives the very circumstances of the things he treats of , as in 〈◊〉 account of his going into aegyp● , and what be●el him there , gen. . his parting with lot , and the occasion thereof , chap. . the memorable battel fought in the vale of siddim , between four kings and five , the occasion of that war , the names of the kings on either side , and of the place where the battel was pitcht , twice over , the success of the ●ight , the plunder of sod●m , and l●t's captivity , abraham's muster , pursuit , and rescue , gen. . in every of which he is more particular then in this passage of abraham's giving melchi●edec tythes ; which as it was done upon an accidental occasion , so moses runs over it , as briefly as may be , giving it only a transient touch : and indeed , the whole passage seems to be but a kind of parenthesis ; for in the th verse moses says , the king of sodom went out to meet abram ( after his return from the slaughter of chedorlaomer , and of the kings that were with him ) at the valley of shaveh , which is the king's dale . then in the next verse , he mentions melchizedec ; and melchizedec , king of salem , brought forth bread and wine : and he was the priest of the most high god. vers. . and he blessed him , and said , blessed be abram of the most high god possessor of heaven and earth . vers. . and blessed be the most high god , which hath delivered thine enemies into thine hand . and he gave him tythe of all , vers. . this is the full and whole account which moses gives of this matter ; and then immediately in the next words resumes his discourse of the king of sodom , vers. . and the king of sodom said unto abram , give me the person● , &c. what could he have said less ? how could he have mention'd this passage of abraham's giving tythes in fewer words , and with less remark ! which cannot reasonably be imputed to the brevity of his history , by any one that shall duly consider how copious he is upon other subjects , setting down at large even the smallest circumstances , as besides the former instances , will plentifully appear in the story of abraham's servant fetching a wife for isaac , gen. . of iacob's suppla●ting his brother , chap. . of his service with laban , chap. , , . to omit the story of ioseph's being sold into aegypt , and what be●el both him and his brethren there . but this is an art the priest hath , to perswade his reader there is more in this passage then the brevity of the history would give room to express . the history was written by moses , who was inspired thereto by god , and as it is irrational to imagine that this passage of a●braham's giving tythes to melchizedec , would have been past over so lightly , and left so bare , if it had had relation to future ages , & that in the times of the gospel , a right to tythes was to be derived from hence ( as the author of the friendly conference says it is , pag. . ) so it is great impiety to suggest that any thing was here omitted , which it was necessary for the church of god to know and understand . the spirit of god hath said expresly , abraham gave tythes of all . the spirit of god hath said expresly , it was the spoyls which abraham gave the tenth of , heb. . . and who is man , that he should take upon him to add or alter ! darest thou say he pa●d , when god says he gave ! darest thou say , it was of his own substa●ce , when god says it was of the spoyls ! darest thou say , he did this ordinarily , when the spirit of god hath thought fit to mention this one only extraordinary time ! add thou not unto his words , lest he reprove thee , and thou be found a lyar , prov. . . § . . but he says , p. . to give and to pay is all one in this case , or else the apost●e was over-seen , who not only saith he gave the tenth , heb. . . but , levi paid tythes in abraham , vers. . neither is to give and to pay all one in this case , nor yet was the apostle over-seen : for the apostle most properly accommodates his speech to the several times it had relation to . when he speaks in vers. . of abraham , in whom it was a free and voluntary gift , he uses the word gave , as moses had done before him ; but when in vers. . he speaks of levi ( whom he figuratively mentions , with an [ as i may so say ] for he speaks not personally of levi himself , but of his off-spring , the levitieal priest-hood who received tythes which levi never did himself ) then i say , refering to the time of the law , in which god had commanded the payment of tythes , he expresses himself by the word gave . so that it is manifest he varied his expression according to the persons he treated of , and the different times his speech had relation to . when he speaks of abraham , who lived before tythes were commanded to be paid , he sayes he gave , vers . . but when he speaks of the levitical priest-hood , who lived after tythes were commanded to be paid , he alters his phrase , and sayes he paid , vers . . abraham gave , levi paid , which distinction the apostle needed not have used , had he understood ( as this priest does ) giving and paying to be all one in this case . it is very proper ( he sayes ) to say , we give a man that which is his due , pag. . that must be understood in such cases only , where the due is altogether certain and unquestionable , such as are the instances he has given of david & hez●kiah , one whereof saith , give unto the lord the honour due unto his name , psal. . . the other commanded the people to give the priests their portions , chron. . . neither of which admitted any doubt , since every one knew that honour was due to the name of the lord , and none could be ignorant that tythes were due to the priests , then the law of god expressly speaking it . but in a case of so great ambiguity as this claim of tythes from melchizedec , which is so utterly void of all certainty , that the very terms it is exprest in , must confirm at least , if not constitute a title to the thing claimed , to express a due , by the word give , would be not only not very proper , but very improper and obs●u●c : so that what he sayes , pag. . that the word give in genesis . doth no more prove tyt●es were not due to melchizedec , ●ure divino , th●n the same in chronicles proves they were not due to the levites , jure divin● , will not hold . the disproportion between me●chized●c's case , and that of the levites , is too great ; unless he could shew as plain a command for the former , as he knows can be brought for the latter . the word give in chronicles , doth no way prejudice the levites right , because it was undeniably grounded upon an indisputable command : but the word ●ive in gen●sis doth greatly prejudice the pretended right of melchizedec , because there is no command in scripture , from which such a right might be derived . after the same manner argues the other priest in his vindication of the conference , pag. . urging for an example the words of ioshua , chap. . ver. . [ my son , give glory to god ] which being the same with that of david , psal. . . is answered in that . but he seems to take it a little ill , that i took no notice of a greek word he had in his margin , conference , pag. . viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which he ●enders he●ithed abraham ; and sayes in his vindication , pag. . now since t. e. pretends to understand greek , and this passage being in my book , how came he to pass it by ? i passed it by as believing it to be of no moment at all ; since if i should allow him even his own rendition , [ he tythed abraham ] it imports no more then [ he received tythes of abraham ] as both beza's latine , and the vulgar english have it , heb. . . beyond which sense if he would strain it , the word will not bear it : verily , it is an argument of a very weak cause , when men are put to such hard shifts , as to squeez a title out of one perticular and extraordinary action , and are ●ain to strain the words also , whereby that action is exprest , to give some countenance to their claim . but blessed be god , the holy ghost hath hedged them out , and either through propriety of speech , or divine providence ( let them grant which they please ) hath so worded this transaction , that in both those texts where it is spoken of , there is no mention at all of due or payment with relation to abraham , but altogether of giving . thrice over it is said , he gave , gen. . . heb. . . and . but never that he paid . § . . to prove , that tyt●es were accounted due in this period before the law , he urges , the practise of certain of the heathens giving tythes to their gods ; whereof some seem more perticular , some more general . the more particular instances are , of the tyrians and carthaginians , the in●abitants of the island syphnus , and the romans . the more general are of the greeks ; for which he cites dydimus the grammarian , and of all heathens in general , for which he quotes paulus diaconus . 't is true , dydimus sayes , it was a greek custome to consecrate the tenth of their gain to the gods : but how that saying of his to be understood , selden in his history of tythes , c. . well observes , 〈◊〉 ( sayes he ) those grammarians mean ( for he mentioned suidas also ) that all men paid their tythes in greece , and that of every kind of their spoils or abundance , they deceive much , and are deceived : you must understand them as speaking of what was sometimes , and by vow , or special thanksgiving done . the other out of pa●lus diaconus , which sayes , the ancients offered all their tenths to their gods ; is rejected both by scaliger and selden also , who shew that paulus ( epitomizing sext●s , pompeius eestus , to whom this saying is originally ascribed ) has mangled and corrupted the place , and he is severely lash't for his pains by them both , especially by scaliger , whose words are , vide quantum ●uris barbarus ille sibi sumpserit in hoc loco mutiland● ! i. e. see what authority that barbarous man takes upon him in maining this place . and further calls him home con●identissimus ac ineptissimus . a most confident and foolish man. and selden sayes plainly , if it be understood of tythes used to be given by all , or of all things , it is false . nor did that learned man stick to draw an argument against this opinion from scripture silence , scripture i mean , not sacred , but prophane , the writings namely of a learned heathen ? had the offering of tythes ( sayes selden in his history of tythes , pag. . ) been usúal of yearly increase ; cato , that in his de re rustica , hath so fully the ceremonies of sacrifices to be used by the husband-man in his harvest , had never omitted it . whence by the way observe that argument from scripture silence , though prophane has been held good by men of learning , although this priest , to avoid the stroke of it , sayes it is not valid right of tythes , pag. . but to the testimonies brought , all acknowledge that some of the heathens did at some times , and upon some occasions , vow , give , and consecrate tythes to their deities : and seld●● proves it was no otherwise : nay , he instances in some ( the locrians ) who gave not a tenth , but a ninth part , c. . s. . and diodorus siculus tells us , ( l. . c. . ) the egyptian priests had the third part of the revenue of the kingdom . from all which we may gather that these heathenish oblations and consecrations were neither general in point of place , constant in point of time , nor certain in point of quantity . then for the ground of their thus doing , if it be ask't whence they learnt it , the priest himself answers , it was propagated by tradtion among the heathens , right of tythes , pag. . again , which therefore we must believe they had by tradition from the first patriarchs , pag. . that they received it by tradition is probable enough , though not from the first patriarchs , who are no where in holy writ , remembred to have paid tythes . but from the iews , by whom tythes were preceptively and constantly paid , there is reason sufficient to perswade they might learn it . and so it seem'd to selden , the payment of the tenth ( sayes he , c. . pag . ) very likely came to them ( the arabians ) from the use of it among the jews , their neighbours , as also to the carthaginians from their ancesters the paenicians , that spake the same language ●ith the jews , and converst most with them . now if the gentiles practised it in imitation , and by example of the iews , what relation has their practice to this first period , or time before the law ? but whether it be more reasonable to think , that the gentiles received it by tradition from the first patriarchs , by whom we never read that tythes were above once actually given , and once vowed to be given , or from the iews , by whom they were constantly and publickly paid , i leave to the readers judgment , and will conclude t●is paragraph with what concludes the review of selden's chap. . pag. . where having shewed that the pelasgi in vmbria sacrificed the tythe of their children to apollo , see now , sayes he , ( when you truly know the ancient tything among the gentiles ) how well they conclude here , that draw an argumen● from the general law of nature or nations , as if by that law any such use of payment of tythes had been established amongst them , as was continual or compulsory . § . . in my answer to the former priest , p. . amongst other reasons which i offer'd to prove that tythes was not a proper debt , or just due from abraham to melchizede● , this was one , that if tythes had been due from abraham to melehizedec ( according as they are now demanded , which must be proved before a divine right to them , as they are now demanded , can be derived from melchizedec ) then must abraham have paid tythes of all his substance , of all that he possest . but no such thing appears at all . we do not read that abraham gave him tythes of his own estate ; but that which he gave him the tenth of was the spoyls which he had recover'd from the kings that had plunder'd s●dom . to this the author of the right of tythes thus answers , p. . that was an extraordinary occasion , wherein abraham having got a victory by god's blessing , did give to god the tenth of all he had now gotten ; as in all probability he was wont ordinarily to do , of all that he got by god's ordinary blessing ; only this ( as more especially remarkable ) is recorded in this short history . seeing this was an extraordinary occasion , he should not urge it for a president , much less lay so great a stress upon it as he does . let him read what his brother priest sayes in page . of his conference , when any text ( says he ) hath a r●lation to a particular case , that text must not stand for a general rule , but must be apply'd to a like occasion ; for its a most grand falla●y to draw an universal conclusion from particular premises . now these texts in gen. . and heb. . ( wherein abraham's gift to melchizedec is mentioned ) ●ave relation to a particular case , to an● extraordinary occasion , as the priest himself says , therefore th●s● texts must not stand for a general rule ; but if he will apply them at all , he must apply them to a like occasion , to wit , a military expedition , wherein some notable victory is in an extra ●rdinary manner obtained , as this was ; not 〈◊〉 them for a general rule : for according to his brother's position , it is a most grand fallacy , from particular pr●mises , as this gift of abraham upon an extraordinary occasion was , to draw an universal conclusion , that abraham ordinarily did pay tythes , and that christians now must . thus then he is pincht off of his extraordinary hold , by his own dear sir , the author of the ●riendly conference . and for what he talks of abraham's giving the tenth ordinarily , he hath far less ground then for the former ; for in the former , ( viz. that abraham on that extraordinary occasion did give and melchizedec receive ) he may as to fact be positive , though not as to intention : but in the latter ; ( viz. that abraha● did ordinarily give the tenth of his ordinary increase ) he can be but suppositive at most . his arguments and reasons are may-be's and likelihoods , and his proofs but probabilities , strongly inforced with this notable demonstration , that it is not said in scripture abraham did not pay them , and that i cannot prove the contrary , pag. , . will he take it then for granted that abraham did whatsoever i cannot prove he did not ? that would be pretty indeed . after the same manner the other priest also argues ( in his vindication , pag. . ) where to my saying , had tythes been due to melchizedec , then must abraham have paid him tythes of all his substance , &c. he replies , we know nothing to the contrary but that he did so ; and i ●an affirm the one , as well as he deny the other . is this like a disputant ? it is enough for a respondent to deny : but is it enough for the opponent to affirm ? he says else-where in his conference , p. . it is the opponent's part to prove . that is somewhat more i think then bare affirming . and the maxime is , affir●●●ti incumbit probati● ; i. e. he that affirms must prove . but ( in his vindication , pag. . ) he adds , that the spoyls were in strictness abraham's own estate , having obtained them with the hazard of his life , in a iust and righteous war. this is indeed a pretty fetch ; yet so plain and manifest a fetch , that it will not stand him in any stead . whether the spoyls were strictly abraham's own estate by the law of arms , i will not undertake to determine ; especially since it appears by the story , that aner , eshcol and ma●re were his con●ederates , and ran equal hazard of their lives with him in the same war , and that he took not upon him to dispose of the whole ( although to the king of sodom , from whom it was taken ) but l●●t his confederates to dispose of their own shares as they saw good , gen. . ● , . however , whether it was in strictness his own estate or no , to be sure it was not his own estate in that sense wherein i spake it , and wherein tythes are now demanded . so that his urging this here , is altogether beside the business , and at best but a shew of an answer . but he carps at my saying , the occasion of abraham's thus giving the tenth of the spoyl to melchizedec seems to be altogether accidental . this seems to him to be a meer trifle ; and he says , ( vindication , pag. . ) as meer an accidental passage as the quaker would have this to be , yet the apostle draws a solid argument from thence . what then ? may not a solid a●gument be drawn from an accidental passage ? let any one considerately read the place ( in gen. . ) and see if he can find any ground to believe either that abraham came thither with an intention to pay tythes , or that melchizedec came thither with an expectation to receive tythes : and not rather , that melchiz●dec understanding abraham's success and return , went forth to meet him , and congratulate his victory , bringing with him a present of bread and wine , to refresh him and his soldiers after the fight : in requital of which noble and princely present abraha● gave him the tenth of the spoyls . § . . the author of the right of tythes finds fault with my arguing , because it is negative , and says , p. . my n●gative arguing is of no more force , then it would be if i should say , those ante-diluvian patriarchs , did nothing else while they lived but beget sons and daughters , because no more is recorded of many of them , gen. . negative arguing i thought had been proper for him whose part it is to deny ; as it belongs to him to prove , who undertakes to affirm . but waving that , i thu● answer to the substance of his objection . although the patriarchs before the flood did doubtless somthing else then beget sons and daughters , yet nothing that they did which the spirit of god thought ●it to pass by unrecorded , had any relation to future times , or was to be exemplary to the church of god in after ages . the like concerning abraham . 't is not to be doubted but he did more then is recorded of him . but that then , whatsoever it was , had no relation to future times , nor was to be exemplary to the church of god in after ages ; for if it had , the spirit of god , who recorded what is written , would not have omitted that . so that take it which way he will , this dilemma will attend him ; either that abraham did not pay tythes ordinarily , and so there was nothing of that to be recorded , or that if he did pay tythes ordinarily , his so doing had no relation to future times , nor was to be exemplary to the church of god in after ages , and therefore was not recorded . hence then , i hope , my negative arguing ( as he calls it ) will appear to be of ●ufficient force to prove , that a right to tythes now cannot be grounded on , or derived from any act that abraham did , which the divine spirit did not think fit to record : for what the priest says in another place , pag. . express● nocent , non expressa non nocent , i. e. those things that are expres● hurt , those things that are not exprest hurt not , is very true , if it be rightly apply'd . but as they hurt not him against whom they are urged , so they help not him by whom they are urged , which he should have done well to have consider'd . i 'll therefore invert his axiom ( which holds as true the one way as the other ) and present it to him again ; express● 〈◊〉 , non expressa non prosunt , i. e. those things that are exprest do help , those things which are not exprest do not help . all his pretences then of abraham's paying tythes ordinarily ( how oft soever he repeats them ) not being exprest , but leaning on conjecture , do him no good at all ; they cannot help him , nor stand him in any stead . § . . in his next section he is offended with me for saying , tythes could not be due to melchizedec upon a right ●ounded in natural justice and equity ; my words ( p. . ) are these , he cannot plead tha● tythes were due to melchizedec upon a right founded in natural justice & equity , since there was not in those days any setled publick worship , wherein he could perform any outward priestly office or service , for which tythes might have been a compensation . he in the reciting of this sentence , leaves out the words outward service , that he might have the more room to strike at me , and call me ( as he does pag. . ) a poor quaker , as bold as blind , saying , that i have exposed my self to the scorn of all knowing men by this absurd position . if the position appear absurd , it is he that hath made it look so , by mangling it . but as it stands in my book i am not ashamed to own it . and if he or any other can shew me what settled publick worship there was in abraham's dayes , in which any outward priestly office or service was to be perform'd , for which tythes might have been a compensation , i will acknowledge him to be a knowing man indeed . he says , he might confute this position from that place of gen . ● . then began men to call upon the name of the lord ; which must ( he says ) be meant in publick ; for in private they did it before , ibid. methinks his copious reading should not suffer him to be ignorant of the various judgments of learned men concerning this text , whether it should be rendred . then began men to call upon , or then began men to prophane the name of the lord ; i think it not safe for me to exercise my small schollarship in the disquisition . let it suffice for my little reading to observe , that hierom reads it not in the plural ( as our english translation is ) then began men to call , &c. but in the singular of enos , iste caepit invocare nomen domini , he ( enos ) began to call upon the name of the lord. and pagnine , though he turns the text , tun● caeptum est ad invocandum in nomine domini ; yet adds in the margin , invocari nomen , vel pollui , i. e , to call upon or pollute the name , &c. but tremellius and iunius read it down-right prophane , tun● caeptum est profanari in invocando nomine domini , i. e. then began men to prophane in calling upon the name of the lord ; to which genebrard , brought●n , and others assent . and indeed the sequel of the story shews those times more inclined to prophanene ● then piety , for in all those six generations between enos and noah , we find but one man , enoch only , that is said to have walked with god , gen. . and in the th and th chapters we read , the wickedness of men was grown to that height , that god repented he had made man , and by an universal deluge swept all mankind away , excepting only noah and his family , which were in all but eight souls . all which being duly weighed , i leave it to the judicious reader 's consideration , whether in those times there was any settled publick worship , wherein any outward priestly office or service was to be performed , for which tythes might have been a compensation . but he argues , that melchizedeck did perform god's publick worship solemnly and constantly at salem ; and by that had a right founded in natural iustice and equity , to receive tythes from all within his iurisdiction . and this he infers from moses ' s calling him the priest of the most high god , from st. paul's making him a type of christ's priesthood , and from his fixed residence at salem , p. . this has indeed as fair an appearance as any of the probabilities he has yet brought forth ; yet this will not do his business . for here is not in all this any mention of any settled publick worship , wherein he could perform any outward priestly office or service , for which tythe might have been a compensation . no such thing is here exprest ; and according to the axiom which the priest himself uses ( pag. ) non express● non nocent , those things that are not exprest , do not hurt . besides , his being called the priest of the most high god , doth not necessarily inse● an exercise of such a settled publick worship as my words import , which had relation to external 〈◊〉 and ceremonies , as the word [ outward servic● ] in my book ( which the priest left out ) do plainly evidence ; so that he might well enough be called the priest of the most high god , and yet have no such outward priestly office or● service to perform in any settled publick worship , for which tythes might have been a compensation . and indeed , my opponent himself , describing mel●hizedco's worship , doth sufficiently shew it was of another kind then what my words had relation to . for he says , pag. . his worship was altogether spiritual , praising god , praying for abraham ; offering no bloody sacrifices , but only bringing forth bread and wine . so also says sparrow in his rationale of the common prayer , pag. , . melchizedec had no other offering that we read of , but bread and wine . whereas it is plain my words aimed at such a settled publick worship as co●sisted in external services . but sure he doth not think that melchizedec did pray for abraham and bring out bread and wine constantly at salem : for that he ever did either the one or other constantly , or any more then that one time , is not exprest , not likely . then for his having a fixed place of residence at salem , which is another part of my opponent's argument , upon which he grounds his question , what is a priest fixed in a city for ? it is to be considered , that his residence at salim is not mention'd with relation to his priesthood , but to his kingship ; he was king of salem , that was reason enough for his residence there . so moses calls him , gen. . . and so the apostle twice together , heb. . , . but neither of them called him priest of salem , much less affirmed ( as my opponent does ) that he had ● right founded in natural justice and equity , to receive tythes from all within his jurisdiction of salem , for praising god , praying for abraham , and only bringing forth bread and wine . § . . but my adversary , not content with melch●zodec's being the priest of the most high god , will needs have him to be abrahams priest in ordinary too , pag. , not considering perhaps , that himself had ●ot abraham ( according to st. hierom's computation , as he saith ) twenty two miles from melch●zedec , a distant somewhat of the largest for a priest in ord●nary ; and yet he placed them as near together as he could too . for though he sayes st. ierom compu●es the plain of mamre , which is hebron , where abraham dwelt , to be but twenty two miles distant from ierusalem , yet he should not be ignorant of the different judgments of the antients about the place ; some taking salem to be ierusalem , others not . and that hierom there delivers the opinion of others , not his own , which was far otherwise , viz. that salem and mamre were about eighty miles asunder , as selden notes in the review of the first chapter of his history of tythes , pag. . yet to countenance this conceit of his , that melchizedec was abraham's priest in ordinary ; he tells us what the iews think , viz. that melchizedec did continue to be the priest of abraham's family long after : for when 〈◊〉 twins strugled in the womb of rebe●●a , it is said , 〈◊〉 went to inquire of the lord , gen. . . that is ( s●yes he ) by s●m , say the hebrews , or by melchizedec , as others , pag. . . for the opinion of the hebrews , that she inquired by sem , he quotes lyra : and for the opinion of others , that she inquired by melchizedec , he quotes iunius and tremellius upon that place , which is gen. . . lyra i have not by me , but tremellius and iunius i have . and considering with my self how greatly he hath abused me in the mis-reciting of my words , i thought it would not be amiss to examine his quotation , and see whither he had dealt any fairer with them . but when i had turned to the place , and there read in the text , abi●t ad consulendum iehoram , and in the annotation upon it , per aliquem prophetam , fortasse soceram , qui idem di●itur propheta supra , . . i must confess i was amazed , and somewhat troubled , to think i had to do with one of so great confidence and so little honesty . for he affirms expresly that iunius and tr●melli●s upon this place say , rebe●ca went to inquire of the lord by melchizedec , whereas iunius and trem●llius upon this place make no mention at all of melchizedec , but say plainly , she went to inquire of the lord , by some prophet , perhaps by her husbands father ( which was abraham ) who himself is called a prophet before , in c. . who would have thought a man of his learning would have been beholding to a false quotation ! who would have suspected one of his abilities would have served one such a slippery trick ! did he think , because he had a mea● illitterate adversary to deal with , he might therefore quote anything without danger of discovery ? or did he hope no man of under●tanding would take the pains to read him ? o lucky man at least in this , that he hath not publisht his name with his book● which if he had , i am confident he would have exposed himself as fully to the scorn of all sincere and knowing men , by this forgery , as he fancies i have done my self by that which he calls an absurd position . but for my part , i shall wonder the less hereafte● at his unfair dealing with me , whom he calls a poor retailer and ●leaner , since i find even those men , whom i suppose he himself need not be ashamed to glean after , receive no better treatment at his hands . but concerning the question it self , whether rebecca went to inquire of the lord by melchizedec or some other ? not only the seve●ty , and epiphanus ( whom he makes to be mis-led by following their chronology ) but a●ias montanus , in his chronologia sacrae scriptura , and hugh broughton in his consent of scripture , make sem to be dead some years before rebecca's conception ; whose computations if we may credit , we must conclude either that m●lchizedec was not s●m , or ( which is more likely ) 〈◊〉 rebecca went not to inquire of 〈◊〉 her father in-law , abraham , being a prophet and at hand . § . . in his . page , he charges me with a gross mistake , in saying , i 〈◊〉 not find any one instance ( this single gift of abraha●'s excepted ) of giving or receiving tythes , in all that four hundred years between this time of abraham and the levitical priest-hood● for he sayes , there is a plain instance in holy iacob , gen. . . who made a solemn vow to give unto god the tenth of all his gains . if he would have convicted me of a mistake , he should have brought an instance of giving tythes , not of vowing them only . my words have respect to the 〈◊〉 of giving ; his instance to the intention chiefly : i was not ignorant that iacob had made a conditional vow to give ; nor did i question his performance of his vow : but i observed that the holy ghost had buried it in silence , not vouch●asing to record it for an instance . and thereupon i said , i do not find any one instance ( this single gift of ●braha●'s excepted ) of giving or receiving , much less of demanding or paying tythes in all that space , &c. which words of giving or receiving , demanding or paying have a manifest relation to the ultimate act or performance , of which the holy ghost hath not thought fit to leave an instance ; which silent omission of the holy ghost hath no reflection on iacob's integrity , but only argues that the thing it self was not by god designed for our example . but let him call this a mistake of mine , yea , a gross mistake , if he please , and thereupon exercise ( as he does ) the levity of his wit , and ease himself of a frothy jest , he can not thereby hurt me , whatever he may himself . i 'll therefore take the less notice of that , and apply my self to consider iacob's vow ; which not being mentioned at all by the former priest , i had no occasion to take notice of , in my answer to him . i find this vow of iac●b was made upon an extr●ordinary occasion , as well as that gift of abraham . iacob being afraid of rough esau , who had threatned to take away his life , was fain to leave his fathers house and country , and with his staff only to flee to padam aram to his uncle laban for refuge ; and being on his way benighted , he lay down on the ground to sleep , having no other pillow for his head then an heap of stones . in this distrest condition did the lord god appear unto him in a dream , and said , i am the lord god of abraham thy father , and the god of isaac : the land whereon thou liest , to thee will i give it , and to thy seed . and thy seed shalt be as the dust of the earth ; and thou shalt spr●ad abroad to the west , and to the east , and to the north , and to the south : and in thee and in thy seed shall all the families of the earth be bl●ssed : and behold i am with thee , and will keep thee in all places whither thou goest , and will bring thee again unto this land : for i will not leave thee , until i have done that which i have spoken to thee of , gen. . jacob hereupon awaking in the sense of gods presence , and seiz'd with fear at so wonderful an appearance , set up his stony pillow for a monumental pillar , and calls that place the house of god. and as the lord had freely , unrequested , made him so gracious and so large a promise ; so he again , in token of his thankfulness to god , freely and unrequired , did vow a vow , saying , if god will be with me , and will keep me in this way that i go , and will give me bread to eat , and rayment to put on ; so that i come again to my father's house in peace : then shall the lord be my god. and this stone which i have set for a pillar , shall be gods house : and of all that thou shalt give me , i will surely give the tenth unto thee , gen. . this is the vow , and this the occasion of making it ; which was both voluntary and conditional , voluntary , in being unrequired ; conditional , in depending on the performance of gods promise to him , as the conditional particle [ if ] demonstrates . had tythes been then a divine tribute , he needed not have vowed to give them ; justice would have obliged him to have paid them , whether he had vow'd or no. nor had it then been in his power to have made his obligation conditional ( as he did ) but tythes he must have paid , whether god had ●een with him , preserved him in his way , and brought him back in peace , or no. this vow of iacob's therefore , being spontaneous and altogether free , contributes nothing at all to the making up of a divine right to tythes . § . . another passage in my book that seems to gall him sore , is this , if tythes had been due to melchizedec , yet could not the clergy of this age derive any right from him to them , in as much as they are not of his priest-hood : to this he sayes , i hope t. e. will grant , that christ was of his priest-hood . and if he grant this , we must ask , whether or no his apostles were not his successors ? and then , whether we do not derive our succession from them ? pag. . that christ was of his priest-hood i grant , and that his apostles were followers of him : but that these priests are followers of the apostles , as the apostles were of christ , i deny ; and think it would be worth their while to prove . he sayes , melchizede● had th● same priest-hood with the ministers of the gospel . in some respects it may be called the same ; but what 's that to him , unless he also were a minister of the gospel ! he can produce ( he sayes , pag. ) the plain words of many fathers , affirming , that the present ministers of the christian church are of melchizedec's priest-hood . this is very smoothly and crustily worded to beguil an unwary reader , and make him believe the pres●nt ministers have the approbation of those fathers . what ministers i pray must the word present here be understood to relate to , the then present , or the now present ? if he intends the then present ministers , that lived in the several ages of those fathers ( as he calls them ) he plainly shuffles and evades ; for the question was not concerning them , but the clergy of this age expressly . but if by pr●sent he means the now present ministers , the clergy of this present age , what could he have said more absurd , as well as false , then that he can produce the plain words of st. hierom , chrysostom , augustine , epiphanius and theo●hilact ( the latest of whom has been dead well near a thousand years ) affirming that the present ministers ( t●e clergy of this age ) are of melchiz●dec's priest-hood . but seeing he leans so hard upon the judgment of certain fathers ( as he calls them ) whose plain words he sayes he can produce , but does not ; i will produce him the plain words of one , ( i will not say a father , but ) a great man in the english church , andrew willet , who in his synopsis of popery , fifth general controversie , pag. . sayes , it is great blasphemy to say , that every popish priest is after the order of melch●zedec . and a little after , the scripture maketh this difference between the priest-hood of aaron , and the priest-hood of melchizedec , that the priests of the law were many , because they were taken away by death : but christ's priest-hood is eternal , because he dieth not , heb. . . but if there should be many priests after melchizedec's order , there should herein be no difference at all . wherefore seeing ●●lchized●c's priest-hood only resteth in christ , and is not translated to any other , &c. thus willet , and to the same purpose said fulk before him . now if the priest● fathers have in plain words affirmed , that the present ministers of the chri●●ian church are of melchized●e's priest-hood ; the priest may do well to reconcile tho●e fathers with these doctors ( for so were these also st●led ) who so plainly affirm that melchizedec's priest-hood only resteth in christ , and is not translated to any other . but the reason i formerly gave why the clergy of this age are not of melchizedec's priest-hoods , seems to offend him more then all the rest . it was this , that melchizedec was not made a priest after the law of a carna● commandment , but a●ter the power of an endless life . but every one knows , that these men are made priests after the law of a carnal commandment . this has so nettled him , that he is out of all patience , sayes , my reason is ridiculous , that i have learnt to cant , that i am an idle and imp●rtinent man , that this is an impudent slander , that t. e. can prattle in scripture phrase , that i am a boasting quaker , and will not stick to say any thing , b● it never'so false and ●●reasonable . this is the language that this learned man ( who sayes he will not meddle with scurrility , because rail●ng is not reasoning , pag. . ) hath upon this occasion , for want of better arguments , ( or breeding , or both ) thrust in to help swell the number of his pages . but overlooking this , let us see what else he has to offer that looks at all like reason . he sayes , pag. . the apostle speaking of the jewish priests in that place ( heb. . . ) saith , they were made priests after the law of a carnal commandment , that is , according to moses's law , which consisted of outward and weak commandments , reaching only to the purifying of the flesh. now ( sayes he ) what an idle and impertinent man is this , to say , we are made priests according to moses's law , and that every one knows this ! o impudent slander ! are we bound to all the sacrificings , washings , and other levitical rights and ceremonies , at our ordination ? i will not here ( as justly i might ) retort his idle and impertinent epithets , nor yet his impudent slander but i will tell him , he seems very willing to mistake , that he might excuse himself from a direct answer . he charges me with saying , they are made priests according to moses ' s law. i no wheresay so , no where intend so : for indeed , i do not think their ordination so fairly grounded ; since all acknowledge the law of moses , though now abrogated , to have had a divine institution . i said , these men are made priests after the law of a carnal commandment . doth that necessarily imply moses's law ? may no law , no commandment be called carnal , but that which did bind to sacrificings , washings , and other levitical ceremonies ? that 's strange indeed ! nay , may not every law , every commandment , which is not spiritual , be properly enough called carnal , as carnal is understood in opposition to spiritual ? what though i used the apostle's phrase ? must that allusion tye my sense to the subject he was upon ? no such matter . he opposes the levitical priest●ood to melchizedec , aff●rming that they were made priests after the law of a carnal commandment , but ●e after the power of an endless life . i oppose the present priest● to melchizedec , shewing that these are not of his order ( though for tythes sake they pretend it ) in as much as he was made a priest not after the law of a carnal commandment , but after the power of an endless life ; whereas these men are made priests after the law of a carnal commandment : but it does not follow that this must needs be the same law by which the levitical priests were made , unless he thinks there can be no others . by what law then are the popish priests made ( out of which this priesthood sprang ? ) by what law are the turkish priests made ? i hope he will not say either of these are made priests by the power of an endless life ( as was melchizedec ) nor yet by the law of moses ; & yet by some law or other no doubt they were made : what will he call that law , spiritual or carnal ? let him call it as he pleases : i insist not so much on the names , as on the natures of things , nor regard so much words as matter . notwithstanding what he hath said the difference yet remains , the opposition is still as plain between melchizedec and these priests ; he was made a priest , not after the law of a carnal commandment , but after the power of an endless life : these are made priests , not after the power of an endless life , but after the law of a carnal commandment ; which plainly shews they are not of his order , and so cannot derive any right to tythes from him , if tythes could be proved to have ever been due to him . he goes on , ibid. 't is evident we are not priests according to that carnal , outward , changeable , levitical law. neither did i say ye were : but are ye not priests according to a carnal law , an outward law , a changeable law , though not according to that very levitical law ? but ( says he ) we are priests according to the law of the gospel , whose eternal duties have in them the power of an endless life . what a quaint device is this to avoid the force of a text ! was not the scripture-phrase plain & pertinent enough ? or did it not suit his purpose ? were he indeed a priest after melchizedec's order , he need not have used this variation . had he been made a priest by the same power of an endless life , by which melchizedec was , the same words would have very well served to have exprest the same thing . but he being conscious to himself that he came to his priesthood by another way , boggles at the text , and instead of the power of 〈◊〉 endless life , puts in the law of the gospel ; which the more to cover from the reader 's observation , he mis-cites my words also , making me say , melchizedec was made a priest after the law of an endless lif● ; whereas my words ( agreeing with the text ) are , he was made a priest after the power of an endless life , pag. . this power of an endless life is a heavy stone to all these carnal man-made priests ; and therefore they struggle to get from under the weight of it , and endeavour to put it from them , as we see in this priest , who thrusts this power from himself , and places it in the duties . he durst not say the power of an endless life bad made him a priest : but he says , he is a priest according to the law of the gospel ( in which he speaks falsly also ) whose eternal duties , says he , have in them the power of an endless life . if he has this power no nearer him then in the duty , by what power then shall he perform the duty ? how vast a difference is there between these priests & those whom these pretend to be suc●essors to ! paul was an apostle not of men , neither by man , but by iesus christ , and god the father , gal. . . he did not turn the power off from himself to the duties of the gospel ( as this priest does ) but he declar'd he receiv'd the gospel it self , and his apostleship or ministry therein , by the revel●tion of the son of god ( christ , the power of god , cor. . . ) in him , gal. . , , . the priest adds , and as this law must never change , so neither must our priesthood , but , like that of melchizedec , shall endure forever . the law of the gospel is indeed unchangeable , and so is melchizedec's priesthood ; but the changeableness of these priests and their priesthood is an evident token that they are not priests of his order , nor made according to the unchangeable law of the gospel . how many turns and changes has here been amongst them within little more then the last century ! one while a popish priesthood , another while a protestant , then popish again , anon a protestant ; and in later times , among the protestants by themselves , one while an episcopal priesthood , by and by a presbyterial , anon an independent , and now an episcopal again . is this the unchangeable priesthood he talks of , that , like melchizedec's , shall endure forever ! methinks the remembrance of former times should convince him of his weakness . if this man himself was not then a changer , and trudg'd with his lamp that way which he saw the oyl was likely to run ( which the concealing his name gives cause to suspect ) i would ask him , where he , and the priests whose cause he advocates , were blessing and bringing forth their bread and their wine between twenty and thirty years ago , when a common-prayer priest was rare to be seen . he goes on thus , and as we bear the same office with him ( melchizedec ) and do the like work , we deserve the same reward , and may expect tythes as well as he , pag. . i do not find he ever expected any . however , since these priests pretend to bear the same office with ●elchizedec , it will not be amiss to observe what they themselves make his office to be . this priest says , p. . his worship was altogether spiritual , praising god , praying for abraham , only bringing forth bread and wine . sparrow bishop of exon , in his rationale of the common-prayer , says much-what the same , melchizedec had no other offering , that we read of , but bread and wine , p. . now if this was the office of melchizedec , and these priests pretend to bear the same office with him , how comes it to pass that they have so much other work to do , as marrying , burying , sprinkling , churching of women , and much more , which it doth not appear melchizedec did at all concern himself with ? surely , either their office is larger then melchizedec's and so not the same with his ; or else , they go beyond their office , when they intermeddle with these matters . but however , he says , they do the like work as melchizedec did . his work was to bring forth bread and wine , which he did frcely like a king , not putting abraham to the charge to pay for it . but these bring forth neither bread nor wine , but put the people to the charge to buy them ; and if any be left , though the people pay for it , yet the priests will be sure to have it . and he not only presented abraham with bread and wine , but he blessed him too , before abraham gave him the tythes : but these priests are ten sold forwarder to curse then to bless , especially if it be in a case of tythes , as the numerous excommunications witness . nor are they content with cursing only , but many a godly conscientious man's life have they taken away by long and hard imprisonments , and many an honest industrous family have they ruined by their frequent rapines . is this like melchizedec ? surely no ; it more resembles those blind watch-men , whom the prophet isaiah inveighs against , chap. . who all look't to their own way , every one for his gain from his quarter : and those false prophets , against whom the true denounced the judgment of god , that bite with their teeth , and cry peace : and he that putteth not into their mouthes , they even prepare war against him , mi● . . . in whose natur● and practice these being so apparently found , may justly , expect the same reward that those blind watch-men and false prophets received . i have now attended him through his first period , the time before the law , and i hope have sati●fied the r●a●er , that nothing he hath produced from thence can warrant him any right to tythes . in 〈◊〉 foregoing discourse upon t●is period i have shewed , that there is no command ex●ant for the paym●nt of tythes before the levitical law ; that it is not at all absurd , but altogether reasonable and ●ust , to demand and insist on a positive precept for the payment of them ; that ●t is a meer evasi●n to pre●end ther● was 〈◊〉 ●ight be a command , though not recorded ; and to alledge the shortness of the story as a reason why it was omitted , since so many other things , of far less mo●●nt then this , are so p●rticularly and circumstantially delivered ; that it is an empty shift to say , a command ●n scripture for the paying of tythes in those times , is no● to be exp●●●ed because the scriptur●s were not then written ; so many co●●ands being 〈◊〉 in scripture of el●er date then the instance of abra●am and jacob g●ving and vowing tythes . that the ●riests plea of a 〈…〉 being originally due to god , is but a precavious plea , a begging of the question ; and if considered as a peculiar part distinct from the other nin● ▪ is altogether false ; if not so considered , conduces not at all to his purpose ; that to suppose a t●nth part , as a tenth distinct from the rest , to b● due to god originally , is to clip the wing of his soveraign 〈◊〉 , and turn him off with a part only , who is , and ought to be acknowledged , lord of all . that ●f it 〈◊〉 posible to be 〈…〉 melchizedec , yet that no right could descend from him to these priests , they being no kin at all to him , in point of priest-hood . in fine , that the whole fabrick which this priest has raised in this period , how much white-washt and varnisht soever it may appear , is built upon a sandy foundation of meer suppositions , conjectures , cuesses , probabilities , likely-hoods , may-be's ; not having in it one solid stone of de●●nstrative truth ●r firm pillar of sound reason to support it . chap ii. hitherto no right to tythes appears . i now follow him to his second period , comprehending the whole time of the mosaic law , under which the right of tythes to the levititical priest-hood is recognized by all . but in as much as these priests disclaim all right and title by that law , it cannot be expected this period should produce any thing to the advantage of their claim , though something it may against it . here i must crave the reader leave to make a short digression , to remove a cavil urged by the author of the conference , the occasion whereof was thus ; at his entrance upon the discourse of tythes , in his conference , pag. . he mentioned a book of edward burrough's , called , a just and righteous plea , &c. out of which he collected a quotation in these words , pag. . tythes are now not to be paid according to the first covenant , neither is the first priest-hood to be upheld that once gave and received tythes ; now should we pay tythes according to the first covenant , and uphold any part of that priest-hood , which took tythes , &c. then should we deny iesus christ to be come in the flesh. hereupon , he took occasion to quarrel about the priest-hood , ignorantly taxing e. b. with ignorance in the nature of the first priest-hood , and alledging that if by the first priest-hood he meant that of aaron , then he had presented to the king and council notori●us falsity , affirming it to be the first priest-hood , there b●ing before him ● priest to whom levi himself paid tythes , heb. . . &c. this , because i saw it to be a meer quibble , a ●atch at word● , not pertinet to the subject he was upon , but tending only to a jangle , i took no notice of in my answer , but stepped as directly as well i could into the matter it self of tythes . hereupon in his vindication , pag. ● . he boastingly vaunt● and insults over me for passing by so consid●rable a passage , as he it seems takes it to be . but i assure him i therefore passed it by , because i looked upon it as a very inconsiderable passage , and do still . nor should i have thought it now deserved my notice , but that his unfair inferences therefrom de●erve reproof . he intimates that my silence hath given the world an occasion to look upon e. b. as a meer cheat and imp●stor , and sayes , he had not that inspiration , which himself and his parishoner had been discoursing of . po●r weak man ! he may soon at thi● rate , give the world an occasion to look upon himself as a slanderer and back-biter ; but will never gain belief to his false suggestions with any , to whom e. b. was known , whose name is honourable amongst the righteous , and his memory sweet as a pretious oyntment . as to the cavil it self , which the prie●● hath raised , it is altogether groundless . for it is evident that e. b. ●id there call the l●vitical priest-hood the first priest-hood with respect to that priest-hood that succeeded it , which is the gospel ministry . in which sense it is both generally understood & commonly called the first priest-hood . and as well might the priest blame the apostle for calling that covenant which was made with the iews , the first covenant ( which he doth 〈◊〉 then once in his epistle to the hebrews , chap. . . and . . ) as find fault with e. b. for call●ng the iewish priest-hood the first priest-hood . there needs not much be said in this case , to shew the emptiness of this cavil , which of it self is obvious to every eye . but he takes notice that e. b. was an occasion of my convincement ; and thence himself takes fresh occasion to raise his wonder , at my not answering this passage before . he may for that reason the rather believe , that i did not esteem it worthy of an answer , since if i had , he may reasonably conclude i would not have been backward to vindicate one to whom i was so greatly obliged . it is very true indeed , that the lord made e. b. instrumental to the turning me from the darkness ( wherein i once sate under the teaching of the national ministry ) unto the true light of christ jesus ; which with joy of heart , and a thankful mind , i acknowledge , and my soul blesses the lord in the sense of his mercy extended to me therein . and of that faithful servant of god ( whom the priest in derision calls m● patriarch ) this certain testimony i have to bear , that he was endued with power from on high , and the spirit of the almighty rested on him ; of which amongst many thousands i am a witness . but to proceed , in the same place , vindication , pag. . the priest charges me with cunningly passing over his arguments , and skipping four pages at the entrance of his discourse of tythes . this accusation is utterly false , as will appear by comparing my book with his . he began with tythes in his conference at the bottom of pag. . he spent pag. . in quibling about the first priest-hood . then in pag. . having disowned all titles to tythes by vertue of the ceremonial law , he started a question , whether tythes are not purely ceremonial , &c. which he answered in the negative , and withal shewed how far he understood them to be ceremonial : to all this i answered in my former book , called truth prevailing , bestowing two pages thereon , pag. , . then in pag. . of his conference he drew a comparison between the prophets of the levitical priest-hood , and the present clergy : to which i answered in pag. , , and . of my said book . judge now reader whether was skipping over four pages , and passing by his arguments . but of this let this suffice . i now return to the former subject , from which the unfair dealing of my disingenuous adversary hath occasioned this digression . § . . that which is chiefly to be inquired in , our passage through his second period , viz. th● time under the law , is , . whether tythes were a part of the ceremonial law , . whether they were abrogated by christ. the priest begins with the last of these , and offers to prove , after his manner , that tythes were not abrogated by christ , let not th● quaker ( sayes he ) so far mistake , as to think that the abrogation of the levitical law concerning tythes , was an abrogation of tythes themselv●s , pag. ● . i answer , so to think is no mistake , but a certai● truth . they were commanded by that law , and never commanded by any other : while that law stood in force , they were uph●●d by it : but when that l●w wa● disa●●ulled , they fell together with it . he sayes , ibid. our lord abro●ated the levitical law concerning the modes of gods worship , but he did ●ot abrogate gods worship . in abrogating the levitical law , ●e abrogated whatsoever had dependance on that law , which tythes had . the worship of god , considered simply , had no dependance on that temporary law , but was grounded upon the law of nature , in the best acception thereof , and so was not sub●ect to an abrogation : but the modes , manners , or wayes of worship , being of the nature of that levitical polity , and instituted by the law thereof ; were abrogated by its repeal . now the parralel holds not between the worship of god and tythes , but between the worship of god and the maintenanc● of hi● priests or ministers : for as the worship of god is grounded on the divine law of nature , so th● mai●tenance of his ministers is founded upon a principle of natural justice and equity . and as god by the levitical law , instituted divers modes , manners , or wayes of this worship , so by the same law he appointed the mode , manner or way of this mai●tenance , which was by tythes . sacrifice , ●urnt-offerings , washings and other external observanc●● were the modes of that worship , that is , they were the means or wayes by which that worship was performed : and tythes were the modes of that maintenance ; that is , they were the means and wayes by which that maintenance was raised . as therefore the worship it self was the substance , which was g●ounded on the law of nature , and the sacrifices , and other outward services which were the ●●des of it , were ceremo●ial , and as such abrogated by chri●● ▪ ●o the maintenance it self was the substan●● , whic● was founded on natural ●ustice and equity , and tythes , which were the modes of it , were cere●onial ▪ and as such by christ abolished . yet so , that as the worship it self remains though the sacrifices which were the modes of it are abolished : so the maintenance it self still abides , though the tythes , which were the m●des of it , are abrogated : n●ither let any think , that tythes are any wh●t less c●r●monical , because of t●at small mention of them in th●●tories of iacob , so long before the l●vitical law was given : for many things done by those , and other patriarchs before them , were as certainly and plainly ▪ in their own natures cer●monial then , as they were afterwards , when commanded by moses . certainly were this thing rightly understood and well considered , that tythe is but a mode , a way , mean or manner of mainteance , and consequently ceremonical , it would greatly co●duce to the clearing this case , ●nd determining this controversie . and could men be perswaded to lay aside passi●n ▪ and interest , and come fairly and un●yass●d to the considation hereof , there ●ight yet be hopes of a fairer issue then th● present face of things bespeaks . doubtless the great ground of these men error , who stickle so much for tythes , is there not distinguishing between the maintenance it self , and the way , manner , m●ans , or m●de by which that maintenance is raised . my present adversary , author of the d●vine right of tythes , acknowledges , p . that all the modes and circumstances of gods worship , enjoyned by the levitical law , and proper to that dispensation , and relating to christ to come fell with that polity , a●d ●er● abrogated by christ ▪ but the main duty of worshipping god continued in forc● still , saye● he . and so say i also ▪ but then he falls i●to his forme● error concerning tythes with the worship of god , to which they are by no means a suitable parallel . even s● ( sayes he ) in the case of tythes , they had not their foundation upon , nor their original from the levitical law : god had a right to them before , &c. thus he runs on in his old strain , repeating his former groundless , supposition for a whole page or more , and then concludes , pag. . thus , n●w when christ did abrogate that ministry and dispensation ( namely , of the law ) there appe●dixes must needs be abrogated with it ; but the main duty ( which was so before the c●remonial law ) remains still . the main duty does indeed remain still , which is a maintenance to gods ministers ; but his mistake is in making tythes to be this main duty , whereas tythes being but the mode , means or way of performing the main duty of maintenance were really appendixes of that iewish polity , and though known ( and sometimes but rarely used ) before the ceremonial law was actually given forth , were yet even then , in their own nature ceremonial , as well as those other modes and wayes of worshipping by sacrifice , &c. which though in frequent use with the patrirachs long befor● the prom lugation of the ceremonial law , or mention made of tythes are yet acknowledged to be of the nature of that dispensation and polity , and by christ to be abrogated with it . § . . but here i cannot omit to take notice , that in hi● repetition of his former fancy of a divine right to tythes before the law , be abuses the holy text , first , in saying , the fathers of the israelites had made a special v●w to pay this divine tribute , meaning tythes , hereby insinuating that iacob understood tythes to be a known due or tribute which he was before obliged to pay ; when as both his voluntary , unrequired and conditional vow plainly speaks the contrary , and the words of the vow expresly are , i will surely give [ he doth not say pay ] the tenth unto thee . secondly , in saying , there was no need for god to institute tythes anew , and that accordingly he claims them , & supposes them to be his due by a right antec●d●nt to the levitical law ; for proof of which he cites ( as before ) ex●d . . . where tythes are so far from being claimed and supposed due , that they are not so much as m●ntion●d at all . he adds levis . . . which thus speaks , and all the tythe of the land , whether of the s●●d of the land ; or of the fr●it of the tree , is the lord : it is holy unto the lord. this does not at all prove an antecedent right or claim to tythes distinct from the rest ; for he had but a little before asserted his right to the whole land , when giving a reason why he would not have any one sell his possession forever ; he sayes ; for the land is mine , for y● are strangers and sojourners with me , c. . . so there be claims , the whole land as his own ; and here he first appropriates the tythes to his ow● use . § . . but the priest hopes to demonstrate that tythes were not abrogated by this comparison , th● putting on ( sayes he ) a new state , doth not make o●e a new man , nor doth the pulling it off again kill ●im . this is very true , but falsly applyed : for he makes tythes to be the man ; but what then shall be the s●it ? if he would apply his comparison rightly , he should make mainte●ance to be as the ●an ; 〈◊〉 tythes to be as the suit ; and then he might infer aptly enough , that as the pulling off the suit doth not kill the man , so the putting off tythes doth not destroy the maintenance . and plainly , tythes , though ( to pursue his comparison ) it was once made and worn as a suit , yet when it was grown old , and had done its service , it was cast off , and laid aside , never to be worn again . he adds , th●re may be many alterations in circumstances , the essentials still remaining the same . i pray consider now , is not tyth● a circumstance of m●intenance ? can any one imagine tythe to be an essential ? essential is that which belongs to the being of ● thing , without which that thing cannot be . but that maintenance may be without tythes , and consequently tythes not esse●tial to ●aintenance , not only the lowest degree of reason will teach , but experience also of former and the present age confirm : the apostles of our lord had maintenance sufficient ; yet no man ( with a name ) dares say , they had it by tythes . and in other countries at this day among protestants , the clergy receive their maintenance by a standing salary from the state without any mention of tythes . § . . from the levitical law , he sayes , they may leave something to cle●r that title which thy have to tythes from other laws ; and on● of his lessons is , that the levitical law was a pattern for christ t● i●itate , in his provision for gospel ministers ; as st. paul teacheth us , where he sayes , know y● not , that they which minister about holy things [ i. e. the levites ] liv● of the things of the temple , [ i. e. tythes ] and they which wait at the altar , [ i. e. the iewish pri●sts ] are partakers with the altar , [ i. e. the sacrifices and oblations ] even so hath the lord ordained , that they which preach the gospel should live of the gospel , cor. . ● , . which words [ even so ] do manifest ( saith he ) that christ hath in the main , and for the essential part , made like provision for gospel ministers , as god the father did for the jewish priesthood , page . in thinking christ took the l●vitical law as a pattern for himself to imitate , in his provision for gospel ministers ; this man very much mistakes . the very contrary appears most plain in sacred story . freely ye have rec●ived , freely give , was our lords command to his disciples when he sent them forth to preach , mat. . . and freely receive what is freely given by those that receive you and your message , was the provision he allowed them , luke . , . and a sufficient provision too it proved , even though they went as lambs amongst wolves , vers. . for when they returned he asked them , lacked ye any thing ? and their answers was , nothing , luk. . . had christ intended to follow the levitical law , and by that pattern to bestow tythes on his gospel ministers ; it cannot be doubted but he would , by a plain and positive precept , have fixt and settled that maintenance on his , as his father before had done on the levitical priesthood ; and not have le●t it to the uncertain construction of an even so : if the place it self [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] should be allowed to be even so rendered , which baraturus by [ it● ] only ; hierom , montanus and others by [ ita et ] and tompson that englisht baza's lati●e , reads it ( not [ even so ] from which word even the priest would hook in an identity of maintenance , but ) so also . but suppose it allowable to read it even so as the vulgar translation hath it , yet will the particle [ even ] in that place appear to every judicious and disinteressed reader to have relation to the matter , not the manner , livelihood it self , not the way or means of livelihood ; imploying , that christ was not less careful of his ministers under the gospel , then god had been of his priests under the law , which i hope it will be granted he might very well be , though he did not appoint them the self-same maintenance . and indeed , when this priest sayes , pag. . these words [ even so ] do manifest , that christ hath in the main , and for the essential part , made like provision for gospel ministers , as god the father did for the jewish priesthood ; he is not much beside the mark , if he rightly understand the main and essential part , which is simply a maintenance , without respect to the mode or way , by which it should be raised . again , he sayes , this was also a pattern for the devout christians of old , and did intimate to them , that they should not do less for their ministers then would afford them an honourable maintenance . it is not to be doubted the levitical law , in the ages succeeding that of the apostles , was but too much imitated by the christians . he that reads the writings of those times , and observes the bulk of iewish ceremonies , that have gradually crept into the publick worship of professed christians● will find no cause to question it . and though the christians in those times were very commendable for providing honourably for christs ministers ; yet in recurring to the levitical law , then abrogated , and fetching examples from thence , they did not deserve commendation . nor is there any need for christians now to look back to the a●tiquated ceremonies of the law for example o● incitement to their duty herein , since such is the power and efficacy of the gospel , that it opens the hearts of those who receive it , to communicate freely of their car●als , to those from whom they receive spirituals . thus was it with lydia , the thyatiress , when her heart was opened : she was not backward to entertain them who were instrumental to her conversion , but even constrained them to come to her house and abide there , act. . , . these men peradventure may think such a maintenance not honourable enough . but they should remember , that it was honourable enough for the holy apostles , and for our saviour himself also , who though he were lord of all , yet did not disdain to be thus provided for , but by his own example laid the foundation of this gospel maintenance , as we read in luk. . , . where mary magdalen , i●anna the wife of chuza , herod's steward , and susanna , and many others are remembred to have ministred to him of their substance . was this accepted by the master , and will it not content them who call themselves his servants ? they had need then be put in mind , that the disciple is not above his master , nor the servant above his lord. and that , it is enough for the disciple that he is as his master , and the servant as his lord , matth. . , . and were these men indeed what they pretend to be , they would not think slightly of that maintenance , which our blessed saviour was contented with . but verily , their despising and rejecting this , and creeping to the magistrate for another , is argument enough that for all their pretences , they are not the servants of humble jesus . § . . to shew that the levitical law for tythes was a pattern for the christians of old , he gives us a quotation out of origen , thus , our lord saith in the gospel ( speaking of tything mint , &c. ) these things ought ye to have done . if you reply , he said this to the pharisees , not to his disciples ; then hear what be saith to his disciples , except your righteousness exceed the righteousness of the scribes and pharisees ye shall not enter into the kingdom of heaven , matth. . therefore that which he would have done by the pharisees , more abundantly would he have it done by his disciples . — now how doth my righteousness exceed that of the pharisees , if they durst not taste of the fruits of the earth , before they had separated the priests and levites parts ; and i devour the ●ruits of the earth , so that the priest knows not of it , the levite is a stranger to it , and god's altar receives nothing . herein ( sayes the priest ) origen speaks my sense fully , pag. . by this then we know fully what the priests sense is in this case ; let us see now how much , or rather how little , this sense of his agrees with truth . when christ said to the pharisees ( concerning tything mint , &c. ) these things ye ought to have done , &c. the law , by which tythes were commanded to be paid , was in force , and therefore the pharisees in observing the law , did but what they ought to do . but though they were in that part so observant of the law , yet in other parts , more material , they were wholly negligent . now as that caution of our saviour to his disciples , except your righteousness exceed the righteousness of the scribes and pharisees , &c. was not given with particular relation to the pharisees punctuality in tything mint , &c. being spoken long before , and upon another occasion ; so neither can it with any colour of reason be supposed , that the excess or superabounding of the disciples righteousness above and beyond the righteousness of the scribes and pharisees , was to consist in a more exact observance of the ceremonies of the law , which were then even expiring , and the disciples daily fitting for the manifestation of a more glorious and lasting administration . but the scribes and pharisees , who were so exact in those smaller and lighter matters of tything mint , &c. did break great and weighty commands of god , and taught men so , as appears in matth. . . where christ tells them , you have mad● the command of god ( for honouring of parents ) of no effect by your tradition ; and in mark . . ( where the same passage is recorded ) he adds , and many such like things do ye , of which there is a large bed-roll in the d of matthew . for these pharisaical tythers did shut the kingdom of heaven against men , neither entring themselves , nor suffering others , they devoured widows houses , were full of extortion , and while they were so exact in tything the very pot-herbs , they omitted the weightier matters of the law , iudgment , mercy and faith. now while the righteousness , of the pharisees stood in a nice and exact performance of those lesser matters : the disciples righteousness was to shine forth in the performance of those weightier matters , judgment , mercy , faith , &c. wherein as they were exercised , their righteousness would as really exceed the righteousness of the pharisees , as the things themselves in which they were conversant ( viz. judgment , mercy , faith , &c. ) did excel those things which the pharisees were busied about , ( to wit , tything of mint and a●●ise ) and how great a preheminence and preference the one sort has of the other , may sufficiently appear in the vers. . where judgment , mercy and faith are comparatively to tythes , called the weig●tier matters . but the disproportion is more clearly set forth in the next vers. where tythes are compared to the gnat ( one of the least of insects ) but iudgment , mercy and faith to the camel ( one of the greatest of animals ) which metaphors , drawn from the two extreams , do evidently enough denote the different natures of the things there handled ; one sort of which ( viz. judgment , mercy , &c. ) is plainly moral , the other ( viz. tything of mint , &c. ) as clearly ceremonial . now to su●pose christ intended his d●sciples should exceed the righteousness of the pharisees in the ceremonial and lesser parts of the law , in which the pharisees were themselves but too apt to exceed ; and that he should enjoyn this too on no less penalty then exclusion from the kingdom of heaven is contrary both to reason and true spiritual sense● what therefore the pri●st quotes from origen , and sayes is fully his own sense too , may not by any means be received , at least as he understands it . for he sayes , that which christ would have done by the pharisees , m●re abundantl ) would he have it d●ne by 〈◊〉 disciples . but who can admit this in 〈…〉 terms as it is here laid down . christ would have the pharisees have kept the whole law , even every ceremony and circumstance therein commanded ( which , being then in force , they ought to have done ) but would he have his disciples do this more abundantly , now that himself hath na●l'd them to his cross ! that were to deny h●m come in the flesh. what origen himself therefore saith , that it is the part of a wise interpreter to find out ●hat things in the law are to be literally observed , and what not ; the same may well be said of his writings , there is need of great caution and sound judgment in quoting what he has written . for though he was a man of great learning , yet was he too apt to run the wrong way , for which he has been not lightly censured by many . and indeed , his aptness to allegorize the scriptures , makes it seem the more strange that he should take this place literally ; and yet he hath even here exprest himself so darkly too , that it would puzzle i think a wise citator to find out who that levite is , to whom under the gospel , tythes should be paid according to the letter of the law. but leaving the priest to untye that knot , i here present thee reader with the judgment of walter brute upon this text , whom though i know before-hand the priest despises and disdains ( reproachfully calling him renegad● , right of tythes , pag. . ) because he strikes at their diana tythes ; yet i make no doubt but amongst honest men , he will at least he never the worse , if not the better thought of . he having shewed that tythes were ceremonial , and the law abrogated by which they were due to the levites , goes on to disprove the pretences of those who claim a right from those words of christ to the pharisees . his words are these , whereupon some do say , that by the gospel we are bound to pay tythes , because christ said to the ●harisees , mat. . wo he to you ser●bes and pharisees , which pay your tythes of mint , annise seed , and of cuminin , and leave judgment , mercy and truth undone . o ye blind guides that strain at a gnat and swallow up a camel. this word soundeth not as a commandment or manner of bidding , whereby christ did command tythes to be given ; but it is a word of disallowing the hypocrisie of the pharisees , who of covetousness did rather weigh and esteem tythes , because of their own singula● commodity , rather then other great and weighty commandments of the law. and me seemeth that our men are in the same predicament of the pharisees , which do leave off all the old law , keeping only the commandment of tything . it is manifest and plain enough by the premises , and by other places of scriptures , that christ was a priest after the order of melchized●c , of the tribe of iudae , not of the tribe of levi ; who gave no new commandment of tything any thing to him and to his priests , whom he would place after him , but when his apostles said to him , behold , we have left all things , and have followed thee , what then shall we have ? he did not answer them thus , tythes shall ●e paid you , neither did he promise them a temporal , but an everlasting reward in heaven : for he , both for food , and also for apparel , taught his disciples not to be careful . — and paul , right-well remembring this doctrine , instructeth ti●●thy , and saith thus , but we having food , and wherewithal to be covered , let us therewith be content , tim. . thus fa● brute , whom fox enrolls amongst the holy confessors of jesus , martyrol . vol. . pag. . era●mus a●so , in his paraphrase on luke . upon the words [ ye tythe mint , &c. ] sayes thus , these things which god commanded for a time to be kept according to the flesh , ye ought not to omit ; but those things which god would have chiefly to be done , which are perpetually good , and acceptable to him , ought first of all to be performed . observe here how he accounts of tythes ; not as things perpetually good and acceptable to god , but as things commanded for a time , to be kept according to the flesh : to which the iews ( israel after the flesh ) were bound ; but the christians ( israel after the spirit ) are free from that bond . with these take the judgment of andrew w●lle● in his syno●sis of popery , and ●n the fifth general controversie , pag. ● . where setting down the jesuits argument for the morality of tythes , out of matth. . . he thus answers it , we must consider in what time our saviour christ to spake unto the pharisees , for as yet neither the law , nor the ceremonies thereof were fully abrogated : christ was circumcised , and mary his mother purified according to the law , luk● . , . our saviour also biddeth the leper to shew himself to the priest , and offer a gift as moses commanded , matth. . . yet none of all these ceremonies now stand in force , though christ did them at that time , and bad them to be done . the same answer may serve also concerning his injuction to the pharisees as touching their tythes . thus he , by which it is past doubt that , although he was a zealous advocate for tythes as a maintenance , yet he acounted them not moral , but ceremonial . § . . the priest hath yet another document from the levitical law , namely , that the substance of that which was required then , is due still not by vertue of that ●aw , but because there is an inkerent equity in th● thing , pag. . the substance is a maintenance in which there is an inherent equity , that the labourers should be rewarded , but that this maintenance should be by tythes , was not the substance in which the inherent equity stood , but a circumstance , ceremony or mode , due only by vertue of that law while it stood , and no longer . for though it be equal that the labourer should be rewarded for his labour , yet the equality of the reward stands not in tythes , or a tenth part , which may either exceed or ●all short of the labourers just desert , and so not prove an adaequate reward to his work . that the substance of that which was required in the law , is due still , he sayes , pag. . is origen's meaning in the af●resaid place ; and so ( he sayes ) we must interpret st. hierom , when he saith , that which we have said of tythes and first fruits which were once given by the people to the priests and levites , you must understand also of the christian people , to whom it is commanded not only to give tythes but to sell all . but where is there a command to christians , either to give tythes , or to sell all ? hierom prest it from mal. . which had direct reference to the iews , and cannot possibly be made a command to christians . and for christians selling all , there is mention indeed in holy writ of some that did so , but not that they were commanded so to do ; that was voluntary . but the priest explains hierom's meaning , that is ( sayes he pag. ) so much of the command as was moral , so much as was grounded upon eternal reason , ought to stand . that is not specifically tythes , but a maintenance in general . it is the maintenance that is moral , and grounded upon eternal reason ; but no man methinks th●nks should have so little a reason , as to think tythes , as tythes , as a certain and definite part , are grounded upon eternal reason . it was not an eternal , but ●emporal reason , ( suitable to the iewish polity ) on which tythes were grounded under the law , and that was the ●●ason they did not remain , but fell together with that law. he argues further , that god is eternally lord of the world , and must alwayes be worshipped , and alwayes have ministers , and these must alwayes be maintained out of their masters portion , page . so they may , and yet not by tythes , if god be lord of the world : for then all being his , neither he nor his ministers need to be ●yed to a tenth . why not a ninth , an ●ighth , a sixth , or any other part if he pleases ? has the eternal reason of ●ythes tyed god who is lord of all the world , to the tenth part only . plainly these men , while they pretend to honour god as the eternal lord of the world , would make him in reallity lord but of a tenth part of it . that they make his portion , which he must take or none . and if they might be believed , all should depend upon this tenth ; without tythes no maintenance , without maintenance no ministers , without ministers no worship . this i'm sure is not gospel language . but this is like his former comparison of the oyle and the lamp. but whatever this priest talks of the law of nature and eternal reason ( to beget a reverance in peoples mind to tythes , and make them how their necks the more willingly to his hard and heavy yoke ) we may see that tythes were not reputed of divine right by the eternal moral law , if we consider the alienations that have been made of them to common uses in hen. . time . and though the priest may think to wipe off the objection by e●claiming against hen. . and his parliament , and by branding them with the horrible name of sacriledge , as he does in his vindication . pag. . yet when he shall come to consider that those alienations have been confirmed by edw. . and q. eliz. and allowed by all succeeding kings and parliaments ever since ; and that the statutes made for those alienations , stand yet in force ; i take him to be too great a time-server to pursue his argument of sacriledge , at least with his name to it . however , if he will charge sacriledge on all the princes & parliament , from hen. . to this day , that will not remove the objection , but sti●l it will appear that , whatever he thinks of them , they have not thought tythes to be due by the eternal moral law. and indeed , if we look upon the practice of the priests themselves , we shall have reason to think that they thems●lves do not really believe that tythes are due by the eternal moral law ( whatever they pretend to keep simple people in awe ) for do not they alienate tythes themselves ? do not they pay tenths ( which are the tythes of the tythes ) to the crown ? see right of tythes , p. . if tythes , as they pretend , may not be alienate● to common uses ; and if such alienation be sacriledge , why then do they themselves alienate them ? d●th not this plainly shew , that either they do not believe tythes to be due by the eternal moral law , or else that they herein sin against their own consciences and knowledge ? § . . but that which comes next is such a piece of logick , as would make a serious man smile . when the levitical priesthood failed ( sayes he , pag. ) there must be another , and a better ; and therefore we may claim tythes as gods due , and as his ministers portion , &c. what a pretty pair of non-sequiters is here . because there must be another and a better priesthood , when the levitical failed , doth it therefore follow , these must needs be they ! upon which of the premises i wonder doth this conclusion lean ? that there must be another priesthood , or that it must be a better ? if it rest on the former , that there must be another priesthood , that no doubt there may be , and yet not be these : if on the latter , that it must be better , then past all doubt it cannot be these , since these are so far from being better , that they are not a little worse . but if upon the failure of the levitical priest-hood , there must be another , a better , and it were possibly to suppose these to be that , doth it thence follow that these may claim tythes ? what empty arguing is this ! right reason would rather have inferred , that if indeed the old priest-hood had stood , the old maintenance by tythes might also have continued ; but the old priest-hood being ended the old maintenance by tythes is ended also . and as there was to be another priest-hood ( wholly another , not the same corrected or reformed ) so there should als● be another maintenance ( wholly another , not the same a little variated ) which should excel the old maintenance , as this other priest-hood was to be a better priest-hood then the former , and that in the same notion of meliority . this i am sure would be not only more rational , but more agreeable also to the words of the apostle , cor. . . old things a●e passed away , behold all things are become now. so also the divine iohn , rev. . . behold i make all things new . which words are there delivered with a very remarkable emphasis , he tha● sate upon the throne said , behold , i make all things new . and he said unto me , write : for these words are true and faithful . how vnfaithful then are these priests , who endeavour to make the●e true words untru● , by claiming and contending for the old legal maintenance by tythes , which long since is de jure passed away . but he hath yet another fetch , they need not , he sayes , claim them by the levitical law as it is ceremonial . what then ; will they claim them by the levitical law , but under some other notion ? how doth he twist and twine about to get a claim by the levitical law , to which alas ! his dear brother has foreclosed his way , by saying plainly & in general terms , they derive them not from levi , conference , p. . § . . and now ( sayes the priest to his brother ) i hope t. e. must confess , that your second position , viz. [ that tythes are not purely ceremonial ] is made good also ; since i have shewed they were grounded on the law of nature , and primitive revelation , relying on an internal rectitude in the thing it self , and an eternal reason of it , and were paid by th●se patriarchs who lived long before the ceremonial law , by virtue of the preceding declaration of the divine right unto them , pag. . if this faith hath no better foundation then his hope , the man is in an ill case ; for i assure him , i am so far from being brought to confess he hath made good the second position also , that i declare , i a● fully satisfied he hath made good neither first nor second yet . and though he enumerates many and great matters which he pretends he has shewed , yet , unless he means , that saying is shewing , ●he hath not shewed any one particular of those many which he speaks of . he sayes , he has shewed that tythes were grounded on the law of nature and primitive revelation : but he has no otherwise shewed it then by saying so . in pag. . he begins with it , and sayes , gods right to tythes is founded primarily upon the law of nature , &c. and four or five lines lower he adds , natural reason teacheth us to give god some part of his gifts back again , &c. then in the same page he concludes , some part of our substance being therefore due to god , &c. so that at first he begs the question , and on that precarius bottom sets his building . he takes for granted that which is denyed , and then cryes out he has shewed : and so indeed he has the weakness of his cause or his own inability to manage it . if to find gods right he would look into the law of nature , he shall there find that god has a right to all , and to all alike . he is the god of nature , the universal power , by which all things were made , and by which all things subsist . an equal right he has , by the law of nature , to all that his hands have made , or ever was brought forth by his productive fiat . but nothing can constitute to him a distinct and particular right to a tenth , or any other part , so as to make that part ( per excellentiam ) more peculiarly and eminently his then the rest , but his own appropriation and assumption thereof to himself , which cannot be proved of tythes before the leviti●al law. that a tenth part ( or tythes , which is the same ) is not due by the law of nature , melan●ton affirms , saying , the quota ( the tenth part ) is not natural , but the aliquota ( some part ) that st●●ds in equity , founded on the law of nature : but the quota ( or tenth part ) is founded on the ceremonial and judicial law , which law , says he , are proper to moses's polity , and belong not to us , seeing god hath utterly destroyed it , tom. page . delibert . christiana . and for tythes being founded on primitive revelation , he shews it much after the same manner as he doth that they are grounded on the law of nature● for he sayes , we ought to believe it , pag. . we may believe it , p. . we must believe it , p. , &c. but i would know of him whence he has his revelation that tythes were founded on primitive revelation ? he is too great a s●offer at inspiration to pretend to know it that way . doth he read it any where in the holy scriptures ? he should then have done well to have given us the text. but if it be not recorded there , why makes he himself so over-wise ? eccles. . . and yet , if he could prove , or i should grant , that tythes had been commanded to be pai'd before moses's time , yet would not that prove tythes any whit less ceremonial , since many things that were revealed to and required of the patriarchs before the m●saie law , were clearly ceremonial , and afterward both required by the ceremonial law , and universally acknowledged to be abrogated with it , as bloody sacrifices , circumcision , &c. yea , the distinction between clean and unclean beasts , was observed before the flood , as appears , gen. . . which yet i think the priest will not deny to be ceremonial and ended . ●e has indeed a notable knack of s●pposing 〈◊〉 he knows would be difficult to prove . for in his p. . he sayes , though god have a right to the tenth part of our subst●●ce yet , &c. and pag. . we know from the light of nature , that part of our substance is due to god : and this he repeats frequently . but what nature is it he talks so much of , by the light and reason whereof he has learnt to make man's part nine times as big as gods , and yet sayes , god is eternally lo●d of the world ? surely it is a corrupt and selfish nature , whose counterfeit light gives him so false a sight of things . he hath shewed , he sayes , that tythes rely on an internal rectitude in the thing it self , and an eternal reason of it . how can that be ? he plunges himself into these absurdities by not distinguishing between maintenance in general , and tythes which are but a particular mode or way of raising maintenance , by confounding which , he thus confounds his own sence . if he were pleading for a maintenance in general , his argument there were good and pertinent : for there is no doubt , an internal rectitude in the thing it self , that he that labours should be rewarded for his labour , and an eternal reason of it from the equity of the thing . but to suppose an eternal reason that the tenth part only and no other must be this reward , is utterly repugnant to all reason and equity , since possibly the fifth part may be too small , or the fifteenth too great ● compensation for the work . in the time of the law by which tythes were commanded , though there was an internal rectitude for a maintenance , and an eternal reason of it ; yet the providing and raising that maintenance by the way of tythes , did not rely on an internal rectitude , but on an external : no● was there then an eternal reason for raising the maintenance by that particular way of tythes , but a temporal , suitable t● the polity of that state. the ox that trod out the corn was not to be muzzled , but for the labour and service he did he was to be fed ; and this depended on an internal rectitude in the thing it self : but he that should thence in●er , that the certain quantity of meal which should be given to the ox , or the specifick kinds of food he should eat , did rely also on an internal rectitude in the things themselves , would hereby sufficiently convince the world , that he himself had but too much need to have his own understanding rectified . from what has been said , the reader i presume may collect , that my opponent hath much mistaken the matter , in making tythes , ( which is not the substance , the maintenance it self● but a circumstance of the quantity of maintenance ) to rely on an internal rectitude in the thing it self , and an eternal reason of it . he adds , that he has shewed tythes were paid by those patriarchs who lived long before the ceremonial law , by virtue of the preceding declarations of the divine right unto them . indeed the man is much to be blamed . he seems to have abandoned all regard to truth and modesty , and to be resolved to say anything that may suit his purpose . where hath he ●hewed that the patriarchs before the ceremonial law did pay tythes ? or how indeed is it possible he should shew this ? when as before that law , tythes are but twice mentioned at all in holy writ , and in each place expresly said to be given , without any word of payment . but that he should not only say they paid what the holy text sayes plainly they gave , but also affirm they paid it , by virtue of the preceding d●cla●ations of the divine right unto them , whenas no such preceding declarations , or any declaration at all of the divine right , appears in the divine reco●d , but the h. g. hath been altogether silent therein , and not thought fit to leave any monument or footstep of a divine right to tythes in those times , is an arrogant and presumptious piece of confidence . he confesses , pag. . that all things done by the patriarchs were not eternal duties , instancing in circumcision , which , he sayes , was not grounded on the law of nature , nor imposed for any eternal reason or internal r●ctitude in the things . but if tythes , as tythe , that is , as it is a certain and determinate quantity , not the aliquot● , b●t the quota , not the maintenance simply , but a proportion of maintenance , is not grounded on the law of nature ( as melancton is before remembred to observe ) nor was inj●yned for any eternal ( but temporary ) reason , or internal ( but external ) rectitude in the thing ( which whether it was or no , let the judicious reader , from what hath been said judge ) then surely there is no more gr●und for tythes to stand and remain upon now , then for circumcision . and that tythes and circumcision were a like ceremonial epiphanius intim●tes , when lib. . ord . . he gives tenths for one of his instances of shadows contained in the law , making them equal with circumcision . and o●c●lampadius on ez●k . . ranks sacrifices , first fruits and tythes altogether , and calls them expresly cerem●nial . he instances also in bloody sacrifices , which , he sayes , ibid. were purely ceremonial , and cease when that la● ceas●th . and yet these very bl●●dy sacrifices , which he acknowledges ceremonial and ceast , were a great , if not the greatest part of the maint●nance of the priest● under the law : for the priests themselves had not the tythes , but the title of the tythes , that is the hundred part , which the levit●s paid them out of the tythes which they re●eived . from which instance it is evident , that although maintenance it self be moral , and grounded on the law of nature , yet the ●ode or manner of that maintenance may be ceremonial , yea , purely ceremonial , as he acknowledges those bloody sac●ifices to have been which are ceast . he sayes , ibid. he might add , that the proph●ts ( who are not wont to reprove the people for ●mission of things purely ceremonial ) declaim against the jews for ●etaining their tythes , for which he cites m●l . . . but he might see ( if he pleas'd ) in the eighth verse where the reproof is , that the prophet joyning tythes and offerings together , reproves the iews alike for the omission of each , whence i may better argue , that tythes are of the same nature with those iewish offerings , which i think the priest will not deny were ceremonial and ceast . and does not the same prophet , chap. . ver . , . reprove the iewish priests for offering polluted ( i. e. common ) bread , and for offering th● blind , the lam● and the sick for sacrifices ? what else were these things ●ut ceremonial , purely ceremonial ? and yet this priest , that he might still keep tythes on foot , sayes , the prophets were not wont to reprove the people for omission of things purely ceremonial . he adds , ibib . that nehemiah calls his care in this ( viz. tythes ) a good deed , desiring god to rememb●r him for it , nehem. . . it was no doubt a good deed in nchemia●h to take ca●● that tythes should be duly paid according to the law which required them , which in his time was in full force . but what is this to the purpose : doth this argue that tythes were not ceremonial , or that it is a good deed to pay them now , when the law that required them hath been so long abolished ? was nothing ceremonial that nchemiah took care of ? no man with a name i think will affirm it . but tythes , he sayes , pag. . in all the new . testament are not reckoned ●p among things purely ceremonial , or declared to be repealed , as circumcision , sacrifices , washing , jewish difference of meats , and jewish feasts , &c. are . th●se ( he sayes ) are repealed by ●am● , but so are not tythes , as being a thing that never were purely ceremonial , pag. . there was no need that tythes should be repealed by name . it was sufficient that the law by which alone they were due , was repealed ; which that it was , the autho● to the hebrews plainly shews , chap. . for having said , ver. . that they that are of the sons of levi , who receive the office of the priest-hood , have a commandment to take tythes of the people according to the law ; and having next shewed that that priest-hood , which had a law to take tythes by , was at an end , he t●ence concludes plainly and positively , vers . . that the priest-hood being changed , there is made of necessity a change also of the law. here now is a plain repeal of that law by which tythes were given , as well as of that priest-hood to which they were given . and tythes standing by this law , and the reason of them depending o● the i●wish polity ; the repeal of this law took away the right of tythes , as the removing that polity did the reason of them . that tythes are indeed ceremonial , and were so reputed by men of note in several ages , cannot reasonably be doubted by any who are acquainted with books . take a few of many evidences that might be brought to prove it . epiphaniu● ranks circumcision , tythes and offerings at ierusalem altogether , making the payment of tythes as much a part of the ceremonial law , as the other two . his words ( speaking of some who kept the feast of easter on the fourteenth moon , according to the iewish law for the passover , fearing lest otherwise they might incur the curse of that law ) are these . if they avoid one curse , they fall under an●ther . for such shall be also found accursed a● are not circumcised , such accursed as do not pay tythes , and they also are accursed that do not offer at ierusalem . h●res . . ( see selden's history of tythes , review , c. . pag. . ) as if he had said , if they have regard to the ceremonial law , then have they as much reason to be circumcised , to pay tythes , and to offer at ierusalem , as to observe easter , according to that law. but if they are not bound to circumcision , tything and offering at ierusalem , then neither are they bound to keep that feast on the fourteenth moon , since all these things are alike ceremonial . this i take to be the fai● sense of epiphanius his argument ; which plainly shews , both that tythes were not paid in his time ( which was about the year . ) and also that he esteemed tythes to be of the same nature with circumcision and iewish offerings , to have had their dependence on the same law , and to have stood and fallen together : for he compares tythes to circumcision and iewish offerings , which are undoubtedly abrogated . and thus selden understood him . oecolampadius on ezek. . calls tythes expresly ceremonial . his words are , priests , that is christians , should not be greedy of filthy lucre , neither shall they have their lot upon this earth , but a free inheritance in heaven , and the lord himself will be their reward and inheritance ; what shall be wanting to them whose own god is , the very fountain of good things so they shall be free in their minds ; nevertheless to them that serve at the altar , it is given to live of the altar , and they may eat of the sacrifices , receive first fruits , receive tythes . these things are ceremonial ; but. paul shews thereby that it is lawful to receive food and rayment , for god addeth a blessing to his ministers that do well . they did receive therefore of the sacrifices , i. e. the apostles have spiritu●l joy of these who sacrifice themselves to god , and the growth of the church is their glory ; their first born and other things are blessed . thus he . walter brute ( who , in the reign of k. richard the second , about the year . was persecuted for his testimony against popery ) plainly calls the payment of tythes a ceremony . his words ( speaking of the ceasing of shadows and ceremonies , and of the ending of the aaronical priest●hood ) are these , whereupon i marvel that your learned men do say , that christian folk are bound to this small ceremony of the payment of tythes , and care nothing at all for other as well the great as the small ceremonies of the law. and a little after ( having shewed that circumcision was one of the greater ceremonies of the law , and yet that paul told the galatians , whosoever was circumcised was bound to keep the whole law ) he sayes , in like manner we may reason , if we be bound to tything , we are debter● , and bound to keep all the whole law. for to say that men are bound to one ceremony of the law , and not to others , is no reasonable thing . either therefore we are bound to them all , or to none . also , that by the same old law , men are not bound to pay tythes , it may be shewed by many reasons , which we need not any more to multiply and increase , because the things that be said are sufficient . for he had said a pretty deal before upon this subject , shewing the end both of that priest-hood to whom , and of that service for which tythes were appointed . forasmuch ( sayes he ) as the labour of those sacrifices did cease at the coming of christ , how should those things be demanded , which were ordained for that labour ? and seeing ( adds he ) that the first fruits were not demanded of christians , which first fruits were then ( in the time of the law ) rather and sooner demanded then the tythes : why must the tythes be demanded , except it be therefore peradventure , because that the tythes be more worth in value then the first fruits . in the end he concludes , wherefore seeing that neither christ , nor any of the apostles , commanded to pay tythes ; it is manifest and plain , neither by the law of moses , nor by christ's law , christian people are bound to pay tythes : but by the tradition of men , they are bound , martyrol . vol. . pag. , . the bohemians also not long after , in their th article against the popish clergy , say thu● , they receive tythes of men , and will of right have them , and preach and say that men are bound to pay them tythes , and therein they say falsly . for they cannot prove by the new testament , that our lord jesus christ commanded it , and his disciples warned no man to do so , neither did themselves receive them . but although in the old testament it were commanded to give tythes , yet it cannot thereby be proved that christian men are bound thereto . for this precept of the old law had an end in the first year of our lord jesus christ , like as the precept of circumcision . wherefore well-beloved , consider , and see how your bishops seduce you , and shut your eyes with things that have no proof christ saith in the eleaventh of luke , give alms of those things that remain , but he said not , give the tenth of the goods which ye possess , but give alms , &c. william fulk , in his annotations on the rhemists translation of the bible , in answer to those iesuits , who , with this priest , would needs have tythes to be due by the moral law , saith thus ( § . . on heb. . ) the payment of tythes , as it was a ceremonial duty , is abrogated with other ceremonies . but as it is a necessary maintenance of them that serve in the church it may be retained , or any other stipend appointed , that may be sufficient for their maintenance , be it more or less then the tenth part . but that there is any sacrificing priest-hood , to whom it is due in the new testament , the old payment of tythes doth not prove : neither did christ himself , our high priest , ever make claim unto them : nor his apostles , the ministers of the church , but only to a sufficient living by the gospel , to be allowed of their temporal goods , to whom they ministred spiritual goods , cor. . . gal. . . thus he ( a man of no small note in the english church in q. elizabeth's time ) by which it is evident that he accounted tythes a part of the ceremonial law , abrogated by christ. and although he thought they might be retained as a necessary maintenance of them that serve in the church , yet he layes no more or greater stress on tythes , then on any other sufficient stipend , whether it were more or less then the tenth part , which is directly contrary to this priests assertion , of tythes being due by the eternal moral law , which the jesuits maintained and fulk denyed . of the same judgment with fulk was andrew willet ( a man of great account in the english church in k. iames his time ) he , in his synopsis papismi , fifth general controversie , pag. . sayes in the name of the english church , we also acknowledge ( as bellarmine seemeth to grant , chap. . ) that to pay precisely the tenth , is not now commanded by the law of god ▪ as though that order could not be changed by any human law , as the canonists hold , but men necessarily were bound to pay tythes . and a little after , though ( sayes he ) the law of tenths be not now necessary , as it was ceremonious : but it is lawful either to keep that , or any other constitution for the sufficient maintenance of the church , whether it be more or less then the tenth part : yet we doubt not to say , that this provision for the church-maintenance by paying of tythes , is the most safe , ibid. here he plainly calls the law of tythes ceremonial , acknowledging that men are not necessarily bound by the law of god to pay tythes now : and although he accounts the paying of tythes , grounded upon human laws , th● safest provision for the church-maintenance ; yet he holds it equally lawful ( with respect to the law of god ) to appoint any other sufficient maintenance , although it be not precisely the tenth , but either more or less then the tenth part . which is utterly destructive of the morality of tythes . and indeed , he makes ministers maintenance in general to be grounded in equity upon the moral law : but tythes to depend upon positive laws , and he shews he understood the moguntine synod so . but for the levitical law of tything , he calls it plainly a politick constitution of that country . his own words are , the levitical priest-hood being one whole tribe , it was thought reasonable that the tenth part of their brethrens goods should be alotted to them ; which being a judicial and politick constitution of that country , doth neither necessarily bind christians now , neither is forbidden , but left in that respect indifferent . and a little after , although it be a wise and politick constitution , that the people should pay their tythes , and may conveniently be retained , yet it is not now of necessity imposed upon christians , as though no other provision for the church could serve but that , pag. . much more might be alledged out of these mens writings , to this purpose : but this in this place may suffice to shew , that the judgment of the church of england in those times , was quite another thing in this case , then it is now represented by this priest to be . but leaving these testimonies to the reader 's consideration , return we to the author of the right of tythes . § . . he comes now to conclude his second period , in the close of which he again repeats his so oft reiterated suppositions . i conclude , sayes he , page . that part of our substance being due to god by the natural and divine law. ( for he will yet allow god to have right but to a part : and it were worth inquiry how god who is eternally lord of the world , pag. . came to be disseized of his right to the whole , and who it was that so compassionate to make him a title to some part again ) and the inspired patriarchs ( sayes he ) being taught by revelation . ( of which revelation ( say i ) there is no revelation , but a bold presumption of his own ) that the tenth ( sayes he ) was his part , and the priests of god were his receivers ( which if it were true ( say i ) had been title sufficient for the levitical priests , without a particular law on purpose to make them due ) god himself ( adds he ) having approved also this payment ( which ( say i ) was not a payment , but a free and voluntary gift ) by a renewed claim ( sayes he ) ( though never claim'd before , say i ) and an express assignation ( sayes he ) of his right under the levitical law to the priests for the time being ( but not to any other priests ( say i ) without a new assignation ) and the same god ( sayes he ) having the same right still to his part ( and the same lord of all , say i , having the same right still to all ) and the same occasion ( sayes he ) to use it for the maintenance of his ministers at this day ( not so , say i , for he neither hath such a tribe to maintain , nor such service to imploy them in at this day as then . ) hence ( sayes he ) i suppose it will follow , that ( unless an express repeal can be shewed ) the gospel ministers in gods name , may justly claim tythes as due to them still , and that by a divine right too . what a series of premises hath he drawn his discourse through , to issue it at last in a suppositive conclusion ! but it is the less to be wondered at , since his premises are mostly suppositive also , leaning on conjecture and relying at best but on probability . but in this last clause i must needs say he has exprest himself with more caution and less confidence then usually : for he speaks with a reserve [ unless an express repeal can be shewed ] to which i return him a twofold answer . . that an express repeal is not of absolute necessity , and that for two reasons , . because , the right which he pretends , and insists so much on , antecedent to the levitical law , is not grounded upon an express command ; and what is not expresly commanded , needs not be expresly repealed . and therefore he might very well allow me the same liberty ( if i either needed or listed to use it ) of arguing a repeal form suppostitions , guesses , conjectures and maybe's , which himself uses to prove a right . and not only so , but i might also urge argumentum ad hominem , and put him shrewdly to it , by asking him , where he reads that tythes are not repealed ; and telling him ( as he doth me , pag. . ) that he cannot prove tythes are not repealed , and i can make it appear very probable they are . but having noted this as a weakness in him , i will not answer him after this manner , because i would not be like unto him . . because the express assignation of the right of tythes under the levitical law , was ( as hims●lf words it , pag. . ) to the priests for the time being ; and common reason and experience tell us that when a deed or assig●ment is made to a man for his life , there is no need , upon the death of the assigne , of a new deed to declare the old one void , the death of him sufficiently declaring that , to the term of whose life the assignment was at first restrayned . now the assignation of tythes to the priests under the levitical law , was for and during the life of that priesthood ( if i may so express it ) and had that assignment been made void while that priesthood lived , there had then indeed been need of an express repeal . but seeing it was not made void in the life tim● of that priesthood , but continued in force as long as that priesthood lived , the death or dissolution of that priesthood did vocate the assignation in course . and there is no more reason to expect an express repeal of it , then there would be , if the parliament should make a law to continue for three years , to expect that , at the three years end , they should make another law on purpose to declare the first void . thus it appears that an express repeal of tythes by name was not of absolute necessity , in relation to either claim . not in relation to the ant●-levitical claim , that claim it self not being grounded upon any express command : nor with respect to the assignation he speaks of under the levitical law , that assignation being at first limited to a certain time , to the p●iests for the time being , as himself expresses it , pag. . yet secondly , to put it out of all doubt that tythes are indeed ended with that legal priest-hood , the holy apostle , by the divine spirit , hath most plainly and expresly affirmed , that the priest-hood being changed , there is made of necessity a change also of the law , heb. . . here is an express repeal of the law , by which the assignation of tythes to that priesthood was made . thus have i brought him to the end of his second period , and in the way have made it evident that tythes were not founded on the law of nature , but on the levit●cal , ceremonial law ; that they had not an inherent equity in them , nor did rely on an internal rectitude , or eternal reason , but on an external rectitude and temporal reason , suitable to the polity of that state. that as the sacrifices and other ceremonies of the law , were not the worship of god it self , which was founded upon the law of nature ; but ●odes and circumstances of performing that worship , proper to that dispensation , which fell with that polity , and were abrogated by christ : so tythes were not the maintenance it self , which was founded upon the law of nature ; but a circumstance of the qua●tity or proportion of maintenance , a mode , manner , means , or way , by which the maintenance was therein provided and raised , which being proper to that dispensation , fell together with the other ceremonies of that polity , and were abrogated with them by christ ; that tythes are not essential to maintenance , but that maintenance hath been and is without them ; that christ did not make the levitical law a pattern for himself to imitate in providing for gospel ministers ; that the righteousness of the disciples exceeding that of the scribes and pharis●es , had not relation to tything , but to the weightier matters of the law , judgment , mercy and faith ; that tythes being assigned by the levitical law , to the priests for the time being ( ie . for the time of that priesthood's continuance only ) the dissolution of that priesthood hath vocated the assignments , and put an ●nd to tythe● . thus far then my way is clear'd , and nothing lest unremov'd , on which , with any colour of reason , a claim to tythes may be grounded . chap iii. § . . i now go on to his third and last period , the times of the gospel . he begins it with a concession of mine , that a maintenance in general to the ministers of the gospel is just , reasonable , and establisht by a divine authority . with this grant he is greatly pleased , and hopes from hence to scre● a right to tythes ; but he is as greatly mistaken also , for tythes i am sure can never be squc●s'd out of that concession . he attempts it thus , let him ( sayes he , pag. . ) but stand to this grant , and then it will follow , that the ministers of the gospel may claim a maintenance in general , jure divino , for that maintenance which is established by divine authority is due jure divino . this might very well have been spared , being no more then is contained in the grant it self : i expect his inference , which such an one as it is , here follows , and why then ( sayes he ) should not that maintenance still be so due , which god directed before the law , approved under the law , and never repea●ed after the law ? pag. . pro thesaur● carbones ! i expected he would have drawn up some notable conclusion from my concession ; but instead thereof lo a petition ! petitio principij , a begging of the question , namely , that tythes were directed by god before the law , and never repealed after the law ( for their being approved under the law , conduces nothing to their continuance under the gospel ) he would very fain all along have it granted , that tythes were grounded on the law of nature , that the tenth part was alwayes gods particular part , as he is eternally lord of the world , and that the patriarchs before the law were by special ●●velation commanded to pay tythes , but this cannot be granted . he knows the proverb , win it and wear it . if he can prove it , let him ; if not , he must be content to forego it . and for the repeal of tythes after the law , it is before demonstratively argued both from the dissolution of the priesthood to which the expiration of the term for which , and the express repeal of the law by which they were granted . he adds , ibid. if the divine authority hath established a maintenance , that supposeth it was such a maintenance as was due before , according to t. e. pag. . i deny that the establishing a maintenance doth suppose there was a maintenance due before , but it doth not infer a parity of maintenance . it doth not follow , that because there was a maintenance due before , therefore the maintenance thus established must needs be the same , or such a maintenance as was before due . neither is this according to me , as he sayes , but according to himself , and his perversion of my words , pag. . where noting my opponent of instability in his position , i observe that he uses the words [ create and establish ] promiscuously , as if they were synonimous . and to shew their different acceptions , i tell him , that if he will say , temporal authority hath created ( 't is his own words ) a right to tythes , he thereby cuts off all pretentions to any right antecedent to that creation . if he will say , that temporal authority hath only establisht a temporal right to tythes , that supposes a temporal right to them before . observe , i did not say , that supposes such a temporal right to them as was before ; but that supposes a temporal right to them before . so here when i say , divine authority hath established a maintenance in general , &c. the word [ establish ] doth not suppose it to be such a maintenance as was due before , but supposes only that there was a maintenance in general due before , which is far enough from restrayining it to a particular kind of maintenance . thus he at once abuses me and his reader , and makes good the saying , posito uno errore , sequuntur mille. for upon this false and weak supposition that the establishing of a maintenance supposes it to be such a maintenance as was due before , he bestirs himself to prove that tythes were due before . in order whereunto , after his wonted manner , supplying his defects with confidence , he peremptorily affirms , pag. . that the maintnance paid to gods ministers before the law and under it , was tythes . the payment of tythes under the law is not questionable , as well as not imitable . but for the time before the law , i desire him to be less peremptory , and more demonstrative . if he please , i would gladly know who those ministers were to whom tythes as a maintenance were paid before the law ; seeing the scripture remembreth mel●hizedec only to have received tythes , and that but once , nor then as a payment , but a gift . and when he is upon this subject , he may seasonably explain his next sentence also , which is this , the priest-hood of melchizedec , and of levi , both were so maintained , namely , by tythes . the instance of levi is clear , but not to this purpose . but that the priest-hood of melchi●edec was maintained by tythes will be hard i think for him to prove . melchizedec himself , as i noted before , never received tythes but once , that we read of , and then he was at a considerable charge too ( for it cannot be thought so great a troop as abraham led with him , three hundred and eighteen of his own domesticks , besides his confederates aner , escol and mamre , could be refresht with bread and wine , for a small matter ) which expence deducted out of the tythe he received , unlikely it is the remainder should be enough to maintain him all the time of his priest-hood , if he , who was a king , and by the apostles comparison , heb. . greater then abraham had needed such a maintenance . and for iacob , though it is not to be doubted but he performed his vow , yet after what manner he performed it , is not agreed on ; some thinking he paid his tythes in kind to they know not whom ( of which number this priest is one , pag. . ) others with greater probability and better authority , that he offered them by way of sacrifice immediately to god. however it was , melchizedec could not have them , if we understand him to be sem , since most agree that s●m was buried long before . so that the holy text affords no countenance at all to this over-bold assertion , that melchizedec's priesthood was maintained by tythes . § . . he charges me pag. . with striving to pervert two texts ( cor. . and gal. . . ) by two limitations . first , in saying , the apostle's intent in those scriptures is not so much to set forth what the maintenance is , as who they are from whom it is to be received , namely such as receive their ministry , such as believe them to be true ministers , such as are taught by them , &c. this , he saves , is a notorious falshood , for in cor. . st. paul is all along speaking of the ministers right to be maintained . this is far enough from proving my words a notorious falshood , namely , that his intent is not so much to set forth what the maintenance is , as who they are from whom it is to be received : for his speaking of the ministers right to be maintained , is not a setting forth what the maintenance is . but he would perswade his reader that the apostles drift was chiefly to set forth what the maintenance is : for sayes he , he shews what maintenance was due to the jewish ●inisters , affirming that christ had ordained [ even so ] that we should l●●e of the gospel , that is , the rights of god under the gospel , and the acknowledgments made to him for the mercy therein revealed . the things of the christian temple and altar were to be our maintenance . and is not this to say what the maintenance is ? not a word in all this , who should pay it . this yet even as he has worded it , though he has added his own divination to the text , doth not so much express what the maintenance is , as from whom to be received . he sayes , the apostle shews what maintenance was due to the jewish ministers , affirming , that christ had ordained [ even so ] that we should live of the gospel . what [ even so ] as the iewish priests lived under the law ! what! just the very same maintenance as they had in every respect ! not so , i trow , then this doth not express what the maintenance is , although it doth that there is a maintenance . but the priest explains his [ even so ] that is , sayes he , the rights of god under the gospel ; what are they ? has not god a right to all under the gospel , as well as he had under the law and before it ? how then doth this express what the maintenance is ? unless he means that he would have all ? besides , he adds another branch of this maintenance , viz. acknowledgments made to god for the mercy revealed in the gospel , and these he seems to make distinct from the rights of god : for first , he reckons the rights of god , and then these acknowledgments made to him . but what are these ? are they not voluntary , arbitrary , uncertain ? and is this to set forth a certain maintenance ? how doth this man darken counsel by words without vnderstanding ? job . . but while he charges me with notorious falshood in saying , the apostles intent in this place is not so much to set forth what the maintenance is , as who they are from whom it is to be received , which is indeed a plain truth ; is not he himself guilty of the notorious falshood he labours so much to fasten on me ? in saying here , not a word in all this who should pay it ; when as from the very entrance of his discourse upon this subject , the apostle labours to convince the believing corinthians , that it was from them he might r●ceive maintenance . and he grounded his argument on this especially , that they had been taught by him , and had received his ministry . are not yov my work in the lord ? saith he , vers. . if i be not an apostle unto others , yet doubtless i am to yov : for the seal of my apostleship are ye in the lord , vers. . then besides the instances he uses of a souldier , a planter , a shepherd , he argues plainly from their having received first of him , vers. . if we have sown unto yov spiritual things , is it a great thing if we shall rea● yovr carnal things and vers. . if others he partakers of this power over yov , are not we rather ? from all which it is most apparent that he makes his labour amongst them and their receiving his ministry , the ground and reason of his demand . is not his expostulation with them particularly , who had received the gospe● through his ministry ? saith he not expresly , is it a great thing if we shall reap your carnal● ? yours , who are my work in the lord ; yours , who are the seal of my apostleship in the lord ; yours , unto whom i have already sowed spiritual things ; and is there not a word in all this who should pay , or who they are from whom the maintenance should be received . was this man well advised to tax me with a notorious falshood , for but saying , the intent of the apostle is not so much to set forth what the maintenance is , as who they are from whom it is to be received ? ( by which words [ not so much ] it appears i did not wholly exclude the maintenance , but shewed that the maintenance was not in this place so particularly and plainly described as the maintainers ) and yet himself not blush to say , the●e is not a word in all this 〈◊〉 should pay it : let him shew me from this text if he can , as plainly and particularly what the maintenance is , as i have done him , who they are from whom it is to be received . then in the instances of the o● the souldier , the shepherd , and vinedresser , he abuses me not a little . can these , sayes he , ( as st. paul brings them in ) belong to those who ●ay the maintenance ? doth the ox pay his master maintenance ? or the souldier give his prince a st●pend ? can he ( say i ) believe that this was my meaning ? or do my words admit such a construction ? doth not my application of each of those instances convict him evidently of dishonest dealing ? do i not say expresly , the ox was to be fed by him whose corn he trod out , pag. . is this to make the ox pay his master maintenance ? do i not make the souldier maintainable by him for whose defence he fights ? pag. . is this to make the souldier give his prince a stipend ? say i not most plainly , he that plants a vineyard m●y eat of the fruit , but it must be the fruit of the vineyard which he hath planted ; and that he that feeds a flock may eat of the milk , but it must be the milk of the flock whi●h he feeds ? ibid. and doth not the apostle say the same ? is not this the free and unconstrained sense of the place ? with what face then then can this man calm an abuser of scripture , and affirm that all the instances do shew the contrary to what i would squeez out of them ? have men that have no names , no fore-heads neither ! the ox ( he sayes ) must not be starved , who is willing to work , though he be not actually imployed by him that feedeth him , pag. . who said he must ? was it likely i would have the ox starved , when i said expresly , the ox was to be fed ? is feeding the way to starve him ? doth not this unjust man know fulwell , that the question was not whether the ox should be fed or no ; but who in equity are bound to feed him , they by whom he is imployed , they for whom he labours , they whose corn ●e treadeth out ; or they who do not imploy him at all , they for whom he never labours , they whose c●rn he doth not ●read out , nor can , and whose business or service he is not at all fit for ? this was the plain case , as my words manifest , the ox ( said i , pag. . ) that trod out the corn ( in the time of ●he law ) was not to be mu●zled , but was to be fed by him whose corn he trod out : but it was not agreeable to the equity of that law , that whi●e the ox trod out corn for one man , another should be bound to keep him , that had been unreasonable . now how unrighteous is this man , from hence to insinuate that i would have the ox starved ? and how impertinent , to argue that the ox must not be starved , though he be not actually imployed by him that feeds him ? thereby fallaciously intimating ▪ that the controversie rested upon that point , whether the ox should be fed , though by him for whom he laboured , any longer then he was in actual imployment , which was no part at all of the controversie ; but whether while he was imployed in one man's service , while he was treading out corn for one man , another , for whom he did no service , should be bound to keep him . this i said was unreasonable , and not agreeable to equity . the same i now again affirm , and dare expose it to the strongest assault my opponent is able to make against it . now for the latter place , gal. . the priest sayes , s. paul tells them , they must give the ministers a part of all their good things ; and is not that ( saith he ) a declaring what the maintenance is ? by this he would again insinuate that i had altogether denyed there was any kind of character or description at all of the maintenance in these texts , which is very unworthily done of him : for he knows fulwell my words are not positive , but comparative . i do not say the apostle doth not at all set forth what the maintenance is , but that the intent of the apostle in those scriptures , is not so much to set forth what the maintenance is , as who they are from whom it is to be received . and that the maintenance it self is not so much set forth , not so plainly , fully , particularly and positively declared and described in these texts , as the maintainers , the persons from whom it is to be received , i have already shewed on the former scripture , and shall do now on this also . let him ( saith the apostle ) that is taught in the word , communicate unto him that teacheth , in all good things . here now is most plainly and fully declared who it is that is thus to communicate , who it is from whom the maintenance is to be received , namely , he that is taught in the word : but what the maintenance is to be is not so plainly , s● fully , so particularly set forth ; but in a general term , in all good things . no quantity exprest , whether a tenth , a fifth , a fifteenth , or a twentieth part , but lest to the free will of the giver , which renders the proportion uncertain . in which respect , the maintenance here is not so plainly , particularly and certainly exprest , as it is from whom it should come , which is positively and certainly bounded and limited to him that is taught in the word . § . . he confesses , pag. . ( for he cannot avoid it ) that the apostle sayes indeed , he that is taught in the word must give this ; but that ( sayes he ) is to distinguish christians from heathens , of which the world was then full . the heathen ( he acknowledges ) was not bound to maintain the gospel-ministers , but the catehumen , the christian who was or might be taught , if his own laziness , or pride , or obstinacy hindred not . is this according to the text ? doth the apostle say , let him that is , or might be taught , not if his own laziness , or pride , or obstinacy hindred , c●mmunicate , & c ? he who was so careful to preach the gospel of christ without charge , cor. . . he that would not reap carnals , but where he had before sown spirituals , nor there neither alwayes ; he who was so wary whom he received of , that he would not use the just power he had of receiving maintenance from them who were his own work in the lord , and the very seal of his apostleship ; can it be thought that he would be maintained by the lazy , the proud , the obstinate ! may it be supposed that he , who sayes , let them that are taught in the word communicate , &c. would have them also communicate , who are not taught , but are hindred from being taught by their own laziness , or pride , or obstinacy ! if all such should be drawn in to maintain the gospel-ministers , who then should be left out ! upon what reason then were the heathens exempted ? might not they have been taught , if their own laziness , pride , or obstinacy had not hindred ? so that , although the priest sayes , the heathen was not bound to maintain the gospel-ministers ; yet according as he has glost the text , and by the same reason upon which he would bring in such as might be taught , but are not ; the very heathen is liable to be brought in also to this communication for the ministers maintenance , because , though he is not , he might be taught if his own laziness , pride or obstinacy did not hinder . this is indeed a notable way to advance the priests maintenance : but neither is this way agreeable to natural reason or gospel-truth , nor are they ministers of the gospel , who can receive , much less exact a maintenance after this manner . he sayes , ibid. that still this ( speaking of gal. . . ) proves not t. e.'s foolish inference , that none must contribute to a ministers maintenance , but those that are taught by him actually . what quirk he couches under the word [ actually ] i know not . sure i am , he found it not in any inference of mine . however , if he intend no more by being actually taught then the apostle expresses , [ let him that is taught , &c. ] i shall not think much of his calling me fool , having so good and so wise a man as the apostle paul to bear me company in this reproach . and indeed , i had rather be thought a fool , for sticking to the apostle's sense , then found a knave by perverting ●is sense , to uphold a selfish interest . but if the priest had been desirous of an inference of mine to consute , he needed not have formed an inference for me : for in pag. . of my book , he might have found a pai● together , very pertinent to this purpose , as having respect not to this text only , but that of cor. . also , in these words , all therefore that can be inferred from these instances will amount to no more then this , first , that a gospel minister may expect and receive a gospel maintenance from such as receive his ministry . dly . that a gospel minister oug●t not to expect any maintenance from those that do not receive his ministry . this is plain and full , and as i take it , close to the point ; & it may be he takes it so too , which made him not willing to undertake it , but fairly pass it by . he adds , ibid. that these places say nothing against a gospel-minister's receiving maintenance from all professed christians . this is somewhat like his saying before that i could not make it appear abraham did not pay tythes . if from these places he would derive his claim , it will not be enough , that they speak not against what he claims , but it is requisite they should speak for it , and that plainly too . but these places are so far from speaking for such a latitude as he aim at , of scraping maintenance from all , taught or untaught , that ●o but bear the name of christians , that they speak against it . the instances of the ox , the souldier , the ●lanter , the shepherd , do sufficiently shew , that as maintenance is due to those that labour , fight , take pains and care for others , so its due from them for whose sak●s the labour , hazard , pains and care is undergone and to whose benefit it redounds . and in the two last instan●es of the planter and shepherd ( which may explain the other two , being of like application ) the apostle sends the planter for fruit directly to the vineyard of his own planting ; and the shepherd for milk , to the flock of his own feeding . the shepherd was not to go to another flock , and say , these are sheep too , and therefore i 'le milk them , i 'le fleece them : but he was to consider , whether he had fed them , and if he had not fed them , he had no reason to expect milk from them . for if paul had not sowed unto the corinthians spiritual things , it had then been a great matter for him to have reaped their carnal things . but he grounds the reasonableness and equity of his right to their carnal things , upon the labour he had bestowed on them , and benefit they had received by him in spiritual things . and in his other epistle to the galatians , he plainly shews that as he that teaches was to be communicated to , so the communication was to be from him that was taught . and as this was the doctrine , such also was the practice of the apostle . he was not forward to pick up a maintenance from every one that profest christianity , as appears in the case of lydia , who was fain to use more for●ible arguments , then her bare profession of christianity , but to get him to her house , beseeching him , and those that were with him , if they judged her faithful to the lord , to come into her house , and abide there , acts . . neither were the disciples , when they were sent forth to preach permitted by their master to receive so much a● food from any but those that received their message , luk. . , , . so that all along the new testament , wheresoever there is mention of ministers maintenance , it is with relation to them that own the ministry . but this the priest doth by no means like , well knowing the loss that he and his brethren would sustain , if none should be bound to maintain them , but such as own their ministry ; and therefore he uses all his , endeavour to avoid the force of this argument . he would put it by , first , by urging , pag. . that according to the quakers principles , the christians of old were all immediately taught by inward revelation ; and if so ( sayes he ) what need any gospel-ministry at all ? what need of outward means ? what need had they ●o have any teachers of the word ? or with what equity could this teacher require maintenance of them , that had no occasion for his teaching at all ? if the christians of old were all immediately taugh● by inward revelation , yet it doth not thereon follow , that there was no need of any gospel ministry at all , as he supposes . for if the christians of old were all immediately taught by inward revelation ; yet a time there was when they were not so taught , but were unconverted to the faith of christ. the apostle paul in his epistle to the ephesians , chap. . vers. . tels them , ye are now light in the lord. but withal he adds , ye were sometime darkness . now how came these ephesians to be changed ●rom darkness to light ? was it not by the means of a gospel ministry ? doth not the same apostle speaking of the ministry committed to him , acts . , , . say expresly that he was made a minister , to open the eyes of the gentiles , and to turn them from darkness to light , & from the power of satan unto god ? thus the ephesians , who were sometimes darkness , came to be light in the lord , having their eyes opened , and being by this ministry turned from the darkness to the lig●t . nor was it thu● with the ephesians only , but with both iews and gentiles in general● the work of the gospel ministry was to turn both ie●s and gentiles from the darkness and unbelief of iudaism and gentilism to the light and faith of christ jesus . now if after they were so turn'd from the darkness to the light , and from the unbelief to the faith , they were immediately taught by inward revelation ; yet it cannot possibly be supposed they were so taught before they were so turned , while they were in the darknes● , and in the unbelief . so that there was need of that ministry to turn them from darkness to the light , and from unbelief to the faith , in order to bring them to that inward revelation by which they might be taught . hence it appears , that if what he asserts to be according to the quakers principles should be granted , viz. that the christians of old were all immediately taught by inward revelation , yet his inference from thence of no need of a gospel ministry at all , is fals● , since there was need of a gospel ministry to bring them to that state wherein they might be so taught . and though this work of gathering people out of the iewish and heathenish states to the christian faith , of turning them from the darkness ( in which they could not see ) to the light of the gospel ( by which they might see the divine mysterie● of the heavenly kingdom ) was the first and chief work of the ministry ; yet was it not the only end or service to which that ministry was appointed , and for which it was indued with power from on high. for when christ ascended up on high , and led captivity captive , he gave gifts unto men , for the perfecting of the saints , for the work of the ministry , for the edifying of the body of christ , eph. . so that the work of the ministry was not only to bring to the faith , but to build up th● saints in the faith , whereunto they were brought by it : which twice in one epistle the apostle paul affirms , cor. . . and . . and very serviceable to the saints was the ministry of that day , even to them who knew the truth and were established in it , them that had received the anointing , had it abiding in them , and were taught by it , by exhorting them to keep to it , and to abide in it ; by putting them frequently in remembrance of their duty , and stirring up their pure minds thereto , in which they were helpers of the saints joy . here then the priest is found in an error , in infering a conclusion which doth not follow from his own premises . for if it were granted him that the christians of old were all immediately taught by inward revelation ; yet it doth not thence follow , that there was no need of any gospel ministry at all ; since it is evident a gospel ministry was altogether needful to gather them to the true faith , and direct them to the inward teaching ; and very useful and serviceable to confirm and build up in the faith , even those who are come to the anointing in themselves , and were taught by it . but seeing the priest upon a false hope that he had gotten an advantage , adventures so far as to argue equity , a thing rare to be found amongst them ; and upon a wrong conclusion asks , with what equity could this teacher require maintenance of them , that had no occasion for his teachi●g at all ? i will assure both him and his brethren ( in the name of all my fellow quakers , as he calls them , the meanest of which ( that is truly such ) i heartily embrace as my fellow ) that the quakers , as they have no good opinion of his or his brethren's reaching , so they have no desire to be taught by them , nor have any occasion for their teaching at all , being far better taught without them . and hereupon i ask him in his own words , with what equity be and his fellow priests can require maintenance of them , that have no occasion for their teaching at all ? his second shift to void the force of those text● which restrain the ministers maintenance to them that receive and own the ministry , and to justify the priests practice of extorting tythes from those that are not taught by them , is an exact parallel case , as he calls it , which he thus brings in , pag. . suppose a pious man ▪ sayes he , an hundred years ago did endow a free-school with l. per annum , to be raised out of the profits of a parcel of ground , worth l. per annum , ( that is , the tenth part of the profits ) on condition that all the boyes in such a town should be taught , gratis . now suppose there be a master legally invested in this school , resident at it , and ready to ●each all the boyes of that town , if they will come , it being the same trouble to him to teach . as . but it may be not above . of . boyes within that town will come to be taught , the rest are truants , and do not come . if t. e. himself were the heir or tenant to this l. per annum , would he thin● it just or reasonable to stop l. of the l. because half the boyes do not co●●● to be taught . this ( he sayes ) is the very case between the present clergy and the quakers . but he mistakes in this as well as the rest . his parallel will not hold between the quakers and the boyes ; for the boyes in this case , whether they come to school or stay away , are not concerned in the maintenance of the master , but the quakers whether they hear the priest or stay away are concerned ( more then they should ●e ) in the maintenance of the priest. the school-master has no advantage at all from the boyes , if they come to be taught , for he receives his stipend from another hand , without any dependance on the boyes . and if the boyes come not to be taught , they suffer nothing , they lose nothing , for as they receive nothing , they pay nothing . but the case is far otherwise between the priest and the quakers . for the priest comes for his mainten●nce to the quakers , and has his dependance on their labour , and whether the quakers come to hear or no , to be sure he make them pay , that is , he tears away their substance from them . see now the difference between the boyes and the quakers ; the boyes pay nothing though they are taught , but the quakers must pay though they are not taught . the boyes are taught for nothing : the quakers pay for nothing . is this his exact parallel , his very case ! if he would have made the boyes case parallel with the quakers , he should have supposed the masters stipend was to be raised out of the boyes earnings , as the priests maintenance is extorted out of the quakers labours ; and then , if the boyes had found the master as uncapable of teaching grammer , as the quakers have found the priests uncapable of preaching the gospel ; or if the boyes had found the master had taught false latine , as the quakers have found by sad experience , the priests have taught false doctrine , i think the boyes would have been much more commendable for seeking out an abler teacher , then the master could have been excusable for taking away the poor boyes money , when he neither did , nor could do them any good . i might here shew the disparity and unaptness of his comparison in many other particulars also , both as to the donation , the certainty of stipend , &c. but this which is said will i doubt not sufficiently manifest , that instead of shewing the fallacy of my arguing ( which by this parallel he undertook to do ) he hath but shewed his own weakness . § . . in his th section , pag. . he charges me thus , t. e's second device to take off his former grant of a general maintenance establisht by divine authority , is pag. . that christ hath expresly s●t down what this gospel maintenance is , viz. only meat and drink , mat. . . luke . , , . cor. . . upon which he thus comments , tru●y this seems some-what strange , sayes he , that t. e. should first say , divine authority hath only establisht a maintenance in general , and in the next page but one , affirm , that the same authority had particularly exprest what this maintenance must be . if ( sayes he ) christ have allotted the particular maintenance , then he hath not left it ●o generals ; if he have established it only i● general , then hath he not exprest the particulars . one of these ( adds he ) must be false , for indeed there is a● manifest contradiction . in his parallel but now i noted him of weakness , but here i cannot excuse him from wickedness in thrusting in words as mine , which he certainly knows are not mine , that he might thereby pervert my meaning . disingenuity is too mild a word to express such dealing as this is by ; this is plain dishones●y . truly ( sayes he ) this seems some-what strange , that t. e. should first say , divine authority had only establisht a maintenance in general , and in the next page but one , affirm , that the same authority hath particularly expressed what this maintenance must be . here he affirms , that in one page i say , divine authority had only established a maintenance in general , and that in the next page but one i affirm , the same authority hath particularly expressed what this maintenance must be ; where the words [ only ] in the first place , and [ particularly ] in the second , are not my words , but his own , thrust in on purpose to abuse me , and render my sayings absurd and contradictory . in the first of those places , pag. . he refers to , my words are plainly thus . that a maintenance in general to the ●●inisters of the gospel , is iust , reasonable , and established by a divine authority , i grant . here 's no such word as [ only ] and yet he affirms , that i here say , divine authority had only established a maintenance in general . in the other place , pag. . my words are , but what this gospel maintenance is , is expresly set down by christ himself . here 's not the word [ particularly ] and yet he sayes , i here affirm , that the same authority hath particularly expressed what this maintenance is . and the better to perswade the reader that ● had so written as he reports me , when he first repeats my saying that christ hath expresly set down what this maintenance is , he adds in the same character [ viz. only meat and drink ] as if he had taken these words also out of my book together with the other ; and then sayes , truly , this seems some-what strange . doth it so more shame for him that made it seem so . truly it would seem the more strange to me also , that he should deal so unjustly by me , had he not served me in the like manner more then once before . nor can it be supposed this happened by chance , since he insists deliberately on it , and argues from it . for he sayes , if christ have allotted the particular maintenance , then he hath not left it to generals ; if he have established it only in general , then he hath not expressed the particulars . and he improves his argument to this conclusion , one of these must be false , for indeed there is a manifest contradiction . but does he not know which of them is false ? i will tell him then , 't is that which he has falsified , to make the contradiction . but till he had thus corrupted them , there was neither falshood nor contradiction in them , nor any thing else that might seem strange . for , if the first part had been a position , as it was but a concession , yet i hope it had been no contradiction to say , first , that a maintenance in general is established by a divine authority ; and afterwards , that christ hath expresly set down what this maintenance is . but he goes on upon this willful mistake , that i say , the maintenance is only meat and drink . and having first bestowed his usual livery of folly upon me , he yields , pag. . that in those texts which i cited out of st. matthew , and st. luke , the maintenance set down is meat and drink . when the apostles ( sayes he ) went to the prejudiced and unbelieving jews with the first news of the gospel , meat and drink was as much as they could expect ; and christ bids them to take that and be contented . but this he sayes was upon a particular occasion , and to apply these rules to all ministers , or to the general commission he gave them afterwards , is the most rididulous and absurd thing imaginable . though the disciples were then sent but into the cities of iudea , yet the service they went upon was the same then as after , viz. preaching the gospel . and if the iews , amongst whom they then went , were prejudiced and unbelieving , both iews and gentiles , amongst whom they went afterwards , were prejudiced and unbelieving also . so that to urge this as a reason why meat and drink was as much as they could expect , and therefore that they were to take that and be contented , is weak arguing ; for it supposes they were to be content with that , because they could get no more , whereas they were not to take so much as that , unless it were freely given , and by them that were worthy ; he who opened the hearts of any to give that , could have enlarged their hearts to give much more , had he pleased . but if to apply the maintenance in these places exprest , to the general commission given afterward be absurd ( as he sayes ) where shall we find any other maintenance to apply to that commission , since he that gave the commission mentions no other maintenance but this ? but he sayes , pag. . when christ bids his apostles to take meat and drink , and be content , he doth no where forbid them to receive more , if good men freely gave it to them . i do not say he did . but the question is not what freedom they might use in receiving what good men freely gave them : but what was due unto them for their service , and what they might justly expect . which although my injurious opponent would in my name limit to meat and drink only ; yet as i used not those terms [ only meat and drink ] so neither do i think the intent of our saviour was to tye up his ministers to meat and drink only , in the strict and literal sense of the words , but by the phrase of eating and drinking to intimate the necessary conveniences of life . and so the apostle paul seems to understand it , when speaking of maintenance , with reference to these texts , as his phrase gives ground to believe , he sayes , have w● not power to eat and to drink , c. r. . . and in another place , having food and rayment let us be therewith content , ti● . . . which phrase [ food and rayment ] is commonly understood to express the necessaries of man's life . what therefore he urges hereupon ( viz. that if christ had determined meat and drink for the only gospel-maintenance , then the apostles had been great sinners in receiving the price of possessions sold and dedicated , and that they must have returned them back again , as must also st. paul have done the wages he took of other churches , and those liberal presents he received from the philippians ) is all grounded on a mistake that i restrain the gospel-maintenance to meat and drink only , as if it were not lawful for a gospel-minister to receive any thing but meat and drink only , though never so freely offered by such as receive his ministry , and reap the benefit of it . whereas he that shall impartially read what i have there written , and not strain my words to a construction which the scope and drift of them cannot fairly bear , may clearly see , that i do not strictly tye the maintenance to meat and drink only , since i there qu●te and apply the words of the apostle , having food and rayment ( which is more then meat and drink only ) let us therewith be content . besides , the scope of my argument in that place was not to shew what freedom a gospel-minister may have , or how far it may become him to use that libe●ty , in receiving what is freely and voluntarily given by those that own and embrace his message : but what he may justly look for , and expect to receive as his right , and from whom . now we know there is a great difference between expecting or looking for a thing as a just due , and receiving or accepting a thing as a free gift or benevolence : which distinction the priest not observing , hath argued thus loosly and at random , urging the free gifts and voluntary presents made to the apostle by some churches whom he had planted , watered , and bestowed much of his labour upon , as examples and presidents for himself and his brethren of the clergy to demand , require , exact , extort and by force take from people now their goods and substance , not only against the owners will , but even from such as they have neither planted , watered , nor laboured for ; such as receive not , nor own their ministry . here the other priest in his vindication , pag. . hath a particular crochet , from my saying , what this gospel-maintenance is , is expresly set down by christ himself , when he said to his disciples , eat such things as are set before you . eat and drink such things as they give ▪ &c. he infers , according to this rule tythes are a gospel-maintenance , which have been expresly set before us , expresly given us . a pretty quirk ! because those things which were freely , chearfully & without any constraint , set before the apostles or given to them , were the proper maintenance appointed for them ; therefore tythes , which poor men full sore agai●st their wills ( as well as beyond ther abilities ) are compelled , by the three corded whip of treble damages , to set out for the priests , is a gospel-maintenance also . is it not a sign they have an ill cause to mannage , who are fain to make use of such pittiful shifts as these ? but if he can satisfie himself that tythes are a gospel-maintenance because set before them , ( although they who so set them are constrained thereto ) yet what will he say to the case of those others , who preferring their christian freedom before outward liberty , and an undefiled conscience before all worldly priviledges and advantages , cannot by any terrors be induced to set the tythes before the priests , or give it to them ( as well knowing that neither are those priests the ministers of christ , nor tythes a gospel-maintenance ) but for their faithful testimony against them , have their bodies shut up in nasty holes and stinking dungeons , and their goods made havock of by the priests means , and forcibly taken from them ? will he call this a gospel-maintenance also ; such a maintenance may please such a ministry ; but they who know the gospel , understand better , and cannot be so deluded . but the priest adds , that if tythes were not melchizedec's due before such time as abraham gave him them ; yet when they were so given him , they were without all dispute , which ( sayes he ) will sufficiently make good our title to tythes ( could we lay no other claim unto them ) wherefore it was ( sayes he ) that i said before , that if they were not due by a divine appointment , yet are they now due by a voluntary dedication of them . that those tythes which abraham gave melchizedec were melchizedec's after abraham had given him them , is indeed without dispute ; but for the priest thence to infer , that that will sufficiently make good their claim to tythes , is an absurd and very irrational inference . though that gift of abraham's did intitle melchizedec to the things thereby given ; yet it did not entitle him to any thing else , either from abraham or any other person . so that if the priest had any right to claim from melchizedec , yet could he not thereby extend his claim any further then to those particular spoils which abraham gave melchizedec . for if melchizedec himself could not by vertue of that gift claim any thing else , much less then can any other . and though the priest finding ethelwolf's donation not so credible as he hoped it would have been , would now make as if in his former words , confer . pag. . [ viz. that if tythes were not due by a divine appointment , they are now due by a voluntary dedication of them ] he had reference to this gift of abraham's , yet is it but a meer shift and evasion : for it is manifest that by the civil powers and nursing fathers of the church , he had direct relation to ethelwolf and others who lived near his time . but men who account their tongues their own , will take the liberty to say any thing . § . . in his th section , he undertakes to shew , that our lord iesus and his apostles have sufficiently established tythes for the maintenance of the gospel-ministers ; and that they may be proved also out of the new testament to be due jure divino , pag. . this indeed is somewhat to the purpose . if he prove this , the controversie is ended . but if he has no better evidence to prove tythes due jure divino under the gospel , then he has offered to prove them so due before the levetical law , he will fall very much short of his undertaking . let us see however what he has to offer in this place , where his greatest strength may be expected . his first medium to prove that our lord jesus and his apostles have sufficiently established tythes for the maintenance of the gospel-ministers , is this , that there is no repeal of tythes in all the new testament . this is no more then he hath said before over and over , and which i have already discovered the weakness & emptiness of , having plainly shewed , that there was no necessity of an express repeal of tythes by name , either in relation to the claim made to them from a pretended right before the law , that pretended right not being grounded upon an express command ▪ or with respect to the assignation of them to the levitical priest-hood by the levitical law , that assignation being but temporary , and limitted to the continuance of that priest-hood , made ( as this priest sayes expresly , pag. . ) to the priests for the time being ; and so to expire in course with that priest-hood . and yet , to put the matter out of all doubt that tythes are ended with that priest-hood where the apostle mentions the change of the priest-hood , in the very same place he affirms , that the law is changed also , which he argues as a necessary inference from the change of the priest-hood . for the priest-hood being changed ( sayes he , heb. . . ) there is made of necessity a change also of the law. and that he speaks there with relation to the law of tythes , as well as the other parts of the levitical law , is most clear from ver. . where he saith , and ●erily they that are of the sons of levi , who receive the office of the priest-hood , have a commandment to take the tythes of the people according to the la● , &c. but now , the sons of levi being discharged from the office of the priest-hood , and that priest-hood , which stood in that tribe of levi , being changed , that law also is changed , according to which those sons of levi , who executed the office of that priest-hood , had a commandment to take tythes of the people . i appeal to every judicious reader , whether this be not the free and natural sense of the apostles words . and may not this be called a repeal of tythes ? then neither may the other be called a repeal of the priest-hood : for neither here , nor elsewhere , that i remember , is it said in so many syllables , the priest-hood is repealed . yet as there is enough said here , to warrant a conclusion that the priest-hood is ended , though the word [ repeal ] be not used ; so is there in like manner enough said here , to warrant a conclusion that tythes are ended also , though the word [ repeal ] is not used . he adds under this head , that our saviour did not revoke tythes , so far as they were moral , and a necessary provision for his ministers ; so far as they were founded on the law of nature , and primitive revelation , and grounded on an eternal reason , pag. . all this is but a new begging of the old question . i deny that tythes were moral , founded on the law of nature , or grounded on an eternal reason . this is true of maintenance in general , but it is not true of the modes and circumstances of maintenance , whereof tythe is one . for tythe ( as i have said before ) is a mode or way of raising maintenance , a circumstance of the quantity or proportion of maintenance . and though it be a dictate of the law of nature and eternal reason that there should be a maintenance , that the labourer should be rewarded ; yet doth not the law of nature prescribe the certain quantity or proportion of maintenance , nor the way or m●ans by which it must be raised . these depend not on an eternal , but on a temporal reason , variable according to the diversity of times , places and occasions . he adds further , if tythes had been the only thing of this kind to be abolished , it seems necessary there should have been an express revocation of them , which we are sure there is not ; and therefore expressa nocent , non expressa non nocent . tythes were not the only thing of this kind to be abolished : for all the other ceremonies of the law were abolished as well as tythes ; and yet , as necessary as it seems to him , he shall not find an express revocation of the one half of them . will he thence infer that they are not all revoked , or that those remain still in force , of which there is not an express revocation ! he understands better i hope . but if he will admit other ceremonies of the law to be abolished ; notwithstanding there appears no express revocation of them , he cannot with reason insist that tythes are therefore not abolished , because no express revocation of them appears . but how strangely partial is he , and misguided by a selfish interest , who would have tythes due without an express command , but will not allow them to be ended without an express revocation ! his rule , expressa nocent non expressa non nocent , is so far from confirming him , that it utterly overthrows his cause , and rases the conjectural and suppository foundation of a right to tythes before the law. for there 's his non expressa ( things not expre●● ) which do not at all hurt me , nor help him . and for his expressa nocent , i have already found him enough exprest , even in point of repeal and revocation , in those words of the apostle paul [ the priest-hood being changed , there is made of necessity a change also of the law ] heb. . . he concludes this first part of his proof thus . we may reasonably believe , that iesus intended they should remain of divine right as they had been reput●d alwayes before . is this cogent ? nay , is it indeed urgent or persw●sive ? how does he prove that tythes had alwayes before been reputed of divine right ? without b●gging the question he can do nothing . but why should we reasonably believe jesus intended tythes should remain of divine right ? because he took away the law , by which they were due , and the priest-hood to which they were due ? were these arguments of his intention that tythes should remain ! with much more reason may we believe that jesus intended they should not remain , seeing he ( who knew as well as this priest , that the assignation of them was made but to the priests for the time being ; and that therefore , without a new institution , they would be void in course at the dissolution of that priest-hood ) did not think fit , either by himself or his apostles , to give so much as an intimation , either by word or practice , that tythes should remain for the maintenance of gospel ministers . had christ intended a continuance of tythes , it is not to be doubted but he would have signified his intention . but seeing no such thing is exprest , the priest must remember his own axiom [ non expressa non nocent . i. e. things not exprest , do not hurt ] and be content . § . . thus i have gone through the several parts of his first medium , in which there is no strength at all to prove his position , that our lord je●us and his apostles have sufficiently established tythes for the maintenance of the gospel ministers . i come now to his second , which runs thus , but this is not all , for there are positive laws which do fairly intimate , that tythes were to be the maintenance of the gospel ministers , when the church was settled , page . 't was well what he said before was not all , for if it had , he had as good have said nothing . and truly i somewhat question whether what he sayes now will be much more to the purpose . 〈…〉 here are positive laws , he sayes , which do fairly intimate , &c. are intimations the proper results of positive laws ? if the laws are positive , methinks they should declare positively , not only hint things by intimation . but waving that , ( and his other less positive proofs , such as our saviour's affirming , tythes ought to be paid , in the time of the law , when all men grant they were due , &c. which , he sayes , plead only a probability , and which i deny to plead so much as a probability ) i hasten after him to those two plain places ( as he calls them ) which i take to be the positive laws mentioned before , which , he sayes , do fairly intimate , that tythes were to be the maintenance of the gospel ministers , when the church was settled . the first of these two plain places , is that ( he sayes ) of st. paul , cor. . . affirming , that like as the jewish priests and levites lived of the tythes and oblations under the law , even so there was a special ordinance of christ , that they who preach the gospel should live of t●e gospel : that is , sayes he , of those good things which should be dedicated and offered in gratitude for the gospel , p. . how hard is this poor man put to it , to piece up something that might look a little like a proof . this is at least the third time , that he has been driven to his [ even so ] and yet he is even at a loss still . for supposing the partcle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be necessarily rendred [ even so ] as it is , what can be thence inferred ? that gospel ministers should live of the gospel even so , as the iewish priests and levites lived of the tythes and oblations under the law ? what , just as they lived ? exactly after the same manner ? why then the ministers of the gospel should not have the tythes , but the tythes of the tythes , that is , but the hundredth part ; for even so the iewish priests bad , the levites had the tythes , and paid this hundredth part , or tythe of tythe to the priests , and the rest of the priest maintenance was made up by oblations . so that if the priests now will needs as gospel ministers be maintained , and live even just so as the iewish priests lived , they must introduce the iewish oblation● again , the burnt-offerings and bloody sacrifices , as in the time of the law , and so deny the one offering , and become debters to the whole law. this looks strangely ; and yet i see not how it can be avoided , if they will strain the particle [ even ] to an exact parity of maintenance between iewish priests and gospel ministers , and if they do not strain it to such a parity , they cannot squcese tythes out of it ; for then they that preach the gospel may live of the gospel , as well as the iewish priests and levites lived of the things of the temple , and of the altar , and yet not by tythes . and indeed , notwithstanding his [ even so ] that he sayes to explain what it is to live of the gospel , that is ( sayes he ) of th●se good things which should be dedicated and offered in gratitude for the gospel , is fa● enough from proving it must be tythes : for this shews the maintenance was to be what believers were willing freely to give , which might as well be a s●xth , or a twelfth , a fifth , or a fifteenth part , as a tenth , according as their ability would permit , or the occasion should require . and if it were in the donors choi●e what part to give , that leaves no place for a divine right to tythes . thus then we see this first of his plain places , and positive laws , is so far from affording a positive proof that tythes were to be the maintenance of the gospel ministers , that it doth not so much as fairly intimate it . but to help out the matter he adds pag. . that the blessed iesus who ordained this , did incline the hearts of pious christians to dedicate tythes and other oblations made in gratitude for the gospel . this i shall have occasion to take further notice of , when i shall come anon to examine his dedications , donations and charters . in this place let it susfice , that what he takes for granted , i deny , and expect proof of . the world is not ignorant what heaps of oblations and dedications have been made , under pretence of gratitude for the gospel , by many whose hearts the blessed jesus did never incline thereto . i come now to his second plain place or positive law , as he calls it , which he thus brings in , le●t any should say , this text supposes something will be given , but doth not enjoyn the christians to give , ●e have another law directed to the people , containing both their duty and the ministers right , ga● . . . let him that is taught in the word communicate unto him that teacheth in all good things . his former text , he sayes , supposes something will be given , and this en●oyns something shall be given , but neither one nor ●other expresses what part . what proof then can either of these places afford that tythes , or the tenth part , was to be the maintenance of the gospel ministers , and that our lord jesus and his apostles have sufficiently established tythes for the maintenance of the gospel ministers , whenas neither of these places mention tythes or any certain quantity ! he that is taught in the word is to communicate unto him that teacheth in all good things . that he doth as really , though not so largely , who giveth but an hundredth part , as he that giveth a tenth . and on the other hand , if he that is to be the receiver may take the liberty of fixing the quantity , he may if he please , make it a third part or a half , as well as a tenth . we see then no certain conclusion can be drawn from these texts as to the proportion or quantity of maintenance , that being left wholly free , and at the disposal of the giver . consequently tythes , which are a certain quantity cannot be proved by these scriptures to be established by our lord iesus and his apostles for the maintenance of the gospel ministers . thus these two plain places and positive laws ( as the priest calls them ) are plain and positive enough against him and his brethren , to prove , that they ought not to exact maintenance from those that deny their ministry : but will not prove what he would have , viz. tythes for the gospel maintenance , either positively , or by fair intimation . to back his insufficient proofs , he ru●s over again his overworn stories of the antiquity of the tenth part , how it was made known by god to be his part by revelation , and learn'd by the heathens by primitive tradition , and much more of the same rank . in all which his conclusions , are no more forcible then that in all reason it ought to be that part ; and there is no reason to 〈◊〉 , but that this is the share or portion of gospel ministers , pag. . but this being so groundless , and having been so often answered , i think it not worth my while to stay upon ; but proceed to an objection he makes , pag. . there is ( sayes he ) but one objection against this , viz. that tythes are not mentioned in the gospel or epistles to be the very part . if there were no other objection but this , yet this is such an one as he can never be able to remove . a grand objection indeed , st●ongely inforced against himself by the maxim urged by himself , ( pag. . ) non expressa non nocent , those things which are not exprest do not hurt this shuts out all his conjectures , and suppositions , and restrains him closely to what is exprest . but seeing ( by his own confession , pag. . ) tythes are not exprest , not mentioned in the new-testament to be the gospel-maintenance , how rash and over-confident was he in the entrance of his th section to assert ( pag. ) that our lord jesus and his apostles have sufficiently established tythes for the maintenance of the gospel-ministers , and that they may be proved also out of the new-testament to be due , jure divino ! will he undertake to prove that out of the new-testament , which he confesses is not mentioned in the new-testament , and yet at the same time tell us , non expressa non nocent ! what man of reason , modesty or name would not be ashamed of this ! but besides this which he hath brought , there are other objections against tythes being the maintenance of gospel-ministers , namely , that tythes or a tenth part is a ceremony , mode , or circumstance of maintenance , and as such was a part of the ceremonial law , which being abrogated by christ , was not fit to be received amongst christians ; that a maintenance by tythes , or any other certain , fixed and determinate quantity , is not agreeable with the nature of the gospel , which as it self is free , so ought the maintenance also to be ; this being one of the believers priviledges under the gospel : the law was a state of bondage ; the gospel is a state of liberty . the law represented the condition of servants ; the gospel that of sons . the law treated those that were under it , as children in nonage under tutors and governours ; the gospel treats them that receive it , as men arr●ved to an adult age . besides , under the gospel , tythes are not an equal way of maintenance , in respect either of the giver , or of the receiver , or of the service . many other objections might also be urged against tythes being a gospel-maintenance , but these may serve to convince the priest , that he was too hasty in concluding there is but this one objection which he has brought . but leaving these , at least at present , let us see how he attempts to remove that one objection which himself has urged , viz. that tythes are not mentioned in the gospel or epistles to be the very part . to this , sayes he , i reply , there are very good reasons why tythes are not mentioned in the new-testament , by name ; his first reason is , to avoid all occasion of scandal to the jews , whose priests were then in possession of them . there is no weight at all in this reason ; for we see that in that very epistle which was written to the hebrew● or iews themselves , the apostle tells them expresly ( and argues it forcibly and undeniably ) that the iewish priest-hood , and the law by which they took tythes , together with that covenant , and the whole iewish polity , were abrogated and ended by christ. and he that had written all this so plain , so full , so home , needed he avoid mentioning tythes as a gospel-maintenance , for fear of giving offence to the iews ! what can be more irrational ! what could have been said more offensive to the iews then he in that epistle writ ! besides , whatsoever was written by the evangelists or apostles , whether it were historical or epistolary , it was written for , and dedicated to the believers in christ jesus ; not to unconverted iews , but to those who were turned from iudais●● to the christian faith ; which whosoever truly was , must needs be brought from off the iewish priests , and see the end of that priest-hood , by the springing up of a new one . it cannot then with reason be supposed , that they who believed the iewish priest-hood ended , and consequently that tythes were no longer due unto it , would in zeal to that priest-hood have taken offence at the mentioning of tythes for a gospel-maintenance , or that the holy pen-men did for that reason omit the mention of them . but further , if it might with any shew of reason be allowed that in not mentioning tythes as a gospel-maintenance , regard was had to the iews : yet what relation at all could this reason have to the gentiles , unto whom the far greater part of the epistles were written ? will he supose the gentiles would have been offended at the trasferring of tythes from the iewish priests to the gospel-ministers ? that indeed may well be supposed ; but not upon the score on which he grounds his reason . they might justly indeed have been scandaliz'd , had the iewish ceremonial maintenance by tythes been introduced among christians ; but not out of any love or zeal for the iewish priests , of whom they had not so great esteem , and to whom they bear not so much good will. neither is this all , but the emptiness and lightness of this reason will more fully yet appear to him that shall consider , that some of the apostles lived to see the iewish priests actually dispossest of tythes , and that nation dispersed and scattered , the synagogue not only dead , but buried , and the whole iewish polity destroyed , and yet after all this , no claim put in to tythes , no exortation to pay them , no mention of them as a gospel-maintenance . if therefore one should suppose the apostles forbore to claim tythes as the gospel-maintenance , while the iewish priests were possest of them , and that polity had yet some shew of standing , in condescention to the jews , and to avoid all occasion of scandal to them ; yet surely he must abandon all reason , and utterly renounce his understanding , that can believe they forbore upon this reason to claim tythes afterwards also , when they had seen the temple raised to the ground , the jewish priests actually dispossessed , and that whole polity totally subverted . if tythes had been intended for the gospel ministers maintenance , and in tenderness to the iews , ( as he fancies ) had been suffered a while to run in their old channel , till the whole jewish polity had been d●stroyed , yet what shew of reason can be given , why those apostles that lived to see the whole iewish polity destroyed , did not then turn tythes into their new and proper channel , and expresly declare , that tythes were the maintenance established by christ for the gospel ministers ? his second reason why tythes are not mentioned in the new testament to be the maintenance of gospel ministers is this , there was not any need for iesus to make any new law for tythes , since they were sufficiently declared to be due to god before , by revelation , and example , by reason and god's own choice ; by the grounds on which they were given , and the ends for which they were imployed , pag. . if his particle [ before ] refers to his second period , the time of the levitical law , he then speaks to no purpose at all , that law being ended , and any title thereby disclaim'd by the present clergy . and if it relate to his first period , the time before the levitical law , i have then already refuted this reason of his over and over ; and doubtless were he not at ● great strait , he would not thus nauseat his reader with tautologies . that tythes were due to god before the levitical law , and sufficiently declared so to be by revelation , example , reason , &c. he has beg'd a concession of beyond all degrees of modesty , but not offer'd one solid reason to prove . of the ground on which they were given , and the end for which they were imployed before the law , there is nothing exprest , and he knows who said , non expressa non nocent , i. e. things not exprest , hurt not . his third reason why tythes are not mentioned in the new testament to be the maintenance of gospel ministers is , because the devotion of the christians in those dayes was so great , that they gave more then a tenth freely , selling all and following christ , and bestowing on the apostles more then they were in a condition to receive , pag. . that the christians in those dayes gave more then a tenth , is more then he can prove . for though some of them sold their possessions , and laid the price thereof at the apostles feet , yet was not that given to the apostles for their proper use , but deposited as in a common stock or treasury , for the common supply and maintenance of them all , while they lived together in that community , which was not long . but what part soever it was that they gave , it is enough for my purpose that it was a gift , a free gift . and if our lord jesus did not think fit to make any new determination of the tenth part by name , pag. . after that the old determination thereof under the law was determined and ended by hi● death ; but committed his ministers to the christians devotion for maintenance , how comes this priest so confidently to affirm , pag. . that our lord iesus and his apostles have sufficiently established tythes for the maintenance of the gospel ministers ? how strangely doth he contradict himself herein , when in one place he is positive that our lord iesus and his apostles have sufficiently established tythes for the maintenance of the gospel ministers , pag. . in the other as express , that our lord and his apostles did not make a new determination of the tenth part by name , pag . and urges reasons to prove that they neither did nor needed make any new law for tythes ; as first , the great devotion of christians in those dayes , pag. . secondly , the expectation our lord iesus might have , that the joyful message of his gospel should be so thankfully received , that those to whom it was sent , should do as much freely to the gratifying his messengers , as the servile jews did by the compulsion of a positive law , pag. . thirdly , the fore-sight our lord iesus had , that his grace would open the hearts of kings and princes , and other devout persons to give more then a tenth part of their good things , to those in his name and for his sake , who were sent to preach the gospel . fourthly , that since such times were coming , our lord might probably on purpose decline determining the proportion too expresly , that christians might have the opportunity of a voluntary charity . fifthly , that this was more agreeable to the freedom and ingenuity of sons , which christians are compared to . sixthly , that positive laws were likely to be made when the decayes of piety and charity did require them , pag. . these are the reasons he offers for proof that our lord iesus and his apostles did not make a new determination of the tenth part by name , and that in the very same section , wherein he so confidently affirmed , that our lord iesus and his apostles have sufficiently established tythes for the maintenance of the gospel ministers . if they have established tythes , they have then established a tenth part by name ; for tythes are denominated , or take their name , from the number tenth . ( decimae a decimo ) but that neither christ nor his apostles have established a tenth part by name , and consequently have not established tythes for the maintenance of the gospel ministers , the reasons before recited , which the priest himself hath given , do plainly enough prove . for besides the great and prompt devotion of christians in those dayes , our lord iesus ( he sayes ) might expect that the joyful message of his gospel should be so thankfully received , that those to whom it was sent should do as much freely to the gratifying his messengers , as the servile jews did by the compulsion of a positive law. so then it seems our lord jesus did not think fit to compel christians by a positive law to pay tythes , but left the gratifying his messengers to that freedom , which he foresaw his grace would open their hearts to : for to maintain christ's ministers by the compulsion of a positive law , was ( as the priest rightly observes ) suitable to the s●rvile state of the iews , which christians , who are compared to son● , ought not to be subjected to , but le●t to the exercise of a voluntary charity , which is more agreeable to the freedom and ingenuity of sons . therefore he sayes , since such times were coming , our lord might probably on purpose decline determining the proportion too expresly . in all which he hath notably argued against himself , and sufficiently proved that the maintenance of the gospel ministry ought to be by free gift , voluntary charity , uncompelled , that the compulsion of positive law in this case , is a badge of iewish servility not agreeable to the christian state , which stands in and acts from the freedom and ingenuity of sons , and that therefore our lord iesus and his apostles did not make any new law for tythes , did not make any new determination of a tenth part by name , and that our lord might probably on purpose decline determining the proportion too expresly . but what now is become of his first assertion , that our lord iesus and his apostles have sufficiently established tythes for the maintenance of the gospel ministers ? did christ establish tythes , and yet on purpose decline determining the proportion expresly ? is not tythe or a tenth part an express determination of the proportion ? what manif●st contradiction has this over-hasty man run himself into ! again , if ( as he sayes , pag. ) there was no need for jesus to make any new law for tythes . if our lord and his apostles did not make a new determination of a tenth part by name , pag. . if our lord might probably on purpose decline determining the proportion too expresly , that christians might have the opportunity of a voluntary charity , pag. . if he expected they to whom his gospel was sent , should do as much freely to the gratifying his messengers , as the servile iews did by the compulsion of a positive law. and if this free , gratuitous and voluntary charity was more agreeable to the freedom and ingenuity of sons , which christians are compared to , then the servile compulsion of a positive law. and if positive laws were likely to be made when the decays of piety and charity did require them , pag. . which could not be in the apostles dayes , when the devotion of christians was so great , that they gave ( as the priest sayes ) more then a tenth freely , and bestowed on the apostles more then they were in a condition to receive , pag. . i say , if all this may serve to ●rove that our lord jesus and his apostles left the 〈…〉 of the gospel ministers to the free and 〈◊〉 charity of christians , fore-seeing that his 〈◊〉 would open their hearts thereto , pag. . and 〈◊〉 made no positive la● to compel them to the 〈◊〉 servility of paying tythes , what then becomes of those positive laws he speaks of , pag. . which he sayes do fairly intimate , that tythes were 〈…〉 maintenance of the gospel ministers , when the church was settled ? is there any thing in this but ●●●●radiction and confusion ? he has yet one reason more why tythes are not mentioned in the new-testament to be the maintenance of the gospel-ministers , and that is , that the state of the church in those dayes was such , that believers , though they were willing , could not have opportunity to pay tythes regularly ; nor could the gospel-ministers receive them , pag. . had he assigned this for a general reason , why tythes should not be paid at all under the gospel , he had said something to the purpose . but in restrayning his reason to the state of the church in those dayes only , he falls short . besides , how knows he that believers then were willing to have paid , and gospel ministers to have received tythes , had opportunity served ? i believe the contrary , and have many reasons inducing me thereunto ; but since he affirms it , let him prove it . however , if tythes ( as he dreams ) were to be the maintenance of the gospel-ministers , when the church was settled , the want of opportunity for the paying and receiving them regularly at that instant , could be no good reason why they were wholly passed over in silence , and no mention made of them to that purpose in all the new-testament , unless he would suppose that all that was mentioned in the new-testament had relation to the then present state of the church , and nothing to the future . but if some things relating to the future state of the church are mentioned in the new-testament , then surely so might tythes have been also , had they been intended for a gospel ministry's maintenance , when the church was settled . he adds , that as it was no prejudice to the jewish priests , that there was little or no tythes paid , during their fore-fathers wandring in the wilderness ; no more is it to us , that they were not paid regularly in the times of persecution , pag. . that could be no prejudice to the iewish priests , because tythes were not due to them , or required to be paid , till their wandring in the wilderness was over , and they settled in the land of canaan ; and an express command there was for the payment of tythes to them when they were so settled . but these priests can produce no command for the payment of tythes to them either before the times of persecution , in those times , nor after them . it is not then a non-payment of tythes regularly in the times of persecution that prejudices these priests : but that which prejudices their claim is , that tythes were never du● to them at all ; they have no command , nor ever had , to claim tythes by . yet he sayes , our lord iesus and the apostles said so much in the new-testament , that the primitive christians understood them to intend tythes for the gospel-maintenance , pag. . how knows he this , seeing the scripture is silent of it ? had the primitive christians understood tythes to be intended by christ for the maintenance of his ministers , no doubt they would have paid them : for they knew full well that saying of our lord , he that knows his masters will , and doth it not , shall be beaten with many stripes . their non-payment of tythes , therefore is a sufficient argument that they did not understand tythes to be appointed by christ for the maintenance of his ministers . he adds , that they ( to wit our lord jesus and the apostles ) said enough to shew , that the ancient divine right to the tenth part should be continued . i wish he had quoted his text for this , that i might have known whence he had it : for i have read the new-testament more then once , and yet i solemnly profess , i never read this there . but sayes he , pag. ● . it was neither necessary , nor convenient they should speak more plainly in this matter : this being sufficient to establish the divine right of tythes under the gospel , &c. this ! which ? what means he here by this ? did the not mentioning tythes at all in the new-testament for a gospel maintenance , establish ( thinks he ) the divine right of tythes under the gospel ? or did our lord and his apostles not making a new determination of the tenth part by name , do this ? or did his purposely declining to determine the proportion too expresly ? or what else may we suppose his [ this ] can relate to , which may be thought sufficient to establish the divine right of tythes under the gospel . certainly either he is very dark , or i am very d●ll : for in good earnest , i do not understand , what to refer his particle [ this ] unto . but whatever it is , i perceive he would have it sufficient , not only to establish a divine right of tythes under the gospel , but also , to teach us that tythes being originally due to god , and by christ assigned to the gospel-ministers , are now due to them , jure divino , pag. . this is much to the same purpose , as if he should have said that tythes being due , jure divino , are due , jure divino . if ever popery should prevail here , and this man turn fryar , 't is fit he should be of the mendicant order , he is so ready at begging . two questions has he very confidently begged in these two lines . first , that tythes are originally due to god , which that they are as tythes , as a tenth part distinct from the other nine , or more peculiarly then the rest , i have before more then once denied and disproved . secondly , that christ hath assigned ty●●es to the gospel-ministers . hath he so ? and yet tythes not mentioned in the gospel or epistles to be the very part , p. . tythes not mentioned in the new-testament , by name , ibid. that methinks is strange . what! an assignation ple●ded , wherein the thing pretended to be assigned , is not so much as named , nor the certain quantity described ! who ever heard of such an assignation before ? but how doth it appear there is such an assignation ? for we have hitherto but his bare word for it . before , when he spake of the levitical priest-hood's right to tythes ( of which no body doubted ) he was very forward to produce an express assignation , and a text withal to attest it . but now , when he speaks of the gospel-ministers right to tythes , ( which needs the clearest proof , and plainest demonstration ) his assignation and evidence are both to seek . is this to shew that our lord jesus and his apostles have sufficiently established tythes for the maintenance of the gospel-ministers ? is this to shew that tythes may be proved out of the new-testament to be due , jure divino ? pag. . is this to prove the divine right of tythes sufficiently established under the gospel , ( pag. . ) to say that tythes being originally due to god , and by christ assigned to the gospel-ministers , are now due to them , jure divino ? can any one doubt but that if tythes were indeed assigned to the ministers of the gospel , they were then unquestionably due to them jure divino ? or can it be imagined , that i or any man else would grant the first of these , and deny the latter was the question wheth●● , if christ had assigned tythes to the gospel-ministers , tythes would thereby have been due to them ? or was it not , whether christ had indeed assigned tythes to the gospel-ministers or no ? this belonged to him to prove ; and does he think to carry it without proof , by a sly supposing it ? he deceives himself . he sayes of me , pag. ● . i write to please an illiterate sect ; and i may gull the unlearned quakers into a belief , &c. but i wonder what learned sect he wrote to please , and what sort of readers he hoped to meet with , or what scantling of vnderstanding ( as his phrase is ) he suited his discourse to , when he said , tythes being originally due to god , and by christ assigned to the gospel-ministers , are now due to them , jure divino ! did he hope to perswade his reader by begging instead of proving , and by taking that for granted which indeed the main question in controversie , and which requires the most evident demonstration ? he might perhaps by this means gull some hasty heedless reader ; but ●en of sence and understanding are not satisfied with such put-off's . fair words may please fools , but wise men look for fair proofs . would he think i dealt fairly with him , if i should say , that he being a deceiver is not a minister of christ ? the conclusion is true , if it be drawn from a true proposition . it is clear enough , that he is not a minister of christ , if he be a deceiver ; but whether he be a deceiver or no , is the question , on the proof of which , the truth of the conclusion depends . now if instead of proving this proposition [ that he is a deceiver ] i should take it for granted , and without more ado infer from thence , that he is no minister of christ , i should do by him just as he has done by his reader . he sayes , tythes being by christ assigned to the gospel-ministers , are now due to them by divine right . the conclusion here is undoubtedly true , if the proposition be true from which it is drawn . no man in his wits will deny , that tythes are due to gospel ministers , if christ have assigned tythes to them : but that 's the question in controversie ; that 's the proposition to be proved , on the proof of which the truth of the conclusion depends . now instead of proving this proposition [ that christ hath assigned tythes to the gospel-ministers ] he takes it for granted , and with no more ado infers from thence , that tythes are now due to gospel-ministers , jure divino . is this like a disputant ? doth this become a man of his high pretences to schollarship and learning ? let the intelligent reader judge . § . . i am now come to the end of his th section , in which he undertook to shew , that our lord jesus and his apostles have sufficiently established tythes for the maintenance of the gospel ministers ; and that they may be proved out of the new-testament to be due , jure divino . before i proceed to his next section , i desire the reader to observe , first , that my opponent hath faln so far short of proving the establishment of tythes by christ and his apostles for the maintenance of gospel-ministers , that he hath plainly acknowledged tythes are not so much 〈◊〉 named in the new-testament , pag. . ( as indeed they are not , with relation to gospel-ministers ) secondly , that though he sayes , there are positive laws , pag. . yet he dares not say , those laws speak positively , but only that they do fairly intimate that tythes were to be the maintenance of the gospel-ministers , pag. . and to take off the force of his positive laws more fully , and shew how little positive they were with respect to tythes , he himself proves at large , that iesus did not make any new law for tythes , pag. , . and gives among others , this reason for it , that iesus might expect his messengers should be gratified freely . nay , so eager he is to shew why jesus made no new law for tythes , that no considering how destructive it would prove to his former talk of positive laws , pag. , , . he fairly argues the compulsion of a positive law to be iewish and servile ; and voluntary charity to be more ag●eeable to the freedom and ingenuity of sons , which christians are compared to , pag. , ● . thirdly , that those two texts , those two plain places , as he calls them , cor. . ● . and gal. . . make no mention at all of tythes or any certain part . they shew that some maintenance is due , they shew to whom it is due , and from whom , but they shew not the quantity of that maintenance , and consequently , do not prove tythes to be it . besides , he sayes , pag. . our lord and his apostles did not make a new determination of the tenth part by name ; and pag. . our lord ●ight probably on purpose decline determining the proportion too expresly , &c. now tythes being an express determination of the tenth part by name , it is evident even from his own positions , that tythes or a tenth part was not determined by our lord and his apostles , to be the maintenance of gospel ministers . fourthly , that although my opponent begins this section with a great deal of confidence , and seeming resol●tion , undertaking to shew , that our lord iesus and his apostles have sufficiently established tythes for the maintenance of the gospel ministers , and that they may be proved out of the new-testament to be due , jure divino . yet in the prosecution of this argument he flags and sinks ; he is not positive and plain , but delivers himself doubtfully and fearfully . ( we may reasonably believe , sayes he , that iesus intended they should remain of divine right , pag. . ) and in the close of the section miserably begs the question , that christ hath assigned tythes to the gospel ministers , and on that precarious bottom would set the divine right of tythes . thus far then we have gone , and find no firm foundation for a divine right to tythes under the gospel . no institution of them ; no new determination of them ; no establishment of them ; no mention of them in all the new-testament , as a maintenance for gospel-ministers . now reader , in the close of this section take the judgment of two eminent divines ( so called ) of the church of england , and see how contrary this priest is to them . the first is fulk in q. elizabeth's time , the other willet in k. iames his time . fulk on heb. . § . . having shewed that the payment of tythes , as it was a ceremonial duty , is abrogated with other ceremonies by the death of christ , and that any other sufficient stipend , whether it be more or less then a tenth part , may be appointed as well as tythes , adds , but that there is any sacrificing priest-hood , to whom it ( namely tythes ) is due in the new testament , the old payment of tythes doth not prove . neither did christ himself our high priest , ever make claim unto them : nor his apostles the ministers of the church , but only to a sufficient living by the gospel , to be allowed of their temporal goods , to whom they ministred spiritual goods , . cor. . . gal. . . thus he , by which we may see he was far enough from thinking what this priest affirms , viz. that christ and his apostles have sufficiently established tythes for the maintenance of the gospel ministers , and that they may be proved out of the new testament to be due jure divino , and that christ hath assigned tythes to the gospel ministers , &c. seeing he sayes plainly both that the old ceremonial payment of them is abrogated , and no new claim made either by christ or his apostles to tythes , but only to a sufficient living by the gospel , and that too to be allowed of their temporal goods , to whom they ministred spiritual goods . and he quotes the very same texts to prove the apostles did not claim tythes , but only a sufficient maintenance , which this priest has brought to prove , that that maintenance ought to be tythes , namely , cor. . . gal. . . willet in his synopsis of popery , fifth general controversie , pag. . repeating a canon of the council of orleans , thus , as it is in the will of the giver to give what pleases him , so if he find him stubborn and froward which receiveth it , it is in his power to revoke the gift ; sayes thereupon , we see then that the word of god hath laid no such necessity upon tythes , for then this council would not have permitted such liberty . and a little after , setting down the fifteenth article of the bohemians against tythes , he adds , therefore tythes are not necessarily due by the word of god. and a few lines lower , this ( sayes he ) may further appear by the practice of other churches , that the payment of tythes ( though of all other most fit ) is not imposed as a necessary law. then instancing several churches other wayes maintained , he adds , i alledge not the practice of these churches , as allowing the same ( for i prefer the condition of those churches , which yet do enjoy the antient provision of the ministry by tythes ) but only to shew , that the ●●stom ●f tything is not imposed by any necessity . and speaking of melchizede●'s priest-stood , he sayes , wherefore seeing melchizedec's priest-hood only resteth in christ , and is not translated to any other , and that the●e is now no sacrifice le●t but spiritual , of praise and thanksgiving , heb. . ● . it follows that by reason of any such external priest-hood ●r sacrifice , tythes are not now due unto the church , neither in any such regard ought to be challenged . again , pag. . if there were any such priest-hood , and tythes in that right did appertain to the church ; it is most like that our saviour christ and his apostles would have challenged them : but there is no one precept in the new testament concerning paying of tythes , but only for a sufficient maintenance for the ministers of the gospel . judge now , reader , whether this man thought ( as the priest does ) that our lord jesus and his apostles have sufficiently established tythes for the maintenance of the gospel ministers ; that christ hath assigned tythes to the gospel ministers ; and that they may be proved out of the new testament to be due jure divino . but leaving these testimonies to the reader 's censure , i proceed now to examine his right to tythes by donation , and voluntary dedication , which in his next section he makes way for , but does not directly enter upon , being diverted by a passage or two in my book , which it seems lay in his way . § . . first he falls with great anger upon me ; for saying in pag. . of my book , called , truth prevailing , though christ d●ny tythes , y●t if men will grant them , it will serve the priests turn . this he calls a most malicious inference , pag. . but who sees not the truth of it ? care they ( i speak of the generality of them ) how they come by them , so they can get them ? regard they whether they have them from god or man ? if some among them do , yet that this priest doth not , no man that indifferently reads his book , can doubt . but he thinks to pinch me closer upon this point ; i know , sayes he to his dear brother , you never said nor thought that christ denyed tythes , and since the quaker affirms , that christ doth deny them , let him produce the place of scripture where christ doth deny tythes to be given or granted to gospel ministers , or else he is a manifest slanderer of christ in this suggestion , pag. . i should not have thought this passage worth transcribing , but to detect his weakness , and shew him how severely he jerks himself , while he thinks to lash me . if i do not produce the place of scriptur● where christ doth deny tythes to be given to gospel ministers , he brands me for a manifest slanderer of christ. he himself sayes , our lord iesus and his apostles have sufficiently established tythes for the maintenance of the gospel ministers , pag. . yet produces no place of scripture where our lord jesus and his apostles have sufficiently established tythes for the maintenance of the gospel ministers , but on the contrary confesses , tythes are not mentioned in the gospel or epistles to be the very part , pag. . and that tythes are not mentioned in the new testament by name , ibid. nor only so , but affirms our lord and his apostles did not make a new determination of the tenth part by name , pag. . and that our lord 〈◊〉 probably on purpose decline determining the pr●portion too expresly , pag. . now after all this , 〈◊〉 that can so freely stigmatize me for a manifest slanderer of christ , what will he think fit to call himself ? what badge will himself vouchsafe to wear ? he sayes , christ hath assigned tythes to the gospel ministers , pag. . but himself hath not assigned any place of scripture for the proof thereof . shall i take the liberty to say by retortion , let him produce the place of scripture where christ hath assigned tythes to the gospel-ministers , or else he is a manifest slanderer of christ in this suggestion ? the next occasion he takes to fall upon me , is for taking king ethelwolf's for the oldest charter . and here ( according to his usual incivility ) he liberally bestows upon me the liveries of folly and falshood . you did ( sayes he to his brother , pag. . ) prov● this voluntar● dedication ( with respect to this nation ) by king eth●lwolf's charter . not because that was the first or oldest donation of tythes , as t. e. foolishly and falsly suggests , pag. . to the same purpose , pag. . and because the quaker dreading all higher antiquity , and omitting al● inquiry into preceding church history , doth cunningly suppose tythes no older amongst christians then thi● charter , &c. this is his charge ; how justly grounded will appear by comparing it with that part of my ●ook , out of which he seems to draw it . my words are these , pag. . if he had any charter or settlement of tythes of older date then that of ethelwolf ( which was about the year . ) he should have produced it , and probably so he would . however , since he did ●ot , i have no reason to think he has any elder . where now is my folly , where my falshood in this ? 〈◊〉 i foolish in thinking he would have produced an older charter if he could , when his business was to clear the donation from all suspition of pop●ry , and his interest led him , in order thereto , to produce th● most antient charter he could find ? or was i false in saying , i had no reason to think he had any elder charter , since he , whose main concern it was , did not bring forth an older ? or was it an argument i dreaded all higher antiquity , because i only refuted the highest antiquity he brought , and did not make it my busine●s to seek out for him an higher antiquity then he could find for himself ? belong'd it to me to search into preceding church — history to help him to a more authentick charter ? what vveak , what childish , what trifling work is this ! let him not lay his brother's weakness at my door ; but let him take his brother to task , and teach him to manage his cause more warily hereafter . chap iv. he now purposes a method , in which he promises to proceed in his following discourse . first , he sayes , he will look back into the ages before k. ethelwolf , and shew by what authority and presidents he made this donation . secondly , he will consider the donation it self , and the state of those times in which it was made . thirdly . he will note how it hath been confirmed since . and then , fourthly , wipe off t. e's particular blots thrown upon this sacred maintenance , pag. . in this method i intend to follow him , with what brevity i can , not insisting on every particular which might be spoken to in this part of his discourse ; because the human right necessarily depending on the d●vine , and the divine right hitherto remaining altogether unproved , what can be urged in defence of the human right will have the less weight , and need the less answer . § . he begins with the apostles times , and sayes , pag. . the apostles having given a general rule for the faithful to communicate unto their teachers in all good things , the primitive christians did alwayes make liberal oblations to their pastors , not only of houses and lands , as we read in holy scriptures , but also of many and other things , which being collected every lord ' s-day , was delivered to the bishop , saith justin martyr . should i now take the liberty to deal by him , as he in his th section ( pag. ● . ) dealt by me , i might here help him to as soul a contradiction , as he did there make for me . i did but grant my adversa●ies position , that a main●enance in general to the ministers of the gospel is — established by divine authority , pag. . and after said , what this maintenance is , is expresly set down by christ himself , pag. . he thrusts the word [ only ] into my grant , and reports me to say , divine authority had only established a maintenance in general , and thereupon infers , if he have established it only in general , then hath he not expressed the particulars ; not sticking at a down-right forgery , that he might ●ender me contradictory to my self . now if i would be so unworthy and dishonest as to imitate him herein , how strange a contradiction might here be made by adding the word only to his g●neral rule , and making him say here , the apostles had given only a general rule for the faithful to communicate , &c. w●en as he had said expresly but a little before , the apostles had established tythes ( which is a particular quantity ) for the maintenance of the gospel-ministers , pag. . but his unfair dealing by me shall not , i hope , make me forget how to behave my self towards him . nor would i in this place have mentioned this ( having noted it before ) but to s●t more clearly before his eye the crimson die of his own crim● . but leaving this , l●t us enquire what truth there is in his allegation . upon this general rule of the apostle , he sayes , the primitive christians did alwayes make liberal oblations to their pas●ors , not only of houses and lands , as we read in holy scripture , but also of money and other things . in what part of holy scripture did he eve●●ead that the christians gave houses and lands to their pastors ? that text had been worth quoting . st. luke indeed , in his history of the acts of the apostles , doth mention some that sold their houses and la●ds , and brought the prices thereof , and laid them down at the apostles feet . but he cannot be supposed to refer to this for two reasons . . because he makes this ob●ation of houses and land● by the christians to their pastors , to be the effect of that general rule given by the apostle to the faithful to communicate unto their teachers in all good things , mentioned in the epistle to the galatians , whereas thi● selling of possessions , and living in a community , was not only long before that epistile was written , but sometime also before he that writ it was himself converted to the christian faith ; and therefore could not be done in observance of that general rule . . because in that history of the apostles acts , st. luke doth not say , that any made oblations of ●ouses and lands ; but the clean contrary , viz. that as many as were possessors of lands or houses sold them , and brought the prices of the things that were sold , and laid them down at the apostles feet , acts . . to the end . so that here was not an offering of houses and lands , but of money , which the priest mentions besides , as distinct from the oblations of houses and lands , and as leaning upon another authority : for he refers the oblatio● of houses and lands to the proof of holy scripture ; but the oblation of money and other things to the testimony of iustin martyr . the apostles ( he sayes ) having given a general rule for ●he fait●●ul to communicate unto their teachers in all good things , the primitive christians did alwayes make liberal oblations to their pastors , not only of houses and lands as we read in holy scripture , but also of money and other things ; which being collected every lords day was delivered to the bishop , saith iustin martyr . here its plain he makes the oblations of houses and lands distinct from that of money and other things . the former , he sayes , we read in holy scripture , the latter he tells us iustin martyr saith . if he has read in holy scripture this oblation of houses and lands , i desire he would direct to the place , that i may read it also . but if be no where reads this in holy scripture , but adds this amplification as a flourish to his d●scourse , he is the more to be blamed in this , and the less to be credited in the rest . how lean a case doth he advocate , that needs the help of such sorry shifts ! besides , he abuses his reader in his application as well as in his allegation ; for he intimates as if those liberal oblations had been made by the primitive christians to their pastors for their proper use and maintenance ; whereas it is evident in holy scripture that they who sold their possessions , and laid the prices at the apostles feet , did deposit that money in a common stock or treasury , for the maintenance of all such as were gathered into that community ; out of which stock distribution was made unto every man according as he had need , acts . . so that those oblations were not made as a peculiar maintenance for the apostles or pastors , but for the common maintenance of all the faithful , as well hearers as teachers , in that place . and when afterwards the inconvenience of that way appearing , they came to make weekly and monethly contributions , the mo●ey so collected was not appropriated to the use of the apostles , pastors or teachers , but both intended for , and imployed to the relief of the poor saints in general , as may be seen in divers places of scripture , particularly in cor. . where concerning the collection for the saints , the apostle advises , that upon the first day of the week , every one should lay by him in store , as god had prospered him , promising withal , that when he came to them , whomsoever they by their letters should approve , he would send to carry this gift of theirs to ierusalem ; yea , and to go himself with it , if need require . and in his second epistle to the same church , chap. . he reminds them of this charitable work , which in general terms , he calls a ministring to the saints ; and though he exhorts them to liberality and bounty , yet so far is he from prescribing any certain quantity , that he leaves all to this absolute liberty , every man according as he purposeth in his heart , so let him give , vers. . and in the th vers. alluding to the words of the psalmist , he plainly shews this charitable contribution was for the relief of the poor ; he hath dispersed abroad , he hath given to the poor , &c. and that these contributions were for the poor , he speaks expresly , rom. . , . but now i go unto jerusalem , to minister unto the saints ; for it hath pleased them of macedonia and achaia , to make a certain con●ribution for the poor saints which are at jerusalem . it was not therefore fairly done of the priest to perswade his reader , that these weekly collections made by the christians for the relief of their poor brethren , were oblations or offerings to their pastors and teachers for their peculiar use , as he seems to do : which yet if they had been , it would not in any measure have proved tythes , since no certain quantity is exprest , much less a tenth ; nor any forced maintenance , they being altogether free and voluntary . § . . but he is willing to hasten from scripture-evidence , finding nothing there that may serve his purpose ; therefore he sayes , pag. . not to expaliate into the whole maintenance of the christian bishops and priests in the first ages , he will come to enquire whether they had nothing in that maintenance answering to tythes ; yea , whether they had not tythes given them by a voluntary devotion . for this he offers the testimony of irenaus , thu● , pag. . we ought to offer to god the first fruits of his creatures , as moses saith , thou shalt not appear before the lord empty : for not all kind of oblations are abrogated ; there were olations among them , and there are oblations among 〈◊〉 . and a little after , thus , as the jews gave their tenths , so the christians gave all they had freely and cheerfully to the lords uses , not giving less then they , as having a greater hope . in the first of these places no mention at all is made of tythes , but of first fruits , and that with respect to the law of moses , not binding to christians . in the latter it is evident the christians did not give tythes , or any thing answering tythes : for the words are express , they gave all they had freely and chearfully to the lords uses . so that neither of these places serve his end . but because he here ( and else-where in ancient writers ) reads the word first fruits , he would perswade his reader that first fruits and tythes are all one , the same thing under divers names ; and that the very fir●t christians dedicated their first fr●its of all the earth's productions to god , pag. . ●ere this true , that the very first christians dedicated their fi●st fruits of all the earths productions to god , m●t●ings some mention of it should have been in holy s●ripture . but neither any hint at all do i there find that they did so , nor any exhortation to them , in any of the epistles so to do . since therefore no proof of thi● can be drawn from scripture , and that ●renaeus and others that writ after him , speak o● the time● in w●ich they lived , i conclude the priest was somewhat mistaken in fathering thi● dedication of fi●st fruits upon the very first christians . then for ●is other conceit , that first fruits a●d tyt●es si●nifi● the same thing , the evidence he offer● are , t●e apostolical canons , which ( he sayes , pag. . ) were the decrees of divers christian synods made in the times of persecution , and of great authority in th● c●ristian church . but doubtless were he not at a very low ebb , he would never have mentioned the apostolical canons ( as they are called ) which though to credit his cause , he pretends to have been of great authority in the christian church , yet he must not be the man he would willingly pass for in point of knowledge and reading , i● he be now to learn that many learned and knowing men have long since exploded & rejected them , a● suppositions and false . perkins against coccius , in his pr●blem of the church of rome , pag. . sayes , the book of the canons of the apostles is said to be apocryphal , and quotes isidor● affirming the same . the first that mentioned them , he sayes , was epiphanius ( who wrote about the year ● . ) and in the sixth council of constantinople they were condemned . selden also in his history of tythes , ● . . pag. . calls them plainly counterfeit canons ; and in his review on that chapter , shews more at large that they are so . § . . the priest quotes here a sentence out of origen , wherein first fruits are mentioned , but not a word of tythes ; yet in his application of it , pag. . he makes origen conclude from hence , that the law of tythes and first fruits ought to stand in force among christians ; but therein he wrongs origen , whose words are , haec diximus asserentes modatum de primitijs frugum vel pecorum debere etiam secundum literam stare , i. e. these things we have said , affirming that the commandment co●cerning the first fruits of fruits and of cattel ought to stand even according to the letter . these are origen's words , into which the priest ( for his own end ) hath slyly thrust the word [ tythes ] and made him say the law of tythes and first fruits ought to stand . what credit is to be given to such a man ! nor deals he much better with cyprian whom he quotes next , after this manner , to him ( sayes he , pag. . ) we may add st. cyprian , who lived about forty years after , who commending the nobleness of the ●irst christians , blames those , who did not give the tythes out of their inheritance , which ( sayes the priest ) cyprian would not have done , but that he believed christ intended tythes for the maintenance of a gospel ministry . he that shall fairly consu't the place , will easily see that the priest hath quite missed cyprians meaning● for he doth not blame them for not giving tythes ; but comparing the oblations of the primitive christians , with those of the time wherein he lived , he shews the decay of devotion to be such , that they did not then give so much as the tenth part of what the first christians gave . his words , as i find them in selden's review , c. . are , do●●s tunc et fun los renundabant , et the sauros sibi in calo repomentes , distribuenda in usus indigentium praetia apostolis offerebaut . at nunc patrimonio nec decimas damus ; et cum vend●re jubeat dominus , emimus potius et augemus , i. e. then they sold houses and farms , and laying up treasures for themselv●s in heaven , they offered the prices to the apostles , to be distributed for the uses of the poor . but now we do not give so much as th● tenths of our patrimony ; and whereas the lord commandeth to sell , we rather buy and increase . whence it is plain , cyprian doth not either require tythes , or blame them that did not give tythes . but uses the word decimas rhetorically to perswade the christians of his time to greater liberality and charity , by the example of the first christians , to whose free bounty , what these gave would not ( if compar'd ) be so much as a tenth part . and thus selden , in the place fore-quoted understood him . but no more reason is there to suppose cyprian did here blame the christians fo● not giving tythes out of their patrimonies , then there would be to imagine he blamed them for increasing their estates by purchase , which the christian religion doth in no wise prohibit christians by just and lawful means to do . and for that book it self of cyprians , de vnit●te ecclesiae , out of which the priest makes this quotation for tythes , although it be not wholly rejected , yet is it suspected to have been corrupted in more places then o●e . perkins against coccius sayes expresly of it , cypriano liber de unitate ecclesia corruptus est ad stabiliendum primatum petri , problem . pag. . i. e. cyprians book of the vnity of the church is corrupted to establish the primacy of peter ; of which he gives divers instances . the priest goes on , to this ( sayes he , of cyprian ) we may add the testimony of that antient book which ●ears the name of ●lements constitutions . what would not he stick to add , how adulterate s●ev●r , that might seem to add some fresh colour to his decayed and dying cause . t●ese constitutions which bear the name of clement , are less authentick ( if less can be ) then those fore-mentioned canons which are called apostolical . perkins in his problem against coccius , pag. . proves from eus●bius , ●uffi●us and others , that there are many things 〈◊〉 under the name of clement romanus ; of which having given diver● instances , he adds , the eight books a●so of apostolical constitutions , written by the same clement , des●rve no greater credit . and for selden's opinion of them , take it in his own words , for constituti●ns of the church ; if you could believe thos● suppos●d to be made by the apostles , and to be collected by pope clement , the first , you might be sure both of payment in the apostles times , as also of an express opinion as antient for the right of tenths . — but ●o man that willingly and most grosly deceives not himself , can believe that this constitution , or divers others there , are of any time near the age of the apostles , but many hundred years after . the little worth , and l●ss truth , of the whole volumn is enough discovered by divers of the learned : and it was long since branded for a counterf●it in an ●e●umenical cou●cil , synod . . in trullo . thus he , in his history of tythes , c. . pag. . and much more to the same purpose , in his review of that chapter , but this i take to be sufficient to detect the falsness of those constitutions , and my opponents weakness in urging them . his next author is ambrose , out of whose sermons . and . he takes two quotation● . the first thus , it is not sufficient for us to bear the name of christians , if we do not the works of christians ; now the lord commands us to pay our tythes yearly of all our fruits and cattel , pag. . the particle [ now ] in this quotation is not in ambros● , but added by the priest. the other quotation is long , but to the same purpose , and that which seems most material ●n it is the latter clause , that of all the substance which god gives a man , he ●ath reserved the tenth part to himself , and therefore it is not lawful for a man to retain it . here he sayes , the lord commands us to pay tythes yearly , and that he hath reserved the tenth of all to himself ; but the text he offers in proof thereof , he fetches from the levitical law , which neither is obliging to christians , nor do the priests themselves claim by it ; nay , they renounce it , as may be seen both in the conference , pag. . and in the right of tythes , pag. . what ava●● these testimonies then to thei● cause , which are drawn from that law which they themselves disclaim ; were it never so undoubted that the quotation● themselves were genuine ; which yet there is very great cause to question . for what likelihood is there that ambrose , or any other of those ancient writers , could so far forget himself , as from a particular precept given to the people of the iews to infer , that god hath comm●n●ed christians to pay tythes yearly , & c ? but that the writings of those fathers ( as they are called ) have been corrupted in general , men co●versant in history are not ignorant ; and in particulary ambrose his sermons ar● by perkins accounted spurious , or counterfeit . problem● . page . next to ambrose he brings epiphanius , pag. . saying , the scripture exhorteth the people that out of their just labours they should give to the priests for their maintenace , first fruits , oblations , and other things . to this a twofold answer is to be given . . that here is no mention of tythes ; and though the priest , for want of better proof , would fain have first fruits understood for tythes , yet so contrary is it to all reason , that no man of judgment can be in danger to be so misled . . when he saith , the scripture exhorteth the people to give the priest● first fruits for their maintenance , since we are certain no scripture of the new-testament doth so exhort , he must necessarily be understood to speak this with relation to the levitical law , which as it was designed for , and given to , so it did particularly concern the iewish nation , not the christians . and that the payment of tythes were not in use in epiphanius his time , nor accounted necessary , selden proves from epiphanius his own words ( in heres . . ) the whole passage , as it lies in selden's history of tythes , review . c. . pag. . take as followeth ; when he ( viz. epiphaniu● ) tells us ( sayes selden ) of the tessuresde●atitae , or those which thought the holy easter must be kept on the th moon , according to the law given to the iews for their passover , and that because they apprehended that the keeping it otherwise was sub●ect to the course of the law ; he sayes , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , they do all things , or agree generally with the church , sa●ing that they were too much herein addicted to the iewish custom . and in his argument against them , he shews , that the course hath not reference only to the passover , but also to circumcision to tythes ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) to offerings . wherefore ( as he goes on ) if they escape one curse , by keeping their easter according to the law of the passover , they thrust themselves into many other . for ( saith he ) they shall find them also accursed that are not circumcised , and them cursed that pay not tythes , and them cursed that offer not at ierusalem . let any man now ( sayes selden ) consider if this bishop , that was least unacquainted with the customs of the christian-church , understood not clearly that no necessary or known use of payment was among christians in his time , of tythes , no more then o● circumcision , or offering at ierusalem . doth he not plainly reckon it as a thing not only not in christian use , but even equals it with what was certainly abrogated ? is not his objection shortly thus ? why do you not observe circumcision and tything , and offerings also at ierusalem , which are all subject to the like curse ? and because some kind of offerings indeed were in use among christians , therefore in the objection he providently ties them to ierusalem . but of tything he speaks as generally as of circumcision . thus far seld●n of epiphanius . by which the reader may judge , whether christians paid tythes in epiphanius his time , or whether epiphaniu● accounted the payment of tythes a christian duty , who so plainly equals tythes with circumcision and iewish offerings , which are most certainly abrogated . to ●piphanius the priest joynes chrysostom , whom he reports to speak after this manner , it is lawful and fitting for christians to pay tythes , and that melchizedec was our tutor in this matter , page . doth this sound at all like chrysostom ? is it likely he would say melchizedec was our tutor in paying tythes ? did melchizedec then pay tythes ? to whom i wonder ? or did he teach that tythes are to be paid ? wh●re i pray ? that golden-mouthed doctor ( as his name imports ) understood the text and himself better then to have let fall such an expression . but his writings have run the same fate with others of those earlier time● , being in many places partly through inadvertency , partly through design , corrupted . and perkins out of sixtus senensis the library-keeper , reckons above a hundred homilies that bear the name of chrysostom , which yet are reputed spurious . problem , pag. ● . &c. and selden , in his history of tythes , c. . pag . giving the opinions of the fat●ers of that age , sayes chrysostom , perswading even labourers and artificers to give bou●tifully their offerings to the church for holy uses , according to the apostolical ordinance in the churches of co●inth and galatia ; brings the iewish liberality in the payment of their tenths for example ( beneath which he would not have christians determin their charity ) adding , that he speaks these things not as commanding or forbidding that they should give more , yet as thinking it fit that they should not give l●ss then a tenth part . whence it is plain that tythes were not yet generally paid nor held du● ; but the mi●isters & the poor were alike maintained by the free gifts and voluntary oblation , of the p●ople , which through the coldness of devotion , falling short of answering the necessary ends , as formerly , gave occasion to these men to excite their charity , and provoke them to more liberality by the example of the iews , who paid the tenth of their increase . hence it is , that in some of their writings the word [ decimae ] sometimes occurs . and from their frequent inculcation of this , as a provocation to t●e christians to equal at least , if not exceed , in charity and bounty the iews , an opinion about this time , ignorance and superstition co-operating the●e to , began in some places to enter the church , tha● tythes were due . but then they were claimed and received in the name of the poor , and the claim derived from the mosaical law , as selden proves at large , c. . but for the first four hundred years after christ selden is positive . no use of tythes occurs till about the end of this four hundred years , are his words , c. . pag. . and again , till towards the end of the first four hundred years , no payment of them can be proved to have been in use , ibid. the priest's next quotation is of hierom , whom he makes to say , that as a priest or levite , he himself lived upon tythes and oblations , pag. . in this he deals not well with his reader : for he gives not hierom's own words fairly , but taking a piece only , represents his sense far otherwise then it is . hierom's words are these , si ego pars domin● sum , et faniculus hareditatis ejus , nec accipio partem inter caeteras tribus , sed qvasi levita et sacerd●s vivo de decimis , et altari serviens altaris oblation● sustent●r , habens victu● et vestitum , his contentus ere , et ●●●dam crucemnudus sequ●r . i. e. if i am the lords par● , and a cord of his inheritance , and receive n● sh●●● amongst the rest of the tribes , but live like as ● levite and a priest of the tythes , and serving at the altar am sustained by the offering of the al●ar , having food and rayment , with those will i be content , and naked fo●●ow the naked cross. it s plain that hier●m here alludes to the iewish priests and their maintenance , and therefore uses the word tythes as suiting his comparison of a levite . but it doth no more follow from hence that hierom really lived upon tythes , then it doth that he was really a levite , of a certain tribe , and neither had nor might have any patrimonial estate amongst his brethren ; all which might with like reason be infer'd from these words , by him that would take them literally & strictly , not comparatively and with allusion . and it may be observed , that though in the first part of his sentence , pursuing his simile of a levite having no part among the other tribes , he mention● tythes which was the levites maintenance , yet in the latter part , he hath a plain reference to the words of the apostle paul , tim. . . having food and rayment , let us therewith be content . another quotation he gives out of hierom upon matth. . where he sayes , hierom call● tythes the things that be gods. but that homily upon matthew is rejected by perkins in pag. . of his problem , and ranked amongst several other works , which he sayes , by the common judgment of all men ar● falsly ascribed to hierom. his next author is augustin , who , he sayes , pag. . intimates it was no new custom nor opinion to pay tythes as gods due . his words as he cites them are , for our fore-fathers therefore abounded in all ●lenty , 〈…〉 they gave god his tythe , and caesar his tribute . that tythes were not paid in the apostles times , is both evident from scripture , and granted by the priest : that tythes were not paid in the first two hundred years after christ , may be fairly collected from tertullian , who speaking of the christian monethly contributions in his time , sayes , modicam unusquisque stipem menstruâ die , velcum velit , et si modo velit , & si modo possit , appo●it : nam nemo compellitur , sed sponte confert . i. e. every one layes down a small piece of money on the monethly day , or when he will , and if so be he be willing , and if so be he be able : for no man is compelled , but bestows freely , apol. c. . then for the next fifty years , those words of cyprian ( cited but misapplied by the priest ) if the place be not depraved ) shew that tythes were not then paid . for he noting the coldness of their charity then , compared with the liberality of the first christians , sayes , they then sold houses and lands , and brought the prices to the apostles to be disposed for the use of the poor : but now we do not give so much as the tenths ; which plainly shews that tenths or tythes were not paid in his time . and about the year . what epiphaniu● writes of the tessaresdecaticae , cited but now out of selden , puts it out of doubt that tythes were not paid in his time , at least in the greek eastern church . and if tythes were not paid in epiphanius his time , certainly the custom of paying them , and opinion of their being due ( if any such custom or opinion had been general ) in augustin's time ( who was born before epiphanius died ) must needs be somewhat new . but if andr●w willet's judgment be of any force with the priest , he is very plain and positive as to this case . in au●ustin's time ( sayes he ) it was no general law nor custom in the church , that tythes should be paid , synop. papism . . gen . controv. pag. . and yet there is ground to suppose , that in augustin's time , in some places , and at some times , some persons did give tythes ; but not that there was any general , settled or constant payment of them . he adds another quotation from augustin's sermon de tempore , . thus , tythes are required as due debt , and he that will not give them invades another man's right — whatsoever art sustaineth thee , it is gods : and he requireth tythes out of whatsoever thou livest by . he gives us more of him , but this the most material , and sayes , the whole sermon is most worthy to be read — being an evid●nt proof of the antients opinion that tythes were of divine right . whether that sermon were augustin's or no , is a great question . selden ( a curious searcher into antiquity ) susp●cts it , his words of it are , about harvest he made it , if it be his ; for it hath been doubt●d whether it be his or no. and in the margin he sayes , the very words of this sermon are in that counterfeit treatise falsly attributed to st. augustin , and inscribed de rectitudine catholicae conversationis , history of tythes , c. . pag. . which treatise perkins places amongst those writings of his , which by the common judgment of all men are reputed spurious or counterfeit . but be it true or false , the priest hath not given his quotation out of it fairly ; but hath omitted those text , which shew whence he derived the claim to tythes , namely from malachy . and other texts of the old testament relating to tythes and first fruit , among the iews , but not obliging christians , yea , disclaimed by this very priest , pag. . ●nd hath also left out several passages , which shew that tythes were then claimed not for the priests , but the poor . decima tributa sunt egentium auimarum : redde ergo tributa pauperibus . i. e. tythes are the tributes of needy souls : therefore pay the poor their tributes . and in that very place from which the priest gives us these words [ tythes are required as due debt , and he that will not give them invades another man's right ] and there leaves off with a — it follows thus , et quaenti pa●peres in locis ubi ipse habitat , illo decimas non dante , fame mortui fuerint , tantoru● homicidiorum reus ante tribunal eterni iudicis apparebit , quiae domino pauperibus delegatum suis usibus res●rvavit . i. e. and look how many poor , in the places where he lives , shall perish through hunger , by reason of his not giving tythes , of so many murders shall h● be found guilty before the tribunal of the eternal iudge , because he hath kept to his own use that which was appointed by the lord for the poor . from these passages , it is manifest both whence the opinion of the right of tythes , then entring the church , was taken , ( viz. the levitical law ) and to whom they were then supposed to be due , viz. the poor . and he might also ( had it suited his interest ) have added another passage in the same place , which gives a taste of the state of those times ( if the sermon be allowed genuin ) in point of doctrine . the words are these , qui ergo sibi aut premium comparare , aut pec●atoru●● desider at indulgentiam promereri , reddat decima● . i. e. he therefore that desires either to purchase a reward to himself , or to merit pardon of his sins , let him pay tythe . by which the reader may observe , how far the mystery of iniquity had by that time wrought , and to what pass the state of christianity was then come , when tythes began to be preacht up , and paid . the priest sayes he could further prove the opinion of the ancients , that tythes were of divine right , by many more instances . but ( saith he ) i will end these testimonies of single eminent fathers , with that of prosper of aquitain , who speaking to the ciergy of his dayes , saith , we do willingly receive the daily oblations and tythes of the faithful , and shall we lay aside the care of the flock ? pag. . that tythes by the private devotion of some began to be given in augustin's time , is already noted ; and that such gifts were more frequent in prosper's time ( which was about fifty years after ) is not unli●e●y . nor need we question , but the clergy then did willingly ( as he sayes ) receive th●m , especially if we consider how much even in those times , they were departed from the purity and soundness of the gospel . of which occasion will offer to speak at large hereafter . at present therefore take only a touch out of prosper himself in his book , de promissionibus et praedictionibus dei. orationibus sanctorum ( sayes he ) me expiari ob omina peccato posse confido . i. e. i firmly believe that by the prayers of the saints , i may be purged from all sin. but this saying of prosper , that the priests did willingly receive what the people offered , although it may prove that tythes were sometimes given ; yet it cannot prove any general or constant payment of tythes . i have no● gone through the testimonies he hath brought of which some are reputed false and co●nterfeit , as the apostolical canons , clements constitutions , and the sermons attributed to ambrose . s●me suspected , as that of augustin de tempore . some not fairly cited , as origen , cyprian , and hierom. some misapplyed , as iustin martyr , irenaeur , and epiphani●● . some speak of tythes by way of comparison only , and with allusion to the iewish state. some mention tythes by way of provocation to stir up the people to greater charity and liberality . some about four hundred years after christ , preach up tythes to be due , but to the poor ; and enforce the claim from the mosaical law , and other writings of the old testament . but none of them , ( i except those spurious constitutions and canons ) say , that christ appointed , established , confirmed tythes , or that the apostles either in●oyn'd or approved the payment of them , or that they were at all paid in the first ages of christianity . so that hitherto we have found no divine right to tyth●s under the gospel , unless any will so far deceive themselves as to acknowledge that for a divine right now in force which depended on the levitical law , and by its abrogation ceased . § . . at the close of his testimonies , the priest sayes , now i hope the quaker will not say all these were papists ; or that the church was popish as early as irenaeus and origen : and if not , then he must recant his false assertion , that tythes came in with popery , pag. . that which in my former book , i said of tythes having their institution from popery , was with relation to that chart●r of ethelwolf , which the priest grounded their dedication on , and to the definition of popery which he then gave , of which more hereafter . however , i see no necessity either : to affirm , the church was popish as early as irenaeus and origen , or to recant what i have said in my former book concern●ng the institution of t●thes . for he hath not proved , and i deny , that tythes were instituted , required or paid in the times of irenaeus or origen , or well-nigh two hundred years after . but of the times in and about which tythes began to be thought due , and as so paid ( which selden is positive , was not till about the end of the fourth century , and the beginning of the fifth ) and of the state of the church then , and some what earlier also , not to speak my own sense , i will give the reader a short view , and submit it to his judgment . about the year of c●rist two hundred ( as early as origen ) prayers , offerings and sacrifices for the dead began to be in use in the church . tertullian , who lived in that time , mentions these things in his book de corona militis , and sayes , they sprang from tradition . as early also was the opinion of purgatory received in the church , and believed . both tertullian and origen held it , as perkins confesses , problem page . much about the same time crept in the opinion of the intercession of saints departed this life , from which sprang the custom of praying to saints . and though for some time this was disputed amongst the learned of those times , yet towards the latter end of the fourth century ( much about the same time that tythes began to be thought due ) this custom of praying to saints grew in use in the church . and perkins acknowledges , that the antients , especially after the year four hundred , did not only sin , but were guilty of sacriledge ; for they some itmes place ( saye● he ) their hope , faith and confidence in the saints ; of which he gives divers instances , page . reliques began to be had in veneration , and to be carried up and down , and flocked a●ter about the year three hundred , idem . p. . the going on pilgrimage came in fashion about the year three hundred and twenty , and prevailed so fast , that about the end of that century , it was made a part of the worship of god , idem . pag. . the use of chrisme was instituted by pope sylvester , about the year . extream vn●●on was decreed by pope innocen● the first , in the year . monkish life began about the year . idem ▪ pag. . the caelibate , or single life of priests , began to be preacht up , by or before the year . and about the year . it was commanded by the publick ●udgment of the church , and a vow of perpetual chastity declared necessary , and injoyned , idem . pag. . by these few instances the reader may give a guess at the state of the church in those dayes , wherein tythes began to get up . how much worse it grew afterwards in the following ages , when tythes came to be settled and established by laws , i shall have further ●ccasion anon to shew . in the mean time i proceed to examine the authorities the priest urges from the decrees of councils . § . . as an introduction to his con●iliary testimonies , he gives his reader a note , pa● . ● . first , ( sayes he ) let it be noted , that 〈…〉 be certain tythes were paid from the earlie●● da●es 〈◊〉 christianity ; yet it wa● not for a long time direct●y i●joyned by a●y human law , either ecclesiastical or civil : which shews the first christians 〈◊〉 , they were obliged to pay them by the law of god , pag ▪ this is a note worth the noting . he sayes , it is certain tythes were paid from the earliest days of christianity . the earliest dayes of ch●istianity ! why did he not say , pag● . o●e reason why tythes are not mentio●ed in the new● testament by nam● is , to avoid all occasion of scand●l to the jews , whose priests were then in possession of them ? would the 〈◊〉 have been offended at the mention of t●thes in the new-testament , which they were not like to see and would they not have bee● offended at seeing tythes paid by the christians to their ministers ? did he not there say , ma●y things were suffered a while to run in their o●d chan●el , till the whole jewish polity was destroyed ? and will he now make tythes to be turned out of their old channel , ●nd to ●un in a new one from the earliest dayes of christianity , before the ●hole iewish po●ity was destroyed ? did he not there say , it would have been used as a prejudice to the young beginnings of the gospel , if the preachers had presently claimed the maintenance , which others were legally in●tated in ? and will he here say , the chris●ia●s did pay to their preachers the maintenance which others were legally instated in , and that from the earliest dayes of christianity ? did he not say , ●●g . . the state of the church in the apostles dayes was such , that believers , though they wer● willing , could not have opportunity to pay tythes regularly ; nor could the gospel-minist●rs receive them ? and will he here say , tythes were paid from the earliest dayes of christianity ? and that this is certain too ? certainly this des●rves to be [ nigro carbone notatum ] noted with a black cole . he had forgot perhaps , that his brother priest ( whom he defends ) had said in his conference , pag. . i confess the apostles had not the tythes in their dayes — the levites themselves were in possession of them , which they kept , during the continuance of their nation and temple● besides , you ought to consider , that tythes , or any other fixed maintenance , was utterly inconsistent with their unfixed state of life ; being to preach the gospel in all nations , they became an improper ▪ maintenance for them ; a●d besides , you are to consider , that the apostles needed them not , for as they had their gifts , so their maintenance by a miraculous pr●vidence . here one of the priests sayes , tythes , or any other maintenance , was improper for the apostles , and utterly inconsistent with their state● that the apostles neither needed tythes , nor had tythes , nor could have had them if they would , because the levites possest and kept tythes , during the continuance of their nation and temple , which was not utterly destroyed till about thirty seven years after christ's death . the other priest sayes , it is certain tythes were paid from the earliest dayes of christianity . is not this pretty ? how justly might i here re●ort what he most unjustly threw at me , pag. . one of these must be false , for ind●●d there is a manifes● co●tradiction . let them lay their heads together again and see if they can reconcile it . but it seems however , this early payment of tyth●s was not for a long time directly enjoyned ; which was seasonably noted by him to excuse himself from giving some early constitution either ecclesiastical or ●ivil for the so early payment of them . but this non-injunction , he sayes , shews the first christians believed they were obliged to pay them by the law of god. he 's very much out . for , first , t●at the first christians paid tythes at all , is not only denyed , but learnedly disproved , and tythes proved not only improper for , but utterly inconsistent with the apostolical state , by his own dear brother the other priest in his conference , pag. . and secondly , if tythes had been as certainly paid in the next ages to the apostles , as it is certain they were not paid in the apostles time , yet would not such a practice any more have proved that the christians believed they were obliged to pay them by the law of god , then it would have proved the christians in tertullian's time , who prayed and sacrificed for the dead , without the injunction of any human law , either ecclesiastical or civil , for a long time , did believe they were obliged so to pray and so to sacrifice , by the law of god ; which that they were far enough from be●ieving tertullian sufficiently shews , when speaking of those things , he sayes , if thou demandest the laws of these and other such like disciplines , thou wilt find none in the scriptures . thou wilt find tradition pretended for the author , custom for the confirmer , and faith for the observer . lib de c●●on . mil. he adds , ibid. that acco●ding to s. augustine'● rule , viz. [ that such things as were vniversally observed , and owed not their beginning to any council , were to be thoug●t to have been ordained by the apostles ] tythes and first fruits must at least be of apostoli●al institution . this is grounded on a supposition ( at which he is very notable ) that tythes and first fruits were vniversaly paid . i deny it , both as to time and place . let him first prove that , and then he may expect ● further answer . now to his councils . § . . in his first regiment of councils , that which leads the van , pag. . is the counterfeit canons falsly ascribed to the apostles ; of which enough hath been said before to det●ct them , and shame ●him for urging them . next comes up the council of gangra held about the year . in the seventh and eighth canons of which , tythes ( he sayes ) are called [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] which he englishes ( but ill ) e●c●esiastical tribute of fruits . but bearing with the translation , let him shew ( if he can ) that tythes are mentioned , by name , in any canon of that council . if not , why abuses he his reader in saying , tythes are there called ecclesiastical tribute of fruits ? a like falshood he imposes on his reader in his next quotation of the council of anti●●h , held in the year . ( as he sayes , but in the year . sayes burdegalens●s ) in the twenty fourth and twenty fifth canons , of which he reads ( he sayes ) the profits of the church , or the fruits of the fields . but what is that to the proof of tythes ? could th● church have no profits or fruits of the fields but it must needs be tythes ? if tythes had been named 〈◊〉 that council , why did he not shew that ? but if they were not named there , why does he play upon his reader , and endeavour to perswade him they we●e ? is he not ashamed to say , he finds many antient councils suppose tythe● to have been paid , and ●rdering how tythes should be distributed by the bishops , and yet cannot shew out of those antient councils ( as he calls them ) that tythes were so much as oncé named in them ? to these councils ( for credit sake , and to increase the number ) he adds the canonical epistle ( as he calls it ) of st. cyrill of alexandria to domnus , where , he sayes , he finds , mention of ecclesiastical revenues . what then , is nothing an ecclesiastical revenue but tythes ? if he had found that revenue there called tythes , he had t●en found something to his purpose ; but as it is , it helps him not at all . see now what his great boast of many antient councils , which suppose tythes to have been paid , &c. is come to . the first has long since been branded for a counterfeit , the two next have not a word of tythes , the fourth and last is not the decree of a council , but the epistle of a single person , and that sayes nothing of tythes neit●er . and yet , such is the immodest confidence of the man , that he doth not stick to say , pag. . in the fore-cited places it appears , that tythes and first fruits were given to the church long before the year of christ . so indeed i think they had need to have been , if they had been paid ( as he boldly sayes , 't is certain they were ) from the earliest dayes of christ●anity , pag. . but as that is very fairly disproved , by his own dear brother , in his friendly conference , pag. . so this remains yet to be proved by himself , or any other , that like himself , has so much confidence and 〈◊〉 littl● credit , as to undertake it . but how comes it we have no more of these antien● councils produced ? why brought he not forth the council of caesaria ( holden about the year . ) which burdegalensis calls the first council after the apo●●les times ? why past ●e over the several councils of carthage , held about the years . and ? why slipt he those ●olden at antioch about the year ? why mentioned he not the council of sinuessa in campania , nor the fi●st of ancyra , held about the year ● ? why took he no notice of the council holden at ( cirtes ) in n●midia , about the year ? of the second of ancyra , about the year ? or of the neo-caesarian , about the year ? and ( to pass by the roman and elibertine councils under sylvester ) how came he to omit that great and universal council ( as some call it ) holden at n●ce , about the year ? were some of these councils rejected ? so were some of them he urged . was there no mention of tythes in these ? no more was there in those he alledged . and doth it not look strangely that so many councils , held in s●veral parts of the world , should not have a word of tythes ; and yet this man should talk of tythes being certainly paid from the earliest dayes of christianity● pray hear what selden sayes upon this subject , chap. . of his h●story of tythes , pag. . speaking of the opinion of them that would have tythes to be an ordinance of the apostles , had it been ( sayes he ) the apostles ordinance , or the use of the church in the primitive times , origen , tertullian and cypria● ( having such occasion to mention it ) could not have be●n so silent of it . and is it likely ( adds he ) that all the old councils from thence , till near s●x hundred years after christ ( which , being authentick beyond exception , have special canons for the lands and ●oods poss●st by the church , the offerings , revenu●s , and such more ) could have omitted the name of ten●hs , if either such use or apostolical law had preceded ? they ( sayes he ) talk of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the goods of the chu●●h , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 offerings of first fruits ; but have not a word any where of the tenth part . and ( adds he ) 〈◊〉 those counterfeit canons also ( meaning those called the apostles canons ) one is inde●d of first fruits ( although , touching them by that name , certainly no law was made under the apostles ) but no words of tenths , thus he . § . . thus far of those councils which he supposes suppose tythes to have been paid . come we now to those other which , he sayes , directlye joyn them , of w●ich the fi●st he gives is , the decree of a roman council in the year . commanding , that ty●●s and first fruits should be paid by the christians , and they which with-hold them should be anathematized , pag. . this is the first of his direct injunctions for the payment of tythes ; and he had no sooner set down this , but he began to bethink himself , that this council , if it came to be examined , would scarce stand the tryal , and therefore without more ado , in the very next words he sayes , but there is some question whether this council be genuin or no ; i shall therefore ( sayes he ) ●mit this , and all those other councils which suppose them , but do not enjoyn them , pag. . the proverb sayes , we may judge of a man by the company he keeps . but if we should judge of his cause , by the evidences he brings to prove it , what may the cause be thought to be , when the witnesses are counterfeits , cheats , corrupted and fals● ? what shameful work is this ? but now he comes to one which he calls a positiv● ecclesiastical law , and the first too ; and yet that was not made till the year ● . as he sayes , but selden places it in the year . it is the council of matiscon ( a bishoprick in the diocess of lyons ) which he sayes , pag. . speaks thus , the divine laws taking care of the priests and ministers of the churches , for their inheritance , have injoyned all the people to pay the tyth●● of their fruits to holy places , that being hindred by no labour , they may more duely attend spiritual ministries , which laws the whole company of christians have for a long time kept inviolate . t●us far his english differs little from the latine , as selden has it , saving that where his english is , that being hindred by no labour : the latin● adds , per res illegitimas , i. e. by vnlawful things . but in the latter part of his quotation , which contains the decree it self , there is no correspondence between the latine and his english ; so great a liberty of variation doth he take . the latine in selden's ( history of tythes , c. . § . . ) goes on thus , vnd● statuimus ut decimas ecclesiasticas ●mnis populus inferat , quibus sacerdotes aut in pauperum usu● aut 〈◊〉 captivorum redemptione● erogatis , suis orationibus pacem populo ac salutem impetrent . i. e. whereupon we ordain that all the people bring in the ecclesiastical tythes , which being bestowed either for the use of the poor , or for the redemption of captives , the priests by their prayers may obtain peace and safety for the people . instead of which his english runs thus , wherefore we d●cree and ordain , that the anti●nt custom be obs●rved s●ill among the faithful , and that all the people bring in the tythes , which maintain the worship of god. let the understanding reader compare now , and see what he can find in this english to answer that in the latine [ quibus sacerdotes , aut in pauperum usum , aut in captivorum redemptionem erogatis , suis orationibus pacem populo ac s●●utem impetrent ] or what in the latine to answer this in the english [ that the antient custom be observed still among the faithful ; and , that tythes maintain the worship of god. ] this is a fault this priest is too frequently guilty of : he gives not his quotations in the authors words , but in his own , concealing the author's , that he may the more safely and undiscerned twist his quotations to his purpose , and thereby lead his readers judgment captive hoodwi●kt . his design here was to prove the antiquity of tythes in the christian-c●urch , to contenance which , he is not content with what is said in the decree , viz. that the christians have kept these laws inviolate for a long time ; but adds , the antient custom . and because the words of the decree shew what service tythes were then ●ut to , namely , the us● of the poor or r●demption of captives , he leaves that out , and inst●●d thereof puts in [ which maintain the worsh●p of god ] and having thus formed it for his purpose , he thinks now he has got enough to serve his turn . these words ( he sayes ) do fully prove our assertion of tythes having been paid from the beginning , ●ure divin● , pag. . but he mistakes in this too , and that not a little . this council falls a gr●at 〈◊〉 too low to prove his assertion . for how should these , who lived so near the end of the sixth century , understand the practice of the first times , what was done in the beginning , and what was paid in the earliest dayes of christianity , better then they whose lot fell nearer to the first times by well-nigh the one half ? or what likelihood is there , that if tythes had been paid from the beginning , from the earliest dayes of christianity , no one of those many councils before remembred , should so much as once have mentioned tythes , especially seeing divers of them speak particularly of the offerings , oblations , rev●nues and treasure of the church ? but this council intimates , that tythes had been paid for a long time . what then , must that long time be extended to the very beginning , to the earliest dayes of christianity ? no such matter . selden sayes , that long time they speak of , might have had perhaps beginning from the doctrine of those two great fathers st. ambrose and st. augustine , about the year . history of tythes , pag. . from which time to this council , there having passed about one hundred and eighty years , might not improperly be called a long time . the common use of speech will ●ustifie it . but the decree mentions divine laws , from whence the priest infers tythes were paid from the beginning , jure divino . but selden , in the place fore quoted , shews , that the laws there called divine , were but the mosaical laws , which these priest● , both one and 'tother , refuse to claim by , friend●y co●●erence , pag. . right of tythes , pag. . t●us much of the particular parts of the decree . now of the council , it self , it is observable , that as it was but a provincial council , and so affords no general determination ; so ( as selden notes , pag. . ) not so much as any canon of it is found mentioned , as of received authority , in any of the more antient compilers of synodal decrees : which he there shews at large . but leaving what hath been said of this to the readers observation & judgment , i go on to examin his next quotation out of the council of hispalis , which he dates in the year . and delivers in these words , we ordain that all the fruits and tythes as well of cattel as of fruits , be rightly offered to their several churches , by rich and poor , according to the saying of the lord by the prophet , bring ye all the tythes into the store-house , &c. — for as god hath given us all , so of all he requireth tythe of the profits of the field , and all provisions , of bee's and honey , lambs , &c. and he that payes not tythes of all these , is a thief to god himself , pag. . his observation on this is , that they all declare tythes to be due , jure divino . but whence fetcht they their opin●on of the divine right of tythes ? do they not deduce it from the words of the prophet , and ground their decree thereupon ? and had not those words of the prophet a direct reference to the c●remonial law ? and is not the ceremonial law ended and abrogated by christ ? and do not these priests disown any claim from it ? friendly co●ference , pag. . right of tythes , pag. ● . what trifling then is it thus to argue ! besides , there is great ground to sus●ect the credit of his quotation . selden nothing the falshood which some c●mmit , who out of iuo , attributed an express canon for the payment of first fruits and tenths , to the provincial synod of sivil , and giving the words of that canon , little different from these quoted by the priest , sayes , the old manuscript copy of iuo hath it , ex concili● spanensi , and the printed book ex concilio hispalensi . then sticking a little at the word [ spanensi ] he adds , whatever he meant by it , clearly the whole canon is of much later time , the first words of it also being nothing but the syllables of one of charlemains laws , that was not made till . years from christ. he observes also that gratian warily abstained from using these canons ; and a little after concludes positively , that among the known and certain monuments of truth , till about the end years , no law pontificial of or synodal ( saving that of mascon ) determins or commands any thing concerning tenths , although very many are which , speaking purposely and largely of church revenues , oblations , and such like , could not have been silent of them , if that quantity had been then established for a certain duty . he then shews that the canonists and others in later ages , compiling their decrees , have made those words , by which the offerings of the christians were expressed , to serve as if they had expresly named tythes ( in which observation he seems to take this very priest by the nose ) and concludes thus , he that reads those old canons only , as they are so applied , in late authority , to tythes , might perhaps soon think that at first they were made specially and by name for them . the matters ( sayes he ) is plainly otherwise . what was ordained in them about tythes , is out of them in later times ( tythes & oblatio ●s being then supposed of equal right ) expresly extended also to tythes . and to this purpose he cites frier 〈◊〉 , ( in prolegom ad to●● . . con●il . ) thus , licet forsan fals● t●li sint pontifici , vel cert● tali co●cilio per scriptorum inc●rian ad scripti . i. e. although perhaps ( speaking of such canons ) they are falsly ascribed to such a pope , or to such a council by the carelesness of writers . thus far selden , hist. tythe● , c. . § . . ) and in his sixth section of the same chapter , mentioning again the decree of masoon , which was but provincial , he sayes , no canon as yet was received in the church generally , as a binding law , for payment of any certain quantity ; which not only appears ( sayes he ) in that we find none such now remaining , but also is confirmed by the testimony of a great and learned french bishop ( in whose province also mascon was ) that could not be ignorant of the received law of his time . he lived and wrote very near the end of this four hundred years ( i think ( sayes he ) in the very beginning of the next , which , according ▪ to s●lden's division , must be the year . ) and , in a treatise abou● the dispensation of church revenues , expresly denyes , that befo●e his time any synod or general doctrine of the church had determined or ordained any thing touching the quantity that should be given , either for maintenance or building of churches . he gives the testimony of this bishop in his own words , thus , ja● vero de donandis rebus etordinandis ecclesijs , nihil unquam in synodis constitutum est , nihil a sanctis patribus publice praedicatum . nulla enim compulit necessitas , fervente ubique religiosa devotione , et amore illustrandi ecclesias ultro ●estruante , &c. ( i. e. but now concerning endowing ●nd ordaining churches , there has never been any thing decreed in synods , nor publickly preached by the holy fathers . for there has not been any necessity for that , religious devotion being every where warm , and the desire of adorning churches burning of its own accord . and then adds , this author is agobard bishop of lyons ( very learned and of great judgment ) and had not so confidently denyed what you see he doth , if any decree , canon , or council , generally received , had before his time commanded the payment or offering of any certain part . and to confirm the truth of this bishop's testimony herein , he adds , that neither in the codex eccl●si●●niverculis , or the codex ecclesi● romane , or africane , fulgentius ferrandus , cresconius , or isidore's collection ( all which , in those elder ages , were as parts of the body of the canon law ) is once any mention of the name of tenths . thus far selden . by which it may appear that tythes had not so early a settlement in the church as the priest would perswade his reader . the priest seems now to have done for the present with councils , and betakes himself to the laws of kings and emperors . to which before i pass , i desire the reader to take notice to what a nothing his great talk of councils is come ; and that after all his great brags , he hath produced but one council that expresly names tythes , and that but a provincial one neithe● , and falling so much short of that antiquity , that antient date , the beginning and earliest dayes of christianity , which he so frequently and vauntingly repeats , that it was not much less then . yea●● after christ , before it was made , and then too in probability little regarded . § . . now let us observe the laws he offers , made by kings and emperours concerning tythes . the first he instances is of constantine the great , who ( he sayes , pag. . ) being settled in his empire , in the lands under his dominion , out of every city gave a certain tribute , to be distributed among the church and clergy of the provinces , and confirmed this donation to stand forever . if this be true , yet what relation hath this to tythes ? if constantine gave a tribute out of every city , doth it thence follow that that tribute was tythes or the tenth part of the revenue of those cities ? or if that should be supposed , would the priest thence infer , that the country people , the farmers , the husband-men , who lived not in the cities , but in the country-towns and villages , were by this donation obliged to pay the tythes of the increase of the lands , which they man●red and occupied ? what need had there been then of such a tribute out of the cities ? this instance of constantin's donation , if it be allowed to prove any thing , will rather prove that tythes were not then paid , then that they were . but the truth of the donation is questioned . cusanus sayes thus of it , sunt m●o judicio illa de constantino apocrypha , i. e. those things concerning constantine are in my judgment apocryphal , that is , obscure and doubtful . many other authorites perkins produces to prove the donation of constantine false , problem . pag. . but whether it be false or true , it speaks nothing of tythes , and therefore is the less to be regarded . the priest goes on thus , it were endles's to relate all the constitutions of pious emperours either to enlarge the revenues of the church , to preserve its liberties , or to secure the donations made by others . let that one law which is so full for the divine right of tythes , serve instead of many instances , pag. . i cannot but take notice , how short-winded this priest is when he comes in earnest to produce his authorities . he talks big before-hands , and gives great expectation of what he will do , but when he comes to the point , how mean ( alas ! ) is his performance in respect of the preparation he makes ! what a noise did he make of councils ere now ! who that heard him would not have almost thought , that all the antient councils had been called on purpose to settle tythes upon the clergy ? and yet after all this heaving and swel●ing , the great mountain hath brought forth but one mouse , and that a little one too ; i mean his high talk and great preparation hath produced at last but one authentick council that mentions tythes ( if that one be authentick ) and that but a provin●ial neither . and now that he is slipt from councils to the laws of kings and emperours , he instances one of constantine the great , of suspected credit , that has no mention of , nor relation to tythes , and then immediately sayes , it were endless to relate all the constitutions of pious emperours , &c. as if he had almost wearied himself with relating so many before , whenas indeed this was the first and only one that he had so much as named . and how poorly afterwards doth he come off , when he sayes , l●t that one law which is so full for the divine right of tythes , serve instead of many instances ! can any one doubt ( who observes his manner of writing ) that this is only a flourish to hide his penury ? it had been worth his while ( though he had taken a little the more time for it ) to have given us some of the most material of those many constitutions of pious emperours , which he sayes it were endless to relate ; and it is not to be questioned but so he would , could he have found amongst them all any that had spoken but favourable of tythes . but since no more are to be had , let us look the more intently on this he doth give , and see whether it deserves to serve instead of many instances . he words it thus , pag. . the tythes by god's command are separated for the priests , that they which are of gods family may be sustained by his portion , and therefore they cannot by any human priviledge be given to lay-men ; lest the supream authority should therein prejudice the divine commandment . i see no reason for his calling this a law , which is rather a declaration by doctrine , then a constitution by precept . if it be a law , he might have done well to have acquainted his reader who was the law-maker . he neither tells us who was the author of it , nor in what age 't was made ; but sets it down bare and naked , as i have here transcribed it : only in the margin he hath this reference [ cod. l. . tit. de pr●scrip ] but though he conceals the date of it , yet that passage in it [ therefore they cannot by any human ●iviledge be given to lay-men ] speaks it to be of muc● later birth then he would willingly have it pass for . however , let the age and author of it be as they are , it deserves not the name of a law , much less of such a law , as in the case of tythes may serve instead of many instances : for it injoyns nothing , but only supposes tythes separated for the priests by god's command , and declares they therefore cannot by any human priviledge be given to lay-men . this peradventure may some-what concern the civil magistrate and the impropriators , but not the case in hand . in the same place , he sayes , a parallel law to this we find in authenticis , ti . eod . it may be so . but where he found it , there it seems he thought fit to leave it , for he sayes not a word more of it . but going on nearer to king ethelwolf's time , he sayes , k. ethelwolf might know how the religious k. riccaredus had confirmed the decrees of the first council of hispa●is about paying tythes , anno. ● . nor could he be ignorant what charles the great had done in settling tythes on the church about . years before k. ethelwolf's don●tion . pag. . the story of riccaredus i am a stranger to , and like to be for him ; for he has not been so fair as to acquaint his reader whence he took it . that of charles the great was about the year . far enough short of his boasted antiquity , and of the earliest dayes of christianity , falling indeed in a time when the church was miserably depraved and corrupted , and growing every day worse and worse , as i shall have occasion more particularly to shew when i come to ethelwolf's time . and though the priest sayes , this emperour ( who gave tythes ) was so far from idolatry , that he called a council to condemn the use of images , and write against them himself . yet corruptions en●ugh were there then in the church , beside the use of images to prove the religion he profest to be popish , according to the definition of popery given by the other priest in his friendly conference , pag. . where he sayes , i cannot give you a more brief and true account of popery then this , that it is such doctrines and supperstitious practices , which by the corruption of time have prevailed in the church of rome , contrary to the true , antient , catholick , and apostolic church . now that the doctrine of purgatory , of the intercession of saints deceased , of monkish life and the calibate ( or unmarried life of priests ) and that the practice of praying for the dead , of sacrificing for the dead , of praying to saints , of going religiously on pilgrimage as a part of divine worship , that the use of chrism and of exteam vnction , were received in the church long before this charles his time , i have already shewed ; that these doctrines and practices by the corruption of time have prevailed in the church of rome , i have proved before by the unquestionable evidence of protestant authors : and whether these doctrines be true or false , whether these practices be superstitious or no , whether or no both the doctrines and practices be contrary to the true , antient , catholick and apostolick church , let the true protestant judge . if these doctrines and practices are not superstitious , if they have not prevailed by the corruption of time , if they are not contrary to the true , antient , catholick and apostolick church , then am i under a mistake . but if they are superstitious , if they have prevailed through the corruption of time , if they are contrary to the true , antient ▪ catholick and apostlick church , then are they popish ( according to the priests own definition 〈…〉 ) and consequently tythes , so far as he derives their institution from those who were in the belief and use of these superstitiou● doctrines 〈◊〉 practices , had their institution from popery . but 〈◊〉 this more when i come to ethelwolfs time . what hath been said in this place with relation to charles the great may opportun●ly also give● check to the priest's over-bold assertion in his following words , when he saith , that before the time of king ethelwolf , tythes were settled on the church in most parts of the christian world , eve● by civil and ecclesiastical constitutions , as well as voluntary donations , &c. pag. . i call this an over-bold assertion , because , first , i know he herein affirms more by a great deal then he is able to prove ; and secondly , if he could make such a general settlement appear , yet would not that acquit tythes from the blemish of a popish institution , i● as much as i have proved before , even by the priests own definition of popery , that popery had made her encroachments in the church before the time of charles the great . § . . hitherto he has travelled forraign countries to seck a right to tythes , and has taken muc● pains to little purpose . now he begins to look homeward , where i am of opinion he will speed no better . he had a mind in his way to brand me with ignorance , but he wanted an occasion for it . where therefore he could not find a way , he resolved ( like the carthaginian captain ) to make one . hereupon he sayes , pag. . he perceives all along i 〈◊〉 the very birth of tythes in the year . for this suggestion he has not the least colour of reason . for if the birth of tythes were dated ( as he sayes ) in that year , it was 〈…〉 but 〈…〉 but his brother 〈◊〉 that 〈◊〉 them that date , by fixing on ethelwolf's c●arter for the ground of his claim to tythes , which was made in that year . the argument was his own , the method and order of his discourse was at his o●n choice . had he designed an elder birth to tythes , he might have given them an elder date if he could . but he thought fit to date his claim to tythes from ethelwolf's donation , which , out of sp●lman , i shewed was made in the year . and thereupon i said ( pag. ● . ) if he had any charter or settlement of tythes of older date then that of ethelwolf ( which was about the year . ) he should have produced it , and probably so he would . however , since he did not , i have no reason to think he 〈◊〉 any ●lder . i took the oldest he thought fit to give , and did not take upon my self to date the birth of tythes , but shewed the reader in what year my opponent had dated his cla●m . ● but having liberally bestowed his brothers ignorance upon me , and thereby got an occasion to insinuate that i am miserably mistaken , he goes about to set forth a more an●ient date of the birth of tythes , then that of ethelwolf's charter . and fi●st he brings in flet● the lawyer expounding the word [ church-esset ] to signifie a certain measure of corn which every one of old gave to the holy church , about the time of st. mar●●n ' s feast , as well in the time of the brittains as the english ; adding , that it was after called first fruits . from hence he infers , that by this account , there was a kind of tythes paid by the brittains before the co●●ing of austin . pray mark his word [ a kind of tythes ] he himself it seems for ) all his usual confidence , would not adventure to call it simply tythes , but a kind of tythes . what m●ans he by that ? was this certain measure of corn the tenth part of the crop ? he sayes , every one of old gave this certain measure of corn , but doubtless every one had not a crop of corn growing . but waving this and his other conceits of the saxo● words ciric-sceat , or ciric-set signifying the tribute of the church , or the church seed ; with what else he urges out of malmsbury , spelman and lindenbrogius , concerning first fruits of seed , & tribute of corn together with the law he cites of k. ina commanding the payment of the caric-sceat on the feast of st. martin under a severe penalty ( all which are nothing to the present purpose , unless he could prove that this church-esset and caric-sceat were really and properly tythes , which i deny ) i go on to his next quotation , the epistle of boniface to cuthbert arch-bishop of canterbury , in which he tells me , i shall find tythes by name . only by the way , seeing he hath mentioned k. ina for a patron of church revenues , i desire the reader to take a little notice of th● corruption and superstition of that age and church in which k. ina lived , and for whose sake he made that law ▪ he built ( sayes speed ) the abbey of glasenbury , and garnished the chapp●l thereof with gold and silver , and gave rich ornaments thereto ; as altar , chalice , censer , candlesticks , bason and holy water , bucket , images and pale for the altar . he instituted also a certain yearly payment to the see of rome , known afterwards and challenged by the name of peter pence , and casting off at last his regal authority , he went to rome , where in the habit of a religious man he spent the remainder of his life . by this the reader may perceive what religion k. ina was of , who besides his other superstitio●s , was a s●tter up of images in the church ; and declared his communion with the church of rome , not only by his donation to it , but by entring and leading a monkish life in it ▪ and what the church of rome at that time was , in point of idolatry , is notorious to all that have conversed in the histories of those times , and observed the great 〈◊〉 occasioned about images and image-worship between the emperors philippicus & leo the third on the one hand , and the popes constantine , gregory the second , and gregory the third , ( under one of whose 〈◊〉 ina went to rome ) on the other hand ; the emperors endeavouring the destruction of images ; the popes with the clergy cls stoutly maintaining and defending them . and under two of these popes were two councils called in rome on purpose to establish image-worship . now to his quotation out of boniface , he sayes , pag. . if i desire to have the name of tythes , as well as the thing , among the antient saxons , i may find in the epistle of boniface to cuthbert arch-bishop of canterbury , anno. . that the english priests in those dayes were maintained by the taking the daily oblations and tythes of the faithful . hitherto he has found neither the thing nor the name among his saxon evidences , but has given only some ill grounded conjectures that church-esset and ciric-sceat might signifie a kind of tythes . and what he has now found in the epistle of this arch-bishop boniface , comes much too late to clear tythes from the blemish of popish institution . for if he could prove an institution of tythes in this nation , a general dedication of tythes or any positive law commanding the payment of tythes here , as early as this epistle of boniface ; which yet is far from early in comparison of the earliest dayes of christianity , yet unless he could also wipe away ( for covering will not se●ve ) those foul spots and filthy stains , those gross corruptions and superstitions , wherewith the church was 〈◊〉 that time , and before , miserably polluted and deformed ; all he can say will not acquit tythes from a popish institution , even according to the notion his brother priest has given of popery . but though through the blind devotion of that age , some of the most superstitiously zealous might not improbably give tythes , yet hath not he given , or met with any law , constitution , or synodal decree of that time ( of undoubted credit ) injoyning the payment of tythes . this very cuthb●rt , to whom the fore-cited epistle of boniface was written , being then arch-bishop of canterbury , called together the bishops and prelates , and held a great synod near a place called clomesh● , the decrees of which synod iohn fox hath set down particularly , in his acts and monuments of the church , upon the year . ( in which year that synod was held ) but in all those decrees there is not the least mention of tythes : no constitution yet appears , civil or ecclesiastical , for the payment of tythes . and as for boniface himself , from whose epistle the priest would prove the settlement of tythes in england before popery , take but the character that fox gives of him in the place fore-quoted , and then think as thou canst of him , the religion and times he lived in . first he taxes him with maintaining superstitious orders of lascivious nun● and other religio●s , and restraining the same from lawful marriage . then he adds , for so we find of him in stories , that he was a great setter up and upholder of such blind superstition and all popery . who being admitted by pope gregory the second , arch-bishop of magunce , and indued with full authority legantine over the germans , builded monasteries , canonized saints , commanded relicks to be worshipped , &c. item ( sayes he ) by the authority of the said arch-bishop boniface , which he received from pope zachary , childerious king of france was deposed from the right of his crown , and pipinus betrayer of his master was confirmed , &c. from this boniface ( adds he ) proceeded that detestable doctrine which now standeth registred in the popes decrees , dist. . cap. si papa . which in a certain epistle of his is this , that in case the pope were of most filthy living , and forgetful or negligent of himself , and of the whole christianity , in such sort , that he led innumerable souls with him to h●ll , yet ought there no man to rebuke him in so doing , for he hath power to judge all men , and ought of no man to be judged again . now reader weigh and consider with thy self what manner of bishop this boniface was , what a religion he profest , what times he lived in , and then tell me whether or no popery had not made her encroachments in the church , in the time of this bishop boniface . next to the epistle of boniface before mentioned , the priest offers a collection made by egbert arch-bishop of york in the year , as he says , . of all the cano●s that were made in the councils before his time , and wh●ch were in force in england ; among which canons , he sayes , pag. . there is frequent mention of tythes , as particularly in the . . . and . the words of the fourth canon he gives thus , that the people be 〈◊〉 in the right manner of offering them to gods church . the words of the fifth canon he sets down thus , that the priest shall take them , and set down the names of those who gave them . there he stops , omitting the rest of that canon , which in the latine thus follows , [ et secundum autoritatem canonicam coram testibus divi●ant , et ad ornamentum ecclesiae primam eligant partem , secundam autem ad usum pauperum atque peregrinorum per ●or●● manus misericorditer cum omni humilitate dispensent ; terti●● vero sibimet ipsis sacerdotes reservent . i. e. and according to canonical authority shall divide them before witnesses , and shall chuse the first part for the ornament of the church ; the second part they shall with all humility most mercifully distribute with their own hands to the use of the poor a●d of strangers ; but the third part the priests shall keep for themselves . ] i have transcribed this only to shew the priest's craft in concealing it . he would have the benefit of this canon , he would use the authority of it to prove his claim to tythes ; but he would not have the people understand how and to what uses tythes were appointed by this canon to be imployed . how great a charge are the people now at in maintaining the poor , and in repairing and adorning those houses which they call churches , over and above their tythes to the priests , whereas this canon which the priest urges for the proof of his claim to tythes , commands expresly that the tythes being divided into three parts , two parts of the three should be bestowed upon those publique uses , and the priests to have but the one third part that remained . but now , alas ! the priests swollow the whole tenths , the two parts as well as the third ; and the people are fain to make new-levies to defray those publique charges , from which by this canon they were to be freed . but be this spoken by the way only . now to the canons themselves . he sayes , they were collected by egbert about the year . but by whom and when were they made ? doubtless that had been very material , but he has not a syllable of it , but delivers it in the gross , for a collection made by egbert of all the canons that were made in the councils before his time , &c. but by what art did egbert collect canons that were not made till after his death ? for that some such are ●n that collection which bare his name , selden gives more then probable reasons . first , he sayes , the authority of the title must undergo a censure . then he adds , who ever made it , supposed , that egbert gathered that law and the rest joyn'd with it out of some former church-constitutions , neither doth the name [ excerptiones ] denote otherwise . but in that collection some whole constitutions occur in the same syllables as they are in the capitularies of charles the great . of which he instances one , and sayes , there are some others which could not be known to egbert that died in the last year of pipin , father to charles . how ( sayes he ) came he then by that ? and how may we believe that egbert was the author of any part of those excerptions ? unless you would excus● it with that use of the middle time● which often inserted into one body and ●●d●r one name , laws of different ages . ( but that excuse will not help , since there would still remain t●e same doubt and ground for jealousie that these canons about tythes were made in some of the latter ages , not in ( much less before ) that which egbert lived in ) but admit that ( sayes selden ) yet what is [ secundum canonicam autoritatem coram tescibus dividant ? ] the antientest canonica autoritas ( sayes he ) for dividing tythes before witnesses , is an old imperial attributed in some editions to the leave●th year of the reign of charles the great , being king of france , in others , to the emperour luther the first . but refer it to either of them , and it will be divers years later then egbert's death . and ( adds he ) other mixt passages there plainly shew , that whose soever the collection was , much of it was taken out of the imperial capitularies , none of which were made in egbert's time . perhaps ( sayes he ) the greatness of egbert's name was the cause why some later compiler of those excerptions might so inscribe it , to gain it authority . and a little lower , he sayes , the heads of a synod holden in egbert's time , under king ethelbald and cuthbert arch-bishop of canterbury , are yet extant ; but not any express mention is found in them of tyth●● , although most of the particulars of church-government are toucht there . thus far selden in his history of tythes , c. . § . . whose words i have here set down the more at large , that the reader may see not only his judgment of this collection , but the reasons also , on which his judgment was grounded ; which i doubt not will satisfie the judicious and disinteressed reader that neither was that collection of canons made by egbert , nor are those canons themselves of so great antiquity as the priest pretends , and would gladly have them taken to be . to these fore-mentioned canons , he adds another of the council of chalcuth , which he dates in the year . and gives in these words , all men are strictly charged to give tythes of all that they posses's , because it is the troprierty of the lord god , or th● part that specially belongs to him , pag. . whether this canon be genuine or no , is somewhat doubtful . some objections lie against it , as the making renulph , king of west-saxony , to joyn with offa in calling the council , which seems not well to agree with renulph's time ; and some other variation of names , which possibly the mistake of transcribers might occasion . but that which is more material is , that the very syllables of this canon are found among some constitutions made by odo arch-bishop of canterbury , about . years ●fter the date of this canon . see selden's history of tythes , c. . § . . but not to insist on things doubtful , that which i observe is , that this council ( or synod rather ) of chalcuth was held under two legates ●ent from rome by pope hadrian the first ; which plainly shews both that the popes primacy and authority was before that time received and own'd in england , that this council was held in subjection to him , and that the church of england was then in communion with the church of rome . all which is deduceable from that epistle written by the said legates to the pope , in which giving him a particular account of the transactions of that synod , they have these words , haec decreta , beatissime papa hadriane , in concilio publico coram rege aelfwaldo & archiepiscopo eanbaldo et omnibus episcopis et abbatibus regionis seu senatoribus oucibus et populo terrae proposumus ; et illi ut superius fati sumus cum om●i devotione menti● juxtapossibilitatem virium suarum , adjurante superna clementia , se in omnibus custodive denovorunt , & signo sanctae crucis in vice vestrâ , in manu nostr● confirmaverunt , &c. i. e. these decrees , most blessed father hadrian , we proposed in the publique council before k. aelfwald and arch-bishop eanbald & all the bishops & abbots of the country , as also the senators , dukes and people of the land ; and they with all devotion of mind , as we said before , did solemnly promise , that by the help of god's mercy , they would observe them in all things according to their utmost ability , and they confirmed them in our hand in your stead with the sign of the cross , &c. and a little after , acquainting the pope that the same decrees were forthwith carried to the council held the same time under offa for the western part ( for the legates it seems divided , and went one to aelfwald in the north , 'tother to offa in the west ) adds , that upon the reading thereof , omnes consona voce & alacri animo gratiam referentes apostolatus vestri admonitionibus , promiserunt , &c. i. e. they all with one voice and chearful mind , returning thanks for the admonitions of your apostleship , did promise , &c. what the church of rome at that time was hath been somewhat declared before , and may be more hereafter . but of pope adrian himself , who sent those legates hither , and by whose procurement and authority that council was held , take a character from iohn fox in his book of the acts and monuments of the church , vol. . pag. . adrian the first likewise following ( sayes he ) the steps of his fore-fathers the popes , added and attributed to the veneration of images more then all the other had done before , writing a book for the adoration and utility proceeding of them , commanding them to be taken for lay-mens kalenders , holding moreover a synod at rome against felix , and all others that spoke against the setting up of such stocks and images . judge now reader , whether this council of chalcuth be a fit instance to prove that tythes were settled on the church before popery had made her incroachments in it , and that tythes had not their institution from popery , when this very council was held by legates sent by the pope on purpose for that end . § . . having said what he can from councils and canons , he makes a shew as if he would bring forth s●me temporal laws also for the settlement of tythe● in england before ethelwolf's time . his words are these , pag. . if it be inquired what laws our princes made in this matter : not to mention all those charters which from the first beginning of christianity , do confirm all the liberties , and all the revenues of the church ( among which were ty●●●s ) we will only note , that ethelbald king of mercia , anno. . confirms to all the clergy of his kingdom the liberty which they had out of the woods , the fruit of the ground , and the taking of fish. and this ( being after that epistle of the german boniface , which assured us tythes were then enjoyed by the clergy ) must ( he sayes ) be meant of tythes . in the former part of these words there is a flourish and a falshood . the flourish in these words [ not to mention all the charters which from the beginning of christianity , do ●onfirm , &c. ] what else is this but an empty found of words without matter ? the falshood in these words [ tythes were among the revenues of the church from the first beginning of christianity ] this ● tax for a down-right falshood , let him clear it as he can . then for the donation or confirmation of ethelbald : it speaks nothing of tythes , but discharges the monasteries and churches of his kingdom from publick taxes , burdens and services ( some few excepted ) and then sayes , let the servants of god ( it speaks generally , not the priest● or clergy only ) have their own liberty in the fruits of the woods and fields , and in taking fish , that they need not make presents to the king or to the princes , unless they do it of their own accord , but being free let them serve god , &c. here 's no mention of tythes ; and if there had , yet i think the priest would have been hard bestead to have acquitted them by this donation from a popish institution , or to have proved this charter made before popery had made her encroachments in the church ; especially if we consider that fox in his book of martyrs , gives this very charter as an instance of the popish blindness of that age. his words ( speaking of them that builded & endowed churches , monasteries , abbies , &c. ) are these , the cause and end of their deeds and buildings cannot be excused , being contrary to the rule of christ's gospel , for so much as they did these things seeking thereby merits with god , and for remedy of their souls , and remission of their sins , as may appear testified in their own records , whereof one here i thought to set forth for probation of the same . then he sets down this very charter of ethelbald , and after adds , by the contents hereof may well be understood ( as where he saith , pro amore celestis petriae , pro remedio anime , pro liberatione anim● , et absolutione delictorum , &c. i. e. for the love of the heavenly country , for the remedy of my soul , for the deliverance of my soul , and pardon of my sins , &c. ) how great the ignorance and blindness of these men was , who lacking no zeal , only lacked knowledge to rule it withal : seeking their salvation not by christ only , but by their own deservings and meritorious deeds . thus far fox in his acts and monuments of the church , vol. . l. . toward the end . from which the reader may observe how contrary his opinion of those times was to this priest , who brings the very same charter for proof that tythes were settled on the church before popery had made her encroachments in it , which fox gave as an i●stance of popish blindness and ignorance . and besides the general corruption of that time , the author of this charter ethelbald himself was a lewd and vitious person . speed in his chronicle , pag. . calls him a most lascivious adulterer , and the arch-bishop of ment● in an epistle to him , taxes him with wallowing in luxury and adultery with nuns . to this ethelbald , the priest ●oyns k. offa , who he sayes in the year . did give the tenth of all he had to the c●urch . why did he not add the occasion of this gift ? was he as●amed of it ? so let him then be of the gift too . it was a most ex●●rable . murder , agg●a●ated with the violation of hospitality . t●e story fox sets down out of ior●alensis and malmsbury , to this effect ; ethelbert , king of eastangles came to the court of offa with a princely train to sue for his daughter in marriage , offa's queen suspecting ethelbert had some other design , perswaded her husband to kill him : offa thereupon the next day caused him to be trained into his palace alone from his company by one called guimbertus , who took him and bound him , and there struck off his head , which forth-with he presented to the king and queen — offa length understanding the innocency of thus king , and the heinous cruelty of the fact , gave the tenth part of his goods to holy church , and to the church of hereford , in remembrance of this ethelbert , he bestowed great lands — and afterwards went up to rome for his pennance , where he gave to the church of st. peter a penny through every house in his dominion — and there at length was translated from a king to a monk , martyrol . vol. . pag. . here now we see the cause of this gift was a most barbarous murder , and the gift the price of innocent blood. yet this gift of offa's was but particular , the tenth of his own goods , not a general act , nor find we that he made any law to compel others to do the like . but the priest urges that this offa had with all his clergy condemned the adoration of images , and so was no idolater . that he and all his clergy did condemn the adoration of images , is more i think then the priest can prove ; but suppose that , doth it therefore follow that he was no idolater ? is nothing then idolatry but worshipping of images ? what 's the praying to saints ? what 's the worshipping of relicks ? will the priest say that offa and all his clergy had condemned this also . hee 'l say perhaps he was no papist neither . what went he up to rome for ? what made him so observant and bountiful to the pope ? what made him before receive the popes legates ? are not these plain arguments of his communion with the church of rome , in which besides all other idolatries , the adoration of images was then most zealously maintained ? from offa's gift he takes a step of about sixty years to ethelwolf's charter , finding nothing in the way to countenance tythes . now before we enter upon ethelwolf's charter , i intreat thee reader to cast thy eye a little back , and take a short review of the ●uthorities he has urged to prove the settlement of tythes in england before ethelw●lf's time . his first out of fl●ta has nothing of tythes . his second of ina has nothing of tythes . his third of boniface proves not any settlement of tythes , nor that the priests were maintained by tythes ; but only that they did receive tythes of such as did freely offer them . his fourth of egberts coll●ction of canons , is proved by selden not to be collected by egbert , but by some other of later times . his fifth of a canon of the council of chalcuth is by selden upon reasonable grounds suspected to be a constitution of odo arch-bishop of canterbury , above a hundred years after ethelwolf's time . his sixth of e●helbald's grant speaks nothing a● all of tythes . his seventh and last of offa was not any general settlement , but a particular 〈◊〉 of the tenth of his own goods . so that amongst all these there is not any one positive law , ecclesiastical or civil , undoubtedly genuine , and certainly made within the time pretended , that expresly commands the payment of tythes , or clearly declares that tythes in those times were generally and constantly paid . then for the qualifications of the persons by whom he fains tythes were settled , one was a setter up of images in the church ; another , a lascivious adulterer ; a third , a treacherous and cruel murderer , and all superstitiously devoted to the idolatrous church of rome . all which due●y considered , what advantage i pray has he got at last ? what additional strength has he gained ? what further discovery has he made ? what antienter evidenc● has he found ? what 〈◊〉 authentick charter has he produced for the settlement of tythes on the english church , then that of ethelwolf ? where 's now his great b●ast of antiquity , and his vaunt of the early settlement of tythes ? when after so long a search , and narrow a scruting among all the old records he could find , he is able at length to shew no charter for the settlement of tythes in england , of elder date then that of ethelwolf , in the year . nor any conciliary canon for the payment of any tolerable reputation , save that of chalcu●h in the year . ( if at least that may be reputed tolerable ) which was held and governed by the legates of pope adrian ( a stout maintainer of image-worship , and so in the priest's own notio● an idolater ) sent hither from rome on purpose . § . . now come we after this far-fetcht ●ompass to k. ethelwolf's charter at last , which the former priest had the wit to begin with at first , and not trouble himself with a fruitless search after what was not to be found , as this wise man has done to little purpose . the occasion of the donation he tells us , pag. . was the danish invasions , which made k. ethelwolf co●sult hi● ( lergy and nobles , by what means they might best avert the anger of god , &c. whereupon ( he sayes ) it was by general consent there determined , that the tythes throughout all england should be granted to god and the church . he said in the page next before , that k. ethelwolf in this donation doth rather confirm the right of tythes , then originally make them due . here he sayes it was determined that tythes throughout all england should be granted , &c. which of these must stand ? was it a grant or a confirmation ? were tythes throughout all england granted before ? what need had there then been of a grant now ? were tythes throughout all england not granted before ? what was there then for k. ethelwolf to confirm ? this hangs not well together . but i observe his eager desire to say enough , causes him sometimes to say too much . i expected now we should have forth-with entred upon the examination of this donation . but , whatever the matter is , he interposes another section , to sup●ly ( as it seems ) the defects of the charter . thus he begins it , pag. . but lest there should be any defect in this charter we will shew how it hath been confirmed since in all ages . hereupon he takes occasion to mention allured and guthrum , edward the elder , ath●lston , edmund , edger , canute and edward the confessor . all which he might very well have sp●red ; the question not being how late tythes were settled , but how early ? for if ethelwolf's donation be inpugned as popish , i think he takes but an indirect course to vindicat● that by instancing others more apparently popish then it self . yet as if he had no sense of this he runs on not only to , but through the norman conquest , as far as the time of the reformation , and out of spelman conclude● , these grants had been ratified in thirty nine several great councils and parliaments before the reformation . but of whom i pray did those councils consist before the reformation ? were they not the popish clergy , the very same ( or of the same ) that drank the blood of so many godly martyrs , and decreed tythes to themselves ? here he takes occasion to touch again upon his old string of divine right , & tythes being originally due to god , &c. pag. . which because i would not ( like him ) be ●ound alwayes singing the same song , i forbear to reply to , referring the reader to what hath been already said in answer thereunto in the former part of this discourse upon his first period . but there is another passage in this section , pag. . which i am not willing to pretermit . amongst other great things which he speaks of this donation , on● is , t●at the benefit thereof hath been enjoyed for eight hundred years by those to whom the donation was made . for this i confess i am beholding to him . he has helped me to a notable medium to prove what sort of priests this donation was made to , by assuring me it was made to them , who for so long a time enjoyed the benefit of it ; which is a characte● not at all applicable to the present english clergy , nor to any other so aptly as to the popish priests , who injoyed the benefit of it by far the longest of any . though considering the date of the charter and the time of reformation ( between which scarce full seven hundred years did intervene ) i see not how the popish priests neither can be said to have enjoyed the benefit of that donation for eight hundred years , unless he intend that he and his brethren are fundamentally and in the ground a part of the same priesthood with them , though in some min●ter circumstances disagreeing ; and so would reckon the benefit of this donation to have been enjoyed for eight hundred years by those and these in common . but then he should consider , that this infers the donation to be made to those and these in common , the consequence of which will be , that these and they are ministers of christ a like . but because this passage seems somewha● anigmatical , if i have not fully reacht his sense , i desire he will explain it in his next . meanwhile i go on to his next section , in which he notes three general exceptions that i take at this charter of ethelwolf , which in so many sections he intends i perceive to avoid rather then answer . § . . my first exception , he sayes , is in respect of the author of that charter , pag. . and here , he sayes , i affirm k. ethelwolf was a papist . i not only affirmed , but proved it from history , and gave such demonstrations of it as he chose rather to over-look then answer . it had become him to have shewed ( if he could ) that the instances i gave of ethelwolf's being a papist , were either not true , or not conclusive . but he has not so much as attempted either of these . i shewed from good authority that ethelwolf was bred a monk , took upon him the vow of single life according to the prof●ssion of that order , was aft●rward ●●de deacon and bishop in the then clergy , but upon the death of his father , was in order to th● civil government , absolved of his vows by pope gregory the fourth , went himself in great devotion to rome , confirmed his former grant of peter-pence to the 〈◊〉 obliged himself further to the yearly payment of three hundred marks to rome , wh●reof two hundred were appointed by him to buy oyl to keep all the lamps burning in st. peters and st. pauls churches at rome , and the other hundred marks was a yearly present to the pope , and that he was the pope's creature . all this spoken of ethelwolf particularly , the priest passes silently over , without the least touch or note ; and as one that is ashamed to confess , and afraid to deny , he puts me off with this sorry shift , pag. . if t. e. had known what gives a man the just denomination of a papist , he would not have discoursed so absurdly . what a pittiful come off is this ! is this like a disputant ? w●y did he not take up the discourse , and lay open the absurdity of it ? would a man of his scantling of understanding and discretion let slip so fair an advan●age ? who could have thought it ! well , that discourse however , absurd or not , remains una●swered , and the instances there g●ven to prove ethelwolf a papist are not disproved , or any way removed by the priest. he tells us , it is not every one that agrees in some opinions with the roman church , wh● is a papist ; since then all christians in the world would be papists , ibid. but what 's this to the purpo●e ? is not this another device to avoid the matter ? are the instances i gave of ethelwolf's being a papist common to all christians as well as papists ? 't is true indeed , there are some tenents common to papists and all christians , as that there is a god , that christ is come , and hath suffered for mankind , &c. but are those things mentioned before of ethelwolf of the nature of these ? are they received in common by all christian , as well as by papists ? let me come a little nearer him . he reckons himself not only a christian , but a minister of christ also ; is what is related before of ethelwolf consistent with his christianity ? if not , why does he thus abuse both his reader and me , by suggesting that what i there spake of ethelwolf is agreeable to all christian , as well as papists . but if what is spoken before of ethe●wolf be not agreeable to all christians , but to papists only , i hope it will be sufficient proof that eth●lwolf was a papist . having said who is not a papist , he now gives us the definition of a papist thus , he is a papist who professes himself a member of the roman church , and acknowledges the ●opes suprema●y , believing all the articles of the roman church ' s faith , p. . this definition would exclude a great number of profest papists from being papists ; for many that have lived and dyed in the profession of that religion , and in communion with the roman church , did not believe all the articles of the roman church's faith. most notorious are the controversies which for many ages have been maintained amongst the religious orders of that church , one sort most hotly and violently impugning the faith and opinions of the other , yet all papists . so that to the constituting a papist it is not of absolute necessity that he believes all the articles of the roman church's faith. but if he profess himself a member of that church , and be in communion with it , that 's enough to denote him a papist . the other priest in his friendly conference , pag. . gave his parishioner a definition of popery ; his words are these , i cannot give you a more brief and true account of popery then this , that it is such doctrines and superstitious practices , which by the corruption of time have prevailed in the church of rome , contrary to the true , ancie●t , catholick and apostolick church . now if this be a true account of popery , and so true an one that he cannot , as he sayes , give a more true ; what truer account then can be given of a papist then to say , he is a papist that holds such doctrines and su●erstitious practices , &c. or , he is a papist that holds popery : but popery is such doctrines and superstitious practices , which by the corruption of time have prevailed in the church of rome , contrary to the true , ancient , catholick and apostolick church . therefore he that holds such doctrines and superstitious practices , which by the corruption of time have prevailed in the church of rome , contrary to the true , ancient , catholick and apostolick church , is a papist . now let us measure ethelwolf by the priests definition of popery , and see how far ethelwolf will fall short of being a papist . that ethelwolf held the doctrine of the caelibate , or single life of priests , is clear from his taking upon him the vow of single life when he entred his monkish order . he held the doctrine that the pope had po●er to absolve and release him from his vows , and accordingly received an absolution from the pope . he held the practice of burning lamps continually day and night in the houses they called churches , and accordingly gave two hundred marks a year to buy oyl to feed the lamps in two of those churches , and that in rome . now if these doctrines and practices were superstitious ; if they were such as by the corruption of time prevailed in the church of rome ; if they were contrary to the true , ancient , catholick and apostolick church ( which none i think but a papist will deny ) then according to the priest's definition they are popery , and consequently ethelwolf in holding them was a papist . but the priest sayes , king ethelwolf did never profess himself a member of the roman church , ibid. is not this strange ! what made him then seek absolution of his vows from the pope ? what caused him to go in such great devotion to rome ? what moved him to give two hundred marks a year to maintain the lamp-religion of the ro●an church ? what induced him to settle a hundred 〈◊〉 a 〈◊〉 upon the pope ? what led him to re-build the english school ●n rome , ●ounded at first by 〈◊〉 , for a seminary to train up the english youth in the ●eligion of the r●man c●urch ? and how i wonder ●as he the ●opes creature ( as in history i● recorded of him ) if he never profest himself a m●mber of the roman church ? he adds , that ethelwolf and his succ●ssors were vicarius christ , o●ning no supre●m in their k●ngdom● but christ , ibid. certain it is , that the popes supremacy was received long before ethelwolf's time . perkins against 〈◊〉 acknowledges , it begun openly and 〈◊〉 in 〈◊〉 , anno ●● . which was near two hun●●ed and fi●●y years before the charter of 〈◊〉 for tythes ; and ●e quot●s s●gebert upon the year ● . thus , boniface obtained of the emperor 〈…〉 t●e church of rome should be the h●ad of all churches . t●is was within a few years after austin's coming from rome hither , and planting the ●oman religion here . from which time , for the space of well-●igh a hundred years , all the arch-bishops of c●nterbury , seven in number succ●ssiv●ly , were italians and forreigners , as fox notes in his martyrology , vol. . pag. . shewing ●articularly in one of them , theodorus by name , that he was sent into england by vitellianus the pope , to be arch-bishop of canterbury , whereupon this theodorus took upon him the placing and displacing the bishops at his pleasure . he turned out cedda and wilfride the arch-bishops of york , under pretence they were not lawfully consecrated , notwithstanding ( says fox ) they were sufficiently authorized by their kings . wilfride hereupon went to rome to complain ( but without redress ) why did he not complain to his king , if he was accounted vi●arius christi ? why made he his application to the pope , if the pope's supremacy was not then owned ? besides , if ethelwolf and his successors were vicarij christi , owning no supream in their kingdoms but christ ; how came it that they subjected themselves and their kingdoms to the see of rome , making them tributary to the pope by the yearly payment of rome scot or peter - 〈◊〉 , which was a 〈◊〉 tax laid upon every house in england , and paid to the popes treasury at rome ? h● adds further , t●at ethelwolf did not hold all the opinions of the church of rome , and therefore was no papist , p. . that ethelwolf was a papist , according to the account which the other priest gives of popery ( which he says is the t●uest account he can give of it ) i have proved before . that the holding every opinion of the church of rome , is absolutely necessary to the denominating a papist , i deny . a great part of the professed papists do not hold all the opinions of the church of rome . his consequence therefore is false , although he should prove his proposition . suppose a man hold purgatory , indulgences , praying to saints , worshipping of saints , praying for the dead , sacrificing for the dead , worshipping of relicks , auricular confession , ●ennance , absolution , pilgrimages , single life of priests , latin services , masses , merits , and abundance more of such like romish ware ; shall this man be denyed to be a papist because he holds not every particular of the church of rome ? how absu●d were that ? verily i cannot see what should induce this priest thus to argue , unless he should have apprehension , that the account which his brother priest has given of popery , will take in him and his brethren too , as holding such doctrines and superstitious practices , which by the corruption of time have prevailed in the church of rome , contrary to the true , ancient , catholick and apostolick church ; and has therefore to secure himself from the imputation of popery , invented this new definition of a papist . but when he cannot clear ethelwolf from being a papist , he atttempts to justifie his donation of tythes though a papist , and therefore sayes , pag. . if we should grant — that ethelwolf was a papist , yet neither would that make his donation of tythes void ; for an erroneous opinion in the person who doth a thing good in it self ( as we have proved tythes to be ) doth not make the act void . how lightly doth he speak of popery ! how willing he is to extenuate it ! an erroneous opi●ion ! it seems then popery in his opinion , is but an erroneous opinion . i alwayes thought popery had been at least one degree worse then a bare erroneous opinion . but suppose it for the present to be but an erroneous opinion ; yet may not an erroneous opinion be sufficient to make void an act which flows from that erroneous opinion , and is designed to uphold that erroneous opinion , as this donation of tythes did ? the opinion which was the cause of this donation was this , that this gift would be a means to appease the anger of god , obtain remission of sins and salvation of his soul. this was ( to say on more of it ) a very erroneous opinion , and from this erroneous opinion did spring the donation of tythes . now this opinion ( which was the cause ) being thrown aside and rejected , the donation ( which was the effect ) is void of it self ; according to that known maxim sublata causâ tollitur effectus ; i. e. when the cause is taken away , the effect is taken away also . nor was this donation erroneously grounded in respect only of the remission and salvation expected by it ; but also in respect of the person● to whom , and the service for which it was given . they to whom tythes were then given , were not the ministers of christ , but his e●emies ; and that religion which tythes w●●e given to support , was not the true undefiled religion and uncorrupted worship of god , but the false corrupted religion and worship of the degenerate church of rome . wha● he sayes of the act or thing being good in it self , hath no place here , unless he could as really prove , as readily say , that tythes are good in themselves : how tythes or tenths are good in themselves , any more then ninths , eights , sevenths , or any other number , i confess i do not understand . but sayes he , pag. . if all the good acts of papists ( in the true sense ) and all their charters and donations be void , meerly because ●ade and done by papists ; then all the charters of our kings , all the endowments of hosp●●als and schools , magna charta , and all publick acts for some hundreds of years before k. henry the eighth , would be void : which principle ( sayes he ) would destroy the maintenance of the poor , the priviledges of cities , and the freedom of all english subjects . ( with him in this part agrees the other priest in his vindication , pag. . urging for instance magna charta , to both which one and the same answer may serve . ) this is all grounded upon a mistake , ●nd i doubt a wilfull one too . his interest diswades him from distinguishing , as he ought , between religious and civil acts. what the papists did as men , as members of a body politick is one thing ; what they did as christians , as members of a religious society is another . though in their religious capacity they were wrong , yet in their civil capacity they were right ? they were really men ; they were truly members of the political body , though they were not truly members of the body of christ , their kings were true kings , their parliaments were true parliaments , their civil government , a true government , though their church was not the true church . the making void therefore this charter of tythes , which had direct relation to their religion , and was designed to su●port their church and worship , which was false , doth not at all shake , much less overthrow those civil acts , laws , charters and priviledges , which in a civil capacity , as members of the body politick , and with relation to the civil government , which was true , were made or enacted by them . he grounds his thesis on a false hypothesi● , when he sayes , if all the good acts of papists ( in the true sense ) and all their charters and do●ations be void , meerly because made and done by papists , &c. for i do not say that all the good acts of papists ( in the true sense ) are void ; but i say that th●s act ( the donation of tythes ) was not a good act , being given to maintain that ministry which was not the true ministry of christ , but a false m●nistry , and to uphol● that worship which was not the true worship of god , but a false worship . nor were all their charters and donations void . meerly becau●e made and done by papist ; but this charter of tythes is therefore void , because made to support and sustain a religion and worship by which god was dishonoured . so that i impugne not all the good acts of papists , meerly because done by papists ( nor indeed any good act of theirs in the true sense ) neither seek i to evacuate all their charters and donations ( or indeed any of them ) meerly because made by papists : but i impugne this donation and charter of tythes , as an evil act , proceeding from the erroneous , unsound and corrupt judgment of papists , and tending to uphold and maintain an erroneo●● , unsound and corrupt religion and worship . safe then and sound may all the good acts of papists in the true sense , all their civil and political acts , laws , charters , grants and donations , the maintenance of the poor , the priviledge● of cities , and the freedom of all english subjects , stand and remain inviolate and untoucht , notwithstanding the enervation of this charter for tythes . § . . the second objection which he offers in my nam● is this , that tythes were given to maintain th● popish clergy . this he sayes is a mistake , pag. . for sayes he , it was for the maintenance of the english clergy , who had a patriarch of their own in those dayes , and were a church of themselves , not holding all the opinions of the roman church , nor professing any canonical obedience to the pope — and therefore they cannot justly be called a popish clergy . that tythes were given to maintain the english clergy is not doubted . but what then ? does their being an english clergy acquit them from being a popish clergy ? cannot an english clergy be popish ? i wish with all my heart it could not . but what i pray was that clergy that drank such great draughts of protestant blood in q. mary's time ? was it not both english and popish . since then an english clergy has been popish , now vain a shift is it in him to say tythes were not given to maintain the popish clergy , because they were given to maintain the english clergy . but this english clergy had ( he sayes ) in those dayes ( of ethelwolf ) a patriarch of their own . had they so ? how much was ethelwolf then overseen in sending to pope gregory for absolution from his vows , when he might as well have had it from his own patriarch at home ▪ what was the matter ? was the patriarch busie , or out of the way , or did not ethelwolf know there was one . but who i pray was patriarch in his time ? what was his name ? when began the patriarc● at of england , and how long stood it ? out of what legend i wonder did the priest take this fable , that he quotes no authority for it . this patriarch doubtless must be a man of a very soft and easie temper , to let the pope send over his 〈◊〉 hither to be arch-bishops of canterbury , the chief se●t of his patriarchat ; and send his ●egats hither to call and govern councils . and when th●odor●s the italian arch-bishop of canterbury took upon him to displace wilfride arch-bishop of york , was not wilfride very much to blame to neglect his own patriarch , and go to rome to complain to the pope ? what patr●arch alive , but a very good natured man would ha●e endured all this ? but i am partly of the opinio● , when it comes to the upshot , we shall find no other patriarch of england but the pope , ( or some deputy of his ) who being in the time of the council at nice , one of the four patriarchs of the christian world ( as it was then called ) took in these western parts into his patriarchat . and when gregory bishop of rome dispenced with the english in the case of degrees prohibited , he did it ( sayes perkins ) as patriarch , problem . pag. . whence it appears that england was then subject to the patriarch of rome , which it would not have been , if it had had a patriarch of its own . he adds , they were a church of themselves , not holding all the opinions of the roman church , nor professing any canonical obedience to the pope . what he means by their being a church of themselves i understand not . they were such a church of themselves , as the pope sent his creatures to be arch-bishops in . they were such a church of themselves , as whose councils the pope sent his legats to govern . they were such a church of themselves as in case of grievance had recourse to the pope for redress . and for the opinions of the roman church , that they held them all , i will not say , but i dare affirm they held enough to justly denominate them a popish clergy . whateve● the opinions of the church of rome then were , that th●se were in communion with that church is notorious , and that some time before eth●lwolf , pope vitellianus sent theodorus over into england and divers monks of italy with him , to set up here in england latine service , masses , ceremonies , letanies , and such other romish ware , &c. if fox and his testimony may be taken , whose very words these are , martyrol . vol. . pag. . and what observance they paid to the pope may be not only gathered from that passage in arch-bishop wilfride's address to the pope , wherein speaking of th●odore by whom he was turned out , he sayes , quem quidem , pro eo quod abhac apostolicae sedis summitate directus est , accusare non aude● . i. e. whom in as much as he hath been directed by this high apostolical see , i dare not accuse . and from rainolds de rom. eccles. idolatria . where in his epistle pag. . he tells the english semi●aries , that about the year . the king of england revere●cing the pope as st. peters vicar , gave him yearly a penny out of every family , &c. but also most plainly concluded from the words of florilegus , cited by camden in his brittania , pag. . where mentioning divers priviledges of the monastery of st. albanes , founded by k. offa , and endowed by him and his successors , he giveth this for one , that the abbat or monk appointed arch-deacon under him , hath pontifical jurisdiction over the priests and lay-men , of all the possessions belonging to this church , so as he yieldeth subjection to no arch-bishop , bishop or legate , save only to the pope of rome . to the pope of rome then it appears , this abbat , notwithstanding all hi● priviledges , did yield subj●ction : how much more then did the rest of the clergy , who were not priviledged as he was , yield obedience to the pope ! the same author there likewise adds , that offa the magnificent king granted out of his kingdom a set rent or imposition , called rome-scot to st. peter's vicar , the bishop of rome , and himself obtained of the said bishop of rome , that the church of st. albane , the protomartyr of the english nation , might faithfully collect and reserve to their own use the same rome-scot throughout all the province of hertford , &c. we s●e now what respect , what regard , what obs●rvance , what veneration , what subj●ction and obedience was used towards the popes of rome by the kings and clergy of england , even before ethelwolf's time ; much more was it increased afterwards , as times grew worse , and popes higher . that the church of rome was then idolatrous , and that grosly too in the worship of images , i have shewed before ; as also , that divers monks were sent into england by the pope , to set up their latin service , masses , letanies , ceremonies , and other romish ware here . that this romish ware was set up here cannot be doubted , since theodore ( one of those monks which the pope thus sent ) was made arch-bishop of canterbury . from all which let the reader judge whether the clergy of those times was popish or no. but if they were , 't is much alike for ought i se● to the priest ; for he says , pag. . suppose again the saxon priests had been papists , that would not have made the donation of tythes invalid , because tythes are god's right , and the grant was intended to god. so that how bad soever the clergy was to whom tythes were given , 't is all one , the donation ( if he may have his will ) must stand . but why ? because , says he , tythes are god's right ? but how come tythes or tenths to be gods right more then nineths or eighths ? he begs the question , on , and gives it for proof . he adds , the grant was intended to god. he said himself but a few lines before , it was for the maintenance of the english clergy , using the words of ingulf , [ universam dotaverat ecclesiam anglicanam ; i. e. he endowed the whole church of england . ] but suppose the grant intended to god , must all grants stand then that were intended to god ? a notable way indeed to revive all the old grants and donations , which in the thickest darkness of popish ignorance were by blind zeal and superstitious devotion given to holy church ( as they called it ) and intended to god. but what thinkest thou , reader , makes this priest play the advocate thus for god , and stickle so hard for god's part ? is it his care for god , or his love to himself ? thou shalt see anon the reason . he intends to make himself god's receiver , and therefore no wonder if he talk so much of god's part . but he sayes , the clergy of that ag● were god's only publick ministers . it seems then he can be content to call the popish clergy god's publick ministers : but i hope he sees the consequent , that then th● popish church was god's publick church , and the popish worship gods publick worship also ; and where then was the church , worship and ministry of antichrist , so much cry'd out against by god's confessors and holy witnesses in almost every age ? were they the publick ministers of god who believed and held the doctrine of purgatory , of praying for the dead , of sacrificing for the dead , of praying to saints , of worshipping relicks , of auricular confession , of pilgrimages , of consecrations of water , oyl , salt , crism , of latin servic● , masses , letanies , and other ceremonies of the church of rome . by this , reader , thou mayst guess what a kind of minister he himself is . he adds , the donors supposed them a good ministry , and as such endowed them ; for they esteemed them to be god's receivers , p. . there 's no doubt but the donors supposed them a good ministry ; but that supposition doth neither make nor prove them so . and seeing they were not what the donors supposed them to be , there is no reason why that donation should stand , which was made upon such a mistake , and without which it had not been made . for it cannot be supposed the don●●s would have made such a donation , had they not by mistake supposed that ministry ( to which they made it ) to be what it was not : and reason would , that what was done upon a mistaken supposition , should , when the mistake appears , be ●oid ▪ but if all that has been given upon wrong suppositions must stand , his office of receiver may in time grow very considerable : for , not here to mention all other popish gifts , what does he imagine the turks think of their priests ? do not they suppose them to be a good ministry , and as such endow them ? do not they esteem them to be god's receivers ? whatever donations then amongst them have been made , or shall be , upon this supposition , shall be valid and in force , according to his argument , in succeeding ages ; and if ever the turks should be prevailed upon to assume the name and profession of christianity ( though otherwise sufficiently erroneous and corrupt ) this priest stands ready to be the receiver of what was given to the turkish priests , up on the same reasons by which he claims what was given to the popish priest , viz , that the don●rs supposed them to be a good ministry , and as such endowed them ; that they esteemed them to be god's receivers ; that the grant was intended to god ; that if there had been a fault in the least , that would not prejudice the masters title ; and that if they had been a turkish clergy , and forfeited their own right , they could not forfeit his . the other priest one may see has the office in his eye already ; for he says , suppose the turkish empire ( through god's mercy ) should be converted to christianity , may not the muffti himself , and those whom t. e. calls emaums ( which are the turkish priests ) together with all the mosche ( which are their temples ) and reven●es now belonging to them , be reconsecrated to christianity ? vindic. pag. . judge now , reader , whether with these men all be not fish that come to net ; and whether it is likely they would stick at any thing that is like to be gainful , who have already contrived a reconsecration of the turkish priests revenues . but to go on ; the author of the right of tythes pursues his argument to the same purpose again , pag. . ( sayes he of ethelwolf 's clergy ) if they were erroneous , neither prince nor people knew it ; and they did not give these to maintain their errors , but to maintain that which they believed to be a good ministry , and the true worship of god ; and therefore the donation remains good . may not all this be said of the worst state of the roman church ? nay , may it not be said of the very turk ( whom i mention not for comparison , but illustration sake ) does either prince or people know that their priests are erroneous ? or do they endow them to maintain their errors ? nay , do they not give their endowments to maintain that which they believe to be a good ministry , and the true worship of god ? but must those endowments therefore remain good , and christian ministers claim and exact them ! he adds further , that though that clergy were erroneous , yet ethelwolf ought to have given them god's du● , and the people ought to have paid it to them , which he a●gues as examples from the example of the iewish priests , who though very erroneous , had a right to t●thes . but is it as certain , that the popish clergy in ethelwolf's time was chosen and ordained by god , as the iewish priests were ? and is it as certain , that tythes were appointed by christ for the maintenance o● christian ministers , as it is that they were appointed by god for the maintenance of the iewish priests ? he might d● well to observe a difference between the states of law and gospel . god then chose that whole nation to be his peculiar people : hath he ever chose a whole nation to be his peculiar people since ? nay , hath he not chose himself a peculiar people out of all nations , kindreds , tongues and peoples , picking here one and there one , one of a tribe and two of a family ? out of that people he separated one entire tribe to the service of the tabernacle , who in a natural and lineal succession were appointed to carry on and continue that priesthood to the end of that polity : but under the gospel it is not so . his argument therefore from the example of the iewish priests will not hold . but if ethelwolf and the people ought to have given and paid tythes as god's due to that clergy , though ●rroneous , then surely he and they were unjust in not giving them sooner , and so were also his predecessors : for , if as god's due they ought to have given them at all , they ought then to have given them from the first , and upon that supposition were guilty of sacriledge in detaining them , which the priest it may be did not fore-see when he called ethelwolf a religious and mild prince , pag. . a good king , pag. . and the clergy's b●nefactor , pag. . but to what end doth he argue the validity of the donotion from the ignorance of the donors , saying , if the clergy were erroneous , neither prince nor people knew it , &c. seeing it had been all one if they had known it . for if ethelwolf ought to have given tythes to that clergy , & the people ought to have paid them , though that clergy were erroneous , what odds had there been if both prince and people had known them to be erroneous ? they must it seems have given and paid them tythes howev●r . how ill do these two periods agree ! in the first he says , though that cl●rgy were erroneous , yet ethelwolf ought to have given them god's due , and the people ought to have paid it to them . in the second he says , the donation is therefore good , because if they were erronious , neither prin●e nor people knew it . thus one while , their ignorance of the clergy's errors , and belief that they were a good ministry , makes the donation of tythes to them good . another while , though they were erroneous , yet the prince ought to give them , and the people ought to pay them : what would it have availed then for either prince or people to have known the clergy was erroneou● , if whether they ●new it or knew it not , they were obliged to pay them ? but whatever that clergy was , he says , almighty god hath now provided himself of ministers that ar● no papists , but the most considerable enemies to popery in all the world , p. . i verily believe it indeed , and withal , that those ministers whom god hath now provided for himself , neither do nor dare receive tythes . and though he cryes out , it is from a protestant clergy that the quakers would take tythes : i dare engage the quakers shall never serve the protestant clergy as the protestant clergy has served the popish , who have cryed out , and that justly , against the popish clergy , and thrust them out , but have got the tythes which were given unto them , and keep them for themselves . the protestants in protesting against the popi●h clergy , did well and very commendably : but their taking tythes from the popish clergy to themselves is their blemish , and will be so long as they retain them . § . . the third objection which the priest gives in my name is this , that ethelwolf granted this charter for tythes upon evil motives . for the good of our souls , and the forgiveness of our sins , are the words of the charter ; which shews it to be an effect of that popish doctrine of m●riting salvation by good works ; and that he gave this as an expiation for his sins . upon this he says , pag. . 't is somewhat strange that t. e. should reckon ●oth these for evil motives ; and it is the first time that i ev●r heard it called an evil motive , to be moved to do a good work , for the good of our souls . 't is very strange this priest should think to avoid the ●orce of the objection by a quibble only . to be moved to do a good work simply , is not an evil motive ; but to be moved to do a good work as an expi●tion for sin , or with an expectation of meriting salvation thereby , is an evil motive . again , ( says the priest ) the desire of remission of his sins was a good motive in it self , only he took an ill course to obtain it , if he sought expiation by good works , ibid. the desire of remission of his sins was a good desire ; but what was it a motive to ? if it was a motive to him to give tythes , that argues he expected remission of his sins by this donatio● ▪ and that he did so the words of the ●●arter confirm [ pro remissione animarum & peccatorum nostrorum ] and though the charter be by divers dive●sl● reported , yet in this part they generally agree either in words or substance florentius of worcester hath , pro redemptione anime sue & antecessorum suorum ; i. e. for the redemption of his soul , and of the souls of his ancestors . with him agrees hoveden . and hu●tingdon does not much differ , whose words are [ propter amorem dei et redemptionem sui ; i. e. for the love of god and his own redemption . ] and the bishop and clergy then on their part undertaking , that such a number of psalms and masses should be sung and said for the king and his nobles , express themselves to the same purpose , as having respect to the same end , namely , [ pro salute ( as matth●w westminster hath it ) pro mercede et refrigerio delictorum suorum , ( as in malmsbury ) i. e. for their salvation , for their rewa●d , and an abatement of their offences . ] so that it is plain , they expect●d by this donation to obtain the salvation and redemption of their souls , the remission and forgiveness of their sins . and that it was the common opinion of those times , that sins might be expiated by acts of piety ●nd charity ( as they accounted them ) the examples of offa and a●frida ( the one falling somewhat b●fore , the other somewhat after ethelwolf's time ) perswade . the first whereof having most treacherously and inhumanly murdered ethelbert king of ●ent , did thereupon give the tenth part of his goods to the church , and founded monasteries . the latter having occasioned the death of her husband earl ethelwold , & murdered her son in law king edward , did found religious houses for monks & nuns , to expiate ( that i may use the words of a great and learned antiquary ) and make satisfaction for that most foul and h●inous fact , wherewith so wickedly she had charged her soul , by making away king edward her husband's son ; as also to wash out the murdering of her former husband aethelwold , a most noble earl , &c. camden brittan . pag. . and that these acts , and such like , of those and other princes of those times , have been thus taken and understood by men of note and learning , appears not only by the last quoted authority , but also by the testimony of f●x , who compiled the book of martyrs : he in his first volumn , pag. . enumerating the many monasteries and other religious houses , founded and endowed before ethelwolf's time , says thereupon , the end and cause of these deeds and buildings cannot be excused , being contrary to the rule of christ's gospel , for so much as they did these things seeking thereby merits with god , and for remedy of their souls , and remission of their sins . for proof whereof he produces a charter of king ethelbald ( above fifty years older then that of ethelwolf ) granting certain priviledges to religious men , in which a●ter the preamble are these words , qua propter , ego ethelbaldus rex merci●rum , pro amore caelestis patrie , et remedio anima● mea studendum esse previdi , ut eam per bona opera liberam effice●em in omni vinculo delictorum : i. e. wherefore i ethelbald , king of the mercians , for the love of the heavenly country , and for the remedy of my soul , have foreseen it needful to endeavour by good works to make my soul free from all bond of sins . ●rom which sente●ce fox observes how great the ignorance and blindness of those men were , who lacking no zeal , only lacked knowledge to rule it withal , seeking ( sayes he ) salvation ●ot by christ only , but by their own deservings and meritorious deeds . and in pag. . setting down the charter of ethelwolf ( so dear and precious to the priests ) upon these words in it [ pro remissione animarum & peccatorum nos●rorum ] he hath this note , hereby ( sayes he ) it may appear , how when the churches of england began first to be indued with temporalities and lands ; also with priviledges and exemptions inlarged : moreover ( and that which specially is to be considered and lam●●ted ) what pernicious doctrine was this , wherewith they were led , thus to set remission of their sins , and remedy of their souls , in this donation and such other deeds of their donation , contrary to the information of gods word , and no small derogation to the cross of christ. thus far fox ; by which the reader may at once see both the opinion and practice of ethelwolf's age in this matter , and also the censure of this ecclesiastical writer in th● early age of protestancy . yet the priest sayes , pag. . this popish doctrine of merit and expiation by good works is not so old as that age ; which he infers from some directions given by anselm to those who visited the sick , in which is mention of being saved by the death of christ ; as also from the words of pop● adrian , who calls ( as he sayes ) merits a broken reed , &c. the popish doctrine of merits and expiation by good works was not on a sudden and at once received in the grossest sense in which it hath since been h●l● , but by degrees ; and for a while remission of sins was attributed to the death of christ , and good work● joyntly ; which is the reason that in the writings of those elder times mention is made of the death of christ , and of good works promiscuously , and the work of redemption , salvation , remission indifferently ascribed to each . this the priest seem not ignorant of , when he sayes , pag. ● . we may perceive they did not think this good work alone could expiate their sins , or merit salvation wi●hout god's mercy . as for the judgment of ansel● , adrian , or any other such , it is not conclusive in this case : for we are not so much to regard what was the private judgment of some one or few particular persons , as what was the general opinion of the the● church . we find in queen mary's time , when popery was as its height , when dr. day , bishop of 〈◊〉 came to visit stephen gardiner the bloody bishop of winchester , lying then at point of death , and began ( as fox relates ) to comfort him with words of gods promi●e , and with the free justification in the blood of christ our lord , repeating the scriptures to him , winchester hearing that , what my lord ( quoth he ) will you open that gap n●w ? then farewell all together : to 〈◊〉 and such other in my case you may speak it ; but open this window unto the people , then farewel all together , martyrol , vol. . pag. . none i think can doubt but the doctrine of meriting salvation , and of expiating sins by good works , was then generally believed in the grossest sense by the church of rome , and yet we see by this in●tance some of tha● church had a private judgment otherwise , and some of the worst of that church too . for scarce did bonner himself send more sheep to the roman shambles , then did this bu●cherly bishop of winchester , who ( as fox observes in the place fore cited ) on the day that ridley and latimer were burnt at oxford , deferr'd his dinner till about four of the clock in the afternoon , re●using to eat till by a post from oxfor● ●e had certain intelligence , that the fire was kindled upon those godly martyrs . thus we see some of the worst of the romanists did not hold all the opinions of the church of rome ; yet neither doth that prove either that those romanists were no papists , nor yet that the church of which they were members did not hold those opinions . but the priest , as if he hoped to wind himself off from the objection by criminating the quakers , says , to merit pardon and salvation by good works , is now a doctrine of the grosser romanists , and i fear of some quakers also , who ( sleighting merit and necessity of christ's death ) ascribe salvation to the following the light within ▪ p. ● . in this he slanders the quakers . i reject his charge , and in the name of the quakers deny it . let him name those quakers that sleight the merit and necessity of christ's death . i solemnly declare i know no such ; and yet i think , if any such there were , i might as well pretend to know them as he . nor do the quakers ascribe salvation to the following the light within , but they ascribe salvation to christ iesus , to whom the light within doth lead those that truly follow it . herein he hath wronged the quakers , as in his next words he abuses me ; t. e. ( says he ) himself pleads , that there is no salvation unless we have a ●inless perfection , and ( as if christ had never dyed ) positively affirms , wheresoever there is sin , there is also condemnation ; for which he sets pag. . of my book , in which no such words are to be found as he has put down in the first part of this sentence [ viz. that there is no salvation unless we have a ●inless perfection ] these not being my words , but his own . and the latter part he hath grosly perverted , making those words [ wheresoever there is sin , there is also condemnation ] to import , as if christ had never dyed ; for which there is no colour at all . for the end of christ's coming and tasting d●ath , was not to take away the condemnation only , and leave the sin remaining ; but he was manifested to take away our sins , jo●n . . to destroy the works of the devil , vers . . not only to take off the condemnation due for those works , and leave the works standing ; but to destroy the works themselves . and where sins are not taken away , where the works of the devil are not destroyed , there the condemnation is not taken off , but remains , as the apostle proves , rom. . . now this doctrine doth not at all deny the death of christ , nor derogate any thing from the vertue and power thereof , but confesses and exalts it , in that it ascribes to him the whole work of taking away not only the condemnation , but the sin also ; of not only taking off the guilt , but destroying the works of the devil too : whereas the contrary doctrine doth import , that christ hath not compleated the work he came to do , while it supposes him to take away the condemnation , but leave the sin remaining , whenas he was manifested on purpose to take away the sin , and to destroy th● works of the devil . but as if the priest thought it not enough to pervert my words , and fasten on them a suggestion by no means deducible from them , he thus goes on ; now he that looks for salvation by his per●ection , doth hold that popist doctrine of meriting salvation by good works . but who is he that looks for salvation by his perfection ? the quaker does not : who does ? it is one thing to believe perfection attainable , to aim at it , and press after it , but it is another thing to look for salvation by it . patience , humility , meekness , temperance , charity , and other christian vertues are not only desirable , but ( i suppose he 'l grant ) attainable . but must they who seek after and obtain these vertues , needs look for salvation by them ? it is no fair consequent : and had he had the last of these vertues , he would not have suggested this foul slander . he adds there , and he that proudly sayes , he hath no sin to be remitted , r●nders christ's death as useless , as he that believes he shall obtain remission by his good works . he that speaks proudly , sins in so speaking : but that must not be charged on him who speaks the truth in humility . that remission of sins is to be received through the blood of christ ; the apostle paul expresly sayes to the ephesi●e●s , c. . . and colossians , c. . ver . . now he who hath thus received remission of his sins , and with an humble and thankful heart acknowledges it , can he be said to render christ's death useless , when he attributes the remission of his sins to christ's death ? if any one sayes his sins are remitted , when they are not , he is to blame and deceives himself . if any one expects remission of sins by any other way then the death of christ , he renders the death of christ useless . but surely , he that in truth and humility , acknowledges he hath received remission of sins through the death of christ , doth not thereby render the death of christ useless , but altogether useful ; since without it his sins had not been r●mitted . and thus the quaker does , to the refutation of the priest's slander , and the discovery of his evil mind in suggesting the quaker will be found more a papist then k. ethelwolf . but whether ethelwolf were a papist or no , it is much alike to the priest , for he sayes , we conclude therefore , that the quaker falsly accuses our anc●stors in calling them papists , and their clergy popish , and in affirming they were acted by evil motives . and yet ( sayes he ) if all these had been as true as they are false , it had been hurtful only to themselves , but doth not at all make their pious donations of tythes to god and his ministers to be void , pag. . what ethelwolf was , who gave tythes , ( viz. first a monk in orders , then absolved from his vows by the pope , a great benefactor to the pope , and to the church of rome in particular , and in a word the popes creature . ) what motives induced him to give tythes ( viz. to obtain thereby remission of his sins , and the redemption of his soul. ) what clergy that was to whom he gave tythes ( viz. popish priests and monks , corrupt in doctrine , corrupt in practice , corrupt in life , corrupt in manners . ) what the religion of those times was , ( viz. praying to saints , praying for the dead , sacrificing for the dead , worshipping of relicks , a●ricular confession , going on pilgrimages , extream vnction , chris● , holy water , purgatory , latine service , and saying mass , with abundance more of the like nature ) hath been related before . and what a kind of protestant that priest is , who will deny this to be popery , and them to be papists that held them , i leave to the readers judgment . many more instances might be given to shew how foully the church of that age was over-run with the romish leprosie ; but these i take to be sufficient to satisfie any true protestant . and indeed to what purpose were it to add more , when the priest here sayes , that if all this had been true ( that they that gave tythes had been papists , and the clergy to whom they gave them had been popish , and the motives on which they gave them had been evil ) yet it had been hurtful only to themselves , but doth not at all make their pious donations of tythes to god and his ministers to be void . so that it seems be they good or bad that gave , be they good or bad to whom they gave , be the motives good or bad which iuduced them to give , he regards none of all this ; 't is the gift he looks at , and so long as he can enjoy that , he matters not whence or how it came . but seeing he having prostituted his both reason and conscience to the libidinous desire of advantage and interest , regards not how he comes by it : i will only recommend to the reade●s consideration how ill it become● them , who pretend to be protestant ministers , to lay claim to the gift of a popish prince , given to maintain a popish clergy and worship , and upon such motives as are not only evil . but directly contrary to protestant principles . § . . in the former ob●ections which the priest made in my name against the donation of tythes , he left out the instances i had given to prove the donation popish , and took no notice of them . in this which next follows , he leaves out some ▪ and gives the others false : i to manifest further the corruption of that time , and apostacy of that church , did set down what the clergy on their part undertook , in consideration of the said charter , to perform , as in spelman's brittish councils i found it thus , it pleased also alhstan and swi●hin , the bishops of the churches of shirborn and winchester , with their abbats , and the servants of god , to appoint , that upon the wednesday in every week , all our brethren and sisters in every church , should sing fifty psalms , and every priest say two masses , one for k. ethelwolf , and another for his nobles that consented to this gift , for a reward and for an abatement of their offences . and that they should say for the king so long as he lived , oremus , deus qui justificas ; for his nobles also while they lived , pretende domine ; but after they were dead , for the deceased king by himself , and for the deceased nobles in common , &c. instead of this he hath these words , pag. . some slighter cavils he hath , pag. , . as fi ●st , his calling the clergy of that age apostates and corrupt , for being so grateful to their benefactors , as to engage to sing david's psalms , and to make prayers twice a week for them , that god would reward their bounty and pardon their sins . what is there in this at all like my quotation , unless it be the word [ psalmes ? ] do i call them apostates and corrupt for being grateful to their benefactors ? or do i not note the manner of their expressing their gratitude , as an instance of their apostacy and corruption ? in that they undertook to say masses for them , both living and dead ? instead of which he sayes , they engaged to make prayers for them . yet he is fain to confess , pag. . they called these prayers [ missas ] but sayes , they were far different from the missal of the church of rome , whose offi●●s ( he sayes ) were first brought in here by osmund bishop of sailsbury , anno. . but in that he speaks wrong . for long before osmund's time ( . years at least ) under pope adrian , who ( according to genebrand ) entred the popedom in the year . ( about eighty years before ethelwolf's donation ) the roman missal ( made , as they say , by pope gregory ) was ( by decree of a council at rome , with the help of a popish miracle ) commanded to be universally received and used . the story whereof ( for brevity here omitted ) is set down at large by durundus in his rationale l. . c. . and out of him and other authors , by iohn fox in his first volumn of the book of martyrs , pag. . this decree for the establishing gregory's missal , and making it universal , was vigorously prosecuted by charles the emperor , not only threatning , but punishing those that refused it , and burning the other service books where-ever he ●ound them , insomuch that , as fox observes , gregory's service had only the place , and hath ( adds he ) to this day in the greatest part of europe . and that it was received & used here in england as well as in other countries , not only the devotion this nation then had to the church of rome , and the influence charles the emperor had upon the english , may make it probable : but the occasion of osmund's bringing in that service which was called the use of s●rum , set down at large both by fox and stow , doth fully and plainly prove . fox vol. . p. . sayes , thurstan coming out of normandy with william the conqueror , and being made abbat of glastenbury , fell out with his monks to such an height that from words they went to blows , by which divers were wounded , and some slain ; the occasion whereof was , that thurstan contemning their quire service , then called the use of st. gregory , compelled his monks to the use of one william a monk of fisca● in normandy . stow in his annals of england , pag. . upon the year . relating the same matter , sayes thus , this man ( thurstan ) among other his fellows , despising the song called gregory's song , began to counsel the monks to learn the song of one william of festamps , and to sing it in the church , which to do when they refused , as they that had been ever used not only in this , but in other service of the church , to follow the manner of the roman church , sudainly on a day with a company of armed men brake into the chapter-house , &c. and so goes on to relate the skirmish which being beside my purpose , i omit , and only observe from these testimonies , first , that this roman mass , instituted by gregory and bearing his name , and by pope adrian & his roman council appointed to be used in all places , was received and used here in england before the conquest ; secondly , that the english clergy had been ever used , not only in this , but in other service of the church to follow the manner of the church of rome ; thirdly , that this missal of gregory , thus by decree of council made universal , and then received and used here in england , was in substance the same that was used afterwards , both here and elsewhere untill the time of reformation ; fox saying expresly , that gregory's service had only the place , and yet hath to this day in the greatest part of europe . but that the reader may the better judge whether these masses were such innocent things as the priest doth here represent them , whether the priests that said them were the right ministers of god , as pag. . he makes no doubt they were ; whether the people that used them were nearer in opinion to the protestant church of england then to the present papists , as pag. . he sayes they were ; and whether if they were so , it is not greatly to be lamented ; take here a story out of bede , shewing what opinion they had in those times of the vertue of their masses . in the wars between ecgfrid and edilr●d kings of northumberland and mercia , a young man named innua , one of ecgfrid's souldiers was l●ft for dead among the slain ; where , after he had ●ain a day and night , recovering sense and strength , he got up , intending to escape to his friends , but falling into his enemies hands , he was made a prisoner , and after his wounds were ●ured , he was bound , that he might not get away : but no bonds would stay upon him , but alwayes at a certain hour fell off . of which bede gives this reason , this young man had a brother , a priest , named tunua , who was at that time abbat of a monastery called from his name tu●uacestir . this abbat hearing his brother was slain , went to search out his body among the dead , and found a corps so like his brother's , that not doubting it to be the same , he took it up and buried it in his monastery ; and took care that masses were said often to obtain pardon for his soul ; by the celebration of which masses , sayes bede , it happened that no ma● had power to bind him , but presently his bonds were loosed . and he reports the yo●ng man himself to give this answer to the earl that had him in custody , inquiring the reason why he could not be kept bound , i have ( said he ) a brother a priest in my country ; and i know that he , supposing me to be slain , doth often say mas● for me , and if i were now in the other world , there my soul , through his intercessions , would be released from punishments . afterwards , when this young man , being ransomed , returned home , and recounted what had befallen him , many ( sayes the historian ) by the report hereof were stirred up in faith and devotion to pray , or to give alms , or to offer the sacrifices of an holy oblation to the lord , for the redemption of their relations who were departed out of this world. for they understood ( sayes bede ) that the healthful sacrifice was available to the everlasting redemption both of soul and body . thus hast thou reader a brief discovery both what sort of masses were then in use , and what they attributed to them : no less then the redemption of souls , for which christ died . now for a close , take withal the account which perkins in his problem against coc●ius , pag. . gives of the rise of the mass , thus , first , ( sayes he ) the lord's supper was celebrated in a most plain manner . dly , it was increased with ceremonies , and first with oblations for the dead , which was a gratulation or thanksgiving for them , and this was two hundred years after christ. dly , prayers for the dead were added about the year . then purgatory , and redemption of souls out of purgatory by masses . then about the year . gregoryes mass began to be used in the churches of italy , where before the liturgy of ambrose had been more in use . thly , they began to dispute of transubstantiation about the year . so that it seems , not only saying of masses for the redemption of souls out of purgatory was in use , but transubstantiation also was on foot before this famous charter of ethelwolf for tythes was granted . judge now r●ader , if thou art a protestant , whether popery had not made her incroachments in the church before ethelwolf's time ; whether the cl●rgy to whom he gave tythes were not popish , who undertook to say these masses for him and his nobles both living and dead , and whether the priest has not grosly abused his reader in suggesting that these masses were only innocent prayers , and in affirming they were far different from the missal of the church of rome . § . . next , he says , pag. . i quarrel with the charter for the names of the saints annext to it , in whose honour it s said to have been made . i gave the words of ingulf thus , — for the honour of mary the glorious virgin and mother of god , and of saint michael the arch-angel , and of the prince of the apostles saint peter , as also of our holy father pope gregory . to take off this note of popery , the priest sayes , pag. . t. e. may ●ote , that there is not one of the three mentioners of this clause that agree in it , so that it is very probable , the historians living some ages after , might ( as their manner is ) put in this less mat●rial passage in the phrase of their own times , of which dealing in other cases i could give many instances . to let pass his solecism , or incongruity of speech , [ that there is not one of the three mentioners of this clause that agree in it ] more tollerable in one so illiterate as my self , then in such a profound rabbi : i desire him and the reader also to take notice , that the same objection , upon the same reason , lies as forcibly against the extent of the charter it self , there being as great variety and little agreement in that part amongst the mentioners of the charter , as there is in the mention of the saints , for whose honour the charter is said to be made ; so that up on that s●ore it may as well be questioned , whethe● the grant was general of all england , or not : for some of the historians give it in such words as seem to speak only of his demeasne lands , some of his kingdom of west-sa●ony only : so that it is as probable that the historians that extend this donation to all england , might therein follow the humou● of their own times , of which dealing in other cases i could give som● instances also . in the mean time the priest had best have a care how he adventures to ra●e the images of the saints carved upon his beloved charter , lest before he be aware he shake and weaken the foundation of the charter it self . but he says , however , it was given to god in the first pla●e , and no mention of the saints in all the body of the charter , but sure he had forgotten that matthew of westminster hath in the very body of the charter [ deo et beatae mariae et omnibus sanctis ; i. e. to god and blessed mary , and to all saints . ] in his next page he says , i quarrel with the other priest because he will not grant they gave tythes in a blind and superstitious zeal ; and he takes upon him to defend it misapplying the words of the apo●tle , it is good to be zealous alwayes in a good thing . but the priest has not prov'd their giving of tythes a good thing ; and i have proved , they were blind and superstitious in this as well as in other things , and therefore their zeal therein was not commendable , but condemnable . but his brother priest seems to be now of another mind , and to understand the case better ; for in hi● vindication , pag. ● . acknowledging , there might be some corruptions and great defects in ethelwolf's charter , yet withal endeavouring to excuse him , as having no idolatrous design , but an honest zeal , that those whom ●e esteemed ministers of christ , might be provided for ; he adds , what can be more uncharitable the● to make a damnable idolater of him , for doing something , though it were in an ill manner , through invincible ●gnorance ? thus he , who in his conferrence , pag. . would by no means admit that tythes were given in an ignorant zeal , doth here , in contradiction both to his brother priest and to himself , acknowledge this do●ation of tythes was made in an ill manner , and through invincible ignorance . nor doth he attempt to wipe off those stains , which i had discovered in his charter , but rather endeavours to cover them again , by drawing t●e curtain of ignorance before them . this however he is forced to grant , that this donation of tythes proceeded from ignorance , yea , from in●incible ignorance : so that ignorance , at least , ( to say no worse ) was , in this particular , the mother of ethelwolf's devotion . again , sayes the author of the right of tythes to his brother priest , whereas you had said , tythes were given to god for the maintenace of his ministry , t. e. interprets this to be a calling the idolatrous priesthood of the church of rome gods ministers , which ( says h● ) is a malicious and false inference , since the priesthood to whose maintenance tythes were given , was neither idolatrous nor the priesthood of the church of rome , pag. . the inference is neither malicious not false ; but plain and true . these priests , both one and t'other , affirm that priesthood to whose maintenance ethelwolf gave tythes , to be god's ministry . i have proved they were a popish priesthood by the testimonies of divers approved authors , by the tenour of the charter it self , and by the definition the former priest gave of popery , viz. that it is such doctrines and superstitious practices , which by the corruption of time have prevailed in the church of rome , contrary to the true , antient , catholick and apostolick church . i have shewed at large that those priests , to whose maintenance ethelwolf granted tythes , did hold and use such doctrine and superstitious practices , as by the corruption of time have prevailed in the church of rome , contrary to the true , antient , catholick and apostolick church , of which i have given ma●y instances . i have also proved that priesthood popish by the assertion of this latter priest my present opponent , who in his right of tythes , pag. . saye● , the benefit of this donation hath been enjoyed for eight hundred years by those to whom the donation was made , which must of necessity be understood of popish priests , otherwise the assertion is utterly false . for he is a meer stranger to history , who doth not know , that from ethelwolf's time until the reformation , which in this nation began little more then a hundred years ago , romish superstitions , corruptions and idolatries , encreased daily and prevailed , and the english clergy in every age grew more devoted to the observance of the sea of rome . now when i have so fully proved that that was a popish priesthood to whose maintenance king ethelwolf gave tythes ▪ and yet these priests plainly affirm that , that priest● hood was god's ministry , what inference can be more plain and true , then that they call that idolatrous priesthood of the church of rome god's ministers ? this priest sayes , pag. . the clergy of that ag● was god's only publick ministers ; and pag. . the benefit of the donation had been enjoyed for eight hundred years by those to whom the donation was made . the donation was made in the year eight hundred fifty five , to which years of enjoyment being added brings to the year one thousand , six hundred , fifty five : i desire thee reader to compare these two sayings of this priest together , and to examin well the account of time , and then judge whether this very priest , who cryes out so vehemently against me for inferring that the other priest call'd th● idolatrous priesthood of the church of rome god's ministers , calling it a malicious and false inference ; doth not himself call that idolatrous priesthood of the church of rome , god's own publick ministers . when he sayes , the clergy of that age , to whom this donation of tythes was made , was god's only publick ministers , and that the benefit of this donation was enjoyed for eight hundred years by those to whom the donation was made , doth it not clearly follow that he accounts all the popish clergy in england , in the blackest and bloodiest times of popery , even bonner himself and his ●rethren , god's only publick ministers , who were indeed the publick ministers of antichrist , and the greatest enemies of god ? nay , he adds , pag. . it is certain the donors intended them ( viz. tythes ) to the right ministers of god ; and i make no doubt ( sayes he ) they were such to whom they gave them ; and they to whom they were given enjoyed ( sayes he , pag. . ) the benefit thereof for eight hundred years . what 's the consequent ? that he makes no doubt they were the right ministers of christ , who enjoyed the tythes for eight hundred years after ethelwolf , which comprehends the popish priesthood in its most filthy and poluted state . can any one believe this priest to be himself a minister of christ ? let him clear himself hereof if he can , and shew how the benefit of this donation of tythes was enjoyed for eight hundred years by any priesthood that was not popish and idolatrous . § . . in his next section he falls foully upon me ; and he that was so fine-mouthed , that he would n●t meddle with scurrility , because railing is not reasoning , p. . bestows here again on me his usual rhetorick of dishonesty , ignorance and impudence . the occasion he takes from hence . the former priest had said in his friendly conference , pag. . tythes being given to god for the maintenance of his ministry , n● blemish in the dedication of them can alter their pr●perty . hereupon in my answer , pag. . i observed he was for having all he could get , be it dedicated by whom it will , or how it will , and that he wanted nothing but power to revive all the old donations of the papists , given in the mid-night darkness of popery , to redeem th●ir souls out of a supposed purgatory ; then i added , nay , so general is his assertion ( no blemish , &c. ) that nothing once dedicated by whomsoever , would seem to come amiss to ●im ; not the offerings of the gentiles to their heathenish deities , not the endowments of the turks to their mah●metan priests , nor yet the thirty pieces of silver ( the price of innocent blood ) had juda● chanced to have dedicated it , would upon this position , have been unwelcome t● this man , could he once but have got them into possession to this the latter priest sayes , pag. . were these given to the true god ? or were these offerings tythes ? if they were not both of these , why doth this quaker mention them here ? to justifie ethelwolf's donation of tythes to the popish clergy , the priest often urges the intention of the donors , as pag. . the donors supposed them a good ministry , and as such endowed them ; for they esteemed them to be god's receivers . again , pag. . it is certain the donors intended them to the right ministers of god. and pag. . they gave tythes to maintain that which they believed to be a good ministry , and the true worship of god ; and therefore the donation remains good . here its evident he makes the validity of the donation to depend upon the intention of the donors . but when the gentiles offered to their heathenish deities did they not suppose and believe those deities to be true gods , and the priests of those deities to be a good and a right priesthood ? and did not some of them offer tythes also , as the priest has tak●n some needless pains to prove ? now if as he argues pag. . the donation therefore remains good , because the donors gave tythes to maintain that which they believed to be a good ministry , and the true worship of god ( although in very deed it was a bad ministry , and a false worship ) i appeal to the judicious reader , whether the same argument doth not serve , and the same reason reach to fetch in the gentiles donations of tythes to their heathenish priests . and for the turks , who are said to profess the true god ( though not to worship him truly ) can any one doubt but they believe their ●ahumetan priests to be a good ministry , and their al●oran-worship the true worship of god ? how plain is it then , that according to this priest's argument , their end●wments to their priests remain good ? and that these priest● could be well content to receive them , if they knew but how to come by them , and the rather because the revenues of the turkish priests consist partly in tythes als● . nay , he sticks not to say , pag. . if the things were offered to maintain 〈◊〉 evil way of worship , they may be applied to maintain a right way of worship ; but still they must remain sacred ? but the other priest hath since cleared the case : for in his vindi● . pag. . he sayes , suppose the turkish empir● ( through gods mercy ) should be converted to christianity , may not the muff●i himself , and those whom t. e. calls emaums together with all the mosks and revenues now belonging to them , be reconsecrared to christianity ? what therefore i observed from the words of the former priest , is confirmed and proved by them both ; and no imputation of di●honesty or ignorance , can be justly charged on me therein . but he taxes me with impudence , in calling that a general assertion which ( he sayes ) had three limitations , tythes , the true god , and the maintenance of his ministry . pag. . but he might have taken notice , that i call'd his assertion general with relation to those words [ no blemish , &c. ] which is spoken without any limitation ; be the blemishes in the dedication never so many , never so great , never so foul , yet with them it matters not ; no blemish in the dedication of them can alter their property , said the first priest , and your words i will stand to ( sayes the last priest ) and make it appear , that such things as tythes are , being given to the true god for a good end , no blemish in the dedication can alter their property . this he undertakes to prove by the instance of the censers offered by co●ah's company , pag. . and he blames me for observing what a pretty parallel the other priest had found out , and how well he had match't his case , in bringing this rebellious consecration , att●nded with a damnable sin , to parallel the dedication of tythes . but doubtless he that shall well consider it will find he has by this parallel rather hurt then help't , disgraced then credited his cause . it is the difference , he sayes , between these two cases , that makes the argument good . why then did he call it a parallel case ? is this case parallel to his , and yet doth his argument receive its strength not from the parity but the disparity or difference of the case ? that 's strange indeed : where was his logick , and common sense , when he writ that ! he quarrels also at the reason given why those censers were commanded to be kept , namely , to be a sign and memorial to the children of israel , that no s●ranger , &c. numb . . . this reason , though given in the text , he rejects , and sayes , if we dare believe almighty god , rather then this ignorant quaker , this was not the reason why they were to be k●pt ; for , sayes he , god gives another reason of that , ver . . because they are hollowed , and ver . . for they ●ffered them before the lord , therefore they are h●llowed . in the same . verse , the particular reason was given also , the censers of these sinners against their own souls , l●t them make them broad plates for a covering of the altar : for they ●ffered them before the lord , therefore they are hollowed : and they shall be a sign unto to the children of israel . here was both a general reason , and a paerticul●r , the general reason was , their being hollowed ; the particular reason was , that they might be a sign and memorial unto the children of israel , as the text expresses . now the general reason doth not exclude the particular , any more then the particular doth destroy the general . but here we see plainly that god would not suffer these censers to b● used in the service to which they were dedicated , but caused them to be wrought out , and put to another use ; which because i exprest before by [ the altering of their property ] he makes himself prophanely merry ; and having ironically call'd it an ingenious note of t. e's , he asks , hath not his immediate t●aching learnt him to speak sense ? th● form of the censers was altered indeed , but the property ( sayes he ) was not altered at all . what manner of teaching he hath had is sufficiently discovered by his frequent scurrilities and prophane i●sts . but for all his conceit , he may take notice , t●at the word [ property ] having various significations , relates to use as well as to possession ; so that those censer● being turned into plates , and thereby losing with their ●orm the use to which they had been appropriated , it is not improper to say the property of them ( in that respect ) was altered . but not to regard such triffling cavils , wherein the other priest also concurs with him in his vindication , pag. , . let us examine how far the instance of the censers may patronize this donation of tythes . in the time of the law , among the vessels and utensils of the tabernacle , censers had a place and service by god's command ; and they , as well as the rest of the holy vessels , were hallowed and consecrated to the service of god. and while tha● tabernacle or temple , and th● ceremonial worship thereof remained , these v●ssels were not to be put to any prophane or common use . yet had not those vessels any intrinsick and perpetual holiness , but only an outward and temporal sanctity , as vessels set apart ●or that service . but when that service was at an end , that temple forsaken , that worship , and all its dependencies , laid aside , those vessel● ceased to be holy , and became sub●ect to common use . and though while that typical worship stood , in the service of which censers were by divine appointment used , the offering of censers before the lord did hallow and exempt them from common use : yet 〈◊〉 that worship is ended , and law abrogated , in and by which censers were appointed to be used , the offering of censers now would not have that effect . for if a man should now dedicate to the lord all such vessels as were formerly used in the ●●wish worship ; what would such a dedication signifie ? must the things so dedicated be reputed holy , and exempted from all common use ? t●at were indeed a ready way to extirpate christianity , & reduce the world to iudaism : but who wo●ld not declame against that ! as in the case of the censers , so in the case of tythes , which was another part of the ceremonial law , and appurtenant to that typical state . w●ile the ceremonial law was in force , if a man made an oblation of tythe , or any other part of his estate , it was thence●orth hollowed to the lord , and might not be converted to common uses . but since christ hath abrogated the ceremonial law , b● which tythes were commanded , a dedication of t●th●s is n● more sacred now , th●n a dedication of censers now would be . when therefore the priest sayes , pag. . these censers were by god's spe●i●l order declared holy , and forbidden to be used to any ●o●mon use afterward ▪ it must be understood of 〈◊〉 time of the law , when censers wer● in use ; not of the time of the gospel , wherein they have no place . a●d when he sayes , pag. . the censers being once given to god , must remain to be his sti●● ; if he extends the particle [ still ] to the present time , he errs ●gregiously ; if he do not so extend it , he doth not obtain his end . and when he sayes , pag. . if the censers might not be alienated , muc● less should tythes ; he argues fallaciously : for it doth not follow , that because the censers might not be alienated then , tythes should not be alienated now . but as , if the censers dedicated under the law might not be alienated then , neither might tythes be alienated then : so if censers dedicated under the gospel , may be alienated now , tythes dedicated under the gospel , may in like manner be alienated now . this he cannot avoid , if he grant that censers and other vessels of the iewish worship dedicated under the gospel , may be alienated : but if he do not grant this , he ●ets open , not a wi●ket , but the broad gates to iudaism . for if it be in man's power to dedicate what he pleases to god , and the thing so dedicated must be reputed holy , and separate to a religious use , what bar is there to hinder the bringing in of all the jewish ceremonies ? in short , the hallowed censers not being alienable then ( in the time of the law ) shew that tythes might not be alienated then ( in the time of the law ) but it doth not prove that tythes might never be alienated , any more then it proves that censers might never be alienated , but must remain separated to holy uses to the world's end. though censers offered in the time of the law , when they were in use by divine appointment , were hallowed , and not alienable to common uses ; yet after that law was abrogated , and the use of censers ended , the offering of censers would not have hallowed them , but they might notwithstanding such oblation be put to common uses . and if the offering of censers then will not patronize the offering of censers now , nor their being hallowed then infer their being hallowed now ; to be sure the offering and hallowing of censers then will not justifie the offering and hallowing of tythes n●w ; nor the unlawfulness of alienating those hallowed censers then , infer it unlawful to alienate tythes now . the offering of censers then , while that worship stood to which they served , will no more authorize any to dedicate tythes now , when that priesthood is ended to which they did peculiarly belong , then it will warrant the offering of censers now , when that worship to which they served is ended . neither doth it any more follow , that because the censers then offered were hallowed , and might not then be alienated to common uses , therefore tythes now offered are hollowed , and may not now be alienated to common uses ; then it doth that if censers should be now offered they would be hallowed now also , and might not now be alienated to common uses . thus then we see his instance of the censers will not make good the donation of tythes , but that tythes , notwithstanding the dedication he talks of , may safely be alienated to common uses . and indeed , if this matter be rightly considered , it will appear the world has been grievously g●ll'd in this ●ase of dedications . for first it was hammered in●o the peoples heads , that to make dedications of moneys , lands , tythes , &c. to god and holy church , was a thing very pleasing and acceptible unto god , a means to appease and pacifie his wrath , to obtain pardon and remission of sins , and the ready way to get out of purgatory . when once the people had drunk in this perswasion , how was their ●dedicating zeal inflam'd ! what murder or other horrid cri●e was committed , the expiation whereof was not sought by a gift to holy church ( as it was then called ! ) they needed not any other spur ; and had not the statute of mortmain at length been provided as a bit to restrain and curb the immoderate heat of their misguided devotion , it may well be doubted that instead of the tenth nine parts of ten had been given to the church , so willing were men to go the nearest way to heaven , as they misapprehended this to be . it was ( saith andrew willet in his synopsis of popery , fifth general controversie , pag. . ) a common practice in time of popery , so the priests might be enriched , they cared not greatly though all the stock of their patrons and founders were undone . the statute of mortmain ( says he ) was made to restrain this . and now although those priests , by whose false insinuations and crafty allurements the most of these donations were fraudulently procured , are turned out of doors and rejected , yet another sort are come up in their rooms , who , though they pretend to be the most considerable enemies to the former in the world , yet are well content to reap what the others had thus s●wed . these men tell us , that these don●tions ( tythes , and such things as tythes are ) must remain sacred , may not be alienated to common uses . and if any one would object that they were gotten indirectly , obtained per dolum malum , by fraud and cozin , it avails not ; they make no matter of that ; no blemish in the dedication can alt●r the property , say they , who make themselves the receivers . f●ctum valet , quod fieri non debuit , said the friendly conference , pag. . in margin ; i. e. though they ought not to have been dedicated at all , yet being once dedicated , the dedication stands good . thus , reader , thou may'st see how miserably the world has been abused by their priests , who taking advantage to work upon their devotion , enticed the people to make these donatio●s , and now cry out they are irreversible , being once dedicated they cannot be altered , nor alienated to common uses . who sees not now , that by the same art they might have gotten , and with the sa●e reason have held nine parts of ten , as well as the tenth ? and well was it for the nation that a stop was put to this ecclesiastical drein , before the church-corban had swallowed up all ; out of which , it seems , there is no redemption . § . . in his next section , pag. . he charges me with exasperating the impropriators against the priests , and endeavouring to get them on my side ; which is altogether false . i am not so tender of the impropriators right ( as he suggests ) as not believing the impropriators have any right to the tythes of another man's crop ; it is notorious enough that the quakers suffer by impropriators as well as by priests ; and my argument lies against both . but he that shall read that place in my book which the priest hath quoted , pag. . may plainly see my aim is to shew , that even according to the priest's argument , the impropriators have no right to tythes . my words are , it is obvious , that if because tythes have been dedicated ( as he sayes ) to god , it is unlawful to alienate them to common uses , then it must needs be unlawful for them to hold their impropriations , because they were offered in like manner as the rest of the tythes were . but ( say i there ) let them look to themselves . whether this be flattering and cl●●ing the impropriators ( as he unhandsomly suggests ) let the reader judge . then for those lands given to abbies and other religious houses ( as they were once called ) and upon the dissolution of those houses settled on the crown , it is manifest his argument impeaches that settlement , and all the subequent tittles to those lands derived therefrom , and aims at reducing those lands into the clergyes hands again . for if , as he argues , being once dedicated they cannot be alienated to common use ; and that it is a dangerous thing to medle with any thing that hath given been to god , fr. confer . pag. . and again , as the censers being once given to god , must remain to be his still , — so we may learn it ought to be in other sacred dedications , — they must remain sacred still , right of tythes , pag. . then seeing these abbey lands were once dedicated to god as well as tythes , it follows unavoidably from his argument , that they cannot be alienated to common uses , but must remain sacred still . thus we see at once both the aim of his unsatiable eye , and the weakness of his argument , which in my former book , pag. . is detected at large , and the discovery thereof hath so ●ettled the man , that by way of revenge , and to vent his anger , he calls me poor quaker , ●lattering quaker , double-tongued and false-hearted man , with more to the same purpose ; and what i speak with reference to those who possess the abbey lands , he p●rverts and directs to the i●propriators . but he should have ●onsidered , that his criminating me , doth not at all acquit himself . for if he will infer from my reasoning , that i deny the impropriators right to tythes , which i readily enough acknowledge i do , yet what is that to his iustification , whose argument ( if true ) would strip not impropriators only , but all others also who possess abbey lands , or any other revenues once dedicated to god and holy church , as the phrase was : yet he would hide his own te●th , and smooth the matter over , as if the priests were the most resigned and submissive men imaginable to the law , and very good friends to the impropriators . for our parts ( sayes he , pag. . like the pharis●● , luk. . . ) we do not ( like the quakers ) take upon us to censure the actions of our princes and parliaments , — whatever opinions the priests hold in this matter , they do not oppose the laws , and go about to perswade any to take away the impropriators estates from them . do they not ? pray hear now what the author of the con●erence , in his vindication , pag. . sayes , i confess that henry . did alienate them ( speaking of tythes , &c. ) and so did he also establish the six bloody articles , to shew himself as ill a friend to protestants as to tythes : but is not this ( sayes he ) a wise argument , to prove that sacriledge may , de jure , be c●mmitted , because , de facto , it hath been committed ? judge now . reader , the truth of that saying of the other priest [ viz. we do not take upon us to censure the actions of our princes and parliament ] when this priest charges henry . and his parliament with downright sacriledge . he might have considered , that how ill a friend soever henry . was to protestants , he was not so ill a friend to tythes , as the priest represents him , since the first statute law extan● for the payment of tythes was made under his reign . but further , sayes the author of the right of tythes , pag. . we do not pretend conscience to save charges , as the quakers manner is . doth he know any quaker that pretends conscience to save charges ? if he does know any such , i desire he will name him . but if he knows no such , what has he told ? if he would needs raise a slander on the quakers , could he find nothing that would have look't more likely ? do not the quakers know before hand , that if they refuse to pay tythe , they incur the penalty of treble dammage , which by that time it is levied , seldom comes to less then five or six times the single value of the tythes demanded , besides imprisonment ? is this the way to save charges ? what reader could he expect to find out of bedla● so much beside his wits , as to receive a suggestion so utterly repugnant to common sense and reason , as this is ? but to proceed . § . . the priest is troubled that tythes are reputed of popis● institution , and ●ain he would clear them if he knew how . he tryes all the wayes he can , and leaves no stone unturned . his first attempt is to defame me , that my discourse might have the less acceptance : in order whereunto he tells his reader , pag. . t. e. now falls to work for the iesuits in good earnest , labouring to make out the pope's title to england , by a prescription of eight or nine hundred years . in this he is very faulty : for ( besides his having represented me all along as a meer piece of ignorance and folly , and thereby rendred me a very unfit agent to carry on the deep designs of those crafty and politick statists ) he knows full well , that i labour not to make the pope a title to england ; but to raize out all monuments of his usurped authority , that no print nor foot-step may appear of his power having been exercised here by the continuance of any custom which received either life or growth from him , as this of tythes did . and since it may be lamented , but cannot be denyed , that the papal authority hath had too long as well as too great a sway here ; whether i pray doth best become a protestant , to acknowledge freely its full time , and reject fully all its institutions ; or to mince the matter , represent the time shorter then it was , and retain some of the popish institutions , which like the wedge of gold and babylonish garment , both de●ile the camp , and deform the reformation ; popery is now so justly abhor'd by the generality of english , that it were a vain attempt to set up any thing apparently and avowedly popish . therefore the enemy of true religion invents other wayes to keep up popish institutions , and one is to date the ri●e of popery so low , as may leave room to introduce or continue some popish customs , upon a pretence that they are antec●dent to popery . but he that shall duly consider the state of the church , in and from the apostles times , will find that the mystery of iniquity , which began to work in their dayes , hath continued working ever since , and in every age successively hath brought forth more and more of its work . so that popery was not all brought forth in a day , nor in an age , but was introduced gradually . and as the true religion of christ was instituted , prosessed and practised some time before it was distinguished by the name christian. so the false religion was received also before it was denominated popish : yet this false religion was really in its n●ture popish , before it obtained to be called popish , as the true religion was really in its nature christian , before it received the name christian. he therefore that will receive whatsoever he finds practised or commended in the church before the name of popery prevailed , may be very likely to receive something which was brought forth by the working of the mystery of iniquity , and is really and truly of the nature of popery . but the priest sayes ( as he has said before , more then once ) if the saxons in k. ethelwolf's ti●e were papists , it will not follow that all their donations are void . i say so too . some of their donations were meerly civil , made by them as men and members of a civil society ; but this of tythes was the product of their religion , and of that part of it wherein they were most corrupt . so that although all their donations are not void , yet if any at all of their donations are void , there is none which with more reason should be so then this of tythes . again he sayes , suppose they were papists in some things , yet it follows not that giving tythes was a popish act ; for all the acts of papists are not popish . but i have proved that the giving of tythes was a popish act , proceeding from such motives , and attended with such circumstances as are repugnant to true protestant principles . but sayes he , pag. . the protestants have disputed as much and as well for tythes , as ever the papists did . if by protestants he means his brethren the priests , i wonder not at all at it : tythes are their diana , the oyl that nourishes their lamp , pag. . no wonder then if they dispute fo● tythes , and that much too , but how well let others judge . yet commonly the dispute ends on their parts with club-law , and in the case of tythes an imprisonment and trebble dammages are ratio ultima cleri , the clergy's last argument , and many times their first too , but alwayes the strongest , and that they most rely on . he adds , it is a popish opinion , that the bishop of rome can exempt men from paying tythes . 't is so indeed : but it is the subsequent of another popish opinion , that the bishop of rome can injoyn men to pay tythes . so that the particular exemption from tythes and the institution of tythes are de●ived from one and the same power . and if the payment of tythes had not been settled and established by the authority of the bishop of rome , the opinion of his power to exempt men from paying tythes had not prevailed as it did . but do not these popish exemptions remain still among the protestants ? those lands which the pope made tythe free , are they not tythe free still ? what signifies that i pray ? is that an argument of the divine right of tythes ? and that tythes are due by the moral eternal law ? or is it not rather a fair intimation , that tythes are indeed but of human institution , and that from the bishops of rome too ? whose exemptions are in force , and observed here , even to this day . then he sayes , i begun too low by far ; for if popery came not into the church , till about seven hundred years after christ ( according to t. e's proof ) then tythes were much ancienter then popery ; for they were paid ( sayes he ) and declared to be due to the church at least five hundred years before . in all this he is wrong . for first , i have proved popery did come into the church before seven hundred years after christ , & before any settled payment of tythes . next , he neither hath proved , nor can prove by any testimony of credit in this case , that tythes were paid and declared to be due to the christian church at least five hundred years before . he may talk of the apostles canons and clement's constitutions and be laugh't at for his pains : but no authentick evidence of those times can be produced to prove the payment of tythes . the oldest of his authors that mentions tythes is origen ; who grounded his judgment on the l●vitical law , and thought it necessary that that law should stand in force according to the letter , which could not be consistent with christianity . but although origen was a learned man , yet perkins says he was errorum plenus , full of errors ; and hierom calls his writings , ven●nata , venemous : and among the rest of his errors purgatory was one , as witnesseth the same perkins against co●●ius , probl. pag. . so that if he will fetch tythes from origen , he may take purgatory along with them , if he please . however , he shall find that some of those opinions which afterwards were most rightly denominated popish , were by the mystery of iniquity brought into the church as early as his earliest mention of tythes , let him climb as high as he can . § . . but to clear tythes from a popish institution , he sayes , pag. . that most of those doctrines which are properly called popery , and which first caused and still justifie the protestants separation from rome , were not maintained as articles of faith , 〈◊〉 no● in the church of rome it self , at the time of this donation , anno . of this he gives several instances , pag. . the first is this , the marriage of priests was not forbidden till the time of gregory the th , above two hundred years after . for this he cites polid. virgill de ver . invent . l. . c. . but how unfairly he has quoted his author , and how foully he hath abused his reader , let polydore's own words shew in the place cited , where having declared how it fared with the eastern priests in that case , he adds , at occidentalibus paulatim est connubium abrogatum . syricius enim priums ●acerdotibus et diaconis , ut ait gratianus distinctione . ●onjugio interdicit , qui circiter annum salutis humane . federe caepit : i. e. but marriage was taken from the priests in the west by degrees . for syricius , who began to sit ( in the roman chair ) about the year of man's salva●ion . was the first that forbad marriage to priests and deacons , as gratian says in his distinction . idem instituit ( says polydore ) ut quicunque aut viduam aut secundam duxisset uxorem , ab ordine sacerdotali pelleretu● ; sic per hoc voluit ut deinceps digamus ad officium facerdotis non admittertur : i. e. the same syricius ordained , that whatsoever priest had married a widow or a second wife , should be put out of his priesthood ; so by this he would not have any one that had had two wives be admitted from that time forward to the priests office . then sayes he , pelagius secundus deinde statuit , ut subdiaconi vel uxores a se separarent , vel illis contenti , sacerdotiorum possessione cederent , et cum neutrum admisissent , jussit , ut omnino uxores , abse abnegarent : i. e. afterward pelagius the second ( who sate about the year . ) appointed that sub-deacons should either put their wives from them , or contenting themselves with them should quit their benefices ; and when they would admit of neither , he commanded , that by all means they should put their wives away from them . verum id decretum ( adds he ) gregorius qui pelagio successit , iniquum censuit , — et idcirco ●anxit , ut nullus amplius fieret subdiaconus , nisi se ca●te victurum prius promississet , quo si● cunctis legem continentiae imponeret : i. e. but gregory , who succeeded pelagius ( the same who sent austin the monk over hither ) thought that decree unjust , — and therefore he made a decree , that from thenceforth none should be made a sub-deacon , until he had first promised to live chastely ; that so he might impose the law of continency upon them all . and sayes polydore , voluit , opinor , gregorius minores coercere , ut illorum exemplo majores ex syricij decreto mox sua sponte matrimonia spernerent : i. e. gregory . i think , was willing to restrain the lesser orders , that by their example the greater after a while might of their own accord despise marriage according to the decree of syricius . then a little lower he adds . ceterum non tenuit quempiam tum primum ista gregoriana lex , sicut ante calesti decretum non est servatum , quom idem gratianus auctor est , primum sacerdotibus universis indixisse caelibatum . alij id eugenio post gregorium attribuunt . preterea illud ipsum tum m●ldensi synod● tum carthaginensi est magno omnium consensu statutum , sieut in canonicis decretis distinctione . ●t . legimus . ita al●j● deinque super alijs promulgatis legibus , non ante pontificatum gregorij . qui anno salutis ● est ponti●ex creatus , conjugium adimi occidentalibus sacerdotibus potuit : i. e. but that law of gregory 's did not at first restrain any of them , as the decree of calistus before was not kept , whom the same gratian reports to be the first that injoyned single life to all priests . which others attribute to eugenius after gregory . moreover the very thing ( viz. that priests should not marry , was ordained both in the synod of meldensis and council of carthage , with the full consent of all , as we read in the cano●●cal decrees , distinction . and . thus one law being made upon the neck of another , marriage could not be taken from the western priests before the time of pope gregory the seventh . who was made pope in the year of salvation . thus ●olydore . judge now reader the honesty of this priest , who brings polydore for a witness , that the marriage of priests was not forbidden till the time of gregory the seventh , above a thousand years after christ ; whena● polydore there says expresly , the marriage of priests was forbidden by syricius about the year . and afterwards by other popes and councils , although their decrees could not so far prevail a● to take away priest , marriage wholely , until the time of gregory the seventh . but though priests marriage was not wholely taken away before gregory the seventh's time , yet evident it is , the opinion that it ought to be taken away was received , and according thereunto endeavours used to take it away many hundred years before gregory the seventh's time , or king ethelwolf● either . the marriage of priests ( says polydore ) was forbidden long before , and laws made against it , although they were not obeyed . the marriage of priests was not forbidden ( says this priest ) till the time of gregory the seventh , and brings polydore for his voucher . shameless man ! is this the way to provo tythes antienter then popery ? what credit can be given to any quotation that this man brings , who makes no conscience of speaking falsly ? but that priest , marriage was indeed forbidden long before either gregory the seventh or ethelwolf either was born , perkins against coccius plainly acknowledges ; first he says , problem pag. ● . conjugium clericorum ante ●recentos a christo annos fuit ubique sine interdicto , et sine voto continentiae perpetuo , liberum : i. e. the marriage of priests for three hundred years after christ , was everywhere free , without interdiction , and without perpetual vow of continency . then pag. . continentiae votum necessarium et perpetuum , videtur in occidentali ecclesia statutum primo , et annexum ordinibus , circa annum . a christo. ante quidem receptum suit , sed privata quorundam devotione , non publico ecclesiae judicio . tum autem primum communi decreto ( si non est fictitium decretum istud ) in occidentalibus ecclesijs interdictum dicitur co●j●gium clericorum , ut impurum , a syricio papa : i. e. the necessary and perpetual vow of continency seems to have been ordained first in the western church , and annext to orders , about the year from christ . it was indeed received before , but by the private devotion of some , not by the publick iudgment of the church . but that is the first time that by a common decree ( if that decree be not forged ) the marriage of priests is said to have been forbidden by pope syricius in the western churches , as impure . and there is the more reason to believe this decree of syricius genuine , because it is evident that this was the opinion of those times . origen above years before , said , videtur mihi quod illius solius est offerre sacrificium , qui inde●inent et perpetuae se devovit castitati : i think it belongs to him only to offer sacrifice , who hath devoted himself to uncessant & perpetual chastity , hom. . upon numb . pope syricius himself in an epistle to hymerius bishop of tarracon , says , that they who are in the flesh , that is , they who are married , cannot please god. and leo the first , in an epistle to anastatius , says , to set forth the purity of perfect continency , marriage is not allowed so much as to sub-deacons . by all which it appears , that priests marriages were denyed and forbidden in those early ages of the church , the mystery of iniquity even then working . and this being one of those doctrines which , by his own confession , are properly called popery , may serve to convince him of the corruption of those times to which he refers the rise of tythes . his next instance is of the seven sacraments , the number of which he says was not defined till peter lombard's dayes , anno ● . he quotes cassander de sacran 〈◊〉 . the book i have not , and therefore cannot examin his quotation . but if he hath dealt in this as in the former , he is not at all to be regarded . however , if it be as he says , t●at the number of the seven sacraments was not defined till peter ●ombard's dayes , yet were there so many other popish doctrines and opinions received in the church long before , as sufficiently prove those times to be popish , from which he fetches his donation of tythes . next , he says , the doctrine of transubstantiation was not received for a point of faith till the lateran council above one thousand two hundred years after christ. although transubstantiation was not by publick decree imposed as an article of faith , until the council of lateran , yet was it received and believed by many some hundreds of years before . perkins says , problem pag , . disputations began concerning transubstantiation about the year . so that transubstantiation it seems was a hatching before ethelwolf's charter for tythes was granted . and as the council of lateran , somewhat after the year . was the first that made transubstantiation an article of faith ; so the same council of lateran was the first general council that decreed ●●rochial right to tythes , as selden proves in his history of tythes , ch . . § . . and ch . . § . . towards the end . so that the general parochial payment of tythes , and the general belief of transubstantiation , were decreed and established at one and the same time , in one and the same general council . purgatory it self ( he sayes ) was but a private opinion , and affirmed only by some , anno . and indulg●●ces can be no older : yea , their application to souls in purgatory was first brought in ( he says ) by boniface the eighth . purgatory ( saith perkins , pag. . ) was first received in the church by tertullian and origen , who both lived about two hundred years after christ. that it was held by augustin also , and others of the fathers , though in somewhat a different notion from what it afterward obtained , he shews , p. , and . and concludes , pag. . ergo purgatorium , quod est inter mortem et ultimum judicium , quodq : tantum inservit expurgandis peccatis venialibus , paenis temperalibus , non ●uit receptum apud ●eteres nisi sorte post annum . i. e. therefore pu●gatory which is between death and the last iudgment , and which serves only to purge venial sins , and take away temporal punishments , was not received among the antients unless happily after the year . whence by implication is granted that after the year . ( which was two hundred and fifty years before ethelwolf's donation of tythes ) purgatory was received , even in this sense among the antients . 't is true , indulgences can be no older then purgatory , nor need they ; for that is old enough to prove those times popish wherein tythes were granted . polydore , vergil de invent. re● . l. . c. . searching the original of them , sayes , non reperio ante fuisse , quod sciam , quam d. gregorius ad suas stationes id praemij proposuerit : i. e. i do not find , so far as i know , that indulgences were before st. gregory proposed that reward to his stations : which was about the year . then using the testimony of the bishop of rochester to the same purpose , he adds , atque hoc pacto post gregorium veniarum seges paulatim crevit , cujus messem non exiguam permulti interdum colligerunt , &c. i. e. and by this means after gregories time the crop of pardons or indulgences grew up by little and little , of which very many have sometimes reapt a large harvest ; and whence it appears indulgences were in use much earlier then the priest delivers . but to proceed , the priest says , that the half communion began but a little before the council of constance , and was never decreed till then ; that the putting the apocripha into the canon of scripture , and divers other points , were never decreed till the council-of trent ; and that , if it were not to avoid prolixity , he could make it evident , that the pope's universal supremacy and infallibility , iu●●ification by the merit of good works , auricular confession , formal invocation of saints , and other corruptions of the modern papists , w●re not determined as articles of faith , no not in rome it self in ethelwolf ' s time . that many , if not most of these were believed , and publickly held in the church of rome , long before ethelwolf's time , is undoubted . concerning the ●ope's supremacy , perkins sayes , problem . pag. . primatus dominij , vel authoritationis in romano pontifice , ante . an . ignotus , publice et manifeste caepit in bonifacio anno . i. e. the primacy of dominion or authority in the pope of rome , which was not known before the year . began publickly and manifestly in boniface in the year . ( about two hundred and fifty years before ethelwolf's charter . ) and of confession he sayes , pag. . confessio aur●cularis , id est , confessio specialis omnium mortalium peccatorum , ad eorundem remissionem necessaria , et sacerdoti occulte facta , cepit in ecclesia urgeri et praecipi circa annos a christo octingentos : i. e. auricular confession , that is , particular confession of all mortal sins , held necessary for the obtaining remission of them , and which is made in private to the priest , began to be enforced & commanded in the church about eight hundred years after christ ( which was about fifty years before ethelwolf's charter . ) and of invocation of saints , he sayes , pag. . no invocation of the dead can be shewed in the church for three hundred and fifty years after christ. then p. . he says , this invocation began to be brought into the use of the catholick church about the year . by common custome and private devotion . and pag. . he affirms , that after the year . the antients did commit sin , yea , and were guilty of sacriledge in the invocation of saints ; of which he gives many instances full of gross impiety , and then adds , pag. . the invocation which in former ages was of private devotion began to be publick about the year . for then petrus gnaphaeus mingled the invocation of saints with the publick prayers of the church . for he is said to have invented this , that in every prayer the mother of god should be named , and her divine name called upon . and about the year . pope gregory the great commanded a letany , which was made for the invocation of saints , to be sung publickly . thus we see that these doctrines , which he sayes are properly called popery , were received , held , believed and publickly professed many a year before ethelwolf was born . and were it not to avoid prolixity , i could make it evident , that the greatest part of the errors , corruptions , superstitions and idolatries of the church of rome , were received , believed and openly maintained long before ethelwolf made his donation of tythes . but suppose the particulars he has instanced were not determined as articles of faith in ethelwolf's time , but without any such formal determination were received and commonly believed , are they therefore not popish ? doth popery lie only in the determination of them ? if they are errors , if they are corruptions , if they are superstitions , if they are idolatries , after they are determined as articles of faith , then surely they were such before , else the bare determination of them would not have made them such . besides , if there were truth in what he sayes , that the particulars he has mentioned had not been determined as articles of faith before ethelwolf's time , nor could have been popish without such a determination ; yet very many other instances may be given of doctrines and practices properly popish , sufficient to prove not the church of rome in general only , but the then church of england also ( which was a member of that , and for at least seven continued successions , received her metropolitan bishop out of the romish church ) to be popish , according to the definition his brother priest has given of popery , in his friendly conference , pag. . § . . but to clear those times from the imputation of popery , he undertakes to reply to the instances i had given in my former book . first , he sayes , f●r those , pag. ● . the quaker lays not much stre●● upon them , and there are some of them allowed by the best protestants , and all men that understand antiquity know those ●ecretal epistles to be forged , which first attributed these constitutions to those early popes . is not this a pretty way of replying , to say his opponent lays not much stress on them ? what may one not answer after this rate ? next he sayes , there are some of them allow'd by the best protestants : but which are they ? why did he not distinguish betwixt those he doth allow , and those he doth not allow ? the instances were , the use of holy water to drive away devils , said to be instituted by alexander the first . the consecration of chrism once a year , by fabianus . that all should stand up at the reading of the gospel , by anastatius . that wax tapers should be consecrated on the holy sabbath , by zozimus . that processions should be made on sundayes , by agapetus . some of these , he sayes , are allowed by the best protestants , but which they are he keeps to himself . lastly he sayes , all men that understand antiquity know those decretal epistles to be forged , which attribute those cons●itutions to these early popes . whether those epistles be forged or no , i will not undertake to determin ; nor need i● for i delivered not those instances upon my own authority , but gave the authors out of whom i gathered them , namely fas●ic . temp. platina and burdegalensis ; to which more might be added , if need were . but suppose what he ●ayes , that those decretal epistles are forged : yet all men that understand antiqu●ty know that the things there instanced were in use before ethelwolf's time , and therefore must needs be instituted before . so that his exception against the decretal epistles is but an idle shift : for if it should be granted that those constitutions were not made by those early popes to whom they are attributed , yet certain it is they were made by popes earlier then ethelwolf's charter for tythes ; which is enough to prove that popery had made her ●ncro●chments in the church before this dear donation and famous charter was made . thus we see his tripartit● answer comes to just nothing ; and doubtless he spake considerately when he said , pag. ●● . i will content my self to reply to the quaker's instances ; for it can hardly be supposed he could expect by this reply to content any bo●y but himself . but perhaps he look't upon those things as too immateria● to deserve his notice , and therefore co●tent●d himself to pass over them as lightly as he could ; as before he did ethelwolf's being absolve● from his vows by the pope , going on pilgrimage to rome , and making such liberal donations to uphold superstition there . but now that he comes to instances which he accounts more material , it is to be hoped he will give a more material reply . first , ●aith he , concerning deposing of kings , t. e. saith , pope zachary , took upon him to depose k. chilperick , and absolved his subjects from their allegiance . thus ( he sayes ) is a forgery invented by the champions of the pope's supremacy , but denyed by the french , who do assure 〈◊〉 , that the deposing of k. chilperick was done by pip●n himself , by the consent of the whole kingdom of france , before any notice was given to the pope about it , pag. . that the reader may be the more able to judge of the truth of this matter , i will give him the words of the authors themselves by whom it is delivered ( so many of them as i have by me , which are but a few in respect of the many by whom this passage is recounted . ) first therefore the author of fascic . temp. ( ad annum ) sayes thus of pope zacha●ias , ipse regem francorum , scilicet hylderien●● , deposuit , & in locum ejus pippinum instituit , quia utilior fuit . et hic patet potesta ecclesiae q●anta ●uerit hoc tempore qui regnum illud famosissimum transtulit de veris haeredibus ad genus ●ippini , propter legitimam cau●am . i. e. he deposed the king of france , namely hylderick , and set pippin in his place , because he was more useful . and here ( sayes he ) it appears how great the power of the church was in this time , in that he translated the most famous kingdom from the true heirs to the race of pippin , for a lawful cause . platina , though he mentions not the deposing of childerick , yet the setting up of pippin by the pope he does in these words , at pipinus regnandi cupidus , legatos suos ad pontificem mittit , eumque rogat , ut regnum franciae sibi auctoritate sua confirmet . amuit pontisex ejas postulatis , — atque it a ejus auctoritate regnum franciae pipino ad judicatur . i. e. but pipin having a desire 〈◊〉 reign sends his ambassadors to the pope● and 〈◊〉 him to confirm the kingdom of france to him by his authority . ● the pope grants his requests , and so by his authority the kingdom of france was adjudged to pipin . burdegalensis sayes of pope zachary ( chronograph . l. . ad annum . ) 〈◊〉 caepit francos juramento 〈◊〉 absolvere , i. e. this pope was the first that absolved the french from their oath of allegiance : for which he quotes aemil. lib. . and a little after , of child●rick he hath these words , childerico 〈◊〉 rege in monasteriam truso , pipinus — concilio ponti●icis a galliae proceribus rex declaratur eta s. bo●ifacio — germanorum apostolo inungitur . i. e. ch●lderick the french king being thrust into a monastery , pipin is by the counsel of the pope declared king by the nobility of france , and ancinted by st. boniface the apostle of the germans . iohn fox in his book of martyrs , vol. . pag. . ●ath it thus , by the authority of the said arch-bishop boniface , which be received from pope zaehary , childericus king of france was deposed from the right of his crown , and pipin●● the betrayer of his master was confirmed or rather intruded ●n . perkins against coccius , prob . pag. . sayes , depositio childerici francorum regis suit a proceribus et pop●lo consilium vero deponendi , papae fuit . i. e. the deposing of childerick the french king , was done by the nobles and people ; but the counsel that he should be deposed , was given by the pope . he quotes there sabellicus , blondus , and from him alcuinus , paulus and many others , all agreeing that childerick was deposed by the counsel of the pope . did all these combine to invent a forgery ? or were all these champions of the pope's supremacy ; some whereof were protestants ? the priest sayes chilperick was deposed before any notice was given to the po●e about it , and that he did only approve of the deed after it was done , pag. . but besides popish authors , fox sayes he was deposed by the popes authority : and perkins , though he makes the act of deposing to be the peoples , yet he acknowledges the pope advised them thereunto ; both which must be false , if what the priest sayes be true . but perkins proves by divers witnesses of 〈◊〉 , that the pope's counsel was first had [ zacharia roma●o pontificie prius consulto ] before childerick was deposed , or pipin made king. so that i conclude the priest wrong in saying , it was done before any notice was given to the pope about it . but 〈…〉 let the reader judge . he offers another evidence against this deposition of childerick by the pope's authority , which is part of an epistle from hinc-marus arch-bishop of rhemes to pope adrian the second , who ( he sayes ) had written to him to excommunicate the king of france . the words he gives thus , there was never any such precept before sent from rome to any of my predecessors , pag. . that might be without any injury to the former relation of childerick's being deposed by the pope . for fox sayes he was deposed by the authority of boniface arch-bishop of mentz , which he received from the pope . now this boniface had a power l●gantine from the pope , and is called by burdegalensis the apostle of the germans : so that it may very well be that the pope by this legate of his might depose the french king , and yet send no precept about it to the arch-bishop of rhemes , who were hinc-marus his pred●cessors . but however from these very words of hinc-marus it is evident , that pope adrian took upon him to excommunicate the king of france , however he succeeded in it . and from another clause in the same epistle there is great ground to suspect , that he purposed to d●p●se as well as excommunicate him , and to s●t up another in his stead : why else doth hinc-marus , in the name of the french , say there , let him not command us franks to serve him t●at we will not serve ? hence i think may well be gathered that the pope did not only require the arch-bishop of rhemes to e●communicate the french king , but also commanded the french men or franks to s●rve another ; w●ic● sufficiently shew● how much the popes even the● took upon them , ●lthough the franks would not so los● thei● king. but he says , there is as little truth in gregory the thirds deposing of leo isaurus about images , pag. . the very words of platina in the life of gregory the third , are these , hic statim ubi pontificatum iniit , cleri romani consensu , leonem tertium imperatorem constantinopolitanum imperio simul et communione ●idelium privat ; quod sanctas imagines ● sacris aedibus abrasiss●t , & statuas demolitus esset , &c. i. e. he , as soon as he was made pope , with the consent of the roman clergy , excommunicates le● the third , the emperor of constantinople , and withal deprives him of his empire , because he had rased the holy images out of the churches , and had demolished the statues . fox sayes , vol. . pag. . leo was excommunicated by gregory the third . and perkins , pag. . quotes august . stench . cont . vallam in these words , gregorius tertius excommunicavit leonem , & ab ejus imperio roman italiamque avertit , omnibus juramento ●●delitatis absolutis . i. e. g●egory the third excommunicated leo , and withdrew rome and italy from his government , setting them all free from their oath of allegiance . from these testimonies whether gregory the third , did depos● the emperor leo or not , let the reader judge . besides , this same emperor had been anathematized before by pope gregory the second , as the author of fasciculus temporum affirms , who also notes ( ad annum , . ) that about those times the popes began to set themselves against the emperors more then ordi●arily , even in temporal matters , and to transfer the empire from one nation to another , a● the time required . the next instance of popery which he carps at is , the worship of images , which he sayes , pag. . is another manifest slander , not that the saxons had no images , for that he acknowledges they had , but sayes , they had them only for ornament , memory , reverenc● and example , but not for worship , pag. . perkins shewing the gradual introduction of images , sayes , problem . pag. . they were not used otherwise then for ornament for three hundred & eighty years after christ. then pag. . about the year ▪ the historical use of them began to come up , not in private houses only , but also in the churches of the christians . but ( adds he ) as superstition increased , the worshipping of images took place , yet it was not received by learned and godly men , nor were images set forth to be worshipped openly before the year . and if ( sayes he ) the worship of images gained ground any where before these times , it was not among the learned , but the superstitious people . but after the year . the worship of images grew more ●ommon , especially among the common people , who by superstition were easily led into idolatry . and although upon the second council of ni●e's decr●eing the worship of images , a book was written contradictory thereunto , and a synod holden at frankford where in the acts of that council were condemned , yet was not that synod clear in the case of images : for it condemned the council of constantinople also held a little before under the emperor co●r●●ymus for the abolishing of images , and as ●erk●ns observes went a middle way between that and the council of nice , giving a cer●ain v●n●ration to images , which was at least superstition and popery . but ●or the church of rome it self , of which the saxon church was a member , with which it was in communion , and to which it was in subjection , if we inquire how it stood with her in those times , with respect to image-worship , fox in his martyrol . vol. . pag. , and . tells us , that not only pope gregory the second and third , with pope zacharias and constantine the first , wrought great masteries against the greek emperors , philippicus and leo and others , for the maintaining of images to be set up in churches : but also that pope paul the first , thundred out great excommunications against constantine the emperor of constantinople , for abrogating and plucking down images set up in temples ; and that stephen the third , not only maintained the filthy idolatry of images in christian temples , but also advanced their veneration , commanding them most ethuically to be increased , &c. this was about one hundred years before ethelwolf's donation of tythes : and if the church of rome , which was then the mother church to england , was so idolatrous then , what may we think she was in ethelwolf's time , one hundred years after ? and what may we suppose that king himself to be , who was so great an admirer of her , and bountiful benefactor to her ! he sayes , thirdly , i instance in miracles and intercession of saints , taxing bede with these points of popery , and the saxons of his time . to this , sayes he , pag. . i reply , that if the belief of miracles make men papists , then t. e. and his quakers are all papists ; for they believe they are immediately taught , which is a stranger and greater miracl● then any they can find in all bede's history . what a miserable shift is this ! is this reasoning ? or railing ? would any man , that had either a good cause or good parts , have shewed so much weaknes● to give a meer quibble instead of a solid reply ! in his sect. pag. . he charges me ( though very unjustly , as in its place , c. . s. . i have shewed ) with evading all serious answers by some petty cavil . judge now reader , if himself be not here guilty , of what he there charges upon me . hath he not in this very place evaded a serious answer by a petty cavil ? but this is an usual way with him , when he is hard set , and willing to avoid the matter . i alledged that long before ethelwolf was born , popery had made her encroachments in the church , among many instances whereof that i brought , one was the belief of strange kind of miracles wrought by the relicks of popish saints ; nor only so , but by th● wood of the cross , and by holy water also : this i proved by divers quotations out of the ecclesiastical history of beda the saxon. to which , after his prophane iest , he replyes , it is not unlikely but some extraordinary miracles might be wrought at the first conversion of the saxons , the more easily to convince that rugged people ; and the want of human learning in that age , might occasion the credulous reception of more then was true ; and yet we must not condemn them presently for papists , ibid. he that will take the pains to read bede's history ( particularly his third book , , , , and . chap. and his fifth book , . chap. ) may there find relation of miracles as palpably popish as any in the roman legend . and if it should be granted , that miracles were then wrought to convince that people , it must be supposed that those miracle● ( if wrought by the power of god ) were wrought to convince them of the true faith and worship of god , and to establish them in it . but the miracles mentioned in those chapter● of bede's history to which i have above refer'd , tend not to the setting up of the true worship of god , but a false worship , even the worship of the church of rome , in the veneration and adoration of relicks of popish saints , of the wood of the cross , of holy water , and of consecrated oyl , which all men know to be a part ( and a corrupt part too ) of the present romish religion . so that in these things the saxon church then appears to have been in the same condition , in which the church of rome both then was and now is . he sayes , they might be credulous and apt to be imposed upon , but that was their infirmity , and amount● but to superstition , not to popery , ibid. he forgets his brother's definition of popery , friendly confer . pag. . that it is such doctrines and superstitious practices , which by the corruption of time have prevailed in the church of rome , contrary to the true , ancient , catholick and apostolick church . so that if those things recorded by bede , to be wrought and believed by and among the saxons , were such superstitious practices , as by the corruption of time have prevailed in the church of rome , contrary to the true , ancient , catholick , and apostolick church , then they are popery , and they by and amongst whom they were so wrought , believed and received were papists ; but no protestant i hope will deny the instances above given to be superstitious practices , to have prevailed in the church of rom● through the corruption of time , and to be contrary to the true , ancient , catholick and apostolick church . besides , if ( as he sayes ) they might be credulous , and apt to be imposed upon , and so could be excused ( as he would have them ) upon the score of their infirmity ; yet who i pray were they that took the advantage of their credulity , and did impose upon them ? were they not their priests ? their clergy ? and what were they mean while ? if the people wer● credulous and easie to be beguiled and imposed upon : the priests were not less crafty and ready to impos● upon them and beguil them . but was not this the same priest-hood to which tythes were afterward● given ; who thus imposed upon the credulous people , and deluded them with lying wonders ? as for intercession of saints , he sayes , if i mean that the saxons prayed to the saints as their interc●ssors with god , i do egr●giously wrong them , pag. . about what time the opinion of the interc●ssion of saints was received in the church , and how understood , perkins in his problem of the church of rome , pag. . &c. shews , first , ( he sayes ) it was altogether unknown in the church of god for the space of two hundred years after christ. after which time origen ( he sayes ) and other fathers disputed concerning the saints intercession for us , but very diversly and doubtfully , untill the year . from that time it seems to have been a received opinion . for the ancients , he sayes , pag. . teach that the saints do interceed , not only openly by praying , but interpr●tatively also by meriting or deserving ; of which he there gives many instances , and concludes that among the an●ients , the saints are made immediate intercessors to god for us . from this belief of the saints intercession , sprang the custom of invocation or praying to saints , which perkins shews was not in the church for three hundred and fi●ty years after christ , but began to creep in about the year . and after the year . he sayes , the ancients sin●ed , and were guilty of sacriledge in praying to the saints , of which he gives many instances , some whereof shew that the saints were prayed to as intercessors to god , yea , as mediators between god and man. for paulinus in natali . . in faelicem , sayes , exora , ut precibus plenis meritisque redonet debita nostra tuis . i. e. pray ( o faelix ) that he would forgive us our sins for the sake of thy full prayers and merits . and fortunatus in vita martini lib. . thus intreats mart●n , inter me et dominum mediator ad esto benigne . i. e. be thou ( o martin ) afavourabl● mediator between the lord and me . no● was this opinion of the intercession of the saints , and consequently the custom of praying to the saints , the private belief and practice only of some , but the same perkins , pag. . tells us , that the invocation which in former ages was of private devotion , began to be publick about the year . for then , sayes he , petrus gnaph●us mixed the invocation of saint● with the publick prayers of the church , for he is said to have invented this , that in every prayer the mother of god should be named , and her divine 〈◊〉 called upon : and gregory the great ( adds he ) about the year . commanded that a letany of prayers to saints should be sung publickly : this is spoken of the church in general . now concerning the church in this nation , it is to be noted that this is that gregory who sent over austin the ●onk to plant the romish religion here , and whose successors for many years after had the ordering of the english church , and making bishops in it , and for the space of one hundred and fifty years at least , the arch-bishops of canterbury were italians or other forreigners of the popes placing . how those italian prelates , that came out of the bosom of the roman church , did form the church here , i leave to the readers judicious consideration ; adding only , to shew the devotion of the english then to the roman church , that beda in his eccles. hist. l. . c. . sayes , oswi king of northumberland was so greatly in love with the roman and apostolical institution , that had he recovered of an infirmity whereof he died , he intended himself to have gone to rome , and there to have ended his dayes , as i●a , offa , k●nredus , with other of the kings of this land afterward did in monkish orders , as ●ox reports . and that stow in his annals , pag. . speaking of the english monks unwillingness to change their manner of singing , which they had re●eived from rome , sayes , [ as they that had been ●ver used not only in this , but in other s●rvice of the church to follow the manner of the roman church . ] now inasmuch as the church of rome did pray to saints as their intercessors with god , and the then church of england was in subjection to the church of rome , and had th● roman church in so great veneration and esteem : since the same pope gregory that sent austin to set up the popish worship here , did appoint a let any of prayers to ●aints to b● sung publickly ; and since it appears by bede and others , that the opinion and belief of the saints intercession was received and held by the saxons in those times , what reason can there be to doubt of the saxons praying to saints , as their intercessors with god ? if they believed them intercessors at all , with whom could they think they interceded but with god ? and if they believed they interceded with god for them , what should hinder their praying to them as their intercessors with god ? especially seeing that church from which they received both doctrine and discipline did so . but a passage there is in bede's eccles. hist. l. . c. . from which the judgment of the saxon church , in the point of intercession and mediation of saints , may pretty well be guessed at , adamnan a scotch-abbat coming ambassadour into england about the year . visited the abbey of wire in the bishoprick of durham , of which ceolfride was then abbat . the scot it seems had the wrong cut on his crown , not after the mode of st. p●ter , but after the fashion of simon magus ; which the english abbat observed , and reproved the scot for . he excused it by the custom of his country , protesting that although he was shorn like simon magus , yet in his heart he abhorred simon 's infidelity , and desired to follow the steps of the blessed princ● of the apostles st. peter : to which the english abbat replied , that as he desired to follow st. peter's deeds or admonitions , so it became him to imitate his manner of habit , whom he desired to have for his advocate with god the father [ quem apud deum patre● habere patronum quaeris ] or , as fox renders it , whom you desire to have a mediator between god and you . on which word [ mediator ] fox in his margin , ( vol. . pag. . ) gives this note , there is but one mediator between god and man , christ iesus ; plainly shewing he understood by this sentence , the saxons made other mediators between god and man , besides christ jesus . but leaving this to the reader 's censure , i proceed . the priest sayes , pag. . there is but one thing more wherein the present church of rome is charged with idolatry , and that is in adoring the host or body of christ , ( which they say is transubstantiate ) in the sacrament ; but neither in this ( sayes he ) were the saxons guilty , for they did not believe transubstantiation , no not in k. edgar's dayes , an. ● . he said before , pag. . the doctri●e of transubstantiation was not received for a point of faith till the lateran council , above one thousand two hundred years after christ ; no wonder then if it were not believed by the saxons . but that will not ●cquit the english-s●xon church from the charge of idolatry , any more then it will the church of rome , which hath been by many sufficiently convicted of idolatry long before that ●a●eran council in the year . wherein transubstantiation was made a point of faith. and though the priest sayes , this is the only thing more wherein the present church of rome is charged with idolatry : yet doubtless he must be very forgetful , or much too favourable to the roman church . for rainolds , de romane ecclesia idolatria , against bellarmine and others of the popish patrons , doth charge the church of rome downright with idolatry , not only in the worshipping of saints , images , and the sacrament of the eu●harist ; but of relicks also , and of water , salt , oyl , and other consecrated things , which out of the papists own books he proves in the assumption of his ●rgument , l. . c. . and that the saxons followed the church of rome in these things , is too well known to be denyed . § . more instances , he sayes , he could give to prove that the saxons were like the protestants in the most fundamental matters ; but that two shall suffice at present . . of the merit of good works . . of the canon of scripture . for the first of these , he offer● some sentences out of bede and alcuin against the merit of works , which , if faithfully given , may serve to shew the judgment of those particular men , but are not sufficient to prove the general received opinion of those times , much less of the after times wherein ethelwolf lived and gave tythes ; for bed● dyed in the year . ( . years before ethelwolf's donation ) as the epitome of his ecclesiastical history shews ; and alcuin was one of bede's hearers , as burdegalensis testifies . and if the private judgment of some particular men be made the measure of the general opinion , he may thereby excuse the church of rome all along ●rom this and other unsound doctrines , since there is scarce a century wherein som● or other have not delivered themselves contrary to the common received opinions of that church . stephen gardiner himself in q. mary's dayes , discovered to dr. day bishop of winchester how he understood the doctrine of free iustification by christ , as out of the book of martyrs is noted before , yet no man i think will question whether the church was then popi●h or no , o● whether the popish doctrine of merits was not then commonly and generally received . that very pope leo the fourth , whom ethelwolf went in such devotion to see , towards whom he was so liberal , and to whom he committed his son alfred to be brought up , being ready to joyn battel with the saracens at ostia , thus prayed , o god whose right hand lifted up st. peter , that he was not dro●ned when he walked upon the waves , and delivered the apostle paul from the bottom of the sea in his third shipwrack , hear us favourably , and for the merits of them both grant , &c. plat. in vita . leon. . li. but what the common opinion was of the merit of good works among the saxons , may be collected from the tenour of the charters of their . ●eligious endowments , which as they often sprang from some flagitious wickedness , so they usually declare the intendment of the gift to be for the salvation or redemption of the donors soul , or for the remission of his and his ancestors sins , or some such-like expression as plainly imports an expiation or satisfaction for sin. and that this is not my judgment only , but that they were thus understood by men of note in former times , hear the judicio●s camden , who in his brittania , pag. . speaking of a monastery founded by q. aelfrith , saith , q. aelfrith built a monastery to expiate and make satisfaction for that most foul and hainous fact , wherewith so wickedly she had charged her soul by making away k. edward her husbands son ; as also to wash out the murthering of her former husband aethel●old , &c. and elsewhere ( pag. . ) speaking of ambresbury in wiltshire , he saith , in that place afterward alfritha k. edgar's wife , by repentance and some good deed to expiate and make satisfaction for muthering of k. edward her son in law , built a stately nunnery , &c. and fox in his acts of the church , vol . pag. . enumerating the many religious houses that were built in england in the sixth , seventh , and eighth centuries , hath these words thereupon , thus ye see what monasteries , and in what time , begun to be founded by the saxon kings , newly converted to the christian faith , within the space of two hundred years ; who , as they seemed then to have a certain zeal and devotion to godward , according to the leading and teaching that then was : so it seemeth again to me two things to be wished in these foresaid kings ; first , that they wh●ch begun to erect these monasteries — had foreseen the danger , &c. — secondly , that unto this their zeal and devotion had been joyned like knowledge and doctrine in christ's gospel , especially in the article of our free justification by the faith of jesus christ ; because of the lack whereof , as well the builders and founders thereof , as they that were professed in the same , seem both to have run the wrong way , and to have been deceived . for albeit in them there was a devotion and zeal of mind , — yet the end and cause of their deed● and buildings cannot be excused , being contrary to the rule of christ's gospel , for so much as they did these things seeking merits with god , and for remedy of their souls , and remission of their sins , as may appear testified in their own records , &c. thus he . whence its plain that he ( who undertook to write an history of the acts and monuments of the church , and may well be thought to understand something of those times as well as this priest ) concluded that although the saxons in those dayes ( whom the priest so often calls his pious ancestors , and famous tyt●e● givers ) were zealous according to the teaching that then was , yet they had not the true knowledge and doctrine of christ's gospel , especially in the point of justifi●ation , but for lack thereof were deceived , and ran the wrong way , seeking remedy of their souls , and remission of their sins , by the merits of their works . and for proof that they so did , fox there sets down the very same charter of ethelbald which this priest brings to prove the right of tythes , pag. . which charter being by fox set down , in the place fore-cited , toward the end of his second book , he there adds as followeth , by the contents hereof , sayes he , may well be understood ( as where he saith , pro amore calestis partie , proremedio animae , pro liberatione animae , et absolutione delictorum , &c. i. e. for the love of the heavenly country , for the remedy of my soul , for the delivering of my soul , and for the pardon of my sins , &c. ) how great the ignorance and blindness of these men , was , who lacking no zeal , only lacked knowledge to rule it withal : seeking their salvation not by christ only , but by their own deservings and meritorious deeds . and the same fox but two pages further , entring upon the reign of king ethelwolf , sayes , this ethelwolf ( as being himself once muzled in that order ) was alwayes good and devout to holy and religious orders , insomuch that he gave to them the tythe of all his goods and lands in west-saxony , with liberty and freedom from all servage and civil charges . whereof this charter instrument beareth testimony after this tenor proceeding , much like to t●e de●a●ion of ethelbald above mentioned . then r●citing the c●arter ( even that v●ry charter so hug'd , and so ex●ol'd by these priests ) and therein fin●ing these words [ pro remissione animarum et peccatorum nostrorum . i. e. for the deliverance of our soul● , and the remission of our sins ] he adds , hereby it may appear , how and when the churches of england began first to be indued with temporalities and lands ; also with priviledges and exemption● enlarged : moreover ( and that which specially i● to be considered and lamented ) what pernicious doct●in● was this , wherewith t●ey were led , t●us to set remission of their sins , & remedy of their souls , in this donation and such other deeds of their donation , contrary to the information of god's word , and no small derogation to the cros● of christ. thus far fox ; which i have set down the more largly that the reader may see what his judgment was of the religion of those times , wherein this donation of tythes was made ; and may himself be the better able to judge , whether i here wronged the people and clergy of those times in calling them papists . the priest's next and last instance of the saxons not being papists , is their keeping the canon of scripture entire , and rejecting the apocrypha from being of divine authority . but this ( if they did so ) will not clear them from being papists , since many of the church of rome , yea , some of the cardinals have done the like , as perkins shews , ●rob . pag. . and if it be true that he himself sayes , pag. . that the putting the apocrypha into the canon of scripture , was never decreed till the council of tren● , about a hundred and ten years ago , then before that time the church of rome it self had not the apocrypha in the canon of scripture , any more then the saxons had ; and yet i think he will not say the church of rome was not popish o● ido●atrous before the council of trent . in the close of this section he sayes , finally , if t. e. have either shame or grace , let him repent of this foul slander , which he hath as falsly as maliciously cast upon our fore-fathers the pious saxons — but if t. e. will not recant , i shall leave it to the reader to judge of his ignorance and impudence , pag. . because there is nothing in this but scurrility , and railing instead of reason , i intend no reply to it : but will take notice of another passage or two in the same page . § . first , he sayes , the saxons were more orthodox in some points then rome it self then was . a goodly commendation ! was rome it self so orthodox then in his account , that he makes her the ●tandard to measure others by ? rome it self no doubt was somewhat less corrupt then then in after ages she grew to be ; yet he that with an impartial eye shall view the state of the romish church in those times , will find her far enough from being orthodox . and if the saxon church was not in all points so depraved as rome it self then was , yet was she also too unsound in faith to be reputed orthodox . but secondly , the saxons , sayes he , differed from the present papists in all the most material articles of faith , being nearer in opinion to the prot●stant church of england . it seems then they are not one with the protestant church of england , but only nearer in opinion to it , then to the present papists . yet in pag. . he say●● , the clergy of that age were gods only publick ministers ; and pag. . he makes no doubt but they were the right ministers of god : which if they were , how comes it that they were not positively one with the protestant church of england , but only nearer to it , then to the present papists ? but wherein were they nearer to the protestant church of england then to the present papists ? not , i hope in their shaven crowns , not in their monkish life , not i● their vows of continency , not in their going on pilgrimages , not in their belief of purgatory , not in th●ir praying for the dead , not in their sacrificing for the dead , not in the worshipping of relicks , not in the praying to saints , not in saying mass , not in latine service , not in auricular confession , not in extream vnction , not in the use of chrism , not in the use of holy water to drive away devils , or of ●onsecrated oyl to allay storms and tempests . in these , i ●row , and such like things as these , they were nearer the present papists then the protestant church of england . but thirdly , he charges me with ignorance and impudence , in supposing the church so much corupted with popery then , that their very donations were not fit to stand good or be enjoyed , no not by a protestant ministry . no sure , not by a protestant ministry of all other : for since it is denominated protestant from protesting against popery , what can be more unsuitable to it , then to subsist by a donatio● which was made to uphold that which it hath protested against . by a protestant ministry he means , no doubt , a true gospel ministry , the nature and qualifications whereof if he rightly understood , he would not think that such a ministry hath a greater liberty to enjoy a popish donation then another , but a less : in as much as such a ministry ought more especially to abstain , not only from known and certain evil , but even from every appearance of evil ; and not only to avoid the works of the flesh , but to hate even the garment spotted with the flesh. so that i account the church so corrupted with popery then , that their donations of tythes are not fit to be enjoyed by any ministry at all , much less by a protestant ministry . that the church then was indeed greatly corrupted with popery , is evident by the many instances given of doctrines and practices received and held therein , which beyond all contradiction have through the corruption of time prevailed in the church of rome contrary to the true , ancient , catholick and apostolick church : nor is it likely it should be otherwise , if we consider the constitution of the church here in those times . for when austin the monk came hither from rome , and ●ound some reception here , he sent to the pope for advice and direction how to form , settle , & govern that church which he then was gathering ; and from the pope he received instructions in all particulars he desired to be informed in . from the pope he received the power he here exercised , and the pall of his arch-bishoprick , as his successors generally did . and the religion and worship which he brought with him from rome , grew by degrees to be the general religion and worship of the nation . for although the profession of christianity had been in this island long before austin came hither , yet had it been much deprest by heathenism , and the remains of it shortly after extinguished by austin and his sectators . austin being dead , his successors for a long time after were such , as the succeding popes sent over hither , fox reckons them in this order laurentius , mellitus , iustus , honorius , deusdedit ; which last being dead , oswi and egbert , kings of northumberland and canterbury , sent wighard a presbyter to rome ( with great gifts and presents of silver and golden vessels to pope vitalianus ) to be by him ordained arch-bishop ; but he delivering his message and presents to the pope died at rome before he could be consecrated ; whereupon the pope writes a letter to king oswi , commending his zeal and care , and sends him some relicks of the apostles peter & paul , & of other saints ( as he calls them ) and to the queen his wi●e the pope sent a cross with a golden nail in it : withal he acquaints the king , that so soon as he could find a man fit for the place , he would not fail to send him an arch-bishop . accordingly , after much inquiry theodorus at length was found ; but he being born at tharsus of cilicia , had his crown clipt after the eastern manner , in imitation ( as they pretended ) of st. paul , so that he was fain to wait four moneths till his hair was grown , that he might have the right cut as they accounted it ; that done he was ordained arch-bishop of canterbury by pope vitalianus , and soon after he set forward for england accompanied with adrian and other monks , about the year . this is that theodorus who fox sayes was sent into england by the pope , and with him divers other monks of italy to set up here in england l●tine service , masses , ceremonies , letanies , with such other romish ware , &c. vol. . pag. . and adrian , the chief of those monks , was sent ( as bede observes ) not only to assist theodore , but to have an eye also over him , that he introduced nothing after the greek manner into the church contrary to the truth of the faith received then from rome . not long after , in the time of this theodore , came over from rome iohn the arch-chanter or chief singer , sent hither by pope agatho , to teach them how to sing here after the same manner as they sang in st. peter's ( as they called it ) at rome : besides which , he had particular instructions from the pope , to inform himself fully of the faith of the english church , and at his return to rome to give the pope an account thereof . great care we see wa● taken by the ●opes to frame the church of england by the romish square ; and that the english-saxons did imitate the church of rome , bede shews , when he sayes , that naitan king of the picts having a desire to reform the church in his own dominion , that he might do it the more easily and with greater authority , sought the assistance of the english nation , who he knew long before had ordered their religion according to the example of the holy and apostolick church of rome ; which was then had in so great veneration with the saxons , that many of the kings of this island laid down their scepters , and went in devotion to rome , desiring to sojourn a while as pilgrims on earth , as near the holy places as they could , that they might afterward be received the more familiarly in heaven by the saints : and this sayes bede was so customary in those times , that many of the english nation , both noble and ignoble , laity and clergy , men and women seemed to strive who should get thither first . and that it was thus in ethelwolf's time , may appear by his going in great devotion ( as speed saith ) to rome , and there committing his youngest son alfred to the popes bringing up ( as fox records ) together with his liberal presents made to that church . thus ●eest thou reader how devout the saxons were to the church of rome , and how solicitous and careful that their own church might follow its example . if thou wouldst further know what the church of rome then was , which was cried up for the mother church she was full of superstition , idolatry , blasphemy ; she was a worshipper of images , of saints , and of r●licks ; she prayed to saints as intercessors and mediators between god and man ; she prayed and sacrificed for the dead ; she held the doctrines of purgatory , indulgences , merits , ear-confession , pilgrimages , and single life of priests . to mention all her corruptions and superstitions were to write a volumn . then for the popes themselve● , fit heads enough they were for such a body . their own writers are not able to cover the infamy of their lives . the author of fascicul . temp. confesses constantine the second ( whom he makes to have sate , anno. . ) to have been the fifth infamous pope , and pope ione he reckons for the sixth , who , so far as i can gather , possest the roman chair within a year or two after ethelwolf was there , to the irreparable infamy of the roman church . and for the other popes who sate in the latter end of that century in which pope ione f●ll , and in the beginning of the next , nothing but what is scandalous can be said of them , as fascic . temp. confesses . if we seek a character of those times , not only fox in his acts of the church , dividing the time from ch●ist's incarnation into divers periods or ages , reckons the third period of time from about . to about the year . ( whic● comprehends most of the saxons reign , and the earliest tythe donation ) the declining time of the church and of true religion . but even platina in vitae steph. . ( well nigh a hundred years before ethelwolf's donation ) laments the wickedness of the times , in these words , nunc vero adeo refrixit pietas et religio , non dico nudis pedibus , &c. i. e. but now devotion and religion is grown so cold , that men can s●arce find in their hearts to pray , i do not say bare-footed , but even with their hose and shoes on . they do not now weep as they go , or while they are sacrificing , as did the holy fathers of old , but they laugh , and that impudently . i speak even of those of the purple robe ; they do not sing the hymns , for that they account servile ; but they entertain one another with jests and stories to stir up laughter . in a word , the more prone any one is to jesting and wantonness , the greater praise he hath in such corrupt manners . this clergy of ours dreads and shuns the company of severe and grave men. why so ? because they had rather live in so great licentiousness , then be subject to one that counsels or governs well ; and by that means the christian religion grows every day worse and worse . thus platina of the times before ethelwolf . and of the times a little after , another popish writer cries out , l●eu , heu , heu , domine deus , &c. i. e. alas , alas , alas ! o lord god , how is the gold darkned , how is the best colour changed ! what scandals do we read to have happened about these times even in the holy apostolick seat ! — what ●ontentions , emulations , sects , envyings , ambitions , instrusions , persecution● ! o worst of times ! in which holiness fails , and truth is cut of from the sons off men , ●ascic . temp. ad an . . thus hast tho● reader , a short view off those times , those popes , those churches : by which thou mayst perceive both the degeneration and apostacy of the roman church from the simplicity and ●urity of the gospel ; as also the dependence of the saxon church upon the church of rome , its continual recourse and application to her , as to its . mother and nurse , from whose breasts it sucked that corrupt milk , which filled it with putrefaction and unsoundness ever after . and very little ( if any whit at all ) did the saxon church differ from the church of rome , but as superstitions and idolatries encreased in the church of rome , so they were brought over hither and received here , as fast as the distance of place would well permit . judge then whether the saxon church be not rightly called popish , whether ethelwolf , who gave tythes was not a papist , whether the clergy to which he gave them was not popish , whether the religion which tythes were given to uphold was not the popish religion , and whether it becomes a protestant ministry , who are so denominated from protesting against popery , to receive and exact that maintenance which was given by a popish prince to popish priests to uphold popery . § . . in his next section the priest urges tha● tythes were not popish , because received by some of the martyrs , pag. . t●is being offered by the former priest , i had answered in my former book , and therein shewed by plain demonstration the emptiness of that argument , which because this priest has but superficially toucht , and not endeavoured by any found reason to refute , i think meet to transcribe hither . that these were godly men , and worthy martyrs i grant : yet will not their receiving tythes make them either lawful , or less popish , in the institution . the lot of those good men fell in the very spring and dawning ( as it were ) of the day of reformation , and it was their happiness and honour that they were faithful ( even to the death ) to those discoveries of truth which they received . but all truths were not discovered at once , nor all vntruths neither . but it being a day of the infancy of reformation , it pleased god in his infinite wisdom and tenderness , to rend the vail as it were by little and little , and so discover things gradually unto them , that they might go cheerfully on in their testimony , and not come under tho●● discouragements , which the sight of so many difficulties at once , might not improbably have brought upon them . nor will this seem strange to any who shall seriously consider , that many of the blessed martyrs , who sealed their testimony with their blood , and entred cheerfully the fiery chariot , had not so full and clear a sight of all the superstitions and abominations , which in the dark night of ignorance had crept into the church of rome , as it hath pleased god since to give . yet they being faithful to the lord in what they did see , were accepted by him , and through death received a crown of life . neither is it a fair way of reasoning , because some who lived but at the day-break ( as it were ) of reformation , did not , at that early hour , discover the whole mystery of iniquity ( although they did a great part ) or bore testimony against every particular evil in the church of rome ( although they did against a great many ) thence to argue , that the mystery of iniquity extended no further then was discovered unto them , or that there was no other evil in the church of rome , but what they testified against , especially since we find divers things which they took little or no notice of , plainly condemned , and zealously witnessed against by others , who are acknowledged to have been in their respective times , confessors of and true witnesses for god against the corruptions and superstitions of the romish church , as well as they ; so that what my opponent saith in another case ( pag . ) you must not interpret one scripture to overthrow other plain scriptures : the same say i in this , he ought not to instance these men● receiving tythes to overthrow or contradict the plain testimonies of other faithful servants of god , who denyed them , but rather as in the beginning of christianity , the apostles did not all alike oppose the ceremonies of the law , but circumcision and other rites were born with , and for some time used by some of them , which in process of time were utterly rejected and denyed by all , which yet neither ought to have been , nor was made use of by the rest of the apostles or churches , as an argument for the lawfulness and continuation of circumcision , or any other of the iewish rite● : so in the testimonies of those holy martyrs and confessors of jesus , what was denyed by some , and witnessed against as popish , superstitious and wicked , ought not to be received , and defended now as not popish or superstitious ( at least by such as pretend to reverence their testimonies ) because the same things were not denyed by all ; for god is not limitable to numbers of witnesses , but he raised up one to bear testimony against one corruption , another against another superstition ; some stormed one part of babylon , some another , but did not make their batteries all in one place . now that tythes were denyed by m●●y of those godly men , fox's martyrology assures us in the instances of thorp , swinderby , brute , wickliffe , &c. some of whom complained of the abuse of tythes , in that they were then fixt and settled as a payment , whenas but a little before they were a voluntary free gift , disposable at the will and pleasure of the giver : others utterly denying and rejecting them , as no way lawful at all . nay , thorp saith expre●●y , that those priests that do take tythes , deny christ to be come in the flesh , urging it as the opinion of one of the doctors , and as he thinks of ierome . and br●te saith , not only that no man is bound to pay tythes in gospel-time● , but that it is manifest and plain , that neither by the law of moses nor by christ's law , christian people are bound to pay tythes , but by the traditions of men . hence what opinion these good men had of tythes , the reader may judge . but for any now to urge , in defence and justification of tythes , that cranmer , hooper , ridley , and other godly martyrs received them , what else is this , but to oppose the martyrs one to another , and render them as clashing and warring amongst themselves , yea , and to endeavour , by the practices of some , to invalidate and make the testimony of others utterly void and of no force , which i am sure does ill become any protestant to do ; and indeed i think none , that were truly such , would ever have attempted it . this was my answer to the former priest , which this latter priest hath not by any solid arguments attempted to re●ute , but catching here and there at a word , he quibbles on it to shew his wit and levity , and besides that doth little else but revile me , and vilifie them whose testimonies i ●sed against tythes . first he ca●●s at those words [ all truths were not discovered at once , nor all v●truths neither . ] upon this he sayes , pag. . it is strange the quaker should say so , who before declared himself to be for unmediate teaching , and who , pag. . assirms , the very babes in christ knew all things . in the first part of this quirk , he only playes upon the word [ immediate ] which ( being opposed to mediate teaching , as mediate signifies means and helps ) is understood of the inward ●●aching or speaking of the holy spirit in the heart of man , without the help or use of outward means : and so is called immediate in respect of manner , not in respect of time . but he , that he might seem to say something , applyes the word [ immediate ] to time , making immediate teaching to sound , not a teaching without means and outward helps , but a teaching in an instant , or on a suddain . but if he please to be less disingenuous , and remove his own mistake , he will find no incongruity in my words . in the other part , he does not so much carp at me , as cavil at the apostle iohn , whose the words are , ioh. . , . but if in the fore-going passage he dealt not fairly with me ; in the following he deals most foully : for he affirms that i say , pag. . if the saints have not the spirit in them , so as to teach them all things , they have not the spirit at all . these are not my words ( as he that will consult the place , may see ) but an inference of his own , made on purpose to abust me . and the other priest ( in his vindication , pag. . ) though he nibbles at the same passage , yet neither doth he quote it as this priest doth , nor charge me with affirming , that if the saints have not the spirit in them , so as to teach them all things , they have not the spirit at all : but sayes , the quaker seems to fancy , that if the spirit be not with believers in this immediate manner , his is not with them at all . observe now reader , how i am dealt with between these two priests . one of them sayes positively , that i affirm : the other sayes , the quaker seems to fancy . the one sayes i affirm , if the saints have not the spirit in them , so as to teach them all things , they have not the spirit at all . the othe● sayes , the quaker seems to fancy , that if the spirit ●e not with believers in this immediate manner , he is not with them at all . and yet these priests both one and t'other pretend to repeat the self-same s●ntence out of my book , and that in my own words . is this fai● dealing ? yet upon this and his former mistake of immediate teaching , he sayes , pag. . all that t. e. allows for saints , got their knowledge in an instant , as the apostles did . this also i reject for a slander : nor do i believe that the apostles got their knowledge , as he says , in an instant . but that they grew in grace ( by the grace ) in the knowledge of our lord and saviour iesus christ , as the apostle peter exhorted the saints , pet. . . and as paul did the colossians , chap. . ver . . but from these false premises he draws this lame conclusion , either therefore he must deny these holy men were taught immediately ( and then by his rule they could have no knowledge in divine things ) or else he must confess truths were not revealed to them by degrees . but there is no necessity for this . for i will suppose those holy men were taught immediately in respect of the manner of teaching , not in respect of time . they might be taught by the spirit of god in their own hearts , without the help of outward means , and yet those truths which they were thus taught might be revealed to them by degrees . the wind that bloweth where it li●teth , bloweth also when it lifteth : and ●e that turns the key of david , opens and shuts at his own pleasure . upon my saying , those good men & godly martyrs lived at the very dawning of the day of reformation , he thus sports himself . very ple●sant ! sayes he , let 〈◊〉 then ask the quaker what hour of the morning it was when his other martyrs ( as he falsly calls them ) thorp , swinderby , brute and wickliffe lived ? if it was but day-break in cranmer's time , it was dark as mid-night in wickliffe's ; if cranmer and bradford had but little light , wickliffe and thorp had none at all ; and therefore unless they had cats eyes they could not see then , pag. . surely his flouting humour was up when he writ this , and he was resolved to indulge his genius , whom soever he spatter'd . but letting his unhandsome expression pass , which is obvious enough to every reader that has not cats eyes , i reply to his question that what ever hour thorp , swinderby , brute and wic●li●●e lived in , or how dark soever it then was , they had light enough given them to discover that tythes were but an human institution , & ought not to be paid . and though they lived before cranmer , in times of greater darkness , and not see so many of the corruptions of the church of rome as cranmer and his associates did , yet they saw some , and what they did see was as really a corruption , and their testimonies against it ought as ●ell to be received , as the testimonies of those other martyr● , against other corruptions afterwards . nor ought those earlier testimonies to be weakned ( much ●ess rejected ) by the example or practice of later martyrs , since both the former and later are , by the same historian , recorded to be good and godly men , stout champians and valiant souldiers for the truth of jesus christ , all bearing testimony against the corruptions and superstitions of the church of rome , though not all against the self-same particular corruption . for wickliffe inveighed against the pride , pomp , luxury and temporal possessions of the clergy ; brute denyed all swearing ; and thorp denyed to swear upon the bible ; the evil of which was not seen by many of the martyrs that came after . and even among those of greatest note , and eminency in point of learning , who were not only contemporaries , but co-sufferers ( as i may say ) with respect both to cause and time , there was not in all things an equal discovery , and sight of corruptions and romish superstitions . for ●ooper being elected bishop of glouster , in king edward the sixth dayes , when cranmer himself was arch-bishop of canterbury , refused to be consecrated in the episcopal vestiments or habit , and to take the oath used in the consecration of bishops , both which he complained were against his conscience , and therefore petitioned the king either to discharge him of his bishoprick , or to dispence with him in those things which were offensive and burdensom to his conscience . and although he thereupon obtained letters from the king and the earl of warwick to the arch-bishop in his behalf , yet so little did cranmer an● the other bishops discern the superstition and evil of those things , that as fox observes , they stood earnestly in defence of the a●oresaid ceremonies , saying , it was but a small matter ; that the fault was in the abuse of the things , not in the things themselves ; that he ought not to be so stubborn in so light a matter ; and that his wilfulness therein was not to be suffered . nor would they yield to his consecration but upon condition , that sometimes he should in his sermon shew himself apparrelled as the other bishops were , which fox in plain terms calls a popish attire , and sayes , that notwithstanding that godly reformation of religion that began in the church of england , besides other ceremonies more ambitious then profitable , or tending to edification , they used to wear such garments and apparel as the popish bishops were wont to do , which ( he sayes ) tended more to ●●perstition then otherwise ; and ( sayes he ) when hooper was appointed to preach before the king , he came forth as a new playe● in a strange apparel on the stage , having for his upper garment a long scarlet chymere down to the feet , and under that a white linnen rochet that covered all his shoulders ; upon his head he had a geometrial , that is , a foursquared cap , albeit that his head was round . what cause of shame ( says fox ) the strangeness hereof was that day to that good preacher , every man may easily judge , martyr . vol. . pag. . thus seest thou reader that what hooper conscientiously scrupled and refused , as an offence and burden to his conscience , and what fox who wrote the story affirms to be popish and superstitious , cranmer and other of his associate bishops saw no evil in ; which i mention not with any design to detract the same of those worthy men , ( whose honour and true excellency stood not so much in knowing much ( though much they knew ) as in being faithful to what they knew ) nor to intimate any discordance among them ( who i make no doubt agreed full well in a good resolution to oppose all popish errors , so far as they had a clear discerning of them ; which apology , to men of candor needless , i am in some sort constrained here to make , to obviate , and if it may be to prevent the unjust cavillations of my very disingenuous and captious adversaries . ) but i therefore instance this case of bishop hooper , to manifest , that amongst such as to be sure were no renegadoes , but real martyrs , all the superstitions and corruptions of the roman church were not equally discovered to all ; but that s●me saw that to be popish , and rejected it , which others , not seeing to be so , continued in : but their continuing in it makes not the thing it self less evil , or the testimony of others who have seen and decry'd it , less considerable with those who look through the eye of reason , not of interest ; the like is to be said in the case of tythes . if some of the martyrs did not see tythes to be of popish institution , and therefore did continue the use of them ; that practice of theirs doth no more prove that tythes are not of popish institution , then their using and wearing the pontificial garments , doth prove those garments were not of popish institution , which bishop hooper denyed as popish . § . . the author of the friendly conference , in his vindication , pag. . says , the quaker should have told us what those many things are , which were allowed by them ( cranmer , ridley , latimer , &c. ) and since plainly condemned by others . i con●ess i did not think it needful , in a thing so obvious , to have instanced particular● ; but since it seems he expected it , he may take if he please the fore-mentioned for some . but withal i would have him know i take notice how unfairly he deals with me , altering my words that he may make an occasion to abuse me . for whereas i said , pag. . we 〈◊〉 divers things which they took little or no notice of , plainly condemned , and zealously witnessed against by others : he pretending to repeat my words , sayes , the quaker should have told us what those many things are , which are allowed by them , and since plainly condemned by others . where besides the manifest alteration of my words , he thrust in the word [ since ] only that he might have a stone to throw at me ; for thereupon he sayes , i suppose by these [ others ] 〈◊〉 means such as himself , or such factious and schis●atick spirits . whe●eas my words in the place fore-cited do evidently refer to former times : for after i had said , we find divers things which they took little or no notice of , plainly condemned , and zealously witnessed against by others , i immediately added , who are acknowledged to have been in their respective times , confessors of and true witnesses for god against the corruptions and superstitions of the romish church , as well as they , how is it possible this man could thus have abused me , if he had not designedly set himself to it . yet this is the man that in his epistle complains of my dishonesty in mis-stating his book . but he will not allow wickliff , swinderby , brute and thorp the name of martyrs , but sayes , pag. . of his vindication , never a man of these was a martyr . but why ? because a martyr is one that seals his testimony of the truth with his blood ; and wickliffe not being burned till forty one years after his death , what blood i pray ( sayes he ) was lef● in wickliffe's bones , after they had been buried forty one years ? the others he also denyes to have been martyrs , because ( as he sayes ) their ends were un●ertain , pag. . the word martyr properly signifies a witness , and is applicable to them who make confession of the truth , and bear witness to it , but more especially ( and per ex●ellentia● ) to them that suffer for the truth . and though it is commonly understood of them that suffer unto death , yet inasmuch as many sufferings which extend not unto death , are as grievous and cru●l as death it self , i see no reason why such as faithfully and constantly undergo such sufferings , not baulking their testimony for fear of death , should be deprived of their palms , and excluded from the catologue of martyrs , who it may be were as fully resigned to death , and could as willingly and cheatfully have undergone it ( if it had been inflicted ) as they did those other hardships they endured , or as others , who actually suffered death . however , since no man ought to execute himself , they who boldy co●fest the truth , and faithfully bore witness to it , pat●iently suffering whatsoever was laid upon them for the sake thereof ; whether he will allow them to be called martyrs or not , their testimony , i hope , ought not to be rejected nor themselves despised , reproached and villified , as we shall see anon they are . as for wickliffe , fox calls him a valiant champion ; and though he died quietly at lutterworth in leicestershire , yet great and grievous troubles underwent he , as fox in his sto●y repo●ts , and as 〈◊〉 in his brittania intimates , pag. . swinderby the priest denyes to be a martyr , because fox sayes , whether he dyed in prison , or whether he escaped their hands , or was burned , there is no certain relation made . but he conceals , that fox in the same place adds ▪ that a law being made , in the begin●ing of the reign of hen. . against the favourers of wick●iffe , under the name of lollards , certain priest was thereupon burnt in smithfield , who by divers conjectures appears to him to be this swinderby , martyrol . pag. ● . who was before condemned by the bishop of hereford , pag. . brute is by the priest denyed to be a martyr , because fox sayes , what ●nd he had i find not registred . but fox shews that although at that time when he appeared before the bishop of hereford it is likely he escaped , yet a year or two after by the instigation of the bishops , the king issued forth his commission with great sharpness and severity against the said brute and his abbettors , which argues that the said walter brute did persist in his testimony against the church of rome . thorp he will not admit be to a martyr , because fox sayes , his end was uncertain : but fox leaves not the matter so . fo● he sayes , by all conjectures it is to be thought , that the arch-bishop tho. arundel being so hard an adversary against those men , would not let him go . much less is it to be supposed , that he would ever retract his sentence and opinion , which he so valiantly maintained before the bishop ; neither doth it seem that he had any such recanting spirit . again , neither is it found that he was burned : wherefore ( sayes fox ) it remaineth most like to be true , that he being committed to some strait prison ( according as the arch-bishop in his examination before did threaten him ) there ( as thorp confesseth himself ) was so straitly kept , that either he was secretly made away , or else there he dyed by sickness ; as he instances in iohn ashton another of wickliff's followers , who was so served , martyrol . pag. . now though the manner of these mens deaths cannot be certainly known , yet certain it is that they were devou● and godly men , and zealous against the romish errors so far as they discerned them . and if we may take his character of them , who writ their sto●y , he calls swinderby a worthy priest , and true servant of christ , martyrol . pag. . of brute he sayes , that in the tractation of his discourse may appear the mighty operation of god's spirit in him , his ripe knowledge , modest simplicity , his valiant constancy , his learned tractations , and manifold conflicts sustained against god's enemies , pag. . thorp he calls a good man and bl●ssed servant of god , pag. . a warriour valiant under the triumphant banner of christ , pag. . and tells his reader , he shall behold in this man the marvelous force and strength of the lord's might , spirit and grace , working and fighting in his souldiers , and also speaking in their mouthes , according to the word of his promise , luk. . ibid. in all which , either fox was much mistaken in the men , or this priest in his right of tythes has most exceedingly injured them : for he renders them apostates , calls them renegadoes , scoff● at their knowledge , and sayes , cranmer , hooper , ridley , &c. are much disgraced by the parallel , pag. , . surely if the men ( the times wherein they lived considered ) were guilty of some weaknesses or infirmities , it had much better become this pretended protestant , to have mentioned them at least with common civility , had it been but for the cause sak● in which they were engaged , then thus to fall on them in reviling language , and defame them for apostates and renegado's . in which he seems rather to exceed then imitate the foolish out-rage of the papists against wickliffe : for they burnt the bones of wickliffe only forty one years after he was dead ; but this priest seeks to distain and blemish the name , the memory , and the testimonies of these four men together , which have flourished well nigh three hundred years : and so angry is he at them , that i speed the worse at his hands for having mentioned them . for forgetting in his heat that he said at the beginning he would not meddle with scurrility , he here falls downright upon me , and sayes , i am a manifest lyer in giving such renegadoes the name of martyrs ; which language as it credits not him that gave it ( without any provocation that i know of from me ) so it hurts not me to whom it is given ; nor would i have taken notice of it at all , but to manifest the temper of my adversary , and the liberty of nameless writers . but he fathers one part of his calumny upon fox , and sayes , most of these opposers of tythes recanted openly , and proved apostates , as mr. fox himself confesseth . but in this he does fox wrong : for , first , he no where calls them apostates , nor is it likely he thought them so by the character he gave of them . neither secondly , doth he confess that most of them recanted openly ; for of wickliffe and thorp he mentions no such thing at all . and what he speaks of swinderby , it wa● not so properly ( if well considered ) a recantation of what he held , as a denyal of articles laid to his charge in such terms as he did not hold them ; which afterward himself explained and maintained . as for brute , fox doth not tax him with retracting any thing at all ; but only shews that he submitted himself principally to the gospel of iesus christ ; and to the determination of holy kirk , and to the general council● of holy kirk ; and to the sentence and determination of the four do●tors of holy writ , that is , augustine , ambrose , icrom and gregory , and to the correct●on of the bishop of hereford , pag. . and surely the character which fox gives of brute , and of the mighty operation of god's spirit in him , doth not imply he thought brute either an apostate , or renegado . but suppose it had been so , as he opprobriously objects , that most of these opposers of tythes had recanted their opinions ; yet if afterwards they returned and stood to their testimony , must it not be received ? if they had fallen by infirmity , might they not rise again by repentance ? and must their after testimony be rejected because of a former slip ? i could nam● him the man ( if i judg'd it necessary ) who for his testimony against th● church of rome endured divers years imprisonment , sustained many a sharp conflict , and bore the brunt of many an hard ●attel against the popish bishops , yea , stood his ground against them , even to sentence & degradation , and after all this , was drawn , either by threats or flattery , to sign a recantation , to the great di●●onour of his cause , and wounding of his conscience : yet this man shortly after retracted that recantation , resumed his testimony against the church of rome , and died a famous martyr , doing himself an exemplary piece of justice upon that hand with which he had subscribed the recantation . but notwithstanding this man's slip , his testimony for god against the idolatries and corruptions of the roma● church , are justly had in very great esteem . but to proceed . the priest sayes , right of tythes , pag . as for the knowledge of t. e's martyrs , we may guess at the size th●reof by that senseless saying of one of them , viz. that one of the ancient doctors , s. jerom ( he thought ) did affirm , that those priests who take tythes , deny christ to be come in the flesh. this which was spoken by william thorp ( whom fox calls a good man and blessed servant of god , yea a valiant warriour under the triumphant banner of christ ) the priest calls a senseless saying , an idle thing , and in derision scossingly sayes , we may guess at the size of their knowledge by this . but does this become him ? is t●i● at all like a protestant ? what could harpsfield , harding , or any other of the popish champions have said more contemptuously ? but he not only denyes this sentence to be hierom's , but that any ancient doctor did ever say so idle ● thing . in which he deals worse with thorp then did arundel the popish arch-bishop , to whom thorp urged it ( and under whom he suffered ) for the arch-bishop did not deny his quotation , but blam'd him for picking such sharp sentences out of the scriptures , and out of the doctors against the priests , which was an implicit acknowledgment of the truth of his allegation . thus , reader , thou seest the contempt these priests have of any that speak against their corrupt interest , as these good men ( for martyrs , it seems , we must not call them ) plainly did : and yet the author of the conference , in his vindication , pag. , . makes as if they held no other opinion of tythes , then i represent him to h●ld . in all which he wrongs both them and me , and tells his reader a great untruth . for neither did they hold tythes to be due in that notion of a temporal right in which he claims them , nor did i represent him to hold that tythes ar● pure and meer alms , as they affirmed them to be . wickliffe , he confesses denyed the ius divinu● , or divine right of tythes . 't is true indeed he did so , and the human right too in that sense wherein this priest claims them , and therefore is a very proper witness against him . for wickliffe held tythes to be pure alms , disposable at the will and pleasure of the giver . but this priest calls tythes his free-hold , and sayes , he looks upo● him●●lf to be no more obliged to the people for the payment of them , then a landlord is to his tenant for the payment of his rent , conference , pag. . ( to the same purpose also 〈◊〉 speaks in his vindication , pag. . ) which is somewhat different , i wis , from meer alms. and how contemptibly soever these priests think of iohn wickliffe , it appears that the university of oxford in their publick testimonial , gave high commendation of him , not only as a man of profound learning , but as a stout and valiant champion of the faith , martyrol . pag. . and that iohn hus the bohemian , by publick disputation in the university of prague , did maintain and defend the articles of wickliffe , and particularly , that tythes were pure alms , and might be taken from the clergy , pag. . and though wickliffe it s●ems be not thought worthy the name of a martyr , yet hus , i hope , i may adventure to stile one , without the danger of being called again a manifest lyer , since hus was actually burnt at constance , by sentence of the same council which commanded the burning of wickliffe's bones , and for maintaining wickliff●'s articles . neither did swinderby , brit● , or thorp hold tythes in that notion of temporal right that these priests do . for swinderby held tythes to be meer alms , which might lawfully be taken from the priest. and in his seventh article he sayes , no priest ought by bargaining and covenant to sell his ghostly travel ( that is , his spiritual service or ministry ) of which among many particulars he names prayers , baptism , confirming , marrying , &c. martyrol . pag. . which hus also maintained , saying , it is no argument , that if the curate do perform his corporal ministry , that he ought therefore to challenge tythes by a civil title , because that as well on the behalf of him which giveth the tythes , as also in the behalf of the curate , every such ministry ought freely to be given , and not by any civil exchange , pag. . brute also not only denyed the divine right of tythes , which he judiciously and plainly disproves , shewing that tyt●●s under the law were ceremonial , and therefore ended by christ , and not being afterwards commanded by christ or his apostles , christian people are not bound to p●y tythes either by the law of moses or of christ , pag. , . but accounted tythes meer alms , as it seems by the articles exhibited against him , pag. . although he sayes , by the tradition of men they are bound to pay them , pag. . yet by the word traditio● , that seems rather meant de facto then dejure . as for thorp , he denyed not only the divine right of tythes , but the temporal right also that these priests plead for ; for he shews that the parishioners have power to detain their tythes , the parishioners ( sayes he ) that pay their temporal goods ( be they tythes or offerings ) to priests that do not their office among them justly , are partners of every sin of those priests , because that they sustain those priests fully in their sin , by their temporal goods , pag. . and being rebuked by the arch-bishop for expugning the freedom of holy church , he said , sr. why call ye the taking of tythes , and of such other duties that priests challenge now ( wrongfully ) the freedom of holy church : since neither christ nor his apostles challenged nor took such duties . therefore these takings of priests now are not called justly the freedom of holy church , but all such giving and taking ought to be called and holde● the slanderous covetousness of men of the holy church , pag. . thus hast thou , reader , in part , the opinions of these men concerning tythes , which it may be the priest will call senseless sayings , as he did before . however , it is manifest by these sayings , that his was not a true saying , when he said , those men were no more against tythes then i represent the priest himself to be . chap. v. having shewed that tythes were of popish institution , and as such denyed by many good men ( not unworthy the name of martyrs ) whom god raised up in former ages to bear witness against the corruptions of the church of rome , and who for such their witness-bearing did suffer unde● that church ; i come in the next place to consider what t●ese two priests have further offered concerning a temporal right to tythes . § . . the author of the right of tythes , to shew on what ground our kings and parliaments proceeded in estating tythes on the clergy , sets down ( pag. ● ● . ) a rule or axiome of k. edward the confessor , viz. that it is the duty of a king to preserve , ch●rish , maintain and govern the churches of thei● dominions , according to the constitutions of their fathers and predecessors . if this was the rule by which our kings and parliaments in the reformation have settled tythes upon the clergy ; then are tythes no clearer from popery in their settlement , then in their institution : for if edw. . settled tythes according to the constitutions of his father h●n . . and if hen. . settled tythes according to the constitutions of his father hen. . and so back ; then seeing it is certain that hen. . and his predecessors were professed papists , and devoted to the church of rome , and consequently that the constitutions for the maintenance of the church made by or under them were fully and absolutely popish , it will follow that the settlement of tythes , by which the priests now claim a temporal right to them , was made according to popish constitutions , which i think is not for the credit of their claim . but he sayes , if i would fairly have disproved this temporal right , i should have shewed there were no human laws to estate tythes on the church , nor no remedies in the courts of iustice against any that detained them , &c. pag. . that 's his mistake . if i had argued against fact ▪ the way he proposes had not been improper : but arguing against his pretended right , i conceive i took the right method , and am well content to submit it to the sensure of every judicious and impartial reader , that they have remedies in courts against such as do not give them tythes , and that they are not backward to use those remedies to the utmost degree of severity and rigour , is a known and certain truth , confirm'd by the ruin of many an industrious family , and sealed with the innocent blood of many a conscientious man , who has dyed a prisoner at their suit for tythes . but i hope he will not argue from fact to right , and infer that it ought to be so , because it is so . the popish priests ( as i shew'd him in my former book , pag. . ) had law on their sides o●ce , in this nation , as well as he , and have it still elsewhere ; and others of another name , within our own remembrance , had law on their sides and the same law too ( and were forward enough to use it ) by which the present priests recover tythes . had these therefore , will he say , a right to tythes ? if he affirms it , he knows what follows : if he denyes it , the consequence is plain , that l●w and right 〈◊〉 not inseparable . he sayes , to contrive by sophistry and probabilities to shew a thing cannot be , which we see with our eyes , is to nibble , not dispute . i did not go about to shew that what he sees with his eyes cannot be ; but i endeavour'd fairly and without sophistry to prove , that what he sees with his eyes ( in this case ) should not be : not that it cannot be ; but that it connot rightly and justly be . and upon the priest's comparing his right with the parishioners , and making them to stand upon the same bottom , i argued for four or five pages together , shewing the ground of their claims to be different , the one temporal , the other spiritual ; and plainly proving , that a temporal settlement of tythes is not sufficient to give the priests a right thereto , because tythes ar● claimed upon considerations that are not temporal , but spiritual ; see truth prevailing , pag. , , , , . to all which , the author of the friendly conference in his vindication , repeating these words of mine , that i claim my estate in a natural and civil capacity , without relation to a ministerial function , returns this reply , pag. . this will pass for an argument , when he can prove that the ministers of the gospel ought to be reputed outlaws , and what is set apart for such ought to be exposed to the rapine of every sacriligious ruffian . and if humane laws be a good plea for other men , i do not know why they should be a bad plea for us , and this ( sayes he ) may serve to answer several of his pages , where he beats the air with a repetition of a company of vain and empty words . is not this a strange answer ? what part of it is either sober or at all pertinent to the matter ? but letting pass the former part of this answer ( which bespeaks him a fitter man to wrangle with ruffians , then discourse with sober and civil people ) since in the latter part he sayes , if humane laws be a good plea for other men , he does not know why they should be a bad plea for them , i will adventure once more to incur his displeasure , by telling him that one reason is , because his plea being spiritual , grounded upon a spiritual consideration , is not sutable to those humane and temporal laws , as ot●er mens pleas , which are not spiritual , but temporal , are . and when his brother priest insists on the divine right of tythes , and claims them by the law of god , if one of his parishioners ( or any lay-man ) should say as this priest does , if divine laws may be a good plea ●or other men , i do not know why they should be a bad plea for me ; and thereupon produce either the law of moses , or some text in the new testament to prove his title to the estate he claims ; would not he be apt to smile at his parishioner , and inform him , that he claiming in a civil capacity , not upon spirit●al but temporal considerations , must have recourse to humane laws for the confirmation of his claim , and not expect to have a civil claim grounded on humane and temporal considerations , secured and made good unto him by the spiritual and divine law of god ? with how much more reason might his parishioner even laugh out-right at him , who pretending to be a minister of christ , and in that capacity or qualification claiming tythes as due to him , not upon temporal but spiritual considerations , betakes himself to humane laws to make his title good ? but leaving this as a sufficient reply to that little piece of insufficient answer , which he is pleased t● afford to so many pages of mine , i turn me to the other priest , who i find uses many more words , though not much more to the purpose . § . . in my answer to the first priest , pag. . i said , i shall discover his fallacy further , by telling him , not only that i enjoy my estate as a temporal right , but also that i claim it in a natural and civil capacity , without relation to a ministerial function or spi●itual office , as a man , not as a minister of christ. but the priest doth not claim tythes in this capacity . he claims in a spiritual capacity ( although his claim be false ) his claim depends upon a ministerial function . he claims not as a man , but as a minister of christ ( for such he pretends to be , though he be not . ) his claim therefore to tythes , and my claim to my temporal estate , differing in the very ground and nature of them , that which will make good my claim to my estate , will not make good his claim to tythes . fo● my claim to my estate being grounded upon a natural or temporal consideration only , a temporal right is sufficient to make it good . but his claim to tythes being grounded upon a spiritual consideration ( as he pretends to be a minister of christ ) a temporal right is no way equal or suitable to his claim . the first part of these words the priest recites , and thereto thus replyes , ( right of tythes , pag. . ) t. e. doth not claim meerly in his natural capacity , nor barely as a man ( for all his talking ) since many wiser and better men then t. e. have no estate at all , nor no right to any : every m●n hath a natural cap●●ity , but that alone gives no title to an estate ; it is therefore as a man so qualified that t. e. ●laims , that is , as a purchas●r , or one to whom an estate hath been given , or as being descended from some so qualified , or else as invested with some civil office or employment to which such an estate is annext . what i meant by a natural capacity is explained by the word [ civil ] as also by the following words [ without relation to a ministerial function or spiritual office ] which plainly shews ▪ i there opposed not a natural capacity to a civil capacity ( for i joyn them together ) but a natural capacity to a spiritual capacity ; and therefore when i mention the priests claim , i say he claims in a spiritual capacity , his claim depends upon a ministerial function . in like manner , when i say i claim as a man , it is clear i there intend man in that sense wherein man is opposed to a minister of christ ; and therefore afterwards speaking of the priests claim , i say , he claims not as a man , but as a minister of christ. neither did i say as the priest replies , that i claim meerly in my natural capacity , or barely as a man ; nor could the priest , in his right wits , understand me so to mean. but this is a meer catch of his , to avoid the force of my argument , and make his less-observant readers think he has said something , whenas indeed what he has said is nothing at all to the purpose . when i say i claim in a natural and civil capacity , i include those civil qualifications which may justly entitle to such a claim , whether they arise from purchase , heirship , free gift , civil office , or any other of like nature : and i shew that the priest not claiming in this capacity , no● by vertue of any of these or such like qualifications , his claim to tythes and mine to my temporal estate differ in the very ground and nature of them ; not in the several sorts of civil claims , as if one claimed by purchase , t'other by descent , &c. but in the nature of the claims themselves ; one being natural or civil , t'other spiritual or religious . now the priest claiming tythes , not in a civil capacity , not upon civil qualifications , but in a spiritual or religious capacity , upon religious qualifications , as a priest and ( pretended ) minister of christ , that which will make good my civil claim to my estate , will not make good his religious claim to tythes . the difference between civil and religious capacities and qualifications , and the claims arising therefrom may appear the more clearly , if we consider them both in one and the same person . suppose at this time ( as was formerly frequent ) a clergy-man or priest were chancellor of england , or invested with any other civil office ; he by vertue of that civil qualification , would have a good claim to such temporal estate as should be annext to that civil office with which he is so invested ; but he could not claim that estate by vertue of his priesthood , or as a man religiously qualified , any more then he could claim tythes by vertue of his chancellorship , or as a man civilly qualified . hence the necessary and unavoidable distinction between civil & religious qualifications and claims is manifest . now as he that makes claim to an estate by vertue of a civil qualification ought to prove , maintain , defend his claim by humane laws , as being suitable to the nature of his claim : so he that makes claim to tythes by vertue of a religious qualification , ought to prove , maintain , defend his claim by divine laws , as being suitable to the nature of his clai● . but the priest , having wrested my words from a natural and civil capacity , to a meer natural capacity , void of all civil qualifications , goes on to make what advantage he can by this unworthy pervertion . well , sayes he , the priest hath a natural capacity also , as well as t. e. is as much and as good a man as he ; but this alone gives him no title to his tythes ; he claims them in a spiritual capacity , as t. e. claims his estate in a civil capacity : and now , why is not a spiritual capacity as good a ground of claim to an estate legally settled upon it , as a civil capacity ? pag. . if he means by [ legally settled ] settled by divine & spiritual laws , as tythes were on the iewish priests , a spiritual capacity is as good a ground of claim to an estate settled as a civil capacity is of claim to an estate so settled , by humane laws ; but a spiritual capacity is not so good a ground of claim to an estate settled by humane laws , as a civil capacity , because a claim grounded on a civil capacity is of the same nature with humane laws , and properly determinable by them ; but in a claim grounded on a spiritual capacity it is not so . he sayes , pag. . an estate in land , rent-charge , or t●lls and customs , may be settled on the mayor of such a city , and on his successors forever ; and then , whoso sustains that charge , and bears that office , hath as good a claim by law to that in-come , as ● . e. hath to the estate he is born to . they claim ( sayes he ) under different qualifications ; but one hath as good a temporal right for his time as the other , he should have done well to have shewed the different qualifications under which the mayors of a city successively claim an estate settled upon their office. i confess i do not see how they can claim under different qualifications , since each of them claims as he is mayor . but if the priest has any croch●t in his head ( as his own phrase is ) to help him out ( as he seldom is without a meuse ) and can find any difference in their qualifications , as mayors , or by which they claim , yet surely he will not find the difference between civil and religious qualifications among them ; whatever qualifications the mayors of a city may claim by , they are all civil i trow ; ne doe , not mean i suppose that some of the mayors claim their toll , &c. under civil qualifications , and some under religious qualifications . ●f not , how impertinent is it to the purpose ! how irrelative to the case in hand ! neither is what follows of any more force , or any whit more to the purpose . why ( sayes he , ibid. ) is not a religious office as endowable as a civil office ? sure his being a minister of christ makes him not uncapable of a temporal right ; for st. paul saith , the king is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the minister of god , rom. . . one's being a minister of christ doth not make him uncapable of a temporal right , nor any whit more capable of a temporal right . if he that is a minister of christ has right to a temporal estate ( patrimonial or other ) which he claims and holds in a civil capacity , his being a minister of christ doth not divest him of his right to that temporal estate , as it would not invest him with such a right , if he were not in such a civil capacity , and under such a qualification , as doth entitle him to it . thus we see many of the clergy have temporal estates , which they claim and hold in a civil capacity , as men under such civil qualifications , without any regard to their priestly function ; and in their enjoyment of those estates , no man i suppose impugns them . but to what end doth the priest urge the words of st. paul , that the king is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the minister of god ? methinks he should not mean , that the king is the minister of god in the same sense wherein he himself pretends to be a minister of christ. but if he would needs make the king a clergy man , he might , one would think , have holpen him to an higher office among them then a deaconship . the king is indeed the minister of god , but his ministerial function is civil ; and therefore he is called the civil magistrate . and if we consider the time wherein that epistle to the romans was written , we shall find no cause to suppose the apostle call'd the magistrate the minister of god in a religious and spiritual sense : it being written probably about the beginning of nero's reign , then whom that age did not bring forth a greater enemy to the christian-religion . and being spoken of magistracy in general , it cannot without the greatest absurdity be understood in a religious sens● . but if the magisterial office be a civil office and function , to what end serves the mention of it here ? the priest's is not such ; it helps not him at all . he sayes , by vertue of that ministerial function , his majes●y claims many temporal rights ( besides the antient patrimony of his family : ) and will ( adds he ) this faucy quaker say , he hath a better title to his estate , then the king hath to the rights and revenues of his crown . no , no : the quaker will not be so ●aucy as the priest — would gladly have him . the quaker knows the king's temporal rights are built upon a bottom as fir● and stable as the priest's claim to tythes is weak and feeble . and the priest knows too , that the king claims his rights upon considerations of another nature , then those upon which the priest claims tythes : for the king claims his rights in a civil capacity , and under a civil qualification , by vertue of the administration of a civil office ; but the priest claims tythes in a religious capacity , and upon the account of a spiritual office. judge now reader how very impertinently the priest has urged this instance , and how far it is from helping him : after the same rate goes he on for several pages together , offering nothing of solid argument , but mee● sophistry . he undertakes ( pag. . ) to evidence the priests claim by a parallel . suppose , sayes he , some prince or great man did out of his own inheritance make a donation of some certain lands or rents to an elwood , and entail it on the family of elwoods forever ; if t. e. be the heir of that family , he will say he hath as good a right to this as if he had purchased it . and why may not , sayes he , the priest claim his tythes as justly as t. e. claims this donative ? there are many reasons why he should not ( both with relation to the giver , to the gift it self , and to the considerations on which it is given ) but that which is most direct to the present case , is the different capacities of the claimers . t. e. if he should claim such a donative , must claim it in a civil capacity , under a civil qualification , without respect to any religious office ; but the priest claims not tythes so , but quite contrary : he claims on the score of a religious office without respect to any civil capacity or qualification at all . what can be more different then two such claims , whereof one is meerly civil , the other meerly religious ? now that claim that is civil falls properly under the cognizance of human laws , which are of the same nature with it ; but so doth not the other . nor were the religious donations of tythes accounted cognizable by the civil magistrate , or subjected to human laws for many hundred years af●●r they were given . in the winding up of this section , he shews himself to be a man of a base unworthy mi●d , who because he finds me fenced by truth against the force of his arguments , le ts fly one of his en●enomed darts to wound the honour of my deceased mother . and rather then want an opportunity he sti●●● not to make a down-right falshhood by which to make way for ●is slanderous insinuation . his words are these , pag. . though this bold quaker do of●en say [ we are no pr●ests ] i must t●ll him , there is more fear he is no elwood , then we no pries●s ; a●d our ordi●ation is easier to prove , the● t. e's mother's honesty . false man and most unworthy ! let him produce if he can that place in my book , wh●●● i say they are no priests . do i not frequently call them priests , and seldom any thing e●se ? and 〈…〉 so void of shame as well as honesty , to charge me that i often say they are no ●ri●sts ! but it is obvious that he forged this falshood only to usher in his slanderous suggestion . but i would have him know he has hereby only discovered his own base & ungenerous nature ( in attempting to defame the memory of one whom probably he never knew , much less had ever provocation from ) but is not able to blemish her reputation , who was well known to be a modest , chaste and vertuous woman , unstain'd throughout her life with any spot of in●amy , & having slept in peace about some twenty years , her memory is still fresh and sweet to all that knew her , and her good name above the reach of this detractor's tongue . § . . in his next section , pag. . the priest quotes me saying thus , pag. . if the case of the priest and of t. e as to temporal right be equal , then the priest must acknowledge he is no more a minister of christ then t. e. at least , that he doth not claim them as a minister of christ , any more then t. e. doth his temporal ●state ; otherwise the parallel will not hold . w●at a lame quotation hath he here given ! in the page out of which he has taken this , i observed how willing the priest was , for his own interest , to parallel his cas● with the parishioners , as if there were no difference at all in their claims . one claims a temporal th●●● , and the other claims a temporal thing . one claims by a temporal right , and the other claims by a temporal right . one hath no need of a precept or example in holy scripture for what he claims , no more hath the other . thus he takes his parishioner by the ●ose , and endeavours to cokes him into a conceit , that their cases answer pat to one another , that their right is all one , their claim one and the same , their pretensions just alike . but then ( say i ) they must not stay there , the priest must also acknowledge , he is no more a minister of christ then the other , at least that he doth not claim tythes as a minister of christ , any more then the other doth his temporal estate ; otherwise the parallel will not hold . for if he claims tythes as a minister of christ , if he demands them in consideration of a spiritual office , i am sure then their claims will not agree ; and that which will be sufficient to make good a title to the one , will not be so to the other . this i recite the larger , that the reader may see upon what gr●●nds i made this conclusion . the priest sayes , the maxim on which this inference is grounded , is this wretched absurdity ? that none can have equal temporal rights by the laws , unless they be equal in all capacities . but this ( to use his own term ) is a wretched untruth ; for my inference is not grounded on such a maxim : i said not that they must be equal in all capacities ; but that if one claimed in a civil capacity & the other in a spiritual , their claims then would not agree , nor the pretended parallel hold . there is a difference between being equal in all capacities , and claiming in quite contrary capacities . if one man claims in a civi● capacity , and another in a spiritual capacity , and both by the same human laws ; surely 〈◊〉 that claims in a spiritual capacity is therein opposite not only to him that claims in a civil capacity , but to the laws also by which himself claims , which are of a civil nature , and therefore cannot properly and rightly be made use of to maintain a religious and spiritual claim . but he sayes , the same laws do give equal temporal rights to persons of all kind of capacities ; for the same estate , he sayes , may be enjoyed by iudge first , then by a souldier , then by a mercha●t , then by a woman ; and all these in their several 〈◊〉 may have an equal right to this estate , though they be every one of different capacities , pag. . though he sayes the same laws give equal temporal rights to persons of all kind of capacities , yet among the instances he gives to demonstrate his assertion , there is never an one of his capacity ; and therefore it reaches not his case . his instances of a iudge , a souldier , a merchant , a woman , are all civil , of the same nature with the laws by which they claim : but so is not the priest , he claiming in a capacity of a contrary nature to the laws by which he claims : for the laws are human and civil , but the capacity he claims in is spiritual and religious . he has one instance more , but that no more to the purpose then the former . suppose ( sayes he , pag. . ) the king have by the law a temporal right to one estate , and some of his subjects an equal right to another e●●ate ; you shall hear ( says he ) t. e's wise way of arguing : the king claims a temporal thing ; so doth the subject : the king claims by a temporal right ; so doth the subject : the king hath no need of scripture to prove his right ; no more hath the subject : yet for all this , their claim is not one and the same , they must stay there ; the king must acknowledge himself no more a king then the subject , or else the cases are not parallel . in this , as in the next , his sophistry is evident . this is not ( as he floutingly calls it ) my wise way of arguing , but his foul way of perverting arguments . i argued not between a king and a subject , but between a priest and a parishioner ▪ showing the contrariety of the capacities in which they claimed . this ●e turns off from the priest to the king , as if the king's case and the priest's were so just alike , that whatsoever is said of the priest's case must needs agree to the king 's ; whereas the priest's case is as contrary to the king 's , as it is to the parishioners : for the king claims in a civil capacity as well as the parishioner , but the priest claims in a religious capacity contrary to both . a king and subject may well have equal right to their respective estates by the same laws , because though the qualifications under which they claim , differ in degrees , yet they differ not in nature ; they are both civil , and both o● the same nature with those laws by which they claim . but with the priest it is quite otherwise : the qualification under which he claims tythes , is quite contrary to that under which the parishioner claims his estate , and no less to the laws also by which himself claims tythes . the rest of this section he spends in railing , and most part also of the rest of his book ; in which i do not intend to encounter him , as being neither able nor willing to match him therein . his following sections therefore , being fuller of reviling language then solid arguments , and more repl●●e with ●ailing then with reason , i shall make the fewer remarques upon ; and the rather for that i have , in a deli●erate progress through all his three periods of time , sufficiently disproved already all his pretences of a divine right to tythes ; and made it mani●est t●at the institution of tythes , since the times of the gospel , was popish , that popery had made her encroachments in the church before tythes were settled on it ; that those settlements of tythes that were afterwards made , proceeded from a blind zeal and superstitious devotion , grounded on principles repugnant to the true christian - religion , which i recommend to the consideration and conscience of every serious reader , and proceed . in his . section he quarrels at three passages of mine ; one is the description of a ministers maintenance from luke . , . and matth. . . against which he objects , pag. . that if this order of taking meat and drink then , were a perpetual and general rule to all ministers to the world's end , so must also all the rest of the rules their mentioned be . that does not follow . if some of those rules had relation to that particular service only , yet this of maintenance was more general ; and therefore he may observe , that when our saviour afterwards gave his more general commission for the preaching of the gospel to all nations , he made no new provision for their maintenance ; which argues he intended the continuance of that which he had before appointed ; and this also is confirmed by the practice of the apostles afterward , especially of the apostle paul , who though he was not imployed in that particular message on which the other apostles were sent ( for he was not converted till some years after ) yet refers directly to the maintenance there appointed [ have we not power to eat and to drink ? cor. . . ] so that we see the apostle understood that maintenance which christ had at first appointed was to continue , ( and accordingly asserts his power to receive it , long after that particular occasion , on which it was first given , was over ) and yet he did not observe those other directions which were given on that particular occasion : for he both preach't to the gentiles , and had money in his purse , and that of his own earning too . the next passage is this , he says , pag. . i saucily ask kings and princes where christ gave them power to alter that maintenance , and set up another in the room of it ? arrogantly telling them 〈◊〉 corah's phrase , they take too much upon them , &c. the sau●e is of his own making ; the question only mine , and that made not to kings and princes , but to the priests : for when i had asked , where hath christ given power to any man to alter this maintenance , and set up another in the room of it ? i add , doubtless if any such authority were given , it concerns them that claim thereby to shew it , and they to be sure are the priests . the other part also of the sentence he carps at , wherein he sayes , i arrogantly tell them in corah's phrase they take too much upon them , unless they can shew where christ gave them such authority ) is of his own cooking : for i told them not in corah's phrase they take too much upon them ; but modestly askt , if christ hath given no such power , whence then doth man take so much upon him ? and this inquiry too related to the settlement of tythes in the time of popery . but , sayes he , pag. . let me ask this bold questionist , where christ forbid them to give a better maintenance ? he bid the apostles be content with meat and drink ; but he did not forbid them to take more , if it were freely given . can a better maintenance be given , then that which christ himself appointed ? he who was lord of all , if he had thought tythes , or a●y other maintenance better then this , could as well have appointed that . this priest , i perceive , measures the goodness of the maintenance by the greatness , and accounts that best that is bi●gest . but doubtless the apostle paul went by another rule ; for he accounted that best which was least chargeable to the church , cor. . . to shew there needed no express command for making the maintenance better , he tells me ( pag. . ) that an hint is a command to a soul that loves god. be it so : yet not so much as an hint shall he find throughout all the new testament for the payment of tythes . but seeing he sayes christ bid the apostles be content with meat and drink ( which was somewhat more then a bare hint ) methink , if he ( who pretends to be one of the apostles successors ) were a soul t●at truly loved god , he should content himself with what he sayes christ bid his apostles be content with ; and not thus scrable after more . see now the man's partiality , an hint must pass for a command to the people for giving : but an express command will not suffice to make the priest content with what the people give . is this a sign of a soul that truly loves god ? 't is true , the apostles were not forbidden to receive more , nor believers to give more : neither lies the objection in my book against giving more , but against altering the nature of the maintenance , and setting up another maintenance of a different nature from that which christ appointed : for that maintenance was free and voluntary , and so ought the maintenance of christian ministers to be alwayes ; but a maintenance settled by humane laws ceases to be free , and so is not suitable to the gospel , which it self is free . but to render me ridiculous , the priest says , ibid. no doubt he will ask the primitive believers , who gave them order to sell their estates , and give them to the apostles ? he will say , they took too much upon them . and hereupon he sayes , was ever so much folly and impudence conjoyned ? no doubt he had had one sin les● to answer for , had he left out this abuse . the primitive believers needed no order for selling their estates , any more then believers do now , nor in disposing the money as they did . but if the primitive believers should have taken upon them to have injoyned all other believers afterwards to sell their estates too , and give the money to their ministers , they would therein have taken too much upon them . believers in all ages might be as liberal as they pleased to their ministers ; but they might not make that which was liberality in themselves , an imposition and burden upon them that came after , who may justly and reasonably expect to enjoy the same liberty and freedom to express their liberality , as the others did who went before . for as the gospel it self , in its own nature , is equally free in all ages , and the ministers of the gospel are so too , in respect of its publication ( so as not to preach the gospel because humane laws command , nor to forbear to preach it because humane law● forbid ) so ought the gospel-maintenance also , o● the maintenance of this gospel-ministry , to be in all ages equally free ; else is it not suitable to the ministry , and the gospel to which it appertains . and whensoever it ceases to be free , by the interposed injunction of paenal laws , it thenceforth ceases to b● a gospel-maintenance . now if we should suppose tythes a lawful maintenance , 〈…〉 at the donation of them was an act of pure liberality and perfect freedom in the first donors ( which universally considered is far enough fro● probability ) and upon that supposition should admit tythes to have been then a free maintenance ; yet the settling of them as a standing maintenance , and compelling after ages by p●nalties to pay them , makes them not now a free maintenance , if they had been so then ; but the true gospel-maintenance ought to be free in its continuation as well as in its beginning ; and christians now may justly expect as much christian-liberty & freedom as others in former ages had , which they do not enjoy who now stand bound to the performance of that which others were at liberty to . the third passage that he cavils at in this section , he thus gives , pag. . for any magistrate to set out tythes for a maintenance , is a direct opposition to christ , because they were commanded in the levitical law , and christ hath taken away priest , law and tythes altogether . how proves he this , saith he ? by heb. . the verse , saith he , he cunningly leaves out , being conscious to himself he had fathered a lye on that chapter , in which there is not one word of christ's taking away tythes , no nor in any place of the new t●stament . what himself is guilty of , that he charges upon me , viz. the ●unningly leaving out of things : for he has cunningly left out a material clause in that sentence of mine which he quoted , namely , that christ hath disannulled that law by which tythes had been commanded to be paid unto the leviti●al priesthood ; which makes the taking away of tythes a necessary consequent , when the law was taken away by which they stood . 't is true , i added not th● verse in heb. . because the greatest part of the whole chapter tends to the proof of my assertion , which therefore i was willing the reader should read throughout . but seeing my unfair adversary hath made so ill an use of my good meaning , i will add the verses , to let the reader see how much i am abused ; heb. . vers . . compared with vers . . and vers . . in the th verse the apostle shews , that the sons of levi , who received the office of the priesthood , had a commandment to take tythes of the people according to the law. in the th verse he sayes , the priesthood being changed , there is made of necessity a change also of the law ; so that here the commandment , by which they took tythes , was taken away , and the●e remained no commandment to take tythes by . then in the th verse he sayes expresly , there is verily a disannulling of the commandment going before , for the weakness and vnprofitableness thereof : now the disannulling the commandment by which tythes were due , is a disannulling of tythes . how did christ take away the levitical priesthood , but by taking away the law by which that priesthood was made , and setting up another priesthood in its room ? in like manner he took away the maintenance by tythes , by taking away the law by which that maintenance was commanded , and setting up another maintenance in its room . and as the apostles exercised the new priesthood without regard to the old : so they also received the new maintenance , and looked not after the old ; plainly intimating they understood the old maintenance to be ended , as well as the old priesthood . and andrew willet fairly argues it in his synopsis of popery , fifth general controversie , pag. . s. paul ( saith he ) saith in flat words , if the priesthood be changed , of necessity there must also be a change of the law , heb. . . but the priesthood of the law is alt●red and changed , ergo also the law of the priesthood , and so consequently the ceremonial duty of tythes . thus he , wherein at once he both acknowledges tythes to be ceremonial , and proves them ended with the legal priesthood . § . . in his next section , pag. . the priest charges me with evading all serious answers by some petty cavil , for proof of which he gives this instance ; that the author of the friendly conference having asked , if men might not do what they would with their own ? i said , no , they might not spend it upon harlots , nor waste it prodigally , nor make an idol of it . that it may the better appear whether this was ● petty cavil to evade a serious answer , i will briefly set down the manner of it ; the author of the friendly conference , pag. . having affirmed ( not pro●ved ) that tythes and other church-revenues have been settled by those that were actually seized of them in law , adds thus ; now if the quakers can prove from the laws of god or right reason , that it is not lawful for every one to do what he will with his own , and consequently , that he may not settle tythes , lands or m●neys upon the clergy , then they do something to the purpose . hereupon in my answer , pag. . i say , that i may be sure to do something , even in his sense , to the purpose , i will prove both from the laws of god and right reason , that it is not lawful for every man to do what he will with his own . accordingly i there prove ( pag. . ) first in general , that a man may not imploy his estate to an evil vse : then more particularly , that he may not spend his substance upon his lusts ; that he may not bestow it among harlots ; that he may not make an idol of i● nor uphold idolatry with it . now in the general exception and this last particular , i had direct relation to the settlement of tythes , having proved before , that tythes were imployed to an evil use in maintaining a corrupt clergy , and that it was an idolatrous worship which tythes were given to uphold . and to manifest , that i did not leave my argument to catch at or play upon a word or phrase ( as the author of the f. confer . falsly charges me in his vindication , pag. . ) but prosecuted my argument fairly , to prove that the settlement of tythes on the clergy was evil , in order thereunto i thus reasoned , ( pag. , . ) will any protestant be so inconsiderate as to say , that it is lawful for a man to lay out his money in beads , crosses , crucifixes , agnu● dei's , and such like trumpery ? will he say it is lawful to buy masses , prayers , pardon● , indulgences , & c ? will he say it was lawful , by the law of god , for ethelwolf at rome to give two hundred marks a year to buy oyl , to keep s. peter's lamps and s. paul's lamps burning ? if he thinks this justifiable , let him defend it ; if not , he may in this very instance see , both that it is not lawful for every man to do what he will with his own ; and also , that ethelwolf , his great donor and patron , did that with his own that was not lawful for him to have done , namely , uphold superstition and idolatry . thus having proved both that a man may not do what he will with his own , as also that ethelwolf in his other church-donations did that with his own which it was not lawful for him to have done ( and in which the priests , neither one nor t'other , sayes any thing in his defence ( though fairly invited to it● but leave him under the judgment of having done evil therein . ) i go on there to shew , that he did not transgress in this instance only , of giving that yearly pension to rome , but in his donation of tythes also : for it is evident he gave them to maintain a popish clergy , degenerated from apostolical purity , and f●ully corrupt both in doctrine and practice , in upholding of which he di● that which was evil , and therefore to be sure unlawful . judge now , reader , whether this be leaving my argument to catch at or play upon ● word or phrase , whether this be to 〈◊〉 all serious answers by some petty cavil ( as my cavilling adversaries cry out ) or whether it be a fair prosecution of my argument , and a solid serious answer , proving that it is not lawful for every man to do what he will with his own , and that by an instance in ethe●wolf himself . but i perceive the priest had covertly grounded his proposition upon the words in the parable , mat. . . is it not lawful for me to do what i will with 〈◊〉 own ? which , because spoken by our saviour , he expected perhaps should have born out his mis-application of them : but finding his expectation disappointed in the answer , both he and his brother pri●●● are enraged , and fly upon me with open mouth : one saying , if the quaker can but spit his malice against me , he cares not , though it fly in our saviour's own face , whose very words i used — is it not lawful for 〈◊〉 to do what i will with my own , & c ? vindication , pag. . the other saying , if the quaker had been one of the labourers in the vineyard , 't is like he might have drolled thus upon the master thereof , who ( in the person of god ) saith , is it not lawful for me to do what i will with my own ? right of tythes , p. . but i would wish the first of these priests to take notice , that his tongue slipt when he said just now , he used the very words of our saviour ; for our saviour said , is it not lawful for me to do what i will with mine own ? but instead of 〈◊〉 the prie●● put in [ every one ] if the quakers can prove — that 〈◊〉 is not lawful for every one to do what he will with his own . there is some difference sure between him of whom that parable was spoken , and every one . because god ( in whose person , as the latter priest sayes , the master of the vineyard speaks ) may do what he will with his own , to whom it is impossible to do amiss ; may every one therefore challenge to himself the same liberty and power ? that 's not to make me● servants and stewards to the great housholder , but lords and masters . but a● to the case of tythes , i have proved that ethelwolf in the settlement of tythes , did that with his own which was evil . in upholing a false religion , which it more concerns the priest to clear him from , then thus without cause to cavil . § . . in my answer to the friendly conference , i said , pag. . suppose that ethelwolf had an ample power of disposing what he pleased , or that the people had by consent joyned with him in the d●nation , every man according to the interest he had ; yet neither could he single , nor he and they conjoyned , grant any more then belonged to themselves . this was too plain to be denyed , being grounded on a firm maxim , nemo plus juris ad alium transferre potest , quam ipse haberet ; i. e. no man can transfer more right to another then he himself hath ; therefore they seek wayes to evade it . the author of the conferen●e sayes , suppose i grant it ; wh●● then ? his parishioner answers in my name , to make ● grant of the tenth part forever is ( in his understanding ) utterly 〈◊〉 to reason . the priest replie● , is it reasonable wholly to pass an estat● from the● and their heirs forever , and yet repugnant to 〈…〉 grant but a part of that estate forever ? by this i perceive he has taught his parishioner to use as little honesty as himself . the parishioner has learnt of the priest to chop and mangle sentences , and cunningly leave out what he likes not . he maketh me here say . to make a grant of the tenth 〈◊〉 forever is ( in my understanding ) utterly repugnant to reason . this goes clearer with the priest , as if i had said it was repugnant to reason to grant the tenth part of an estate forever , and accordingly he argue● ▪ whereas i say plainly , they might have disposed of what part of the land they pleased , they might have given the tenth part of the land , the tenth acre , &c. but that which i said is ( to my understanding ) repugnant to reason , iustice and equity , is for the● to make a grant of the tenth part of the profits of the land forever . ( these words [ of the profits of the land ] he leaves out in reciting my words , thereby drawing it from the profits of the land to the land it self ) which alters the case : for as i shewed , the profits of the land forever could not be said to belong to them , because it depended on the stock , labour , &c. of another , which they had no interest in no● right unto . but if the profits of the land forever did not belong to them , and they had no power to grant any more then did belong to themselves , it follows that they had no power to grant the tythes of the profits of the land forever . [ they endeavour to weaken the force of this argument by comparing tythes with a rent-charge , urging , that the owners might as well make a grant of tythes forever , as set a rent-charge upon their lands forever . ] this the author of the of tytth rhgies talks much of , and fills many pages 〈◊〉 in sect. . and . shifting the same matter into divers dresses by variety of expressions , to make the fairer shew and greater appearance of saying something . but he that shall impartially consider the nature of each , will find a vast difference between a rent-charge and tythes : for a rent-charge is paid by reason of the land on which it is charged , which it is to be supposed ●e that charged it had at that time ● property in ; but tythes are not paid by reason of the land , but by reason of the stock and labour , &c. imploy'd thereon by him that occupies it , which appears by this , that they who have no lands , are as well charged with the payment of tythes out of the improvement or increase of their stocks and labours in their trades and manual occupations , as they are who occupy lands . so that tythes lie properly on the stock not on the land ; but a rent-charge lies properly on the land , not on the stock ; and therefore although there should be no increase at all , no profit made , no crop pl●nted , nor any thing renewing upon the land , yet the rent-charge must be paid , because it is charged in consideration of the land it self : but it is not so in the case of tythes . if there be no increase , no profit made , no crop planted , nor any thing renewing upon the land , no tythe can be demanded , because tythe is charged in consideration of the increase and improvement made of the stock . and for the non-payment of a rent-charge , he on whom it is settled , may enter upon and possess the land which is charged with the payment of it . but in the case of tythes it is otherwise . for non-payment of tythes , he who claims them , cannot enter upon or possess the land , but is made whole out of the stock of the occupier . all which demonstrates that it is the stock , not the land , of which the tythe is paid . if a trades-man hold a ●arm ( as many d● ) and dividing his 〈◊〉 , he 〈◊〉 one part of it in his farm , ●nd the other in hi● trade , he is liable to the payment of tythes out o● each . but if he should draw his stock out of 〈◊〉 farm , and imploy it all in his trade , letting his farm lie unstocked , and so receive no profit from it , he would not be chargeable with tythes for his farm , but only for the improvement of his stock 〈◊〉 his trade : yet if there be a rent-charge upon 〈◊〉 ▪ farm , he is chargeable with that nevertheless , and liable to pay it , whether he imploy his farm or not . whence it is still more evident , that a rent-charge being a charge upon the land , ●ot upon the stock ; and tythes being a charge upon the stock , not upon the land , though our ancestors had power to lay a rent-charge upon their own lands , in which they had a property , yet they could not have power to grant tythes out of other mens stocks , in which they had no property . now since tythe is not the tenth part of the land , but the tenth part of the increase of the stock , howsoever imployed , whether upon land or otherwise , and seeing the labour , care , skill , industry and diligence of the occupant , whether husband man or trades-man is involved and necessarily included in the stock , as instrumental means and causes of producing the increase , a perpetual grant of tythes implies a grant not only of other mens stocks , in which the granters had no property , but of other mens labours , care , skill , diligence and industry also , long before they were begotten , upon which supposition , all men but priests , since ethelwolf's time 〈◊〉 be born slaves , under an obligation to imploy their time , pains , industry and skill in working for the priests . but whether it be rational to admit in ethelwolf , or any other , a power to impose the necessity of such a servile condition on their po●●erity , let the free-spirited reader judge . against this the priest objects thus , doth not the raising the sum of money ( settled by rent-charge ) include the labour , sweat , care , charge , skill and industry of the husbandman , as well as the preparing of tythe ▪ pag. . the case of a rent-charge even in this respect is greatly different from that of tythes . for a rent-charge is a burden , fixt upon the land , and according to the maxim , the burden descending with the inheritance , he that ( as the priest sayes , pag. . ) will not have the incumbrance , must not have the benefit . he therefore to whom such land descends on which the burden of a rent-charge lies , finding he cannot enjoy the land without performing the condition ( which is to pay the rent-charge ) subjects himself unto the burden , and that he may enjoy the estate undertakes the performance of the condition , which thus becomes his own act . so that this man's ancestors do not take upon them to give away his stock , labour , skill and industry ( for they only charge a burden on their own land , which he is at liberty to take or leave . ) but he himself gives away his own stock ●abour , skill and industry , that he may enjoy the estate . but it is far otherwise in the case of tythes : for tythe ( though a burden and a grievous one too ) is not fixt upon the land , nor descends with the inheritance : for they who have no lands nor inheritances , are liable , if they have personal estates , to pay tythes as well as they that have lands ; and they that have lands are not liable to pay tythes , unless by imploying a stock or personal estate upon them , they make an increase , or have something renew upon the land. nay , it hath been held possible so to order the matter , as to reap the benefit of the lands , and yet 〈◊〉 fre● from the incumbrance of tythes . however , if 〈◊〉 to whom the land descends , refuse to pay the tythes , yet he is in no danger of loosing the land . so that he hath not the land under condition of paying tythes , 〈◊〉 the other has under condition of paying a rent-charge , & therefore neither needs nor doth subject himself to the burden and incumbrance of tythes . here the● in short lies the civil difference between a rent-charge and tythes . a rent-charge is a burden charged upon the land , tythe is a burde● lies upon the stock . a rent-charge is laid upon the lands by them that had a just propriety therein ; tythe is laid upon the stock by them that had no propriety at all therein ; the stock and labour , &c. of the present possessor is not subjected to the rent-charge unless by his own consent and undertaking ; but the stock and labour , &c. of the present possessor is subjected to the burden of tythes ▪ without his own consent or undertaking , yea against it . by this it appears , both that a rent-charge and tythes are very unlike , and that it is utterly repugnant to reason , to suppose that ethelwolf and his people had power to load their posterity with the burden of tythes forever . and indeed if we consider the practice of our ancestors , in their donations of tythes we may find , that they did not look upon tythes to be at all of the nature of a rent-charge ; for they took great care by legal settlements to secure and assure those rent-charges ; but made no provision ( for some hundred years ) for the payment of tythes , save by ecclesiastical censures ; nor was the kn●ck of suing for tythes in temporal courts found out , till o● late years . which argues , that as they gave 〈…〉 they intended the continuance of them should have ●epended on ●●votion also . he objects again in pag. . that seeing the present possessor derives his right to his land from his fore-fathers , who might have sold off what part of the land they pleased ; and since they transmit it 〈◊〉 , ●ay they not leave a charge upon it ? and if the ●eir 〈◊〉 not pay the charge , he must renounce the land 〈◊〉 . as they might have sold off what part of the land they pleased , so they might have laid a charge upon the land , because the property of the land 〈◊〉 in themselves , but they could not have subjected the stock and labour of the present occupant to that 〈◊〉 , because they had not a property in the stock and labour of the present occupant . and though he sayes , if the heir will not pay the charge , he must renounce the land also ; yet in the case of tythes , he knows full well it is not so : for if the heir will not pay tythes , he is not bound to renounce the land , nor does he forfeit it by the non-payment of tythes . but he possesses and injoyes the land , whether he pay tythes or no. which shews , he did not receive the land under any condition of paying tythes ; for then he could not injoy the land without performing the condition . but he sayes , pag. . the quaker's argument is , protestatio contra factum ( i. e. a protestation against fact ) and so signifies nothing at all : it is an 〈◊〉 to prove that cannot be done , which is done , as 〈◊〉 in this , as in the like ●ases ; and that ought not to 〈◊〉 done , which hath been done a thousand times , and 〈◊〉 by the 〈◊〉 of all christian laws . that 〈…〉 nothing at all , is more then i understood before . the intent of my argument is not to prove that that c●●not be done , which is done ; but that that should not be done , which is done ; or , as his after words are , that 〈◊〉 not to be done , which is done , although it had been done ten thousand times , and approved 〈…〉 by such law● as he , for his profit sake , will call christian. § . . for want of strength of reason and force of argument , he falls now to down-right railing , having a mind ( i suppose ) to try if he can daunt me with blustring words , and therefore exhibits a charge against me of no le●s nature then blasphemy . he grounds it upon my saying , that for any one to tell me that ethelwolf ( or some other ) hath given him my labour , pains , charges , care , skill , industry , diligence understanding , &c. seven or eight hundred years , it may be , before either he or i was born , is a thing most ridiculous , and utterly inconsistent with reason . upon which he sayes , pag. . it is no great wonder he should call all men fools , when as this blasphemous argument ●●ies in the face of god himself , who ( even by the quaker's own confession ) in the levitical law did assume a power to enjoyn all the owners of canaan to pay to the priests the tenth part of those profits which did arise from their sweat and pains , charge and care , and that from one generation to another . god ( sayes he ) did make over to his priests these tenths of the profits of many mens sweat and labour , &c. many hundred years before they were born. now ( sayes he ) this the quaker saith is a ridiculous & unreasonable thing . o bold blasphemer ! &c. and in pag. . he adds , because god once made this grant , we dare be confident the act is lawful , and wise , and just ; and that t. e. is a blasphemous wretch , 〈◊〉 it by this wicked and silly way of reasoning . in this charge it is hard to say whether he shews more envy or ignorance : however to be sure there 's but too much of both . he sayes , god made over to his priests the tenths of the profits of many mens sweat and labour , many hundred years before they were born , and that i call this a ridiculous and unreasonable thing , and thereupon he calls me a bold blasphemer ! but what a bold — slanderer is he to say i call it a ridiculous and unreasonable thing for god to do thus , when i spake it of ethelwolf by name ! can nothing then be ridiculous and unreasonable in man , but it must be so in god also ? or must the same thing needs be ridiculous and unreasonable in god , which is ridiculous and unreasonable in man ? has man then an equal power with god ? and is his soveraig●ty as universal ? let me tell him , 't is a ridiculous and unreasonable thing in men to take upon them the disposing of any thing which is not in their power to dispose : but it were impiety to infer the same of god , since nothing can be above his power , who is himself the highest power . it was just and reasonable in god , to ass●me a power to injoyn all the owners of canaan to pay to the priests the tenth part of those profits which did arise from their sweat and pains , charge and care , and that from one generation to another ; because he had a right to all the sweat and pains , charge and care of all the owners of canaan throughout all generations . and as he gave that people their land , so he gave them also their life , their health , their strength their wealth , their skill , their care , ability and understanding , and whatsoever else was necessary or conducible to the producing those profits , of which he enjoyed them to pay the tythes . they received all of him , they owed all to him : justly therefore , and very reasonably might he require of them what he pleased , and lay upon them what charge he pleased , in respect either of their land , or of their stocks , or of their labour , or of their skill , &c. all which were his free gifts to them . but i pray now , had ethelwolf or any other of the tythe-givers , the same power over their posterity as god had over the iews ? do we owe our health , strength , ability to labour , skill , understandings , stocks , &c. to them , as the iews did theirs to god ? if not , then let the priest know , that for any one to say ethelwolf ( or some other ) hath given him my labour , pains , charges , care , &c. seven or eight hundred years before either he or i was born , is a thing most ridiculous and unreasonable , and for him to call this blasphemy is ridiculous and unreasonable also . and it is so much the more unreasonable in him , in that he first calls me a bold blasphemer , and then examins whether i am so or no. for after his saying this blasphemous argument flies in the face of god himself , and after his vehement exclamation [ o bold blasphemer ! ] he adds , if he saith the thing be ridiculous and unreasonable in it self , then this quaker chargeth god with f●lly and injustice , who doth injoyn it . if he saith , why does he go upon if 's then ? sure it had become him to have inquired that , and been certain of it too , before he had shot his over-hasty bolt , and set his foul brand of bold blasphemer on me . but he hath learnt it seems to hang men first , and try them afterwards : nor slipt this from him through inadvertency only , but premedittely and with a malicious design of mischief ; for he saw the reason on which i grounded my saying , as his following words manifest , which are these , nor can he be excused by saying , god hath more power then men . which words declare he understood well enough in what sense i spake , and that i therefore called it a ridiculous and unreasonable thing , because it supposed a grant of that , which the granter had no right in , nor power over . wilfully therefore , and against the light of his own understanding and conscience , hath he thus abused me , perverting my words , to a quite contrary sense to what he knew i spake them in . he sayes , in evil , foolish , and unjust things god hath no power at all . but man hath : else had not this man dealt so evilly , foolishly and unjustly by me , as he hath done in this matter . god ( he sayes ) cannot lye , he cannot do anything ridiculous or unjust . doth it therefore follow that men cannot lye neither ? or that men cannot do any thing ridiculous or unjust ? and may not men be charged with doing a thing ridiculous and unjust , but presently the charge must be transfer'd from men to god ? how ridiculous and unjust is such an inference ! but sayes ●e , because god once made this grant , we dare be consident the act is lawful , and wise , and just ; and that t. e. is a blasphemous wretch , to censure it by this wicked and silly way of reasoning , which condemns almighty god , as much as it doth king ethelwolf . he 's very daring sure , and wants modesty more then confidence . because god once made this grant , may men take upon them to make such another ? and is the act lawful , wise and just in men , because it was lawful , wise and just in god ? may men then lawfully , wisely and justly do whatsoever god hath lawfully , wisely and justly done ? a notable position to bring in iudaism ! and a fine defence he has helpe● the pope to , for the many iewish rights , and ceremonies wherewith the romish religion abounds , who may learn of this priest to say , we dare be confident the use of these things is lawful , and wise , and just , because god once commanded the use of them . and on the same reason also might men return to circumcision and sacrifices , and justifie the act. but to come a little closer to the priests interest ( in which , how dull soever they are in other parts , they are usually very quick of sense ) i would ask this priest , whether if the king should make a law that no priest should have any inheritance amongst the people , he would dare to be confident that that were a lawful , wise and ●●st act , because god once made such a law amongst the people of israel ? i am apt to think if he were put to 〈◊〉 tryal , he would tell another story . his calling me a blasphemous wretch , and my way of reasoning ●icked and silly , discovers the rancour of his own spirit , but no way weakens my argument . but in saying my way of reasoning condemns almighty god , as much as it doth king ethelwolf , he either pr●sumptuously exalts king ethelwolf into an equal power with god , or impiously debases god to such a scantling of power as ethelwolf had , or was capable of , in either of which he has been too daring , and a great deal over confident . my argument however [ that it is a ridiculous and unreasonable thing for any man to undertake the disposing of that which himself hath nothing to do with ; and that that man , who takes upon him 〈◊〉 make a perpetual grant of tythes , doth thereby ●●dertake to dispose of that which himself hath nothing to do with , namely , the labour , pains , charges , care , skill , industry , diligence and understanding of another . this argument i say , remains firm and sound , not weakened or any way impaired , by any thing the priest hath alledged against it ; but his false application of it to god , and his malicious reflections upon me , are sufficiently exposed , to make him ashamed of what he has writ , if he be not wholly past shame● § . . as i argued it unreasonable that such a grant should be made , so i shewed it was not agreeable to iustice and equity that it should be continued , because the consideration was taken away for which the grant was made . if ( said i , pag. , . ) ethelwolf a papist gave tythes to the romish clergy , he did it upon a consideration , for the health of his soul and remission of his sins , which he believed he might obtain in that church , and by the help of that ministry to whom he gave his tythes , & mediation of those saints in honour of whom he granted th●s charter ▪ — now if the consideration be taken away , why should the charge be continued ? to this the priest answers ( right of tythes , pag. . ) i have already proved that t. e. falsly supposes king ethelwolf to have held all the opinions of the present church of rome . i reply , that the priest falsly charges me with supposing so , and cunningly urges this both here and elsewhere to acquit ethelwolf from being a papist ; as if a man could not have been a papist unless he held all the opinions of the present church of rome ; whereas all the opinions of the present church of rome , were not then held in the church of rome it self : but there were enough held then in the church of rome ( of which ethelwolf was a zealo●s member , and to which he was a liberal benefactor ) to make it an erroneous , corrupt , superstitious and idol●trous church . he endeavours also to clear ethelwolf and the saxons from the popish doctrine of merits ; using thereto , as before , the testimony of alcuin . but he does but , for his profit sake , set a fair gloss on a foul matter . t●at they were corrupt in the doctrine of merits , both the express words of their own publick instruments do declare , and the testimonies of learned men concerning them do confirm , which having insisted on largely before , chap. . sect. . i refer the reader thither for a more full answer , that i may not too much swell this treatise by needless repetitions . concerning ethelwolf's obtaining remission by the help of that ministry to which he gave his tythes , the priest sayes , pag. . no wise man will deny , but that there was a true church in england in th●se dayes : and if in that church , and by that ministry , no pardon could be had from god , then there was no salvation to be had in this nation at all in that age , no nor in any nation in christendom ; which is a strange assertion . a strange assertion indeed ! because there was a true church in england in those dayes , must the popish church needs be it ? hee 'l say perhaps , there was no other : how knows he that ? if there were but two or three that held the faith of jesus chri●● in a pure conscience , and did not joyn with the abominations of the times , in which they lived , they ●ere a true church : for neithe● numbers nor visibility make a true church , as himself knows , if he understands protestant principles . god had a true church all along the apostacy , even in the thickest time of popish darkness , before luther began to reform ; will the priest thence infer , that the church of rome was a true church all that time ? let him carry on his argument from ethelwolf's time to luther's , and say no wise man will deny , but that there was a true church in england all that while : and if in that church ( referring to the national ●hurch ) and by that ministry , no pardon could be had from god ; then there was no salvation to be ●ad in this nation at all in those ages , no nor in any nation in christendom ; which is a strange assertion indeed . salvation doubtless was obtained in those times , as well in this as other nations in christendom ; ( though not by the help of a false ministry ) but what then ? must those indirect and wrong means , contrived to obtain salvation by in those times , be therefore still kept up ? and ought the charge to be still continued , when the consideration for which it was given , is taken away ? but the priest i think is almost ashamed of the consideration for which tythes were given ; and therefore he shuns it as much as he may , and when he cannot avoid it , he smooths it over as fairly as he can . did that good king ( sayes he , pag. . ) covenant with god , or his priests , that they should give him ▪ remission , or else this gift to be of no effect ? was it inserted as a condition or proviso ? he hoped indeed remission of sins might follow , through christ's merits , gods mercy , and the churches prayers ; but he did not indent with god for it . by his leave , there is not a word of christ's merit● in all the charter , nor of god's m●rcy neither , in any of the copies that i have seen ; but that he gave tythes for the remission of his sins , is expresly set down . and the bishops with their abbats and the rest of the clergy engaged on their part to sing fifty psalms and say two masses every wednesday for the king and his nobles , both during their lives , and after their deaths . by this reader thou mayst a little judge what the religion of those times was , and what it was he calls the churches prayers , which were popish masses to be said for his soul after he was dead , which the priest confesses he hoped r●mission of his sins might follow . as for the saints , he sayes , t. e. is mistak●n , in thinking they then did believe the saints usurped christ's office. whether they thought so or no , let perkins speak prob. pag. , . veteres ( sayes he ) praesertim post an . invocatione sanctorum peccarunt , imo sacrilegij sunt rei . nam aliquando spem , fidem , fid●ciam in ijs collocant . i. e. the ancients , es●●ciall● since the year . have sinned , yea , and are guilty of sacriledge too , in praying to saints . for sometimes they place their hope , faith and confidence in them ; of which he there gives very many instances , shewing that the saints were prayed to as intercessors and mediators , which is christ's office , which having mentioned before , c. . s. . i omit here . but in the charter it self the grant is made to god , and st. mary and all saints together ; and ingulf ( who relates it ) sayes it was made for the honour of mary the glorious virgin and mother of god , and of st. michael the arch-angel , and of the prince of the apostles st. peter , as also of our holy father po●e gregory , of whose saintship let the reader judge . but sayes the priest , pag. . if we suppose ethelwolf as much a papist as king stephen , yet his donations to pious uses must stand good , even though the opinion of merit it had been the motive to him to make them ▪ or else ( sayes he ) t. e revokes all the charters and donations made in those really popish times , to never so good and pious uses . the donation of tythes was not to a pious use , unless he will call it a pious use to uphold impiety : for it was given to maintain and uphold a corrupt and false worship and ministry . for ( not to run over again all the errors , corruptions , superstitions and idolatries , that were then crept into and received in the church ) were not saying masses for the souls of the dead one of the uses he calls pious ? for ethelwolf ●o give two hundred marks a year to burn day-light at rome , and one hundred marks more to the p●pe ; were not these pious uses indeed ! t●ou mayst judge reader by these , of what kind and nature his pious uses were , which he so often talks of . but this is an old popish trick , to cry out holy church , holy church , and pious uses , to keep simple people in awe , that the matter might not be inquired into . thus no doubt all the rest of the lik●kind of donations , given in old time to the popish priests : to pray for the souls of the donors , and deliver them out o● purgatory , were set off by the priests with the specious titles of donations to pious uses , and endowments to holy church : but , as many of them , notwithstanding their specious pretences , have been long ●ince alienated from those uses , and yet other donations that were made to uses truly good and pious , although by papists , were no way thereby hurt or impaired ; so likewise may this donation of tythes , given to an evil use , be right●y and justly made void , and yet other grants , donations and charters , made by papists also , to uses truly good and pious , not thereby be revok●d , or any way infringed . § . . the foul stains of popish corruption and superstition , which stick upon this donation and charter of tythes , are so visible and obvious to every eye , that the priest is greatly troubled at them , and fain would he wipe them off , if he could . he rubs and scrapes hard to get them out , but still the spots remain . and indeed , as well might he undertake to wash a brick white , or change the colour of an ethiopian's skin , as hope to clear the donation of tythes from the just imputation of popish corruption . fain he would perswade his reader that ethelwolf's clergy was not popish . but popery is writ upon them in such capital letters , by historians of all sorts that speak of those times , that if he expects to gain belief , he must first perswade men to shut their eyes , and utterly abandon the use of their understandings . the gradual creeping in of those false doctrines and superstitious practices , in almost every century after the apostles dayes , which afterward obtained the name popery , is so particularly set down , and plainly proved by protestant writers of no mean credit , that there is no room left to doubt it . nay , the other priest , in his vindicatio● of the friendly conference , pag. . forgetting perhaps that ethelwolf's donation bares date in the year . has unluckily dated the entrance of popery in the year . no less then . 〈◊〉 before ethelwolf's charter of tythes was made . his words are these , we may observe , sayes he , that when by the furious inundation of the barbarous nations into the roman empire , learning fell into decay ; and whe● arts and sciences were discouraged and neglected , at the same time all manner of corruptions crept into the church ; and as ignorance increased , errors multiplied ; so that most of the present evil opinions of the church of rome , had their original in those unlearned ages , from about the year of christ . till about the year . about the mid-night of which darkness , there was scarce any learning left in the world — these were ( sayes he ) the unhappy times , which b●●d and nursed up invocation of saints , worship of images , purgatory , with all the fana●ical visions and revelations , miracles , &c. then began shrines , pilgrimages , relicks , purchasing of pardons , and the popes attempts for an universal monarchy . thus he . ▪ wherein , though he mention but few of the many particular errors and corruptions which in those times were grown up in the church ; and though he mistake in point of time , in saying these which he hath mention'd were bred and nursed up about or after the year . most of them if not all being of older standing , as i have already shewed ; yet he hath said enough to disprove all his brother priest hath said or can say towards clearing ethelwolf's clergy from being popish . for if these errors and corruptions had sprung up no earlier th●n the year . yet consider i pray to what a height such weeds were like to grow , in the fruitfull soyl of superstitious devotion , and cherished with the warmth of a blind and mis-guided zeal , in the space of an hundred and fifty years . yet the author of the right of tythes , pag. . denyes again that tythes were given to the popish priests ; and says , king ethelwolf's clergy agreed with the protestant church of england in more points t●an with the modern corrupt church of rome . if this were true , it were more to the discredit of the protestant clergy , than to t●e credit of ethelwolf'● c●ergy . but i deny his assertion , un●ess he mean it of those who , as his brother says ( friendly conference , pag. ● . ) for a corrupt interest intrude themselves into the ministry ; of which number himself is very likely to be one . but he that diligently sh●ll observe the accounts these priest● themselves give of those times , will see they writ● not plainly and ●airly , but strive to colour over a corrupt interest , and that 's the reason they neither agree one with another , nor with themselves . the author of the fri●ndly conference , pag. . sayes , tythes were settled upon the church , before popery had made her 〈◊〉 in it ; for popery is not of that antiquity , &c. and he refers to ethelwolf's donation for the settlement , pag. . which was made in the year . yet the same man ( if he be the same that writ the vindication , as is pretended ) makes popery as antient as the year . above one hundred & fifty years older then ethelwolf's charter . most ( sayes he ) of the present evil opinions of the church of rome , had their original in those unlearned ages , from about the ▪ year . till about the year , . vind. pag. . thus he one whi●e makes the s●ttlement of tythes older than popery , another while popery older than the settlement of tythes . in like manner the other priest in his right of tythes , pag. . says , the clergy of that age were god's only publick ministers . and pag. . the donors intended tythes to the right ministers of god ; and i make no doubt they were such to whom they gar● them . again , pag. . king ethelwolf ' s cl●●gy ●greed with the protestant-church of england in more points , than with the modern corrupt church of rome . and yet the sa●e priest sayes , pag. . the benefit of this don●ti●n of tythes hath been enjoyed for eight hundred years by those to whom the donation was made . now certain it is that the benefit of this donation was enjoyed by the popish clergy all the time of popery , till the very latter-end of hen. . or the beginning of edw. . and afterward again in queen mary's time ; and if all this while tythes were enjoyed by them to whom the donation was made , then it must needs be made to a popish clergy , or e●se there never was such a thing as a popish clergy in england . now though it be thus plainly proved from his own words , that tythes were given to a popish c●ergy , yet so daringly confident is he , to say they were god's only publick ministers , and that he makes no doubt they were the right ministers of god. were they god 's own publick ministers , were the● the right ministers of god who enj●yed the ben●fit of this donation of tythes , all along from ethelwolf's time to the reformation ? if so , then the popish clergy all that while , even in the most idolatrous times , yea bonner , gardner , and their associates , who drunk so deep of protestant blood , were in his account right ministers of god. but if they who e●joyed the benefit of this donation of tythes all along from ethelwolf's time until the reformation , were not the right ministers of god , but a corrupt popish clergy ; then were not they ( even by his own argument ) the right ministers of god , but a corrupt popish clergy to whom this don●tion of tyth●s was made ; for he sayes expresly , the benefit of if was enjoyed for eight hundred years by those to whom the donation was made . this is unavoidable : and therefore his saying king ethelwolf's clergy agreed with the protestant-church of england in more points , than with the modern corrupt church of rome , may cast an imputation on him and his brethren , but cannot clear ethelwolf his clergy from popery . but what he cannot prove he is very forward to take for granted , and therefore says , pag. . since the donors gave them not to a popish clergy , but to god and his true ministers ; our kings and parliaments , that took them away from the corrupt clergy ( who were fallen into popery ) and settled them on the true protestant ministry , did observe therein the intention of the donors , and did apply tythes to the right vse for which god intended them . he talks idly . god never intended tythes to any such use in the times of the gospel ; let him prove it if he can . and for observing the intention of the donors ; it is manifest the donors intended their tythes to such a clergy , as would say mass for their souls when they were dead . is he one of them ? or are his brethren such ? or was that one of the points in which he brags king ethelw●lf's clergy ●greed more with the protestant-church of england , than with the modern corrupt church of rome . however , by his own confession here , that clergy from whom tythes were taken , was corrupt and fallen into popery . seeing then tythes were taken from the same clergy to which they were given ( for the benefit , he sayes , was enjoyed eight hundr●d years by those to whom the donation was made , pag. . ) was not ethelwolf's clergy corrupt and fallen into popery too ? again , he sayes , pag. . since the first donors did not settle them on the popish clergy , and the present laws have given them to the protestant clergy , i know not wh●t title the popish priests can justly have to them . nor i neither ; not that the first donors did not settle them on them ( as he begs ) but because that settlement was not just , and with what either iustice or credit a protestant-minister can thus creep in , and plead a right to tythes by a donation fraudulently obtained by a popish clergy , i leave the reader to judge . to supply his defect of argument he betakes himself here again to his usual course of railing , and because he cannot fairly answer , he sets himself f●ully to bespatter me and the quakers , pag. . calling us the very darlings of the great ●gents for rome ; saying , we learn our lesson from the papists , and are doing their work for them , calling me a iourney-man to the popish priests , and much more of the same bran . all which savouring so strong of ignorance and envy , and being as far from truth as from all manner of likelihood and probability , i will not give so much countenance to his charge as to think it worth an answer . and whereas he sayes , their doctrine of perfection , despising the letter of scripture , pleading for ignorance , relying on the merit of following the light within , &c. are popery in disguize . i shall only tell him at this time , that his so saying is down-right falshood , and open slander withou● disguise ; a further account of which he may expect in reply to his brother's vindication . § . . he is offended at my saying , that if tythes were a suitable maintenance for a protestant-ministry , yet the clergy now do nothing for the people ( nor indeed have any to do ) which can deserve so great a compensation . this was spoken upon occasion of the other priest's saying , friendly conference , pag. . their only work is to explain the written word of god , and apply the same ; and yet a little after , p. , . acknowledged that whatsoever is necessary to salvation either to be believed or done , are in some place or other in holy scripture fitted to the most vulgar capacity and ●hallowest understanding , &c. but this priest not willing to take notice of this , which he knew would be an hard knot to untye , looks over it , as if he had not seen it , and says , pag. . certainly we do 〈◊〉 much for the people as ever was done by any clergy in the world : we pray for them , preach to them , administer the sacraments duly among them , we marry and bury , we visit the sick , relieve the poor , comfort the sad , reprove sinners , confute her●ticks , and shew the folly of ellwood , &c. if they perform the rest no bette● then this last , they little deserve the wages they receive . but do they perform these particular services for th● tythes which they receive ? if not , it is but a false pretence to urge these as the works for which tyth● is a compensation . let us examine the matter a little . they administer , he sayes , the sacraments ▪ but are they not paid for it beside ? will they baptiz● the child of him that payes tythes without being paid distinctly for that ? do they not make their ●arishioners that pay tythes , pay them over and above for giving them bread and wine , though the parishioners buy the bread and wine themselves , and pay for it besides out of their own purses ? will they marry a man that payes tythes , unless he gives them a sum of money on purpose ? or will they bury any of the most zealous tythe-payers , and not be paid distinctly for it ? what meer deceit is it then to name these things as services , for which they deserve tythes , when , let their tythes be never so great , they will not do any of all these without being paid for it over and above . then for the other particulars named , as visiting the poor , &c. it is too notorious that many of them spend more time and money in taverns and ale-houses then in visiting the sick and relieving the poor . instead of comforting the sad , they make many sad by their exactions and extortions upon the people , under the specious pretences and gilded names of sacred revenues and rights of holy church . if they reprove some sinners by words , they encourage more by example ; and what he calls confuting of heresies , proves oftentimes opposing of truths . lastly , he says , they shew the f●lly of ellwood , &c. indeed ! is this then one of the works for which they receive tythes ? is it the general service and universal labour of the clergy ? i confess i have heard they had private cabals , and several little committees about my book ( wherein he that gave the occasion of writing it , received no thanks for his labour , and wisht he had never medled ) and that after many consultations and debates about it , they at length resolved to divid● it into several parts , some being appointed to answer one part , & some another ; which the event doth somewhat confirm . but i never understood before that they had a general convocation about it , and that it was undertaken as a national service , for which all the parish priests in the nation must have tythes . but truly , had i thought there had been so many heads engaged in the work , i should have expected st●onger reasons , and more forcible arguments then i find in the replies . but we must take them as they are now . he sayes , pag. . they are alwayes ready to perform any di●ine office which their people need or require . he should have added [ for money ] for notwithstanding their tythes , those other offices which he calls divine must be sure to be paid for distinct . here the other priest puts in a word , vindicat. pag. . where his parishioner citing those words of mine , if tythes were a suitable maintenance , the clergy now does nothing for the people which can dese●ve so great a compensation ; he replies , that is , if his worship may be judge . is not this a learned answer ? and a notable demonstration that the clergy doth something for the people , which deserves tythes for a compensation ? the reader perhaps may think this is not the answ●r it self , but a preparative only to an answer ; take therefore his following words , thus , but what i wonder do the impropriators for the people , which deserves so great a compensation ? truly nothing that i know of ; nor do they pretend to do any thing : but what is that to the purpose ? doth that excuse the priest ? or is this any answer at all to my objection ? he adds , besides , it s all one to the people , whether they pay tythes or no : as i shall shew you anon . this is his answer to a syllable : in which , judge reader whether there be any thing serious , any thing argumentative , any thing pertenent to the purpose ; and whether he hath not here evaded a serious answer by a petty cavil against the impropriators . again , the pa●ishioner urging that from his saying , our only work is to explain the written wo●d of god , and to apply the same ; i concluded , that what they do for the people is not suitable to the reward of tythes ; the priest replies , doth not this quaker ( think you ) ins●ruct the people very graciously ? as if tythes were of more real value to them , tha● the word of god explained and applyed ? that 's not my instruction , but his mis-construction of my words . i neither say nor intimate that tythes are of more real value to the people than the word of god explained and applyed . but t●at tythes are of more real value to the people than the priest's labour in explaining that which he tells them himself , i● s● plain already that it needs no explanation : which if it be not true , he was too blame to say it ; but if it be true , then have they no need of his help therein , and consequently pay him tythes for nothing , or at least for that which doth not deserve so great a compensation . but he complains i have done him wrong , and says , i must not let the abuse pass , which he hath put upon me in this quotation . he so states my words , as his reader must understand him , that i make explaining and applying the word of god , the sole and the only work of a minister . — and a little after , — [ only work ] related to the particular which i was there disco●rsing of , and not to the general office of a minister . neither did i so represent it : for i know there are several other things which they take into their off●●e ; but then they have distinct rates and prices set on them , and they are paid for them in money over and above the tythes . but to return to the other priest , the author of the right of tythes . § . . in his next section he taxes me with many mistakes in point of law , wherein if i am defective it is no great wonder , having never been educated in that study . he begins with a great deal of mirth and ioke , according to the levity of his mind , and by and by slips into his usual strain of prophane ieering and flouting at revelation , and immediate teaching , calling me an inspirado , &c. all which i let pass as the froth of his wit , in which no argument lies . the first mistake he charges me with is in saying , the stature of of hen. . is the first parliamentary law for payment of tythes ; wherea● ( sayes he , p. . ) the very first law in the statute-book is a grant for the church's injoying her rights inviolable . i was not altogether so confident and positive as he reports me , but said , this is the first parliamentary law that i find amongst our statutes for the payment of tythes ; which words [ that i find among our statutes ] he leaves out in reciting my words . now if it had , so happened that his sagacity and industrious diligence had chanced to have found out another ●tatute of elder date than that i gave , yet met●inks the modesty and wariness of my expression , might have won upon him to have pardoned such an omission , and thereby have oblieged me to have done him the like kindness another time . but since he stands so upon it , let us see what other statute he has brought , and whether i am guilty indeed of a mistake in this case or no. he says , the very first law in the statute-book is a grant for the church's injoying her rights inviolable . what then ? is there any mention of tythes in that grant ? or was it a law made for the payment of tythes ? not a tittle of tythes is in it . how then was this a parliamentary law made for the payment of tythes , when neither tythes nor payment are so much as mentioned in it ? this was a confirmation of liberties to the church , but not a law made for the payment of tythes ; nor do i yet think the priest will find ( though he turn the statute book over again ) any law made directly for the payment of tythes , before that which i have quoted ; which if he do not , instead of fastning a mistake in this case ●pon me , hee 'l find a charge of a wo●e nature return upon himself . the next mistake he charges me with is , that i say , this statute of hen. . was made by a popish king and parliament ; whereas ( says he ) that very statute declares the king supream head of the church of england , as t. e. may see if he read it over : and how they can be papists that have renounced the pope's authority , i cannot well understand , sayes he , ibid. he needed not have taken the pains to inform me that hen. . had assum'd the supremacy before the making of that statute , since i had advertised him of that in the same page out of which he pretends to pick these mistakes ( pag. . ) where i say , henry . being more papist then protestant ( though he had transfer'd the supremacy from the pope to himself ) and believing , as most of the other doctrines of the church of rome , so that of tythes being due to god and holy church , in the twenty seventh year of his reign made a law for the payment of tythes , &c. but that which he either cannot or will not understand is , how they can be papi●t● that have renounced the popes authority . truly though he has not deserved much kindness of me , yet i will take a little pains to inform him how this may be ; and in order thereunto i will begin with the definition of popery which his brothe● gives in his conference , pag. . popery is suc●● doctrines and superstitious pra●tices , which by the corruption of time , have prevailed in the church of rome , contrary to the tr●e , ancient , catholick , an● apostolick church . as this is popery , so ●e tha● holds , believes and uses such doctrines and p●actice● is a papist ; but so did hen. . after he had reno●nced the pope's authority , and assum'd the supremacy to himself . and if herbert ( who writ his life ) may find credit with the priest , he will tell him , pag. . that though he separated from the obedience o● the roman church , yet not from the religion thereof , some few articles excepted : of which more full te●●imonies we may find in fox's acts and m●numents , and in speed's chronicle . the six articles were ●na●ted after the popes authority was ●e●ounced , ( and after this law for the payment of tythes was made also ) which articles were for the establishing of doctrines grosly popis● , viz. transu●stantiation , the half communion , the single life of priest● , vows of perpetual chastity , private masses , and auricular confession , and stood in force all his time . and many suffered ma●tyrd●m under him after he had renounced the pope's supremacy , as laubert , barns , askew , and many others , who to be sure were no renegadoes , but such as certainly sealed their testimony with their blood. besides , he might have learnt from his brother priest , that hen. . did establish the six bloody a●ticles , to shew himself as ill a friend to protestants as to tythes , vindication , pag. . which if he had considered might perhaps have helped to open his understanding a little in this dark and difficult point . however , by that time he has read and weighed what has now been offered concerning it , i hope he may begin to understand how they could be papists that had renounced the popes authority ; and then i expect he should withdraw his action , and not charge me with a mistake , in saying the statute of hen. . for the payment of tythes , was made by a popish king and parliament . but he sayes , i mistake a statute made in ▪ hen. . c. . for a statute made in . hen. . who but would take this man to have been domitian's schollar , he is so ready-handed at catching flies ? what a grand mistake was this to set fo● ! a mistake it was however . but common ingenuity would rather have imputed it to the printer than the a●thor , especially considering how ill the book is printed throughout . he knows well enough that till he had made a second correction of errors , his own book was not free from such mistakes , if it be yet . and if i could have taken the same course , 〈◊〉 had not had this straw to stumble at . he adds , that i bring in protestant king edw. . for a popish confirmer of tythes . he wrongs me in that . my words are these ( pag. . ) in pursuance of these laws of hen. . ●is son and successor edward . made another , grounding is upon those which his father had made before . this is not calling edw. . a popish confirmer of tythes . § . . but he takes great pains to prove tythes a free-hold , and spends several pages about it , using great earnestness therein , and calling me heretick for but so much as questioning it . i do not profess my self a lawyer , and therefore will not take upon me to answer all his law-quotations , lest i should need the same excuse that he at last is fain to make , pag. . [ ne sutor ultra crepida● . ] but i observe he sayes , pag. . that in the very statute of . hen. . there is mention made of an estate of inh●ritance or free-hold in tythes . by this i perceive he confounds the clai●s of priest and impropriator : for that clause in the statute hath plain relation to the impropriators , a directing how and where lay-men possessing tythes , and being thereof disseized , may have their remedy . the words of the statute run thus , and be it further enacted , &c. that all cases , where any person or persons , which now have , or which hereafter shall have any estate of inheritance , free-hold , term , right or interest , of , in or to any parsonage , vicarage , portion , pension , tythes , oblations , or other ecclesiastical or spiritual profit , which now be , 〈◊〉 which hereafter shall be made temporal , or admitted to be , abide and go to or in temporal hands , and lay uses and profits by the law and statutes of this realm , shall hereafter fortune to be disseised , &c. it is plain that by an estate of inheritance or free-hold the statute here intends those tythes that then were or after should come to be in the possession of lay-men , and appropriated to temporal or lay uses ; which implies it did not account tythes an estate of inheritance or free-hold to the priests , for then this distinction had been needless . besides , the statute sayes , the person or persons so di●●eised , &c. their heirs , wives , &c. shall have remedy in the king 's temporal courts , &c. and , amongst other writs by which they may proceed , directs writs of dower ; all which have manifest relation to the impropriator's tit●e , not to the priest's ▪ for what priest ( as a priest ) can make his wife a dower of tythes ? or what hath a priest's heir or wife to do with tythes , when he is dead ? but this priest would gladly strengthen his claim , by twisting in the impropriator's with it . therefore he sayes , pag. . those very laws which made the a●●enation , did not give the lai●y any other estate in tythes , than such as the clergy had before , and such ●s the rest of the clergy had then to the tythes remaining in ecclesiastical hands . this is disproved by an instance which himself gives , pag. . which is ●f a writ of dower of praedi●l tythes brought in the countess of oxford ' s case , . iacob . by which it appears that tythes were settled in dower upon that countess ( as he stiles her ) which they could not have been , if her husband had not had another estate in tythe● than such as the clergy then had or now have . for no body , i suppose , ●●magins that the clergy have such an estate in tythes as by vertue of which they can settle tythes in 〈◊〉 upon their wives . he that will take the pains to consult that statute ( h. . . ) will find that what it speaks of estates of inheritance , free-h●ld , &c. hath respect to lay-men , not to the clergy . for although , in the second and last paragrap●s , where it directs the remedy for recovery of tythes , in case of substraction or detention thereof , it expresly mentions ecclesiastical as well as lay persons , restraining the remedy for both to ecclesiastical courts and laws ; yet in the seventh paragraph , where an estate of inheritance or free-hold in tythes is spoken of , there is no mention made or notice taken of the clergy , not a word of any ecclesiastical person , but those terms [ estate of inheritance , free-hold , &c. ] are expresly there applied to such tythes , &c. as then were or should afterward be made temporal , or admitted to be , abide , and go to , or in temporal hands and lay uses and profits , &c. and in case of di●●elsure of such estate of inheritance , free-hold , &c. the remedy was not restrained to the eccesiastical courts ( as in the other case wherein ecclesiastical persons were concerned ) but left to the king 's temporal courts . from all which i gather , that those words in the statute [ estate of inheritance , fr●●hold , &c. ] have no relation at all to the clergy , no● do any way concern ecclesiastical persons , but were inserted purposely for the sakes of those ●ay-persons , into whose hands such estates were then already come , or likely to come : and that the law-makers then did understand the laity to have another estate in tythes then the clergy had . the author of the conference , in his vindication , pag. . hath another trick to prove tythes a ●ree-hold , and that is this ; he asks his parishioner , who elect the parliament-men that serve for the coun●y ? the parishoner answers , the free-holders . and did you never ( sayes he ) see clergy mens votes entred at one of those elections ? yes many a time , quoth the parishioner . that very thing ( replies he ) proves them free-holders . but , by his leave , the proving some priests free-holders doth not prove tythes a free-hold . many of the priests have temporal estates , lands of inheritance or purchase , which gives them a right of suffra●e in such elections . but then it must be considered , that in such cases , though they are clergy men , they do not vote as clergy men , but as men possest of such temporal estates or free-holds . be●ides , most of the priests have g●ebe-lands , which may with less ●epugnancy to reason be called a f●ee-hold , than tythes . and this priest hath not expressed upon which of these considerations it is that his clergy-mens votes are entred . now if he intend●d to have prove● , by this medium , that tythes are a free-hold to the clergy , he should have demonstrated that every priest that takes tythes is thereby inabled to give a voice in the election of parliament men : which if they are not , it is rathe● an argument against him then for him , and shews that tythes are not a free●hold to the clergy . but of that let lawyers ●udge : i only add , that as the priests are unlike the ministers of the gospel in taking tythes at all , so they are much more unlike them in claiming a legal property and free-hold therein : and if tythes may in any notion of law be called a free-hold , they are ( as i said in my former book , pag. . ) such a free-hold , as hold● the greatest part of the nation in bondage . ●ut he is angry that i say , these statutes fo● tythes were grounded on a false supposition , that tythes were due to god and holy church . this he calls a repeating of old baffled falshoods ; pag. . and sayes , he has proved this was a true supposition , and maintained by the primitive orthodox fathers ; adding , that nothing is more false than my saying , this was a doctrine purely popish , and hatch'd at rome ( he leaves out [ and here preach't up with thundring excommunications by the l ope's emmissaries and agents ] which he knew could not be denyed , and wo●ld h●lp to discover where the doctrine was hatch'd ) however , he makes the validity and force o● the statutes to depend on the truth of this supposition , that tythes are due to god and holy ●hurch : for he sayes , since thes● statutes were grounded on a primitive and protestant doctrine , th● statutes are therefore good , pag. . but by the rule of contraries , if these statutes were not grounded on a primitive and protestant doctrine , the statutes are not therefore good . now that this doctrine , of tythes being due to god and holy church , was not a primitive doctrine appears , in that ther● is no mention of this doctrine in any of the writings of the new-testament , wherein the primitive doctrines of christianity are delivered . this doctrine is no where there to be found . nor i● the more simple , and le●s corrupted ages of the church , and nearest to the apostles times , was this doctrine received . but in the more distant ages from the a●●stles , when the church became greatly corrupted both in doctrine and practice , sprung up this doctrine of tythes being due to god and holy church , and may truly be reckoned amongst those doctrines and superstitious practices , which by the corruption of time , have p●evailed in the church of rome , contr●ry to the true , antient , catholick and apostolick church ; which the priest calls popery , conference , pag. . and as this doctrine sprang up in corrupt times , so it grew up together with the corruptions of those times ; and the more corrupt the church grew , and farthest off from the purity and truth of the gospel , the more credit and belief this doctri●e obtained , and was the more generally received . and when , th●ough the prevalency of popery , the church was most of all defiled and polluted with idolatry and superstition , and in its worst estate , then was this doctrine in greatest repute , and in fullest force and strength . by all which let the reader judge whether this was a primitive doctrine . and as this was not a primitive doctrine , so neither was it a protestant doctrine : for the bohemians ( whom fox calls protestants ) when they renounced the popes yoke , took away tythes from the clergy , and reduced them to certain stipends , as selden out of io. major notes , hist. tythes , pag. . which they would not have done , if they had believed that tythes were due to god and holy church . thus it appears that this doctrine , of tythes being due to god and holy church , is neither a primitive nor protestant doctrine ; and that the statutes grounded thereon , are built upon a false supposition . he excepts against my saying , for a man to claim that by a temporal right , from a temporal law , which the law he claims by commands to be paid as due by a divine right , is 〈◊〉 juggling . to whic● he replies , pag. . all the world knows , two titles to the same thing , being subordinate to one another , do strengthen each other . this is a meer shift : for it is evident those statutes do not intend to make the priests another title then what they claimed by before , but only to appoint the payment of tythes upon the old title of being due to god. so that these statutes do not make the priests a temporal right , nor was it the design of them so to do , for the statute of h. . . speaking of tythes impropriated , sayes , which now be , or which hereafter shall be made temporal ; which implies plainly , they understood all tythes , before such impropriations , in no other notion then ecclesiastical or spiritual : and that they accounted all other tythes , which were not so impropriated , but remained in the hands of the clergy , ecclesiastical or spiritual profits still , not temporal . now for the priests to claim a temporal right to tythes by those laws which declare the right they have to be spiritual ; this is the juggle . if they will claim tythes by these statutes , they should claim them in that notion wherein the statutes suppose them due , which is as a spiritual right , not as a temporal . the priest sayes , a father ( having a maintenance reserved 〈◊〉 of his sons estate , mentioned in those deeds which settle the said estate on the son ) though he had a right to be maintained by his son , jure divino , may claim a maintenance by vertue of these deeds , jure humano ; and the second title strengthens , but doth not destroy the first . this is quite beside the case : for ( besides that the comparison will not hold between a father & a priest , unless any in the darkness of their ignorance should so far mistake as to own the priests for their spiritual father : nor in that case neither with respect to tythes , but to a maintenance only ) here are ( in the case of a father ) two distinct title● , independent one of the other ; and the deed of settlement , in which such maintenance is reserved , doth not express the reserved maintenance to be due , jure divin● , but declares it to be a temporal right settled upon civil and temporal considerations . but how remote is this from the priest's case ! the statutes mention no temporal right of tythes to the priests , but suppos● a divine right , and upon that supposition command the payment of them , as so due : this deed of settlement mentions nothing of a divine right , but acknowledges a civil and temporal right to the maintenance therein reserved . as well then may the father claim a divine right to this maintenance by vertue of this deed ; as the priest claim a temporal right to tythes by vertue of these statutes ; and both alike unreasonable . § . in my former book , i inquired two things pag. , . first , what it is the priest claims a property in ? secondly , where this property is vested ? in the person of the priest , or in the office ? to the first the priest gives no answ●r here , only in another place , pag. . he sayes , we grant tythes are due out of the profits only , and with this answer he contents himself , overlooking the arguments i offered in pag. , , , . to prove the unreasonableness of such a claim ; particularly , that if tythes be the tenth of the profit , or increase of the land , and they that settled tythes ( as he saith ) were actually sei●ed of them in law , then surely they could settle 〈◊〉 more than they were so seized of ; and they could be actually seized of no other profits , or increase , than what did grow , increase , or renew upon the land , while they were actually seized of it . so that such settlement how valid soever while they lived , must needs expire with them . this and much more such plain an● serious argumentation , tending to prove the emptiness and unreasonables of their plea to tythes from the donation of ethelwolf and others , the priests , both one and t'other , pass by unanswered . the reader may guess why . the second thing inquired was , where this property is vested , in the person of the priest , or in the office ? this i perceive they are wonderful wary how they answer . one priest sayes , an office is capable of being vested in a property ; and the present person who sustains that office , hath this property vested in him during his life , with remainder to his successors forever , right of tythes , pag. . this , as doubtfully and darkly delivered as might be , seems in the first part , to affix the property to the office ; but in the latter part , to the person that sustains the office : for he sayes , the present person who sustains that office , hath this property vested in him ( not during his office only ; but ) during hi● life , which may extend far beyond his office. for if the present person who sustains the office be an ignorant , vicious , debauched , scandalous priest ( as , alas ! too many of them are ) if he be one of them , who the author of the conference sayes , pag. . will for a corrupt interest intrude themselves into thes● sacred offices , he not only may but ought to be ejected . they that for co●rupt interest thrust themselves in , should for their corruption be th●ust out again . but what mean while becomes of the property ? if ( as this priest sayes ) the present person who sustains the office hath this property vested in him during his life , the divesting him of the office doth not divest him of the property , because ( according to this priest ) the property depends not on the office , but on the person's life that bears the office. and the remainder of this property , which the priest sayes is to his successors forever , can take no place till the death of the present person who sustains the office. so that when he who sustains the office comes to be turned out of his office , his successor in the office can have no property at all , untill he that is so turned out be dead , because he hath the property vested in him during his life . thus stands the case according to this priest , wherein how consistent he is to himself the reader may observe . now let us hear what the other priest sayes to this matter , in his vindication of the conference , pag. . this property ( sayes he ) doth not belong to either of them apart , but the property belongs to the person , as qua●ified by holy orders , and put into actual possession by ins●itution and induction . this quite contradicts the other priest : for if the property doth not belong to either of them apart , then the present person who sustains the office cannot have the property vested in him during his life , but during his office only . for if he might have it during his life , he might then have it apart from his office ; which this priest denyes , in saying , this property doth not belong to either of them apart . but if the property doth not belong to either of them a part , what becomes of the property when they are parted ? the priest it seems ( according to this priest ) has no property any longer than he is in office ( though , according to the other priest , he hath it vested in him during hi● life ) turn him out of office , and his property is gone , because this property doth not belong to either the person or office apart . on the other hand , the office has no property any longer than it hath a priest in it , because the property doth not belong to either of them apart . where then resteth the property when the office is void ? doth the property cease ? they had best have a care of that , for that will shrewdly endanger the title . thus , reader , thou seest , after all their blustring big words for a property in tythes , they cannot agree where to fix it . a property they would fain have ( and nothing less , sayes one of the priests , will serve my turn , vindication , pag. . ) but where to place it they do not know . to leave it in the office they know is dangerous , because the office was notoriously popish when tythes were first settled on it . to fix it to the persons sustaining the office is no less hazardous , because some , at least , of t●ose persons are acknowledged by the priest to be intruders for a cor●upt interest . but leaving the priests to consult anew about the settlement of their conceited property , since tythes have so great a dependence on the office , let us again consider the nature of that office when tythes were settled on it . the priest sayes , right of tythes , pag. . i make my self sure of that which none but a wild quaker , would ever so much as once suppose ; viz. to be sure the office of priest-hood was popish ; and the office it self being n●w laid aside , the property vested in it must be gone along with it . thus he quotes my words ; but , as his usual manner is , very defectively , that he may thereby find means either to abuse me , or avoid an answer . my words are these , p. . it was to be sur● a popish office when tythes were first paid to it in this nation , an office set up by the pope , and that not as a secular ●rince , but as a ●ope ( as a spiritual father : for such he pretends to be ) but if their had been a property in the office , yet seeing the office it self is laid aside , and the pope , who was the author ●f it , ●ast off , surely whatever property was in the office , must ●eeds be gone along with it . this has it seems put him so out of patience , that he returns this answer , h● must be under some degree of frensie , who can perswad● himself , that there are no priests now , or that the reformation laid the office aside . that had been a reformation as wild as a quaker could project . doth he think that any body will grant thes● doting falshoods ? no protestants ( that ever i knew ) held the office of priesthood to be popish . and truly , t. e. thy suppositions will not be granted by any , but those who are as senseless as thy self , pag. . this is his full answer ; in which i think no sensible man can find any thing argumentative , reasonable , or civil . wherefore waving this , i will first inquire somewhat more particularly into that office on which it is pretended tythes were settled , and then take notice of his answer . first then for the office. it was ( i said ) to be sure a popish office , when tythes were first paid to it in thi● nation , an office set up by the pope , &c. austin the monk coming over hither from rome , by authority w●ich he received from pope gregory orda●ned bishops and priests here . and this was long befor● tythes were paid in england . after austin's death , his successors were c●nsecrated arch-bishops of canterbury b● the succeeding popes , or by their authority , by vertue of which p●pish consec●ation re●eived themselves , they took upon them to or●ain new priests as occasion seemed to them to require . thu● was that prie●●●ood in its ordination entirely popish : a priestly office set up and held up by the powe● and authority of the popes of rome . and as its institution , so its work and service , the end and intention of it was popish : and so much worse was it in its progress , then in its institution , as the latter times were worse then the former , and as the church of rome grew daily more depraved and corrupt , out of which it sprang , by which it was nursed up , and to which it was subservient . and at the time when tythes were settled on this office ( and before ) the work and service of it was to say m●sses for the soul● of the dead ( thus did the clergy engage to do , even in that very charter of ethelwolf ) to pray for the dead that their souls might be delivered out of purgatory , to receive auricular confession , to absolve the people from their sins , &c. these things are too certain and known to be doubted , much less denyed , and too plain and evident to leave any question , whether this office was at that time popish or no. now though this office continued long , yet at length it came to an end in this nation . the pope , who set this office up , was cast off ; the service of this office ( viz. the masses and popish prayers ) ceased ; the opinions of purgatory , auricular confession , &c. were disowned , and the office it self was laid aside . now let us take notice of the priests answer , h● 〈◊〉 be ( sayes he ) under some degree of frensie , who can perswad● himself , that there are no priests now , or that the reformation laid the office aside . if the reformation did not lay the office aside , the reformation was therein too short ; for the offic● was undoubtedly evil , and did deserve to be laid aside . but the laying of that office as●de doth not infer that there are no priests now : unless he thinks that all priests are of one and the same office , and so puts no difference betwixt light and darkness , good and evil. if he think so , i must then ask him whether he exercises the same office that the popish priests now do at rome and elsewhere . what their's is , is pretty well known , and if his be the very same with their's , it will not be hard to guess what his is . but if he will reckon his not the same with their's , but another and better office , he may thereby see that there may be priests now , although that office which was once exercised here , and is still in divers popish co●ntries , be laid aside . doth the erecting of a false office make void the true ? or cannot the right office of priests remain , if the wrong be taken away ? or will he say that was a right and true office which was exercised here by the popish priests , till the time of the reformation ? then he justifies the same office still , which is yet exercised by the popish priests in italy , spain , and other countries . certain it is that no such office was ever appointed by christ , or known among the apostles . they had no office for saying of masses , for praying for the dead , that their souls might be delivered out of purgatory , for receiving auricular confession , and for many other things which were the peculiar services of this office. these things were not known amongst them , but sprang up after the apo●●olical times , in the apo●●acy , and continued till the reformation . but i● , as he says , the reformation did not lay the office aside , what is become of it ? by whom is it executed ? do the priests who receive tythes now in england perform the sam● office that those popish priests did then ? do these say masses , and pray for the dead ? do these receive auricular confession , and take upon them to absolve the people from their sins ? this was the office of those priests ; but none i hope of these priests will acknowledge this to be their office : how then are the offices the same ? but that that office of priesthood to which tythes were given , and by vertue of which tythes were so long held and enjoyed in england before the reformation , was a popish office , and as such laid aside by the reformation , no man i think , that understands those times , and has not an interest to serve , can doubt . and if the office was laid aside in which the pretended property was vested , how should the property remain , and not be laid aside together with the office ? but what shifts will not priests make for their profits sake ! § . his next cavil is at my saying , the priest's title lies in the gift of the owner , which i shewed by this , that the priest hath no power to take one sheaf or ear of the husbandman's corn from o●● his ground , untill the owner hath severed it as tythe from the remainder , and thereby first disseized himself of that part , and by his own act given the priest a title thereunto . and although the law , supposing tythe due to god and holy church , enjoyns the owner to set it out , yet if he refuse , he incurs the penalty of that law for his refusal , but the property of the tythe remai●s intire in himself . to this the priest says , pag. . it is an odd kind of property which we have to a thing , that we may not keep in our possession ; and a strang● gift , which we must give whether we will or no , and be punishe● if we do not give it . he might better say , it is an odd kind of property th● priest claim● to a thing he never had in possession , nor they f●om whom he claims it ; and which there is no certainty in , nor knows he whet●er it be much or little . as for the owner , he may keep in his possession the thing in which he hath a propriety , viz. tythes , and the priest cannot dispossess him the●●of , although by laws grounded on a religious mistak● he may cause him otherwise to suffer for not dispossessi●g him●elf . but he says , pag. . he will give a parallel case , there are ( says he ) many free r●nts and 〈◊〉 payments , which the person charged with them must bring to such an house , in such a town , as such a day , and then and there disseize himself of the said ●oney , by a tender thereof to the lord or his assigns ; which lord need never de●a●d this money , and yet may take the forf●iture , if it ●e not brought to him , and tendered . this is not a parallel case to tythes : for in this case of rents and customary payments , the lord or other person claiming them , may for default of payment either enter upon the lands out of which such rents and payments issue , or bring his action of debt against the person charged therewith ; which argue● he has a property in the thing he claims . but it is not so in the case of tythes . if the owner refuse to set them out , the priest cannot enter upon the land , nor regularly bring an action of debt against the owner : but can only recover the penalty of the statute for his not making him a property by setting them out . which plainly shews the priest hath not any property in tythes , nor is by the statutes themselves understood to have any civil or te●poral right thereto ; but is only supposed to have a divine right , and upon that mis-supposition the statutes injoyn the owners to make the priest a temporal right by setting out of tythes . besides , free rents and customary payments are certain , and not in the power of the occupant to extinguish or alter . but it is far otherwise in the case of tythes . it is in the powe● of the occupant to make the tythes much , little or nothing ( and that without any fraud to his ancestors ) for if a man stock his land with horses , he is liabl● to very little tythes , if any ( and i think not to any , un●ess it be by particular custom of the place . ) but if he plant woods , and let them stand for ti●ber , no tythe at all can be demanded ; and what then b●comes of the priests property ? has not he a fine property the mea● while , which another man , without any fraud or indirect dealing , may extinguish when he pleases ? is it not plain by this , that the priest's title lies in the gift of the present owner , who may chuse whether the priest shall have any thing or nothing ? and is the case of free rents and customary payments a parallel to this ? can he who stand● charged with those payments extinguish or alter them at his pleasure ? can he make them more or less as he sees good ? if not , how then is that a parallel case 〈◊〉 this o● tythes ? the parson ( says shepherd in his grand abridge●●nt , 〈◊〉 . tythes , pag. . ) hath a good property in the tythes where they are set out by the owner● not where they are set out by a stranger . doth not this prove that the parson's title lies in the gift of the owner ? if the owner sets out the tythes , he thereby disseizes himself thereof , and gives the parson a property in the tythes so by him set out : but if the tythes are not set out , the parson hath no property therein ; nay , if they be set out , and not by the owner , but by a stranger , the parson will be to seek of a property notwithstanding such setting out . by all which it appears , that the parson has no property in the tenth patt of another's crop , until the owner sets out that tenth part , and thereby gives the parson a property in it . nay further , says shepherd , ibid. tythes are not due , nor is it tythe within the statute of . edw. . until severance be made of the nine parts from the tenth part . so that to make it tythe within the statute , it must be severed : and to make the priest a property in it , it must be set out as tythe by the owner . judge now reader , whether the priest hath any other property in tythes then what the present owner gives him . § . here again , pag. . the priest is gravelled with an argument , which he knows not how to answer , and therefore having first stuck an ugly 〈◊〉 or two upon it , to scare common readers from observing it , he makes a shew as if he would repeat it , and sets down something that looks a little like it , and then without more ado cryes , i have sufficiently 〈◊〉 it before , § . and so takes his leave of it● he sets it down thus , that it is ridiculous and unre●sonable for any to pretend a power to dispose of th●s● profits , or any part of them , which arise from the labour , stock and care of another , especially after their own decease ; for which he quotes pag. . of my book . this he calls an old , silly and blasphemous argument , and so lets it fall . but questionless the man being conscious to himself , that his claim to tythes is ridiculous and unreasonable , these two words did so run in his mind , that he fancied he read them in that place of my book out of which he pretends to take this quotation : whereas indeed neither of those words is to be found in all that page , no● any argument in those terms wherein he gives this . but that the reader may see there was in that page such matter as might justly deserve , as well as require an answer ( an● which he in his thirtieth section , to which he refer● did not reply unto ) i will repeat an argument out of that page , with the occasion of it , which was this . the author of the conference had said , pag. . that tythes were settled by those tha● were actually seized of them in law. whereupon i thus argued , if tythes be the tenth of the profit , or increase of the land , and they that settled tythes ( as he saith ) were actually seized of them in law , then surely they could settle no more than they were actually seized of , and they could be actually seized of no other profits , or increase , than what did grow , increase , or renew upon the land , while they were actually seized of it . so that such settlement , how valid soever while they lived , must needs expire with them . hence i further reasoned thus , is any one so void of reason , as to imagin that they who were possest of land a hundred years ago , could then settle and dispose of the profits and increase that shall grow and arise upon the land a hundred years hence ; which profit cannot arise barely from the land , but from the labour , industry and stock of the occupier . were ever any actually seized of the labour at the husband-man's hands , of the sweat of his b●ows , of the judgment , understanding and skill that god hath given him , of the stock he imploys , the cost he bestows , the care , pains , industry and diligence he exercises for the obtaining of a crop ? &c. this solid argument and sober reasoning he calls an old , silly , and blasphe●ous argument . but whether it be either silly , or blasphemous , i willingly submit to the impartial reader 's judgment . and whereas he pretend● he has sufficiently baffled it before in sect. . i desire the reader to compare that section with my reply to it , chap. . sect. , . and judge as he find● cause . but though the priest was not willing to handle this argument , yet he gladly catches an occasion from hence to complain again of me to the impropr●ators ; and he takes a great deal of needless pain to inform them , of what their own experience hath long since taught them , viz. that the quakers deny their right to tythes . the quakers do indeed deny tythes to be due to any one under the gospel-state ; and for that cause have suffered and do , by impropriators as well as by priests . nor is there any thing 〈◊〉 my book , relating to the impropriators , which may any whit exc●se , much less justifie , his ●anderous reflections on me . well may i pitty them , but never shall i flatter , muchless ●law them , at least in that sense wherein they are sure enough to be clawed , if ever they come under the priests claws , or fall within their clutches . his scurrilous language , and foul epithets of double-tongued and false-hearted , with his ●●ye insinuations of my flattering and clawing the impropriators , argue nothing else to me , but that he wanted other arguments to fill up this section , and thought it best to make a noise , that vulgar readers might 〈◊〉 he had said somethin● . but for all his clamour , many of the impropriators i doubt not discern , both that it is conscience makes the quaker refuse to pay tythes , and covetousness makes the priest so greedy to get tythes , not only from the quaker but impropriator also . § . he sayes , pag. . as for artificers paying tythes of their gains , it is no more than what they are obliged to by s. paul's rule , gal. . . 〈◊〉 give their pastor a share of all good things . this is not true . that rule of st. paul doth not determine the proportion , but leave artificers and all others to their christian-liberty , in point of quantity . therefore to oblige artificers to pay the tythes of their gains , is more than st. paul's rule obliges them to ; finally , sayes the priest at the close of this section , pag. . we grant to t. e. tythes are due o●t of the profits only ; and therefore of god give no increase , or the husband-man have nothing grow , we expect no tythes at all . where 's his free-hold then ! but if tythes are due out of the profits only , why are you priests so unreasonable to require tythes where there is no profit , yea , where instead of profit there is apparent loss , as it is certain you frequently do . the priest here sayes , if god give no increase , they expect no tythe at all ; but it is easie to perceive what he means by increase , by his adding [ or the husband-man have nothing grow ] there is some difference sure between increase , and having something grow . he that sows ten bushels of seed in a field , and receives but eight again ( which that it often proves so many men to their loss know to be true ) is far enough from having increase , when he decreases two in ten . yet such is the conscience of these priests , that they will have the tythes of that crop , though they see apparently there is not only no profit or increase , but a certain loss and decrease even of the seed , besides all the husbandman's other charge and pains . so that it is not as the priest sayes , if god gives no increase , that they expect no tythe at all ; but if there be an utter and total decrease , if the husband-man have nothing grow , i. e. if there be nothing at all for them to have , then they expect nothing , but if there be any thing at all , if the husband-man have anything grow , though never so little , if his loss be never so great , and he reap ●ot again the one half of what he sowed , and clearly lose the other half with all his charge and labour , yet will the priest make his loss so much the greater , by taking from him the tenth part of that 〈◊〉 crop he ha● , and have the face when he has done to look the poor man in the face , and tell him th●s 〈◊〉 according to st. paul's rule . but long enough may the priest say so before any wise man will believe him . § . in his next section , pag. . he alledges 〈◊〉 my a●guments for taking away tythes , tend to destroy hospitals and donations to the poor ; which supposition in my form●r book i had denyed , and disproved by several reasons , one whereof he , after his imperfect manner of quoting , thus sets down , because in that of the poor there is a settlement of certain lands , in which the donor had a legal property at the time of the gift● but in the increase of the occupiers stock , he that gave tythes neither had , nor never could have a pro●erty , and therefore no power to give . this is the reason , as he has maimed it , but in my book it stands thus ; in that of the poor , there is a certain settlement of lands and tenements , in which it is to be supposed , the donor had a legal property , or of which he was actually seized at the time of the gift . but in the case of tythes , here is no gift of lands and tenements , but of the increase growing and arising through , and by reason of the labour , care , industry and stock of the occupier , which he that gave the tythes neither had , no● could have any property in , nor was , or could be actually seized of , and therefore had no power to give . this reason is firm and solid , and will endure a shock ; and i observe , that though he had peel'd it as much as he could , and brought it in too , with a scornful [ forsooth ] yet he was quickly contented to leave it , and take up one of his old notes ; for he immediately sayes , pag. . we have noted before , that by his rules framed against tythes , all donations made by papists , on consideration of meriting , and expiating their sins thereby , are void : and this will destroy a great many of these hospitals , and gifts to the poor . that is not the consequent of my aguments against tythes , but an inference of his own making to shelter tythes under . all donations made by papists are not void , because some are . the donations of tythes were designed to uphold and maintain a worship and ministry that were false and antichristian : but donations to hospitals for the sustenance of the poor , had no such intendment . the papists ( as i observed before , chap. . sect . ) in their ●ivil and politick capacity did many things well and commendably , but what they did in their religious capacity was stark nought . but he says , ibid. by my own confession , all hosp●tals endowed out of tythes , and all gifts to the poor granted out of tythes for perpetuity , are void . what then ? if men will give that which belongs not to them , the fault is in themselves . though charity be an excellent vertue , yet it may not patronize ●njustice : nor indeed is that to be acounted charity which is repugnant to justice . now if the donors of tythes ●ad no power nor right to make such perpetual donations of tythes as are now claimed , but that such donations do violate the rights of others , ( as in my former book , i have argued at large , pag. , , , , , . and also in this , chap. . sect. . then may not any pretence of charity be urged to justifie such violation . athird sort , he says , ibid. of these charitable donations , consist of perp●●ual rent-charges , and certain sums of money to be paid yearly forever , out of the profits of some certain estate . now , he says , the occupiers of the lands thus charged , must sell such part of the profits produced by their labour , sweat , stock , skill and industry , and when it is turned into mony , ●ust pay it intirely to the poor , &c. pag. . this he would make a parallel case to tythes ; but it is not , as i have already shewed , chap. . sect. . for this rent-charge doth not lie upon the stock , nor upon the occupier , unless he be proprietor of the lands , or by particular contract with the proprietor hath taken it upon himself . but it lies upon the land , being charged thereon by him that was then actually seized of the land , or had at that time a legal property therein , and the burden descending with the inheritance , the heir is fain to undertake the burden , because he cannot else enjoy the land. but the tenan● who occupies this land and imploys his stock upon it , is no way at all concerned in this payment , because it goes out of the rent , unless it be otherwise provided by private agreement between the landlord and him . but there is no proportion between tythe● and this , for tythes is a burden lies upon the stock● ( which the donors of tythes were not actually se●zed of , nor had a legal property in ) and goes not out of the rent , but out of the stock , and the landlord is not concerned in it , but the tenant . and if the proprietor occupy the land himself , it is by reason of the stock he uses upon the land that he pay● tythes , not by reason of the land ; for if he hath the land in his hands , and hath no stock upon it , but lets it lie and makes no profit of it , he has no tyth● to pay for the land ; though if at the same time he imploy his stock any other way , he is liable to pay tythe of the profit of his stock . but though he make no profit of his land at all , yet the rent-charge he must pay . the priest says , he knows an estate of forty pounds per annum , charged with the payment of ten pounds per annum forever , to the poor . suppose the utmost profits of that estate should some years ( through ill seasons , blastings , or other accidents ) fall under ten pounds , shall the owner be excused from paying ten pounds ? if not , he may see thereby that the charge lies upon the lands , not upon the profits : for what if the owner make no profits at all , that will not destroy the rent-charge . if he can improve his forty pounds a year to an hundred , he shall pay but ten pounds out : and if he should make less then ten pounds of it , yet ten pound● he must pay . this shews it to be of a quite different nature from tythes , and therefore not ( as the priest suggests ) in any danger of being destroyed by the downfall of tythes . having now removed the priest's objections , and ●lear'd my argument against tythes from being destructive of rent-charges , and other sums of money given to relieve the poor , i cannot but take notice of the seeming compassion the priest shews of the poor , and the care he pretends to have of their rights : and considering withal , how great a self-interest ●●es at the bottom , it brings to my remembrance the story of iudas , ioh. . , , . and the account the holy pen-man gives of him , ver . . viz. this he said , not that he cared for the poor , but because — &c. § . the next thing the priest quarrels with , is a position ( he sayes of mine ) that tythes are a greater burden than rents . this he pretends to take out of pag. . of my book , in which there is no such . possibly he might deduce it from my arguments in that place : but then he should have so represented it , and not have called it my position . the truth is , the position is in it self so 〈◊〉 ( saving that it seems to make rents a burden , which simply they are not ) that i cannot but like and defend it ; though i blame his over-forward and unwelcome boldness in making positions for me . but hear what he sayes to this position , of his own making , pag. . it would seem a paradox , that two shi●●ings is a greater burden than twenty , but only that nothing is so easie , but it seems difficult , when it is done unwillingly . as he has stated it , it may well seem a paradox : but state it aright , and it will not seem any paradox at all . it is not the unwillingness in paying , but the injustice in requiring , that makes the payment a burden . in claims equally unjust , the greatest claim is the greatest burden : but where one claim is just , and t'other unjust ( as in the case of rent and tythes ) the unjust claim is the greatest burden , be the sum more or less . two shillings exacted where it is not due , is a greater burden than twenty shillings demanded where it is due . two shillings for nothing is a greater burden , than twenty shillings for twenty shillings-worth . this is no paradox at all , but plain to every common capacity . and thus stands the case between tythes and rents . tythes are a burden , because they are not just , not duc : rents are not a burden , because they are just , they are due . tythes are a burden , because they are exacted ( of the quakers at least ) for nothing : rents are not a burden , because they are demanded for a valuable consideration . thus his paradox is opened . but he is highly offended with me , for saying , i doubt not but , if every english-man durst freely speak his own sense , nine parts of ten of the whole nation would unanimously cry , tythes are a great oppression . this has so incensed him , that , not able to contain , he calls me a seditious libeller ( forgetting perhaps , that his own book is nameless ) and sayes , pag. . t. e. not content to discover his own base humour , measures all mens corn by his own bushel ; and ( as it is the manner of such as are evil themselves ) he fanci●s all men pay their tythes with as ill will as the quakers , and impudently slanders the whole nation . i step over his scurrillity and ill language , and tell him , first , if this be , as he sayes , a slander , himself hath made it a tenth part bigger than it was , by stretching it to all men and the whole nation , which he himself acknowledges wa● spoken of but nine parts of the nation . i did not say all men and the whole nation would call tythes a great oppression : for i suppose some , in a devout mistake , may be as ready to pay , as the priest is greedy to receive them . secondly , i am not at all convinced that it is a slander , but do believe it a real truth . and though he sayes , common experience proclaims me a lyar herein , there being very few parishes , where nineteen parts of twenty , do not pay their tythes freely as any other due . i dare appeal to eighteen parts of his nineteen , whether this be true or no. but since it is hard to take a right measure of peoples freedom and willingness herein , while the lash of the law hangs over them , it were greatly to be wished that our legislators , in whose power it is to decide the doubt , would be pleased to determine the controversie , by taking off those laws and penalties , by which the people are compelled to pay tythes , and leave them wholly free in this case , to exercise their liberality towards their ministers , as god shall incline and inlarge their hearts . and truly if the priest dislikes this proposition , it is a very great argument , either that he doth not believe what himself said but now ( viz. that nineteen parts of twenty pay tythes freely ) or that he doth greatly distrust the goodness of his ministry . at length he takes notice of the reason● i gave why rents are not a burden as tythes . the first reason he thus gives , the tenant hath the worth of his rent of the landlord , but of the priest he receiveth nothing at all . to this says he , i answer , the heir of an estate charged with a perpetual payment to the poor , receives nothing from the poor to whom he pays the money ; yet this is no oppression , pag. . though the heir receives nothing from the poor , yet he receives the estate which is so charged , under that condition of paying so much money to the poor , which estate otherwise he should not have had . the he●● then doth not pay fo● nothing , although he hath nothing from the poor to whom he pays ; for he hath that very land in consideration , on which the payment to the poor is charged . thus the heir is safe . then for the tenant , he is not at all concerned in the matter ( unless it be by private contract ) it goes out of the landlord's rent , not out of the tenant's stock . and if the tenant , by the landlord's o●der , pays it to the poor , he doth it in his landlord's name , by whom it is accepted as so much rent paid . but tythe is quite another thing . for first , the heir doth not receive the land unde● condition of paying tythe , nor forfeits ●e the land for not paying it , neither is tythe charged upon the land , as the payment to the poor is , ( of which see before , chap. . sect. . and sect. . ) then secondly , the tenant is liable to the payment of the tythe , not out of his rent , but out of his stock , over and above his rent and the land-lord is not concerned about it , unless any private agreement antecede . thus it appears his instance of a rent charge to the poor is quite beside the business , and his answer is no answer to the reason i offered . but he seems to have another . again , saith he , the tenant receives as much from god , as he doth from his landlord : for we think , that land is not more necessary to the increase , than god's blessing , ibid. nor so necessary neither , say i , since increase may be without land , but not without god's blessing . the tenant therefore receives more from god , than he doth from his landlord : for from his landlord he receives land only , and that upon a rent ; but from god he receives all he hath , his stock , his crop , his health , his strength , &c. and that freely . as therefore he receives all from god , so unto god ought all to be returned . god's wisdom , counsel and holy fear ought to be waited for , and regarded in disposing and imploying those things , which god hath been pleased to give . but what is this to the priest or to tythes ? why , says he , upon that consideration our pious a●c●stors obliged their h●irs forever to give god his part of the pr●fits , because both they and their heirs were yearly to receive all their increase from his blessing , ibid. what is god's part of the profits ? if all the increase be received from his blessing , how comes he to have but a part of the profits ? where hath god , under the gospel , declared the tenth part parti●ularly to be his ? or who had power to assign that p●rt to him that is lord of all ? he urges for a law , the saying of king edward the confessor , of all things which god gives , the tenth part is to be restored to him , who gave us the nine parts together with the tenth , pag. . whence ●dward the confessor learnt that do●trine , may easily be guessed , if we consider in what time he lived . speed says he was crowned king of england in the year . and says the author of the conference , in his vindication , pag. . mo●● of the present evil opinions of the church of rome , had their original in those unlearned ages , from about the year . to about the year . about the mid-night of which darkness , there was scarce any learning left in the world ; — these ( says he ) were the unhappy times , which bred and nursed up invocation of saints , worship of images , purgatory , 〈◊〉 all the fanatical visions and revelations , miracles , &c. then began shrines , pilgrimages , reliques , purchasing of pardons , and the popes attempts for a● universal monarchy . and though he here mentions some particulars , yet he said but a few lines before , at the same time ( that learning fell into decay ) all manner of corruptions crept into the church , &c. now according to his computation of time ( for the rise and growth of popery , and of all manner of corruptions ) from about the year . to about the year . his mid-night of darkness must fall about the year . and this k. edward the confessor entring his reign in the year . it is manifest that this law of his for tythes was made in the very mid-night of darkness . hence the reader may observe , that although this k. edward , to whom ( as camden observes ( brittania , pag. . ) our ancestors and the popes vouchsafed the name of st. edward the confessor , was a man of great justice , temperance and vertue , but especially continency ( for which it seems , in that incontinent age , he was sainted ) yet that he learnt this opinion ( of the tenth part being due to god ) in the mid-night of darkness , when there was scarce any learning● est in the world , when all manner of corruptions were either crept or creeping into the church , and wherein most of the present ●vil opinions of the church of rome had their original ; which makes the quotation not much for the priest's credit . and truly , if it had been , as he intimates , an act of piety in our ancestors to give tythes and that upon that consideration , that both they and their heirs were yearly to receive all their increase from god's blessing : they had done i think but equally , to have left their po●●erity at liberty , to have acted in like manner from the impressions of piety , rather than for the necessity of paternal obligations , supposing their injunctions ( in this case ) obligatory . as for what the priest here takes for granted , that the tenth is god's peculiar part , it is but an old popish opinion ( by which the world hath been too long gulled ) which never was , nor ever can be proved , with respect to gospel-times . and to be sure , when ever he pleads god's right , he makes himself god's steward and receiver . he says here , now the priest is but god's steward and receiver ; and if it were true , that the tenant did receive nothing from the steward of god , yet he might justly pay him tythes for his masters sake , from whom he receives all . there were some of old , who , with as much con●idence and little truth , affirmed themselves to be the children of god , as this priest doth , that he and his brethren are god's stewards and receivers . but the answer which christ gave unto them , iohn . . is very observable , and no less applicable . the tenant ( says the priest ) receives nothing from his landlords steward , and yet he pays his rent to him , or to any other whom his landlord assigns to re●eive it . true : but two things first he makes himself sure of . one , that the sum demanded is indeed his landlords due . the other , that the person demanding is indeed his landlord's steward , or by him assigned to receive it . the tenant , though he pays his rent to the steward , contracts with the landlord ; and if at any time any doubt arises about the rent , they rec●●● to the lease for decision . now if the priest would make any advantage of his s●mile , he should prove if he could ) that god hath any where declared under the gospel the tenth to be his peculiar part , which the priest hath often b●g'd a concession of , but has no way to prove : for if we have recourse to the holy records , the scriptures of the new testament , from thence to be sure he can fetch no proof that tythes are god's peculiar part , since by his own confession , pag. . tythes are not mentioned in the gospel or epistles to be the very part . besides , the tenant , though the rent be certain and acknowledged , is not forward , if wi●e , to part with his money to every one that calls himself a steward , and takes upon him to be his landlord's receiver . but he expects a plain and satisfactory proof that the person so pretending is indeed deputed by his landlord to that service . now then , if , according to this simile , the priest would say or do any thing to the purpose , let him first prove tythes or the tenth part to be gods peculiar due under the gospel ; and when that shall be agreed on , we will , if he please , in the next place examine his deputation , and see how well he can make it appear that god hath appointed him for his steward and receiver . in the mean time his precarious and petitionary pleas are neither helpful to him nor creditable to his cause . but ( he says , pag. . ) after all this , the quaker is a notorious falsifier , in saying , the tenant receives nothing from the priest : for he receives his prayers and his blessing , his preaching , and other administrations . if the tenant be a quaker , the priest is a notorious falsifier ; for he knows full well the quaker receives none of all these of the priest. the quaker doth not be●ieve the priest's prayers or his preaching either to be worth receiving . and for his blessing , as the quaker doth not desire it , so he is so far from receiving it , that he seldom goes without his curse . then for his other administrations ( as he calls them ) 't is well known , they that receive them , pay roundly for them over and beside their tythe . he comes now to my second reason , which he thus gives , pag. . rent is a voluntary contract , & volenti non sit injuria ; but tythe is not voluntary now , but taken by force . to this he thus answers , very good ! by this rule then it appears , that tythes are not ( as he falsly affirm'd but now they were ) a general oppression : for the generality pay them willingly ; and many thousands contract with their landlord and their parson to pay them as voluntarily , as they do to pay their rents . that the generality pay tythes willingly , is a confident assertion contradicted by common experience , scarce any one thing producing so many suits at law , and so much strife and contention as tythes . in one sense i confess they may be said to pay willingly ; that is , they are willing to pay the tenth , rather than have three tenths taken from them . so that being under a necessity of bearing one , they chuse that which they take to be the lightest burden , and least suffering . and if in this sense he means they pay willingly and contract voluntarily ; such contracts and payments are much-what as voluntary as a traveller's delivering his purse to an high-way man p●esenting a pistol to his breast : or as some school-boys putting down their own breeches , not out of any great willingness sure , they have to be whipt , but because they had rather by that means come off with three lashes , than by refusing so to do , suffer three times as many . but sayes the priest , ibid , all things are not oppressions that are paid involuntarily ; for some knaves will pay no just dues to any without compulsion , &c. it is not the unwillingness to pay , that makes the oppression ; but the injustice and inequality of the payment . iust dues are no oppression : but his supposing tythes a just due , is a begging of the question . rent is a just and equal payment , for which the tenant receives the value of what he pays . and t●ough the priest says , pag. . no doubt the quakers could ●ish rather there were no rent to be paid neither , and they voluntarily covenant to pay rent , because they cannot enjoy the farm without that charge . yet no doubt he is conscious to himself that he slanders the quakers in this also : for it is very well known the quakers are as willing to pay their rents , ( or any other just d●es ) and are as good tenants to their landlords , as any others are , to say no more . the quakers know rents to be just and reasonable : and they do not desire to reap the benefit of other men's lands for nothing , as they are not willing the priests should reap the benefit of their labour for nothing . in short , the quakers do conscientiously pay rents ( and all other just dues ) from a principle of equity and justice ; as well as from the same principle they do conscientiously refuse to pay tythes , which are against equity and iustice. the priest undertakes to make it appear , that the quakers did voluntarily contract to pay tythes . if ( says he , pag. . ) tythes be not mentioned in t●e contract , then the laws of england suppose that the tenant consents to pay them . this is a supposition of his own supposing , which he grounds upon this reason , that tythes are a known charge upon all land ; whereas tythes ( as i have proved before ) are a charge upon the stock , not upon the land , and are paid out of the profits of the stock , not ●ut of the rent of the land. but if tythes were a charge upon the land , as rent-charges , annuities and other customary payments are , they would then issue out of 〈◊〉 rents , and the landlords , not the tenants , would be 〈◊〉 ●hereto . thus his reason being removed , 〈◊〉 supposition ●alls together with what was built upo● it . § . in his next section the priest says , t. e. comes ●o his last reserve . i wish be were come to his last falshood , that after that i might expect truth from him . that which he calls my last reserve he thus gives , pag. . viz. that tythes were really purchased by the owners of estates : for which he quotes pag. . of my book , & gives this for my proof , viz. they purchased all that was not excepted out of the purchase : but tythes were not excepted ; therefore the purchasers bought them , and may sell them again ; and says , if i can make this out , this alone will do my business . although i doubt not this passage in my former book will give satisfaction to any indifferent reader , yet seeing the matter is proposed anew , i will ●ndeavour to open it a little further . first therefore i desire the reader to consider what it is the purchaser buys . . what it is tythes are demanded of . the purc●aser buys the land , and that he buys intire : no tythe-land , no tenth acre is ever excepted expresly or implicity ; but he buys the whole field or farm , the tenth part as well as the nine . but in this purchase he buys the land , not the profits or increase which by husbandry and manuring may arise upon the land in time to come ; for they are uncertain , and the seller who makes him an assurance of the land , will not undertake to assure him a future increase and profit from the land ; nor were it reasonable to expect it . since then this is a purchase of lands which the priest doth not lay any claim to , let us next enquire what it is the priest demands tythes of . the priest himself shall answer this , who in his right of tythes , pag. . says expresly , we grant to t. e. tythes are due out of the profits only ; and therefore if god give no increase , or the husband-man have nothing grow , we expect no tythe at all . hence then it is clear he claims no tythes of that which the buyer hath thus purchased ; he lays no claim to any part of the land. thus far then the buyer hath purchased all , the whole , every part : and the priest doth not so much as pretend a right to any of the land he hath bought . now then let us come to the other purchase ( if i may so call it ) that out of which the priest claims tythes , viz. the profits and increase . of this in my former book , pag. . i said thus , when he has this land , if he will have profit and increase from it , he must purchase that after another manner . he pays for that ( and many times dear enough too ) by the labour and charge he bestows in tilling , dressing and manuring it . and if in this sense he may be said to purchase the nine parts of the crop or increase , in the same sense he purchaseth the tenth part also : for he bestows his charge and pains on all alike ; and the tenth part stands him in as much as any one of the nine . thus then the buyer first purchaseth the land : and afterward the occupier , whether owner or tenant , purchaseth the crop. the one buys the land by laying down so much money : the other obtains the crop by bestowing so much charge , and so much labour , &c and as in the purchase of the lands , the buyer doth as really buy the tenth acre , or tenth part of the lands , as the ninth , or any other part of the nine : so in the purchase of the crop , the occupier doth as really purchase the tenth part of the profits and increase , as he doth the ninth , or any other part of the nine ; and after the same manner he lays his dung on all alike , he sows his seed on all alike , he plows all alike , he bestows his pains and charge , and exercises his skill and care equally on all . thus it appears that tythes are really purchased by them , by whom the nine parts are purchased , and do really belong to them to whom the nine parts do belong ; whether tythes be understood of lands , or of profits . if of lands , the purchaser doth as really buy the tenth acre , as any of the nine , and gives as much for it : nor doth the priest claim any property therein . if of profits , the tenth sheaf , or tenth part of the crop , doth cost the occupier as much to the full , as any other of the nine parts . now seeing the priest says , if i can make out this , this alone will do my business : i hope the reader will find it here so plainly made out , that he will be satisfied my business is done . what the priest urges as the opinions of some lawyers concerning tythes , is of the less weight , because they are grounded on this mistake , that tythes are of divine institution ; which error hath misled too many . his reflections on me ( of insolence and novice ) i regard not at all ; but pass from his railing to see if i can find any reason from him . he puts a case ( pag. . ) thus , a. purchases an estate in b , of c , the tythes whereof are impropriatc , and belong to d : now will the quaker say that a. purchases d' s estate in the tythes , without his knowledge or consent , by vertue of the general words in the co●veyance from c ? he takes for granted what i deny , viz. that the tythes belong to d. the tythes belong to the occupier of the land , to him to whom the other nine parts belong ; and he hath the same right , in justice and equity , to the tenth part as to the other nine . if c. sells his land , what is that to d ? d. doth not claim the tythe of that land , nor pretend a right to any part of it . what wrong doth c. do then to d. in this sale ? or how can c. be taxed with selling d's right , whenas d. neither hath , nor pretends to have , a right to any part of the land which c. sells ? the claim that d. makes is not to the tythe of the land , but to the tythe of the profits ; which profits c. neither did sell nor could . but after a. hath bought the land , he must to purchasing a new for a crop , if he expects to have one ; else he may be sure to go without . he therefore to obtain a crop , layes out his stock , bestows his labour , takes pains and care , early and late ; and in due time , by god's blessing upon his honest endeavours , receives a crop , sometimes with advantage , sometimes with loss . but although the priest sayes ( pag. . ) tythes are due out of the profits only , yet whether there be gain or loss , whether there be increase or decrease , whether there be profit o● no profit ; no sooner is the crop made ready , but in steps the priest or impropriator , and sweeps the tenth part of it clear away ; although a. had laid out his money and labour upon all the parts of his crop alike , had paid as dear for the tenth part as for any of the nine , and hath thereby , in justice and equity , as good a right to that which is thus taken from him , as to any of the rest which is left behind . thus the priest's case being opened and answered , it appears that neither a. nor c. do any wrong to d ; but that d. doth wrong to a. in taking from him that which he hath honestly ear●ed and dearly paid for . and now the priest may return , if he please , to his a. b. c. anew . but he sayes , the quaker fraudulently leaves out those words of the conveyance which would have discovered his knavery in this false assertion . i thus exprest the words of the deed , viz. that the seller doth'grant , bargain , sell , &c. all that , &c. with its appurtenances , and every part and parcel thereof ( the tenth , said i , as w●ll a● the nine ) and also all the estate , right , t●tle , interest , property , claim & demand whatsoever , &c. there ( says the priest ) he stops with an 〈◊〉 ●●cause his shallow reader should not see what follows in the deed , viz. [ estate , right ] — which i the said a. have or ought to have in the premises : which words ( sayes he ) do manifest , that the purchaser buyes no more estate or right than the seller had to or in the premises , p. . he must doubtless have been a shallow reader indeed , that should have thought i intended the purchaser had bought more of the seller , than the seller had to sell ; and i take it to be no argument of the priest's depth to suggest it . the seller had a sufficient right to the whole estate , to every foot of the land he fold ; and the buyer hath the same . but ( saye● the priest ) the seller did not purchase the tythes himself , nor did they descend to him from his ancestors , &c. tythes are not claimed of the land , but of the profits only , or of the yearly increase of renewing , which the occupier of the land purchases another way . if the seller , before he sold , had the land in his own occupation , he then purchased the tythes himself , as much as he did the other nine parts of his crop. but to talk of tythes descending from ancestors , argues the priest doth not well understand what it is himself claims . tythes did descend to the seller from his ancestors , as much as the other nine parts of the profits . but neither one nor the other can properly be said to descend from the ancestors to the present possessor , seeing both the nine parts and the tenth are the yearly increase , produced ( instrumentally ) by the yearly labour , charge and care of the present possessor . that which descends to a man from his ancestors , is what his ancestors were possest of , or had a right unto : but no man's ancestors could be possest of , or have a right unto those profits of yearly increase which in their times were not in being , but are since produced by the labour and charge of another . but he says , pag. . if t. e. would know the reason why tythes are not excepted in the purchase by name , as free rents and rent charges sometimes are , i answer , ( says he ) free rents and rent charges , &c. are laid upon land by private contracts , and could not be known ( unless they were by name excepted ) to be due out of such an estate : whereas tythes were a publick donation , &c. this with some may pass for a reason ; but if he were willing to give the true reason , he knows that as free rents and rent charges are laid upon land , and are paid out of the rent of the land , without regard to the increase that is made : so the burden of tythes lies upon stock , and is due ( as he says ) out of the profits only ( without regard to the rent of the land ) which profits are the improvement of the husbandman's stock , through god's b●essing on his industrious diligence and labour : it were very improper therefore to except tythes out of a purchase of land , seeing tythes are not charged on the land , nor claimed of the land. § . he quarrels next with a demonstration of mine , the occasion whereof was this . the author of the conference , pag. . said , though the tenant pays tythes , yet are they no inconvenience to him , because he pays less rent in consideration thereof . to shew the fallacy of this position , i urged that if it should be granted , that the tenant payes less rent in consideration of tythes ( which yet i said is questionable ) yet the aba●e●ent , which ●e is supposed to have in rent , is not proportionable or answerable to the value of the tythes he pays ; and thus i undertook to demonstrate it . suppose a landlord lets a farm for l. a year , which if it were tythe-free would yield l. the tenant , to pay his rent , defray all his charge of husbandry , and have a comfortable subsistence and maintenance for himself and his family , must ( according to the computation of skilful husbandmen ) by his care , industry and labour , together with the imployment of his stock , raise upon his farm three rents , or three times as much as his rent comes to , which will make l. and the tenth part of l. is l. so that if the tenant should have l. a year abated in his rent because of tythes , and he payes l. a year because of tythes , then does he pay l. a year in l. more than he is supposed to be allowed in his rent . against this the priest both cry out , and make no little noise . and first , the author of the conference in his vindication , pag. . would ●ain from hence infer , that tenants have really abatements in their rents in lieu of tythes : and therefore having first ( to shew how copious he can be in scurrilities , and what variety of ill language he has to express himself by ) said , i perceive the quaker begins to sneak ; he adds , an abatement it seems there is . but how doth it seem there is an abatement ? why he is willing to turn my [ if ] to an [ is ] and strain a position out of my supposition . but these shifts discover the strait he was in , and how near he was sinking , that would catch at such a twig to hang by . then he excepts at the demonstration for uncertainty , because i did not say whether the farm of l. a year consisted in tillage , or in pasturage : yet he acknowledges , that the tythes of a farm of that value ( l. a year ) consi●●ing in tillage may be worth l. a year . on the other hand , the other priest , in his right of tythes , pag. . says , i believe all the parsons in england would compound with the quakers after this rate that the landlord allows ( that is , supposing the landlord did really allow l. in l. rent . ) and in pag. . he says , what parson did ever receive l. per annum for a l. farm ? experience , says he , teacheth us , that — we scarce every get so much as s . for l. rent , unless where there is very much corn , but take the church-livings one with another , and there is not above l. a year made of a farm upon the improved rent of ninety pound per annum . thus they contradict one another . neither is this last priest any more consistent with himself : for among the reasons he gives why they scarce ever get so much as s. for l. rent , he mentions ill payments , and conc●alment ; forgetting it seems , that he had said but a few leaves before , there are very few parishes , where nineteen parts of 〈◊〉 do not pay their tythes freely as any other dues , pag. . how ill do these two sayings hang together ! nineteen parts in twenty pay their tythes fr●●ly as any other d●es , and yet the priests can scarce ever get so much as s. for l. rent , by reason of ill ●ayments and conc●alment . thus he contradicts himself , as before he did his brother . but he sayes , pag. . i will not like t. e. make suppositions at random , but give an instance of my own knowledge . it seems then he understood the case i proposed to be but a supposition , and accounted it a supposition at random too ; yet so little ingenuity had both his brother and he , and so much need of shifts and contriviances , that they were willing to take this random supposition ( as he calls it ) for a positive con●lusion that the landlord doth abate l. in l. in co●sideration of tythes , and make what advantages they could there-from , as if it were a real and certain thing . nay , he thereupon asks if the quaker be n●t a knave , for putting this l. per annum in his own pocket , which the landlord abated in consideration of be paid . but did he ever know a quaker that desired an abatement of rent in consideration of tythe to be paid , or that accepted an abatement from his landlord , upon that consideration ? if he knows any such , let him not spare to name him : if not , it will appear his suggestion is both false , and pro●eeded from an evil mind . the instance he ●ets against my supposition , is this , pag. . the parish of a. yields in rents to the landlords at least l. per annum : but in the best years , the tythes there are not worth l. per annum . he did warily not to name this parish , lest he should be convicted of falshood . but seeing he says they scarce ever get so much as s. for l. rent , unless where there is very much corn : and that , take the church-livings one with another , there is not above l. a year made of a farm upon the improved rent of l. a year made of a farm upon the improved rent of l. a year , and gives the parish of a. for an instance : to answer his instance , i return him a case which his brother parson gives in his vindication , pag. . and says it is a ●eal case , if they dare believe one another . it is of a farm rented at l. a year , which the priest himself ( as he says ) being to purchase for another chose two neighbours to view and value . they , comparing it with other farms in the same village , found it worth but l. a year , according to the rates that other men paid . this being objected to the seller , he replied that he who paid l. a year was discharged from tythes , whereas he that paid but l. had tythes to pay . hence it appears , that the tythe of this l. a year was rated at l. by which proportion ( according as the priest himself hath stated his case ) the tythes of a farm of l. a year come to l. so that the difference is but l. in l. between one priest's account and the other's , unless we take in the parish of a , and then the odds is above half in half . some other trifling objections the priest urges against my supposed case , as first , that i suppose landlords better than usually they are . secondly , that i suppose the tenants get more profit than any of them actually gain , or then ( says the priest ) it is reasonable they should : for ( says he , right of tythes , pag. . ) if the landlord receive only one l. the tenant hath another l. to repay him for his charge , care , and pains in managing , and a third l. the tenant hath remaining clear profit to himself , &c. he reckons wrong : for if he thinks l. will repay the tenant his charge , care and pains in managing a farm of l. a year in tillage , and keep his house beside , he is greatly mistaken ; but if he would have it that this l. will defray his charge of husbandry only , and lay the charge of his house-keeping on the third l. which he fancies the tenant hath remaining clear profit to himself , he will find that by that time all houshold expences are defraid , for the maintaining such a family as the management of such a farm will require , there will not be much clear profit remaining . and yet i think , how unreasonable soever it may seem to the priest , all reasonable men will judge it reasonable , that the tenant should have some clear profit remaining to himself , to support him against acciden●●l l●sses , to enable him to exercise charity towards others , and to make such necessary provisions for his family , as may be suitable to his condition . but not to insist too particularly hereon , i let the priest know , that his brother parson ( the author of the conference ) is in this case on my side , and against him . for he says ( in his vindication , pag . ) a far● of that value ( viz. l. a year ) consisting in tillage may be worth ( as he says , meaning me ) l. per an . — to the parson . this first , confirms my computation , namely , that upon a rent of l. a tenant had need make l. how else should the tythe be worth l. which is but the tenth part of l. unless the priest takes more for the tythe than the full tenth part of the profits ? secondly , this shews the falshood of the other priest , in setting the tythe of a l. farm at but l. a year . thus these priests fall one against another . but ( says the author of the conference ) suppose a quaker enjoy a farm of l. per annum rent , and the landlord abate l. a year in consideration of tythes . or be it questionable whether he abate any thing upon that consideration . i 'le tell you what is not questionable , that the quaker will pay nothing , and will pay this neither to the landlord nor priest , vindication , pag. . this ? what this ? this abatement ? why himself makes it questionable whether there be any abatement upon consideration of tythes , or no : and if there be not an abatement upon that consideration , what hath the quaker to pay ? or how is either the landlord or the priest cozened by the quaker ( as he unfairly suggests one of them shall be s●re to be ? ) the landlord is not ●ozened by the quaker's not giving tythes to the priest : since the quaker did not receive any abatement from the landlord upon consideration of such a gift . nor would the quaker accept an abatement upon those terms , were t●e landlord never so willing to make one . the landlord , if he hath a mind to bestow any thing on the priest , may take his own course therein , but the quaker will have no hand in it . the priest is not cozened by the quaker's not giving him tythes , and indeed it were strange to think he should , since in that respect he has nothing to be cozened of ; for the quaker owes him nothing , nor has any trading with him , by means whereof he might come into his debt . thus neither landlord nor priest sustains any wrong by the quaker : for the quaker pays the landlord du●ly for what he receive● of him , according to the contract between them . and if he pays nothing to the priest , it is because he owes him nothing , nor receives any thing of him . but if no gentler word than cozenage will serve the priest's turn , i leave it to the reader 's consideration , whether of the two is in reallity the cozener , the quaker in refusing to give away the tenth part of his labour and l●st profits to the priest , to whom he knows he owes nothing , and from whom he receives nothing : or the priest in getting away , by one means or other , the tenth part of the quaker's crop , and yearly increase of his st●ck and labour , for nothing . but to return to the other priest , author of the right of tythes . § . he in his . sect. pag. . frames a quotation out of pag. . of my book , and gives it thus . the landlord's dealing is far more merciful than the priest's ; for the landlord allows two parts to the tenant for his charge and subsistence ; but the pri●st takes the full tenth part of the increase of the whole farm , and leaves the poor farmer no consideration for his toyland charge . to this he gives several sorts of answers , whereof the first is this , that there are few landlords who take so little rent as one part of three , and few priests get so much as a full tenth part of all manner of profits : so that ( says he ) this argument is faulty on both sides , and halts on both legs . to the first part of this [ v●z . that there are few landlords who take so little rent as one part of three ] his brother priest shall reply for me , who in his vindication , pag. . says , a farm of . l. a year consisting in tillage may be worth ● . l. a year to the parson . that it cannot be , unless it be worth l. ● year to the tenant , which being thrice as much as the rent , plainly shews the landlord takes no more then one part of three . to the latter part [ viz. that few priests get so much as a full tenth part of all manner of profits ] this priest himself shall answer himself , who in his right of tythes , pag. . says , there are very few parishes , where nineteen parts of twenty do not pay their tythes freely as any other dues . if this be true , then there are very few parishes , wherein the priests do not get of nineteen parts of twenty the full tenth part of all manner of pr●fits : for what should hinder their getting it of all them that pay tythes so freely ! thus , if this priest dares believe his brother priest for the first part , and himself for the second , he will find my argument is not faulty on either side , no● halts on either leg ; but that his brother and himself , by their o●ten interfering , and hitting one leg against t'other , are themselves become lame , and halt of both legs . another answer that he gives is this , the very same thing is done in annuities , free rents , rent-charges , donations to the poor , &c. the money is paid intire , and no satisfaction is made to the oc●upant for his pains in raising it ; yet none ever called these oppression , till t. e. appeared , pag. . here he thwarts himself again . he said but in pag. . there are some indeed who cry out against all publick payments ; and these do call not only tythes , but the landlord's rents , and assesments to the king , and r●lief to the poor , great oppressions . what could he have said more plainly opposite to his other sentence ! though for my part , i do not believe he spake truth in this assertion , nor that he is able to prove it by any instance : nor should i have thought it worth mentioning , but to let him see , that when men take the liberty to write any thing , true or false , they seldom come off without contradiction and shame . but to pass by his contradictions ( which are too common with him to be much taken notice of ) let us examin his answer . he says , in annuities , free-rents , rent charges and donations to the poor , the money is paid intire , and no satisfaction made to the occu●ant for his pains in raising it . this is false . for if the occupant be the owner , he receives the land under the condition of such payments , and the inheritance is satisfaction to him : but if he be but t●nant , he either is not at all concern'● in those payments , ( but the landlord discharges them out of his rents or otherwise ) or if by contract he pays them at all , it is but as part of his rent , for which he has proportionably the same satisfaction from his crop , as he hath for the other parts of his rent . another answer he gives thus , ibid. we labour spiritually for them , who take bodily pains for us : and indeed the parishioners give us nothing at all ; but only this pains they take in making god's part ready . doth he think that nineteen parts of twenty in most parishes , or nine parts either , believe tythes to be god's part , or make it ready as such ? let him not so deceive himself . the world hath been too long gulled already with such pretences ; which might pass for currant in former ages , when darkness covered the earth , and gross darkness the people : but now that light is broken forth , which discovers they are but counterfeit , and as really false as seemingly fair . his triple plea of divine , donative and humane right ( which here again he mentions ) taken out of the triple crown ( i mean derived from a popish power ) is already so fully answered in several parts of the fore-going discourse , that it would be improper here to discuss them again . but seeing he says , we ( the priests ) labour spiritually for them , who take bodily pains for us . if● he speak it with respect to the quakers , i must take the liberty to tell him , he speaks that which is not true : for the priests do not labour spiritually for the quakers , but in an evil spirit do often labour against them , through coveto●sness and envy , casting them into prison , and spoiling them of their goods for nothing : by which means many industrious families , being stripped of those necessaries , which by the blessing of god on their honest labours and diligent endeavours were provided for their subsistence , have been reduced to great wants , and became objects of good mens charity , as well as examples of the clergy's cruelty . and hence have the groans of many a distressed widow , and the cryes of many a fatherless and helpless child ( made so by the priests means ) entred the ear of the god of vergeance , who certainly will repay . with respect then to the quakers the priest's position is false ; and ●ruly with respect to his own hearers the reason of it will not hold . for supposing him to labour spiritually for them , as they take bodily pains , for him , yet inasmuch as he is not tyed to any certain proportion of labour for them ( for though the priest● preach and pray by the hour-glass , yet i never heard they were strictly bound to make their prayer or sermon just an hour long , neither more nor less ) there is no reason they should be tyed to a certain proportion and quantity of labour for him ( which they are , when the exact tenth is required of them ) but that they should be free , and at liberty in their labour for him , as far at least as he is in his labour for them . but he says , ibid. if our ancestors enjoyned their s●ccessors to give the priest the tenth part without his taking pains , it was no more injustice in them , than in king david , who made his part who tarried by the stuff , equal to his who went down into the batt●l , sam. . . t●e comparison is not equal , nor the cases alike . david in distributing the spoils , ●ispo●ed but of that which was his own : for the spoyls b●longed unto him , both as he was anointed king , and as he was captain general of the whole army ; therefore we read in the text , verse . and david took all the flocks , and the herds , which they drave before thos● other cattel , and said , this is david's spoyl . but will any man ( pretending to understand himself ) say of the husband-man's crop at this day , these are ●thelwolf's profits , who has been dead above . years before these profits were in being ? besides , those . men whom david left at the brook bes●r , were not like any of the lazy clergy , that through pride or idleness refuse to work , expecting to be maintained by other men's labours : but th●y were fellow-souldiers with the other . that went , a part of the same army , engaged in the same service , and set forward with the rest in the same expedition , and went on together as far as they wer● able ; but having spent their strength in the three dayes march from aphek to ziklag before , and now again in a hot pursuit of the amalekites , they fainted on the way , and could not go over the brook besor , and therefore were fain to abide there . how unlike is this to the case of these lordly priests ! and how irrelative to the present purpose ! but , says the priest , finally , will t. e. say , it is oppression in the priest to take his full tenth , and make the country-man no satisfaction for his pains ? if this be oppression then god was the author ( according to t. e. ) and th● levites the in●●ruments of oppression , since they were ordered to take the full tenth without any compensation , pag. . that doth not follow , nor can be fairly inferred , unless the priests now were under the same circumstances that the levites were under , unless england were as fruitful as was the land of canaan , unless our laws and polity were the same with theirs , and unless we had as plain and positive a command to pay tythes as the iews had . tythes were suited to the state and condition of that country and people , and expresly commanded by god : but neither are they at all suitable to the state and condition of this country & people , nor any where commanded by god to be ●ow paid . there was an equality in the iews paying tythes to the levites , because the iews enjoyed the levites share of the land , and every fami● of the other tribes had their lot enlarged by the 〈◊〉 of the levites part amongst them ; so that tythe with them was but a kind of commutation or exchange for land. but it is not so in england : the priests here are not debarr'd from having lands as well as othe● men , but are equally capable of enjoying temporal estates , by descent , purchase , or otherwise , as the rest of the people are . besides , the land of canaan was so fruitful , that with less then half the charge which the english husbandman is now at , they frequently received six or eight , and sometimes ten times as much increase as lands in england usually produce ; by means whereof they might with more ease pay the full tenth to the levites , then the english farmers now can the twentieth part to the priests . thes● considerations , duly weighed , will make it evidently appear , that although tythes were not an oppression to the iews , yet they may be ( and are ) so to us , who have neither the same ( nor any ) command from god to pay them , nor the same ( nor any ) compensation for them , nor equal ability to undergo them , as had the iews . and though the priest says , the levites were ordered to take the full tenth without any compensation , yet therein he speaks not the truth : for they that paid the tythes had the levites 〈◊〉 ( viz. those lands which would otherwise have f●llen to the levites share ) divided amongst them : so that they had a compensation , lands for tythes . the priest's argument therefore is fallacious , and his conclusion utterly false . he infers not rightly when he says , if it be oppression in the priest to take the full tenth , &c. then god was the author of oppression . the consequence is not true : for in canaan , where god was the author of taking the full tenth , there it was no oppression ; and in england , where it is a● oppression , here god was not the author of taking the full tenth . thus we see , that for the priest to take the full tenth without making the country-man any satisfaction for his pains , may be truly called an oppression , and yet god not be thereby taxed with being the author of it . but these gross absurditie● the priest runs himself into by over-hastily and inconsiderately catching up a wrong conclusion , that what was lawful , just and equal between the iews and l●vites , in th● time of the law , and in the land of canaan only , must need be so in all times and places between other people and their priests ; not duely weighing the different circumstances under which the iews then stood , and others now stand . let us hear now how the priest says the country-man is compensated for his pains . s. augustine saith ( if the priest says true ) god gives us all the nine parts , in compensation for our pains , in providing the tenth for him , ibid. what a pretty notion is this , neither confirmed by scripture-evidence , nor backed with any reason . he thought ( it seems ) s. augustine's ipse dixi● would have passed , but it will not , at least with me . god gives us all the nine parts , 't is true , but not to reward us for providing him the tenth : for he gives us the tenth as well as the nine . and as he gives us all , so he expects we should use it all in his fear , and imploy it all to his honour , the nine parts as well as the tenth , and the tenth part as well as the nine . but he that thinks god gives him the nine parts upon condition that he shall provide the tenth for him , may be in danger to be begged , and so lose the nine parts too . another conceit the priest has to this purpose , which he pretends to fetch from sr. hen-spelman ; and that is of the sacredness of the number seven , and that by right god should have had a full se●enth part of our profits , but that in compensation for our pai●s he remits three parts , and so is content with a tenth . if this be true s. austine was out : for he ( according to the priest ) says , god gives us all the nine parts , in compensation for our pains , in providing the tenth for him : but this ( taking no notice at all of the nine parts ) says , god gives us back three parts of our profits in compensation for our pains , and instead of a seventh , is contented with a tenth part of our estate . methinks the priest might have considered , before he had brought these two sentences together , that there is some odds between giving nine parts in compensation for the pains in providing the tenth , ●nd giving back three parts in compensation for the pains in providing the seventh ; wherein not only the clai●s , but the allowances also for pains , are very disproportionable . however , if ( as he fancies ) god did give back to ●he iews three parts of their profits , in compensation for their pains ; then seeing the husbandmen here , in many places , are at well-nigh three times the pains and charge the iews were at , it might justly be expected that if god did now require any such tribute he , who is perfect justice , would make his abat●ments proportionable to the ●ains , which must necessarily be taken in providing his part , whence the same reason that is supposed to have bro●ght it from a sevent● to a tenth , on account of reward for pains , would long since have drawn it from a tenth to a fifteenth , as a more a●ple reward for gr●ater pains . but leaving these petty conceits to the judgment of those sober men to whom he propounds them , i will go on to that which the priest offers as a further answer yet to my objection . i will only add , ( sayes he , pag. . ) that the priest's payment is more merciful then the landlord's ; for the landlord expects his full rent , be the year ne●er so bad , or t●e profits never so few or small ; but the ● ri●sts part cannot exceed th● increase ; if it be little , he hath but little ; if god gives much , th● country●man is a●le to pay more . the landlord , i grant , doth expect his full ren● in bad years , as well as in good ; but he never expects more then his rent , be the year never so good . though he often consider the tenant's losses in bad years , yet if t●e best years happen within the term of his contract , he expects no advance of rent thereby . now , if there wer● truth in what the priest says of his own part , it were something to the purpose ; but alas ! it is utterly false . he says , the priest's part cannot exceed the increase . it may be he means , it should not ; but then the priests are the more too blam● in exceeding what they account their part : for certain it is , that where there is no increase , nay , where there is a plain and manifest decrease , where the crop is not so much as ●le seed that was sown , even there ●o the priests aim and take a tenth part . now why do they thus , if their part cannot exceed the increase ? doth not this convict them of taking a part where themselves confess they should have no part ? if a man sow twenty bushels of wheat , and receive at harvest but ten bushels again , would any man but a tythe-taker call this an increase ? yet these priest● have learned new figures of speech , and will call it an increase from twenty to ten ; and though the poor farmer lose half his seed , and all his plowing and other c●arge , ( which seldom comes to less than thirty shillings an acre ) yet shall he not escape so ; the p●iest w●ll have a bout with him too , and make him poorer yet , by taking from him the tenth part of the remainder of his decrease . yea , though the seed that was sown was tythed the year befor● , and hath not now produced its own value , yet is it now tythed over again , and thus the priest takes tythes of one thing twice . judge now , reader , if t●is be not injustice , if this be not vnmercifulness , if this be not great oppression . yet doth the priest sooth up the poor husbandman , and sawns upon him with flattering words ; i●deed ( says he ) the priest is h●reby ob●●ged to 〈…〉 with his neighbours , since he ●spans● in their ●ains and losses , p. . in their gains to be sure hee 'l be a sharer , and i● one respect in their losses too , that is , let them los● what they will , if they do not lose all , to be sure hee 'l have a share of what is left , how little soever it ●e . thus he hath a share in making them lose , to that he sets both his hands ; but to bear a part of the hu , bandmau's loss , he will not stretch out the least of hi● fingers . does he bear a share of the hu●ban●m●n's loss , who when the husbandman reaps but half the seed he sowed , and loseth three times , the value of his crop beside , takes from him the tythe of that little that remain● , although it was tyt●ed the year before , and no increase , but so much los● upon it since ? such sharers in losses the husbandman had better be without , than have . yea , it were far better for him that the priest would only share in his gains , and never pretend to share in his losses : for when-ever he comes under that pretence , to be sure he makes him the greater loser : and yet he crye , the priest and the husbandman ought to have the same care for one another . if the husbandman ●ad no more care of the priest , than the priest has of the husbandman , there would not be so many fat priests , and lean farmers , as there are . the husbandman in●eed takes care and pains all the year round ; but what case doth the priest take , unle●● it be , when harvest comes to get as much from the husba●dman as he can ? thus indeed they both take care , though not both the same care. the husbandman's care inriches the priest , but the priest's care impoverishes the husbandman . § . h● is loth to confess that the charge is much gheavier 〈◊〉 upon the people , than it was under the levi●●●al priesthood ; and endeavours to perswade the contrary by a suppositive computation of the charge then , which he borrows from godw●n , as he from others ; the sum of which is , that the jewish husbandman paid one thousand two hundred and twenty one bushels out of six thousand , that is , above a sixth part of his crop , pag. , . to which i reply , st , that the computation is doubtful : for it supposes the tythe of the whole crop was to be paid to the levites , after the first fruits were taken out , which the text seems not to allow . the express words are , deut. ● . . thou shalt truly tythe all the increase of thy se●d , that the field bringeth forth year by year . there was t●e seed , and the increase of the seed . the ●eed was part of the form●r years increase , and so was tythed before : but if it should now have been tyt●ed a●ain , together with its own increase , it would th●n have been tythed twice . in order then to a right computation , it seems the seed should first be deducted , and the increase only computed ; which will make a considerable alteration in the account : for it must be no very small quanticy of seed , that produces . bushels of grain . but . this more then a sixth part , as he accompts it , was not all paid to the priest● and 〈…〉 appropriated to their maintenance ; but the fath●rl●ss , the widow , and the stranger were provide● for out of this . the husbandman did not ra●se a 〈…〉 to maintain the poor ( as now he 〈…〉 to do ) b●t this de●rayed all those charges , and he and hi● 〈◊〉 had their share of it too . but if the hu●band●e ▪ now should compute their c●arge , and take an 〈◊〉 ●●ccount of what they pay both to the priest and his sub-officers , and also to the poor upon all occasions , i am perswaded many of them would find a sixth part of their crop doth 〈◊〉 excus● them . again , . the husb●ndman now payes t●the of many more things t●an the iews did , as hay , wool , mi●k , wood , &c. to omit things of less value , as honey , wax , eggs , &c. yea the priests now have the tythe even of the husbandman's straw and chaff as well as of his hay , to the great dammage of the husbandman , who often wants these to maintain his cattel , alwayes to make dung to keep his land in heart . but . if nothing of all this were to be alledged : if the iews had paid a full sixth part to the levit●s , and that for the levites proper use , and had undertaken the relief of father●ess , widow and strangers beside● ; and if the husbandmen now paid tythe● of no more things than what the iews paid tythes of , yet comparing the great charge and small increase the hu●bandman now hath , with the small charge and great ●ncrease the iews then ●ad , it will still appear that t●e people are under a greater burden , and the charge lies heavier on the people now , who pay th● t●nth part to the priest , than it did , or would have done on the iews , had they paid , as they did not , a 〈…〉 part to the levites . to what i urged before , to prove the charge heavier on the people now , t●an it was on the iews , viz. that the levit●s having no inheritance with their brethren , the lots of the other tribes were the bigger , which was some consideration for their tythes , &c. the priest answers , that though the levites had not any intire country set out together , yet they had fair possessions in every tribe , having forty eight cities , with two thousand cubits round without the wall , appointed them by god ; which ( says he , pag. . ) was a better proportion then our gl●be-land , and in value might be esteemed the twelfth part of the land of canaan . he computes strangely to make the levites cities with their suburbs a twelfth part in value o● the land of canaan . was that the way for the levites to have no inheritance ( numb . . , . ) no part with their brethren ( deut. . . ) to give them a greater part tha● any of their brethren had ? for if ( according to the priest ) they had had in cities and suburbs a twelfth part in value of the land of canaan ; and they were in number ( as selden computes ) scarce a fiftieth part of the peop●e , they had had a notable advantage by being ( as i may say ) disinherited of the land , although they had received neither tythes nor oblation● , but those cities and suburbs only . but what value soever those cities were of , the levites had them , and that by god●● a●po●ntment : but by whose appointment have t●e priests now their parsorage-houses & vicarage-houses with their glebe-lands ? or what value may we suppose them to amount unto ? if there be in england and wales about ten thousand parishe , to ●ach of which a parsonage or vicarage-house belongs , these , could t●ey be reduced into town , would make as many , and probably as fair , a● those t●e levites had . for ten thousand houses divided into forty eight parts , afford above two hundred unto each : and doubtless two hundred such houses as most of these are , with their great tythe-barns and other appurtenant buildings , would make as la●ge a town as most , if not as any of them . then for the glebe-lands belonging to these houses , there is no question but their extent doth far exceed the two thousand cubits of land alotted to the levites round each ●●ty . for suppose there be but twenty acres of glebe-land to every parsonage or vicarage-house one with another , yet that ( not to make an exact calc●lation ) casts about four thousand acres to every two hundred houses , which probably would surpass the limits of the l●vites suburbs , at least a fourth part . this in short , only to shew , that if the levites had houses , and lands about them , so have the priests now also , and that ( so far as may be gathered ) in much greater quantity . so that the levites having cities and suburbs doth not at all abate the force of my argument , but still it appears that the charge is much heavier upon the people now , than it was under the levitical priesthood : for if the levites received tythes of the people , so do the priests , and that of more things than the levites did ; if the levites had houses of the people to dwell in , and some lands about them for their cattel , so have the priests of th● people now , and that ( probably ) in greater proportion then the le●ites had . thus far then the people now have the worst of it , but much more in that which follows : for if the levites had cities and suburbs , they had not inheritances with their brethren ; they had not those cities and suburbs and the share of the land besides . but the priests now have not only cities and suburbs ( as i may call them ) but inheritances also with their brethren . they have not only houses and lands equivalent at l●ast , if not superiour , to what the levites had , but their share also of the rest of the land , being equally capable of holding estates by civil title , as any other of the people are . and how much soever the priests thus possess , so much the less the people have , and so much th● heavier lie● the burden on them , than it did upon the iews . besides , let it be considered what vast revenues , what gr●at and rich possessi●ns ( sufficient to de●ray the publick charge of the nation ) are grasped into the hands of arch-bishops , bishops , pr●bends , deans and chapters , &c. from whence i pray were these squeezed ? was it not from the people ? are not the people hereby impoverished to make the clergy rich ? were ever the iews so served by their priesthood ? had their priests or levites lands or poss●ssions in the land of canaan , besides their cities and suburbs ? judge then reader , whether the charge lies not heavier on the people now , than it did under the levitical priesthood , seeing the people now pay more and injoy less than the ie●s did . then for their offerings , if the levites had a part of the sacrifices , a share of the feast , a part of the voluntary oblations , the first born of cattel , r●tes for the redemption of the first born of men , and of persons dedicated by vow ; the priests now have many more wayes of drayning m●ney from the people , and such as are more burdensom to the people too . in the sacrifices , feasts and voluntary ob●ations , as the priests and levites had a part ▪ so the people also had their share . but in the off●rings and payments which the priests now claim and receive , the people have no share at all : so much money is demanded and paid , with which the prie●t feasts himself , but th● people neither ●at nor drink for it . but if there happen to be a feast in the parish , at a christening ( as they call it ) or any other gossipi●g bout , who but the pars●n there ? the price for redemption of persons dedicated by vow was very uncertain . the priest sets down fi●ty sh●kels , which was the highe●● ●rice that it could at any time amount unto . but in other cases ( more likely to happen ) the price was sometimes thi●ty , sometimes twenty , sometimes ●en , sometimes five , and sometimes b●t three shekels ; and if the party vowing was poor , then was he to pay 〈◊〉 according to his ability , levit. . but these in g●neral happened so rarely , that little comparatively could come to the priests thereby . and indeed , if the m●ny arts and engins which the priest● have & use , to 〈◊〉 mon●y out of the people by , were reckoned up together ( some of which in my former book , pag. . are presented to the reader 's view ) the iewish offerings to their priests would seem s●all in comparison of what the clergy now hath . two pass●ges more out of my book he quarrels with in this section , one is , that those tythes and offerings under the law maintained all the officers belonging to that taberna●le , so that the p●ople were at no further charge . to this he says , pag. . pray what [ all ] was there to be maintained ? none besid● the levites , except the poor nethinims , who wer● gibeonites , and did the drudgery of the temple . it matters not what [ all ] there was ; it is sufficient that all the officers ( priests , levites and nethinims ) were maintained by those tythes and offerings , and the people not put upon any n●w charge . whereas now notwithstanding the heavy charge the people a●e at in maintaining their priests , t●ey are fain to begin again , and make new provisi●n , for the maintenance of the nethinims of these times ( the clarks and sextons , &c. ) to do the priests drudgery , which the priests are either too fine or too idle to do themselves , and too covetous to pay for doing . this charge therefore , be it more or less , is so much more than the iew : were liable to . the other passage is , that out of the tythes under the law provision was made , for th● fatherless , th● widow , and the stranger , deut. . , . this , he says , is another mistake , if i mean these were provided for out of the levites tythe . he may see what tythe i meant by the text i quoted , which speaks of the third year's tythe , thus deut. . , . at the end of three years thou shalt bring forth all the tythe of thin● increase the same year , and shalt lay it up within thy gates . and the levite ( because he hath no part nor inheritance with thee ) and the stranger , and the fatherless , and the widow , which are within thy gates , shall come , and sh●ll eat and be satisfied , &c. now whether he will call this the levites tythe or no , which was thus to be laid up for the levite , stranger , fatherless and widow in common ( and was it seems to be all the tythe of the increase of that year ) yet to be sure it was included in that , which he says was more than a sixth part of the husband-man's profits . so that those tythes which the husband-man paid , were not for the maintenance of the priests and levites only , but of the stranger , the fatherless & the widow also ; and the husband-man was at no further charge . and as tythes were at first introduced in this and other nations , under the specious pretences of c●arity and alms to the poor , so in the settlement of them in this nation , especial regard was had to the poor , & particular provision made for their maintenance out of the tythes , as appears by the statutes of r. . . and . h. . . of the neglect of which , william thorp ( who lived under both these kings , and is by fox recorded for an holy confessor of jesus , though by this prie●t branded with the ignominious name of a re●egado ) thus complaineth to the arch-bishop of canterbury ; it is now no wonder though the people grudge to give the priests the livelode that they ask . mekil people now know , how that priests should live , and how that they live contrary to christ and to his a●ostles . and therefore the people is full heavy to pay ( as they do ) their tempo●al goods to parsons and to other vicars and priests , which should be faithful dispensators of the parish's goods : taking to themselves no more but a scarse living of tythes , nor of offerings , by the ordinance of the common law. for what soever priests take of the people ( be it tythe or offering , or any other duty or service ) the priests ought not to have thereof no more , but a bare living ; and to depart the residue to the poor men and women specially of the parish of whom they take this temporal living . but the most deal of priests now wasteth the parishes goods , and spendeth them at their own will after the world , in their vain lusts : so that in few places poor men have duly ( as they should have ) their own suste●ance , nother of tythes nor of offerings , nor of other large wages and foundations that priests take of the people in divers manners above , that they need for needful sustenance of meat and clothing : but the poor needy people are forsaken and left of priests to be sustained of the parishioners , as if the priests took nothing of the parishioners to h●lp the people with . and thus sir , into over-great charges of the parishioners , they pay their temporal goods twice , where once might suffice , if priests were true dispensators . thus he , martyr●l . vol. . pag. . by which it doth appear that in former times tythes were reputed the parish's goods ( not the priest's fre●hold and property , as these confident priests now adayes have learnt to talk ) of which the prie●●s we●e but dispensators or stewards , to receive a bare living for themselves , and distribute the rest to the poor of the parish , by which the parishioners were exempted from further charge in that respect , till the covetous priests took all to themselves , and shut the poor quite out ; which was gradually done , as by degrees the payment of tythes was at first brought in on the poor ▪ behalf , and under pretence of relieving the poor . nor do i remember i have read of any other provision made for the poor , or so much as the name of overseer of the poor in any of our statutes mentio●ed , until the forty third year of q. elizabeth , not full eighty years ago . for in the beginning of her reign , tythes ( under the name of the goods of the church ) were reputed the goods of the poor , and a maintenance for the poor expected from the clergy , as appears by the injunctions given by the queen in the year . of which the eleventh runs thus , furthermore , because the goods of the church are called the goods of the poor , and at these dayes nothing is less seen then the poor to be sustained with the same , all parson● , vi●ars ▪ p●nsionaries , prebendaries , a●d other beneficed me● , within this deanrie , not being resident upon their benefices , which may dispend yearly twenty pounds or above , either within this deanrie , or elsewhere , shall distribute hereafter among their poor parishioners , or other inhabitants there , in the presence of the church-wardens , or some other honest men of the parish , the fortieth part of the fruits and revenues of their said benefice , le●t they be ●o●thily noted of ingratitude , which reserving so many parts to themselves , cannot vouchsafe to impart the fortieth portion thereof among the poor people of that parish , that is so fruitful and profitable unto them . it appears then , the poor were maintained out of the tythes , not only among the iews in the time of the law , but in this nation also till of late , that the priests have j●stled out the poor ( whose names they made use of to get tythes by at first ) and now ingross all the tythes to themselves , leaving the poor upon the parish's charge . so that the parish , though they pay their tythes never so exactly , and to the full , are fain when that is done to begin again , and make n●w l●vies upon every man's ●state , to supply the wants of the poor . and whether in this respect also , the charge is not heavier on the people now , let the indifferent reader judge . § . . he spends his next section in quarrelling with me , for asking wheth●r it was not a pope that set up parish-priests ? the occasion of the question was this . the author of the conference ( as this priest in his right of tythes , pag. . reports him ) had given two reasons why the apostles took no tythes : 〈◊〉 no● of the iews , because their own priests were in poss●ssion of them : . not of the gentiles , because of their unfixt station . to each of these i returned an answer in my former book , pag. . then askt this question , seeing the apostles state of life was unfixt , who , i pray , fixed your state of life ? who divided provinces into parishes , and set up parish-priests ? was it not a pope ? for this question the priest derides me with a great deal of scorn , and says ( right of tythes , pag. . ) never did any man pretend to 〈◊〉 of things he understood so little , as t. e. doth of ecclesiastical matters . this all-knowing quaker ( says he ) doth not understand , that the apostles themselves fixed bishops and pastors in the several citi●s they had converted , timothy at ephesus , titus in crete ; giving them commission to ordain and fix others in lesser cities . he were a knowing man himself , if he were able to prove this . was timothy fixed at ephesus ? titus in crete ? by whom ? the apostles themselves , he says : but how does he prove it ? he says it , and that 's all . methinks since he judg'd i do not understand this , he might have been so curteous to have offer'd some proof of it . by which of the apostles may it be supposed that timothy and titus were fixt ( as he expresses ) at eph●sus and in crete ? paul was as likely to have been the man , as any other : for by his ministry they both were converted to the faith of the gospel , with him they seem to have most conversed , and from him they received those epistles which are inscribed to them . yet so far was paul from fixing timothy , or timothy from being fixed at ephesus , that we find he was sent by the apostle into macedonia , acts . . to corinth , cor. . . that he was with him at athens , when he writ to the thessalonians , th●s . . . and thes. . . that he was sent to thessalonica , thes. . . . to philippi , phil. . . that he was with the apostle at rome , when he writ to the collossians , col. . . in prison with him there , and released , heb. . . & sent for by the apostle to rome again , not long befor● his death , tim. . , . so also for titus , h● was sent by the apostle to visit the corinthians , afte● the first epistle was written to them , cor. . & . . & . . went afterwards again to visit th● c●rinthians , and carried the second epistle to them was sent for by the apostle to come to him to nic●polis , where he intended to winter , tit. . . an● after all this we find him gone into dalmatia , ti● . . . if these be arguments of their being fixt at ephosus and in crete , i confess i do not understand what he means by the word fixed . will ●e ground the fixation of timothy at ephesus , on the words of the apostle paul , tim. . . ( as i besought thee t● abide still in ephesus , &c. ) or of titus in cr●te , on the words of the same apostle , tit. . . ( for th●● cause left i thee in crete ) he will find them both quickly u●fixt again , and travelling from co●●try to country to visit the churches , to preach the gospel , or to minster to the apostles ; and that after these epistles were written to them . but let us suppose , for the present , his position to be true [ viz. that the apostles themselves fixed bishops a●d pastors in the several cities they had converted , timothy at ephesus , titus in crete , giving th●● commission to ordain and fix others in lesser cities ] and see how miserably he wounds himself , and his brother too , with his own weapon . the apostles , he says , took no tythes of the gentiles , because of their un●●xt station . tythes , or any other fixed maintenance , was utterly incon●istent with their unfixed state of life , confer . pag. . yet the apostles themselves fix●d bishops and pastors in the several cities they had converted , timothy at ephesus , titus in crete , &c. did ever man that pretended to understanding so contradict and confound himself ! he gives their unfixt station for the reason why they did not take tythes , yet in the same breath says , ti●●thy 〈◊〉 fixed at ephesus ; titus was fixed in crete ; the 〈◊〉 themselves fix●d bishops and past●rs in the sever●● cities they had converted . a fixed state then ( according to him ) it seems there was amongst them in the several converted cities , and yet notwithstanding this , their unfixt state was the reason why they did not take tythes . 〈…〉 the man that in derision calls me the all knowi●g quaker . this is he that say● of me , never did any man pretend to write of things he understood so little , as t. e. doth of ecclesiastical matters , let him see now , and be ashamed of his own weakness , and learn for the future to speak wit● more modesty of others . he goes on thu● concerning me , pag. . he knows not how eusebius and other historians , reckon up the very persons in all eminent churche● , ●●dained and fixed there by the apostles . is he sure he speaks truth in this ? how know● he but that i do know what euse●ius , and other historians , say in this case , as well as himself ? wit●out offence to him be it spoken , i know no reason why i may not . but how much or little soever i know , i 'le assure him i know more both in eusebius and other historians also , than i could ever yet find faith to believe : and if i mistook him not , he seem'd to be somewhat of the same mind in pag. . again , he says , ibid , it will be news to him to tell him , that in the very beginnings of christianity , wheresoever the gospel was once planted , there were strict canons made agaisnt the clergy of one diocess going into another to officiate . this is news to me indeed , and which is worse , false news too . how chance he quoted no author of his news ? is not that a sign 't is news of his 〈◊〉 making ? i confess i never heard before , that in the very beginnings of christianity , there were any such canons made , or any such diocesses , as he dreams of . it behoves him therefore to set forth his author , left himself be repu●ed , and that deservedly , a raiser and spreader o● fals● news . but in the mean time let us ●ift his news a little , and see how well it hangs together . he told us but now , that tmothy and titus wer● fixed at ephesus and in crete , and that by the apostles themselves ( though he does not know by whom ) yet we find not only the apostle paul send●ng tychicus ( a dear brother , and faithful minister in the lord , ephes. . . ) to the ephesians , tim. . . but timothy also at corinth , at athens , at thess●lonica , at philippi , at rome , &c. so likewise for titus , whom he fixes in crete : doth not the apostle speak of sending artemas and tychicus thither , and of sending for titus to nico●●lis , tit. . ? doth he not intimate that zenas and apollo ( one of whom was an expounder of the law , the other an eloquent preacher of the gospel ) were at crete , ver . ? ●nd did not titus himself travel up and down into divers cities and countries in the labour of the gospel ? was he not at corinth once and again ? an● went he not also unto dalmatia , tim. ▪ ? now if timothy and titus had been fixt ( as he fancies ) at ephesus , and in crete ; if bishops and pastors had been fixt by the apostles in all eminent churches , & in the several cities they had converted ; and if in those times , in which fell the very beginnings of christianity , there had been any such diocesses as he dreams of , or any such strict canons , as he conjectures , made against the clergy of one diocess going into another to officiate ; pray how did tychicus , apollo and other● observe those canons , when they went ( as they did ) to ephesus and crete ? on how well did timothy and titus obey them , when they went to officiate at corinth , thessolonica , philippi , rom● , and other places , which ( according to this priest ) were distinct diocesses belonging to othe● men , into which by the canon they were strictly forbidden to go to officiate ? doth not this discover the emptiness of his story , and manifest the falness of his news ? but we may guess at his date of christianity , by the after-instance he gives of a canon of the general council of chalcedon , the date of which he willingly leaves out : but that council was held ( according to genebrard ) under pope leo the first in the yea● . was this in the very beginnings of christianity ? no ; nor of the apostacy from christianity neither : for much corruption , both of doctrine and practice , was in the church before that time . thus reader thou mayst see what his confident talk , of strict canons and diocesses in the very beginnings of christianity , is come to . would any man of honesty , ingenuity or modesty impose such falshoods , upon ignorant readers , or expose such folly to judicious eye● ! he talks also pag. . of a synod among the britains , held by s. patrick , anno . but without any mention of paris●es ; and very confidently takes for granted , that long before the popes of rome so much as directed any thing h●re , the brittains had fixed arch-bishops , bishops and priests ; by which if he means those priests were fix●d to parishes ( as now they are ) which i observe he doth not expresly say , but only that they were fixed ; they may believe it , that dare take his word for it , but prove it he never can . selden in his history of tythes , chap. . sect. . shews the contrary . but the division of parishes a●ong the saxons , the priest ascribes to honorius the fifth arch-bishop of canterbury about the year ● ● . or to theodor●s ( the next b●t one in that sea ) 〈◊〉 t●enty or thirty years after . hence i perceiv● he thinks he hath sufficient ground to deride me , for asking if it was not a pope that divided provinces into parishes , and set up parish-priests . whether parishes were divided by honorius , theodorus , or some other of later time , i think not worth inquiery . i know the common opinion attributes this work to honori●s ; which yet is doubted by many , and some of great judgment . it sufficeth my purpose , that whether parishes were set out and parish-priests fixt thereto , by honorius or theodorus , it was done by the pope's power : for either of these received his archiepiscopal authority from rome . honorius ( says bede , eccles. hist. l. . c. . ) received the pall of his arch-bishoprick from honorius at that time pope of rome , and withal a letter , in which the pope grants to this honorius arch-bishop of canterbury , and to paulinus then arch-bishop of york ( to whom also he sent a pall ) this power , at th●ir request , that which soever of them should die first , the surviver might , by the authority of the pope's command , make such an ordination of another in his room as should be pleasing to god. this shews they received their authority from the pope ; and what they acted by that authority , was done by the pope's power . if therefore honorius , as arch-bishop of canterbury divided that province into parishes , and set up parish priests therein , it cannot be denyed but those parishes were divided , and priests set up , by the pope , whose instrument honorius was therein , and by whose power it was done . and thus seems ca●den ▪ to understand it , in his brittania , pag. . wher● ▪ he says , when the bishops of rome had assigned several churches to several priests , and 〈…〉 unto them , honorius arch-bishop of canterbury , about the year of our redemption ● , began 〈◊〉 to divide england into parishes , as we read in the history of canterbury . so that he refers this act of honorius to the bishop of rome , not o●ly in point of power , but of example also . in imitation then of what the popes had don● , and by vertue of authority received from the pope , were these parishes set out , and were parish-priests at first set up , whoever was the p●pe's agent therein . the priest con●ludes this section thus ; and now ( says he ) we see t. e. hath neither learni●g nor truth in him , who attributes our fixing to a ●ope , when the apostles themselves shewed the way in this practice , not intending that any ●agabond speakers should be allowed , after once the christian church was settled , pag. ● . i am better acquainted with my self , than to pretend to any great store of learning , and with his manner of writing , than to regard his r●flection ▪ on the truth of what i have written ▪ with great readiness i submit both to the censure of the judicious and impartial reader . but as little learning as he is pleased to allow me , i have enough at least to let him see , that , for all his great stock of learning ( wi●h the conceit of which he is so over-blown ) he hath in this very period expressed himself very unlearnedly and inconsiderately . the apostles ( he says ) shewed the way in this practice , not intending that any vagabond speakers should be allowed , after once the christian church was settled . va●abond speakers ! it seems then with him those speakers that are not fixt to a parish or place are vagabonds ; and though such were allowed in the christian church before it was settled , yet after once it was settled no vagabond speakers were to be allowed . doth he not already begin to perceive , how for want of a little consideration , he has stigma●iz'd the apostles and disciples of our lord with the infamous brand of vagabonds ? could all his learning furnish him no better than with such a roguish epithet ( fo● to rog●es the word vagabond is usually now applied ? ) how little reason has this boasting man to vaunt of his own le●rning , or undervalue another's ! § . . in his next section he makes a faint attempt to help the other priest off , who had so far over-shot himself in his conference , pag. . that among other reasons why the apostles had not tythes , he gave this for one , that they needed them not , for as they had their gifts so their maintenance by a miraculous providence ; which he grounded upon luk● . . the falseness of this argument i plainly shewed in my former book , called truth prevailing , pag. . whereupon this priest in ●is right of tythes , pag. . says , i hope when t. e. considers how wonderfully god opened the hearts of the first christians , not only to give the apostles meat and drink , but to sell all , and give the price to them , he will upon second thoughts correct that passage , pag. . and allow this to be an extraordinary and miraculous providence of god's , to encourage their first beginnings . t●e other priest grounded his miracle upon the apo●tles wanting nothing when they were sent forth without pu●se and scrip , luke . . this priest finding that too weak to bear him up , adds to it the believers ●elling their estates , acts . , . and to serve his end corrupts the text too , saying they sold all , and gave the price to the apostles , as if they had transferred their own property to the apostles , which they did not , but deposited it as in a common bank , which was committed to the care and trust of the apostles to distribute , but wherein the apostles themselves had no more propriety than any other of the church . ther●fore the text says not that they brought the prices of the things sold and gave them to the apostles ( which would imply an investing the apostles with a peculiar propriety therein ) but that they brought the prices of the things that were sold , and laid them down at the apostles feet , which imports no more than a committing it to their care , in whom the trust was reposed , as treasurers of the co●mon stock for the maintenance of the whole society ; whence it follows in the text , and distribution was made unto every man , ac●ording as he had need . in all which i confess ● do not see the miracle he talks of , ●nd if he himself will have this to be a miracle , he must then acknowledge miracles are not ceased , the same thing ●aving been practised by others of late years , and i think by some yet in germany . but if the selling of possessions , and living in a community had been a miracle , yet it could not reasonably be assigned for a reason why the apostles did not take tythes : for we read not that it was used in any of the gentile cities that were converted to christianity , but only at ierusalem , and there too for a short time . so that if this had been a reason why the apostles took no tythes at ierusalem , yet it could not ●e a reason why they took none at rome , at corinth , at ephesu● , at coloss , at thessal●nica , at philippi , and other places where they preached the gospel , and where this practice was never used ; nor at ierusalem neither , after it was disused . neither is 〈◊〉 true which the other priest says , viz. that the apostles needed them not : for the apostle paul testifies of himself that he had learnt to suffer need , phil. . . and amon●st oth●r hardships reckons his necessities , cor. . . & . . and it appears he used to work for his living , acts . . which the lfine-fing●red priest ▪ now adayes scorn to do . thus all these seeming reasons appear to be indeed but empty shews and vain pretences , and the very , true and right reason why the apostles did not take tythes was , because they knew that tythes were a part of the ceremonial law , given to the jews , and abrogated by christ. the other priest in his conference , pag. . said , if you conclude that we must be in all things , 〈◊〉 were th● apostles , then must you of the laity , now do as the laity did then , who sold their possessions , and laid them down at the apostles feet , acts . and i can argue the one with the same reason you can the other . this i plainly disproved in my former book , called , truth prevailing , pag. . shewing the different grounds on which the apostles and other believers then acted ; the one being positively bound , and under a necessity to preach the gospel ; the other being altogether free , and under no necessity to sell their estates , but did it voluntarily . so that , what-ever the priest at first thought , the same reason will not serve to argue the one as the other ; and that may probably be the reason , that he , having no other reason , was fain t● let his argume●t wholely fall , and take no further notice of it . nor makes the other priest , in his right of tythes , any other reply to it than this , t. e. saith indeed they sold their estates voluntarily , p. . which is most true ; and we do not desire any to s●ll the● involuntarily now . but ( adds he , pag. . ) when our people sell all voluntarily as they did , we will quit our claim to tythes . indeed ! will ye so ! what , after all this ●usle and contest for a divine right of tythes , will ye quit yo●● claim thereto , upon condition the people will ●ell all , as once believers did ! see , reader , now the horrible deceit and false d●aling of this man in the management of this controversie , and how contrary he has argued to his own judgment . hath he not said over and over , that tythes are god's part , god's due ? how oft hath he called tythes a sacred maintenance , a divine tribute , a sacred revenue , & c ! did he not affirm they were grounded on the law of nature , and primitive revelation ; and that they relie on an internal rectitude and an eternal reason , pag. ? did he not assert , that our ▪ ●ord iesus and his ●postles have sufficiently established tythes for the maintenance of the gospel ministers , pag. 〈◊〉 ? was he not positive , that our lord iesus and the apostles said enough to sh●w , that the antient divine right to the tenth part should be continued , and the gospel-ministers should be the receivers of it , pag. ? who that had read all this could have thought any other , but that he verily believed tythes were so ordained and settled by god , that they were an immutable unalterable maintenance ? nay , k. hen. . is , by the other priest , charged with sacriledge , for but alienating some part of the tythes , vindicat. pag. . ) and yet he now says , when our people sell all vol●ntarily as they did , we will quit our claim to tythes ? doth not this manifest that what he hath writte● before of the divine right of tythes was in hypocrisi● and dissi●ulation , to blind the eyes of ignorant people ? had he sincerely believed tythes to be s● due , as in the places fore-quoted he plainly affirms ; had he faithfully believed that our lord jesus and the apostles intended the ancient divine right to the tenth part should be continued , and that the gospel-ministers should be the receivers of it ; how could he ( pretending , as he doth , to be himself a gospel-minister ) quit his claim to tythes for any other mai●tenance ! would he quit that which himself says our lord jesus intended should be continued , if he believed in earnest that jesus ever intended so ! and if he did not so indeed believe , how false was he , and how devoid of truth , so to affirm ! but what will not interest and advantage work , in men of corrupt minds ! tythes then however , are not , it seems , so sacred a maintenance , so divine a tribute , but that the priests will quit their claim thereto , when-ever they find they can mend their market . till then ( says the priest , viz. till the people sell all voluntarily ) we desire the quakers will let us quietly enjoy our ordinary maintenance , and we are well content no wonder . fill them full , give them what they would have , and they are well content ; but no longer . how like are these to some of them of old , that ( as the prophet words it , mic. . . ) bite with their teeth , and cry , peace : and he that putteth not into their mouthes , they even prepare war against him ? just thus it is with the priests now : feed them , fill them , keep th●m biting ; labour , toyl and drudge for them ; and make it thy care that they be maintained in pride , i●leness and fulness of bread , although thy own family want , and they are well content , and will cry , peace , peace , and s●w a soft pillow under each arm-hole . but if once thou beginnest to slack thy hand , look to thy self . if once thou forbearest to put into their mouthes , they will not only prepare war against thee , but will quickly too make war upon thee ; will take thee prisoner , and spoil thy goods . in a word , if thou givest them not what they would have to bite , they will bite thee . § . . as he would be very well conte●t to be ma●ntained by the quakers , so he would fain perswade the quakers to be as well content to maintain him ; and the chief medium he uses to perswade by is this , t●at to pay tythes ( especially unwillingly ) is a piece of passive obedience , to which a man ought to submit quietly for conscience sake , and in point of obedience to the authority imposing it , though it be never so much against his iudgment , pag. . doth this man regard what he writes , who puts such a gull as this upon his reader ? where any thing is imposed by authority , which is contrary to a man's conscience , no doubt the man is as well oblieged , on the one ha●d , to submit quietly , for conscience sake , by a passive obedience , to what is so imposed ; as , on the other hand , not to act against conscience . but who till now ever heard , that actually to pay tythes is a pi●ce of passive obedience ? doth not the law injoyn men to set out their tythes , to separate the tenth part from the nine ? is not that action ? if thus to do be a passive obedience , i would fain know what is active . why says he , if the king should bid the quaker turn minister , and take tythes , his doing that were active obedience . so it were indeed : but then his refusing to do it , and suffering quietly for so refusing , were passive obedience . in like manner , if authority command a man to set out his tythes , to separate the tenth part of his corn from the nine , his doing that , were active obedience : but his refusing to do it , and suffering quietly for so refusing , is passive obedience . but he says , pag. . our saviour submitted to pay tribute , which ought not to have been exacted of hi● . and s. paul commands the christians to pay tribute and custom to the heathen emperors , though they used it to idolatrous and wicked purposes . those were taxes purely civil ; which tythes are not : and they were levyed for a civil use , however afterwards disposed of ; which tythes are not . he thin●k● the quakers may as well submit to ( what they account ) an vnjust payment , as to ( what they call ) an vnjust imprisonment , p. . so they do : and much after the same manner . in the case of an un●ust imprisonment ( as that for tyth●s is ) they do not imprison themselves ; but if th● sheriff or his servants come , and take them to prison , they make no resistance , but qui●tly submit . so also in the case of unjust payment ( as that of tythes is ) they do not pay it , nor dare they : but if the sheriff , or any other authorized come , and take away their tythes , or their goods for refusing to pay them , they make no resistance , but quietly submit . thus they submit alike to an unjust payment and to an unjust imprisonment , by a passive obedience in each . he begins to cogg with the quak●rs , and sayes , if i were in their case , i cou●d pay my tythes in obedience to the laws of the nation , though i did believe the law never so unjust ; b●cause this payment ( to one so opinionated ) is a penalty , and his obedience therein m●erly passive . he speaks very like a temporizing priest ; but if he were in the quakers case , he would be of another mind ; for indeed he could not be in their case unless he were better minded than he is . but are tythes a penalty ? what offence are they a penalty for ? were tythes then imposed as a fine or mulct for some transgression ? the party then , of whom they are demanded , ought in justice to be first convicted of that transgression , before the penalty [ tythes ] be required of him . this is a new crotchet concerning tythes . i have heard indeed of a penalty for not paying tythes ; but i never heard that tythes themselves were a penalty before . the quakers perhaps might be somewhat beholding to him , if he would inform them what the transgression was , for which tythes were made a penalty , that by keeping out of the offence , they might avoid the penalty . but is the payment of tythes a penalty only to one that believes the payment unjust ( for so i understand him by the word [ opinionated ] it must then be the belief of the injustice of the payment that makes it a penalty ; and if so , then he that , so believing , payes it , inflicts a penalty on himself , which , beside the injustice is contrary to nature . again says he , i cannot remember ever to have read of any sort of people in the world before , who counted it a sin to pay an imposition supposed unjust ; which is no more a sin , than to be stockt or whipt , to be fined or imprisoned ; all which we may submit to without sin. to submit to stocking , whipping , fining or imprisoning is one thing ; but for a man to stock , whip , fine or imprison himself is another : so to suffer for not paying tythes is one thing , and to pay tythes is another . this he sayes , and therefore cunningly changes his voice from active in paying tythes , to passive in being stockt , whipt , &c. when he speaks of the payment he says , if i were in their case i would pay my tythes , &c. and , i never read of any who counted it a sin to pay an imposition , &c. here he uses the active [ to pay . ] but when he says it is no more a sin , than to be stockt or whipt , to be fined or imprisoned , he turns from active to passive : for to pay is active ; to be fined or imprisoned is passive . this fallacy of his he thought perhaps the unlearned quaker would not find out . he says , we may submit to stocking , whipping , fining and imprisonment without sin. 't is very true ; and so we may to death also : but doth it thence follow that a man may without sin put himself to death , be his own executioner , and kill himself ? if it be evil for a man to do this , how can he without evil do the other ? if he may not put himself to death , by the same reason he may not stock , whip , imprison or fine himself . and if tythes be a penalty ( as the priest says they are , to one that believes the payment of them unjust ) he may no more execute that penalty on himself , by paying tythes , than he may execute the other pen●lties of stocking , whipping , imprisonment or death , by putting himself in the stock● , by whipping himself , by clapping himself into prison , or by putting himself to death . but seeing the priest says , if he were in our case he would pay his tythes , &c. let me put him the question , whether if he were in our case , and were sentenced to be hanged ( as some of the quakers , purely for their religion , and conscientious obedience to god , have been ) he would forth-with take an halter , and hang himself ? he connludes , that it is no sin to pay tythes , though it were a sin in the law to command them , and in the priests to t●ke them , pag. . the other priest also in his conference , pag. ● . says , after all this out-cry against tythes , do the quakers think the paying and receiving of them to be a sin ? and in his vindicat●on , pag. . he complains that this question was not answered , and says , it was the most considerable passag● that he had . that tythes were a part of the ceremonial law given to ●he ie●s , and taken away by christ's death , is largely proved before . they were a part of those offerings which by the one offering were ended , and so ended as never to be offered again , because the offering of them again would have been a denyal of that one offering by which they were taken away . now as it would be a sin to offer the other offerings of the law , the burnt-offerings , meat-offerings , drink-offerings , &c. although commanded , so is it also a sin to offer the offering of tythes , although commanded thereunto . if all the offerings , sacrifices and ceremonies of the law should now be set up again , as it would be sin in them that should set them up , or command the performance of them , so would it be sin in them also that should act therein , or consent thereto . if a man should bring forth his oxen , bullocks or sheep to be made a sac●ifice or burnt-offering● as of old , this would be sin in him that should so do , although commanded , as well as in him or them that should so command . but if a man being so commanded should refuse , and his oxen or sheep be taken from him by force , or against his will , and made a sacrifice or burnt-offering , the sin would lie upon them that thus command or act , & the man so refusing would be guiltless before the lord. if a man should be commanded to circumcise himself , or to offer himself to be circumcised , that man if he should actually circumcise himself , or consent to be circumcised by another , would be guilty of sin before the lord , notwithstanding his being commanded : but if he , who is thus commanded , shall refuse to circumcise himself or to consent that another shall circumcise him , and he be taken by force and circumcised against his will , the sin will lie at their door who thus command or act , and the man himself , thus refusing to act , or to consent unto the act , will be guiltness before the lord. now tythes being ended by christ , as well as the other offerings of the law , and as circumcision ; it is a sin to pay tythes now ( and a denyal of the one offering christ iesus ) as it would be a sin to offer the other offerings of the law now , or to be circumcised . and as in those cases , the being commanded would not excuse them from sin that should perform those things ; so neither in this case of tythes , will the being commanded excuse● them from sin that pay them . but if a man conscientiously refuses to pay them , and dares not act therein , nor consent thereto , though his tythes should be forcibly taken from him , or any penalty be inflicted on him , he in his thus conscientiously refusing to act therein or consent thereto ( yet not resisting , but quie●ly suffering ) will be found guiltless in the sight of the lord. hence it appears that to pay tythes is a sin , as well as to receive them . and thus the one priest's false position , and the other priest's most considerable passage , are plainly and fully answered . § . . his next section treats of the first fruits and tenths paid by the clergy to the crown , against which , he says , the quaker hath nothing to say , hut only that this power once stuck in the tripple crown . where he found this he might have found more : for in the same placo ( pag. . ) in answer to the other priest , who called first fruits and tenths one of the faire●● flowers belonging to the crown , i said , no flower can be fair in an english crown , which was taken out of a pope's mitre . and if nothing else could be said against it , but that it once stuck in the triple crown , that alone were enough to make it unworthy to be worn in an english diadem . hence it appears i not ●nly had more to say , but said more also against this flower ( as they account it ) of first fruits and tenths , than only that it once stuck in the tripple crown : for i shewed , that being taken out of a pope's mitre , it could not be a fair flower in an english crown , and that having once stuck in the triple crown , it was unworthy to be worn in an english diadem . besides , those words [ if nothing else could le said against it ] imply there was more to be said against it , if need require , and opportunity serve . but this which was said was more than he was willing to take notice of , and that little he did take notice of , was more it seems , t●an he either knew how , o● , at least , thought fit to answer . he says upon it , pag. . his majesty will not so easily be wheadled out of so great a part of his revenue , and so clear an acknowledgment of his clergies subjection to him . what if he will not ? has this any appearance of an answer ? or carries it in it the least shew of an argument ? the other priest , author of the conference , seems to have something to say here , vindication , pag. . first he says , i do not ●ind that t. e. answers the argument , but catches at a phrase , &c. for my part , i see no argument there to answer , unless he will call it an argument for tythes , that the ●ing hath a revenue out of tythes . and if that were his meaning , i take it to be answer sufficient to such an argument , to shew that the tythes themselves , out of which that revenue arises , are contrary to the gospel of our lord jesus christ ? but can either of these priests ( or any man else , using his understanding ) think it an argument of any force for the lawfulness or equity of tythes , that a revenue arises out of them to the crown ? what evil might not , in other nations , be patronized by such an argument ? may not the papists argue their indulgences are right and good , because they bring in a considerable revenue to the catholick chair , as they call it ? unhappy luther ! who saw not the force of this argument , but zealously notwithstanding exclaimed against indulgences . may they not from the same argument infer the lawfulness of stews at rome , since from them arises a considerable revenue to support the triple crown ? but though he is offended that himself is compared to the crow , for calling fi●st fruits and tenths so fair a flower , yet he cannot deny but this flower stuck once in the triple crown ; ●ut then , he says , it was stole from the english diad●m , ibid. was it so ? did it ever stick in the english d●adem before hen. . stuck it there ? that 's more indeed then ever i read ; and more i think than he is able to prove . but both these priest● urge the payment of first-fruits and tenths to be an acknowledgment of the clergies subjection . it may be it is so ; but there is no necessity it must be so . is there no other way for the clergy to acknowledge their subjection but by paying fi●st fruits and tenths ? the payment of tribute is i confess an acknowledgement of subjection ; yet not so , but that subjection may be acknowledged other waye● without it ; what acknowledgement else would all such be capable of making of their subjection , who are not in a condition to pay tribute , in which rank a great part of the nation will be found ? now to return to the author of the right of tythes ; he spends the rest of his th section in computing the revenue the king receives from the clergy , which yet he doth so confusedly , that it is ●ard to collect from thence any certain sum for the total of that revenue . the best account i can gather from his is , that it is near l. per annum . be it more or less , it is not much material . no doubt it is a large sum ( if fully paid . ) but what a vast sum is that then , which the priests receive of the people , of which perhaps this may be scarce the twenti●th part , being usually paid by composition and at low rates ! but the stress of the objection i take to be this , that if tythes be taken away , the revenue of the crown is so much diminished as this amounts to . the answer is , conscience & honour ought to be preferred before worldly advantages . if the rev●nues of the crown are not found sufficient without t●is , there are other and far better wayes of enlarging them than by this . were this iron-yoke but once taken off from the galled necks of the people , they would be certainly far more able , as well as probably more willing , to bear the publick charges of the nation . an● it were not difficult to demonstrate that the crown would be rather a gainer thereby , than a loser . § . . he says in his next section , pag. . i shall not need now to confute that frequent and unjust re●roach of the quakers calling ministers hirelings , pag. , &c. since i have shewed , the only reve●u●s they have are no other than what they have a three-fold title to ; first , by the laws of god and nature : secondly , by the donation of the right owners : thirdly , by the la●s of this land. he has as much need now as ever to clear himself and his brethren ( if he can ) from the charge of being hirelings , since his triple title is disproved , and he cannot make out a right to tythes . he talks much of the law of god , but no law of god can he shew for the payment of tythes now . he talks also of tythes being due by the law of nature : but that 's a position so extreamly ridiculous , that it is enough to render him suspected for a na●u●al . these two make the first part of his threefold title . the second part is the donation of the right owners . this is so far from being true , that it is utterly impossible it should be true : for tythes being due ( as himself says , pag. . ) out of the profits only , they to whom he ascribes the donation of tythe neither were nor could be the right owners of those profits , out of which the priests now claim and take tythes . they were the right owners of those profits t●at arose while they were possest of the lands , and might dispose of those profits , as they pleased ( so 〈◊〉 were not to an evil use . ) but the present prop●●etors or occupiers of land now , are as really the right owners of all such profits as are ●aised upon the lands now , as they of old then were of the profits that were rai●ed in their times . seeing then those ancient d●●ors of ty●●hes could not make these priest● any title to the pr●sent profits , because they themselves were not the right owners of these profits . and the present proprietors or occupants , who are the right owners of the present profits , have not made any donation of tythes to the priests ; it is evident that they have no t●tl● at all by donation . thus his s●cond string also has given him the slip . his third is the laws of 〈◊〉 land. but he must take notice , that the laws do not give a man a right either to lands , tythes or any thing else ; but do only conserve unto him that right which he hath already , whether by descent , purchase or gift , and secure him , in the injoyment thereof , from viol●nce or injury from others . if therefore he could have proved a right , he might well have urged the laws of the land to conserve that right : but if he has not otherwise a right , he in vain expects the laws should make him one . nor do those laws which in joyn the payment of tythes , pretend to give a righto tythes ; but suppose the priests to have a right , and therefore take care to secure that supposed right unto them . but now it appears that that supposition was grounded upon a mistake , and that the priests have no right at all to tythes , but that all their claims are false . that they have no right by the law of god , no right by the law of nature , no right by any donation or gift from the right owners of the profits , out of which ( and which only ) they claim tythes . now the reason and ground of the law being , not to make a right but , to conserve and secure to men that right they have , if the priests have no right to tythes ( as i have proved they have not ) then is there nothing for the law to conserve or secure to them , and so that law , with relation to them , is at an end : for the rule in law being , cessante ratione legis , cessat lex ( i. e. where the reason of the law 〈◊〉 , there the law it self ceaseth also ) the reason of the law ceasing in this case , where it hath nothing to conserve , the law it self must needs also cease ( de jure ) according to that rule . thus the priests th●e●fold ●ord is broken , and down falls he and his pretended right of tythes together . but in order to clear ( if it were possible ) the priests from the just imputation of hirelings , he says , pap . . the people do not hire them ; they set them not on work , nor do they , out of their own , give them any wages . this doth but further discover the vnrighteousness of the priests : for if the people do neither hire them , nor set them on work , how unreasonable and unjust are they to demand , yea and force wages from them , that neither hired them nor set them on work ! is this to do as they would be done unto ? would the priests think it equal that any of their parishioners , who are hired and set on work by others , should come and demand wages of them , when as they neither hired them , nor set them on work ? the latter part of his sentence is a positive untruth . the words are these , nor do they ( the people ) out of their own , give them ( the priests ) any wages . this is utterly false . the wages which people give them is truly and properly out of the peoples own : for it is out of the yearly profits , and the yearly profits are truly and properly the peoples own , and belong not to any man else . next he says , they ( the priest● ) are imployed by go● , and he hath provided for them . i deny that they are imployed by god : let him prove it if he can . if they were imployed by god , they would be content with such 〈◊〉 as he hath made for them whom he imployes , and not thus scrape and scratch , rend and tear , and never think they have enough . in the rest of this section he charges me with l●ading the loyal and suffering clergy with a foul calumny , in saying , they ●led , and left their flo●k● to the mercy of those whom they accounted no better than wolves , &c. this is matter of fact , of which the whole nation was then a witness ; and there is scarce a parish wherein some are not yet living who are able to judge whether this be a foul calumny or a just charge , to whose censure i submit it . he says , they were sequestred , imprisoned , silenced , and by armed soldiers violently torn from their cures ▪ this may be true of some of them , whose unhappiness it seems it was to lose what was non● of their own . but if they had indeed been imployed by god , and had taken the apostles for their example ( acts . , , . & . , , , , . ) though they had been sequestred , imprisoned , and by armed soldiers violently torn from their cures , yet they would not have so been silenced . if such things as t●ese could have silenced the apostles and those othe●s that were imploy'd by god , in the first appearance of christianity in the world , the sound of the gospel had not rung so loud nor so far as it then did . in conclusion , as he raises to them trophies of praise , and celebrates their names with the highest eulogi●s his fancy could furnish him with : so on me he casts up the overflowing of his gall , and with it the most reproachful and scurrilous expressions his imbittered m●nd did suggest unto him , then he calls the loyal and suffering clergy — these noble sufferers — such illustrous names — whom all the world admires and venerates . of me he sayes , this black-mouthed slanderer may publish his own venomous impiet●es . but as this putrid matter doth only discover the foulness of the stomach from whence it came , but doth not at all defile me : so i envy not them all the odours and perfumes he has provided to sweeten their names withal , which perhaps there may be need enough of . the author of the conference took another course to acquit the priests from the charge of being hirelings , by comparing the priests with the iudges of the land , and tythes with the king's allowances to the iudges . in my answer to him , i shewed his fallacy in this so plain , that this other priest ( who came in for his second ) was not willing to meddle at all with the matter , but left him to get off as well as he could . he said in his conference , pag. . you know the king has twelve iudges , &c. and these have an honourable allowance from the exchequor , will you therefore say that they are hirelings , and sell iustice ? and is not ours the same case ? i answered ( in ●ruth prevailing , pag. . ) no : for you pret●n● to be ministers o● christ ; wherea● they pretend no higher than to be ministers of state. you call your selves spiritual persons : but you reckon them but lay-men . you challenge to your selves a ●piritual function : they claim but a civil or temporal office. they therefore standing in a civil capacity , may reasonably and fairly , without any imputation of injustice , receive what their master is pleased to bestow upon them . but you , who pretend to be ministers of christ j●sus , are therefore justly condemnable as hire●ings , because ye will not be content with that maintenance , which he ( whom ye call , though untruly , your master ) hath appointed , but seek for hire from others . out of this he takes the first sentence only , which was this [ you pretend to be ministers of christ , whereas they pretend no higher , than to be ministers of state ] and passing by all the rest , makes this reply to that . i thought ( sayes he , vindication , pag. . ) that every magistrate had been a minister of god : st. paul had ill ●●ck , that he had not our inspired ellwood to correct him , when he said , he is the minister of god to thee for good , &c. and beareth not the sword in vain , rom. . , . that he may not have as ill luck in wanting correction , as he fancies st. ●aul had , it will not be amiss to correct him before we go any further . he sayes he thought every magistrate had been a minister of god. in what sense did he understand the word minister , when he thought so ? did he think every magistrate was a minister of god in the same sense and notion whereon he himself pretends to be a minister of christ ? if he thought so , he must think again . if he did not think so , he doth but conclude and urges this text with a design to deceive his reader . however his comparison between the priests and judges will not hold , their cases are not the same . 't is true that magistrates are ministers of god , but that is as they are ministers of state , as they bear the sword. they are ministers of god in a political and civil administration , and so are called civil magistrates . but the priests pretend to be ministers of the gospel of christ jesus , which is a spiritual administration● so that neither are the priests ministers of god in the same sense that the magistrates are ; nor are the magistrates ministers of god in the same sense that the priests pretend to be . yet this priest says , is not our case the same with theirs ? not at all , say i : for first , the judges are what they pretend to be : so are not you . they pretend to be civil magistrates , ministers of state ; and so they are indeed : but you pretend to be ministers of the gospel of jesus christ , and are not . . they are contented with that maintenance which their master , the supream civil magistrate , hath allot●ed them , and seek no further : but you are not contented with that maintenance which the supream spiritual magistrate , christ jesus , whom you ( though untruly ) call your master , hath allotted for the ministers of his gospel , but hunt about for more . and indeed , such very hirelings are the priests grown , that that parish which is able to give most wages , may have their choice of priests , take them upon tryal and hire which they will. i do not herein discover a secret , but write that which almost every body knows . in short , whether the priests are hirelings or no , let them judge who are fain to hire them , to bargain with them , and in small pa●●shes , and little vicarages , to engage and enter into covenants to them to make their wages worth so much a year , or else they would not stay with them , nor preach to them . nay , are not the priests hirelings to one another , as well as to the people ? do not many of the rich priests get three or four benefices into their hands together , and hire other poor priests ( whom they call curats , but the people call them iourney-men ) to preach for them ? and many of these vnderling priests are not beneficed-men ( as they term it ) b●t only drive a small trade , by preaching for others that either are not willing to take the pains , or cannot possibly themselves supply so many places , as t●ey have engrossed into their hands . thus these poor curats have some of them , two or three maste●●●piece , by whom they are plainly and positively hired , from whom they receive certain standing wages , and are engaged to preach or read prayers so many times in the moneth . now what will the priest● say of these ? may not these be justly called hirelings ? yes sure , and very canonical hirelings i think ; f●●●hey are priests hired by priests to do priests work : and if such priests be not hirelings , i confess i know not what an hireling is . but leaving this to others judgement , i return to the author of the right of tyth●s . § . . he begins in his . section thus . t. e. once more attempts to justifie the quak●rs in detaining tythes , although their separation be voluntarily ; but this is sufficiently confuted before , sect. . and i desire the reader only to remember the instance of the truant-boyes wilful absence from an endowed free-school , pag. . this which is a chief part of the controversie ( at least between the priests and the quakers ) the priests have little mind to meddle with , so far as i perceive . whether tythes are due at all from any , even from those that hear the priests , and receive their ministry , is the general question . but if tythes were due from those that receive the priest● ministry and hear them , yet whether they are due from the quakers ( and others ) who neither hear them , nor receive their ministry , is the particular question . the co●cluding the general question in the negative , concludes the particular question in it : but the concluding the general question in the affirmative , doth not include the particular question . if tythes ●re not due at all from any ( even from those that hear the priest● , and receive their ministry ) then to be sure they are not due from the quakers , who utterly disown them and their ministry . but if tythes co●ld be proved to be due from such as hear the priests and receive their ministry : yet it follows not that they are due from the quakers , who neither hear them nor receive them . so that the priests have a double task to perform : first to prove tythes due to them from such as do hear them ; secondly ( when that 's done , which c●n never be done ) to prove tythes due to them from such , as are so far from hearing them , that they altogether disown them . now the latter of these ( which is the direct and immediate case between the priests and the quak●rs ) the priests have been very backward to come to , and have as feebly performed ( if what they have said in this case may deserve to be called a performance ) as faintly undertaken . the first priest cast it off to the fag-end of his conference , pag. . and then too said as little to it , as well he could : yet to that little that he said ( scarce fifteen lines ) i returned him more than three pages in answer ; to which he was more wary than to reply a word . and the other priest , in his right of tythes , when he came to this part , where it behoved him to have shewed his utmost skill and strength , chose rather it seems to l●t it slip with a reference to another section , saying , this is suffciently confuted before , sect. . in which place too he only touches it by the by , and gives an instance of certain truant-boys wilful absence from an endowed free-school , which is the only thing he here desires his reader to remember . but what the priest hath said in that section , and particularly his bo●ish-instance , the reader may find fully answered , and i make no doubt to his satis●action in the third section of the third chapter of this book , to which , for avoiding needless repetitions , i refer him . but although the author of the right of tythes had no edge ( as it appears ) to meddle with this part of the controversie : yet that he might not be sentenced by the reader for a mute , if he should have wholely passed it by ; he thought it expedient to make a shew of saying something , and therefore pickt out a passage or two , on which he nibbles a little . first he says , pag. . t. e. saith , pag. . some ministers are vicious , and such as the apostle hath exhorted us to with-draw our selves from . he is willing i perceive to make my question a position , and i do not much matter if he do . the occasion of my words was this , the priest , in his conference , pag. . said , the minister is not to blame for their separation , &c. hereupon i asked , if the minister be one that for corrupt interest hath intruded himself ( as it seems by what he says in the conference , pag. . some such there be ) if the minister be a man of vicious and intemperate life , of a disorderly conversation , such as the apostle has exhorted to with-draw from , is not the ministir then to blame for the separation ? now i observe this priest is so cunning , that he neither attempts to clear the priests , nor at all undertakes to resolve the question . clear the priests he could not , their corruption being confessed by his brother priest in the th page of his conference , and that confession confirmed also even by national experience . to have answered the question had been no less difficult ; fo● to deny that a corrupt interest , a vicious and intemperate life , and such a disorderly conversation as the apostle has exhorted to with-draw from , are a suf●●cient and justifiable cause of separation , were to exceed all bounds of modesty ▪ and yet to grant , that , where this cause is , the minister is to blame for the separation , had been not only a contradiction to his brother priest , affirming the contrary ( which yet between them two had been no n●w thing ) but even a cutting with his own hand the throat of his own cause . to avoid all these dangers at once , he tu●ns my question into an assertion , and then instead of an answer to it , gives me a question to answer ; which is this . but do not the quakers separate from good ministers as much and as well as from bad ? this i confess is a pretty device to beg a conce●●ion that some of them are good ; but i will not grant him that . yet i would not here be misunderstood ; i speak not of them now as men , but as ministers . i reflect not ( in this place ) on their conversations , but on their ministry . some of them perhaps may be sober , t●mperate and of orderly co●versation ; but none of them are good ministers , because they are not the true ministers of the gospel of christ jesus , though they all pretend so to be . this premised , my answer is plain and short , in the negative , i deny that the quakers do separate from good ministers . he adds , a vicious minister may be a pretence to them who resolved to separate however ; but his vice is not the true cause of their separation . the causes of separation may be to dive● ▪ different . the vice of the minister to some , the vice of the ministry to others ; a debauched priest to some , a false and antichristian ministry to others ; and either of these is cause sufficient to separate upon . a priest's debauchery is cause enough to justifie a separation from that priest : a ministry's being false and antichristian is cause sufficient to justifie a separation from that ministry . and as that minister is to blame , whose debauchery is the cause of separation from him : so that ministry is to blame also , whose false and antichristian state is the cause of separation from it . but he says , i belye s. paul , in saying , he exhorts the people to with-draw from a bad minister ; he bids them not ( says the priest , pag. . ) with-draw from a father , but a brother walking disorderly , thess. . . was ever poor man so hard put to it ! how great a strait must he be in , that would make use of such a pittiful shift as this ! are the priests got so high , they disdain to acknowledge the people for their brethren ? they learnt not that from christ iesus , nor any of his apostles . for christ was not ashamed to call them brethren unto whom he declared the name of hi● father , heb. . , . and the apostles in their epistles salute the saints by the title of brethren . thus paul , rom. . . and in almost all his epistles . thus iames , chap. . vers . . thus peter , epist. . . thus iohn , epist. . . nor is any compellation more frequent in their writings , than this of brethren . yea , in that very place wherein paul gives this monitory counsel to the thessalonians , he calls them brethren . and says the divine iohn to the churches of asia , i am your brother , &c. rev. . . the apostles then and the rest of the saints were brethren it seems , and yet saith paul to the thessalonians , now we command you , brethren , in the name of our lord iesus christ , that ye with-draw your selves from every brother that walketh disorderly , &c. from every brother ! either then the minister must not be a brother , or , if he walk disorderly , must be with-drawn from , although he be a minister . besides , what were those false teachers that troubled the churches of galatia and corinth ? were they not bad ministers ? did not paul wish they were even cut off , gal. . ? and can any one think he would not have had the galatians with-draw from them ? but i do not at all wonder this priest is so unwilling the people should with-draw from a bad minister . next he says , i run again into my old mist●ke , applying christ's directions to his disciples on a private mission to vnbelievers , as if it were a standing rule for ministers amongst believers . this he draws from a close expostulation with the other priest himself , thus , he pretends to be a minister of christ. where did christ e're impower hi● ministers to make people hear them , whether they will or no ? or to exact wages of them although they did not hear them ? his instruction to his disciples was , whosoever shall not receive you , nor hear your words , shake off the dust of your feet , mat. . , the first part of this the priest steps over . the latter part he says is my old mistake . whether it be a mistake or no will appear . i urged it to shew that the apostles were not directed to press and pin their preaching upon any , but to shake off the dust of their fe● against those that should not receive nor hear their words . this he says was christ's direction to his disciples upon a private miss●on to vnbelievers , and he calls it my mistake to apply this as if it were a standing rule for ministers among believe●s . had this direction belong'd only to that private mission , as he calls it , paul & barnabas who were not imployed in that missi●n , nor converted to god till afterward , had had no share in this direction , nor any commission to use it . yet they , we see , long after christ's ascention , did punctually observe this direction , shaking off the dust of their feet at antioch against those that rejected their testimony , acts . . so that this direction had relation to the general commission , as well as to that particular mission , which he calls private ; and the mistake , whether old or new , is his own , in restraining it to that particular mission . in the next place he says , i compare the quakers , in rejecting their ministry , to the jews who rejected the apostles , and judged themselves unworthy of eternal life , acts . . this is a very silly catch , and hath neither truth nor wit in it . i made no comparison at all ; but shewed from that text , that the practice of the apostles was consonant to the instruction of their master . they preach the gospel to the iews . the iews reject it . they do not say , you shall hear it whether you will or no ; or however you shall pay us for preaching it : but they turn from them , and offer their message unto others . hereupon i said ( in truth prevailing , pag. . ) he greatly mistake , if h● thinks it to be the mind of christ to impose his gospel upon any , or , as the spaniards are said to have dealt with the indians , to make men christians whether they will or no : nay , nay ; he lovingly invites all ; he inwardly strives by his spirit with all ; he graciously tenders mercy to all ; but he obtrudes it upon none . and if he gave no authority to his apostles to compel any to hear them ; to be sure he gave them no power to demand , much less inforce a maintenance from such , as did neither receive nor own them . out of this last sentence ( passing over the rest ) he frames this quotation for me ; christ gave his apostles no authority to compel any to hear them . he replies , yes surely , he bid the● go into the high-wayes and hedges , and compel those whom they found there to co●● in , luk. . . h●s catch here is upon the word [ compel ] and a meer catch it is . compulsion or constraining is two-fold ; by fair means , and by foul . by fair means , as by entreaty , perswasion , reason , love , &c. by foul means , as by the severity and sharpness of penalties , whether corporal or pecuniary . he that observes not this distinction may easily err . of the first sort of compulsion instances in scripture are frequent . when christ , immediately after his resurrection , appeared to those two disciples of his that were going to em●us , and they drew nig● to the village , it is said , luke . , . he made as though he would have gone further ; but they constrained him , — and he went in to tarry with them . now what manner of compulsion was this ? how did they constrain him ; by fair means or by foul ? the text expresses how . first , by a kind invitation , saying , abide with us . secondly , by urging reasons why he should abide with them , for it is towards evening , and the day is far spent . in like manner , when lydia's heart was opened , she constrained the apostle paul and his company to come into her house , and abide there . here again we see is compulsion ; but of what kind , what nature ? by what means ? fair ? or foul ? by entreaty . read the text , acts . . and when she was baptized , and her houshold , she besought us , saying , if ye have judged me to be faithful to the lord , come into my house and abide there . and she constrained us . many more like examples might be added from cor. . . and . . gal. . . matth. . . mark ● . . but these are suffi●ient to shew that the word● compel and constrain ( which are synonomous , and indifferently used ) do not always import outward force and violence , or penal severity and rigour ; but frequently ( and in holy writ most frequently ) kind invitations , loving intreaties , gentle perswasions , and demonstrative reasons . now let us examin the text he urges , luke . . and see what is there intended by the word compel . the parable is of a certain man , that made a great supper , and bad ( or invited ) many guests . they urge excuses , but come not . the master therefore of the house bids his servant go into the streets and lanes of the city , and bring in the poor , the maimed , the halt and the bli●d . that done , and yet there being room for more , the master sends his servant again , saying , go out into the high-ways and hedges , and compel them to come in , that my house may be filled . for i say unto you , that none of those men which were bidden shall taste of my supper . consider now i pray , what manner of compulsion was either needful or proper to be used to such persons as are here described . is it proper to force guests to a feast , or send them to go●l if they do not come ? is it needful to whip poor hungry be●gars to a supper , or hale them in by the head and shoulders ? such persons as these , that had no better provision than they could get from the high-ways and hedges , would not need , one would think , to be dragged by force , or driven by blows to a good supper . if outward force and violence had been to be used , it seems more reasonable that it should have been exercised on them that were invited and did not come : but they we see were so far from suffering any such violent and penal compulsion , that after refusal , they were utterly excluded from the feast ; the master of the house saying expresly , none of those men which were bidden , shall taste of my supper , vers . . so that they that refused to come to the feast , were not fetched in by force : their punishment was to be shut out . and if the others who were brought out of the streets , lanes , highways and hedges , had made excuses and refused to come , as those did , there had been the same reason to ●ave shut them out also , as there was to shut out the former : but no more reason to have exercised violence towards these , than towards the former , upon whom for refusing to come , we do not find that any was used . but if these , that were brought from the highways and hedges , did not refuse , but readily came at the call , there was then no need of ( nor room for ) any such forcible , violent and penal compulsion , as the priest here speaks of . but to make it more evident that our saviour in this parable did not intend any such violent or penal compulsion as the priest would fain be at , let us con●ult the th chapter of matthew , where the same parable in substance ( though somew●at different in circumstances ) is delivered . there we read , that after they who were first invited had refused to come to the wedding dinner , the k●ng said to his servants , ver . . go ye therefore into the highways , and as many as ye shall find , bid to the marr●age . these were the same sort of guests , mentioned by luke , who were in the highways and hedges ; and yet we see this great king did not command , or impower his servants to use any other compulsion to them , than an invitation : as many as ye shall find , ●id [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] to the marriage . thu● that place in luke being aptly explained by this in matthew , it appears that those words [ compel them to come in ] import no more than , bid , or invite , them to the marriage . besides , if we look further into the parable , we shall find that when the king , taking a view of his guests , saw one there which had not on a wedding garment , and asked him , friend , how camest thou in hither , not having on a wedding garment . the man was speechless , and the king commanded his servants to bind that man hand and foot , and cast him into utter darkness . which plainly proves he was not brought in against his will , he was not driven in by force , nor dragged in by head and shoulders , for if he had , he had then had a fair plea to make , a ready answer to return to the question , how camest thou in hither , & c ? i was driven in by stripes , i was drawn in by force , i was brought in against my will , might he have said . had it been so , he needed not have been speechless , as it seems he was . and how , again , could it have stood with the divine justice of that great king to sentence a man to be bound and cast into utter darkness , for coming in thither without a wedding garment , if the man had been brought in by force , against his own mind , and that too by his command . but it is manifest that no such forcible , violent , penal compulsion as the priest aims at , was commanded or intended by our saviour in this parable ; and consequently that the word [ compel ] in this place ( luke . . ) is misunderstood , at least misapplied by the priest , and his yes surely is surely false . but he urges the judgment of augustine , that to compel men to that which is good , is very lawful , and an act of necessary charity to their souls , yea , a duty of christian-princes , &c. pag. . is it so ? how chanced it then that they , who , being invited to the supper , came not , were not ●ompelled to come ? doth the priest think the ma●te● of the house , who made the invitation , did not know what charity was necessary to th●ir souls , or was ignorant of the duty of a christian prince ? would he have omitted an act of such necessary charity ( had it indeed been charity ) or neglected a duty , had it been a duty ? but let us examin this position , and see if there be any thing of truth or reason i● it . the position is , that to compel men to that which is good , is very lawful , and an act of n●cessary charity to their souls , yea a duty of christian princes . first , who shall judge whether the thing to be compelled to , is good or no ; they that are to be compelled , or he that is to compel ? if they that are to be compelled may judge , it is not likely that they should judge that good which they must be compelled to ; for if they judged it good , they would not need to be compelled to it . if he that is to compel must judge , then whatsoever he shall judge to be good ( be it never so bad ) that must bear the name of good , and all must be compelled to receive it . secondly , concerning christian princes the like dissatisfaction may arise . possibly they who are compelled to that as good , which they believe is not good , may question whether they are christian princes that so compel . on the other hand , what prince is there throughout that part of the world which is called christendom , that is not ready on all occasions to assert himself a christian prince ? now therefo●e if every one that holds himself a christian prince not only lawfully may , but also , both in point of duty and as an act of necessary charity to the souls of others , ought to compel men to that which he judges good , what hinders then but he , whose ancestors received from rome the title of most christian king , and who professeth himself a son of the church of rome , lawfully may , yea must ( according to this position ) both as his own duty , and as an act of necessary charity to their souls , compel all protestants in his dominions to the romish religion , which he judges good ? thus , reader , thou seest the horrid consequence of this false and antichristian position . but this is the old argument of the papists , long since exploded and detested by men of reason and ingenuity , though sometimes , as now , made use of at a pinch of need , to countenance a corrupt and selfish interest . but he shews him●●lf a right romanist . he hath not only the popish argument for persecution , but the popish cloak also to cover himself withal . it is not , says he , pag. . the priests compel them , but the laws of the land. the priests indeed see them in desperate heresies and most wicked s●hism , and in pity to their souls , admonish them , warn them , thess. . . and labour to convince them by arguments ; yea , at length they use the censures of the church , and finally , as the last remedy complain to the secular magistrate , &c. what did bonner more , or the worst of popish bishops ? they did not use to burn me● themselves : but they got a law made that such as they declared hereticks should be burnt , and then they sentenced those for hereticks , that would not bow to them and their inventions , and prayed the magistrates to burn them . what odds in all this between the popish priests and these , save only that these are not yet come to popish fire and fagot , as himself well observes , pag. ▪ but besides this , is it all true that the priest says here ? do they descend by these steps to their church-censures and secular complaint ? do they admonish ? do they warn ? do they ever attempt to convince by arguments ? whom of a thousand is lie able to name for an instance of such procedure ? yet he says , this is no more than s. paul threatned , cor. ● . . and acted also , in delivering the incestuous corinthian to satan , punishing his outward man for the health of his soul , cor. . . s. paul indeed , did admonish often , did warn frequently , did labour to convince by arguments , and that earnestly ; but i never read before that he complained to the secular mag●●●rate , or so much as threatned so to do . i am sure the scriptures he hath quoted will not justifie this assertion . but if s. paul did not complain to the secular magistrate , then this , which the priests confesses they do , is more than s. paul did , and the priest , in saying it is no more , is found in a downright falshood . but to proceed . i said in answer to the former priest , if christ gave no authority to his apostles to compel any to hear them ; to be sure he gave them no power to demand , much less inforce a maintenance from such as did neither receive nor own them . this the latter priest transfers from the apostles to himself and his brethren , and makes a quotation out of it , with which he begins his th section thus , he adds , pag. . christ gave us no power to demand a maintenance from those who do not receive us . i perceive he is willing to creep in any how : but unless he had come in fairer , he is like to turn out again . i do not admit that christ hath given him power to demand maintenance of any body , no not of them that do receive him : for christ gives power to none in this case , but those whom ●e●ends , of which number he is none . however , i observe he doth not deny what i said [ viz. that christ ga●e his apostles no power to demand a maintenance from such , as did ne●ther receive nor own them ] but rather seems to grant it : for he replies , nor do we demand of the q●akers to give us one single penny more than what was given to us , and s●ttled on us many hundred years ago : we only ask our own ; we only ask that which the quaker did not take of his landlord , that which was or ought to have been abated in his rent , p. . don't you demand of the quakers the tenth part of their yearly profits ? could these be settled on you many hundred years ago ! the folly of this pretence is obvious of it self . but how many hundred years is it , i pray , since tythes were settled on you ? 't is but about years ago since the first statute-law for tythes was made , and that too was made both by papists and for papists . but he says , they only ask that which the quaker did not take of his landlord . they not only ask that which the quaker did not take of his landlord , but they also ask it out of that which the quaker did not take of his landlord , viz. out of the profits : for out of the profits only are tythes due , says this priest , pag. . now the quaker took the land only of his landlord , not the profits . he knew well enough what land he took , but he knew not , when he took the land , what profits he should have . the profits he receives afterwards by the blessing of god on his labour and honest endeavours , with the use and imployment of his stock , which his landlord hath nothing to do with . so that if the priest will needs claim the tenth part of the quaker's profits , because the quaker did not take it of his landlord , he may by the same reason claim the other nine parts of the profits too , because the quaker did not take them of his landlord neither . again , he says , they only ask that which was or ought to have been abated in his rent . i deny that . that which they demand , ( viz. the tenth part of the profits ) neither was nor ought to have been abated in the rent . if it shou'd be supposed that any thing is abated , yet the most that could be expected would be but the tenth part of the rent . and if the tenth part of the profits be no more than the tenth part of the rent , then must the whole profit be no more than the whole rent ; and what then shall the farmer have to defray his charge , and maintain his family ? but if the tenth part of the profit● , which the priest claims , be more than the tenth part of the rent , then ( according to the priest's own way of reasoning ) he demands more of the q●●ker than either is or ought to be abated . and indeed , what reason has a landlord to abate of his rent in consideration of ●ythes , which are not demanded out of the land , which be lets , but out of the profits only , which the tenant by ●is own labour , stock and industry ( through the blessing of god ) acquires ? however , how could the tenth part of the profits ●e abated in the rent , whenas the rent is certain and fixed for twenty years or more together , and the profits alwayes uncertain , never it may be of equal value two years together throughout the whole term , and sometimes perhaps in two years time may rise or sink half in half . again , he says , pag. . our right to tythes dep●nds not at all upon v●●ns being willing or unwilling to come and hear us . you are so much the more unlike the apostles , whom ye prete●d to be successors to . and the q●aker ( says he ) is sadly mistaken , to think we come to s●u them our sermons , or that tythes a 〈◊〉 price which is the quaker's own to give . the quakers are not at all mistaken in thinking you come to sell your sermons . they have known you of old , and before they were quakers they traded with you , and bought your ware , and paid full dearly for your sermons ; but they 'l never trade with you more : for they see your ware is nought , and they find you the worst sort of chapmen of any they have to do with . for ( as i formerly observed ) take the most greedy and over-reaching tradesman that one can find , tho●gh he should tell me his ware is very good , and that he has such as will fit my turn , yet he will not th●ust it upon me , whether i like it or no , but leaves me to 〈◊〉 own liberty , either to take it or to leave it ; and if i do not take it , to be sure he will never demand any thing of me for it . but this priest will either make us take his ware , though we neither like it , nor have any need of it ; or to be sure will make us pay for it , though we never take it . what can be more vnreasonable , what more dishonest than this ! § . . as for going to law for tythes , you have ( says he to his brother priest , § . . ) fully proved it lawful in the conference , and the quaker answers not one of your arguments ; so that till he reply to that , i will only note , that it is much against our w●ll , &c. i answered all his arguments for going to law for tythes , in proving at large that tythes are not due ; for no argument can justifie going to law for that which is not due ; and if tythes were due from the quaker to the priest , he should not need to go to law for them ; the quaker would be as ready to pay them , as the priest should be to receive them . i also shewed ( in my former answer , pag. , . ) that for a minister of christ to sue men at law for his belley , is without all precept , president , or ground in scripture , religion or reason ; and that it is contrary to the nature of a gospel-maintenance , which is altogether free and voluntary , not at all compu●sory . but this the pri●sts , both one and t'other , chose rather to let pass untouch't , than give occasion for further inquiry into it . but the other priest ( in his vindication of the conference , pag. . ) though he silently slips over what i said against priest ▪ going to law for maintenance , yet to blemish ( if he could ) the quakers , he says , whereas the quakers ( to make magistrates as useless as ministers ) used to declaim against going to law upon any occasion whatsoever , t. e. in contradiction to his brethren ; says , in civil cases it is no injustice for a man to recover his due by law. hereupon the priest asks , have the quakers received some n●w dispensation from heaven ? if not , how comes it to be lawful to go to law now in civil cases , when years ago the same thing was denyed by them as unlawful ? had he intended to have convicted me of contradicting my brethren , it had behoved him to have proved ( not only said ) that the quakers did use to declame against going to law upon any occasion whatsoever . not only honesty would have obliged him so to do , but common prudence would have led him to it . but seeing he has so confidently said it , without offering any proof , i put him upon the proof of it , and leave him under the imputation of slander , until he shall give a proof of his assertion . upon this false insin●ation he thus proceeds , the spirit then by which the quakers pretend to be inspired , either differs from it self , or is not the same spirit which the quakers so lately pretended to . the spirit by which the quakers are inspired , neither differs from it self , nor is any other spirit than that , which the quakers have alwayes not only pretended to , but injoyed . the quakers are led by the same spirit that ever they were , and their testimony is the same that ever it was . and truly i do not see but the priests also are led by the same spirit , by which they were led twenty years ago : for they b●lyed the quakers twenty years ago , and so they do still . of this black art this priest is master , and as one resolved by false reports to defame ( if he could ) them , whom by fair reasoning and plain arguments he is not able to withstand , he tells his stories of the quakers with as great confidence as if he himself believed them . one of them ( says he , vindication , pag. . ) told me very lately , that i accused the quakers falsly in saying that they neglect to crave a blessing upon their meat , which is now frequently practised among them : whereupon he says , if this be their minds now , formerly they talked at another rate : what ( said they ) we crave a blessing when we go to meat ? that 's stinting the spirit to a meal , to a breakfast , a dinner , or a supper . the quakers practice in this case now is no other than it alwayes was . they never neglected to crave a blessing upon their meat , but have alwayes used to wait upon the lord , in an holy fear and reverence , both to crave and receive his blessing . so that the priest is indeed a false accuser of the quakers in saying , they formerly talked at another rate . let him name those quakers ( if he can ) that have said , ( as he reports the words ) what we crave a blessing when we go to meat ? and to provoke him to it , let him take notice , that the charge of slander is left at his door . again , he blames the quakers for making their appeals to sessions and assizes , bringing a●tions , &c. though they know there can be no pr●c●eding in any court but that both witnesses and iuries must give their evidences and verdicts upon oath . if then it be truly so ( says he ) why will they be any occasion to bring a disgrace and reproach upon christianity ? vind. p. ● . that christianity is disgraced and reproached by oathes is too true , but that the occasion thereof is brought by the quakers is as false . the quakers do not desire that either witnesses or juries should give their evidences or verdicts upon oath ; but that both the one and the other should speak the plain and naked truth without an oath , and that under the same penalty as by oath , to which the quakers with all readiness of mind subject themselves , if they be found guilty of giving false evidence . it is not then the quakers fault that christianity is dishonoured by oaths , but it is the priest's envy that casts this false aspersion on them . but he charges the quakers not only with occasioning others to swear , but with taking oaths themselves too , and he says he is able to make it out . he should have done it then ; and i make no doubt but he would , if he had any ground for what he saith : for it cannot be supposed , that he who hath so grosly abused the quakers without all ground , would have spared them an inch in any thing for which he had had a real ground . he adds a couple of stories which he pretends to have heard from others . the one is of two quakers that took their oaths in answer to an exchequer bill , and very formally too , put off their hats , and kiss'd the book : and this he says , was lately told him by an attorney of great account and practice . his other tale is of a quaker who at a commission , came very formally to swear against the late bishop of lincoln , in a chancery suit. and that being asked by one of the commissioners ( from whom , he says , he had the account ) how it came to pass that he being a quaker would swear ? he told him , thou knowest that among hunts-men it was never thought amiss to kill a fox or badger by any means ; such being allowed no fair play , &c. leaving it to himself to make the application . these are matters of fact , depending upon personal evidences , which the priest ought to have produced , if he had intended to have dealt honestly . had he named the quakers whom he here accuses , or those persons from whom he pretends to have received his information , i would have taken the pains to have sifted his reports , and tryed the truth of his stories : and that i suppose he fore-saw , and feared . but seeing he hath chosen so dark a ●ath to walk in , to secure himself from being traced , i think it sufficient at present to tell him , first , that if any who bear the name of quakers have done as he reports of them , they have therein done very wickedly and evilly , and deserve as great condemnation and shame , as he himself does for thus belying them , if they have not so done . but secondly , for my own part , i do not believe his stories to be true , but that they are either forged by himself , or taken upon 〈◊〉 from others of his own temper , and thus cast abroad with an evil design to defame the quakers , and blast the reputation god has given them . as therefore i fairly provoke my adversary to give over creeping , and stand up like a man , and to bring forth his proofs and make good his charges against the quakers , if he be able : so i also make this just request to my reader , that he will not pre-judge us for such groundless reports , raised or spread abroad by our professed and avowed enemies , but will suspend his judgment till he sees a proof . if i had a mind to retaliate my adversary , i could do it very effectually , and give him a large catalogue of scandalous and infamou● priests ; but at present i forbear , intending to let the world see i defend a cause that has no need of such shifts . § . . i am now come to the conclusion of each of my adversaries books , in which i find neither any thing relating to the subject of the controversie , tythes , nor ought else that deserves to be taken notice of . they both take pains to justifie the ill lang●age , which the first priest gave in his conference , and indeed have so far out-done it since , that that may comparatively be thought modest . some few instances of which i gave before ( pag. . ) out of the right of tythes ; a few more i will add here out of the same book , that the priest may see his own complection , as well at going off as coming on , viz. these rebels in religion , pag. . such wretched pretenders as t. e. and his crew , pag. . t. e's head swimming with repeated revelations , pag. . his seditious follo●e●s , pag. . this unlucky way of immediate teaching , pag. . ignorance and confidence can inspire a raw quaker , p. . doting falshoods — as sensless as thy self ▪ pag. . what insole●ce is it for this novice , pag. ● . would have discovered his knavery in this false assertion , pag. ● . vagabond speakers , pag. . it is not to be wondred that he should defend his brother's unseemly expressions , who knew himself so deeply guilty in the like kind . but whether it becomes either one of them or the other , let the reader judge . the author of the right of tythes spends the greatest part of his section ( which is the conclusion of his book ) in flouting and jeering , deriding and scoffing , disdaining and scorning me ; but in all that i see no argument ( unless it be of a bad ●ause and mind ) therefore i let it pass . but he observes that the former priest had said , the primitive christians were quite different from the quakers , & that i had called it an old overworn objection : whereupon he says , the quakers may be ashamed to let the objection grow old and over-worn , before they have either confessed the truth , or made some satisfactory reply thereto , pag. . but let him know , the objection is over-worn with being often replied to already ; it is worn with being answered over and over . so that the priests may rather be ashamed to urge an objection t●at is so over-worn with answering . besides , he may remember that his brother priest urged this objection with reference to a future debate , as pr●vidence should give occasion and assistance ( conference , page last ) which i took notice of in my former answer , pag. . and gave as the reason why i would not anticipate his work : but providence , it seems , has not yet assisted him in that attempt ; and indeed , if he never begin it till providence assists him , i never expect to see it . not only the objection , but himself also will ere then be old and over-worn . but i perceive by this priest , it was expected that i should forth-●●th have entred upon the work , and have proved that the antient christians had not this , that and the other rite : for he says , pag. . if he ( meaning me ) can prove that these antient christians had no distinct order of men , — no sacrament , no catechizing , &c. and so goes on to reckon up a matter of ten no's , with an et caetera , for me to prove . but where all this while was his learning asleep , when he put his opponent to prove not only negatives but et caet●ra's also ? was this like a disputant ? his mind , it seems , was up in the jollity , laughing at the ignorant quaker ( as may be gathered from his own words at the entrance of this section ) till he cou'd not 〈◊〉 the absurdity he ●an into , but expos'd himself to the laughter of others that are not more serious than himself . nor did he perhaps perceive the gross contradiction he brought forth in his mirth , when telling his brother the occasion he took to smile , he says it was , to observe what rare effects the happy conjunction of ignorance and f●lly have produced in your adversary ( meaning me ) and yet a little after , adds , i am apt to hope , when they ( the quakers ) shall see how plainly the ignorance and malice , the hypocrisie and mistakes of this their bold champion ( meaning me ) are detected , they will begin to perceive , that their p●inciples are not to be defended , no not by the most politick equivocation and sophistry . but are not the most politick equivocation and sop●●stry rare effects indeed of a conjunction of ignorance and folly ? so rare i think that they were never yet known to proc●ed from such a conjunction . what unhappy conjunction was it then of mirth and somewhat else that produced this rare effect in him , to make the most politick equivocation and sophistry the effects of ignorance and folly. but leaving him to recover himself ▪ i will wipe off an aspersion which the other priest hath cast upon the quakers ; which , having no relation to the case of tythes , i thought fi● to refer to this place , that i might not by interweaving it ( as he has done ) with the subject of tythes , interrupt the course of the preceding discourse : and the rather , because , though he brings in his cavil towards the beginning of his chapter of tythes , pag. , he repeats it in the conclusion of his book , pag. . t●e matter is this . the author of the conference , amongst his many abuses , charged the quakers with mis-applying that text , ier. . . the priests bear rule by their means . and because i took no notice of it in my former answer , he ( in his vindication , pag. . . ) begins to insult and boast , as if i had therefore passed it by , because i knew neither how to answer his argument , nor vindicate the reputation of my own party ; and that , not knowing how to excuse this , i had put it into the catalogue of minute passages . minute enough it certainly is to be put into such a catalogue . but to let him see he glories in a false reason , i will give him the true reasons why i did not think it deserved an answer . first , because he brought it in with an idle story ( as himself calls it , pag ▪ . ) o● the invention of guns and powder , no way pertinent to the subject he was upon , but a very silly digression from the matter , which i have observed frequent in him , and take for an indication of a discomposed brain . secondly , because though he charged the quakers with mis-applying that text , ier. . . yet he neither named any quaker by whom , nor any book in which that text was any way app●ied , or so much as at all mentioned : so that his charge had neither top nor bottom , head nor tayl. who then could have thought the man so idle to expect an answer to such an idle charge ! but now ( in his vindication , pag. . ) he quotes , after an odd manner , a tract ( so he stiles it ) called , some of the quakers principles , put forth ( he says ) by isaac penington , and the second quaker there ( he tells us ) has this passage . but i can tell him there is no such tract put forth by isaac penington ; although a book there is bearing this title , some principles of the elect people of god in scorn called quakers ( which is a collection of some particular passages , relating to our principles , taken out of several books of divers men , and published together ) but neither was this put forth by isaac penington , although his name be to some parts of it . this i take to be the book which the priest refers to : and though he cites no page thereof , yet finding in the fifth page that passage ( i suppose ) which he cavils at , i will set it down at large as it there stands . the title of that page is this , grounds and reasons why we deny the world's teachers ; and the third reason is thus given , viz. they are such priests as bea● rule by their means , which was a horrible and filthy t●ing committed in the land , which the lord sent ieremiah to cry out against ; while we ●ad eye ▪ and did not see , we held up such priests , but the lord hath opened our eyes , and we see them now in the same estate that they were in , which ieremiah cryed out against , who did not bear rule by his means ; and therefore we deny them , ier. . . this is that paragraph to a syllable ; in which there is no foundation for the priest's cavil : for the quaker doth not say ( as the priest suggests ) that those priests , mentioned by ieremiah , did bear rule by their estates ; but that these priests , whom we deny , are such as bear rule by their means or estates . those priests , in the time of the prophet ieremiah , did bear rule by means of the false prophets : these priests now adays do bear rule by means or help of those estates which they get from the people . that was an horrible and filthy thing then : this is an horrible and filthy thing now . for the horribleness and filthiness of the thing must not be restrained to their bearing rule by those particular means only , and no other : for if they had born rule by any other false and indirect means , it would have been an horrible and filthy thing , as well as it was in their bearing rule by means of the false prophets . for the only means by which the priests of god ought to bear rule is the spirit and power of god , the vertue and influence of the divine truth ; and those priests that take upon them to bear rule by any other means than this , commit an horrible and filthy thing . thus did those priests in ieremiah's time ; they bore rule , not by means of the divine spirit and power , not by means of the heavenly vertue and influence of t●uth , but by ●ther means , viz. by means of the false p●ophets , and therefore the true prophet cryed out against them . and thus do priests now adayes ; they bear rule , not by means of the spirit and power of god ; not by means of the divine vertue and influence of truth , but by other means , viz. by means of those estates which they get from the people , and therefore do we , in the name of the lord , deny them . now it is manifest , that the author of that book , out of which this passage is taken , did not say that those priests of old and these of late did both bear rule by one and the same means ; but the scope and dri●t of his words there is to shew , that they did both bear rule by false and unlawful means : for he says ( in the place fore-quoted ) while we had eyes and did not see , we held up such priests , but the lord hath opened our eyes , and we see them now in the same estate that they were in , which ieremiah cryed out against , who did not bear rule by his means . so that herein it is that he shews they agree ; in this it is that he draws the comparison between them , viz. in that they did not bear rule by god's means . in this they were both in the same estate , namely , in that they did both bear rule by wrong means , although they did not both bear rule by one and the same wrong means . the identity or sa●eness is not refer'd to the particular means by which they did and do bear rule , but to the estate which they were and are in ▪ who did and do bear rule by indirect mean● . therefore , observe , he doth not say , we see them now bear rule by the same means that they bore rule by which ieremiah cryed out against : but he says , we see them now in the same estate that they were in which ieremiah cryed against , who did not bear rule by his ( viz. god's ) means ; which was an estate of apostacy and degeneration , an estate of alienation from god , and of rebellion against him , usurping to themselves an authority , and bearing rule over the people , but not by god's means , not by those means which god had appointed , viz. by the divine vertue and heavenly power of his holy spirit , but having recourse to other means to get up , and to keep up a domination and rule . now although the means , by which those priests then did , and these now do bear rule , are not specifically the very same ; yet are they one and the same in nature , that is , they are both wrong means , both unlawful means , both such means as god neither appointed nor allowed , which is the ground of their being disclaimed , and declamed against both by the prophet of old , and by us now . so that they are the same , in that respect , in and for which they were and are disowned : and in that part it is that the comparison lies ; with respect to that part the parallel is drawn . nor doth the allusion to the prophet's words strictly tye the alluder to an exact comparison in every point and circumstance ; but it is sufficient , that the comparison holds in that part , upon which the argument is grounded . now the quaker's argument here against the priests is grounded on their bearing rule by false and indirect means , by such means as are not god's means : and these priests being compared ( in this respect ) with those priests in ieremiah's time , the comparison is found to be true and good ; for those priests , then did bear rule by means alike unlawful . and the prophet's crying out against those priests then for committing thi● horrible and filthy thing , doth justifie the quakers in crying out against these priest● now , for committing a thing of the like nature . by this time i doubt not but i have satisfied the reader , that the quakers do neither mis-interpret ▪ nor mis-apply that text of the prophe● , ier. . . but that the priest has grosly abused the quakers , and manifested an envious and foul mind ; in charging them hereupon with sottish ignorance , and calling them chea●s and impostors . and seeing the priest says in his vindication , pag. . had t. e ▪ c●eared his brethren from the imposture , he had effectually convicted me of virulency ; i hope the reader will here find my brethren so effectually cleared from the priest's false charge of ●mp●sture , that he will see the priest effectually convicted of virulency , even according to his own conf●ssion . but leaving that to the read●●'s judgment , let me now take the liberty to expostulate a little with the priest , and ask him why he did not answer those grounds and reasons , which ( in the book before-quoted , out of which he pi●k't this passage to cavil at ) the quaker gave why we deny the world's teachers ? he charges me with leaving my argument to catch at , or play upon a word or phrase , vindicat. pag. . but has not he charged his own guilt upon me ? has he not here catched at and plaid upon a word or phrase , and let the arguments pass untouched ? again , his brother priest says , in another case ( though without cause , as i have already shewed ) the quakers may be ashamed to let the objection grow old and ●ver-worn , before they have either confessed the truth , or ●ade some satisfactory reply thereunto , right of tythes , pag. . but how long have these objectio●s lain against the priests ! ( it is little less than twenty years since they were first printed ) might not they well be ashamed ( if they were not past shame ) who , in all this time , have neither confessed the truth , nor made any satisfactory reply to the objections ? this priest could find in his heart to look among the grounds and reasons there given , to see if he could find any thing to carp at ; but let whoso will answer them , for him . he had not it seems ingenuity enough to confess the truth ; nor courage enough to undertake a reply to the reasons . nay , he did not so much as attempt to answer that one reason , out of which he took his cavil , vi● . that they are such priests as bear rule by their means . that they are indeed such , is too notorious to be denyed : and according as their means are gre●ter or less , so do they bear more or less rule over the people . what parish is it that knows not this b● sad e●perience ? yet hath he neither confessed the truth of this , nor made any ( much less a satisfactory ) reply thereunto . besides , in that very page , out of which he catched that word he hath so played upon , the priests are charged to be such shepherds that seek for their gain from their quarters , and can never have enough , which the lord sent isaiah to cry out against , &c. isa. . . they are charged to be such shepherds that seek after the fleece , and clothe with the wool , and feed on the fat , which the lord sent ez●kiel to cry out against , &c. ezek. . they are charged to be such prophets and priests that divine for money and preach for hire , which the lord sent micah to cry against , and whilst we put int● their mouthes , they preached peace to us ; but now we do not put into their mouthes , they prepare war against us , mic. . . may not these priests be ashamed to let these objections ( and many more in the same book ) lie near twenty years against them , and neither confess the truth , nor make any satisfactory r●ply thereunto ? had it not bee● more for this priest's credit , to have endeavour'd , at least , to remove these objections , by a sober answer to the grounds and reasons in the fore-mentioned book given , than to catch at a word , as he has done , and only play upon a phrase , to exercise upon it his abusive wit and sophistry , as he most falsly charges me to have done ? but let this suffice to manifest the injustice of these priests , in charging the quakers and me with those very things , which they themselves are so deeply guilty of . § . . now , for a conclusion of this treatise , i recommend to the reader 's diligent o●servation , the following particulars , as a brief r●capitulation of the whole . . that tythes ( or an exact tenth part ) were never due by the law of nature ; by the eternal , moral law ; that● there is no eternal reason for that part , nor internal rectitude in it . . that abraham's giving the tythes of the spoyls to melchizedec , and iacob's vowing to give the tenth part of his increase to god , being both of them spo●taneou● and fr●e acts , are no obliging precedents to any to give tythes now . . that tythes are not now due by vertue of that mosaick law , by which they once were due , that law being peculiar to the iewish polity , and taken away by christ at the dissolution of that polity . . that tythes were never commanded by christ iesus to be paid under the gospel , nor ever demanded by any of the apostles , or other ministers , in their time ; that there is no direction , no exhortation , in any of the apostolick epistles , to the churches then gathered , for the payment of tythes either then , or in after times ; that there is no mention at all of tythes ( they are not so much as named ) in any of the new-testament writings , with respect to gospel-maintenance , although the maintenance of gospel-ministers be therein treated of . in a word , that tythes were not either dem●nded or paid in the first and purest ages of the christian - church . . that those donations of tythes which are urged by the priests from ethelwolf and others , were made by papists ( not in their civil , but religious capacity ) and were the effects of the corruption of religion . . that tythes being claimed as due out of the profits only , those donors could extend their donations no further than to t●e tythes of those profits that did belong to themselves , and of which they were the right owners . but the pr●se●t profits not belonging to them , but to the present occupants ( who are as really the right owners of these profits that arise now , as they then were of those profits that arose then ) and the present occupants , who are the right owners of the present profit● , not having made any donation of tythes , it follows , that tythes are not now due by vertue of any donation from the right owners . . that the laws , which have been made for ●he payment of tythes , not making nor intending to make the priests a right to tythes , but supposing they had a right to tythes before , if that supposition prove to be false ( as it plainly and evidently doth ) and it now appears that in very deed the priests had ●o right to tythes before , then ha●e the priests no right to tythes now by v●rtue of these laws . for those laws not intending to make the priests a 〈◊〉 right , but ( by mistak● ) supposing they had an old one ; that old one being tr●ed and ●●oved 〈◊〉 , they have now neither old nor new . t●us it appears that the priests have no right to tythes by the law of god , no right to tythes by the gift of the right owners , no right to tythes by the laws of the land. . t●at tythes , as taken in this nation , are a very great oppress●on , an unreasonable and unequal imposition . vnreasonable , in that , under pretence of taking the tenth part of the profits , the priests take the tenth part where there is no profit , but loss ; in that , under co●our of taking the tenth part of the increase , they take the tenth part where there is no increase , but d●crease ; and the same seed is tyth●d twice . vnequal , in respect both of the payers , and of the 〈◊〉 ▪ in respect of the payers , in that the burden lies chi●●ly on the poor farmers and husbandm●n , and men of 〈◊〉 estates pa● least : so that he that has many thousands a year scarce pays so much tythes , as he that rents a farm of fi●ty pounds a year . in respect of the receivers , in that one priest hath as much as ten others . for some of the priests engross to themselves the tythes of three or four parishes , amounting to four or five hundred pounds a year ( and some to more ) whenas others are g●ad of a small vicarage of thirty or forty pounds a year ; and some are fain to play the curats for twenty pounds a year , if they can get it . and yet these last are as much priests , as much ministers , take as much pains , ( to as little purpose ) are as good men , and perhaps as well learned , as many of the others ; only they are not able to make so good friends to the bishop or the patron . . that tythes being claimed by the priests as wages for work , it is the highest injustice in the priests to take tythes from the quakers , who neither set the priests on work , nor like their work , nor receive their work . . and ●astly , that tythes are utterly inconsistent with the gospel-state , and with the christian - religion . for tythes being a part of the ceremonial law , and peculiarly belonging to the iewish polity , which christ came to end and take away ; the continuing , or restoring of tythes , is equally a denyal that christ is come in the flesh , as the continuing or restoring of any other part of the ceremonial law ( as of circumcision , b●●ody sacrifices , &c. ) would be . these things i request every sober reader to weigh well , and consider seriously of ; that he may no longer consent to or act in a thing so greatly dishonourable to our lord iesus christ , and to the true christian-religion ; but in patient suffering , contentedly sit down amongst them , who conscientiously refusing to pay . tythes , do peaceably and quietly , by a passive obedience , submit to what authority requires , waiting in stillness and patient hope , till god shall be pleased to open further the eyes of princes , and incline their hearts to break this painful yoke , and ease the people of this heavy burden , und●r which the nation groans . errata . of the faults of the press , the most considerable are here corrected . others of less moment ( as mis-pointings , mis-placing of letters , putting [ e ] for [ a ] and othe● literal mistakes ) the ingenuous reader is desired to excuse . page . line . for men read man. p. . l. . r having p. . l . r. became . pag. . l. . f have r. h●w . pag. . l. . r. psal. . . p. . l. . after before , make a full point . p. . l. . af●er hold , make a full point . p. . l. . f. thing r. hinge . p . l. . f. gleaned r glanced . l. . ● . presentel r. prosecuted . p. . l. . f. , , . r , , . p. . l. . r. gen. p. . l. . f. that , r. this. l. . r. gen. . p. . l. . r. ie●●ram . p. . l. . f. ●rus●ily , r. craftily . p. . l. . r. rites . p. . l . r ●ther . p . l . r precarious . p and p . are ●et twice . p . l , & . r profi●s . l . after whether , r this p l . after of , r abraham and. p ● again , l . f concerning , r of comparing . l . dele and dispensation . l . f there , r these l . r father . p . l . r is the lord's . l . f state r 〈◊〉 . p . l . r learn. p l , & r b●za turns . p l . r implying . p . l r mat. . p . line la● , after und●●e , r being the weightier things of the ●aw 〈◊〉 should ye have done these things , and also n●t have left the other und●●e p . l . after all , r the ce●em●nie● of . l . f r . p . l . r page ● p . l . r meat . p . l . f title , r tythe . p . l ● . f pay r 〈◊〉 l . after cerem●nies , r by the death of 〈◊〉 . p l . af●er that , r was . p . l . after to , r god a●d . p . l . r 〈◊〉 . p . l' . f therein , r then . p . l . after that , make a full point . p . l . r call me p . l . dele not . l . af●er hindred , r not . p . l . fare , r were . p . l . f . r . p l . r rased . from p to p . the paginar figures are mi●●aken . p . l . r m●ny . p . l . r manda●u ● . p . l . r venund●bant . p l . r cypriani . p . l . r tess●resdecatite . from p to p . the paginary figures are mi●●aken . p . l . & l . r curse . p . l . r funiculus . p l after sin , r in praying to saints . p l after other , r fixed . p l f . r . p l after end , r of . l dele of . p l ● r unive●sal● . p l after or , r l. l r religious . p l r lot●●r . p l r 〈◊〉 . l r adjurante . l r custodire d●ooverunt . p . l ● r p●tria . p. l r vicaries . p l r idololatria l r ●ings . p l f least , r servant . p l f as examples , r ab exemplo . p l r page . l f these , r their . l r me● . p l read durandus . p l after bede , read eccles. hist. lib. . cap. . l r ●mma . l r tunna . p l after maintenance , read these . p l f own , r only . p l r hal●owed . p l ● r covin . p l r subsequent titles . p line last , read christian church . p ● l f ver . r rev. l ● r primus . p l r ablegarent . p l r indesinenti . p l r temporalibus . l d ele and. p l r authoritativus . p l r page p ● l ● annuit . l r monasterium . p l r imperijs . p ● l f ethically to be increased , r ethnically to be incensed . l f have shewed , r shall shew . p l after seeking , r thereby . p l r nuzled . l after holy , r church . p l f are r were . p l after christ , r by the anointing . p l . after grace , r and. l read pet. . . p l after and , r did p l f such , r other . p l f fully , r folly . p l after equal , r temporal . p l f ●lamning , r claims . l f next , r rest . p l read mat. , . p l f clearer , r clever . l read ●ight of tythes . p l r sect. . p l r sect. p l dele a. p l f at , r of . p l 〈◊〉 f for , r from . p l after of , read tythe to . p l for sayes , read saw p l read place . p l for then , read them. p for whereon , read wherein . line f conclude , read collude . the end ▪ notes, typically marginal, from the original text notes for div a -e bed. l. . c. . l. . c. . l. . c. . l. . c. . l. . c. . acts . . & . . and . . one out-cry more against tythes unto the chief ruler of the nation of engand [sic] and all that are with him of god permitted to be in present authority, whether parliament, councel or army; by whatsoever name or title known or called: but in a more especial manner, to such of them as are yet remaining faithfnl [sic] unto the former declared for, and never to be forgotten cause of king jesus, who are such as have not departed, through sinning against the light of a good conscience, ... and yer notwithstanding, you that are in present power know these things, do even as he did, suffer the saints in your name, and by your power daylie to be imprisoned, and otherwayes afflicted; and that you may not be ignorant thereof, i have been moved to make the same known unto you by way of declaration, which is grounded upon the holy scriptures; wherein is contained the manner of our sufferings, and by whom: ... written the beginning of the second month, . by isaac grayes, prisoner for the cause of christ in the wood-street compter, london, ... one out-cry more against tythes unto the chief ruler of the nation of england. graye, isaac. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) one out-cry more against tythes unto the chief ruler of the nation of engand [sic] and all that are with him of god permitted to be in present authority, whether parliament, councel or army; by whatsoever name or title known or called: but in a more especial manner, to such of them as are yet remaining faithfnl [sic] unto the former declared for, and never to be forgotten cause of king jesus, who are such as have not departed, through sinning against the light of a good conscience, ... and yer notwithstanding, you that are in present power know these things, do even as he did, suffer the saints in your name, and by your power daylie to be imprisoned, and otherwayes afflicted; and that you may not be ignorant thereof, i have been moved to make the same known unto you by way of declaration, which is grounded upon the holy scriptures; wherein is contained the manner of our sufferings, and by whom: ... written the beginning of the second month, . by isaac grayes, prisoner for the cause of christ in the wood-street compter, london, ... one out-cry more against tythes unto the chief ruler of the nation of england. graye, isaac. [ ], p. printed for the author, and some of them are to be sold at the black-more, neer fleet-bridge, london : . a r is blank; title page on a v. caption title on p. reads: the unlawfulness of the national priesthood, with their unjust demands proved by way of grounds & reasons, laid down according to the holy scriptures, why there ungodly wages of tythes, by the suffering, persecuted, and every wayes afflicted members of christ jesns [sic] in this their day of faithfulness to him, are denyed, as by this following declaration will be made appear. reproduction of the original in the friends house library, london. eng tithes -- england -- london -- controversial literature -- early works to . a r (wing g ). civilwar no one out-cry more against tythes unto the chief ruler of the nation of engand [sic], and all that are with him of god permitted to be in pres graye, isaac c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion one out-cry more against tythes . vnto the chief ruler of the nation of engand , and all that are with him of god permitted to be in present authority , whether parliament , councel or army ; by whatsoever name or title known or called : but in a more especial manner , to such of them as are yet remaining faithful unto the former declared for , and never to be forgotten cause of king jesus , who are such as have not departed , through sinning against the light of a good conscience , by opposing such as would have promoted the same , nor have sought by any secret endeavours to hinder and obstruct the performing to god almighty , and making good unto his poor every-wayes-wronged people , viz. all those many national-engagements , declarations , remonstrances , protestations , vows , oaths and covenants , with solemn appeals , which unto him were in the dayes of greatest distress made for obtaining deliverance from sions destroying bloody enemies , to the end christs kingdom might be advanced , and satans kingdom of tyranny defaced , and the government of the lord god of israel , by his holy , just , and good laws , ordinances , statutes , and righteous judgements be established in the room of the popes destroying power , which upholdeth wicked devouring men as yet to tyranize over the dear saints and servants of god for their consciences , as much as ever they did in the kings time , who in his days regarded not what tyranny by his power , and in his name was done against the members of christ , as did appear by his suffering of them to be so inhumanely used as they were , both by imprisonments , banishments , and setting of them gagged in pillories , burning of them with hot irons , and cutting off their ears from their heads , besides whipping and stocking , with many more bloody cruelties ; all which cruelties being by the king suffered and connived at , was the only cause why the wrath of god with his revengeful judgements came upon him , his posterity , and the three nations of england , scotland , and ireland , &c. and yet notwithstanding , you that are in present power know these things , do even as he did , suffer the saints in your name , and by your power daylie to be imprisoned , and otherwayes afflicted ; and that you may not be ignorant thereof , i have been moved to make the same known unto you by way of declaration , which is grounded upon the holy scriptures ; wherein is contained the manner of our sufferings , and by whom : together , with serious advertisements concerning the abuse of power , and the abominations of priesthood , the wickedness of lawyers , with them combining for to destroy the just from off the earth . written the beginning of the second month , . by isaac grayes , prisoner for the cause of christ in the wood-street compter , london , where i have been kept above three years ; given forth for the sake of such as with my self do suffer for the testimony of faith and a good conscience . for if i build again the things which i have destroyed , i make my self a transgressor , gal. . . and thinkest thou this , o man , that judgest them which do such things , and dost the same , that thou shalt escape the judgement of god ? rom. . . let all such therefore take heed that their own wickedness of backsliding do not come when it is too late to correct them , let him that is wise in heart read with understanding , jer. . . london , printed for the author , and some of them are to be sold at the black-more , neer fleet-bridge , . the unlawfulness of the national priesthood , with their unjust demands proved by way of grounds & reasons , laid down according to the holy scriptures , why there ungodly wages of tythes , by the suffering , persecuted , and every wayes afflicted members of christ jesus in this their day of faithfulness to him , are denyed , as by this following declaration will be made appear . humbly sheweth unto you , o ye rulers of the people , the abominations which are committed in the matters of tythes by the called ministers of england , and others , for as much as that it doth evidently appear by the law of the lord god of israel , tythes were given to levi and his sons , and to such as with them were appointed of god unto the office of the first priesthood , and none else , who had a commandment to take tythes of the people according to the law , that is of their brethren , as may appear ; of vvhich priesthood the priests of this nation are not ; for they cannot prove themselves made by the law of god , as the first priesthood vvas ; neither can it be made appear they ever received from the lord god of israel any such commandment for their taking tythes of the people of england , as the aaronical and levitical priesthood did for their taking tythes of their brethren the children of israel ; as for the priests of this nation it vvill appear they never vvere made priests of god , but by the late bishops , who themselves vvere formerly made by the pope of rome , as i shall make appear tovvards the later end of this treatise , by the lavvs and statutes of this nation and again i find that the priests , the levites , and all the tribe of levi had no part of inheritance vvith israel , and therefore vvere they appointed to eat the offerings of the lord made by fire ; because they had no inheritance amongst their brethren , for the lord vvas their inheritance ; read deut. . v. , . and as it doth appear by moses in his refusing to give them any possessions of lands vvith their brethren after god had given them victory over such of their enemies as they became possessors , viz. of the lands of those many kings vvhich vvere slain of them by the edge of the svvord ; and nothing vvas by moses given to the tribe of levi , because said he , the lord god of israel vvas their inheritance , as he had said unto them , josh. . , &c. and again it doth and may appear , that the lord god of israel did appoint store-houses , unto vvhich the people were expresly commanded in the time of the first covenant for to bring their tythes , that thither the widovv , the fatherless , and stranger , might also come within the gates of the priests to be filled ; by which it is manifest , that the widovv , fatherless and stranger had as much right to the tythes as the priest ; through vvhich relief there vvas not a beggar in israel ; neither vvere they ( the priests and levites ) permitted to persecute any upon trebble damages vvho did not bring their tythes according to the commandment of the lord ; for they that did neglect vvere cursed vvith a curse , as it is evident , mal . novv the contrary doth appear among the priests of england ; whom i have heard often say , they vvere of gods ovvn tribe of levi , and yet live in the practise of such abominable things , and do also justifie such as with them do the same , as never vvas committed nor done in the time of the first priesthood , as is daylie made manifest in that unsufferable vvickedness of theirs in taking avvay peoples cattel out of their yards , and goods out of their houses for pretended tythes upon trebble damages , which is three for one , against the express lavv of god ; vvhereby it doth and may appear unto such as are vvith my self of the seed of israel , that it is not only the priests fault alone , who are not of god , but you sin in suffering of them , as you are the rulers of the people , who do permit them in your name , and by your povver , to do what they do : these evils rightly considered , doth give a discovery that you are departed from the lord god of israel , whom you once declared for , as doth appear by your taking part vvith the priests , who are his enemies ; or else if it were not so , your consciences would teach you to obey , observe and keep the laws ; statutes , commandments , precepts and judgements of the lord as vvell as my self ▪ vvho for keeping the same do suffer ; which would not be if you did stand in the counsel of the lord , vvhich then you vvould seek to do his will by seeing his laws duly and truly executed upon such as are the breakers thereof , vvhich vvould cause your dayes to be prolonged in the land vvherein ye yet live as so many enemies to that most holy god , whose just and righteous laws yea even hate to obey , observe , and keep , and in effect do amongst your selves conclude , that the government vvhich god almighty did appoint his people to be governed by according to his righteous order , vvhich by you is not judged good enough , nor wise enough to be governed by in your generations , as is evident by your ruling of the people with such laws as you and other transgressors before you did from imagination make , and set up to oppose the laws , commandments , and statutes of the onely wise god ; for vvhich vvickedness of theirs so committed , the just judgement and vengeance of the lord hath from one generation to another destroyed both them and theirs from off the earth , and yet you are not sensible for what they have been cut off , although he hath made use of you as instruments in his hand to cut off the late king for his disobedience to the lord god of israel , who stood not in his counsel , but vvas driven aside by the flattery of wicked priests and lawyers as you are , although little notice by you is taken thereof . i therefore desire from my heart in love to your souls , that you did fully understand and know wherefore the lord did permit you to put the king to death , and then you would seek how to do his vvill , and not your own ; and then who do you think would harm you ? but because you do not , therefore it is that you delight not in the law of the lord , as king david his servant did , for which cause plots and conspiracies are daylie and justly ●y him suffered for to be contrived against you , which hitherto hath been discovered to that end and purpose , that you might be warned for to return unto the lord from the evil of your doings , before destruction in good earnest doth come upon you , and then it will be too late to seek repentance , or to wish you had unto god and his people paid your vows ; now know , that through your disobedience unto him whom you have promised reformation unto , and yet have not performed what you have so promised , the number of of oppressors under you have taken boldness for to increase ; at which the lying national priests do rejoyce , who do in like manner make their boast , and say , that they will have tythes paid unto them upon force , by such people as do refuse for conscience sake , or else they will take away their goods , which daylie they do in your name that are the chief rulers of these three nations , viz. england , scotland , and ireland ; and by your power they also imprison the saints as they did in the kings time , for that they cannot in conscience pay tythes ; the priests excusing the manner of their tyranny so committed , doth lay the fault and blame upon you , they saying they are enforced to do what they do because you require of them offerings or first fruits , which they cannot pay unto you , unless the people first pay the same by way of tythes unto them ; now if it be so betwixt you and the priests , then where is that liberty of conscience performed , with your former engagemens , declarations , remonstrances , and those many oaths , vows , and covenants discharged , which were made in the sight of heaven , in the dayes of your distress , when you were entrusted by the people of god ( as their servant ) to fight their battels , viz. at dunbar , worcester-fight , and several other places , as you cannot but remember , was put forth under pretence of publike liberty , but are all yet unperformed , with your last promise also , which you made to my loving friend , mr. iessie , and several other friends , concerning your taking away of that yet continued antichristian oppression of tythes , which should be done ( said you ) by the third day of siptember , which was in the year . or if they were not taken away then you bid them call you juglers : novv knovv , that had this last promise vvith your former remonstrances , engagements and protestations , &c. been by you really intended for to have been performed , according to vvhat you pretended , then my self , vvho formerly have made redress unto you , and many more of the dear saints and faithful servants of the lord god of israel , could not have been by you suffered for to be thus ruinated in our outvvard estates , many of us as are , and yet notvvithstanding , our persons kept prison for that vve cannot sin against our consciences in paying tythes ; in vvhich prison i have been many times in danger of being throvvn into the hole through poverty , vvhich hath made me unable of my self for to provide moneys for to pay my chamber-rents ; so that if my sufferings must for conscience sake be by you stil continued , then that you vvould be pleased to shevv some compassion unto me , by taking care for to have my chamber-rent satisfied , i shall remain very thankful to you for the same ; through vvhich kindness of yours , if i may so finde it , i shall be the better enabled for to be kept from perishing till the lord is pleased to give deliverance some other wayes , it may be through the death of my cruel enemies , if it may not come from you ; for i am wel assured from the lord , a deliverance i shall have from my oppressors ere long . and thus having discharged my conscience in what i have already declared , i shall return again to my former matter , from whence i am a little digressed . giving of you to know , and all in authority with you , that forasmuch as you by your power do uphold the priests of this nation for to take the wages of the law of the lord god of israel by way of tythes , which peculiarly was given unto the first priesthood for their service done , which was their right both by law and commandment , during that legal ministration : now i say , the contrary doth appear by these priests , for that they do not the work and service which the law of tythes requireth should be done , therefore transgressors they are , and you also guilty of the same transgression , for that they are by you supported and upheld for to serve in their false ministry , contrary to what the lord hath appointed , who did command that these priests in the first covenant should be clothed with holy garments while their service was by them a discharging , which the priests of england do not appear in ; neither have they in use the water of purification , nor do they serve at the altar of the worldly sanctuary , as the aaronical and levitical priests did , who made ready all the burnt-offrings , sacrifices , &c. where i say is there an ▪ of these services by our counterfeit english priests done ? neither do they circumcise as the first priesthood did , who performed what was by them of the law required according to the will of god , unto whom the right of tythes did appertain by way of a peculiar gift for their work , and service done , as doth appear numb. . , , , , , , , &c. numb. . ; , , , &c. and now seeing that the tythe-egge-taking-priests of this nation have not donenor doth any of the services which the law of the lord god of israel doth require ; they are manifest rebels to god , and dissemblers with that people , we are by them seduced , for that they receive of them tythes , the wages of the law , which did belong to the levitical priesthood , who left not their work undone as they do : and thus by their wicked actions they appear not to be called of god as those priests were , who had store-houses to put tythes into , as is evident , mal. . that thither the widow , fatherless , and stranger might come read deut. . , , , &c. for to be filled and satisfied within the gates of the priests , that there might not be a beggarin israel : now by what hath been already declared , it doth appear , that neither the priests have right to tythes , nor none else . yet notwithstanding tythes by the laws of the pope are forced to be paid in this nation , and neither widows , fatherless ; nor strangers suffered for to partake with the priests thereof , but instead of being out of them relieved , they are forced for to pay tythes , and such as do not , are by them imprisoned ; never was there any such cruelties by the priests under the law unto the widows , fathersess and strangers done , as is by these priests of england , who are of the pope , ( but surely wo will be their reward according to what christ hath pronounced , which will assuredly come upon them and their assistances ) for their binding heavy burthens upon the poor , too grievous for to be born , matth. . never was there such priests known since the world began , as these deceivers , deluders , and seducers are , who do appear to be gods adversaries , with whom it shall go ill ; read isa. . and saith the lord of hosts , the mighty one of israel , ah! i will ease me of my adversaries , isa. . . now having proved them to be no priests by the law of the lord god of israel , i shall also through his help and gracious assistance , make it appear that they are no ministers of the gospel , but such as the apostle of them hath said should in the last dayes come , who accordingly are come , which have a form of godliness , as all false professors have , but deny the power thereof , as he hath also said they should do , who are crept into the houses of the cruel beast , which for them was provided , where they promote his worship and service whose ministers they are , for which they receive tythes , leading silly women captive , laden with sins , led away by them with divers lusts , ever learning , and never able to come to the knowledge of the truth ; and as jannes and jambers withstood moses , so do they also resist the truth , being ( as by their actions doth appear ) men of corrupt minds , who are reprobate concerning the faith ; but they shall proceed no further then unto the making manifest of their folly and madness , as theirs also was made manifest : thus by the light of christ in my conscience am i come to see what the priests are , and their upholders , in despite of their fair pretences , and am made able to witness the truth fulfilled according to the sayings of the true minister of jesus christ ; read the . epist. of paul to timothy . . ch , , , , , , v. &c. and for which testimony of mine born against the priests ( for christ ) i am come by them , and such as with them live by tythes , for to suffer persecution ; which are such evil men and seducers as the apostle and true minister of christ hath said should wax worse and worse , and being deceived shall be punished with everlasting destruction from the presence of the lord and from the glory of his power , who now are unto me , and all the enlightned of christ , known for to be of that sort which the apostle had a fore-sight of in the mystery of iniquity , wherein they are now come forth in their proper colours of deceivableness , of all unrighteousness , which by them is made use of instead of the holy garments , of the true priesthood , they receiving not the love of the truth , that they might be saved ; for which cause saith the apostle god shall send them strong delusions , that they should believe a lye , that they all might be damned who belive not the truth , but have pleasure in unrighteousness , as doth appear by their disorderly walking in all manner of pleasure and idleness , which the true ministers of christ did witness against , who said we did not eat any mans bread for naught , but wrought with labour and travel night and day , that we might not he chargeable to any ; not because we have not power , but to make our selves ensamples unto such as follow us , which the called ministers of england do not , but are enemies unto both their example , and such saints as do witness the same life and ministry ; but the priests do live upon the maintenance which they gain by making use of the power of the world , by which they take away from the poor the benefit of all their labours , which truth i hope is made manifest unto every one that hath but reason in them , as well as unto the suffering saints , which is the fruits by which they are made manifest , according as christ hath said , matth. . by their fruits ye shall know them ; and was there ever such fruits of robbing and spoiling peoples goods , and imprisoning of the saints and faithful servants of the lord god of israel since the world began , as by priests in our age , who sirname themselves messengers of god , and yet wrong and violence , robbing and spoiling is the fruits they bring forth , by which they are also known to be none of the ministers of christ , nor messengers of god , but have made themselves fully manifest to be of the remainder of that cursed generation and stock of hypocrites , which were devourers of widows houses , as daylie doth appear which cannot be denyed , for there never was greater devourers then they are since the world began , who for a pretence make long prayers to accomplish their mischievous designs ; and was there ever the like praying and preaching in any age as hath been in this our age or last dayes of finishing iniquity ; under which pretence of theirs , the innocent who are departed from evil are become the prey of the devourer ; but for their reward saith christ , they shall receive to themselves the greater damnation ; read matt. . , &c. and saith the apostle peter in his second epistle , chap. . they shall through covetousness , and with feigned words make merchandize of the p●ople ; and was there ever such merchandise made of a people since they had a being upon the earth , as now is made by these called preachers and minister's of the gospel , whose wicked fruits hath made them manifest to be those hypocrites and false teachers which were afore spoken of , should proceed from the corrupt tree , from whom the man of god doth flee , to follow after righteousness , godliness , faith , love ; patience , and meekness , tim. , , v. &c. in which life they , the priests , are not found , as doth appear by their upholding and seeking to maintain by the power of the cruel beast , that which christ hath disannulled because of the weakness and unprositableness thereof , for that the law made nothing perfect , but the bringing in of a better hope made perfect , whereby we draw neer to god , heb. . , , v. &c. and now for to take away all obstructions , before i procced further i shall give an accompt of my faith and hope by declaring what church i am of , that i so may remove the cause of jealousie , vvhich is too often appearing in the ignorant , yea , even in such vvhich makes a high profession of godliness , i shall therefore give you , the rulers , and all that are vvise in heart for to know , that i ovvn the ministry and ministers of the everlasting gospel , which is not of man , neither are they made by man , as the priests of the nation are but are such as christ hath made , whose foundation standeth sure , which shall abide for ever , vvhich changeth not , neither can it be shaken , being built upon the foundation of the prophets and apostles , jesus christ himself being the chief corner-stone , eph. . . and i do also vvitness and declare , that all the ministers of christ have accordingly received a perfect ministry , which is free , and not burthensome to any , because they belong to the true church , whereof christ is head , which is his body , according as the scripture doth with me declare ; which church is the assembly of the righteous , who are holy , from which the ungodly are excluded , according as it is written psal. . . the lord knoweth the wayes of the righteous , but the wayes of the ungodly shall perish . i do also own the ordinances of jesus christ , which none that are unholy can partake of , and the worship of god , which is in spirit and truth ; read joh. . . and likewise the law of god , which is holy , ●ust , and good , which never changeth by no diversity of place or time . and thus have i in brief declared an account of what church i am , and also of my faith and hope , wherein i have truly discharged my conscience in brief , and for which i am at this day a sufferer . and so far as i can understand from friends which doth give me an account of what they understand from amongst you , that there is nothing to be expected from you , but more bonds to be laid upon the saints ; at which nevvs i finde in my self a comfortable satisfaction for to continue my waiting upon the farther good pleasure of the lord god of israel , rather then to sin against my conscience by giving way to break his laws , commandments , ordinances , and statutes , for vvhich i have suffered persecution for above this eight years together ; first by one john lawson a drunken priest , belonging to the parish of basinborne in the county of cambridge , who for tythes took away my goods , and yet notwithstanding was not therewith contented , vvhile such time as by his cruelty he drove me to flie with my family twenty miles from that town by the reason he had gained a warrant from the committees of that county for to carry my body to prison , refusing to take bail , according as the warrant did express . but soon after i had removed my self and family from his tyrannie , an other enemy to the gospel appeared against me , viz. one john budging of the same town , farmer of the tythes , belonging to the parsonage , who persecuted me at the popish law ; and after he had spent some time , gained power also for to carry me away to prison , notwithstanding he had carryed away a great part of my corn out of the field ; through which tyrannie of his i was forced to forsake my poor wife and children , which constrained me to put my life upon the danger of loosing , by reason i fled to the army of the common-wealth of england for refuge into scotland , where as a souldier i did engage , in hopes of gaining not only victory over such as was then counted our enemies , but also to have seen an end of that their power by which tyrannie and oppression is still promoteed : and after the wars of scotland were over , there followed on worcester-fight , where i was also bodily engaged ; and after that field-battel was fought , i returned privatelely home to visite my poor wife and distressed family ; but not long after my adversary obtained intelligence that i was at home , and thereupon did send certain sons of belial for to carry me away to prison , which for to accomplish their end , did by force of arms break into my house upon me ; but being by me strongly resisted with sword and pistol , they durst not proceed the attempting to come up into my chambers , where i was ready to receive them ; they perceiving of it , did quarrel amongst themselves about raising of the town for to pull down the house upon my head , they threatning sorely to have me forth dead or alive ; i understanding the same , did through the help of the lord make my pass out of an upper-windovv , leaving my poor wife and children to their bloody rage , who did accordingly set a drawn sword to her breast , and did threaten to kill her after they did see i was escaped : many more insufferable cruelties have i and my family undergone , which are too many for me to give relation : but to be brief ; so precious vvas my liberty unto me when time was , that the very thoughts of a gaol was unto me dreadful , that vvhile i was at liberty , i was in mighty bondage through the continual fear of being betrayed , which at length vvas brought to pass by one crooply a broker , shop-keeper sometime of the tovvn of cambridge , vvho as i understand did receive from my enemy a pretty roundsum of mony forto betray me ; vvhich accordingly he effected by his discovering where i vvas at a friends house , at vvhich house i was seized on by several serjeants , & brought away to prison , it being upon the third day of the second month , called april , in the year . where i have ever since remained , and many times and often in great necessity , by reason my poor wife hath not had left wherewith all to relieve me with the value of . d. in money all this time of my long and harsh imprisonment as she with weeping tears hath unto me exprest ; and i seeing her distress , have been forced to borrow money for to relive her ; this being the truth according to what hath been by me declared , i shall leave the consideration thereof unto you the rulers for to judge according to conscience , whether these outrages by you ought any longer to be suffered , seeing they are done against the law of the lord god of israel , and also against your own promoted laws , as they are now become executed , seeing the ecclesiastical courts are down ; and it is also contrary to law for any man to be kept in prison as i have been and not relieved , insomuch , that had not the lord in mercy towards me raised up some few of his beloved people , who live in the life of righteousness , for to have taken care of me in this time of my harsh affliction i might unavoidably have perished not only by hunger and nakedness , but by cold also , for that i could not come to receive the benefit of the heat of fire for the space of two yeers and seven months : now judge i pray you who are wise in heart , whether my sufferings have not been sad , yea or no , as to the outward man , although mine enemies are pleased to laugh at my affliction , they saying , i would not accept of liberty if it were given me , i like the prison so well ; but the devil was a lyar from the beginning , and therefore i shall not here stand to spend time to give any further answer to their lyes , but do declare , i am forced to be a prisoner contrarie to the law of the lord god of israel , and also the invented laws of rebellious men , which are called the laws of the land . now seeing i do suffer for conscience sake , this question i do propound ; suppose there was a law now in force as was in the time of the late bishops , by which i were commanded to take tythes , yet how could that law be esteemed or ●udged wholesome , seeing it would enforce me to contribute unto such as do set up and uphold that which christ hath abolished and mad of non effect , who hath also blotted out the hand-writing that stood in ordinances , by which tythes were paid , and hath the same nailed to his cross . col . . now i appeal to both ●ou the rulers , and also the saints with ●ou , for to judge according to conscience , how this by me could be done without denying christ to be come in the flesh , as all they do that at this day pay tythes , or receive the same : your answer to this i humbly desire , seeing that christ jesus , who is now the second priesthood , hath changed the first , and also that law by which they took tythes , as it doth appear heb. . but yet you rulers may object and say , tythes are not now demanded for to be paid upon a gospel account , but upon a civil account : my answer is , there was never no such law which did require tythes for to be paid upon a civil account ; but a statute there is that was made the . of henry the . chap . saith , tythes are due to god and holy church . but then it may be further said , that although it be so , yet cesar ought to have his due , and custom must be given to whom custom belongs ; so that tythes upon the account of custom and tribute ought to be paid , for we must be subject to every ordinance of man for the lords sake , that i do grant . but what makes that for the lawfulness of paying tithes ? not any thing at all , because they were not customarilie paid , but by a law and commandment from god were they given to the tribe of levi & that priesthood ; which law and commandment i am sure doth not own neither english priests nor lay-men : therefore seeing there is no law neither from god nor man that doth command tythes to be paid , then upon necessitie it must be by you granted , there can be no transgression ; and upon that account it will appear , that all such as do force tythes to be paid , are transgressors to god almighty , for that they are deniers to do what his law doth require , wherein is declared , that tythes were peculiarly appointed unto the aaronical and levitical priesthood , as i have said from which the poor were relieved , and were not paid by custom , as doth appear mal. . and such as did neglect to pay , robbed god , and not the priests : and again , if custom should have been observed by the saints and faithful servants of god , then should they never have suffered such cruel persecutions as they did under the rulers of the world , that must also be granted but because they denie to observe their customes so soon as they came to know the lord , and did him obey , then came their sufferings upon them ; as for instance , that famous witness of christ the apostle paul , after he came to live in the enjoiment of the life , as the scriptures beareth witness he did , then he denied to observe the customs of the jews , for which he was by the rude multitude abused , and judged not worthy to live , as the saints now are who bears witness unto the same truth in life , as paul did , which made the jews say , he taught all men every where against the people and the law , and that he brought in greeks to pollute the holy temple , and had perswaded all the jews and gentiles to forsake the law of moses , saying they ought not to be circumcised , neither walk after their customs ; whereupon all the city was moved against him , and the people ran together , and drew paul out of the temple , acts . and is not the like trade of crueltie by the priests of this nation , and such as are professors , who are their proselites , still carried on against the dear saints and servants of god , who are moved by the lord for to go into their steeplehouses for to declare against their filthy lying abominations ; this cannot be denied , for it is too much manifested in the citie of london ; but to hasten : and also i find that jeremiah said , the customs of the people were vain , jer. . and likewise the children of ifrael were from the lord expreslie commanded not to observe the customs in the land of those people which the lord for the same wickedness cast out , by which the land was defiled , lev. . , &c. lev. . sam. . , &c. now by what hath been declared , it doth evidently appear from the doctrine of the prophets and apostles , which was one doctrine that they taught the people against their customs and vain traditions of the fathers , as they were contrary to the will of the lord , although the priests of this nation do make a trade of maintaining all such filthie customs , by which they make merchandize of the ignorant people , under pretence of being ministers of the gospel , although their actions doth witness them lyars to their faces , who are proved no other then the merchants of babylon , and common waged servants of the cruel beast , whose service they promote , as by their daylie persecuting such saints as do deny them and their filthy service , wherein they are manifested to be like unto the leopar , which is very cunning in getting his prey , as pline writeth , who saith , they have such a kinde of smell , that all four-footed beasts are desirous to go after them , being allured with the pleasantness thereof ; but yet the beasts are so terrified when they see the grimness of their l●oks , whereupon it is that when they have inticed them to come near them with the sweetness of their smell , then they hide the●r heads , and so catch them , and pull them in pieces : is not this the manner of the flattering priests of the nation , and such as are with them confederated ? who allure the simple by feigning themselves to be the messengers of god , and ministers of the gospel , by which sweet words they catch the ignorant , who indeed are no other then thieves that live by stealing , and putting to sail the words of the hol prophets & the apostles , under which pretence they hide themselves from being seen of the ignorant , to be such bloody savage beasts of prey as they are ; against whom i am engaged by my conscience for to bear witness , and also against such laws , statutes , ordinances , customs , and prescriptions , which doth maintain and uphold them , which are by enemies brought in against the law of a good conscience , declaring that they are things void , and against justice , which laws must needs be known and acknowledged by the enlightned of christ for to be inferior unto the laws and ordinances of jesus christ , who is appointed of the father to be the true law-giver unto his people , as he is their saviour , who is the prince of peace , and the heir of all things , who is god over all , blessed for ever , who is the head of his church , whereunto tythes are not belonging , nor forced maintenance permitted ; she being the spouse of christ , is free from corruption and sinister affection , which the national false church is not , unto which the priests belong who take tythes according to the law of their grandfather the pope of rome , who first gave their predecessors tythes to keep them from corruption and sinister affection , under pretence of rewarding of them for their service done for holy church , as doth appear by the statute of . of henry the eight , chap. by which it is manifest , the called ministers , priests preachers , parsons , vicars , clarks , & curates belong not to the church of christ , & therefore unholy are they who have no right to tythes , and upon that consideration ought an evil custom or usage by you the rulers , who profess your selves christians for to be abolished , according to the saying of judge cook upon littleton . now i appeal unto the saints with you , for to judge what greater evil there can be by you permitted answerable to the maintaining of such a generation of men as doth plead for the upholding of such customs and wicked usages as deny christ , and doth command me and all saints to give wages unto such as never did nor doth any work for me or mine ; surely this must needs be judged to be not onely against reason , but against the very being of a good conscience , wherein god hath written the witness of his eternal law , by which i see all laws , customs , and prescriptions for to be null and void , and are no prescriptions nor customs , being things void in themselves , because against justice , as doth appear in doctor and student , chapter the second . therefore i say again , that all laws , statutes , customs , usages , or prescriptions , which would set up and uphold that which god by christ hath disannulled and made void , is no less then high treason against god for any of you rulers for to attempt to maintain that which is against the law of the holy one of israel . and again the priests of the nation , who stand by your power , have been both they and their predecessors , so notoriously changing and changeable , that they have made nothing perfect ; and for me to own such as is not of christ is clearly against my conscience ; and seeing they are not of christ , nor are found one amongst themselves , nor indeed never were , as it doth appear by the laws and statutes of this nation , which doth declare and manifest they have been always such as did with men and times change according to the wills of such as came , to get rule and domination over the people , unto whom they alwayes became subject , as this generation of priests have done , and would again do , i am perswaded , if an event turn or change of government should come , then would they again quickly appear in their colours ; or if god should order your hearts that are now in rule to do his will , then would you soon prove what mettle they are made of , if you would promise to give every one of them . l. a year upon condition they would for bear their preaching , as they call it , and such as would not should have nothing , then i am confident they would be as mute as fish , and as dumb as he that never could speak . but to hasten , that so i may shew and further make manifest that which the priests can no wayes deny , concerning their predecessors , how that they in the time of henry the eighth , some time king of england , denyed the pope , and would not own him any longer for to be their chief head , although they had been by him made priests ; but yet notwithstanding , that they declined him , and owned henry the eight for to be their chief head , rather then they would hazard the loosing of their beastly [ read the acts and monuments of the church . ] honors , dignities and possessions , which was brought in and maintained by tythes . and then they again in the time of edward the sixth made another notable turn and denyed the mass-book and received the book of common-prayer at his commandment . and afterward in the time of queen mary they denyed the common-prayer-book , and received the mass-book . and in the dayes of queen elizabeth they denyed the mass-book , and again received the book of common-prayer . and in the time of the late old parliament this generation of baalamish priests , who love the wages of unrighteousness , being willing for to follow the example of their makers , the late late bishops , denyed the book of common-prayer and received that pamphlet , called the directory , rather then they would offend their great masters the late old wicked parliament , who for their service done , did grant them an ordinance for to take tythe-eggs , pigs , and geese , &c. which the true ministers of christ never did . and what they now own , i hope is sufficiently made manifest unto all the children of light , vvhich makes them unto me of no esteem , they being such as care not who they own for their chief head , that matters not to them , vvhether he be called of god , or chosen by his people , seeing they are christs enemies , as doth appear by their petitioning of you the povvers of the world , for to maintain and uphold them in what christ hath changed , by doing the will of god , who is heir of all things , which shall abide in the house for ever , unto whom the right of inheritance doth belong , whose gift is free , and all that are made ministers by him are free indeed , and as they have freely received , so do they freely give , by which they are known from the ministers of antichrist , who are of the corrupt tree , as by their fruits they are known , matth. . . who are denyers that christ is to be come the second priesthood , who is the unchangeable one , which shall endure for ever , although they believed it not , who are such as do teach another gospel , according to what they have been taught of their predecessors , who as they are , were the upholders of that which christ hath abolished , who do also justifie the maintaining of those places wherein the nations have served their gods , in which places they are now found doing the service of their mistress , viz. the whore of babylon , although the lord god of israel hath commanded that those places should be by such as are his people destroyed ; deut. . . by this their service they make themselves clearly manifest not to be of god nor christ , but men of corrupt minds , and being destitute of the knowledge of the truth , do suppose their gain which is brought in unto them by tythes , through the help of the power of the cruel beast , is godliness , whose ministers they are , as doth appear by their false worship also , which by them is promoted , for which they have neither precept nor example in all the holy scriptures ; therefore are they inforced for to get their wages of tythes by a popish law , contrary to such as were the priests of the first covevenant , who imprisoned none for tythes , as they do , but as the lord ordained , so did they do and continue , who were made by a law , as doth appear , exod. . , . exod . who had also a command from the lord for to justifie them in their ministry whose power they abused , not as the national priests do their power , which is of the world , whose practise is continually to live upon the abuse of that their power , by which they stand who never were called of god as aaron was , heb. . . neither did they go to the magistrate for to get warrants for to put into the hands of a constable for to take away peoples houshold-goods for tythes upon trebble damages , which is s. for one , as these of england daylie do , by whom the saints do continually suffer the spoiling of their goods , because they are not the ministers of jesus christ , therefore do they not own his doctrine , they being of the world , neither can they know him , according as it is written joh. . who are such as live in pride , covetousness , and oppression , as their makers the bishops did , who in their day with them , their under-clergy were called the body spiritual , or english church , as doth appear by the statute of . of henry the eight , chap. . and the same statute doth further declare , that the kings , queens , and nobles of this realm , so called , since the time the pope had his domination indowed them , the false church , both with honors and possessions . and again saith the statute , the pope and the see of rome did in the time of their rule reserve unto himself amongst other things the tryal of the right of tythes , as doth appear by the statute of the . of henry the eight , some time king of england : and in chap. it is declared , that he and his successors were the onely supreme head of this called church of england . thus have i made appear the root of these priests , and their fhundation have i also made manifest , and discovered not to be of christ , but have proceeded from man , who have accordingly erected two places for their breeding up of priests , viz. cambridge and oxford , which are by them called two eyes , for the furnishing every parish in england , with able lying seducers , where is also by them churches built at the charge of the ignorant people , wherein is also provided for the service of the whorish priests funts and basons for the management and carrying on of what they so gravely solemnise with much pretended seeming zeal , viz. the sprinkling of infants , which they say is baptism , but they lye , for which piece of cheating service , they have never a vvord of scripture , besides their easter-reckonings , and time of christmas , and churching ( or else cheating ) of women , and their mortuaries , and for the smoke going up peoples chimneys , all which trade bringeth them in much gain . thus through the assistance of christ jesus have i according to the gospel proved the priests of the nation to be no ministers of christ , nor messengers of god , which is my second ground why i deny to pay them or any else tythes , who are such as the lord god of israel for their oppression will feed with their own flesh , yea saith he , they shall be drunk with their own blood ; and then shall they know that i am the lord , the saviour of them whom they oppress . read isa. . . and thus the lawyers wth them may also take notice ; for the same judgement & vengeance that is due to the priests belongeth unto them also , because they are the executors of the power of the cruel beast , who are the guard of his throne ; & therefore do they spoile the dear saints & people of the lord jesus christ , prince of peace , & king of righteousness , whose people for their obedience to him and are with their persons estates by them continually devoured & destroyed in their murtherous gaols , and all for want of such justice and true judgment for to be executed upon them for breach of law as was performed by that honest king called alpheret , who defended the cause of the poor and needy , and rescued the right of the oppressed from out of the hands of such destroying lawyers as did live upon the abuse of his laws ; he hanged up judge hasf because he saved one trustram vvhich vvas sheriff , from being put to death , who had taken away goods from many people , although for the kings use ; but yet notvvithstanding that was not by the king owned , because it was by his lavv judged robbery ; read mirror of justice , fol. . novv consider ye rulers vvhat a vast difference there is betvvixt your doing justice upon the lavvyers that live upon the abuse of the law , & king alpherets , forasmuch as that you canot deny in your consciences you do permit of unsufferable robberies daylie for to be done , both by priests & lavvyers , & yet seek not to have that wickedness remedied ; besides the murthers vvhich you suffer the lavvyers to do against express lavv , upon their opinions and false judgements , according to their opinions by them given , vvhereby many thousands have been murthered for theft , vvhich is against the righteous law of the lord : and therefore seeing that you knovv these evils and yet vvill not seek to prevent them of committing any more , hovv can you expect any safety for to be given unto you from the lord god of israel , vvhose lavvs in effect you despise ? for vvhich things sake the vvrath of god vvill suddenly seize upon you , as vvell as it hath done upon others before you , unless there be a speedy returning unto the lord , whose work vvhen time vvas you promised to do , vvhich yet lieth undone , which causeth the enemies of the lord to renew their strength again , who did in the time of your seeming zeal for christ , and his now persecuted cause , judge themselves as good as half hanged for what they had done in answer to their opinions which they caused to take place in the room of law ; through whose villanous false opinions and judgements given , the late king by them and the priests were seduced , and perswaded to permit of doing such things vvhich the law did not justifie him in although judge jenkins , and judge cook , and some few others did as to the best of my remembrance , perswade him what possible they could , not to hearken to the false opinions of those vvicked judges vvhich he was deceived by : these things being true , as thousands of the well-affected , then so called , with my self at this day can also witness , was in the matter of ship-money done contrary to law ; and therefore hovv doth it behove you that are got into the present rule and authority of the three nations , for to take heed of your standing , seeing you are instruments that have come through much blood unto what 〈◊〉 are now possessed vvith ? hovv much ( i say again ) doth it concern you for to see and consider vvhat you are doing ? and then i hope you vvill seek to stand for the putting into execution the lavvs , commandments , statutes , precepts , and judgements of the lord god of israel , instead of the laws of tyrants , vvherein his honor vvill be promoted , and your souls eternally saved , and your bodies prosperously from him protected ; and then will all plots and conspiracies cease from being contrived any more against you , vvhen you shall learn for to do his will according to his righteous law , vvhich requireth blood for blood , life for life , an eye for an eye , a tooth for a tooth , a hand for a hand , and a foot for a foot ; thine eyes ( saith the lord to his beloved people ) shall not pitty or spair such transgressors who have by their wickedness given themselves over to death , which according to the law are not to be excused , by which example those that do remain alive may hear and fear henceforth , that there may be no more such evils committed amongst you ; read deut. . , . now i appeal unto your consciences there for to judge whether you are not such as do transgress vvhat the lord hath commanded should be obeyed , which is by reason of your suffering a company of lavvyers to abuse and destroy the good people of this nation by such a povver as is not of of god ; and therefore if you do not see that remedied , you cannot have thoughts to escape unpunished vvith the king , because the lord of hosts hath expresly commanded his chosen people that they should not suffer the judgement of the stranger to be perverted , lest their right should be hindered ; much more ought you to be careful of the cause of the widow and fatherless , deut. . , &c. vvho are yet by you permitted to suffer vvrong ; and therefore are they and their estates spoiled and ruinated by both priests and lavvyers , who act contrary to their expresse popish law as doth appear in that statute made the . of the reign of king edward the sixt , chap. . vvhich statute saith , be it provided and enacted , that if any person do with-hold or withdraw any manner of his tythes , oblations , obventions , profits , commodities , or other duties , or any part of them , cont●ary to the true meaning of the said act , or of any other act heretofore made , that then the partyes so substracting or withdrawing the same , may be convented , sued in the kings ecclesiastical court by the party from whom the same shall be substracted or withdrawn , to the intent the kings judges ecclesiastical may and shall , then and there hear and determine the same according to the kings ecclesiastical law . and that it shall not be lawful for any parson , vicar , propriator , owner , or other farmers or deputies , contrary to this act to convent or sue such witholders of tythes , obventations , or other duties aforesaid , before any other judge then what is ecclesiastical . now knovv oh you my dear friends , for unto you do i make this knovvn , who are the persecuted saints of the most high , that these forementioned lines are the very vvords of that statute ; novv judge ye rulers how contrary these wicked lavvyers that are yet in their vilanous beings upon their stages at westminster do act , vvho as it doth appear , are suffered by you their masters for to be above the law , which is the only cause the lords people for conscience sake , in obedience to christ jesus are daylie sued , convented , and brought before them in their filthy dens , called temporal courts , contrary to their ovvn invented filthy tyrannical laws , as hath been already proved , and as i could make more at large appear by many more laws , but only i fear being too large , and therefore do i make use of no more then what may justifie me in the truth of what i have too charge against them for their abominations daylie committed against the very express laws of the land , as doth further appear in that . of henry the eight , chap. the . which saith , be it provided alwayes , that the last act shall not extend , nor be expounedete give any cause of action or suits in the courts temparal ; which notwithstanding they daylie do : novv judge , o ye rulers , hovv you do think you can in conscience stand justified with the lord and his poor oppressed people , whom you suffer daylie for their consciences to be troubled , afflicted , and abused by your priests and others of their spirit , by their being convented , and by them brought before such a company of forsworn murthering lawyers , whose continual practice is to engage themselves against the consciencious people of this land ▪ even against their commissions in the matter of tythes , as i have already declared , for that the law saith , none shall expound it no other wayes to give remedy for tythes then what it doth of it self plainly express , whereby cause of action may be given , or suit commenc●t in the courts temporal , against any person , or persons , which shall refuse or deny to set out his , or their tythes , or shall detain , with-hold , or refuse to pay his tythes , or offerings , or any parcel thereof , but that in such cases the persons or parties being ecclesiastical , or lay-persons , have cause to demand , or have the said tythes or offrings , in every such case in the spiritual courts , according to the ordinance of the first part of this act ( and not otherwayes . ) and thus unto you the rulers have i made it plainly appear by the lavvs and statutes of this realm , that it is utterly unlawful for your temporal judges to give judgement in the matters of tythes against the saints , as they dayly do in such courts as are called temporal courts , viz. the exchequer , common-pleas , and in that other court or place , called the chancery , which is called a court of equity , if lyes may take place , or rather a court of iniquity , through which deceivable name of equity many people have made their addresses from out of other courts into that , in hopes of gaining right there but have found as much wrong , and have met with much inconscionable dealings as ever they did before , the lawyers being all agreed to destroy the poor wronged people that have been forced to seek help where none is to be had , through their ignorance of not knowing that the lawyers tyade is upheld and maintained by fraud and wrong , as doth appear in this great controversie of tythes ; there shall need no other proof against them then this of tythes , as doth appear in their wresting and abusing the law in that cause ; through which they promote all manner of injustice against the saints , by whom they both suffer imprisonment , and also the spoiling of their goods , contrary to the laws and statutes of this nation , which in themselves require right should be done ; but contrary to that these law-breakers do force jury-men through their being ignorant of the law , commonly to forswear themselves by giving up false verdicts against their consciencious neighbors in the matter of tythes , by their fining for the ungodly plaintiff against the poor defendant for not dividing or setting forth , and not paying their predual tythes , or for taking or carrying away the same before the tenth part be divided or set forth ; by which unlawful proceedings of wicked plaintiffs before ungodly forsworn judges in their secular courts , the saints do greatly suffer by the priests and others of their antichristian tribe , who by them are well bribed for their pains ; so that betwixt the one and the other , this poor land and people is brought under the guilt of those horrible crying sins which israel of old in their dayes suffered to be committed amongst them , although they were the lords beloved people , unto whom he sent his holy prophet to give them warning that the lord had a controversie against the inhabitants of the land for suffering those abominations , through which there was no truth , or mercy , nor knowledge of god amongst them ; for by swearing , lying , killing , and stealing , and committing adultery , they brake out , and blood touched blood ; therefore the word of the lord unto them was by the prophet declared , that the land should meurn , and every one that did dwell therein should languish , with the beasts of the field , and with the fowls of heaven , yea the fishes also of the sea shall be taken away ; read hos. . , , . the fore-promised matter being well considered by such as yet do live to fear the lord , may justly give their judgement for god , that both the rulers and people of this nation are under the guilt of all those sins , and are in danger of coming to suffer sad judgements from the lord , for that the priests and the lawyers , and such as with them do live upon the gain of oppression , are yet suffered to be the actors of all manner of wickedness that in this land is committed under pretence of law , by whom this forementioned scripture is fulfilled , as hath been by them made manifest from the beginning of all our troubles , who yet do confederate together to divide the people from holding amity one with another , that thereby they may hinder the promoting the cause of truth , and the establishing of justice ; through which wickedness of theirs when time was in dividing the people from the king , and setting him against the people , justice by him was wholly neglected , although he was much sought to by the people of god for to see the same duely administred , as he was permitted of god to be the chief magistrate of the three united nations of england , scotland , and ireland ; but he not standing in the counsel of god , would not hearken unto the desires of his people , but grew weary in hearing them , whereupon no more addresses by them unto him was made ; wherefore his end suddenly upon him came , and therefore justly did the god of justice deliver him up into the hands of those which sought his life : let good heed therefore be taken by you that are in present power , least the cause be forgotten which brought him to suffer the pangs of death ; for know you , the lords hand is not shortned , but is stretched out still for to reach you also forth from all your guards of guns , swords and pikes , which by multitudes of men is made use of for to defend you ; yet notwithstanding your strong arm of flesh , you may take notice , the king had as great a power in his time as you , and was more esteemed , regarded , and beloved by the people , as to the generality , then possibly can be imagined you are ; but yet he not doing that which was right in the sight of god , you see was cut off . oh therefore that you may remember with all speed for to establish justice , that so you may rule for him for the good and well-being of his poor distressed and every wayes afflicted and persecuted people , who are at this day frustrated of all hopes of mans doing justice , and therefore cry they unto the lord for to be delivered from the hands of their oppressors , seeing hitherto you have denyed their redemption , notwithstanding you have sworn unto the lord you would give them deliverance : this know therefore , your time to perform what you have engaged and promised is almost past ; therefore what you do , do speedily ; for i behold your night a coming , and then will all your works cease , and then vvil all your intentions , with former pretences come to be frustrated and annihilated , and your memorials vvill also be blotted out from under heaven , and your very names vvill then become a stinck to all nations , and you posterities will be made miserable , like unto the distressed children of the late king , vvho being left without habitation , are become vvanderers about in strange lands , unto vvhom you cannot afford to shevv pitty nor compassion ; can you therefore imagine , that if justice ( vvhich is the exalting of a nation ) be by you any longer neglected , that you shall receive more favour then they have found at your hands ? surely no : therefore remember what samuel did to agag , and for what he was hewed in pieces ; read sam. . . wo to him that increaseth that which is not his ; shall they not rise up suddenly that shall bite thee , and awake that shall vex thee ? and thou shalt be for booties unto them , because thou hast spoyled many nations ; all the remnant of the people shall spoyle thee because of mens blood , and for the violence of the land , of the city , and of all that dwell therein . thou hast consulted shame to thy house by cutting off many people , and hast sinned against thy soul , for which the stone shall cry out of the wall , and the beam out of the timber shall answer it ; read hab. . , , , , . but to hasten , that so i may proceed to shew unto you the great abominations that are done & committed by your power , & in your name , viz. by those forementioned wicked wretches , the priests and lavvyers , who are together confederated for to commit the horrible and silthy thing in the land , as i have already shewn , and shall make further manifest by those laws which yov have sworn to maintain , which laws say it is utterly unlawful to imprison any one while they dye . and yet notwithstanding , how many hundreds in this nation are unjustly kept in prison at this day , ready to perish , and many already since this time of your governing , have perished ; i wish their blood may not be laid to your charge for suffering it , seeing the law doth judge it man-slaughter : be pleased therefore to read mirrour of justice , pag. . , . fol. . and again , the law doth further say , that to suffer any to dy in prison through want as i am given to understand some lately in the kings bench have done , is also by the same law judged man-slaughter ; and likewise for judges to delay relieving prisoners by the law till they dye , is also manslaughter ; for suffering of which , and for not doing what the law did require for the relief of the imprisoned , one judge pearne was convicted and hanged ; see for this mirrour of justice , fol. . pag. . now it doth evidently appear from this foregoing matter , that there was a glorious face of justice did in those times which were counted pagan manifestly appear , wherein justice , righteousness and judgment according to their agreed-upon laws , was duly and truly , without respect of persons , administred and executed upon such as were found the betrayers of the rights and priviledges of the people ; but since that time that justice took his seat and royal throne in this nation , wicked and ungodly men have for many ages together born rule , through whom justice hath been kept as a stranger out of this land , whereby truth is fallen ; and such as have through the fear of the lord departed from iniquity , are become a prey , as is evident by such as with my self do at this day suffer imprisonment for our earnest contending for publike justice , and open punishment to be inflicted upon such as are known to be truths perverters , betrayers , and abusers of the righteous laws , ordinances , statutes , precepts , commandments and judgements of the lord god of israel , as doth and may further appear by the witness and testimony paul that called , chosen , and famous apostle of christ ; read tim. . , , , where it doth evidently appear , paul the true minister of christ was earnestly exhorting of timothy above all things to take heed unto the commandment , unto the end , that he might know charity from out of a pure heart was the sum , wherein the whole was contained , from whence the exercise os a pure conscience was to be set on work , according to that unfeigned faith that dwelt in the apostle , from which , saith he , some have swerved and turned aside , desiring to be teachers of the law , understanding neither what they say , nor whereof they affirm . these words considered by the wise in heart , whom god hath filled with the spirit of wisdom , who are the persons i do appeal unto , for to judge whether this complaint and just accusation of the apostle is not as well against england , as against those usurpers and abusers of the law which did live in his time , seeing we are the people that have broken so many engagements which unto the lord jesus and his members was made in the time of the beginning of the great troubles of these three nations . but i must hasten , and come to the words of the faithful minister of christ , from whence i have a little digrest ; from which declaration of his it doth appear how wonderfully he ( exalted ) the law of god , who said to timothy ; we know that the law is good if a man use it lawfully , knowing this , that it was not made for a righteous man , but for the lawless and disobedient for unholy , prophane , for sinners , for murtherers of fathers , & mothers ; for man-slayers ; for whoremongers , and for them thus defile themselves with mankind ; and for m●nstealers , for lyars , & perjured persons , and if there be any other thing that is contrary to sound doctrine , according to the glorious gospel , &c. now having thus far discharged my conscience , i shal leave the whole mattter after perused to be considered of according to conscience , who , and what they are that deservedly ought to be brought to coudigne punishment ; seeing the law from god hath been appointed for the punishment of evil doers , & for the praise of them that do well , who are for well-doing , by evil-doers , contrary to the minde of god revealed in his law , kept in prisons in this nation , by whom at this day i am with many more unjustly kept in prison for conscience sake , and not for any evil done , whereby i am the better enabled to declare from a principle of faith , that my sufferings are only for the gospel sake , who have accordingly learned from the teachings of the lord not to with-hold any thing of what is called civil right from any man but have been free and willing a● all times to make good that which hath been due of right to men , and am in like manner subject to every ordinance of man for the lords sake , knowing the earth is the lords and the fulness thereof ; but yet notwithstanding , that if any in authority shall go about to take from me and mine any part of the earth which god shall give us further to be possessed with , then i shall not resist ; for i must needs be subject , not only for fear of the wrath of foolish , proud , vain man , who is ready to be offended at what he ought rather to be ashamed of , then to justifie himself . thus for conscience sake as i have learned of christ , am i freely willing to submit my self unto every ordinance of man for the lords sake , although my deadly enemies have reported otherwaies against me , which the lord our god knows i purely suffer for that i cannot give unto his enemies that for maintainance which belongs unto him , viz. tythes which unjust demands i must for conscience sake deny , although i come to suffer death for the same , seeing it is clearly manifest from the declaration of christ and his apostles , that whosoever payeth tythes denyeth christ to be come in the flesh , as all they do which at this day do either pay or receive the same , as i have made fully appear from the sum of the holy scriptures : and thus to both you rulers , saints and people of all forms , sects and sorts , have i truly discharged my conscience according to the gift of god in me by way of grounds and reasons laid down , wherein i have shewn the justice of my cause , and have therein matter of great comfort thus to declare why tythes have been , and are by me still denyed ; in which grounds i have made an eminent discovery , that tythes in england have been , and are forced to be paid contrary both to the laws of god , and also to the laws of the land , which laws i have not broke , but do suffer for my obeying the law of the lord god of israel ; in which obedience i hope he will help me to be continued in the further remaining part of the dayes of this my pilgrimage , whose servant i am , and do finde in my self a freedom in like manner to be subject to every ordinance of man for the lords sake onely , whether it be unto the king , as unto the supreme ; or unto governors , as unto them that are sent by him for the punishment of evil-doers , and for the praise of them that do well , according to that declaration of the first epist. of peter , ch. . v. , &c. isaac craye . and lastly , these few following lines i have been moved to write by way of humble desires , the which lines are dedicated only unto all consciencious , sincere , faithful hearted friends , to that end and purpose that they would be pleased for the time to come to have a special care who , and what they be are by them put in trust for to dispose of their christian contribution , which they may be from god moved for to give towards the relief of such as do for conscience sake suffer under the enemies of the everlasting gospel ; forasmuch as that i am given credibly to understand by some faithful friends , that they do fear some wicked persons under the profession of godliness have made use of my name and sufferings to gather moneys amongst several friends , which they imploy to their own private benefit ; it is true , the evil may be by them justly feared ; for in the time i was made to suffer under the council of state , i was was so served by some who did get large sums of money ; one of their names i have not yet forgotten , which i will here accordingly insert , viz horn , a cheese-monger , sometimes keeping his shop not far from london-bridge ; thus hath such wicked wretches under the notion of religion cheathed the truly religious and honest hearted ; and knowing that these evils hath been committed against me , it is to be feared they are daylie put in practise still under colour of relieving such as are of late come to suffer for god , as i do ; how much therefore doth it concern the truly charitable , who do witness what the life of true profession is , for to take heed they trust none but such as are known truly faithful , although never so much shew of outside seeming zeal for god and christ be professed , seeing it hath thus happened since the dayes of our great troubles , that through such outside profession , and hypocritical seeming zeal for god and cause of christ the trul consciencious people of this nation have been cheated out of their lives , estates , and liberties ; under which vilanous sort of professing zealots , or rather trappanners of the innocent , i have in a most wonderful manner many wayes suffered wrong , both before this my imprisonment , and ever since , through their filthy invented lyes , and giving forth notorious reproaches , which they from the perswasions of the devil and the priests have been set on work to promote against me , they thinking thereby to leave me friendless , that so they may pine me to death in prison , seeing they can no other wayes destroy me ; but the lord having sa tisied me with inward comfort , from which i find my self wonderfully supported with patience to be contented in every condition ; so that i can with abundance of unspeakable comfort & inward peace undergoe the strife of wicked lying tongues ; and being fully satisfied from the measure of christ in me , that the saints and dear servants of god in former ages , have in like manner suffered under such as these english false professors are , who are unrighteously called christians ; one place of scripture for to make the same appear i shall quote , and but one , although i might instance the like reproaches against david , the man after gods own heart ; job the servant of the lord , and jeremiah his holy prophet , who also bore his sharein reproaches ; and many more of the dear servants of god as well as i at this day do ▪ it is a truth , they that deserve no good name nor righteous report themselves , do give none to others : the scripture which i shall mention is heb. . beginning at the . v. and so on , where it doth and may appear , that the apostle was countenancing and counselling of such friends as he found one with them in the faith of christ to be chearful in their sufferings ; wherevpon he bids them call to remembrance the former dayes , in which after they were enlightned they endured a great fight of afflictions ; partly ( saith he ) whilest ye were made a gazing-stock both by reproaches and aff●ictions ; and par●ly , whilest you were so used ; for ye had compassion on me in my bonds , and then ye took oyfull the spoiling of your goods , knowing in your selves that you have in heaven a better and enduring substance ; cast not away therefore your confidence which hath great recompence of reward ; for you had need of patience , that after ye have done the will of god , ye might rece●ve the promise . thus from the enjoyment of that life which christ the light of the light of the world hath given me to be possessed with , do i come to see a full discovery , who , and what they are which are enemies to the cross of christ , he having revived his witness in me , i am thereby kept close to the word of his patience , through whose help i am enabled to read with understanding the holy scriptures with great joy and inward consolation , according to that measure of life abiding in me , by which they were given forth by way of declaration , as doth appear luke . . and am assured the time is at hand wherein none of these fore-premised enemies of christ , and saint-reviling , reproaching barking dogs shall not move a tongue as they now do . written from my unjust imprisonment in the vvood-street-compter , london , where i remain a su●ferer for christ the everlasting gospel , which the priests do daylie persecute . the second month , . finis . an account of tythes in general ellwood, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an account of tythes in general ellwood, thomas, - . p. s.n., [london? : ] caption title. signed at end: t.e. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tithes -- history of doctrines -- th century. theology, doctrinal. society of friends -- apologetic works. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an account of tythes in general . the only command from god , that we read of in holy scripture , for the payment of tythes , was given by moses , to the people of israel , in the time of the levitical law. then god first reserved to himself the tythe of the land of canaan , lev. . . which he did for this reason , that , intending to take the tribe of levi more peculiarly into his service ( as he did , numb . . . in stead of , or in exchange for all the first born of israel , ver . , , and . and chap. . ver . . having before reserved and appropriated the first born to himself , exod. . . ) he might bestow those tythes on the levites , for and towards the maintenance of that whole tribe , as a reward for their service in the tabernacle of the congregation , numb . . , . and in lieu of , and compensation for , their part or share of and in the land of canaan , which thereupon they were expresly cut off from , ver . , , . . now although it was grounded on a principle of moral justice and equity , that the levites , thus engaged in a continual attendance on a publick service , and shut out from their share in the inheritance of the promised land , should receive a sufficient maintenance from them for whom they performed that service , and who enjoyed their part of the land : yet the ascertaining of the quota of that maintenance to the exact proportion of a tenth part of the increase of the land , was not grounded on moral justice , but had it's dependance on the ceremonial law , adapted and limited to the polity of that dispensation and people only . and that it might not be extended beyond it's appointed time and bounds , it pleased the divine wisdom , to subject it to such ceremonial circumstances , as plainly rank it amongst those carnal ordinances ( rites or ceremonies ) which were imposed but till the time of reformation , spoken of heb. . . for as god appointed the levites to be offered for a wave-offering , by moses , in the name and on the behalf of the children of israel , when he said to moses , thou shalt bring the levites to the tabernacle of the congregation , and thou shalt gather the whole assembly of the children of israel together , ; and thou shalt bring the levites before the lord , and the children of israel shall put their hands upon the levites : and aaron shall offer ( in the margin wave ) the levites before the lord , for an offering ( in the margin wave-offering ) of the children of israel ; that they may execute the service of the lord , numb . . , , . so the tythes , which were assigned for the maintenance of the levites , were to be first offered , by the people , as an heave-offering unto the lord. ( the tythes of the children of israel , which they offer as an heave-offering unto the lord , i have given to the levites , &c. numb . . . ) and even the tythe of those tythes , which the levites were to yield unto the priests , were to be offered , by the levites , as an heave offering to the lord , before the priests might have them . thus speak unto the levites ( said god to moses ) and say unto them , when ye take of the children of israel the tythe which i have given you from them for your inheritance ; then ye shall offer up an heave-offering of it for the lord , even a tenth part of the tythe . and this your heave-offering shall be reckoned unto you , as though it were the corn of the threshing floor , &c. thus ye also shall offer an heave offering unto the lord , of all your tythes , which ye receive of the children of israel : and ye shall give there of the lord 's heave-offering to aaron the priest , ver . , , . this makes it evident , beyond doubting , that the tythes , which were given by the people to the levites , and by the levites to the priests , under the law , had their dependance on the ceremonial law , as that priesthood had ; and were to stand no longer than that law and that priesthood stood : which was but till shiloh came , and by the offering of himself once for all , had put an end to all the shadowy offerings under that law. . this the author of the epistle to the hebrews did so well understand , that he positively declared that the levitical priesthood being changed , there was made of necessity a change also of the law , ( of that law , by which that priesthood and the maintenance of it had stood ) see heb. . . and 't is also evident from scripture and primitive antiquity , that neither the apostles themselves , nor ( for some ages after them ) any of the christians , did meddle with , or at all concern themselves about tythes ; but let them totally fall as they did the other abrogated part , viz. offerings , &c. and of the ceremonial law of moses . . but after that the mystery of iniquity , which in the apostles time began to work ( thes. . . ) had wrought to that degree amongst some christians , and had drawn them so far from the purity and simplicity of the gospel , as to form and model the church in many things , by and according to the iewish pattern amongst other ceremonial parts of the iewish religion , which had been abolished by the coming and death of christ , tythes were preached up again ( about the latter end of the fourth century , and beginning of the fifth ) by some , at first , under the notion of alms and charity ( because part of the tythee under the levitical law were appointed for th maintenance of the fatherless , the widow and the stranger , deut. . , . ) and by others , as then still due by the mosaic law , which had required them to be paid to the livetical priesthood . which plea afterwards ( corruptions increasing in the church , and in those especially who were called the church-men , or clergy ) more and more prevailing , the payment of tythes was re introduced , as due by those levitical laws , which had been given to the israelites of old . and upon that bottom , tythes have stood , been claimed , and the claim defended unto this day . . now , not only he that thus claims and receives tythes ; but he that consents to , and complies with such claim , by paying tythes thus brought in , and thus claimed , doth thereby implicitly , and vertually ( at least ) deny that christ has put an end to the ceremonial law of moses , and consequently that he is come , and hath suffered in his flesh for mankind . and that this may appear as plain as is possible , i shall draw the matter into an argument , thus : to uphold any thing , as still in force , which was to be taken away , and cease at and by the death of christ , is to deny that christ is come and hath fuffered in his flesh for mankind . but to receive , or pay tythes now , is to uphold a thing , as still in force , which was to be taken away , and cease at and by the death of christ : therefore to receive , or pay tythes now , is to deny that christ is come , and hath suffered in his flesh for mankind . the major must be granted , and the minor i thus prove . whatsoever was a part of the ceremonial law of moses , was to be taken away , and cease at and by the death of christ ; but tythes were a part of the ceremonial law of moses ; therefore tythes were to be taken away , and cease at and by the death of christ : the major here again is unexceptionable ; and the minor is thus proved : every heave offering among the iews was a part of the ceremonial law of moses ; but tythes were an heave-offering among the iews , numb . . . therefore tythes were a part of the ceremonial law of moses . . by this it appears , that without regard had of the person to whom , or the use for which tythes are paid , the paying of tythes ( as well as the receiving them ) being a part of the abrogated ceremonial law of moses , imports a denyal of the coming and death of christ ▪ hence it is , that tythes have been , and are commonly called , antichristian , or against christ : and hence hath arisen that saying ( often used not only by our antient friends , but by some of the martyrs long before ) viz. he that pays tythes , doth thereby deny that christ is come in the flesh. that conclusion could not have been drawn , from the paying of tythes to a wrong ministry , or for a wrong use only , though such payment be evil : nor could any thing justify that inference , but the consideration that tythes , depending on the ceremonial law of moses , which must of necessity and in course fall , and cease when christ suffered ; the paying of tythes , carries in it a supposal , that that law is not yet ceased , but is still in force : and consequently that christ , whose death must needs have ended it , is not yet come , nor has yet suffered in his flesh for mankind . . that other objection , not less weighty than common against paying tythes to the clergy , so called , viz. the unlawfulness of upholding a false ministry , to perform a false worship ( being it self so clear and plain , that it needs no illustration ) i shall , in this discourse , no further meddle with , than to observe in my way , how far it may affect those tythes also , which the impropriators claim . wherefore having premised what is said before concerning tythes in general , to what hand , or for what use soever paid , let us now inquire into those tythes , which are called impropriate . of impropriate tythes . . that these tythes , which are claimed by the impropriators , are of the same nature , and stand originally on the same root and ground , on which the other tythes stand , which are claimed and exacted by the priests , is evident from hence , that they were all heretofore , these as well as those , claimed by , and paid to some or other of the romish clergy , or their appendices , the religious orders ( so called ) and upon the same foot. that is , these impropriate tythes , were paid to those religious orders or houses , as being due to god , by vertue of the levitic law ; as well as the other tythes were paid to the parish-priests , on the same supposed right , from the same law. but how these tythes came to those religious houses first , and how afterwards from them to the impropriators , is next to be inquired . . until the lateran council ( so named , because it was holden in the pope's palace at rome , called the lateran ) in the year . it was in the choice of every man to give his tythes to what church he pleased , so he gave them to some church . and even after that council , the popes , as heads of that church , by their dispencing power , did give leave to such as would sue , and pay for it , to give their tythes from the parish-priest , to such order of religious people ( whether monks , fryers , or nuns ) as they were best affected to . by which means , the parish-priests ( called seculars ) and those of the several religious orders ( called by a general title , regulars ) being left to scramble , as they could , for maintenance , the regulars ( mendicant fryers , and others ) swarming in all places , and pretending , at least , to greater sanctity , and austerity of life , than the parish-priests , prevailed with the people , either living or dying , to give not only very considerable estates in lands , but also the tythes of other lands , and of whole parishes , from the parish priests , to their religious houses or convents . . the tythes , or parsonages , so given , were then called appropriations , because they were appropriated to this , that , or the other religious house or convent . and i have read , that there were in england about parsonages thus appropriated . and as tythes were then held to be due to god and holy church ; and those religious orders were reputed a part of that church : so the tythes as well as the lands thus given them , were continued to them , and possessed by them , till that general storm arose , in k. henry . his time , which overturned those religious houses and orders together . and here , by the way , it may be noted , that while those religious houses stood , a great part of the lands which had been given to them , were , by papal authority , exempted from paying tythes : whence it is , that many of those estates , which had belonged to those religious houses , remain discharged from the burthen of tythes still . . as tythes were set up here on the authority of the levitic law , and in imitation of the iewish practice , consonant to that law : so while those religious houses stood , and the pope's power prevailed here , not only the seculars or parish-priests , but all those regulars who received tythes , were bound to pay the tenths out of the tythes they received to the head of their church , the pope , as the levites , under the ceremonial law , were required to do to the priests . . but after that k. hen. . ( upon a quarrel between the pope and him , about his divorce from his first queen catharine , which he earnestly desired , and the pope would not grant ) fell off from the pope ( though not from popery : for after that , he retained the most pernicious doctrines of the romish church , contained in the six articles , and burnt some for denying them ) he threw off the pope's supremacy here , and assumed it to himself ; declaring himself , and being declared , first by the clergy in their convocation , and soon after by lords and commons in parliament , the only supream head in earth of the church of england . this was done by the statute of hen. . c. . and therein it is enacted . that the king , his heirs and successors , kings of this realm , shall be taken , accepted and reputed the only supream head in earth of the church of england . and shall have and enjoy , annexed and united to the imperial crown of this realm , as well the title and stile thereof , as all honours , dignities , praeemences , jurisdictions , privileges , authorities , immunities , profits and commodities to the said dignity of supream head of the same church belonging and appertaining . and shall have full power and authority , from time to time , to visit , repress , redress , reform , order , correct , restrain and amend all such errors , heresies , abuses , offences , contempts and enormities whatsoever they be , which by any manner of spiritual authority and jurisdiction ought , or may lawfully be reformed , repressed , ordered , redressed , corrected , restrained , or amended , &c. by which it is evident , the intention of the parliament then was to transfer , confer and settle unto and upon king henry all the powers , profits and priviledges , which had been before supposed to be in , or belong to , or had been enjoyed or exercised by the pope , while he was received as supream head of the church . . and therefore , as the pope , while he retained the supremacy here , had the first fruits ( which are the profits of every spiritual or ecclesiastical living for one year ) upon the advancing of any ecclesiastical person , to such a living ; and also the tenths , that is the tenth part of all the tythes : so these two revenues , as appendant to that supremacy , followed it ; being settled on the king , in the same session of parliament , wherein the supremacy was vested in him . the words of the statute , h. . c. . relating to the first fruits , are these . that for the more surety of continuance and augmentation of his highness royal estate , being not only now recognized ( as he always indeed hath heretofore been ) the only supream head in earth , next and immediately under god , of the church of england , but also their most assured and undoubted natural soveraign leige lord and king , &c. it may therefore be enacted and ordained by , &c. that the king's highness , his heirs and successors , kings of this realm , shall have and enjoy from time to time to endure for ever , of every such person and persons , which at any time after the first day of ianuary next shall be nominated , elected , perfected , presented , collated or by any other means appointed to have any arch-bishoprick , abbacy , monastery , priory , colledge , hospital , archdeaconry , deanry , provostship , prebend , parsonage , vicarage , chauntry , free-chappel , or other dignity , benefice , office , or promotion spiritual , whithin this realm , or elsewhere-within any of the king's dominions , of what name , nature , or quality soever they be , or to whose foundation , patronage , or gift soever they belong , the first-fruits , revenues and profits for one year of every such arch-bishoprick , bishoprick , abby , monastery , priory , — parsonage , vicarage , &c. then ( after provisions made for finding out the value of those spiritual livings , and for paying , receiving and recovering those first-fruits ) the settlement of the tenths ( that other part of the pope's revenue ) upon the king , follows , in the same statute , in these words . and over this , be it enacted by authority aforesaid , that the king's majesty , his heirs and successors , kings of this realm , for more augmentation and maintenance of the royal estate of his imperial crown and dignity of supream head of the church of england , shall yearly have , take , enjoy and receive , united and knit to his imperial crown for ever , one yearly rent , or pension , amounting to the value of the tenth part of all the revenues , rents , farms , tythes , offerings , emoluments , and of all other profits as well called spiritual as temporal , now appertaining or belonging , or that hereafter shall belong to any archbishoprick , bishoprick , abbacy , monastery , priory , archdeaconry , deanry , hospital , colledge , house-collegiate , prebend , cathedral church , collegiate-church , conventual-church , parsonage , vicarage , chauntry , free-chappel , or other benefice or promotion spiritual , of what name , nature , or quality soever they be , within any diocess of this realm , or in wales , &c. and so goes on to direct the time , place and manner of payment of these tenths , with the penalty for non-payment . . thus were these two great pillars of papal supremacy ( first fruits and tenths ) transferr'd from the pope , ( the old head ) to the king , ( the new head of the church , ) to support and maintain that headship in him , as they had done before in the pope . which ecclesiastical headship the king was no sooner possessed of , than he began to exercise it amongst those religious orders , suppressing ( as herbert , in his life , p. . rel●tes ) the observant fryers at greenwich , canterbury , richmond and other places , and substituting the augustines in their places . which he did ( says herbert there ) for the finding out how his people would take his design of putting down religious houses : to which he proceeded the next year , beginning with the lesser sort , and suppressing all those monasteries , priories and other religious houses of monks , canons and nuns , which had not in lands , tenements , rents , tythes , portions and other hereditaments , above the clear yearly value of two hundred pounds . by which means of those religious houses being dissolved , a revenue of above thrity thousand pounds a year , besides an hundred thousand pounds in money raised by sale , at low rates , of the goods and chattels , of those houses ( a sum not small in that age ) came to the king , for support of his ecclesiastical supremacy . . the statute , which countenanced this proceeding , is the of hen. . cap. . and a new court , called the court of augmentations , was then erected and settled by parliament , for receiving and ordering these new accessional revenues : the act for which , in our printed statute books , is set before that for the suppression of those lesser monasteries . but though that , for suppressing those monasteries , be , by an hysterosis , set after that for establishing the court of augmentations ; yet it must have been made before it : for it is recited in it . . in that statute , hen. . c. . for suppressing those smaller monasteries , mention is made o● monasteries , abbies and priories , which , with in one year before the making of that statute , ha● been given and granted to the king by any abbot , prior , abbess or prioress , under their convent-seal , or that otherwise had been suppressed , or dissolved . all which were , by that statute confirmed to the king , and to all those , unto whom the king either then before had conveyed , or then after should convey any part or parts thereof ; to hold to them in like manner , stamped upon those rectories , parsonages , and other revenues by tythes , into what hands soever they were passed . and therefore , by the statute of hen. . cap. . in case of with-holding , or denying to pay the tythes , all persons claiming them ( impropriators as well as priests ) are restrained from suing in the temporal courts , and limitted to the ecclesiastical or spiritual courts only , for the recovery of them . . and that they might still have dependence upon the supremacy , care was taken , from the first , by the statute of hen. . cap. . that none of these estates , which then had come , or should come , from any of those religious houses to the king , should pass from him by grant to any person whatsoever , without an express reservation of a tenth . and in a subsequent statute ( hen. . cap. . ) complaint being made , that altho' out of those grants , which the king had made to sundry persons , of honours , castles , mannors , lands , tenements , rectories , &c. ( which were under the survey of the court of augmentations ) the tenths had been reserved ; yet the persons unto whom such grants had been made , though they had quietly enjoyed and taken the issues and profits of those lands , rectories , &c. had not paid the reserved tenths to the king : provision was made in that statute , by several forfeitures and nomine-paenae's to enforce the payment thereof . nor was care taken of the ecclesiastical head ( the king ) only , but of the ecclesiastical members ( the clergy ) also : many , if not most , of which had pensions , or portions issuing out of those parsonages , rectories , or other spiritual benefices ( as they were counted ) which the religious orders held : for , besides that upon the increasing of those appropriations , whereby the parish-priests were pinch'd , there had been provision made early , in the time of k. richard the second , for the vicars , as well as for the poor ; the statute of ric. . c. . directing , that , upon the appropriation of such churches , the diocaesian of the place ( or bishop of the diocess ) shall ordain , according to the value of such churches , a convenient sum of money to be paid and distributed yearly , of the fruits and profits of the same churches , to the poor parishoners : and also , that the vicar be well and sufficiently endowed . which statute ( so far , at least , as concerned the vicars ) was afterwards confirmed by another statute of hen. . cap. . which expresly ordains , that the statute of appropriation of churches , and of the endowment of vicars in the same , made the th year of k. ric. the d be firmly holden , and put in due execution : i say , besides these , the stat. of and of hen. . cap. . takes notice , that the arch-bishops , bishops , arch deacons and other ecclesiastical persons , of both provinces of canterbury and york , having formerly , in right of their churches received out of the late monasteries , &c. divers pensions , and other profits , had after the dissolution of those houses , been disturbed , and denyed of the having , receiving and gathering of the said pensions , &c. whereupon it is , in the said statute , enacted , that if any person or persons , being farmer or occupier of any mannors , lands , tenements , parsonages , benefices or other hereditaments of any of the said late monasteries , &c. by the king's gift , grant , sale , exchange , or otherwise , out of which any such pensions , &c. have been heretofore lawfully going , answered or paid to any of the arch-bishops , bishops , arch deacons , and other ecclesiastical persons abovesaid , do , at any time after the first day of april next coming , wilfully deny the payment thereof , then it shall be lawful for the said arch-bishops , bishops , arch-deacons , or other ecclesiastical persons aforesaid , being so denied ; to be satisfied and paid thereof , &c , to proceed in the ecclesiastical courts , for the recovery thereof . . by which statute , all pensions payable to arch-bishops , bishops , arch-deacons , or other ecclesiastical person , that had been possessed thereof , at or within ten years next before the time of the dissolution of the monasteries , out of the parsonages , rectories , or tythes holden by the said monasteries , &c. are confirmed and assured to such arch-bishops , bishops , arch-deacons , and other ecclesiastical persons still . . so that , upon the whole , besides what hath been said of tythes in general , with respect to the iudaizing , and denying of christ , by the paying thereof ( which extends alike to all tythes , those claimed by the impropriator , as well as those claimed by the priest ) the impropriate tythes being generally charged , either with some payment to the vicars , for enlarging of their stipends , or with pensions to the arch bishops , bishops , arch-deacons , and other ecclesiasticks : all such of them as are so charged , come under the same objection , that is made against paying to the priest , viz. the upholding of a false ministry , to perform a false worship . and if any impropriation may be supposed to be free from all those charges ; yet all impropriators , as well as priests , being bound to pay the reserved tenths to the king , as supream head of the church ( which were wont before to be paid to the pope , while he was owned for head of the church ) the paying of tythes to an impropriator , is a recognizing , and acknowledging of a man ( bad or good , popish or protestant , as it happens ) to be the only supream head on earth of the church . which is to set an human head to a spiritual body : and to divest and deprive our lord iesus christ of his undoubted right , who the apostle says expresly , is the head of the body , the church , col. . . and that not of man's making or appointing ; but god ( saith the apostle ) hath given him to be the head over all things to the church , which is his body , eph. . , . finis . qvakers principles quaking, or, pretended light proved darkness, and perfections found to be greatest imperfections in an answer to a written paper, subscribed with the name of thomas holme, and scattered through the country about liverpool and lancashire / modestly propounded by ralph hall ... hall, ralph. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) qvakers principles quaking, or, pretended light proved darkness, and perfections found to be greatest imperfections in an answer to a written paper, subscribed with the name of thomas holme, and scattered through the country about liverpool and lancashire / modestly propounded by ralph hall ... hall, ralph. [ ], p. printed by r.i. and are to be sold by edm. paxton ... and tho. parkhurst ..., london : . errors in paging: p. - misprinted - . reproduction of original in the british library. eng holme, thomas. -- to the priests and people of walton and liverpool, and thereabouts. society of friends -- england -- controversial literature. tithes -- england -- controversial literature. a r (wing h ). civilwar no qvakers principles quaking: or, pretended light proved darkness, and perfections found to be greatest imperfections. in an answer to a writt hall, ralph c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion qvakers principles quaking : or , pretended light proved darkness , and perfections found to be greatest imperfections . in an answer to a written paper , subscribed with the name of thomas holme , and scattered through the country about liver-pool in lancashire . modestly propounded by ralph hall , an affectionate lover of truth , admirer of sincere saving light , ardent desirer of perfection . isa. . . woe unto them that call evil good , and good evil , that put darkness for light , and light for darkness , that put bitter for sweet , and sweet for bitter . jude . these speak evil of what they do not know . london : printed by r. i. and are to be sold by edm. paxton , neer doctors commons , and tho. parkhurst , over against the great conduit in cheapside . . unto the christian reader , especially the inhabitants about liverpool , and walton in lancashire . courteous reader : if thou hast been in any measure sensible of the world , age , and time of the church , in which we have our being , and seriously observant of the dispensations of providence suitable to the season , thou canst not but have seen gods severity , and satans subtilty as much acted as in any age of the world ; gods severity in perm●tting , and silently indulging ; satans subtilty , in seducing the simple , and such as embrace not the truth in the love of it , thes. . . and subjecting the church to exceeding great disorder and confusion , and that under the specious pretences of light , reformation , and liberty ; gods severity in setting aside the authority both in church and state , which should have been as an hook in the nostrils , and bridle to the tongue of evil instruments ; deceivers , going about to deceive , and compassing all places to decry the truth and ordinances of god ; gods severity in with-drawing his discerning and establishing spirit , and giving men up to the vanity of their mindes , to strong delusions , nay and to a reprobate sense , not to distinguish between good and evil , false and true , but to be carried captive at the pleasure of the prince of darkness , and to determine this sad estate , an estate of glorious and saint-like liberty ; yet in all this gods severity hath not so much appeared as in the late upstart quakers , by whom the devil comes in stealingly into the field , setting aside his usual subtilties in down and direct terms , to damn all sacred order and ordinances of god , under no pretence taking with a rational man , much less an understanding christian , whilst the bare wordie out-cry of a light within you ( without any the least discovery of its form , matter or property , nay with the concomitancy of the most palpable acts and effects of positive darkness that can be imagined ) is the chief and only way , the sum and all of the arguments urged to call from the church , truth , and ordinances of the gospel , unto a meer phrensie , and fanatick spirit of rayling and reproach , yet now to us , how do they prevail too too much with too too many ? concerning these unhappy quakers many things have been written , not so much in order to their conviction , who neither own , nor acknowledge any common or certain rule , nor yet with any meekness and silent submission yeeld their ears to instruction , nor yet are sound in mind , but have subdued that very rationall power with which god and nature hath indued some , unto that sad and delusive power with which they are possessed , insomuch that we may say of them , as one in another case , hoc genus hominum ridere soleo non odisse , they are to be pittied , not hated ; they are to be prayed for , not preached unto ; for the devil which possesseth them , is such as can be cast out by no other means save fasting and prayer ; and indeed amongst other grounds of our compassion , this is not the least , that they enjoy too much liberty , to express and increase their madness , that though their spirits are subject to a bedlam temper and disposition , men will not shew them so much pity as to subject them to bedlam discipline . but these things were written for the prevention of others , who by gods grace are yet sound , not only in the faith , but minde , that they may be defended against the force of so simple a delusion , which must needs prevail more by enchantments then enlightening arguments , the which they do not at all urge , and therefore pretend to be ruled by a light within them , and appeal to no other judge save the light within them , and so by an obscure kinde of chymistry resolve all into light , which is no other than the very word light , without any formal being , or properties peculiar to real light . for to expostulate with thee ( courteous reader ) concerning this their so much cried up light within them , consider , is it light proper , or metaphorical ? is it in it self by way of substance a body of material light , or something that in its operation doth so much resemble light , that it is so denominated ? if the former , the sun and moon , those material substantial lights of heaven are of no use to them , and much charge expended in candle-light will be by them spared ; nay and their very being and motion must be conviction and direction to all such as live but under their horizon : but if the latter , viz. metaphorical light , for their convincing , directing principles and power , then is their light , the light of nature , or grace ? if the light of nature , what have they above others , how can they cry up perfection ? have they any thing that is not common to men as men ? ( viz. some sparkl●ngs of light which escaped the sad blast of mans fearful ●all ) the which dictateth several directions to duty to men , and some towards god discovereth some things as false , and evill , other things as true , and good to be embraced , and pursued ; if this be the light they call men to follow and obey , what have they that turks , jews , and pagans do not enjoy ? why should they boast of perfection ? is not this light too weak to discover and comprehend the deep things of god , and mysteries of salvation ? yet by the principles of this light they preach to others , the purest whereof is , do as you would be done by , owe no man any thing , repent , and the like morall precepts ; as also by their practice whereon they ground their imagined perfection , proudly chalenging men to charge them with dishonesty or disorder in the use of the creature ( from which they superstitiously abstain ) this seems to any rational man to be the light they do so much advance , and pretend unto . if this be the light they cry up , i say it is a light though a weak one , it will distinguish objects , and dictate duties , though darkly ; and i heartily wish that pretenders to higher light would more observe this than they do ; sure i am , the justice of aristides and fabricius may reprove the injustice and dishonesty of many christians , enjoying this light , enlarged and made more bright by the light of the gospel , and if but according to the principles of this light they would reduce men to morall vertues , let them rightly display the beams thereof , and i shall desire they may meet with many proselytes , but whilst they publish this light to others , i cannot but observe they darken it themselves , they darken it by their disorderly expressions , declaring things in general terms , not defining the nature of them ; doth not the incongruity of their expression , the inconsistence of their sentences , each one other multiplying words in an undigested , immethodical heap , leave all men in the dark , what they mean by their light , whilst they are to them that hear plain barbarians , a vox & praeterea nihil , and doth not nature teach to speak in order , and method , principles in which to be instructed ? doth it not count him the most elegant orator who speaks so distinctly and plainly , that the beams of light from him may be seen and acknowledged by all ? did not nature call heraclitus {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the dark philosopher , for rendring obscura per obscuriora , losing a principle in a cloud of obscure insignificant words ? nay and doth not their practise ( which should be the clear comment on their principles ) render them much more dark , or rather distastfull as acts of darkness , so detected by the very light of nature ; what will you say to their altogether decrying gods outward worship ? doth not nature it self direct to some acts of worship , to an acknowledged deity ? only their light renounceth it . is it light that leads to the disrespect of all superiours , neither to give them honour in words or gesture ? was not the fifth command ingraven on the heart by nature ? teacheth it no● all men in the world to observe that order which god hath set among men , and give to every man that civil honour that is due unto them , by reason of age , place , or quality ? the light of nature blusheth at their rude language and behaviour ? and bespeaks them beasts of darkness , rather than subjects of any distinguishing light ; doth the light of nature give liberty for women to be common controulers , and ordinary speakers ? is not silence the duty imposed , and property adorning that sex ? will not the heathen reject the religion which is inforced with feminine voyce and stile ? finde you them not without natural affection to their husbands , and children ? not only in a neglect of their time and callings in idleness , following the pretended light within them , but also wickedly leaving them , and wandring from country to country , from nation to nation , in a rabid and savage way , to advance the pretended light within them ? these and the like acts of most gross and palpable darkness are so obvious to every observant eye , that they seeing them cannot but blush if natures weak and vitiated eye be but half open , and i cannot think that there needed any more pregnant or perswasive argument to stay thee from closing with their delusions , than a plain historical representation of their works of darkness , so directly contrary to the light of nature . but their light pretends it self to be that of grace , and if so , how was it acquired how is it approved ? they have indeed by providence been cast into gospel-times , and places , and so know the scripture , and its phrases , but by it they gained not this light ; for the scripture , they disown and decry , they must needs then have it by some extraordinary infusion , and this certainly is not from the spirit of truth and light ; for besides that it enlightens us , in and by the scriptures it brings into the soul a light that doth clearly discover the object , and irradiate the organ , a light that doth dispel all disorder and confusion , distinguishing things that differ , defining things that exist , declaring duties , and detecting sins , with a conviction irresistable ; it is to be feared , nay positively affirmed , that this light , so full of confusion , darkness , and disorder , is no other than the enlightnings of the prince of darkness , darting out scripture words without either sence or reason , and suited to the seducement of a people to whom by providence scripture-language is grown natural , that no delusion will down with them that savours not of it . this will appear more certain , if you consider how this light is approved , and here consider what are the properties of it , what object doth it discover ? what duty doth it direct ? what real evil doth it detect and convince of ? as to the former , it doth not so much as pretend to them , by either propounding any object , or prescribing any duty more than the light , without description , and heeding it without any rules of direction ; so that it gives you no center , or ground to hope , no counsel to the soul , nay so farre is this light from directing unto , that it diverts the soul from every duty , the subjects of it , sanctifie no sabbaths , seek not god at any time in prayer , crave not so much as a blessing on their meat and drink ; but in a word , throw off every act of religion as a work of darkness ; the only property of light to which it doth pretend is that of reproving and convincing of evil , and if the matter reproved , and manner of reproving bespeak it not to be positive darkness , let the sons of light judge . as to the matter reproved , is it not generally the very worship of god , and duties of christianity , that the which every rational enlightened christian must needs see to be prescribed by jesus christ , and declared in the scriptures ? is it not the sabbaths , solemn assemblies of god and his people ? is it not prayer , reading , hearing , receiving the sacraments , &c. even all the practices of piety they decry , insomuch that we cannot but see them obnoxious to that sad woe denounced against such as call good evil , evil good ; light darkness , darkness light ; in a word , they decry those things that sathan durst not have spoken against , had he not prepared the spirits of men by a spirit of scepticism , having brought them to such an equipoiz , that a very calling light darkness , and darkness light may cast the scales , so that indeed we have cause to say of their reproofs , as augustine in another case , nos non curamus de eis qui reprehendunt quae non comprehendunt , we regard not their reproofs , for they blame what they do not understand , and are justly to be branded with the apostles note of seducers , they speak evil of things they do not know , jude . as the matter of their reproof , so the manner in which they mannage it , manifesteth it to be darkness , enmity at light , for they condemn as judge without any convincing arguments , or demonstrations ; thou lyest being their form of reproof , and only forcible reason of conviction ; they are confused , blaming every thing , but convincing of no one ; the whole fabrick of religion is the cloud of darkness they strike at , they distinguish nothing at denoted guilty , and to be demolished . they cursedly rail , rather than convincingly reprove , for it may be said of them as munster notes of the monstrous men in india , non loquntur sed latrant , they do not speak but bark ; by positive assertions , reproachful epithites , rayling speeches , conquering the modest and civil , and indeed by their black mouthes become like the basilisk , killing the birds of the air in their very flight , by their very breath ; for if once reason begin to traverse their black indictments , thou art carnal , antichristian , devils , and the like , must stay the process , and confirm the sentence . many ways i might manifest the darkness of their pretended light , but i must not now stand on an history of them , but leave them to the view of their carriage , the witness of such who have been seduced by them , and the writings of such as have withstood them , amongst which i here commend to thee this small tract , written in a plain , simple , and rustick stile , like unto its author , a plain simple country-man , in a private calling , possessing an honest heart , and publick spirit , filled with zeal to plead the cause of truth to his power , and to prevent his country-men and neighbours from being seduced by this fanatick generation , and following a plain ignis fatuus into a wilde wilderness of pretended light within ; only before i part with thee , give me leave to prescribe to thee these few rules for thy preservation . set reason in its throne , i mean not reasons dictates , which yet as thou art a man thou must observe and follow , though they are too short to guide thee to heaven ; but the rational faculty and power of discerning , discoursing , and determining things which god and nature hath given thee ; for observe , the devil blindes this eye , and dethrones this judge , when he advanceth this pretended light : when you are mad you may be brought to any thing . stick close to scripture , as the light unto thy feet , and lanthorn to thy paths , by this the light exhibited by christ and his apostles was manifested , and by this the spirit of light will be judged ; whilst reason doth sit judge , see that it sentence by the law of scripture ; therefore in the right use of scripture see that thou do own and embrace , first , scripture sentences , not words , this sort of men do speak words , and but words , leaving sentences , and so making the word of god of none effect . secondly , sense of scripture , not meerly sentence , the sentence may be figurative , and to be understood otherwise than the words do simply shew , as , this is my body , and other like expressions do evidence . thirdly , sense rationally inferred , as well as positively asserted , reasoning from the scripture is suitable to an enlightned rational being . fourthly , sense plainly flowing from the scope and circumstances of the text , not strained by allusion unto allegories , and the like . state to the soul standing principles of christianity , see some things to be true , and out of all controversie not to be admitted to debate , but retained with all resolution against all temptation , know that a sceptick is a quakers gentleman-usher . shun their society , especially solemn assemblies ; how shouldest thou chuse but learn a lesson in the devils school if thither thou resort day by day ? if their air bee infectious , and inchantments only spiritual , ( which on good ground , and i beleeve experience too , are found to bee natural , ) canst thou accompany with them without danger ? it was once the churchesery , cant. . . why should i turn aside by the flocks of thy companions ? sue by fervent prayer for the spirit of a sound mind ; now that thou art faln into a fanatique age , prize the many helps thou hast to keep thee in thy wits , and know that spirit of sobriety is the blessing of god , but thereby effected , in special use this tract unto its especial end , and that thou by it , and helps of the like nature may be delivered from the error of the wicked , is and shall be the constant prayer of thine , in and for the truth of the gospel : zach. crofton . april . . the quakers paper truly copied out , as it was by them written , and sent to the ministers and people , in , and about walton , and liverpool : to which the following treatise is an answer . to the priests and people of walton and liverpool , and thereabouts . for as much as there was a dispute , at the greave-house near walton , betwixt the people called quakers , and the aforesaid priests before mentioned : in which dispute the priests was to prove the lawfulness of receiving of tythes which by scripture they could not do , but one scripture they brought in for their own ends , which makes nothing for their purpose , in luke . . to prove the receiving of tythes , for this was before he was sacrificed up , when he said , woe unto ye pharisees , for ye tythe mint and rue , and all manner of herbs , and pass over judgement , and the love of god ; these ought yee to have done , and not to leave the other undone . now let all people who have any understanding , consider and see , whether this be any ground or command for the priests to take tythes of the people after his being sacrificed up , for he said , these ought ye to have done , but he gave no commandement to continue in them , for he was the end of the priesthood , and the end of the law , by which the priests took tythes , for the priesthood being changed , there was of necessity a change of the law , and a disanulling of the commandement going before , as heb. . . . but in the time of the law they was to take tythes of the people according to the law , heb. . . and those that did not bring their tythes into the store-house whilst that law and commandement was of force , robbed god , mal. . . . and the lord commanded that all the tythes should be brought of the increase , and laid up , and the levite , because he had no part nor inheritance with the people , and the stranger , and the fatherless , and the widows should come and eat , and be satisfied , deut. . , . and this was in the first priesthood , and before jesus christ was sacrificed up , the unchangeable priesthood , heb. . . the everlasting treasure , col. . . in whom dwells all fulness , vers. . who hath blotted out the hand-writing of ordinances , and took it out of the way , and nayled them to the cross , triumphing over them , vers. , . then the apostle denied all ordinances that were hand written , and said the law was changed , and the priesthood was changed , heb. . . and the commandement disanulled , so the law now being changed , by which the priesthood was made , and the commandement disanulled , by which they took tythes of the people , of god himself , and the hand-writing of ordinances blotted out , therefore who art thou o man that goeth about to build again , set up , allow , write for , and uphold that which god put down , disanulled , and blotted out , and nayled to the cross ? gods enemy thou art , whoever thou bee , for the earth is the lords , and the fulness thereof , psal. . . and all are commanded to honour god with their substance , who are his stewards , prov. . . take heed how yee dishonour him by giving his goods to his open enemies , who uphold , and maintain that which he hath disanulled , and witnessed against , for you that do so , are unprofitable stewards , and hee will call you to an account of your stewardship ; and hee that is unjust in the least , is also unjust in much , luke . , . and if yee be not righteous in the unrighteous mammon , who will commit to your trust the true riches ? and if yee have not been faithful in that which is another mans , who shall give you that which is your own , hee that hath an ear to hear , let him hear and understand . and if your priests will take tythes as they did in the time of the law , see ye do the office of the priests that took tythes , they kept a store-house , and the widows , and the fatherless , and the strangers which was within the priests gate was fed ; and if they do thus , they must own themselves to bee ministers of the law , and not of the gospel ; and if they do not thus , they rob the poor , the fatherless , the widows , and strangers , and neither are priests of the law nor gospel ; so from the law and gospel do wee shut them , who are neither in the steps of them , who were under the law , nor in the steps of christs ministers , who was the end of the law , so from being ministers of either law or gospel , yee have cleared your selves , and shut your selves out by your practices . and thou priest fogge of liverpool , who said , they that hold forth the way of perfection , holdeth not the way of god ; but from under this thou canst not get , but under the condemnation must come ; for the way of god is perfect , which way is jesus christ , for , saith hee , i am the way , the truth , and the life , no man cometh to the father , but by mee . so thou that saith , the way of perfection , is not the way of god , art out of the way of god , and thy condemnation thou must own : so confesse thy error to the people , who hast spoken against christ , who is the way of god , and the way to god , which way is perfect , and indures for ever . so for the simple ones sake have i given this forth , who was at the meeting , and received not satisfaction , because of the disorder that day ; that they might come to see their teachers , who hath long deceived them , taking their goods from them , contrary to the law of god written in mens hearts ; so with the light which comes from christ which convinceth you of sin , shall you see them to bee , such as the prophet speaks of , and saith , put into their mouths , and they cry , peace , peace , but put not into their mouths , and they prepare war against you , mat. . . and this is fulfilled by many of the priests of england this day , who sue many at the law , and cast many into prison , because they put not into their mouths : so , to the light of christ in you all , take heed , which is your way and teacher , and from all false wayes , and teachers doth lead . given forth by him , whom in scorn is called quaker , thomas holme . qvakers principles quaking . friend and friends , i have perused your written paper directed to the priests , ( as you are pleas'd to call them ) and people in and about walton and liverpool , and you adde in one clause of it , that for the simples sake you sent it forth , it was my purpose that one of those simple ones should return you an answer and i humbly beg upon the bended knees of my soul , that the answer i shall return may be so full of gospel simplicity , that god may have the glory , my duty may be discharged , and your judgements rightly informed , and then i doubt not but some of you , at least , will consider from whence you are fallen rev. . . and repent , and do your first works , and so prevent the lords coming against you in fury , and in wrath , for i seriously profess , i look upon it as a very dangerous peece , to break our selves off , and rent our selves from the church of god , for as gen. . , &c. noahs ark was a clear figure and type of the church of god , so noahs dove is a clear embleme of such as through affectation of new and unknown paths do stray from the church of god , and forsake the assemblies of the saints , as the manner of some is , heb. . . and i pray you observe with me what became of noahs dove whilst she was out of the ark , and you shall finde she found no rest for the sole of her foot till she return'd to the ark , gen. . . and noah took her in again ; and let me tell you this scripture ( as well as other scriptures ) rom. . . was written for our learning ; consider what i say , and the lord , if it be his good pleasure , give you understanding , tim. . . but before i come to the answer of your paper , let me tell you at what i very much wonder , viz. that you should make use of the scriptures to prove what your deluded fancies would hold forth , and yet will not acknowledge them to be the word of god ; i know what you are ready to say , viz. that christ is the word , and i through gods mercy know it as well as you , and am i bless god , able in some measure to distinguish between the word of god , and god the word ; yet let me tell you , if i did not beleeve really that jesus christ and the scriptures speak one and the same thing , or that jesus christ the internal word , and the bible , or book of god , the external word , were both one , i would as soon prove my tenents from the turkish alchoron as from the scriptures , which were blasphemy for me once to imagine . and now to the answer of your paper , in which i have observed , and seriously considered three things ; . from whence it came . . to whom it is directed ; and . the subject matter of it , which indeed savours so much of rayling and reproach , than i dare not answer you in your own language , least i should betray my self not to be guided by the spirit of god , which is a spirit of meekness . but to the first of these , viz. from whence it came , i have only this one word to say , viz. it came from a people that i look upon as objects of much pity , not of envie ; a people that i have sometimes been very intimate with , at least some of you ; a people with whom i have taken sweet counsel when we have walked to the house of god together , as friends ; a people that i have dearly loved with christian love , a people that i have often prayed with , and shall not yet cease to pray for , luk. . . luk. . , , that as many of you as have your names written in heaven , may be brought back upon the shoulder of gods power to the fold of christ , from whence yee are gone astray , pet. . . and thus much i am confident of , with which i will conclude , that if it please god to grant me my request at this point , there will be joy not only in heaven at your return , luke . . but matter of praise and glory to god in the soul of him , that will not cease to pray for you ; though some of you lately professed , he durst not pray for me , because i was ( as he said ) gods enemy ; but i am confident sometimes he and i professed our friendship with god , and our love to god , both with one joynt consent ; i bless god i am the same still , and if he be not , let him seriously consider which of us are fallen from our own stedfastness , pet. . . and so declared our selves to be gods enemy . and now i shall proceed to the second particular that i observed in your paper , viz. the persons to whom it was directed , namely to the priests , ( as you are pleased to call them ) and the people in and about walton , and liverpool , and especially written for the sake of the simple . as to the name priest , i should not be troubled at it at all , were it not given by you to the ministers of the gospel , as a brand of reproach ; for indeed i finde it to be one of those honourable titles , that god hath given to the dispencers of his word and ordinances in all ages . they are sometimes called the lords priests , exod. . . chron. . . sometimes the lords pastors , ier. . . sometimes the lords shepherds , cant. . . sometimes the watchmen of israel , ezek. . . isa. . . and many other honourable titles god is pleased to put upon his priests that hee cloathes with his righteousness , psal. . . and appoints to wait at his altars , cor. . . but you will say , these are legal titles given under the law , but we are not under the law , but under grace , and the gospel of grace . to which i shall have occasion to speak more fully , when i come to the subject matter of your paper , i shall only say in this section with a learned man , whose works i lately saw , that the cause why many are so ignorant of christ and his apostles , is , because they are no better acquainted with moses and aaron . but if we look into the gospel as well as the law , we shall finde no less honourable titles given to the ministers of the gospel , than of old time was given to the dispencers of the law ; we finde a catalogue of them in ephes. . . they are there called apostles , prophets , evangelists , pastors , and teachers ; and though their names be here differently expressed , yet their honourable work is the same , viz. for the perfecting of the saints , for the work of the ministry , for the edifying of the body of christ , which is the church . and here is one thing observable , viz. that god is pleased both under the law , and under the gospel to give one and the same name to the dispencers of his word and ordinances , i mean pastors , if we compare this , ephes. . . with jer. . . and not only in point of name , but office also , as shall by the assistance of god further appear in the next section . but further , they are called christs disciples , joh. . . the preachers of the gospel , matth. . . cor. . . and with which i will conclude , they are called the lords embassadours , cor. . . nay the lord gives them the honourable title of angels , rev. . . &c. these things considered , may we not conclude with our saviours own words , he that heareth you heareth me , and he that despiseth you despiseth me , and he that despiseth me , despiseth him that sent me , luke . . from which sentence the lord keep me , and the whole israel of god . i have now for brevities sake done with one of the parties to whom you direct your paper , viz. the priests , ( as you call them ) and for the people , i confess i have not had opportunity to speak with many of them since i saw your paper , but as many of them as i have had any conference with about it , i assure you the greatest number of them looked upon your paper as such an empty inconsiderate peece , that they concluded it was not worthy answering , yet as you say , it was written for the sake of the simple ; i assure you , it is for their sakes that are endued with the humble simplicity that is in christ that i undertook this present answer . and now come we to the subject matter of your paper , which centers it self in these two things ; . concerning the lawfulness , or unlawfulness of giving , and receiving of tythes ; and . concerning perfect here , in the body , or whilst we continue in the body . to the first of these , viz. concerning tythes , i would gladly know , whether you will acknowledge the whole scripture to be the word of god or no , i mean the whole bible , the old testament and the new ; if you will acknowledge the whole , i shall need say no more for the lawfulness of giving , and receiving of tythes , than you have said against the lawfulness thereof ; for you have cited several scriptures that make full for them , as that in deut. . , . compared with mal. . . & . in that of deuteronomy , the lord takes care , and giveth charge not only concerning the bringing in of tythes , but for the true bringing in of them , as though the lord were resolved not to abate them any thing of that proportion that he had commanded , not only in relation to the quantity but quality also ; so at the twenty third verse , thou shalt eat before the lord thy god in the place that the lord shall chuse to place his name there , not only the tythe of thy corn , but of thy wine , and of thine oyl , and of the firstlings of thy flocks , and of thy herds , &c. and the reason of all is added , viz. that thou maist learn to fear the lord thy god , not only during this year and the next , &c. but always ; nay , the lord takes care , as i may say , concerning such excuses as some , like your selves , might make against the punctuality of this performance , in relation to the distance of the place that the lord should chuse , from the place of some of the peoples residence . some of the people might say , i hope i may be excused ; alas , the way is too farre , and the burthen that i am to bear is too heavie for me to carry so long a journey , may not i be dispenced with ? no , saith the lord , if the burthen be too heavie , and the journey too long , then shalt thou in such a case turn thy tythes into mony , and shalt bring thy due proportion in mony in thy hand . as if the lord had said , i will not abate thee any thing , neither will i be put off with any excuses , or pretences that thou canst make , but that which i require thou shalt truly perform ; but you will say this is law , why then let us take a step further , and see what the prophets say to it , and here again you have answered your selves , mat. . . will a man rob god , it should seem by this text that your opinion is no new thing , but as old as this prophesie , for the very same colour that yee pretend , the lord intimates to be this peoples pretence , viz. wherein have we robbed thee ? why saith the lord , in tythes and offerings ; and me thinks there is abundance of emphasis in the tenth verse , by you likewise quoted , bring yee in all the tythes into the store-house , that there may be meat in my house , and prove me now herewith saith the lord of hosts , if i will not open windows in heaven , and pour down such a blessing as there shall not be room to receive it ; as if the lord had said , do yee pretend a scarcity of the fruits of the earth , so as yee cannot spare the tythe that i require of you ? why you may thank your selves , for your unwillingness to pay them , that the increase of your fields , and of your flocks and herds is so slender , or that i have blessed your increase no better ; but prove me now , bring in the full of your tythes , keep nothing back , and see if i will not so bless your increase , as that not only your barnes , and your wine-presses , and your stalls , &c. shal be full , but there shall not be room to receive them . and were it not to hold a candle to the sun , i might adde many more scriptures both out of the law , and prophets , that would speak the same thing . as also of the largeness and bountifulness of the provision that god made for his ministers that waited at his altars even under the law . and have wee any grounded reason to produce , why god should be straiter handed in his allowance of maintenance for his ministers that he hath imployed in more excellent work ; for so is gospel-work , when it is compared with legal-work ? but you are ready to take me here at my own word , and to reply , that all that i have said concerning tythes is legal , and from the law , though you know it is partly from the law , and partly from the prophets . but you will say again , the law and prophets are all one , yea and so say i too ; and further i affirm , that moses , and the prophets , and the gospel are all one in substance , and in effect the very same thing , they are all the word of one and the same immutable and unchangeable god ; i might prove this abundantly , but for brevity sake this one scripture shall serve for , and instead of many ; and methinks it might , it is so full , heb. . , , god who at sundry times , and in divers manners spake in times past to our fathers by the prophets , hath in these last days spoken to us by his son , whom he hath appointed to be heir of all things , by whom also hee made the worlds . i pray you observe with me , god , one and the same god , spake , spake one and the same word , yea at sundry times , and in divers manners , to our fathers by the prophets , to us by his son , but to both , one and the same word . so then we may conclude , the immutable god , who was yesterday to our fore-fathers , to day to us , and the same for evermore , hath spoken a word , and left us a word like himself , unchangeable in the substance of it , though changeable in the administration of it , according to the good pleasure of god the speaker of it , yet the same word spoken to his people , whether in old time by his prophets , or in the fulness of time by his son , gal. . , . or in the declining of time by the ministers of the gospel ; so then we see how dangerous a thing it is for us to separate , or put asunder what god hath so joyned together , that it is no more two but one , i mean his whole entire and individual word ; and if this be granted , the controversie is easily decided . but you say further , this law so much insisted upon , together with the priest-hood of it , is changed , and the commandement disannulled , and this you bottom upon heb. . . & . the very same words that you mention in your paper , i confess is here the scripture-word , yet let mee tell you , if we should take every word in scripture in the bare letter of it , not weighing the sence and meaning of the spirit of god in the scriptures , such absurdities would follow as you and i little think of ; for instance one amongst many , it were easie for me to prove that you have no faith , or for you to prove that i have none , if we only look upon the letter of one text of scripture , and our saviours own words , matth. . . verily i say unto you , if you have faith as a grain of mustard-seed , yee shall say to this mountain , be thou removed hence to yonder place , and it shall remove , and nothing shall be impossible to you . observe , faith as a grain of mustard-seed , which our saviour elsewhere saith is the least of seeds , yet if so small a quantity of faith be in you , mountains shall remove out of one place into another ; but which of us can speak this word of faith so , as a mountain of stone , or earth , shall thus remove . i bless god i know how to understand this scripture better , but i say , if we take this scripture in the letter of it , who hath any faith at all ? when so small a quantity of it will do so great a work . therefore i say , the sence and scope of the spirit of god must be inquired of in all scripture readings , or else there are many things in the very epistles of the apostle paul , that are hard to be understood , which the unlearned and unskilful do wrest to their own destruction , as they also wrest all other scriptures , pet. . . and therefore let us enquire into the meaning of this change of law and priest-hood , and of this disanulling of the commandement , and we are right at this point , or else not . as for the change of the priest-hood , it is in relation to the manner of administration , not in point of office ; for though the sacrifices of burnt offerings be taken out of the way , being nayled to the cross of christ , yet there remains the sacrifice of prayer and supplication , with giving of thanks , tim. . . to be offered up upon the altar , the lord jesus christ , which is to god a sacrifice of a sweet-smelling savour , ephes. . . and indeed is the sum and substance of all burnt offerings . so david , thou requirest not sacrifice , else would i give it thee , thou delightest not in burnt offerings ; but , the sacrifice of god is a contrite spirit , a broken and a humble heart o god thou wilt not despise , psal. . . so if i should instance in all the particular injuctions of the ceremonial law it self , we should find only the manner of administration changed , not the matter , substance , and equity of any one of them ; for instance in one of the meanest of them , there was a law of divers washings of hands , and cleansing of cups and vessels , &c. these are all taken away in respect of the manner of them ; but the substance and equity of these yet remain , wash thy heart o jerusalem , how long shall thy vain thoughts lodge within thee , jer. . . and isa. . . and our saviour taking notice of the strictness of the pharisees about these washings , saith , ye make clean the out side of the cup and platter , but the inside is full of filthiness and uncleanness , mat. . , . and so david , i will wash my hands in innocency , so will i compass thine altar , o lord , psal. . . by all which scriptures , we see that the summe and substance of all the law , even of the ceremonial part it self remains unchangeable , though the manner of administration be not onely changed , but disanulled , and taken out of the way ; as the lesser light , to wit , of a candle , is swallowed up of the greater light , to wit , the sun . thus we see how the priests work is changed , viz. in point of administration onely , and so the priests are changed in point of their administration-work ; but in respect of the order of the priesthood , it is not changed ; for christ is a priest for ever after the order of melchisedeck , so that from everlasting to everlasting , the priesthood in point of substance , is one and the same for ever . i might instance in the sacraments of old , under the law , and make it out that the summe and substance of them , not only remain the same , but are more lively held forth in those two sacraments that christ hath instituted , and left to continue in his church to his second coming , cor. . mat. . , . and what is held forth in the gospel , israel had under the law , though more obscurely held forth ; yet they did all eat the same spiritual meat , and did all drink of the same spiritual drink , for they drank of that spiritual rock that followed them , which rock is christ , cor. . , , . and christ saith of abraham , that he rejoyced to see christs day , he saw it , and was glad , joh. . . but you say further , the commandement is disanulled , i shall say so too , if you mean the rigor and curse of it , in relation to the covenant of works , so as that it is not now , do this and live , in the same circumstantial manner as it was under the law ; but the equity , summe , and substance remains to this day , viz. in manifesting our obedience to the gospel of christ , as before to the law of god ; not , as i said even now , in the same circumstantial manner , but in another equivalent to it , viz. in repentance , faith , love , and new obedience , without which no salvation ; and in truth , when i seriously consider the law and gospel , i find the law to be nothing else but gospel foretold , and the gospel nothing else , but the law fulfilled ; where lyes now the disanulling of the commandement , except in the sence before mentioned ; for as to the total annihilating , disanulling , or destroying the law , our saviour disclaims it in his own words , i came not to destroy , but to fulfil the law , matth . . and the apostle paul having spoken largely to these forementioned distinctions , lest any should ( as you seem to do ) mistake him , and from his own words utterly abrogate , and make void , and useless the law , he saith in plain words , do wee then destroy the law ? god forbid , we rather establish the law ; rom. . . and in truth , i find our blessed lord and saviour , so far from destroying the moral law , that he rather sets a sharper edge upon it , and makes it of greater force , and more binding in reference to the strict observance of it ; for saith he , it hath been said of old , matth. . . . thou shalt not commit adultery ; but i say unto you , he that shall look upon a woman , so as to lust after her , hath committed adultery with her already in his heart : and whereas moses suffered the putting away of wives upon dislikes , and disagreements , christ tells us , if any man put away his wife for any cause , save for the cause , and in the case of fornication hath broken the law , and he that shall marry her that is divorced committed adultery , mat. . . and though these things , and others of the like nature , were not so expresly set down in the moral law , yet they were fully included in the commandement ; by all which we plainly see the harmony and agreement between law and gospel . and thus having briefly , yet plainly explained , wherein the law and priesthood is changed , and the commandement disanulled , i proceed to the great question in controversie , viz. concerning the lawfulness , or unlawfulness of giving and receiving tythes ; and that as briefly and plainly as i can . now as we have seen the equity of the law of god held forth in the gospel in some cases ; so we may , if we will , see it held forth in this very case of tythes , cor. . . even so hath the lord ordained , that they that preach the gospel , should live of the gospel . i would gladly have any of you , to shew me where and when this ordination of god by the apostle here cited , was made manifest . i know you could , if you would ; but in regard you cast off the law as useless , i pray you see how you differ from the mind of the apostle ; you need not to go far for this , only cast your eye upon the . vers. of the forecited chapter , and you shall see . it is written , saith the apostle , in the law of moses , and here at this . vers. even so hath the lord ordained , as if the spirit of god foreseeing such a generation of men as you are , going about to rent and tear one part of the word of god from another , he here joyns them in such an inseparable bond , as the whole world is never able to unloose , and not only so , but draws all that is necessary to be received of us , in point of comfortable maintenance of the ministry , into an intire doctrinal conclusion , viz. that those that preach the gospel should live of it , is gods own ordinance ; and this he proves by scripture from the . of deut. . and having thus proved it by scripture , he argues it from several reasons drawn first from the equity of it , vers. . who goeth a warfare at any time , at his own charges ? who planteth a vineyard , and eateth not of the fruit thereof ? or who feedeth a flock , and eateth not of the milk of the flock ? but further ? if we have sown unto you spiritual things , is it a great matter if we reap your carnal things ? vers. . again do we not know , that they that minister about holy things , live of the things of the temple , and they that wait at the altar , are partakers with the altar ? vers. . but you may perhaps say , this was so in the time of the law ? but ought it so to be now ? yea saith the apostle , even so hath the lord ordained , that they that preach the gospel , should live of the gospel ; as if he should say , it not only was so , but still remains to be gods own ordinance , even so hath the lord ordained . secondly , he argues it from his power and authority , am i not an apostle , vers. . have we not power to eat and drink , & c ? vers. . have other apostles this power , and am i , and barnabas only exempted from this power ? i tell you nay , or say i this only as a man , or of my self , or for my own ends ? sure i do not , but the lord saith it as well as i , is it not written in the law of moses , thou shalt not muzzle the mouth of the oxe that treadeth out the corn ; or again , doth the lord here onely take care so oxen a indeed he doth out of his fatherly care and providence provide for man and beast , psal. . . all which i very well know , yet i tell you , the lord speaks not this only out of his care of oxen , but for our sakes , for my sake , and for the sake of all those that god shall call to bee ministers of the gospel ; and doubtless he saith it altogether for our sakes , that he that ploweth may plow in hope , and he that thresheth may bee partaker of his hope , vers. . and though the apostle for the good and increase of the church of god , and for the gaining of some that out of carnality of heart might argue against being at charges upon the ministers of the gospel , that labour in the word and doctrine , i say , for the gaining of their souls , he sometimes forbears the exercise of his power , and rather labours with his hands ; yet he fully asserts this power to be put into his . hand , to forbear working in a secular imployment , and to receive wages for gospel-work , such as might be his livelyhood and living , so as to live of the gospel , vers. . neither doth the apostle onely assert the lawfulness of taking wages for gospel-work , but also acknowledgeth , that himself had taken wages ; i robbed other churches , taking wages of them to do you service . it seems to me the apostle paul sometimes met with people as unwilling to part with wages for gospel-work , as many are in these dayes , and in such a case , he laid by the exercise of his power , and made use of such as were more willing to minister to him , of the good things that they had , that by his lenity and gentleness , he might gain the refractory ; himself saith , he became all things to all men , that by all means hee might gain some , vers. . but his power hee asserts to the utmost , if others be partakers of this power over you , are not wee rather ? though we have not made use of this our power , but suffered all things , lest wee should binder the gospel , vers. . his aime being to gain , and to win more upon mens hearts hereby , and to see the number of christs flock increased , that he made himself servant to all , that was yet free from all , vers. . but it may be you will grant that the ministers of the gospel ought to receive wages for gospel-work , and to live of the gospel , though this is more than many will grant ; yet what makes all this for receiving of tythes ? to this i have onely two words to say , and i pray you observe them both . first , it is clear to me , that the duty of paying a competent allowance to gods ministers , such as they may live on , by what hath been already said , and much more that might have been said for it , though the way , form , and kind in which this wages ought to be paid , is not so cleer from the new testament , as it is from the old , and i hope where a duty is injoyned in one part of the word of god , and the manner of performance said nothing of in that part of the word , yet in another part of the same word it is expresly set down ; it must needs be safer to walk by the subscribed rule , than either to walk without rule , or to cast off duty . and indeed for all you say , that scripture , luke . . makes nothing to the purpose concerning the matter in hand ; yet in my apprehension , it makes much for the payment of tythes : for our saviour blames not the pharisees for taking of them , but that they only eyed the profits and benefits that came by them , and neglected the weightier things of the law , viz. judgement , and love , &c. for saith he , this ought ye to have done , and not to have left the other undone . and whereas you say this was before christ was offered up , i grant it is true , but shall we therefore conclude that christ would speak so favourably of a thing , whilst he continued in the world , that hee would condemn and abandon when he came to his father ? were not this as much in effect as to force christ to deny himself in point of his deity , and to make both him , and his word mutable and changeable , from which assertion the lord keep all that expect salvation in by and through the lord jesus christ . and thus farre i have admitted of your sence of this scripture , luke . . , viz. that the pharisees receive tythes , * and if it be taken in this sence , it is clear our saviour blames them not for taking of them , but that they only looked upon the profits that came by them ; but if wee consult with mat. . . we shall find the pharisees rather paid tythes than received them , which sence i rather take to be the true and ingenuine sense of these scripture ; for the pharisees were not all priests , if any of them were so , but rather a separated sect of people alone by themselves , very singular for external performances , but little regarded the weightier things of the law , viz. judgement , and the love of god , &c. now if we take it in this sence , our saviour blames not the pharisees for paying of tythes , but in that they concluded , this being done , there was no more to do : but now let us joyn and compare these two scriptures together , and what will be the result , but clearly and plainly this ? viz. that neither the taking nor giving of tythes was by our saviour condemned , but rather approved of to be a duty , only resting in the external performance of this duty is by christ reproved and condemned , for saith he , this ought yee to have done , and not to have left the other undone . besides , abraham ( in whose loyns levie was ) paid tythes to melchisedeck before the law was given , gen. . . & heb. . . and christ is a priest for ever after the order of melchisedeck ; so then , the order of the priesthood was before the law , and continued after the law , even for ever . and if it was a spiritual rite before the law , as it must needs be , else the patriark abraham in whose lyons levie was , would not have paid them ; but it is clear , he paid them , heb. . . by which it plainly appears tythes are a spiritual rite , belonging to a spiritual and unchangeable priest-hood ; and if so , they must needs of divine right belong to the servants of melchisedecks order ; but the ministers of the gospel are servants of melchisedecks order , therefore to them of divine right tythes belong ; for christ is a priest nor after the order of aaron , but after that unchangeable order of melchisedeck . and methinks that pract●ce of jacob , gen. . is full for this present purpose , he was going about a weighty business , in pursuance of a command received from isaac his father . god is with him , and in his journey appeareth to him in a dream , le ts him see a ladder reaching from earth to heaven , upon which the angels ascended , and descended ; jacobs eyes are opened , and he cries out , the lord is in this place , and i knew it not , vers. . he is terrified at the lords presence , and saith , how dreadful is this place ? it is none other but the house of god , and the gate of heaven , vers. . and observing these things , he vows a vow , vers. . saying . if the lord will be with me , and keep me in this way that i go , and will give me bread to eat , and rayment to put on , so that i come again to my fathers house in peace , then shall the lord be my god , and this stone which i have set up for a pillar ( mentioned before in vers . . ) shall bee gods house , and of all that thou shalt give me , i will surely give the tenth unto thee . it is clear to me from this scripture , that jacob acknowledgeth a tenth part of his substance to be of spiritual right due unto the lords house , and he enters into a vow to perform his duty herein . and if it was a spiritual right belonging to gods house , it must needs of divine right belong to gods servants that waite upon the service of his house ; these servants not being servants to such a priest-hood as was subject to change ( for aarons priest-hood was not then erected ) but servants to an unchangeable priest-hood , even after the order of melchisedeck which endeth not , for christ continues a priest for ever after the same order , all along in these scriptures held forth , viz. the order of melchisedeck . see for this heb. . . & . who is made not after the law of a carnal commandement , but after the power of an endless life , for he testifieth , thou art a priest for ever after the order of melchisedeck . so then wee see it pleased the most wise god , whose is the earth , and the fulness thereof , to appoint such a proportion as the tenth part , both before the law , and under the law , and never after expresly to take it off . who art thou , oh man , that dare say it is an unmeet proportion , unless thou wilt acknowledge thy self to be wiser than god ? but since the legal proportion is displeasing to some , i desire those that are displeased therewith , strictly to observe the charge of the apostle paul , who was an apostle to the gentiles , and i doubt not but all truly godly ministers of the gospel will be well satisfied ; the charge is this , let him that is taught in the word , communicate to him that teacheth , in all good things , gal. . . now tythes are good things , they are the fruits 〈◊〉 ●ne earth , which fruits are called precious fruits , jam. . . and in tru●h the apostle gives not this charge without good cause , for the ministers are commanded to give themselves to study to approve themselves unto god , workmen that need not to bee ashamed , rightly dividing the word of truth , tim. . . and their care ought to bee laid out for the churches of god , cor. . . so as that it must needs follow they cannot lay out such care for their temporal provision as others , whose call is not so immediately to the lords work as theirs is . and it seems to me the good lord of the house , who careth for his , pet. . . took special care that they that minister in the word and doctrin should bee comfortably provided for without this care , though i confess it was to timothy that paul writ , when he affirmed , that if any provide not for his own , especially for them of his own house , he hath denied the faith , and is worse than an infidel , tim. . . & . that text formerly mentioned , deut. . . & deut. . . is again quoted by the apostle , as if he would again , and again , couple law and gospel together , to speak one and the same thing in point of comfortable provision , for the ministers of the gospel , and argues it from good reason , viz. the labourer is worthy of his hire , and proves this argument from our saviours own words , mat. . . and but once more , with which i will conclude this section , i find our saviour promising ample reward to any that shall put forth a charitable hand towards any of his ministers in a case of being fallen into poverty , matth. . . whosoever shall give to drink a cup of cold water to one of these little ones in the name of a disciple , shall not lose his reward ; and at vers. . more pregnant to our present purpose , he that receiveth a prophet in the name of a prophet , shall receive a prophets reward . i may say on the contrary , hee that shall take from a prophet the right of a prophet , as he is a prophet , or he that shall refuse to give entertainment to a prophet into his house , or into his heart , as a prophet , may expect a prophets curse , and what that is you may see , if you please to turn to zech. . . but you may perhaps say , if this provision bee made for the m●nisters , how should they fall into poverty ? and yet let me tell you such a thing once was , and gods great care put forth concerning it , king. . . &c. the prophet was dead , and had left wife and children in debt , but ( which is worth our observing ) rather than the prophets debts shall be unpaid , the lord will work a miracle , viz. empty vessels shall be filled with oyl , and the oyl shall be sold , and the prophets debts paid . thus we see gods provision made for his servants the ministers cleared from the word of god , both out of the old testament and the new ; the old sets out the proportion , viz. the tenth part ; the new is silent as to the proportion , but full for a comfortable furnishing of them with all good things ; his care is held forth for them , to the working of a miracle , his promise made to any that shall receive them , and minister to them , though but in a cup of cold water ; and if any yet out of a sinister end shall plead , that it is not by all this clear that they ought to receive tythes . i have only one word more to say , and so conclude . secondly , it is not only clear by scripture , but the law and customs of nations hath made choyse of this proportion , and of our nation amongst the rest it hath been , and still is established by the laws of the land , and methinks upon very good ground , in regard a way more agreeable to gods word could not be found . besides , which way could a more equall way be imagined , for doth not the minister as well as the people in this thing , depend upon gods blessing , or cursing the earth ; whether his allowance shall bee more , or less ; plentiful , or scarce ; so as both minister and people shall be in one capacity , either to bless god for plenty , or to wrastle with god in times of famine and scarsity , for the removal of the judgement . now seeing it is thus agreeable to the law of god , and nations , and so full of equity , who art thou o man that dare so desperately set thy self against both the law of god and man , sure i am in my own experience , since i knew the right hand from the left , i never observed any that made a scruple of pretended conscience of paying tythes , but they fell by little and little , not only to the denial of all maintenance to the ministers , but even to the despising of them ; though they cannot but know , that he that despiseth them , despiseth their lord and master the lord christ . i profess , i cannot conceive any reason why you should with such vehemency set your selves against the maintenance of the ministry , unless it bee either ; first , to bring them into reproach and ignominy , and so make them contemptible that god commands us to account worthy of double honour , and so on set purpose contradict god tim. . or secondly , which indeed i rather judge to be the ground of it , viz. the cunning policy of sathan , that knows well enough that this doctrin will bee readily received of all that ( out of meer covetousness ) are loath to part with that which god requires , and it may be your deluded fancy to make use of this doctrin , to increase the number of your proselites , for there is not a covetous worldling but he will be ready to joyn with you in this doctrin , seeing so fair a pretence made for it , viz. a case of conscience , though he shall one day know , that this very conscience shall rise up in judgement and condemn him as a meer covetous wretch ; i remember towards the close of your great argument against tythes , you draw towards what you chiefly aim at , and by your own rate of argument go about to argue the dispensors of gods word and ordinances to bee neither ministers of law , nor gospel , and usurp to your selves that power that was proper , and peculiar to the apostles of christ , and indeed is now to the ministers of the gospel , tim. . . viz. that great power of excommunication , for say you from the law and gospel do we shut them , which is indeed the highest degree of excommunication ; but you have utterly disenabled your selves from having any thing to do in this matter , by breaking your selves off , and renting your selves from the mystical body of christ , which is his church , in whose hand this power lyes , tim. . . with cor. . , . and whereas you adde , that the ministers had excluded themselves , if you mean those of them that gave you the meeting ; i utterly deny it , for they have not rent themselves from the church , neither hath the church cast them off , you afterwards enjoyn them confession and repentance , and indeed i do , and they will acknowledge it a necessary duty ; for the best of gods people have sin enough to make confession of , and to bee humbled for , except those like your selves , who say they are whole , and need not the phisitian ; but let me tell you , if i hear a man crying out , keep at a distance , come not near , for i am holier than thou , isa. . . i would get as farre from that man in judgement and practise as i could , though i would be as near to him in affection , as i durst for fear of displeasing god . i cannot but before i leave this point answer you in one of your reproachful expressions , that you make use of in your paper , i call it reproachful , because you would from it cast reproach upon gods ministers , otherwise i acknowledge the words you bring in are the words of a prophecy , and are these , put into their mouthes , and they cry peace , peace , but put not into their mouthes , and they prepare warre , micha . . and this you say is fulfilled in many of the priests of england , who as you say , sues many at the law , and casts many into prison , because they put not into their mouthes . i confess , i know not one president of this nature , but if any be , i hope there is not a godly minister in england that would steer this course towards any that were not well able to pay their dues , and indeed for those that are well able to pay , but out of a refractory gain-saying , and contradicting minde will not pay ; i think the minister should sin if he did not sue such at law , and my reasons are those two f●●st , s●e should sin in tollerating an evil example , that all covetous wretches would be ready to follow . secondly , he would hereby frustrate that great end , for which the law was made and ordained . the law was not made for the good and gentle , and obedient , but for the stubborn , refractory disobedient , and lawless , that can and will not answer to their duty , so as to perform it . it is true , it is desired that christian brethren would dwell so together in love and unity , each one striving who should go before another in ready performance of every just and equal thing , that there needed no going to law , according to that we read , cor. . . &c. most of which chapter is laid out on this very thing . but whilst we live in this world , there will bee tares among the wheat , there will be such men as christians could not live amongst were it not for the law ; for all you so much disclaim the necessity of it , and not only so , but the very use of it . but further , i have thus much to say in vindication of godly ministers , they both preach against , and often times deny themselves in point of their own right , to avoyd this unchristian work of going to law , and utterly set themselves against any that shall go about to fleece the flock of christ , and neglect the performance of their duty ; and in their sermons upon occasion , preach against careless shepheards , blinde watch-men , and dumb doggs , as you can ; yet for all this , if there be any that are not faithful in discharge of their office , as moses was faithful in all his house , numb. . . shall we for such a ones sake condemn all the lords embassadors ? god forbid , we might as well condemn all the twelve disciples , and apostles of christ , because one of them was a devil , which none that fears god , dare assert . and now if any be not yet satisfied in this point , i refer him to the labours of a learned divine in his time , viz. bishop hall , who in a little treatise of his , called , practical cases of conscience , doth at large resolve the great controversie about tythes . and shall proceed to the other great query mentioned in your paper , and so take leave with you , and all of your opinions till you return again , to the owning of the truth of god , laid down in the scriptures , and submit to order , and break your selves off from disorder and confusion , which tends to every evil work , jam. . . and now to your second great question concerning perfection , i must first lay down your own words , and then answer them , for i desire to be faithful , and not to wrong you in a syllable ; your words are these ; and thou priest , fogge of liverpool , who said they that hold forth the way of perfection , holdeth not the way of god ; but from under this thou canst not get , but under the condemnation must come , and your reason is annexed , viz. for the way of god is perfect , which way is jesus christ , for saith he , i am the way , the truth , and the life , no man cometh to the father but by me ; but before i come to the answer of this , from under the just censure of false accusation you cannot get ( i use your own language ) for mr. fogge was farre from denying the way of god to be perfect , or from denying christ to be the way , the truth , and the life . but his argument was , that neither you , nor any man , nor woman upon earth , had attained to perfection , so as to be absolutely perfect in this life . and for all he brought in many pertinent scriptures to make good what he said , yet you stick not so far to abuse him , that you bury them all in silence , not mentioning one of them . i cannot conceive why you should do so , unless it be your aim to hold him forth to the world , to be so sottish , that he could not make good his argument against yours ; but blessed be god , there were many ear witnesses that day , but had there been none but your selves , and that you should make your boast thereof , yet i am confident no man indowed with reason , would give credit to you in such a thing ; his abilities being better known than your own , i shall pass by that disorder , that you truly acknowledge was that day , which was the occasion that many received not satisfaction : for in truth , i know not how such a thing ( as order ) could be expected from a people , that have cast off both order and decensie , cor. . . i shall now proceed to the direct answer of your question , viz. whether perfection be attainable in this life , yea , or no ? you say it is : i say it is not ; except we take along with us these following limitations , or ( as i may call them ) these steps to , or degrees of perfection . i shall for your and my own better understanding , acknowledge four degrees of pefection , and acknowledge three of them attainable in this life , and the fourth unattainable ; all which , i shall by the assistance of god , make clear by scripture , and that very briefly . first , there is an imputative perfection , that is , when the perfection of christ is imputed to a man ; and this was doubtless jobs case , hee was a perfect man in gods account , job . . because god had in the eternal decree of his unchangeable love , imputed the perfection of christ to him , he laying hold thereon by faith , as it is written , abraham beleeved god , and it was imputed to him for righteousness , gen. . . and rom. . . which is all one with perfection ; for that man that is perfectly righteous , is a perfect man , but there is none in himself ; and from himself righteous , no not one , rom. . . there is none that doth good , no not one , vers. . and therefore whoever thou art that boastest of standing upon the feet of thy own perfection , i say unto thee ( in the name of the lord ) if thou standest at all , thou standest by faith , be not high minded , but fear , rom. . . secondly , there is perfection in part , this is it the apostle paul owneth , cor. . for we know in part , and prophesie in part , but when that which is perfect is come , then that which is imperfect shall be done away . and if any ask when this shall bee ? the same apostle makes answer cor. . . when this corruptible hath put on incorruption , and this mortal , hath put on immortality , then shall be brought to pass the saying that was written , death is swallowed up in victory , hos. . . for this corruptible must put on incorruption , and this mortal must put on immortality . and the same apostle speaking of our bodies , saith , it is sown in dishonour , it is raised in glory ; it is sown in weakness , it ●s raised in power ; it is sown a natural , but is raised a spiritual body . now tell me where is the spiritual body , till it be raised from the dead ? but i beleeve , and am fully perswaded that though my body be sown in death a vile body , it shall in the resurrection be made like unto christs glorious body , philip . . . thirdly , there is a comparative perfection ; a man may be said to be a perfect man , in comparison of others that have not received the earnest of their inheritance , and of such we read , prov. . . the righteous man is more excellent than his neighbour , ephes. . . and indeed it is true , every godly man is more righteous , more excellent , and more perfect than his neighbour ; for none but the truly godly walketh before god , in uprightness of heart . and that man that hath an upright and sincere heart , is in gods account a perfect man . so noah and abraham are said to be perfect men , gen. . . and . . fourthly , and lastly , there is an absolute perfection , as i said before , when we the members shal be made like christ our head , col. . . when we shall be glorified together with him , rom. . . when these vile bodies shal be made like unto his glorious body . when all the remainders of corrupt nature shall be consumed in gods furnace ( i mean the grave ) but whilst we continue in the body , wee are said to be absent from the lord , cor. . . this absolute perfection then is not attainable here in this life , which is the thing i am now to prove , and by gods assistance shall do it , first , by scripture . secondly , by undeniable argument , and so draw to a conclusion . and first for the first , i might fill up much room with places that would speak fully to this point ; but as our saviour saith , in the mouth of two or three witnesses , every word shall be established . i shall bring in two or three which i hope may suffice . and first , job that was a perfect man in the sense i before mentioned , viz. in gods account , yet in your sense he utterly disclaims it , job . . if i justifie my self , my own mouth shall condemn me . and after job had been as it were expostulating with god , and pleading his own inno●●ncy and integrity , and as it were , gods hard dealing with him , and had in the bitterness of the anguish of his soul cursed the day of his birth , &c. i say , after all this , when job comes to himself , he cryes out against himself , i abhor my self , and repent in dust and ashes , job . . if job had been perfect , what needed he to have repented ; but further , we find the apostle paul disclaiming perfection in himself , phil. . , . not as though i had already attained , or were already perfect , but i follow after , &c. and at vers. . brethren , i count not my self to have apprehended , but this one thing i do , forgetting those things that are behind , and reach forth towards those things that are before , &c. and at vers. . let as many as be perfect be thus minded ; as if the apostle had said , the highest degree of perfection that i have attained to , is to be sensible of my own imperfection . secondly , hee not only disclaims perfection in himself , but fully asserts that both jew and gentile are all under sin , and there is none righteous , no not one , there is none that doth good , no not one , &c. rom. . , . see further for this , isa. . . but we are all as an unclean thing , and all our righteousnesses are as filthy rags , and we all do fade as a leaf , and our iniquities like the wind , hath taken us away . and what more plain against your doctrine of perfection , then these scriptures ? but secondly , i shall prove it by argument . if we could attain to be absolutely perfect men , and free from sin , we should be freed from death ; if adam had not sinned , hee had not dyed , in the day that thou eatest thereof , thou shalt surely dye , gen. . . and the wages of sin is death , rom . . from whence i argue , no work , no wages ; no sin , no death ; but it is appointed unto all men once to dye , and after death to come to judgement : and why so ? because all have sinned , rom . . as by one man sin entred into the world , and death by sin , and so death passed upon all men , for that all have sinned . sure then our perfection as well as our portion , is in reversion . so at vers. . if we have been planted together with him in the likeness of his death , we shall bee also in the likeness of his resurrection . observe , as we are in the one , we shall be in the other . if we were perfectly free from sin , we should be free from temporal punishments and afflictions , which are the fruits and effects of sin , otherwise god were unjust . but the best of gods people are daily liable to temporal afflictions , therefore short of perfection . if we were perfect , we could not sin at all , but in many things wee offend all , james . . and if we say that we have no sin , we deceive our selves , and there is no truth in us , joh. . . if we were perfect here , we should have the end of our hope here ; but if in this life onely , christians had hope , they were of all men most miserable , cor. . and lastly , if we could attain to absolute perfection here , we should enjoy our glorious and eternal rest here ; but the apostle was of another judgement ; for , saith he , doubtless there remains a rest to the people of god , heb . . job likewise agrees with the apostle , job . . and that holy man of god ( john the divine ) heard other news , and that from heaven too , rev. . . i heard a voyce from heaven saying unto me , write , from henceforth , blessed are the dead that dye in the lord , even so , saith the spirit , for they rest from their labours , and their works follow them . so then our rest is in heaven , doubtless our perfection is not here . but i remember you pleaded hard for perfection , that time the ministers gave you the meeting at the greave-house from these two scriptures , viz. how shall i that am dead to sin live any longer therein ? and again , as the tree falls so it lyeth ; from whence you truly inferred , that as death leaves a man , judgement is sure to finde him ; both which are the truths of god being rightly understood . as to the first of these , viz. how shall i that am dead to sin live any longer therein ? it is true , i cannot , so as to make it my trade and living , nor yet so as to live in the least known sin , with allowance of my self therein , nor yet ( as the scripture phrase is ) to tumble and wallow therein ; as the sow that is washed doth in the mire . but hence to assert , that he that is dead to sin is freed from sin , will not follow , for god knows many are the secret sins of the best of gods people , and therefore david , a man after gods own heart crys out unto the lord , lord cleanse me from my secret sin ; and not only so , but hee prays earnestly that god would keep him , that presumptuous sins might not prevail over him , psal. . . sure i am , david was sensible of his own imperfection . but secondly . as the tree falls , so it lyes ; or , as death leaves us , judgement is sure to finde us . for that man or woman that doth not here in this life by faith make good his proprietie and interest in the lord jesus christ , shall never have benefit by him in the life to come ; for saith he , he that beleeveth on me , hath eternal life , but he that beleeveth not is condemned already , joh. . , . i freely acknowledge living and dying in unbeleef , renders a man truly miserable ; for as there is no praising of god in the grave , so there is no actings of faith there , but as the tree falls so it lyes ; but it follows not hence that we are perfect here , unless it be by faith in the son of god , and in that sence i shall be of your judgement , for all gods people as well as job , do know that their redeemer liveth , and that they shall see him at the last day , not with other , but their own eyes ; and indeed christ is perfection it self . i have only three things more to admonish you of , else i shall fall too short of a full answer to your paper ; first , one is concerning that law , that you say is written in mens hearts , by which only they are to be guided . secondly , concerning that light you say is within a man , to which only he is to look ; and thirdly , concerning your rayling , reviling , and unchristian language that you ordinarily put forth , in both your speakings and writings ; i am resolved to clear my self in the sight of god , of all malice and envie in what i shall say to these , and what i do speak , to speak in faithfulness . and first , the law written in mens hearts , it must needs be , either first the law of god ; or secondly , the law of nature ; or , thirdly , no law at all , but a delusion of sathan ; i shall be farre from judging any of you , and as free in desiring you to judge your selves , that you be not judged of the lord . mistake me not , i know all men and women shall come to judgement ; but my meaning is , if we judge our selves , we shall not be so judged , as to be condemned of the lord . but to the matter in hand , if the law you speak of be the law of god , it cannot be repugnant to the law of god , lest as a standing rule for men to walk by , to the end of the world . i need not prove what i mean here , viz. gods immutable and unchangeable word , the scriptures , which have been so clearly proved to bee one with god , that i need not say any more than what i have already said ; but this i affirm , that whatever pretended colour you put upon it , if it be not law and testimony proof , i shall give no credit to it , for to the law , and to the testimonies , if they speak not according to this word , it is because they have no light in them , isa . . secondly , if it were the law of nature , for all there might bee differences in judgement , there would not be in natural affection , and therefore disciphering out some , that sathan had gotten into his power , so as to bee led captive by him at his will , he sets this mark or brand upon them , that all men might know them , viz. without natural affection . again , if it were the law of nature , it would lead us to acts and expressions of human civility , for the best of gods saints were always ready to give civil language , and modest expressions to the worst of gods enemies , even to their persecutors ; nay , our blessed saviour speaking to judas , saith , friend , betrayest thou me with a kiss ? matth. . , . but you dare not afford civil deportment , and language to godly and holy men , no not to the ministers and embassadours of the lord jesus christ , for fear of offending against this law , you say men ought to be guided by ; but the good lord guide me by his law written in the scriptures , and if it be his will give you both will , and skill to judge aright of that law written within , and if it bee not according to gods law , to look upon it as the delusion of the strong man armed , that will be sure to keep the house , till a stronger than he come in his power and throw him out , mark . . i come now to the second admonition , concerning that light you say is within a man , to which he only is to look , i conceive it must either be , first , the light of nature ; or , secondly , the light that cometh by the illuminating spirit of god , or else no light at all , but darkness put for light , isa. . . but for the first of these , viz. the light of nature , you utterly disclaim it , for you are no more natural , but spiritual , and that not only in part , but in perfection . i say as i said before , i judge you not , you stand and fall to your own master . but that you and i may the better judge our selves , and of this light within us , i conceive it will be our wisdom to try of what kind it is , by observing whither it leads us ; and first , if it lead us with joy and delight to the assemblies of the saints , to the place where god hath promised his more special presence , to the church of god , the ground and pillar of truth , tim. . . i should then look upon it , as sometimes david did , even as a lanthorn to my feet , and a light unto my paths , psal. . . but if any mans soul draw back , gods soul will have no pleasure in that man ; and , if any man put his hand unto the plow , and look back , he is not apt to the kingdom of god ; but it may be you will object the thing i aime it , viz. the joyning of your selves to our churches you dare not do , because there is corruption in them . i answer , it is truly desired of all gods people , that there were none . but we know there will bee tares among the wheat ; though the servants of the lord of the harvest would gladly have them plucked up , and weeded out , yet it is the lord of the harvest his decree , that they shall grow together till the harvest , not that hee hath an eye upon the tares , but lest whilst his servants going about to pluck up the tares , should pluck up the wheat also , mat. . , , . secondly , if this light lead us to the imbracing of gods whole , intire , and individual word , in the love of it , if it lead us to close with christ in sweet communion in those his ordinances , that are by him appointed , not only for the begetting , but also increasing and strengthening of faith , and all other graces of his spirit , i mean the sacraments of the new testament , so as we can receive soul-refreshment , and grace-strengthening thereby ; i say , if this light lead us this way , i should be assured it were the spirit of god , otherwise i cannot but look upon it , as a delusion of sathan , to which god had in justice given me up , because i would not embrace him in the tenders of his love in the gospel , and because i would not receive his word in the love of it , he had given me up to beleeve a lye , and to hearken to the father of lyes , who though he transform himself into an angel of light , yet goes about by all deceiveableness of unrighteousness to delude poor souls , to their utter destruction and perishing . i therefore desire that you and i might b● careful to try the spirits , whether they be of god or no , for many false spirits , as well as false prophets , are gone out into the world , joh. . . i have but one word more , and i have done , methinks it should not bee the work of the spirit of god to revile gods ministers ▪ and ●oyse s●●vants , for indeed i finde it ranked amongst the works of the flesh , gal●th . . . and else-where the spirit of god ranks revilers amongst such as shall not inherite the kingdom , cor. . , . and indeed your inhuman raylings , false and slanderous accusations , unchristian judgings , and censures that you ordinarily pass upon all that are not of your opinions , what do they but render you to be a people that take to your selves that boldness that an angel of god durst not do , when hee was to deal in dispute with the devil of hell ? for saith the text , he durst not bring against him a rayling accusation , but said , the lord rebuke thee , jude . i pray observe what a strange expression the holy ghost makes use of here ; an angel of god , an arch-angel , the best of created creatures , disputing with the devil , worse than the worst of men , yet durst not , i say , durst not bring against him a rayling accusation ; but it is too apparent , that men below the angels of heaven dare bring rayling accusations against those that are farre enough above devils , for god made man a little lower than the angels , psal. . , . if i had not just occasion to blame you for your rayling accusations against them , that cannot be denied to be your fellow-creatures , if no more could be said for them . but your bolt is shot against gods choycest servants , and which i desire may be seriously considered , sathan is called , the accuser of the brethren , revel. . . these things considered , i desire you and i may in good earnest examine our selves , and if we finde our selves guilty , judge our selves , and a farre as you are found in fault , i heartily with ( if it be the good pleasure of god ) you may bee truly sensible of it , and return , and joyn your selves to the communion of the saints in the publick ordinances of god , that we may have as sweet fellowship and communion with the father and the son , and with one another , as ever we had before your going out from us , by which you have declared your selves not to be of us , for had you been of us , doubtless you would have continued with us , joh. . . and , with which i will conclude , if either you , or any man , or men , teach otherwise , and consent not to wholsome words , even the words of our lord jesus christ , and the doctrin which is according to godliness , ( let him pretend as much humility as he can ) he is proud , knowing nothing , but doting about questions , and strifes of words , whereof cometh envie , strife , raylings , evil surmisings , tim. . ● , . i desire this , and all other scriptures that are written , may be as effectuall to you , as sometimes the read●ng of the thirteenth chapter to the romans was to saint augustin , and it shall rejoyce my heart . i charge you , that this epistle be seriously read of all that you account to be the holy brethren . finis . notes, typically marginal, from the original text notes for div a e- * thi . sense you seem ●o ●avo●r in your paper . something relating to the bill for small tithes: humbly presented to the consideration of the parliament, in behalf of the people called quakers,. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) something relating to the bill for small tithes: humbly presented to the consideration of the parliament, in behalf of the people called quakers,. england and wales. parliament. sheet ([ ] p.). s.n., [london? : ] imprint suggested by wing. reproduction of original in the friends' library (london, england). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tithes -- england. quakers -- england. broadsides -- england -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion something relating to the bill for small tithes : humbly presented to the consideration of the parliament , in behalf of the people called quakers , vvhereas by two acts passed in the th and th of william the ●● provision is therein made , for the more easie recovery of tithes , c●●●ch-rates , &c. for the value of ten pounds and under : whereby we humbly conceive , our ease , as well as the prosecutors , was intended ; and not an addition to the extremity of our former sufferings . i. nevertheless , some persons have proceeded , by process out of the exchequer to sequestration , on the defendants estates , both real and personal . ii. and also by process out of the common pleas , to treble damages . iii. and in the ecclesiastical courts to excomunication and imprisonment . whereof a few of the many instances that might be given , do here follow . norfolk , richard allen of stifky , sued in the exchequer , to a sequestration by william harmar , had his goods seized , valued at more than fourscore pounds , for l. s. tithes decreed by the court. there is also a sequestration gone down against richard case , at the suit of henry meriton of norfolk , for s. tithes ; and hath already brought in a bill of costs , of suit , of l. s. d. and a d bill is expected , when the sequestration is executed , and all this for s. tithes . norfolk , henry wake had his goods taken to the value of l. s. d. for two years tithes , by thomas thurlin of gaywood , who left one year's tithe of l. s. unseized ; and for that hath sued the said wake to a sequestration ; and hath already deliver'd in a bill of l. s. costs of suit ; and a subsequent bill is expected ; and all this for twenty four shillings decreed for tithes . cumberland , john taylor , of holm-cultrum , sued in the exchequer to a sequestration , had his corn and cattle seized , to the value of l. s. for twenty five shillings eight pence , for tithe demanded . thomas drape of the same , prosecuted to a sequestration , had his goods seized to the value of l. for l. s. d. for tithes demanded . hampshire , alexander moore of fordingbridge , sued in the exchequer to a sequestration , by john hall clerk , the prosecutor brought in two bills of costs of suit , amounting to l. s. d. and hath actually seized and sold to the value of l. s. d. for l. s d. demanded . worcester , william zankey of arely , was sued for l. and treble damages being recovered against him , had his goods seiz'd to the value of l. daniel tipper of the same , was sued for l. and treble damages being recovered against him , had his goods seized to the value of l. viz. all his cows , all his horses , all his sheep but one. the said zankey and tipper , both at the same time , prosecuted for small tithes in the spiritual courts ; thereby to have their bodies in prison , as well as to take their goods ; and were actually imprisoned thereupon , by the writ , de excommunicato capiendo . kent , john love of canterbury , for fifty odd shillings sued by humphry brailsford of canterbury , and by process from the exchequer imprisoned , being a poor man , and a last-maker , and hath a sickly wife , and four small children , whose maintenance depends upon his labour . surry . nat. owen of coulsdon , had his corn taken away in kind , for the years , , and , by timothy turner , rector of the said place . but for the years . and . the said rector stop'd l. s. for the poor's rate ; yet is suing him in the exchequer , in order to a sequestration . essex . john bayly of keldon , bricklayer , prosecuted before the justices , on account of small tithes : yet the prosecutor declined the determination of the justices , by the late acts , for the more easie recovery of tithes , and hath since proceeded in the exchequer , in order to a sequestration of his estate . it 's therefore humbly proposed to your consideration , whether it is not needful , for prevention of such ruinous proceedings , for the future , to put a stop to the like severities , by restraining the prosecutors to such methods as are agreeable to the title and intention of the said acts. the like restriction being provided in the , of car. ii. chap. . sect. . in relation to the city of london . tithes examined and proued to bee due to the clergie by a diuine right vvhereby the contentious and prophane atheists, as also the dissembling hypocrites of this age, may learne to honour the ministers and not to defraude them, and to rob the church. the contents heereof is set downe in the page next following. written by george carleton batchelour in diuinitie. carleton, george, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) tithes examined and proued to bee due to the clergie by a diuine right vvhereby the contentious and prophane atheists, as also the dissembling hypocrites of this age, may learne to honour the ministers and not to defraude them, and to rob the church. the contents heereof is set downe in the page next following. written by george carleton batchelour in diuinitie. carleton, george, - . [ ], leaves by t. este, for clement knight dwelling in paules church-yard at the signe of the holy lambe, printed at london : . the first leaf is blank except for signature-mark "a"; the last leaf is blank. reproduction of the original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tithes -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion tithes examined and proued to bee due to the clergie by a diuine right . vvhereby the contentious and prophane atheists as also the dissembling hypocrites of this age , may learne to honour the ministers and not to defraude them , and to rob the church . the contents heereof is set downe in the page next following . written by george carleton batchelour in diuinitie . printed at london by t. este , for clement knight dwelling in paules church-yard at the signe of the holy lambe , . the contents of this booke . chap. fol . the state of the question is set downe , and the truth confirmed . how tithes stood before the law. b . how tithes stood vnder the law. where it is prooued that then this constitution of tithes was neither ceremoniall nor iudiciall , but morall . how tithes stood in the time of the new testament . how tithes stood in the ages of the church after the apostles , wherein the point in question is confirmed by the testimonie of fathers without contradiction , vntill antichrist by vsurped authoritie disordered the church . the obiections answered , and the point in question confirmed . to the most reuerend father in god , my very good lord , the lord archbishop of canterbury his grace , primate and metropolitane of all england , and one of his maiesties most honourable priuie counsell . svch hath beene the preiudice of the times ( most reuered father in god ) not in this age onely , but in many ages of the world heeretofore : that many truthes haue lien either neglected , as couered in the dust , or oppressed by the countenance and multitude of such as commonly are ready to condemne the thing , which they will not vouchsafe to vnderstand . the feare of which censures hath moued me to suppresse for a long time , that which i had written of this question . in which purpose i should still haue continued , if the reasons of other had not more preuailed with me then mine owne opinion . being therefore perswaded of your graces fauourable acceptance , i haue presumed to offer this as a pledge of my dutie , which as it was intended for the seruice of the church , so to whom may it more worthily bee offered then to him , who as in place , so in care and resolution sitteth to aduance the good estate of the church . in offering heereof my case is strange and singular , for i must do it with protestation , that i am far off from thinking that the thing for which i plead will or can be effected , onely the opinion which many haue conceiued of your graces wisedome and courage , for the aduancement of the churches oppressed estate , doth incourage mee also to thinke that by your graces care the oppressions of the church may be mollified , if not remooued : that the malice of iniurious customes and prescriptions against the church may be abated : that the vse of impropriating may now at least be staied from proceeding to any further greauance of the church . in which seruice of the church , as you shall heereafter leaue a memorable name to your selfe : so in the meane time you shall stir vp the prayers of many for your preseruation and continuance for the good of the church of god , who with his plentifull graces blesse and direct your wayes to his glory and the comfort of his church , through iesus christ. your graces in duetie and in the seruice of the church to be commaunded . george carleton . to the reader . seing wee are fallen into these last times , times dangerous and filled with much euill , wherein the furtherances of pietie doe dayly decrease , and the church her selfe euen with that small portion which shee hath left , is become an vsuall praie , either to the prophane atheist , that will violently rob her , or to the cunning hippocrite that vnder pretence of long prayers will deuoure gods house : i thought it fit to recommend this learned treatise to the indifferent reader , that men of place in the common wealth , indued with knowledge to support the truth , may make a conscience to assist the clergie for obtaining their owne right , least vnder coulour of some vaine title or pretense of custome , the lord himselfe complaine both against them and vs , that his house is a house of prayer , and we haue made it a den of theeues . our land , i confesse , is faire and blessed like the kingdome of canaan , but many of the people are like the anakims , that eate vp the clergie thereof : and though iosias were a good king , yet the times were euill , and a punishment of the former sinnes reserued in gods iustice to the dayes that followed . and howsoeuer wee cannot with iosua finde kings in this caue , yet i feare mee , wee may fetch out more then fiue times fiue of our great families made richer by the spoiles of the church , who haue either come in dissemblingly like icroboams wife , or boldly like pharo to the israelites , saying of the clergie , this people is stronger then we are , come let vs work wisely with them , least they multiply , and without a witnesse , the leprosie of gehezie sticketh so fast vnto their families , as many of our most auncient houses , i am perswaded , haue beene ruinated by this meanes , for the church liuing dealeth as the arck with dagon , casteth that downe which they had of their owne . if some of them delt but as dauid with saul , cut off the lap of our garment it were well ( yet i would wish them to haue remorse for it ) but to vse the clergie as the king of the children of ammon did the messengers of dauid ( who shaued of halfe of their beards , & cut off their garments in the middle ) it is a contempt which the lord wil not suffer to escape vnpunished . now i doubt not but the diligent perusing of this treatise shall so perswade the consciences of all that are not alreadie forestalled by some great sinnes , that tithes are the lords portion , holy to himselfe , that this portion he hath giuen to his ministers that serue at the altar , and so consequently that they may not safely detaine that from the clergy which belongs vnto them , but rather make restitution with al humilitie , and desire the lord with penitent harts to receiue at our hands the tenth part , which in a peculiar manner holily is his owne portion ( for by another right , the cattell are his , that are on a thousand hils ) that so in mercy hee may blesse vnto vs , the nine parts that remaine of all our substance , this fruit if it shall bring vnto thee that readest , and rest and peace to the poore clergy , that are torne with contentions for their owne right , wee shall haue iust cause to reioyce for thy good , and be ready to recommend our further paines to tho blessing of thy prayers , and the benefit of this church . lambeth . ianu. . . william covell . chap. i. the state of the question is set downe , and the truth confirmed . concerning tithes ( so farre as i could learne ) there haue beene three opinions : first , that tithes are meere almes , and that the ministers of the word haue right to nothing , but should liue in high pouertie . this opinion seemeth first to be brought by those who were called waldenses , vpon the abuse of tithes , which they saw vnder the church of rome . it is recorded an opinion of theirs , by a writer whose name is not expressed , in the last aedition of catalogus testium veritatis , tom . . lib. . this opinion iohn wiclif and his schollers receiued from them , as he receiued matters of greater importance . it is recorded the opinion of iohn wiclif by one thomas waldensis . and among those articles of iohn wiclif condemned by the counsell of constaunce , this is one , art. . wiclifes schollers held the same : iohn hus a bohemian , william thorp an englishman , as appeareth by their examinations , recorded by maister fox . the same opinion hath beene since taught by anabaptists , and trinitaries , as may be seene in a booke , de antithesibus veri & falsi christi . anno dom. . albae iuliae . the second opinion is , that tithes are not due by gods law , that is , a determinate quantitie is not prescribed in the word , but onely as these men say , a reasonable or competent maintenance is inioyned . this is the opinion of them of the church of rome , as bellarmin declareth , the same is much receiued among our latter writers of the reformed churches , which onely shew of a generall approbation in this opinion , hath forced me many times , i confesse , to lay aside my pen , thinking it much more safe to erre with this approbation , then to striue for the truth against such a streame of gainesayers . for i will not thincke that of our men who haue laboured in reformed churches , which others might say , that they haue denied tithes to be due to the church , vpon a detestation of popery , wherein tithes were so much abused : but this i thinke , that they intending greater points of doctrine , suffered this to lye lesse regarded , and in a manner forgotten , as a thing not altogether so necessary , as those other points wherein they made especiall choise to labour . then the reuerend regard of their names , their persons , their labours being remooued from this question , we take this opinion vnsound , and of lesse probabilitie then the former . the third is , that tithes are due to the ministers of the church , by the expresse word of god. this is the iudgement of the auncient fathers , from the beginning without crose or contradiction , vntill the supreame authoritie of the bishop of rome tooke them away by the meanes of impropriations . this is the conclusion which we purpose heere , god willing , to confirme : first we will refute the two former opinions : then open the story of tithes , and confirme the point in question : last wee will aunswere obiections . the first opinion that tithes are almes , implyeth also those seuerall braunches which bellarmine for inlarging controuersies , maketh seuerall questions , or questionable errors . that they are not to be payed to euill ministers , and that all ministers must resolue to liue in high pouerty , as it was tearmed . this opinion is thus ouerthrowen by the words of the apostle : who goeth to warfare at any time at his owne cost ? who planteth a vineyard and eateth not of the fruit therof ? or who feedeth a flock and eateth not of the milke of the flocke ? the reason stands thus , if he that goeth to warfare may of duty chalenge his wages of the people for whom he fighteth , or he that planteth a vineyard may of duety challenge to eate thereof , or hee who feedeth a flock may of duty challenge to eate of the milke of the flock : then the minister fighting for the people against their spirituall aduersaries , planting a vineyard among them , feeding a flock in feeding them , may challenge of duty his reliefe , not beg it as almes : but the first is true ; therefore the second . out of which reason of the apostle drawen from these examples , it appeareth farther , that by the law of nature the teachers are prouided for , because by the law of nature he who goeth to warfare must bee prouided for , by them who set him to that seruice : by the law of nature hee who planteth a vineyard eateth of the fruit : by the same law hee who feedeth a flock eateth of the milke . if it bee said , that almes are also to be giuen by the law of nature , for answere wee must obserue this distinction betwene almes , and that thing for which the apostle heere pleadeth . if almes be not giuen it is a breach of charitie : but if this bee denied , of which the apostle speaketh , it is a breach of iustice . for as it is iniustice to denie wages to him whom you appoint to fight for you , or to debarre a man from the fruit of that vineyard which he planteth , or to denie him the milke of a flock which he feedeth : so is it in like manner iniustice to denie the minister that maintenance for which the apostle pleadeth . now if it bee iniustice to denie the ministers maintenance , then he hath a right and part in the goods of those whom hee teacheth , for iustice giueth to euery man his owne , and not one mans right to another : whereby it is euident that the minister hath a part and right in their goods whom he teacheth : now to take this is not to take almes but to take his owne so then by this reason almes are assuredly ouerthrowen , because almes are not of duty and iustice to bee challenged , as these things are : therefore the ministers maintenance standeth not by almes but by iustice ; as the souldiers wages stand not by almes but by iustice ; as by iustice not by almes a man may eate the fruit of a vineyard which he planteth , or of the milke of his flock . the same is confirmed by those words , the labourer is worthy of his wages : no man saith , the begger is worthy of almes . now he that saith , the labourer is worthy of his wages , sayth that of iustice hee may challenge it , not beg it as almes ; for in as much as it is wages it is due by iustice , but no almes are due by iustice , for so should we take away all difference betweene iustice and charitie : therefore if almes , no wages : if wages , no almes . the second opinion faith , not tithes , but a competent maintenance is due by gods law , and this is vrged to be most agreeable to the apostles times , the words are onely altered , otherwise this is the same with the former that saith , that tithes are meer almes ; for this opinion bringeth in with it these consequences : first , that tithes , as tithes , are almes ; for he that denieth that they are to be payed of duty and iustice , proueth them almes : secondly , that ministers may not claime any thing out of gods word , and this also proueth almes . for he that saith to his parishoner , tithes i cannot claim , and therfore no certaine thing out of the word , yet somewhat in conscience you should contribute vnto me , what doth he else , but leaue it to the choise of him to giue what he list ? and what is this but almes ? if it be said , the people may agree to giue a certaine stipend , yet this is no otherwise then as they may agree to giue almes . if any obiect that the prince or maiestrate may appoynt a certaine competent maintenance , as this indeede is the common hold ; i would haue it noted that they who vrge this , forsake the question which they pretend to decide , for this opinion of a competent maintenance is holden as agreeable to the apostles times : but when they referre the matter to princes , this is no way agreeable to those times . for it will neuer be proued that either then , or at any other time , princes did take order for this competent maintenance . then this fancy of a competent maintenaunce , wee reiect for these reasons : first , it is not written or commaunded in any scripture , therefore we haue nothing to doe with it . let them who maintaine it , shew scripture for it , and we yeeld . secondly , it can not by any deduction be drawen from scripture , therefore it may not be receiued , for those reasons that are brought in to proue it , as that the lord hath ordeined that they who preach the gospell should liue of the gospell , and such like : these i say , doe onely proue the ordinarie maintenaunce of the ministery , for they speake of the lords ordinance . now the ordinary maintenance of the ministers , is a perpetuall ordinance , which either hath alwayes beene vsed , or ought alwayes to be vsed in the church . but certaine it is , that this competencie is not the ordinary maintenance . thirdly , this competency was neuer in vse from the beginning of the world to this day . now it is absurd to say that it is the ordinary maintenance of ministers , which neuer was in vse in any age . fourthly , it crosseth the vse of the apostles times , because this competency is at the ciuill maiestrates appointment , that vse was not , this must be gotten by compulsion , that was not , this is not almes in their opinion who maintaine it , that was . of the apostolike times , wee shall consider in due place : now we reason thus . that which neuer was in vse at any time in the church , ought not to be held the ordinary maintenance for ministers : but this competent maintenance was neuer in vse . for beefore the law , tithes were payed by the patriarks to the priests : vnder the law tithes were appoynted to the leuites and priests : in the apostles times there was nothing but almes , as will appeare when we speake of those tymes . after the apostles times , tithes were in vse againe , this competency neuer had place in the church . and euen there where tithes are taken away from the church , and put in lay mens hands : yet there is no competencie established to supply that which was taken away : the scripture commands it not , no prince hath at any time ordained it , it neuer was , and therefore as we may well thinke neuer will be . now to make the ministers ordinary maintenance ( for that is it we seeke heere ) to stand in such a thing as neuer was , and by likelihood neuer will be , seemeth much vnreasonable , and therfore because it standeth with much better reason to denie this opinion , then to hold all the absurdities depending vpon it , following the best reason we thinke it necessary to hold , that the ordinary maintenance of ministers ought not to stand in this vncertaine competency , which is onely a deuise in the braines of some men , and neuer came into practise in the church . againe the ministers maintenance must be and is generally acknowledged a morall constitution , but that this competency is no morall constitution it appeareth , because euery morall duty ought alwaies to be done , and sometimes hath-ben done by the godly ; but this competency ought not alwaies to stand , and will hardly be proued to haue ben done at any time , therefore surely not morall . now in tithes it is far otherwise for we will shew , they ought alwaies to bee obserued , and euen then when they were not payed , yet stood they alwaies the ordinary maintenance . moreouer to maintaine ministers is a seruice of god , but all the parts of the seruice of god are deliuered in the word , therefore this competency must either be shewed out of gods word , or taken for mans ordinance , and not gods. further in this competencie many , i take it , are deceiued , for euery man will take vpon him to define a competent maintenance : and that they call competent , which they thinke ( as men deuiding their almes ) may suffice a minister . but the scriptures speaking much of this maintenance , doe neuer tearme it a competency , or that which sparing men in their sauing humour may call sufficient ; but an honourable maintenance , and sometimes double honour . now there would be found a great difference between that which the scriptures cals an honorable maintenance , and that which men distributing their almes do commonly account sufficient . then this competency must either be ordained of god , or by man : if by god , it is tithes , for no other maintenance ordained by god can be shewed : if by man , then it is not gods ordinance ; now we seeke gods ordinance , what god hath ordeined for ministers , not what man appointeth . if any man say , it may be mans ordinance , and yet allowed by god , or that god ordaineth the generall , but man appointeth the particular manner : we must intreat him to shew vs where god alloweth man either to make such an ordinance , or to change the parliculer which god hath ordained , seeing the lord himselfe hath once ordained a maintenance , that must stand , vntill it can bee shewed that god hath giuen liberty to man to change it . heere it must bee well remembred , that to maintaine ministers is a part of the worship of god , for thus iacob did worship god. gen. . . and therefore if the maintenance be withdrawen , god is robbed saith malach. . . god is moccked sath paul gal. . . . for of gods ordinaunces some are ciuill and doe not immediately touch the worship of god : some are holy , which touch the worship of god immediately : when we speake of this ordinance , it may not be consounded with ciuill ordinances , for maiestrates are gods ordinance , but ciuil : in such ciuill ordinances , the particular manner thereof is left to man. but in gods holy ordinances , such i say as belong to the immediate worship of god , it is otherwise : for in such things mans inuentions haue no place , then they who say the generall ordinance is gods , but the particular manner thereof may be from man , do by consequence hold the ministers maintenance to be a ciuill ordinance , not holy , which opinion i suppose no man of knowledge and learning will defend . but if we once leaue this opinion , and confesse directly that the ministers maintenance is no ciuill ordinance , but holy , belonging to the morall immediate worship of god , then must it needes follow that man hath no authoritie therein , to inuent or deuise any particular manner , but must take it as it is appointed by god. then if it must be graunted , that one of these three is gods ordinance , almes , this competency , or tithes : it is certaine , first that almes in this point , and for this vse are not ordained by god : it is no lesse certaine that this competencie is not gods ordinance , because god no where appointeth it , the church neuer vsed it : where vpon it followeth that for the maintenance of the ministery , there is no other ordinance , then tithes . chap. ii. how tithes stood before the law. for the better satisfaction to the reader , and seruice to the truth , the labour would not seeme vnprofitable , if wee drew as it were the story of this question along from the beginning to this time , which thing cannot be done exactly , because this matter is not remembred exactly by the auncients , and wee must not so much stand vpon narration , as vpon disputation : but out of such remembrances as i could light on , i thought good to obserue how men of all ages haue thought of this point , that when it appeareth that the opinions which i reiect are altogether new , and without any testimonie or shew of antiquitie , men may be intreated more indifferently to think of the matter , at least i may seeme not vnworthie of pardon , if i erre in this point , when it shall be seene that i follow not onely the reasons which seeme best , but all antiquity , none contradicting till of late yeeres . for orders sake we wil first consider how this stood before the law , then how vnder the law , afterward how in the apostles times , and somewhat after . last of all , how in the time of the fathers . before the law was giuen , we finde tithes vsed by the godly , as a part of gods seruice . first , we will shew that by the law of nature , euery man was bound to giue something to god , of those temporall blessings which god giueth , then it shall appeare that this ( somewhat ) was turned into tithes . gen. . it is thus written . cain brought an oblation to the lord , of the fruit of the ground . abel also brought of the firstlings of his sheepe , and of the fat of them , and the lord had respect to abel , and his offering , but vnto cain & to his offring he had no regard . it is expresly noted in the text , that abel offered the best of his flock , de primogenitis , & pinguissimis , the first , fairest , and fattest , which shewed the sinceritie of his heart . in cain no such thing is noted , but the contrary vnderstood , whether cain did offer the tenth of the profit of his ground , and abel the tenth of his sheepe , that question i moue not heere , there is nothing expresly eyther for it , or against it : but out of these words this i obserue . first , that to offer to god of such goods as god doth blesse men withall , was from the beginning accounted a part of the seruice of god , for cain and abel both offered , knowing it was looked for at their hands . secondly , it is hence manifest that they who offer their goods to god , may not offer the worst , and serue god like s. antony his pig , with that which they make least account of : but they who serue not god with the best of their goods , are found to be followers of cain . thirdly , it appeareth also , that if there were not , neither euer had beene any ministerie ordained , yet notwithstanding men should haue stood bound to offer of the best of their goods to god , for this offering seemeth to haue beene , before a ministery was established . if any shall contend heerein , that these offerings were not tithes , i striue not , though with faire probabilitie i might , but thus much appeareth : that by the law of nature presently after the creation , men did thinke in conscience themselues bound to giue the best of their goods to god , as knowing that this was the will of god. it is likewise to be noted that god who from the beginning , as heere we see , hath a right in euery mans goods , may dispose his owne right as it best pleaseth him : but in disposing this his right to his ministers , hee disposeth and giueth it by the name of tithes . and this is that right which we seeke out , not what man bestoweth , but what god giueth to his church out of his owne right , which right of the lord in euery mans goods , is declared heere in the beginning , and the same right of the lord in euery mans goods remaineth vnto the end of the world . this right which the lord hath in euery mans goods , himselfe nameth tithes , and who knoweth it better then he ? when a man would offer this right to god , who knoweth how to offer him his owne ? who knoweth how to keepe such a rule in this action , as to assure himselfe that the thing which he offereth is the lords part , as being neither more nor lesse then that which god hath manifested to be his owne part . it followeth therefore that in offering to god this right , men must either offer tithes or else what themselues list , not what god prescribeth . now these offerings whatsoeuer they were , were offered as tithes , and whosoeuer offered in this sort afterward , offered tithes , because god had manifested that the right which from the beginning he hath in euery mans goods , is tithes . and therefore as soone as it can bee shewed that ther was a priest , then will it also appeare that tithes were payed vnto the priest of the lord. now in the . of gen. there is expresse mention of the priest of the most high god , and withall expresse mention of tithes payed vnto him : the words are these , and melchisedech king of salem brought foorth bread and wine , and hee was a priest of the most high god , and hee blessed abraham &c. and abraham gaue him tithes of all . and vnto these words that which the apostle obserueth heb. . where he proueth two things : first the greatnesse of christs priesthood aboue the leuiticall ; this hee proueth because melchisedech did blesse abraham , for without all doubt the lesse is blessed of the greater : then he proueth not onely the greatnesse , but the perpetuall and vnchaungeable estate of christs priesthood , wherein it differed also from the priesthood of leuy . this he proueth in melchisedech , and by him in christ , because leuy in abraham , payed tithes to christ in melchisedech , for ( saith the apostle ) heere men that die receiue tithes , but there hee receiueth them of whom it is witnessed that hee liueth . out of these words wee draw these obseruations . first , that vnder the law of nature , tithes were to bee payed to the priest of the most high god , for these things are expresly deliuered that melchisedech was priest of the most high god , & that abraham gaue him tithes of all . secondly , that this practise of the patriarks is commended by the apostle in the new testament , which sheweth that is no wil-worship deuised by them , but warranted from god , therefore we conclude , it was vndoubtedly ordained by god , albeit the time and first institution hereof be not exactly declared , yet that it was ordained of god it appeareth aswell by that which we haue said , because that right which from the beginning god hath in euery mans goods , is declared by the practise of the patriarks to be tithes : as also because leuit. it is said , tithes are the lords , holy to the lord , which words are not leuiticall or ceremoniall , as hereafter shall appeare , but declare , that tithes were the lords alwaies , and that the lord euen from the beginning hath thus declared what part he hath in euery mans goods . and vpon this ground and reason the patriarks payed tithes before the law . thirdly , we note that ordinarily the priesthood ( before the law giuen ) was annexed to the eldest of the house , the first borne , as here to melchisedech , which is thought to be sem , the eldest sonne of noah , as lyra noteth , and the yeares agree : for sem being an hundred yeares old , begat . arphaxad , two yeares after the floud , and liued after that , . yeares . gen. . . the end of which . yeares , falleth in the . yeare of isaac his age , ten yeares before the birth of iacob and esau. the lord afterward tooke the leuites to his seruice , in place of the first borne . num. . . this ordinary course was sometimes broken , and the birth right went from the eldest to another , yet thus much was alwayes without chaunge , the priesthood did follow the birth right , and tithes the priesthood . fourthly , leuy payeth tithes in abraham , whereby it appeareth that to pay tithes is not a ceremonie , for if it were , then should not leuy be noted heete for paying tithes , that thing cannot be a leuiticall ceremonie , which is contrary to the leuiticall ordinances : but that leuy should pay tithes is contrary to the leuitical ordinances , which ordaine that tithes should be payed to leuy . now because it is against the ceremonies of the law , that leuy should pay tithes , therefore when leuy payeth tithes , he payeth them not as a ceremony of the law . fiftly , we obserue that before the law tithes were paied to christ , so saith the apostle , heb. . . heere men that die receiue tithes , but there he receiueth them , of whom it is witnessed that he liued . in which words the apostle proueth , that in melchisedech christ receiued tithes . now if tithes were payed to christ before the law , what reason may be brought why they should not likewise be payed vnto christ after the law ceased . againe , tithes payed to melchisedech are here brought by the apostle , as a reason to proue the perpetuitie of christs priesthood , therefore tithes must be payed as long as christs priesthood standeth . let the reason of the apostle be considered : men that die receiue tithes heere , the leuiticall tithes are but for a time , but when leuy himselfe payeth tithes ( as before the law it was , and after the law it must be ) then are they giuen to him of whom it is witnessed that he liueth . then from these words of the apostle there is a difference obserued , betweene tithes as payed to leuy , and as to christ : as to leuy they stood for leuy his time , but tithes die not with leuy : for they are still to be payed to him of whom it is witnessed that he liueth . sixtly , hence we vnderstand the manner and reason of paying tithes to leuy , for tithes are the lords , as a right in euery mans goods from the beginning to the end of the world . all tithes are the lords , holy to the lord , leuit. . . he gaue them for a time to leuy , so long as leuy should serue the tabernacle and no longer , when leuy ceased to minister at the alter then tithes ceased to be due to leuy , but tithes then ceased not to be the lords , for as they were his before the law , so they stand his for euer ; because the lord can neuer loose that right which at the beginning he had in the goods of euery man. seauenthly , whereas a question may be moued , whether the tithes which abraham is said heere to pay to melchisedech , were tithes of the spoiles ( as some thinke they were ) or of his owne goods : i thinke the opinion and reason of the most iudicious interpretor is heere to be followed , that abraham payed tithes , not of the spoiles , but of his owne goods , because abraham would not practise his liberalitie of other mens goods , but of his owne . and in the text it is said , that abraham had lift vp his hand to the most high god possessor of heauen and earth , that hee would not take so much as a thread or a shoe latchet of that which was taken , which he yeelded to the king of sodom , prouiding onely to aner , escol , and mamre their portions . it is then more then probable that he payed no tithes of the spoiles , seeing he would not account any part thereof his owne . eightly , if abraham payed tithes to melchisedech of his owne goods , the question may be moued , whether he payed them yeerely or no ? to which question in direct words we haue no aunswere , and therefore wee may bee content to be ignorant where the scripture teacheth not , but in probabilitie it seemeth hee payed yeerely , because they were yeerely payed vnder the law ; for tithes were not first instituted to be payed vnder the law , but before , and the same reason was before , which was vnder the law , for the priest , to whom ( as lyra speaking from these scriptures , saith tithes were due before the law ) was no lesse yeerely to bee honoured then afterward ; and they who liued before the law had as much reason to shew their gratitude and obedience to god , as afterward . neither could the distance of place be any hinderance in this matter , for abraham dwelt at hebron ouer against sodom , and metchisedech at salem , which in the iudgement of iosephus is hierusalem , both in the tribe of iuda , not far a sunder . ninthly , whereas against this , it may be obiected out of the words of the apostle , heb. . . that abraham gaue to melchisedech tithes of the spoyles , for answere we must call that translation in some question which translateth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 spoyles , some learned men of late translate it so , but it was not so vnderstood in former times . ierom. translateth it ; de praeciputs , if it might be plainely shewed , that the word in the vse of good authors is taken for spoyles , then we might make lesse question heere . in the meane time we may doubt . it is commonly taken of the autors of the greeke tongue for primitiae , and sometimes pro primitijs manubiarum , but simply for spoyles , not that we know , the seriac translation taking the word in his vsuall sense , hath thus : to whom the patriarch abraham gaue tithes and first fruits . isidorus saith , abraham decimas substantiae post benedictionem dedit melchisedech , sicut sucerdotibus benedicentibus sibi populus secundū legem decimas dabat . lyra saith , abraham dedit decimas ipsi . melchisedech cui debebantur tanquam sacerdoti . tenthly , admit ( last of all ) that abraham gaue tithes of the spoyles ( which thing we cannot yeald without better proofes then we haue yet seene ) this is so far from crossing the right of tithes , that rather it confirmeth all more fully , for if abraham gaue tithes of the spoyles , much more then of his owne goods , the whole course of the apostle his speach proueth no lesse , for how can any mans conceit be satisfied with the tithes of the spoyles onely , considering the apostle speaketh so much of abraham his paying tithes , insisting so long in it , drawing an argument of such weight from it : he whose kindred is not counted among them , receiued tithes of abraham , ver . . heere men that die receiue tithes , but ther he receiueth them of whom &c. ver . . leuy also which receiueth tithes , payed tithes in abraham , ver . . if there were no other tithes giuen by abraham to melchisedech , but of those spoyles onely , why is this compared with liuiticall tithes , which were payed yeerely ? would the apostle vse this manner of speech of one onely action , vnlesse it shewed the common vse and practise how tithes were then payed to the priest , as by common vse and practise they were afterward payed to the lenites . by this then it appeareth out of the story of melchisedech that tithes were , and are to be payed to christ alwayes , aswell after as before the law . let vs consider the next testimony we finde in storie before the law : the next is gen. . where iacob voweth to pay tithes of all that god will giue him , the wordes are these : then iacob vowed a vow , saying , if god will keepe me in this iourney which i goe , and will giue mee bread to eate , and clothes to put on , so that i come againe to my fathers house in safety , then shall the lord be my god. and this stone which i haue set vp as a piller , shall be gods house : and of all that which thou shalt giue me , i will giue the tenth to thee . out of these words it appeareth that it was the generall opinion of the godly before the law giuen , that tithes ought to be giuen to god , for otherwise iacob did offend , vnlesse he knew that this thing pleased god , as being appointed by him . but because abulensis out of this place would proue tithes not to belong to the law of nature , that matter would be examined : his reason is , because iacob vowed tithes ; now a vow , saith hee , is not of those things which belong to the law of nature . but abulensis himselfe perceiuing that this proposition is not true generally , frameth an obiection against himselfe , that by remouing the obiection be might the better settle that which he taketh to be the truth : his obiection is , that a man may vow that which belongeth to the law of nature ; as not to commit adultry , which obiection he answereth thus : a man may not vow such things with condition , but absolutely . now saith he , iacob vowed tithes with condition , therefore they are not such things as are contained in the law of nature . bellarmins words are much more peremptorie : impium fuisset vouere decimas , si absoluté fuisset obligatus eas soluere . these words indeed being examined by the popish doctrine of vowes , may stand as a glos fit enough for a corrupt text , but being axamined by the truth of god , they shall finde no place to stand in . first , where abulensis saith , a man may not vow a thing belonging to the law of nature conditionally , it appeareth to be false , because as himselfe yeeldeth , a man may vow not to commit adultery , so he must yeeld that a man may likewise vow to honour his parents , if god will prolong their liues , this is conditionall and no lesse lawfull then the other , and he that maketh it , can keepe it onely conditionally , so long as god will suffer his parents to liue , if they dye , he is freed from the possibilitie of performing his vow : so he that voweth tithes , can vow them no other way , but conditionally , if god will blesse him with goods , as iacob doth , for it he haue nothing , he is freed from the possibilitie of performing his vow . other obiections of abulensis shall be answered in their place . though the obiection be answeared , yet somewhat may happely stick in the minde of the reader , and we as seeking a truth , would cast all obiections without fauouring , for i protest , i haue so captiued my sences to the truth , that against the knowen truth i dare not stirre , therefore i will freely open what i can . to that obiection , that no morall thing may be vowed , because we are bound without a vow to performe such things : this answere may stand , that albeit we be bound without a vow to such things , yet it is lawfull to vow them , that we may be stirred vp with more exact care and zeale to such duties , as not onely god hath bound vs , but we also binde our selues . now that it is lawfull to binde our selues to those duties , whereto god bindeth vs , it appeareth by the commended practise of the godly at all times . the people were bound to serue the lord in the time of asa , no lesse then at other times , yet they made a couenant and sware to serue the lord , . chron. . . . dauid was bound without an oath or vow , to keepe the righteous iudgements of the lord , yet he bound himselfe by an oath : i haue sworne and will performe it , to keepe thy righteous iudgements . psal. . . and whereas dauid speaketh so often of paying his vowes vnto the lord , the thing vowed and to be payed is morall . psal. . . offer to god praise , and pay thy vowes to the most high . psal. . . thy vowes are vpon mee , o god , i will render praise to thee , for thou hast deliuered my soul from death , &c. and albeit things ceremoniall might be vowed vnder the law , yet no otherwise but as they drew to some morall duetie . and therefore when the people in vowing things ceremoniall did so stick in the ceremonie , that they looked no farther , then are such vowes reproued , and they are taught , that the vowes which please god , are obedience , a contrite heart , and such like . this which i haue said will answere another obiection . if tithes were alwaies the lordes , wee cannot vow them , for a vow must bee of a thing that is ours . iacob then vowing tithes , sheweth that they were not alwaies the lords , the answere is plaine out of that which hath bene said . it is lawfull to vow vnto the lord that which is not ours , but his . for what thing is more the lords , and lesse ours , then our obedience , yet we vow it , binding our selues by a new promise to that whereunto the lord hath bound vs by dutie . and therfore as dauid did vow to performe that obedience to god , which otherwise he was bound to doe without a vow : so iacob doth heere vow to pay tithes , though tithes be the lords right ; when this obedience commeth from a willing minde ; it is acceptable : now a vow serueth to shew a resolued and willing minde . hauing done with the obiections against this place , let vs gather hence such obseruations as may confirme our purpose . first , it is euident hence , that iacob did not account tithes any part of the iudicials , because no part of the iudicials were to be offered in a vow to the lord , but eyther things morall were vowed , or ceremoniall as they lead men to morall obedience . the reason is , vowes were a part of gods seruice , and iudicials belonged not to the seruice of god , but were of things common , and for the ciuill gouernment of men . secondly , it must be considered that the thing wherein iacobs vow standeth principally , is in these words , this stone which i haue set vp as a pillar , shall be gods house . some interpretours take this to be the place where abraham offered isaac . lyra saith , that all interpretours take it generally for that place where ierusalem stood afterward . iacob saying it should be the house of god , signifieth it should be as a temple where god should be worshipped , now vnto the house of god he ioyneth tithes . thirdly , if therefore the question be mooued , in what sort these tithes were payed which are heere vowed , whether as things giuen immediately to god , as were sacrifices , or vowed to god , that is to the priest of the most high god ? i would gladly learne of other in such questions , but in the meane time , vntill i can learne a better answere , i thinke it best to vnderstand the manner of iacobs paying tithes , by the practise of his grandfather abraham , who payed them to the priest of the most high god. and therefore iacob after that example vowing to pay tithes , may best be vnderstood to pay them to the priest . thus far hauing spoken of the time before the law , so far foorth as scipture speaketh of tithes : before we come to the time vnder the law , let vs consider how heathen men , hauing not the knowledge of the law of god , but onely directed by a glimps of the light of nature , did iudge that tithes were to be payed to such gods as they worshipped , wherein howsoeuer they were corrupt , yet in that corruption may be seene some sparks of the light of nature before the law . i will not bring all , but onely of many testimonies will shew a fevv , wherby a man may iudge of the rest , and vnderstand how this question hath beene conceiued euen among the heathen . cyrus king of persia when he had ouercome the lydians , offered the tithes of all to iupiter . among the romans the custome was ancient of offering tithes to their gods . camillus vowed tithes to the goddesse called mater matuta , in case hee should ouercome the ueians . after the victory in low of the tenth a cup of gold was sent to delphi , weighing eight talents , as plutarch witnesseth in the same place . it is reported of lucullus that hee grevv rich because he obserued the vse of paying tithes to hercules . for that this was an ancient custome among the romanes , macrobius proueth out of varro , who writeth that it was the common custome among the anucients , vouere decimam . herculi . diodorus siculus opening the reason of that custome saith , that when hercules was friendly entertained by potitius & pinarius , he promised a happie life to such as should offer him the tithes of all their goods , which practise he saith remained in rome till his time , multi enim romanorum non solū medio cui sensu , sed qui ditissimi suat habiti , decimas herculi vouerunt , posteaque fortunatio res facti bona sua ad quatuor talentorum millia herculi sacrarunt . in which place hee reporteth the same of lucullus , which after him plutarch obserued . xenophon witnesseth that others vsed to pay tithes to apollo . neither was this thing obserued onely among the ciuill nations , but euen so far as the sence of manhoode reached it was spread also among the barbarous people . plinie writing of the sabaeans and aethiopians , saith that in the spices , which those countries yeeld abundantly , the marchants may not meddle with any ; before the priests haue laid out the tenth to their gods . and ( which one generall testimony may stand in place of many particulars ) festus saith : decima quaeque veteres dijs suis offerebant . which vse being so generall among all nations , doth shew , that euen from noah it was dispersed among all people ; though much corrupt in them , yet bearing in it selfe euident signes that it came from the incorrupt light of nature before the law giuen . for what other reason can be giuen why such an apparant resemblance of gods truth , should bee kept and dispersed so far among all nations ? and heereupon , i take it franciscus iunius departing from the iudgement of other learned men whom otherwise he reuerenceth , vvas moued to say thus much , decimae iure omni post hominum memoriam deo fuerunt sacrae . what is that , iure omni ? but aswell vvritten in the consciences of naturall men , fortified by priuiledges of princes , as expressely declared in the word of god. thus hauing declared so far as wee can learne , how tithes stood before the law , let vs consider the same in the time of the law . chap. iii. how tithes stood vnder the law. where it is prooued that then this constitution of tithes was neither ceremoniall nor iudiciall , but morall . this being first out of controuersie , that during all that time between the law first giuen , and last abrogated , tithes were to be payed to the leuits by the commandement of god : the first question may bee , whether tithes had their first institution and beginning in the law . wee aunswere shortly , tithes were not first instituted in the lavv , but long before , euen from the beginning . what then was instituted in the lavv ? all that vvhich concerning tithes was instituted in the law , was that tithes should bee assigned to the leuites so long as they serued the tabernacle : this will appeare if wee consider the first and most principall places , wherin tithes are mentioned in the law . the first is leuit. . the words are these . all tithes of the land both of the seede of the ground , and of the fruit of the trees is the lords : it is holy vnto the lord. euery tithe of bullocke and sheepe , &c. this is the first place that speaketh of tithes : in which words there is neither institution nor assignation , but a simple declaration of the lords right . and heereunto the next place , behold i haue giuen the children of leuy all the tenth of israell for an inheritance , for their seruice which they serue in the tabernacle of the congregation . these two places are first in order , and principall vnto which wee must refer all that which in the law is spoken of tithes : the first testimonie declareth the lords right , the second sheweth that out of his owne right the lord assigneth them to leuy , i haue giuen them to the children of leuy . it containeth the end , and condition of the assignation , for the lord assigneth tithes to leuy , onely for the time of their seruice at the tabernacle , for their seruice which they serue , &c. by this we may distinguish what is leuiticall , and what is perpetuall in tithes . this proposition , all tithes are the lords , is no way leuiticall , but containeth a perpetuall truth . that which is leuiticall in this point , standeth in two things , which we may call the leuiticall assignation , and the leuiticall institution of tithes ; for these wordes , i giue all tithes to the leuites , for the seruice which they serue at the tabernacle , doe containe the assignation of tithes , for all tithes being the lords , he doth heere assigne them ouer to the leuites for a time , during the seruice of the tabernacle . this assignation we graunt to bee leuiticall , and to indure onely so long as leuy shall serue at the tabernacle , that seruice once ended , tithes shall no more be leuy his right , but tithes shall be the lords . the leuiticall institution of tithes , is contayned in the commandements of paying tithes to leuy , as where it is said , thou shalt bring thy tithes to the leuites , the leuite thou shalt not forsake &c. where we see the commandement for paying tithes to leuy presupposeth the leuiticall assignation , the assignation presupposeth the perpetuall right of tithes to belong to the lord. if these grounds were graunted , the question were at an end , but because there will be question made of these groundes , let them be examined , to trye whether they be sufficient to hould vp that building which is to be laid vpon them . the first is this , that this proposition , all tithes are the lords , holy to the lord : is not leuiticall , this will thus appeare . if all tithes were the lords , holy to him before the leuiticall ministery instituted , then they are not leuiticall : but it is true and certaine that all tithes were the lords before the institution of the leuiticall ministery : therefore certainely they are not leuiticall , the proposition is euident , for that cannot be called leuiticall , which was before the institution of the leuiticall order , the assumption is no lesse true , because tithes were the lords , holy to him aswell before as vnder the law , for if the lord hath alwayes a right in euery mans goods , if this right was declared to be tithes , by the practise ofthe of the patriarks , if that practise doth shew that euen then in their times tithes were the lords , holy to him : it must needes be confessed that tithes were the lords before the leuiticall constitutions . now in that by the godly patriarks tithes were payed to the lord , is confirmed that tithes were alwayes the lords , and by that which heere is said , all tithes are the lords , is declared by what warrant the patriarks payed tithes , this is sufficient to proue , that tithes were not instituted first in the law . it may be obiected , that albeit tithes be not leuiticall , as being in vse long before the leuiticall order , yet they may be ceremoniall , for some ceremonies were in vse before the leuiticall ceremonies , to this reseruing a farther aunswere till anon , first , we say that tithes are ceremoniall no otherwise , then as they are leuiticall , and this i suppose , that men which attend to this question will not denie mee : if there be any ceremonie in tithes , it is a leuiticall ceremony . this thing is graunted by abulensis , and all that haue carried this question against vs , and the common voyce against vs is , that tithes are leuiticall ceremonies . i aske no more , the rest will follow , for if tithes , haue no other ceremonie then that which is a leuiticall ceremonie , then before the leuiticall order instituted , tithes had no ceremonie in them at all : and after that order abrogated , tithes remaining still , haue in them no ceremonie . now thus much we willingly yeeld , that all ceremonies may not properly be called leuiticall , as sacrificing , and the ceremonies that were in vse before the leuiticall order , but those ceremonies which were ordained with and for the leuiticall order ( as many were ) may properly be called leuiticall ceremonies , so that if tithes haue no ceremonie but leuiticall , surely then before the leuites , they had no ceremonie at all , to cleare these things the better , leauing no doubt vntouched , let vs compare tithes and sacrifices together , whereby it may appeare what is the difference betweene tithes , and such ceremonies as were in vse before the law . sacrifices were in vse before the law , and in the law certaine particular ordinaunces for the manner of sacrificing are commaunded , those particular ordinaunces may be called leuiticall , but sacrificing it selfe is not : so tithes were in vse before the law , and certaine particular ordinances of paying tithes to the leuites commanded in the law , which particular constitutions we call leuiticall . thus far sacrifices and tithes agree : heere it will be obiected that tithes were ceremonies before the law , aswell as sacrifices . the answere is in marking the true differences betweene sacrifices and tithes , which differences will shew the one to be a ceremonie , the other none . the differences are first in the propertie , secondly , in the end of both : first , the proprietie of sacrifices and tithes considered , this difference appeareth between them : the proprietie and right in tithes , is alwayes the lords , and not mans . now albeit sacrifices are then the lords , when they are once offered to him , yet till that time man hath the proprietie and right in the thing which he sacrificeth , but in tithes man hath no right , because all tithes are the lords . then in sacrificing man sanctifieth of his owne to god , which before offering is his owne , and if he should not offer it , remaineth his owne still : but in paying tithes man giueth nothing of his owne to god , but onely rendreth to god that which alwaies was his right : in not sacrificing godlynes is violated , in not paying tithes not onely godlines is broken , but iustice also . now a ceremonie standeth not in paying to god that which is his , but in giuing to god that which is thine owne . for example , if thou giue to god , honour , praise , and glorie : here is no ceremonie , thou giuest to him that which was euer his right : but when men by carnall rites did make signe to god of their faith and obedience , then they gaue him that which was their owne in signification of other things . the second difference is , in the end of both , the end of sacrificing was to signifie the great sacrifice vpon the crosse for the sins of the world , & therfore it was a ceremonie , because it was a carnall type of that holy sacrifice , therefore to remaine onely vntill that sacrifice be exhibited . and in a word , the end of all ceremonies was to signifie something , but the end of tithes , is the honour or maintenance of the ministery at all times . i say , not onely the honor of the leuites , but of the ministers of christ alwayes , and therefore to remaine so long as that ministerie shall stand . and that this was the true end thereof , it appeareth . first , because tithes were payed to the priests before the law . secondly , because they were particularly assigned to the priests and leuites vnder the law . thirdly , because by the fathers succeeding the apostles , ( as heereafter it shall bee opened ) they were challenged to the church , as gods ordinance , for the maintenance of the ministery , and by the consent of all christians yeelded so . if this be not the end of tithes , let any man shew and proue to vs another end of them : if this be their end , euen an honourable maintenance of the ministery , then certainely tithes are no ceremonies , because the end of a ceremonie is onely to signifie something , and it hath no other end or vse , whereby as we haue the apparant differences betweene tithes and sacrifices , shewing plainly the one to be ceremoniall , the other not : so we haue this truth no lesse cleared , that this proposition , all tithes are the lords , containeth no leuiticall ceremonie , but a perpetuall truth . for the farther manifestation of this point , it must be considered , that vpon this ground ( al tithes are the lords ) the leuiticall assignation resteth , for whereas first the lord maketh it manifest , that all tithes are his , and afterward assigneth them to leuy , it is declared that heerein he doth wrong no man , for he giueth that to leuy , which by peculiar right and proprietie is his owne , no man hath right or proprietie in the tithes of his owne goods , but as euery man hath a proprietie in the rest of his goods , so hath the lord in tithes . then this right which the lord hath in tithes , none can challenge from him , for otherwise some man might thus surmise , i am wronged if my goods be taken from me and giuen to leuy . in these words there is a secret answere to all such surmises , tithes are none of thy goods , thou hast no right in them at all , all tithes are the lords . and that this is the true meaning of these words , it may appeare , if we compare them with other places which soūd like this , but cannot thus be expounded . it is said that , all the beasts of the forrest are the lords , and the cattell vpon a thousand hils . psal , . the earth is the lords and all that therein is . psal. . but these things are said to be the lords in another sense , then tithes are . i remember well that sentence and rule of hillary , that he who readeth scriptures as he ought , must not bring a sense to the words , but fet the sense from the words , and not compell the scripture to speake as hee in preiudice conceaueth . if i breake this rule , it is of ignorance , not of wilfulnesse , & i will willingly take a rebuke , if i faile herein , especially from such as will both reproue and teach mee . things are said to be the lords in diuerse senses , when the earth is sayd to be the lords , and such like : we vnderstand that these things are the lords , in two respects . first , in respect of a duetie all creatures are the lords , because he is their creator , for euery thing created oweth a duetie to the creator , as to the great lord to whom all things owe their homage , albeit euill and corrupt men vnderstand not this , and therefore are farre from this dutifull obedience : yet they should in regard of this dutie , set the seruice of god before all things whatsoeuer , because he is creatour of all , this reason the prophet toucheth where he saith , the earth is the lords : for ( saith hee ) he hath founded the world &c. secondly , all creatures are said to be the lords also , in respect of that power whereby he ruleth all , euill and corrupt men , though not vnderstanding the same , and being far from yeelding their dutifull obedience to the lord , are yet subiect vnto this his power , for he directeth euery thing to his proper end , in this respect the prophet saith : hee doth whatsoeuer pleaseth him in heauen and in earth . psal. . and in these respects wee vnderstand those scriptures that say , the earth and the creatures are the lords , aswell because all things created owe a duety to him , and as it were their homage , as also because all things created , are gouerned by his power and prouidence . but when tithes are said to be the lords , this is in respect of a proprietie and immediate right , that he hath in tithes , for otherwise why should the lord say that tithes are his , more then the other . parts ? for in those former respects the . parts are his , euen as the earth is his , &c. this then declareth an immediate right and proprietie that the lord hath in tithes , distinct from the respects of duetie , power and prouidence , in which respects all the rest is his . and that the words force vs , and not we them to this sense : it may farther appeare by the words following , which doe expound the place , and puts it out of doubtfulnesse . al tithes are the lords holy to the lord : these words ( holy to the lord ) doe interpret the former , and shew in what sense tithes are the lords , not onely in respect of a generall duety , or in respect of his power , but euen in this sense , because the proprietie and immediate right to tithes is not in man , but in god onely , for that which is holy to the lord , is seperate from man , and mans vse ; in such things man hath no right at all , therefore if man keepe tithes from the lord , it must be confessed that this is vsurpation and sacriledge . moreouer , we note the manner of these words . it is not sayd thou shalt pay all tithes to the lord , for such a precept might argue an institution of tithes : but it is say'd , all tithes are the lords , which words doe not expresse any new institution , but declare an auncient right which was begun long before the law . it is farther to be considered , that the law obserueth a distinction in holy things , by which distinction we may learne how tithes differ from other things , which by the leuiticall law were called holy , for things holy , or seperate from mans vse , are either such as the lord seperateth to himselfe , wherein man hath no right : or such things as man seperateth to the lord : now tithes are made holy and seperate from mans vse , not by man , but by the lord himselfe . for it is sayd : leuit. . . nothing separate from common vse , which a man separateth to the lord , of all that he hath , may bee sould , nor redeemed , but tithes may be redeemed leuit. . . by adding a fift part . therefore tithes are such things , as man hath no power to seperate from common vse , because they stand separate from common vse by the lord , which sheweth euidently that man hath no right or proprietie in his owne tithes , as he hath in the things which he may separate from common vse to the lord. then the generall ordinaunce of tithes was not instituted in the law , but long before , as appeareth both by the practise of the godly in former times , and by these wordes declaring the ground of that practise , which ground is the immediate right which the lord hath alwaies in tithes , for if the former practise , and that which we haue obserued of these words , all tithes are the lords , be compared together , it is euident that the lord did not then begin to haue a right in tithes when the law was giuen . this right is not instituted in the law , but onely declared , whervpon it followeth that this is right perpetuall , for we call that perpetuall whereof no beginning can be shewed , but the vse therof proued from the beginning . therefore wee conclude that this proposition , all tithes are the lords , holy to the lord , containeth a perpetuall truth , and no leuiticall ceremonie . to confesse the truth , i finde my selfe in writing this which i know many are ready to gainesay , so affected as they who fortifie an hould against the enimies , where the wall is weakest or lowest there the greatest force of the enimies is set to make a breach , so i finde that we are now as it were in that breach , and if i can fortifie this one peece so as to put the aduersaries out of hope of entrance heere , i shall be at more ease for the rest : for euery man will graunt mee that tithes were due before the law , and vnder the law assigned to the leuites , but how the perpetuall right is proued , or how this right may appeare assumed againe after the abrogation of the law , this is that wherat most sticke , this is that which i must fortifie . to that therefore which already wee haue spoken add that which the apostle saith in the epistle to the hebrewes , for hee hath so fortified the matter that i know not what may bee brought against him , in those words , heb. . . heere men that die receiue tithes , but there hee receiueth them , of whom it is witnessed that hee liueth : who is hee of whom it is witnessed that hee liueth . ? it is spoken there of melchisedech , but it is verified in christ , melchisedech heere is brought in to no other end , but as a type of christ , to shew how these things spoken of the tipe , are most true in the body christ iesus : for there the apostle proueth the greatnesse of christs priesthood and the perpetuity of the same , so that these things heere spoken of the tipe , are declared to be verified especially & principally in christ : then albeit melchisedech be in some sort witnessed to liue , because ther is silence of his death , yet this is especially & principally true in christ : then when the apostle faith , that heere he receiueth tithes who is witnessed to liue , his meaning is that tithes are payed in the priesthood of christ , not onely in the leuiticall priesthood . heere men that die receine tithes , but ther he receiueth them of whom it is witnessed that he liueth , where we haue an euident distinction betwene the leuiticall assignation , and the perpetuall right of tithes . heere men that die receiue tithes , there is the leuiticall assignation , which was to haue an end : but there hee receiueth them , of whom it is witnessed that he liueth , in these words the perpetuall right first , whether tithes be ceremoniall . secondly , whether they be iudiciall . to know whether tithes be ceremoniall ( that wee may adde more proofes to that which we haue sayd in this point ) it seemeth needefull to set down the definition of a leuiticall ceremonie , which may be defined thus : a ceremonie is a carnall type of an holy thing , which for the seruice of the tabernacle is inioyned onely vntill the time of reformation by an holy thing in this definition , wee vnderstand an euangelicall truth , by the time of reformation we vnderstand , the first comming and full appearance of our lord iesus christ. all the parcels of this definition are confirmed by the apostle , heb. . that it is a carnall type of an holy thing , it is proued . ver . . where they are called carnall rites , and ver . . they are say de to bee similitudes of holy or heauenly things , that such ceremonies were for the seruice of the tabernacle , he sheweth , ver . . where first he discribeth the tabernacle , and presently ioyneth the ceremonies , as belonging to it , and againe , ver . . and . so that all those ceremonies had respect to the tabernacle , and that they were ordained to indure onely vntill the time of reformation , it is deliuered in expresse words , ver . . it may be obiected , that albeit all these things be expressed in the apostle his words , yet his meaning may be not to define a ceremony , but to discribe diuerse kinds of ceremonies , as namely , that of ceremonies some are carnall types , other for the seruice of the tabernacle , others to indure vntill the time of reformation , &c. wee answere for our purpose all is one , whether it be graunted that this is a definition , or a diuision of ceremonies : if it be a definition , tithes must agree to this definition , or else it can not be ceremoniall : if it be a diuision of ceremonies , then tithes must agree to some part of it , otherwise they can be no ceremonies , but we say that tithes neither agree to the whole , nor to any part thereof , for they are neither carnall , nor types , nor carnall types of holy things , nor for the seruice of the tabernacle , nor inioyned to indure onely vntill the time of reformation , if no part heereof agree with tithes , how is it possible this thing should bee a ceremonie , let vs then examine the parcels . first , tithes are not carnall , for carnall in the apostle his sence , is not taken for euery worldly thing , but for such a worldly and rude element , or as the apostle calleth it , gal. . . such an impotent and beggerly rudiment as serued for the institution of the rude and ignoraunt people of the iewes , hauing no such vse among christians : but tithes serued not for institution of the iewes , for they did teach nothing , and yet they haue among christians the same vse , which then they had : for they serued then , as now also they doe , for honour and maintenance of them who teach the people . is it possible that this thing should be a leuiticall ceremonie , which hath the same vse among christians , which it had in israell ? farther , tithes are no types , for a type was instituted for no other vse , but to signifie an holy thing in christ or his kingdome , but tithes were not instituted for this vse to signifie any thing in christ or his kingdome , therefore no types , this appeareth plainely , because tithes are after christ , as they were before , the honourable maintenance of the ministerie alwaies , therefore they signified nomore then now they doe , but as they were , so they stand still , or if any thinke that tithes were instituted onely to signifie some thing , let that thing once be shewed . now if they be neither carnall , nor types , how can they be carnall types , and by consequence they are not carnall types of holy things , but they are those holy things themselues , for to pay tithes sincerely to the ministers of christ , is an holy thing , and this is enough to proue it no ceremonie , for no ceremonie is of it selfe an holy thing , but that this is , it is apparant , because now in the time of the gospell the same vse of this thing is retained , when all ceremonies are abrogated , neither were tithes instituted for the seruice of the tabernacle . i speake heere of the ordinance of tithes , not of the leuiticall assignation : which assignation i graunt was instituted for the seruice of the tabernacle , but the question of tithes in generall , is much differing from this assignation , for tithes were before the law , this assignation was not , tithes are in vse after the law ended , this is not , therefore there is as much difference betweene tithes in generall and this assignation , as betweene things perpetuall and temporary . last of all , it is euident , that tithes were not inioyned vntill the time of reformation , for they are in vse after that time , therefore we reason thus , no leuiticall ceremonie may be allowed to remain in the church any longer then vntill the time of reformation , but tithes are , and haue beene by all godly allowed to remaine in the church after the time of reformation : therefore tithes are no such ceremonies , the assumption is in the manifest knowledge and consciences of all men : the proposition is proued out of the words of the apostle , where he describeth ceremonies in these words , heb. . . carnall rites which were inioyned vntill the time of reformation . if those carnall rites were inioyned vntill the time of reformation , then manifestly it followeth that these carnall rites were to be abolished at the time of reformation , and are not to be retained in the church after that time : heere then of two things we must choose one , eyther to say , tithes are no ceremonie , or to charge the church of christians of impietie in the highest degree , for appointing tithes for the maintenance of ministers , and so retaining a ceremonie in the church after the time of reformation , against the expresse doctrine of the apostle . but now consider what answere is thought by some to be sufficient . this for sooth , that tithes are vsed now in the time of the gospell , not as a ceremonie , but as another thing , they were vnder the law ( say they ) ceremonies , but now they cease to be , and are retained as some other thing : let them be as what you list , this is no sufficient answere to that which i haue said , and to shew the weakenes heereof ( because in this aunswere is placed all the hope of them who hold tithes ceremonies ) let vs take a little paines with it , for the inualiditie of this poore shift being manifested , we may go with more ease through the rest . if this were a sufficient answere to say , we vnderstand tithes now not as a ceremonie , then surely nothing in any disputation can be proued , and because this matter reacheth farther then at the first show it seemeth , it shall not be vnprofitable by the way of a short digression , to speake in generall of insufficient answearing , that is , of vnexact distinguishing , where the truth is onely sought out , without heate or contention , there the distinction of the answere will shew it selfe so quick , as that it doth not onely answere the sophisme , but also carrieth force and power in it selfe to ouerthrow the contrary falshood , but where the distinction hath not this life in it , there it discrieth it selfe to bee , not as armour of defence as it should be , but onely as that sodaine helpe , which the man in daunger of drowning catcheth after : for example , that answere which serueth for the common hackney in schooles : verum est materialiter , non formaliter : let it be allowed for a sufficient answere , and what can be concluded ? that the absurditie heereof may more plainly appeare , i will recite certaine examples . thomas aquinas concludeth , that concupisence which passeth the bonds of reason is against nature . dominicus ▪ soto not consenting to thomas , and yet being vnwilling to stand against him in contradiction , thinketh this a sufficient answere : that which thomas saith is true , ratione formae , sed non natione materiae , nam ratione materiae ( faith soto ) concupisentia illa est naturalis . martin luther made this obiection against indulgences , indulgences are saide to remit penaunces , but penaunces are good works , such as fasting , almes , prayer and the like : therefore indulgences are not good but pernicious , seeing they hinder men from good workes . bellarmin thinketh it sufficient to answere thus ; indulgences remit penaunces not as they are good workes , non quatenus sunt bona opera , but as another thing , as if hee should say , verum est materialiter , non formaliter . iust as these men distinguish in a ceremonie , tithes are now retained not as a ceremonie , but as another thing . if this kinde of answere runne for currant , who seeth not that this blinde distinction is at hand ready against any truth though neuer so well concluded ? for when a man hath concluded , that to drinke till a man be drunck is a sin , some will finde out this distinction , it is a sinne materialiter , sed non formaliter : for i vse , saith he , non quatenus , not as drunkennesse , but as another thing . and why may not another frame the same distinction for whoredome , especially if hee may alleadge the aduise of some phisitions which hould such phisicke needefull for his body . and so in other things , i would know how a man can conclude against the ebionites , if this kinde of aunswering bee receiued for good ? they receiue circumcision with the gospell : how will you disproue them ? if you vrge those words of the apostle , if you be circumcised christ profiteth you nothing : may not they aunswere the apostle , verum est formaliter , non materialiter . wee retaine circumcision not formally , non quatenus , not as a sacrament , but as another thing . if this were nothing else but to mocke the apostles diuinitie , why should any bee so much ouerseene , as to thinke this distinction may stand against vs , which in the like case can not stand against the apostle ? therefore it is not enough to bring a distinction , but the parts thereof should bee confirmed out of the principles of that profession , wherein the disputation is , if the disputation be in logicke or philosophie , then the parts of the distinction to bee confirmed out of logicke or philosophie , if in diuinitie , then out of the scriptures . this sincerely practized would cut the sinewes of many friuelous contentions which are so often moued and repeated againe without end . thus much concerning the idle and endlesse humour of writing , which proceedeth for the most part from insincere answering . now to returne to the former answere of those , who thinke they haue said enough , when they say that tithes are not now established in the church as a ceremonie , but as another thing , it is as if they should say verum est materialiter , non formaliter . for the frame of a ceremonie remaineth not , yet the matter , say they , remaineth . which answere as in some place may stand , so heere it cannot , vnlesse the parts of this distinction be proued by scripture , which no man hath at any time as yet proued . for it should be proued by scripture that tithes were a leuiticall ceremonie , and that the thing which once was a ceremonie , may be retained in the church of christ , but wee haue shewed the contradictary to both , that tithes were neuer a ceremonie , by the discription of a ceremonie , and that the thing which was a ceremonie may not be retained in the church of christians , because it was inioyned onely vntill the time of reformation : and therefore we conclude , this answere is euery way weake , and no sufficient exception against our cause . but for the latter part thereof , it may be thus obiected , some things were ceremonies which yet are , or may bee lawfully retained among christians , as not to sow a vineyard with diuerse kindes of seedes ; not to plow with an oxe and an asse ; not to weare a garment of diuers sorts , as wollen and linnen together , deut. . i answere these scriptures deut. . doe not speake of ceremonies , but of iudicialls . of this answere , there are these reasons . first , throughout that chapter he speaketh of things iudiciall , and in the chapter next before , as also in that which next followeth , hee declareth precepts iudiciall of all sorts , concerning matters of state when they goe to warre , touching publike affaires , touching priuate , touching husbandry , touching a mans comely carrying of himselfe abroad and at home : for iudicialls reach not onely to the great affaires of a state , but euen to a comelynesse in husbandry and apparell , of which ciuill comlinesse these precepts are to be vnderstood , and in a ciuill state well and exactly gouerned , to bee receiued , for ciuill comelinesse , and an exact order is to be setled in euery part of the state . another reason that these precepts are to be vnderstoode of iudicialls , not of ceremonies is , because these things cannot agree to the discription of a ceremony , out of the apostles wordes , for neither were these carnall tipes of holy things , neither were they instituted for the seruice of the tabernacle . againe it can not bee saide that a ceremonie is negatiue , as a precept may bee , for they are not set downe in negatiues , this thou shalt not doe , but in affirmatiues in doing or vsing , for a ceremonie is positiuely to represent an holy thing , for which cause the apostle calleth them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . moreouer in these and such like precepts we obserue that albeit some signification may well be drawen from them , yet that will not suffice to proue them ceremonies , for from that which is written deut. . thou shalt not mussell the mouth of the oxe that treadeth out thy corne . the apostle . cor. . . draweth a signification , and thereby a strong reason for maintenance of ministers , and yet i suppose , no man will hould that precept to bee ceremoniall , for it is iudiciall altogether , because it is of things in common vse , therefore certainely iudiciall : euen so are these precepts deut. . to bee vnderstood . wherefore the contrary apparaunces being remoued , the truth of this conclusion will better appeare , tithes are no ceremonies . now as it is an easie matter for any without much learning to say tithes were ceremonies , and to rest there without reason , without discussing the manner and cause thereof , so if any would enter iudiciously into the carefull and conscionable search heereof , and open vnto vs the signification of this ceremonie , and shew vs the proper end and vse thereof , and proue with one sound reason , that tithes were instituted to signifie something onely for a time as all ceremonies were : i should for my part thinke my selse much beholding to him ; otherwise if thou shalt tell me a thousand times it is a ceremonie , though this were true that thou saist , yet because thou knowest not the reason and ground thereof , to thee it is as an vntruth , he who holdeth this a ceremonie , ought to bring an approued reason from the word , and declare the true end and vse of the ceremonie , which will open the signification thereof : till that be done , lie that saith it is a ceremonie speaketh without vnderstanding . we shall haue lesse trouble to disproue the other opinion , which holdeth tithes iudicials , because it is holden with much lesse shew of reason : for to be briefe heerein , we reason thus . no holy things are iudicials : but all tithes are holy things , therefore no tithes iudicials : the proposition of this syllogisme is manifest by that distinction which must be acknowledged between things holy and common : holy things are taken from common vse , which things are of two sorts , eyther such as the lord separateth from common vse , as the sabboth , and tithes , and such like : or such as man separateth from common vse to the lord , of which those words are leuit. . . nothing separate from common vse , that a man doth separate to the lord , of all that he hath , may be sold nor redeemed , and in the verse following , things separate from common vse are expounded , separate from man. thus are all holy things separate from common vse or from man , but all iudicials are of things in common vse , not separate from man , therefore no iudicials are holy things , no holy things iudicials . by this which we haue said , the question i hope is cleared which was mooued in the beginning of this chapter , how tithes stood vnder the law , it appeareth that then they were not as ceremonies , nor iudicials , but a perpetuall ordinance and part of the morall truth . before wee passe from this place , i would adde a word of the antiquitie of these two opinions which i haue last refuted . the iudgements of former ages is a great presumption , and men of iudgement will very hardly depart from an ancient opinion without great reasons . now as the opinion which i seeke to confirme is ancient , and hath beene lield by the best learned in the church from the beginning till these late yeeres : so those other two opinions last spoken of , are both new , though the one somewhat elder then the other . that tithes are ceremonies , is an opinion deuised about an hundred yeeres since , not aboue : the other , that tithes are iudicials is auncienter , for it was first deuised by alexander de hales an english man the father of schole-diuinitie , the first that wrote vpon the sentences . this hales died in the yeare of christ . saith iohn bale . the same opinion is maintained by thomas aquinas scholler to hales . these their chieftains the schole-men follow , and hence it is now a receiued opinion among them of the church of rome , that tithes are iudicials . but one thing i wish to be obserued ; that after the pope had through corruption made tithes away from their proper churches by impropriations , then forsooth to salue this corruption , least it might haue beene thought open sacriledge , these deuises were first inuented . this i thought good to note , that it may bee knowne that this corrupt opinion of tithes came in with infinite corruptions and deprauations of the truth . chap. iiii. how tithes stood in the time of the new testament . let it bee examined in the next place , how tithes stood in the time of the new testament . in this time we finde no expresse mention that tithes were payed , nor any expresse proofe that they were not , but there is great probabilitie that they were not . first , because we finde no expresse testimonie for them . secondly , because that vse of paying tithes , as the church then stoode , was so incommodious and cumbersome that it could not well be practised . and therefore as circumcision was laid aside for a time , whilst israell trauailed through the wildernesse , not because the people of right ought not then also to haue vsed it , but because it was so incommodious for that estate and time of the church , that it could not without great trouble be practised : euen so the vse of tithes in the time of christ and his apostles was laid aside , not because it ought not , but because it could not without great incumbrance be done . and as circumcision was resumed as soone as the estate of the church could beare it : so tithes were reestablished as soone as the condition of the church could suffer it , for tithes can not wel be payed , but where some whole state or kingdome receiueth christianitie , and where the maiestrate doth fauour the church , which was not as then . now as soone as it can be shewed that a maiestrate did fauour the church , so soone will it also appeare that tithes were established . thirdly , moreouer tithes were payed to the priests and leuites in the time of christ and his apostles , now the iewish sinagogue must first be buried , before these things could be orderly done , when the sinagogue was buryed , and the estate of the church could beare the practise , then were tithes brought into vse in the church . fourthly , in the times of the new testament and somewhat after , there was an extraordinary maintenance by a communitie of all things , which supplied the want of tithes , but this communitie was extraordinary , and not to last alwaies : now as this extraordinarie maintenance decayed , tithes being the ordinarie maintenance of the ministerie grew in vse againe , and if it should so happen , that the church should bee in the like case againe as then it was , then must paying of tithes cease for the same reason , as then it did . and then might that communitie be reduced againe for that time , that is , an extraordinarie maintenance at an extraordinarie time : but this could not preiudice the right of the ordinarie maintenance , when fit time serueth , albeit then that for these reasons tithes were not vsed de facto in the time of the new testament , yet it appeareth that de iure they ought to haue beene payed , if these incumbrances had not disturbed the conuenient practise thereof : mat. . you tith mint , and annise , and cummin , and leaue the weightier matters of the law , &c. these ought yee to haue done , and not to haue left the other vndone , from which words tithing hath the approbation of christ , as a thing that ought to be done , there is an apposition betweene things of the same kinde , the greatest morall things in mercy and iudgement , and the least morall things in paying the least tithes . thus origen and other fathers vnderstand these words , as belonging no lesse to christians , then to iewes , luke . . the proud pharisee in his prayer saith : i fast twise in the weeke , i giue tithes of all that euer i possesse , where we finde tithes accounted morall , as fasting . heb , . . the apostle sheweth from abrahams paying tithes to melchisedech that christs priesthood is perpetuall , not subiect to change as was that of leuy , which declareth that tithes follow that priesthood which is perpetuall . briefly i reason thus , there is no proofe through out all the new testament , for any other ordinary maintenance of the ministery : therefore tithes remaine still the ordinarie maintenance . but because the apostles times are so much obiected against vs for the pretended competencie , we must better consider these times so far forth as they touch this maintenance . in the apostles writings ther be two things to be obserued concerning this point . first the examples of that maintenance which then was in vse . secondly , the reasons and proofes which the apostles vse to moue the people to contribute : both these things stand against the pretended competencie , for if the examples be considered , that which was done appeareth to be nothing else but almes , if the proofes be weighed , they are such as proue another thing then that which then was practised , and if they bee well examined they prooue tithes due now the apostles reasons are good and strong , when as by such proofes as indeed proue the ordinary maintenance due , he calleth for some other thing of the people , because tithes the ordinary maintenance could not in that estate of the church well bee payed . if these things be examined in order , it will appeare first by the examples and practise of that time , that those contributions were nothing but almes , for no man was compelled to giue any thing , but euery man gaue as hee was moued . it shall bee sufficient of many to shew a few examples , the apostle speaking of such contributions romanes . . . . saith , it hath pleased them of macedonia and achaia to make a certaine distribution , &c. by which words hee describeth an almes , and in the words following , where he saith , it pleased them , & their debtours are they : he sheweth this distribution was but almes , for if it were giuen at their pleasure , and if they who receiued it , were their debtours , surely it can bee nothing but almes . the circumstances of that action proue no lesse , for they of macedonia and achaia , as likewise they of rome , were not bound in any other dutie then meere charitie to maintaine those at rome . and as heere wee finde that hee accompteth it so , euen so hee calleth it in plaine termes by the name of almes , act. . . after many yeeres i came and brought almes to my nation . by this it may appeare that the apostle accompted such contributions as then were vsed in the church , meere almes . tertullian speaking of this vse , which as it seemed continued to his time , saith thus : vnusquisque stipem quum velit , & si modo possit apponit , nam nemo compellitur sed sponte confert . then from the vse and practise of the apostles times nothing can bee proued but almes , and therefore this competent maintenance cannot bee drawen hence , first because this competency by them who striue for it , is not meant almes : secondly because they who hould this , doe thinke that the people may bee compelled to contribute some thing , but this is directly against the vse of the apostles times , for no man was compelled , but that onely was taken which was willingly giuen . thirdly because they would haue it at the appointment of the maiestrate , which thing is not answerable to these times . this may suffice to proue that this competent maintenance doth not agree with the vse of these times whereof wee speake . this the waldenses and after them iohn wiclife did foresee , and well vnderstood , that if the practise of the apostles be vrged in this point , then assuredly nothing can be clamed but almes . and therefore they vrging that vse did truely thereupon couclude that the ministers maintenance must be almes though they vrged those times without reason , yet that being once graunted the other must follow . now let vs consider the reasons which the apostles vse in mouing these contributions , these reasons if a man consider them aright , doe reach farther then they are applyed ; and indeed doe conclude another thing , for seeing the contributions then practised were almes , and the reasons confirme a due maintenance , surely they confirme another thing then was practised at that time . for example the reasons whereof wee haue spoken , . cor. . who goeth to warfare at any time of his owne cost ? who planteth a vineyard and eateth not of the fruit thereof ? or who feedeth a flocke and eateth not of the milke ? these reasons doe not so much proue that which then was in vse , as another thing : what that other thing is , that is heere in question ? wee say tithes : other say , a competent maintenance , but these reasons proue the ordinary maintenance of ministers due . now because tithes , the ordinary maintenance , could not bee payed without great incumbrance , the reasons shew that in place thereof for a time some other thing must of right bee payed . so the apostle reasoneth , . cor. . . doe you not know that they who minister about the holy things , eate of the things of the temple , and they who waite at the alter , are partakers of the altar ? so also hath the lord ordained that they who preach the gospell should liue of the gospell . this reason concludeth very strongly for tithes , and for nothing else , for it must be graunted that the apostles words concluding something certainely , doe rather conclude that which was the ordinarie maintenance commonly receiued in the church , then that which was neuer in vse in the church , certainly not in those tymes . now tithes were ordinarily receiued in the church , as the ministers maintenance , but this competencie as it is vrged , was neuer in vse in the church , surely not in the apostolike times . now it were hard to say that the apostle reasoneth for such a thing as was neuer in vse . againe , the apostle saith , the lord hath ordained the ministers maintenance , this ordinance is not indiuiduum vagum , but some certaine thing , beeing a part of gods worship . now we can say that tithes are the lords certaine ordinance , but who is able to say and proue so much for this competent maintenance ? as for the vse and practise of the apostles times , assuredly it was no perpetuall ordinance of the lord , but an extraordinarie vse for a time : wee seeking the ordinary maintenance , and this being extraordinarie to indure but for a short time , shall neuer finde that which we seeke in the vse and practise of those times . then whereas the apostle saith , the lord hath ordained that they who preach the gospell , should liue of the gospell , there must be some ordinance of the lord shewed , but none can bee shewed , but either tithes or the vse of the apostolike times , therfore this ordinance must eyther be tithes , or almes , but not almes : for this vse of the apostles times were extraordinarie , therefore the ordinary and perpetuall ordinance of the lord for the ministers maintenance , can be nothing else but tithes , and that the reasons vsed by the apostle doe in truth confirme tithes , albeit they name not tithes , it is the iugdement of diuers fathers , as heere after may appeare . now that which standeth with best reason , with the perpetuall and ordinary practise of the church before and since christs time , and hath the full consent and testimonie of the auncients , i prefer before that which standeth with no reason , was neuer vsed in the church , and hath the testimonie of no auncient father . chap. v. how tithes stoode in the ages of the church after the apostles , wherein the point in question is confirmed by the testimonie of fathers without contradiction , vntill antichrist by vsurped authoritie disordered the church . how long that communitie of all things lasted in the church , which began in the apostles times , wee cannot precisely determine , but it seemeth to haue beene in some vse in tertullians time , for so hee saith , omnia sunt indiscreta apud nos praeter vxores . eusebius laboureth to proue out of philo , that the christians at alexandria conuerted by mark , had all things common . but the testimony of philo speaketh of those who were called essaei , not of christians , yet that this communitie was long continued among christians , it is out of doubt . some thinke that vrbanus bishop of rome ann. . did make some mutation in the vse of this communitie , who first of all is reported to haue retained lands to the church vse , for whereas before we read act. . . as many as were possessours of lands , sold them and brought the price to the apostles : afterward it was thought expedient for the perpetuall reliefe of the church , that such lands should not be sould , and the price giuen , but the lands themselues should be giuen to the church , fassiculus temporum ascribeth this to urbanus , praedia caepit ecclesia possidere huius ( vrbain ) tempore , de quibus clericis & notarijs sumptus deputabant qui gesta martirum conscripserunt , antea viuebant more apostolico qui in actis apostolorum scribitur . marsilius patauinus saith likewise , that vrban was the first that possessed lands and temporalties , yet it seemeth that vse began before vrbanus his time , if gratian cite truely the words of vrban . albeit there may be some question of the authoritie of this testimonie , the credit whereof i will neuer seeke to salue : yet because in a matter of story , it agreeth with other stories of that time , i thincke it not amisse for the stories sake to set it downe as it is in gratian , and in the first tome of councels , videntes autem summi sacerdotes , & alij atque leuitae , &c. that is , the chiefe bishops and other , and the leuites or ministers , and the rest of the faithfull perceiuing that whereas lands and inheritances were wont to be sold , and the price giuen to the church , it might be more profitable if those lands and inheritances themselues were giuen to the churches that are gouerned by bishops , because the faithfull that liue in common might better be serued and much more conueniently by the rents of such lands , both for the present time , and for the time to come , then by the price in money : heereupon those lands which before they were accustomed to sell , they begunne to bestow vpon cathedrall churches , and to liue of the rents . now these lands were within the priuiledge of euery such diocesses of the bishoppes who hold the place of the apostles , and so the same lands are , and for the time to come ought to be . out of these , the bishops being faithfull stewards heereof ought to minister all necessaries to them that desire to liue in common , so that among them none want , for these things are the oblations of the faithfull , by these meanes the cathedral churches gouerned by the bishops haue by gods help had such increase , and so many so well prouided , that among them none that liueth in common wanteth any thing , but receiueth all necessaries from the bishop and his ministers . and therefore if either now , or heereafter any shall take those lands , let him bee accursed , &c. out of which testimonie , first it appeareth , that the communitie of things lasted in some sort to this time , and therfore tithes are not spoken of so long as this communitie was in vse . it is also apparant by that which followed , that this thing was the first occasion that the community ceased , and that tithes came in vse againe . secondly , we obserue that the land and temporalties of bishops were not for this end , and vse giuen them , that they should keepe all to themselues , but that they thence might comfort such as wanted , especially in the ministery . thirdly , it appeareth plaine sacriledge to take such lands and temporalties away from the bishops and the church . for first the lands were sold and the price giuen , afterward the lands were giuen , if it were in the choise of the giuers , whether they would giue the price in money , or in lands : i demaund this question , when they gaue the price in money , was it not sacriledge to take it back againe , or any part thereof ? as ananias and saphira did , act. . now if it were such sacriledge to take backe the price , is not the same to be thought of the lands themselues ? for in this question , what difference is betweene the lands , and the price of those lands ? now whereas the question may be moued concerning abby lands , which were giuen for superstitious vses : first the ciuilians and canonists are agreed vpon the poynt : for the canonists hold that a custome may make a law how erroneous soeuer the beginning was : the ciuilians iudge that if a thing be giuen to the church for vnlawfull vses , those vses must bee altered , but the thing remaine . but now admitting that an errour in the beeginning make a nullitie in the gift from the beginning : yet we say this toucheth not bishoprik lands at all , for whoseuer is diligent in the story of the church , will confesse a great difference betweene lands giuen to bishopriks , and to abbyes : for bishoprick lands were giuen presently vpon the planting of churches . and no story can shew that euer there was a church planted in the best times : but either lands were committed to the gouernment of bishops for the vse of the church , or else the price was brought to them , who then gouerned the churches : but in abbey lands the case was nothing like , for this indowment of abbyes with lands was of late , in the time of superstition , brought in vse , not vpon the calling and planting , but vpon the corrupting of churches , for which cause it must be confessed that these two things , are not to be spoken of confusedly , as if one and the same case were in both , seeing they are from such differing beginnings , and for such differing ends . thus much then may be drawen , i say not from urbanus his testimony , but from the practise of the church in the apostles times , that whatsoeuer was giuen to the church , there being no errour or superstition in the gift , that of right ought to remaine to the church and to take that away , is sacriledge , what is sacriledge if this be not ? now as this doth maintaine the right of bishops temporalties to the church , because that gift was giuen to the church in the beginning without errour or superstition : so it maintaineth the right of tithes , which haue beene giuen by the common consent of christians to the church . if there were no other right sauing this , that tithes haue beene dedicated to the church , and in that dedication there was no errour or superstition , this were enough to proue that tithes could not be taken away , no more then ananias and saphyra might take away any part of that which they had vowed to the church . but when we haue this reason added to the expresse will of god , that all tithes are the lords , alwaies to bee giuen to him , as we haue shewed , heerein must needes be double sacriledge , and manifest impiety committed , to take that away from god , which god and man hath decreed should be his . a learned and godly minister of scotland hath set foorth of late certaine sermons against sacriledge , yet not touching this question of tithes in this sort , but rather declaring his opinion , that in some cases tithes might be changed into another meanes of sufficient prouision , if such godly zeale were now among men , as was of old time , yet these cases wherein this change may be admitted , hee doth not open , but as now the zeale of men standeth , hee is vtterly against the change . but it fareth with him , as it must needes doe with all that sincerely write eyther against sacriledge or for the maintenance of ministers , for let a man throughly touch these points , and will hee , nill hee , hee shall proue tithes due , as this man doth , though not purposing the same , for hee proueth , that to take away any thing of that which is holy to god , is sacriledge . now that tithes are euer holy to god , wee haue proued , both dedicated to him by man , and aduouched by himselfe , so that of all things that can bee called holy in this sense , nothing hath that place before tithes . if then sacriledge be in taking away holy things from god and his church , it appeareth more in taking away tithes , then in any other thing whatsoeuer . neither can sacriledge heerein be excused though men should establish something in place of that holy thing taken away . first , beecause the changing of holy things is sacriledge no lesse ( though happely a lesse kinde of sacriledge ) then taking away of the same . if nabucadnezzer hauing taken away the holy vessels out of the house of the lord , should in place thereof haue put some other : might his sacriledge thereby be excused ? or beltassar taking the vessels of the lords house , and in them banquetting with his lords and concubines , if he should in stead there of haue placed other , could any iustifie his sacriledge therefore ? no more can the taking away of tithes bee iustified , though something in place thereof should bee appointed by men . secondly , againe albeit wee should admit , that in some things of the church this might bee done , yet that it can bee in tithes wee vtrerly denie , vnlesse it bee proued that the change is made by the same power and authoritie by which tithes are made holy to god : now wee haue shewed that man did not make tithes holy to god and his church , but the lord himselfe . heerein then wee haue not onely the consent of man , but the expresse approbation of god , so that if all the men of the world should agree to change tithes , yet this would not make it lawfull without expresse warrant from god , who hath appropriated tithes to himselfe , and out of his owne right assigneth them to the maintenance of the ministerie . thirdly , what reason should moue any man to thinke it sacriledge , to take away lands giuen to the church , albeit giuen for superstitious vses ; and yet thinke it no sacriledge to take away or change tithes , which were not giuen for superstitious vses , but for maintenance of preaching ? for hee that alloweth some other prouision in place of tithes , graunteth that to take away tithes in some case , is not sacriledge : if the restitution of some prouision in place of tithes could salue the sacriledge , why may not the sacriledge of men bee excused , who take away as much of the church lands as are at the value of tenne thousand pounds , and in place thereof giue tenne pounds ? for when any thing is taken away , that a thing of the same value should bee restored , who can expect ? and and who shall bee iudge ? if then to giue some thing in place of that which is taken away , salue it from the crime of sacriledge , who seeth not to what a wretched estate the church must needes bee brought ? for may not all bee taken away , and something bee giuen backe in place thereof , and yet that something bee as good as nothing ? but they who admit that tithes may bee taken away from the church , doe it with this caution , so that a sufficient prouision bee left . this is a castle in the aier , that neuer stoode on the earth . for if wee speake of the ordinary maintenance of the preaching ministerie , a sufficient maintenance is not , neither at any time hath beene without tithes , and in this point the world is not like to alter . then to speake of a sufficient maintenance without tithes , is but a conceit in the braines of some men , which neuer was brought into action neuer will be : god allowing a sufficient maintenance to the ministery , nameth it tithes . now what stipend can man name that will supply the place of tithes ? i suppose it would much trouble the wisest to name a stipend that would bee sufficient at all times , but tithes are sufficient at all times , howsoeuer the price of things rise or fall , the minister hath his part with his people in all estates by tithes : which proportioning of the ministers estate making it able to answere all estates a like , whether deare , or cheape : proceeding from the wisdom of god cannot be bettered or matched by mans wisdom . were it not then much easier to bring that ordinance in vse , which standeth so agreable with the lawes of god , & nature , & of godly kings : then to deuise strange courses , which neuer were in vse ; and being deuised will neuer proue sufficient ? but let vs returne to the vse of this time whereof wee speake . the vse of giuing lands to chiefe churches , whether begun before urban , or by him , so much as in him lyeth , he confirmeth , prouiding that those lands so giuen may bee retained to the vse of the church , such lands and possessions were then giuen to the head churches of euery countrey , and committed to the bishops who gouerned those churches , as to wise and faithfull stewards to husband the same , according to the necessities of the church through their diocesses . it grew afterward in processe of time , that the bishops held those lands for their proper vses , but this was from a latter vse , the distribution of church goods , being first brought into foure parts , and by little and little afterward , as authority so power to maintaine that authoritie falling into the hand of one man. the former vse was so ancient , that it is hard to fetch the beeginning thereof . in the time of urbanus origen liued , for hierom saith , that origen was . yeares old in the tenth yeare of seuerus , and died about the . yeare of his age , so hee liued long before and after the time wherein urban sat in the sea of rome . in his time that order of the church , which before was held in the communitie of all things decaying : tithes were accounted due , and called for . that thus they were accounted in his time , it appeareth by these testimonies : quomodo abundat iustitia nostra plusquam scribarum & pharisaeorum , si illi de fructibus terrae suae gustare non audent , priusquam primitias sacerdotibus efferant , & leuitis decimae separentur : & ego nihil horum faciens , fructibus terrae ita abutar , vt sacerdos nesciat , leuites ignoret , diuinum altare nonsentiat ? where origen for the farther manifestation of his meaning doth distinguish these tearmes , lex , mandata , iustificationes , praecepta , testimonia , but forasmuch as serueth our purpose , hee obserueth that it is not written , haec est lex decimarum , as it is written of things ceremoniall : haec est lex paeschae , lex azymorum , lex circumcisionis , where origen noteth that this is a mark of a ceremonie , for of such it is neuer written saith hee , hoc est mandatum paschae , but haec est lex paschae , &c. by which he proueth that tithes are no ceremonies , and he layeth downe this position , christus nos redemit de maledicto legis , non de maledicto mandati , nec de maledicto testimonij ; aut iudiciorum , which sentence would bee fauourably expounded , as taking usaledictum for the obligation which did bring the curse with it : but i seeke out onely the iudgement of origen for the point in question : vpon these reasons he saith plainely , hanc ego legem ( speaking of the law whereby tithes were payed ) obseruari etiam secundum literam , sicut & alia nonnulla necessarium puto , and againe , non videtur huinsmodi anima habere memoriam dei , nec cogiture , nec credere quia deus dederit fructus quos caepit , quos i●a recondit quasi alienes à deo , si enim â deo sibi dates crederet , sciret vtique munerando sacerdotes , honorare deum de datis & muneribus suis , farther he expoundeth that saying , mat. . these things you ought to haue done , and not to haue left the other vndone : to bee a precept no lesse for the vse of christions , then iewes . out of which testimonies we see plainely what origen ( whom hierom accounteth the most learned of the fathers ) esteemeth of tithes . of diuerse things so expresly affirmed by him , we may especially obserue two . first , that origen ( who by hieroms account was borne in the yeare of christ . ) had receiued from his elders no other knowledge of this question , then this , that tithes are due among christians , secundum literam , aswell as among iewes . secondly , it is to bee obserued , that as soone as wee first heare any thing spoken of this question in the church we finde that tithes were not accounted ceremoniall , or iudiciall , but morall and perpetuall precepts for the church . now as origen receiueth and reporteth the doctrine of the church before him , so immediately succeeding the apostles , for betweene the death of iohn the apostle , and origen were but . yeares , so that which origen heere deliuereth of tithes , was neuer crossed in the church following , till antichrist oppressed all . now this seemeth to mee , a very great presumption for the truth , if there were no more , that a sentence should bee kept in the best times of the church , so long vncontrolled , and neuer altered , till the mist of superstition came in , which changed all things . but let vs consider the rest which follow . next after origen followeth cyprian who reprouing geminius faustinus , whom geminus victor had made ouerseer of his will this hee sharply rebuking as being against the canons saith , that ministers ( or as he termeth them by a word in vse in that age , presbyteri ) haue nothing to doe with secular affaires : but as the leuites had no other businesse but to attend on the altar , so the lord had prouided for ministers , that they might not be drawen by worldly occasions from their holy businesse : but might liue of that honorable stipend with their bretheren , as they who receiued tithes of the fruit of the earth . &c. tanquam decimas ex fructu accipientes ab altari & sacrificijs non recedant , sed die ac nocte celestibus rebus ac spiritualibus seruiant . where he saith the ministers liued in honore sportulantium fratrum : it sheweth that auncient vse whereof we spake before , that the goods of the church , whether rents of lands , or tithes , or whatsoeuer other prouision , were in his time retained according to the ancient custome , in the bishops hands , and out of them did the bishop minister to the necessitie of euery one , for sportula was the stipend or allowance of each presbyter or minister , which the bishop then vsed to distribute among them , of the goods of the church . this was the ancient vse of the church , before the diuision of parishes : for at this time the diuision of parishes was not yet instituted , so wee finde tithes payed before parishes were deuided : but then brought to the bishop and by him distributed among the ministers . it is the common opinion that dyonisius did first institute the deuision of the parishes , who was bishop of rome by hieroms account in the yeare . that is some eight years after cyprians martyrdome or origens death , for they two dyed almost within one yeare . by this time parishes began to be deuided , and tithes orderly assigned to seuerall churches . heere the question may be moued , when began tithes to be distinctly assigned to their seuerall churches . this question wee mooue for our ministers at the common law , who following a common error , and taking vp some rumor without skanning , hould that tithes were not assigned to any certaine churches before the councell of lateran : and that in the former times before that councell , it was lawful for a man to pay tithes to what church he would ; so he paied , it was no matter to whom . but this is a tale not onely without all groūd of story , but against the testimonie of auncients : for presently vpon the deuision of parishes , it was assigned to what seueral churches tithes should be paid . gratian bringeth a testimony out of dionisius himselfe to proue this . ecclesias singulas , &c that is : wee haue assigned seuerall churches for seuerall ministers , and deuided to each their parishes and church-yards , & appointed that euery one should haue their proper right , so that none may intrude vpon the parish or right of another . the same is also confirmed by the testimonie of leo the fourth , who saith , de decimis &c. that is , concerning tithes not wee onely , but also those aunceaunts that haue bene before vs , haue thought good that the people should pay them to baptismall churches . by a baptismall chuch is meant such a chuch where all who dwell within the circuit of that parish ought to be baptised , and it is distinguished by this name from chappels , for albeit diuerse chappels were founded within the same circuit , yet it was the ancient order that baptisme might not bee celebrated in those chappels , but onely in the chiefe church in that circuit . this is confirmed out of a councell of toledo , plures baptismales ecclesiae in vna terminatione esse non possunt , sed vna tantummodo cum capellis suis. the counsel called cabilonense about the yeare . hath thus : ecclesiae antiquitus constitutae nec decimis , nec vlla possessione priuentur , ita vt nouis oratorijs tribuantur . and in case a man should build a church or chappell within his owne libertie , yet hee might not pay tithes to it , but the tithes must goe to the auncient church as in former times , for so saith a councel of wormes about the time of charles the great . quicunque voluerit &c. that is , if any man will build a new church within his owne liberty , hee may , so hee haue the consent of the bishop in whose diocesse it is , but then the bishop must prouide that the auncient churchs loose not their right and tithes , by these new , but the tithes are alwaies to be payed to the auncient churches . anastasius bishop of rome , ann. . hath two testimonies to the same purpose , statuimus &c. that is , we appoint that if any shall with-hold the tithes and offerings which the people are to pay , or shall giue them from the baptismall churches without the knowledge of the bishop , or of him whose duetie it is to looke thereto , and will not be ruled by their counsell , he be accursed and debarred from the communion . now if hence any shall surmise that hee may by the sufferance of the bishop doe this , because he is commanded without his knowledge not to doe it : that is answered , concil . wormac : that the bishop himselfe may not giue that license to pay tithes from baptismall churches ; and in an other place it is said , that if the bishop should do so , he should turne the house of god into a den of theeues , and should therefore bee excommunicate without hope of returne . againe , anastasius saith , quidam laici qui vel in proprijs , vel in beneficijs suas habent basilicas , contempta episcopi dispositione , non ad ecclesias vbi baptismum & praedicationem , & alia christi sacramēta percipiunt , decimas suas dant , sed proprijs basilicis , vel alijs ecclesiis pro libitu sue tribuunt , quod omnibus modis legi & sacris canonibus constat esse contrarium . the councell of chalcedon can. . witnesseth that the country parish churches were vnder the iurisdiction of seuerall bishops , and if a question rose to which bishop the parish belonged , . yeares prescription was required to proue the right . if any citie should bee afterward renued by the authoritie of the emperour , then the ordination of parishes should follow the new ordination of that citie . thus were parish churches vnder the gouernment of bishops , and tithes assigned to their proper churches , long before the councell of lateran : that counsell prouided nothing at all in this point , onely whereas the regulars and seculars were then deuising a trick to defraud the churches of tithes , the counsell prouided to take order to stop that iniustice , for the regulars and seculars when they let their houses or farmes , would couenant that the farmer should pay tithes to them , heereby the church to whose parish the farme belonged , was defrauded . to redresse this abuse the counsell of lateran , cap. . ordaineth that such tithes should not be payed to the land-lords , but to the parish church . this is the rather to be noted , because it openeth the manner and beginning of that wickednes , which came in by such fraternities , for from these beginnings impropriations came in , now the counsell cunningly helped forward the matter , for by taking away priuate authoritie , there was a priuiledge cunningly thrust into the popes hands , and therefore this abuse was forbidden by the counsell , because they who would doe it , must fetch a license from the pope , for before this time began those dispensations as heereafter will bee shewed . before wee proceede to the testimonies of succeeding fathers , one thing i would note concerning patronages of churches , for that is a thing not vnworthie of knowledge , and pertaining to the question which i follow . the church had of old , euen from the apostles times , or very neare them , lands and possessions , which were desposed by the chiefe of the clergy , that is , bishops , there were also , as parishes were distinguished , some portions of land assigned to euery parish church , ministers then hauing temporalties , as now wee call them , it could not choose but questions might arise concerning those possessions . now when any troublesome question did arise , those godly men in the beginning would not bee contentious in the law , no not for their owne lands , wherefore because they should neither bee drawen from the seruice of the church through sutes , nor yet loose their land vppon the sute of contentious men : there were certaine temporall men appointed eyther by godly kings , whom marsilius patauinus calleth legislatores , or by such as gaue those lands , to be patrons of churches , who might be readie to defend , the church-rights , that the bishops and pastors might with more fruit , and lesse incumbrance apply their vocations . marsilius patauinus witnesseth thus much : dominium temporaliū quae sunt pro ministrorū euāgelicorū sustentatione statuta , est legislatoris , aut eius vel eorū , qui per legislatorem ad hoc fuerint deputati , vel per eos qui talia dederunt , si fuerint singularès personae , quae supra dicta temporalia dederint , et ordinauerint ex bonis suio ad vsum praedictum . qui sequidem sic statuti ad ecclesiasticorum temporalium defensionem & vendicationem , vocari solebant ecclesiarum patroni . nam antiquitus viri sancti atque perfecti ministri euāgelici christum imitari volentes , contra nullum voluerunt contondere iudicio . our purpose is not to stay in examining euery defect in marsilius , whereunto he was carried by an earnest welwilling to the emperours cause , and an hatred against the abuses of the church as then it stood . onely we note that temporall patrones were appointed by the first doners , not to bestow church-liuings , as now they doe , but to defend the right of the land giuen to the church . for at the first , patrones had no more right , neither could retaine any more to thēselues then that which was common to all . this appeareth out of diuerse testimonies ( which i cite onely for storie sake : for although these be not vndoubted testimonies , yet vndoubtedly this vse may bee made of them ) whereas one iulius had founded a church , gelasius writeth to senectior bishop of that dioces , wherein the church was founded , to dedicate the same . prouided , that first iulius did resigne the donation : and he must know that he can retaine therein no right to himselfe , praeter processionis aditum , qui omnibus christianis dibetur . what is ment by processionis aditus , i leaue to the canonists to expound : but by the words it seemeth to be a thing common to all christians . it is likewise witnessed , that one frigentius , founding a church , retained no more then the former . the same is confirmed by a constitution of the fourth toletan councell . nouerint conditores basilicarum in rebus quas eisdem conferunt , nullam se potestatem habere , sed iuxtà canonum instituta , sicut ecclesiam , ita & dotem eius ad ordinationem episcopi pertinere . but in the same councell it is graunted , that the founders of churches in their life time onely may nominate a minister to the church . thus much concerning the beginning of patronages : where wee may note how far this thing among many is drawen by corruption frō the beginning : for patrons were first instituted for defence of the church rights from the wrong and insolences of corrupt and contentious men . but the rights of the church , are at this day euery wher ouerthrowen , as it were by a common conspiracie of men , against the church & ministerie , partly by auncient corruptions , partly by latter . and where can the church haue her right , for corrupt customes ? but doe the patrones stand in the gap to defend the church-right ? doe they not looke on whilst enery one maketh hast to carry away the spoiles , one inuiting another as to a common pray . they will say , it were to much for them to defend the church in this spoiling age : yet this they should doe from the beginning . sed quis custodiat ipsos custodes ? but i returne to my storie . wee haue shewed out of such records as are least , when tithes began to be established in the church , after the apostles : how parishes were seperated , and tithes seuerally assigned to each limitation ; that the vse of paying tithes to limitted churches was not a matter deuised by the councell of lateran , but in better vse , and more incorrupt order before that councell then euer since : that the vse of patronages in the beginning was for the defence of the church-rights . now we are to inquire how the succeeding fathers did write of tithes after they were once assigned to particular churches . chrisostome teaching an husbandman how he may be a worthie christian and doe good workes though hee build no churches , saith : quasi ducta vxore vel sponsa , vel data virgine , sie erga ecclesiam affectus esto , dotem ascribe illi , ita benedictionis praedium multiplicabitur , quid enim non erit illic bonorum ? parumne est obscero toreular benedici ? panumne est deum ex omnibus fructibus prius partem ac decimas accipere ? ad pacem agricolarum hoc vtile , and presently after , preces illic perpetuae propter te , laudes ac synaxes propter te , hee doeth not onely teach them that they ought to pay tithes , but he giueth these reasons , because their seruice , prayers , preaching , is for thee : and because this is the meanes to haue a plentifull blessing vpon the rest , hee witnesseth also the same vse of paying tithes in his time , by reproouing the abuses of bishops and ministers , when they seemed more carefull to receiue tithes , then to procure the good of the people , of which sort many were in his time , and many moe are in our dayes : si populus decimas non obtulerit , murmurant omnes : at si peccantem populum viderint , nemo murmurat contra cos . hierom speaking in the person of a minister of the gospell , saith thus . if i then being a part of the lords inheritance , take not my part among my brethren , but as a leuite and priest , liue of tithes , hauing meat and raiment , heerewithall i am contented . againe he saith , quod de decimis diximus , quae olim dabantur à populo sacerdotibus & leuitis in ecclesiae quoque populis intelligito . in which place he saith farther : ecclesiae populis praeceptum est dare decimas , for proofe he alleadgeth s. paul , the elders that gouerne well , are worthy of double honor , especially they who labour most in the word and doctrine , expounding honour , maintenance : and vnderstanding that maintenance , tithes . out of which testimonies of hierom ( who is by erasmus iudged the most learned of the latine fathers ) it may be obserued . first , that the precept of tithes is taken to bee part of the morall law , and ought to be in no lesse force among christians then among iewes , such strangers were the learned fathers in these late deuises which now are found out , that tithes should be ceremoniall or iudiciall , for albeit these tearmes , decimae debentur iure diuino , were not in vse in those auncient times , yet the fathers expresly deliuered that which is aeqiualent , that christians are bound to the law of tithes aswell as iewes were : that the precept for paying tithes is now to bee vnderstood in the church secundum literam . secondly , we obserue that the reasons vsed in the new testament by the apostles doe truely in the fathers iudgements conclude for tithes , and not for the pretended competency , which thing was vtterly vnknowne to the fathers . ambrose faith : quicunque recognouerit in se quod sideliter non dederit decimas , modo emendet quod minus fecit , quid est fideliter dare ? nisi vt nec peius , nec minus aliquando afferat de grano , aut de vino , aut de fructibus arborum , aut de pecudibus , aut de horto , &c. in augustins time , it seemeth the people , at least in africa , were very negligent in paying tithes , and therefore hee exhorteth them very earnestly to that duetie , maiores nostri ideo copys omnibus abundabant , quia deo decimas dabant , & caensari censum reddebant : modo autem quia discessit deuotio dei , accessit indictio fisci : noluimus partiri cum deo decimas , modo autem totum tolletur . in which place he witnesseth two things . first , that it was the custome of the church long before his time to pay tithes . secondly , that this thing pleased god so much , that hee blessed them who vsed it , so that therefore they had abundance : and that men now in his time wanted , because they were not faithfull in this seruice of god : and therefore preaching vpon the . psal. vpon these words , he maketh the grasse to grow vpon the mountaines : he compareth the husband man to the mountaine , that receiueth raine and bringeth forth grasse , hee compareth preaching to the raine , and tithes to grasse , ecce mons es , accipe pluuiā , & da faenū , and therefore a little after he saith exime partem aliquam reddituum tuorum , decimas vis ? decimas exime , quanquam parum sit , dictum est enim quia pharisaei decimas dabant , & quid ait . dominus , nisi abundauerit iusticia vestra plusquā scribarum & pharisaeorum non intrabitis in regnum coelorum , & ille super quem debet abundare iusticia tua , decimas dat , tu autem vix centessimam das . where s. augustin expoundeth the words of the gospell as origen and other fathers did , as no lesse belonging , yea much more to christians then to iewes . hee speaketh not doubting ( as some vnderstand his words ) but because the people of his country were so far from performing this duetie , if there bee any doubt in his words , it is onely in this , whether the tenth part were not too little , for so doth his words imply , decimas vis ? decimas exime , quanquam paris sit . and he whom thou must exceede in righteousnesse payeth tithes , whereby he implyeth , that thou must pay more , for hee doth not leaue it at the peoples libertie to pay tithes , or not to pay , as some take it : but sheweth them that were so far from this duety , that they ought to pay tithes and yet doe more then that . leo the first , liued in s. augustins time , but yonger ; gratian citeth his words thus . nullus decimas ad alterū pertinētes accipiat : not long after this , the councell called marisconense . was held , wherein it was thus decreed . leges diuinae sacerdotibus & ministris ecclesiarū pro haereditaria portione omni populi praeceperūt , decimas fructuū suorū sacris locis praestare , vt nullo habere impediti , spiritualibus possent vacare ministerijs : quas leges christianorum congerics longis temporibus custodiuit intemeratas . vnde statuimus vt mos antiquus reparetur , vt decimas ecclesiasticas omnis populus inferat . this councell was held about the yeare of christ : . the testimonie of the fathers of this councel is to be obserued they witnesse that the ordinance of tithes was very auncient in the church before them : and as auncient , so vniuersally receiued among christians . they witnesse likewise that the right thereof is from the law of god. before this councell almost an hundreth yeares , was held the first councell of orleans , which affirmeth the same . after this the same truth was likewise cōfirmed by diuerse councells . concil : caebilonēs : . cap. . concil : melens . cap. . concil . valent. cap. . concil . foreiuliens . cap. vlt. concil . mogunt : cap. . concil . rothomag . which is thus cited by gratian : omnes decimae terrae , siue de frugibus , siue de pomis arborum , domini sunt , & illi sanctificantur ones , boues , & caprae quae sub virga pastoris transeunt , quioquid decimae euenor it sanctificabitur domino . the fathers of this councell show that they vnderstood the precept of tithes leuit . . literally , no otherwise to be vnderstoode for iewes then christians . concil . triburiens . cap. . and . saith thus : quid si dicerit dominiss , nempe meus es ô homo , mea est terra quam colis , mea semina q●● spargis , mea animalia quae fatigas , meus est solis ardor : & quum omnia mea sint , tu qui manus accomodas solum decimam merebaris , sed seruo tibi nouem , da mihi decimam , si non dederis decimā auferam nouem , si dederis mihi decimam multiplicabo nouem . si ergo querat aliquis cur decimae dantur , sciat quod ideo dandae sunt , vt hac deuotione deus placatus , largiùs praestet quae necessaria sunt , & vt ministri ecclesiae exinde releuati , liberiores fiant ad spiritualis exercitij explecionem . gregory the first saith thus : sicut offerre in lege iubemini , fratres charissimi , decimas rerum , it a ei offerre contendite decimas dierum , where gregory expresly applyeth the precept of tithes written in the law to christians , teaching that christians in the law were commaunded to pay tithes . beda in his booke called scintillae proueth tithes due by scriptures and fathers , he citeth out of augustin : decimae ex debito requiruntur , & qui eas dare noluerit , res alienas inuadit . and againe : haec est domini iustissima consuetudo , vt si tu illi decimam non dederis , tu ad decimam reuoceris : and many other testimonies . caesarius arelatens . episc : saith , decimae non sunt nostrae , sed ecclesiae . walafridus strabo saith , decimas deo & sacerdotibus eius dandas , abraham factis , iacob promissis insinuat , deinde lex statuit , & omnes doctores sancti commemorant . leo the fourth , about the yeare of christ , . is thus cited by gracian , de decimis iusto ordine , non tantum nobis , sed etiam maioribus visum est a plebibus tantum vbi sacrosancta baptismata dantur , debere dari . about this time and after it , tithes were established by constitutions of princes , as by charles the great , and other . some learned men haue thought , because some princes haue made constitutions for tithes to bee payed to the church : that therefore tithes are held by no other right then princes constitutions . but before this time tithes were alwaies held by the lawes of god , and not of princes . i graunt if princes were so vngodly , as they were in the time of the apostles , that they would not yeeld to gods ordinance heerein , but would resist the same : then could not tithes be payed , as in the apostles times for that cause they were not , but the right ceaseth not , and as wicked princes cannot take away the right by stopping the practise : so godly princes cannot make a right , but onely confirme it , when by their good lawes they yeeld to gods ordinance . though ezekias by a godly law command the keeping of the passeouer : yet the passeouer may not therefore be called the constitution of ezekias . it is the more to be maruailed , that men of learning are so hasty in concluding that tithes are nothing but princes constitutions , because they finde them confirmed by some few princes . after this time the church succeding , agreed with the former churches in this opinion , as appeareth by the testimonies recorded . auent : lib. . anual . synod . arelat : cap . synod . anglic. cap. . in which place it is testified , that tithes ought to bee payed , as it is commanded in the law , they testifie also that no man can giue acceptable almes of the rest , vnlesse first he separate the tenth to the lord , which he hath appointed for himselfe from the beginning , they testifie farther , that many grudging to pay the tenth part , are therefore often themselues brought to atenth part : the same is confirmed by rabanus maurus , in num. lib. . ca. . & . leges boiorum apud auent . lib. . gregory . . apud auent . lib. . concil . warm . caus . . q. . nicolaus . ( about the yeare of christ . ) caus . . qu. . and thus in the story of tithes wee are come to those timees wherein the change began , for all this while there was no change thought of in this question . after this , began those late deuises wher of we spake before , for now the pope being growen to such an incorrigle pride and liberty , that he would do al things after his owne pleasure , no prince or emperour being able to bring him into order , began by his al-oppressing power to change this ordinance of tithes , which from the beginning remained vntouched till now , for after it was once found out , that all things holy & profane , were ready marchandise for them that brought most : then came in exemptions first , and afterward impropriations , transfering tithes from one to an other : when exemptions first came in , i cannot certainely define . in the schisme between two popes alexander the third , and victor the fourth , alexander preuailed by force & perfidiousnes , as they speake who write thereof , of him it is testified : cistercienses , hospitalarios , & templarios decimarum solutione exemit , before that time iohn xv . gaue the like priuiledge to saint benets monks at casinum as witnesseth leo marsican : hostiensis episcop . lib. . cap. . histor . casinensis monasterij , in these words . hoc vltra iohannem duodecimum , &c. in suo priuilegio autoritate apostolica addidit , nulli episcopo licere ab vllo ex populis monasterio subiectis , vel a quibuslibet vbique terrarum ad se pertinentibus ecclesijs , decimas viuorum seu oblationes defunctorum qualibet occasione percipere . this iohn was pope ann. . after this the marchandise of exempting and appropriating was well followed : this new practise of popes against the auncient ordinance of god was first maintained by the wit of alexander de hales , and after by thomas of aquine as we haue shewed . their deuise is that tithes are iudicials : they framed new distinctions to coulour the popes vsurpation , after he had first by impropriations broken the ordinance of god , and put tithes away from the teachers , which from the beginning of the world till these times , had not beene done before . all the schole-men in a manner follow these two in this question : who with their vnfruitfull disputations darkning the church , as they carried many parts of the holy truth into bondage , so it is not much to bee maruailed if this truth of tithes found among them the same intertainment , which other parts of the truth of greater importance did finde . after this time the right of tithes seemed to lie buried by the popes vsurpation , without great resistance : yet some were found though few , who against the flattery of schole-men , preserued the truth of this question . nicolaus lyra , albeit carried into some superstitions by the streame of those times , yet taught this point not after the late schole-men , but after the auncient fathers . so did strabus an anglosaxon the author of the ordinary glosse . iohannes semeca , author of the glosse vpon gratians decrees , did withstand pope clement the fourth , exacting tithes through germany , which thing semeca tooke to be vnlawfull , and was therefore excommunicate by the pope , and put from the place of gouernment , which he held at halberstade . against which iniustice , semeca appealed to a councell , and had many great men fauoring his cause . whilst the contention grew hot betwene them , the death of them both ended the quarrell : the storie is in krantzius . and thus the pope oppressing all with his greatnesse , making open sale of tithes , instituting impropriations , laid wast the churches euery where . and in this sort they stood vntill the time of reformation began by the blessed labours of them whom god raised vp for that seruice . after which time the opinion that tithes were ceremonials was first deuised . chap. vi. the obiections answered , and the point in question confirmed . thus far haue wee followed the story of tithes from the beginning , though not so exactly as might be wished , yet so as serueth sufficiently to shew how the right of tithes haue stood : that they were alwaies due to the teachers of the church , before the law , vnder the law , and in the time of grace . and this is sufficient to shew that this thing belongeth to the morall law , and so to the law of nature . for that which alwaies remaineth the same in all ages of the church , doth surely belong to the moral law . thus haue tithes alwaies stood the same in all ages of the church , vntil late corruptions breaking in like a flud , haue taken away the knowledge and right difference of things . but if a man with iudgement think of the matter , he will confesse that late vpstarts opinions , especially such as are maintained neither by scriptures , auncient fathers , nor reasons ( for they who hould tithes from the church haue no other argument then such as moued the pope to take them away , might , and vsurpation , and that most pleasing reason of gaine ) a man i say of iudgement and indifferencie must needes yeeld that these later opinions ought not to prescribe against so auncient a truth . now least any scruple might remaine , wee purpose last of all to consider the obiections moued against our conclusion . bellarmine passeth somewhat hastily by it , and maketh but one obiection , but alphonsus tostales bishop of abula doth insist in the question and seeketh to breed more trouble . first hee would prooue that tithes belong not to the law of nature . secondly , not to the morall law . and first he obiecteth thus : god did institute in the olde testament , that tithes should be payed , therefore this is not pertaining to the law of nature : the reason is , that which is naturall is not instituted by a law , for vnto such things the bond of nature sufficeth : we answere , we finde many things instituted in the law , which out of question belong to the law of nature , as the whole decalog . abulensis reasoneth against this answere thus : things pertaining to the law of nature , are not put among other precepts , but onely they are contained in the decalog , tithes are put with others . i answere to this last obiection , and to the former thus : tithes haue two respects . first , if wee respect the generall ordinance of tithes , they were not instituted in the law , for this ordinance was before the law , and so tithes were alwaies the lords , as wee haue shewed . secondly , if wee respect the particular assignation of tithes to the leuites , this is all which was instituted in the law . now this leuiticall assignation is put with other precepts , but the generall ordinance of tithes is included in the decalog . the parts of this distinction we haue proued , wherefore all that abulensis can proue by this argument , is onely this , that the leuiticall assignation was not belonging to the law of nature , which we yeeld . againe , where he saith , nothing belonging to the law of nature is set among other preceps , this is false : for those things which are included in the decalog , are often repeated among other precepts , therefore idolatry , whordome , and such like are forbidden , not onely in the decalog , but among other precepts : vsury is against the law of nature , as naturall men haue witnessed , yet it is set among other precepts , and the prophet ezekiel sheweth that all these , vsury , idolatry , whordome , &c. are the breaches of the morall law , ezek. . therefore those things that beelong to the law of nature are set among other precepts . to that obiection which abulensis draweth from iacobs vow , we haue answered before . farther he obiecteth thus : if they were of the law of nature , then should all nations be bound thereto , to this wee haue answeared before , shewing that all christians haue thought themselues bound thereto , and that euen heathen men haue thought no lesse . another obiection is : if they belong to the law of nature , then should they be due to gods ministers ; and yet in the old testament tithes were not giuen , nor any part of them , to the priests , which were gods chiefe ministers , but onely to the leuites which were ministers of lesse place . i aunswere : where as abulensis saith , the priests had no tithes , which saying he often repeateth ; we think it enough to aunswere him with the authoritie of other . lyra a iew borne and more skilfull in the auncient affaires of the iewes , then abulensis , vpon the . heb. saith thus : leuitae generaliter recipiebant decimas a reliquo populo . inter leuitas autem illi qui erant maiores illius tribus , videlicet sacerdotes summi filij ▪ aaron , non solum accipiebant decimam à populo , sed etiam de parte leuitarum recipiebant , quae vocabatur decima decimae num : . this testimonie spoileth his argument . hierom also witnesseth asmuch , in malach. . againe , in the language of the fathers , this word leuites vnder the gospell is alwaies vsed for a preaching minister . whereby they signified that tithes were due to labouring ministers . bishops were otherwise prouided for : albeit in the beginning bishops had the distributing of such things among the ministers . he obiecteth farther . when god disposed of tithes num. . he saith : i haue giuen the tithes to the children of leui , for their seruice at the tabernacle , &c. wherein is meant , that he gaue this possession but of late to the leuits : and therefore commanded them to possesse nothing among their brethren ( thus much we graūt , what is the conclusion ? ) now if tithes were due by the law of nature , then would not god take from them the right of possessing the land among the israelites . wee aunswere : this last inference is deuided , ther is no proofe brought for it , neither is there any affinitie betweene the antecedent and consequent : for god may command the leuites to possesse no lands ( other then was assigned to them , which was a large portion ) because no worldly businesse should call them away from the seruice of god , and because the ministers of the gospell might bee instructed , not to intangle themselues with the affaires of this world to much , in which sense the apostle giueth that instruction to timothie : no man that warreth doth intangle himselfe with the affaires of this life , beecause hee would please him that hath cosen him to bee a souldier : and yet the generall right of tithes may belong to the law of nature for all this . but admitting the conclusion , we say it concludeth onely of the leuiticall assignation , not of the generall ordinance . another obiection is . the leuites by the law of nature were not dedicated to the seruice of the tabernacle , therefore the tenth was not determinable by nature . we answere : the dedication of the leuites to the seruice of the tabernacle was ceremoniall . that therefore tithes should be ceremonial , the consequence houldeth not : no not so much as to proue the leuiticall assignation ceremoniall . it proueth that assignation onely temporary not perpetuall : for it is to last no longer then the seruice of the leuites . this is all that can be truely inferred . another obiection is thus : that thing is onely pertayning to the law of nature , whose bond and duety may bee determined by naturall reason , but naturall reason doth not determine numbers , for there can no naturall reason bee brought , why rather the tenth part then more or lesse should bee payed . wee answere by distinguishing both lawes naturall and morall . if wee vnderstand the law of nature to reach as farre as the morall law in his largest sence , ( as abulensis vnderstandeth it ) then tithes belong to the law of nature , euen as doth the sanctifieng of a seauenth day to god , and naturall reason doth aswel determine the tenth in number as the seauenth in number . and because abulensis taketh naturall in this sence , ( for in leuit. cap. . qu. . he saith : moralia praecepta naturalia sunt ) therefore in answering whensoeuer i admit tithes to belong to the law of nature , i would bee vnderstood to speake in this sence . but if wee take the law of nature , for that which floweth from naturall principles and is manifested to the naturall man by naturall meanes : so wee graunt tithes not naturall . we may also distinguish things morall , for either they are morall by diuine institution , or by nature : things morall by nature are those that belong to the law of nature , in which sence the morall law and naturall law is all one . but morall by institution are all things beelonging to the true worship of god ; which things as they come not from the principles of nature , so they are not knowen to the naturall man. among these things are a sanctifieng of a seauenth day by god , and sanctifieng of tithes to god : which things are morall by diuine institution , and so naturall by a secondarie declaration after , and vpon the law of nature , and in that sence reduced to the law of nature , as all things that are reueiled in the true worship of god , being morall , not by nature but by diuine institution . another obiection is : if it were morall , then must it remaine as it then stood , but then it stood so , as to bee payed to the leuits , not to the priests , therefore it should not now bee payed to the priests , yet now it is payed to the priests , wee aunswere , this is a fallacy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the ambiguitie is in this word priest. they are not now giuen to such priests as then were , but they are now giuen to the labouring ministers : who albeit in the time of abulensis were commonly called priests , and ( the word being vnderstood aright ) may iustly be so called : yet in truth they answere not to the priests of the old testaments , but to the leuites , as we haue shewed . againe , we haue proued out of lyra and hierom , that euen then also they were giuen to the priests . an other obiection is : tithes were the leuites right for their seruice : but there was no more reason to giue tithes to leuites , then to priests : this is answered , it resteth vpon those grounds , that no tithes were then giuen to priests , which is vntrue , and that tithes were assigned to the leuites which speaketh onely of the assignation , and not of the generall ordinance . another obiection is : the seruice of the leuites was a greater thing , then that which was giuen for their seruice : but the seruice it selfe ceaseth , therefore all the leuites right ought to cease : we answere , we admit the conclusion . all the leuites right ceaseth , that is that leuiticall assignation , but the perpetuall ordinance of tithes , as it was before leuy can not be taken away by the particular assignation . another obiection he frameth thus : if it were naturall , then it could not bee changed nor altered by any dispensation : wee answere , hoc illud est . this is the great obiection that carried abulensis , and all the rest to deuise these quirks and subtilties against tithes , wee can easily answere , that the popes dispensation heerein was vnlawfull and impious , but all meanes must bee attempted that mans wit can deuise , beefore the popes high crowne bee touched . this is the obiecton which onely was thought vnanswerable , all the rest are but brought to fill vp a number , as doing their seruice to this : now this reason is with vs of no strength , what accompt soeuer the papists make of it , and euen among them , there are diuerse which doubt not but that the pope doth dispense with some things euen against the law of nature , as appeareth by those cases , which are called casus papales , which are drawen also into verses beginning thus : si sit catholicus papam non iudicat vllus . wherein it is said that hee hath power to dispense in exemptions and periurie , to dispense with that which is cursed anathemate , to dispense against all the rules and canons of the church , to dispense with that sinne which is greater then adultery , and such like , and therefore no maruaile if he dispensed against the right of tithes . and these are the great reasons that abulensis bringeth against this question . bellarmine bringeth but one argument , and that to proue tithes not ceremonial , but iudicial , he saith tithes are not ceremoniall but iudiciall : nam non ordinantur immediatè ad colendum deum , sed ad aequitatem inter homines , but how doth he proue this ? for faith he , god commanded tithes should bee payed to leuy , because leuy was the tenth part of israell , that there might be a proportion betweene their estate , and the rest : we answere this reason for paying tithes is found in no scripture , but in bellarmines idle conceipt , who afterward misliking it , ouerthroweth it , and findeth leuy to be the twelft part of israell . againe , if this were a reason to pay tithes , then ought not tithes to haue beene payed before the law , for this reason had no place when abraham and iacob payed tithes , farther the reasons that are in the scripture doe ouerthrow this reason , for god assigneth tithes to leuy out of his owne proper right , beecause all tithes are the lords leuit. . if the lord before and in the law had right to all tithes , then this true reason both taketh away bellarmins false reason , and proueth that false which bellarmine saith , tithes had no immediate ordination to the worship of god last of all , if this reason conclude any thing against vs , that tithes are not morall , because they haue no immediate ordination to the worship of god , by the same reason it holdeth likewise against all maintenance of ministers , & yet they who denie vs tithes , graunt that some maintenance is due , and part of the morall law . now looke what ordination the maintenance which they yeeld vs , hath to the worship of god , the same we proue of tithes : but bellarmine saith asmuch for vs , as wee can desire , certum est ( saith he ) praeceptum de soluendis decimis , qua parte diuinum & naturale est , non posse vlla lege humana vel consuetudine contraria aboleri , ac proinde certum est , ecclesiam habere ius petendi decimas , etiam vbi consuetudo est , vt non soluantur , in hoc enim omnes theologi & canonistae conueniunt . if this bee so certaine , then it is also certaine that if it were not for the popes dispensations to the contrary , all papists would assent to our conclusion . by this graunt of bellarmins wee haue gotten somewhat , that all the schole-men and canonists , that is , in a manner all papists , hould that the precept of tithes is diuine and of the law of nature in some sort , and that therfore the church hath right to claime tithes ; which words would bee well noted , for if therefore the church hath right to demaund tithes , because in some sort tithes belong to the morall and naturall law , then are tithes neither iudiciall nor ceremoniall in any sort . for that which the church may alwaies demaund is naturall , and diuine . but the church , saith bellarmine , may alwaies demaund tithes , that is , the tenth part , though custome bee against it . therefore the tenth part is due by the law of god and of nature . now the church hath not alwayes right to demaund things ceremoniall , or iudiciall . by this which bellarmine graunteth , we haue enough , for he proueth that the quota pars is naturall and diuine . and whether bellarmine graunt thus much or not , the force of the truth will compell euery man to confesse that the thing which must of right alwayes be demaunded in the church , is naturall , and diuine . now certaine it is , that the church hath no right to demaund any other kinde of maintenance then tithes . abulensis ( who seemeth to bee much more curious then bellarmine ) moueth this question , quo nam iure debetur decima ? after much disputation , his resolute aunswere is , debetur iure canonico , quia non debitur iure naturae , nec diuino , nec ciuili , quum illud non imponat onera pro ministris dei , neque est enim aliqua lex ciuilis quae obliget omnes christianos , quum non sit aliquis vnus princeps secularis omnium , sicut est vnus princeps ecclesiasticus . in which wordes wee obserue the absurdities whereinto great wits must needes fall , when once they resolue to haue the truth , as saint iames saith , in respect of persons , for by this it appeareth what they would hold if the popes authoritie to the contrary , did not set a byas vpon their wits and words . first , he saith , tithes are due onely iure canonica , but what then must bee said of those times beefore this ius canonicum was inuented ? tithes were proued by the auncient fathers to bee due , when there was no canon law in the world , and were more sincerely held by the church before , then after the canon law came in , held by the fathers from the law of god , and no other . secondly , he graunteth that tithes are not due , iure ciuili , and giueth reasons why they cannot stand by that law , which are well to be marked , because , saith he , tithes are the ministers right through all christendome . now neither doe the ciuill magistrate impose those rights , neither is there any one ciuil prince that ruleth ouer al christendome , therefore they are not , neither may be imposed by the ciuill lawes . if this reason be good , then is it certaine that tithes haue nothing to doe with iudicials : for nothing is iudiciall , but that which may bee imposed by the ciuill lawes , this is an euident truth which none denieth that knoweth what are iudicials , whereby it is no lesse euident that abulensis doth vtterly ouerthrow all that deuise at once , which the schole-men so busily build vp . thirdly , wee reason from his enumeration of lawes thus : tithes are due by some law , either by the lawe of god , or by the ciuill lawes , and princes constitutions , or by the canon law . but abulensis and the rest of that side graunt that they are not due by the ciuill law , and princes constitutions : and wee proue that they are not due by the canon law , ( because they were more duely , more orderly , and sincerely payed and held before the canon law was inuented , then euer they were since ) therefore it must follow that they are due by the law of god. as this standeth against the papists , so it standeth no lesse strong against such as hold tithes princes constitutions : because it is proued that tithes were held as orderly , and duely in the church , before they were confirmed by princes constitutions , as afterward . princes indeed may confirme or forbid the vse , but they cannot make or take away the right . wherefore seeing all that standeth against vs is declared to be of no force : and that we haue proued that the maintenance in the apostles times , was nothing but almes : that tithes were established in the church as the auncient ordinance of god : that this ordinance is not iudiciall beecause it is holy , and of things separate from common vse : nor ceremoniall , because it was not ordained to remaine onely vntill the time of reformation , but remaineth after that time : seeing these things stand thus , we may safely conclude that tithes are now due to the ministers of the church by the expresse word of god , as they haue beene alwaies accounted in the best ages of the church . finis . notes, typically marginal, from the original text notes for div a -e numb . . . . king. . . spelunca latronum . ios. . . . kings . . exod. . . . . sam. . . sam . . . sam. . . psal. . psal. . notes for div a -e . lib. . doct . fid . art . . cap. . tom. . contr . lib. . cap. . . the first opinion refuted . . cor. ● . luke . . . tim. . . the second opinion refuted notes for div a -e gen. . . gen. . . verse . . verse . . iohn caluin , gen. . . . . to. . con. . lib. . ca. . herodot . clio. plutarc . camil. plut. lucullo . lib. saturn . . cap . biblith . lib. . cap. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . hist. nat . lib . cap. . & . notes for div a -e leuit. . . num. . . whether tithes be ceremoniall . . . q. . art . ● . ad . . lib. . de indulg , cap. ●● . gal. . . heb. . . tithes not iudicials . . part . q. . . . . q. . art. . notes for div a -e hom. . in num . august . in psal. . notes for div a -e apol. cap. . hist. oct. lib. . cap. . defens . p●●● . par . . c. . cuns . . q. 〈◊〉 〈◊〉 matriabus ecclesijs . in dictione singularum parochiarum spiscoporum . lib de scriptor . eccles . orig. hom . in num. ibid. cyprian ep . . in honore sportulantium fratrum . inter decreta dionisij & caus . . q. . caus. . q. caus. . q. plures . ibid. eccle. ibid. qnicu● ibid. statui● ibid. q. . caus. . q. . defens . pac . part cap. . or as the glosse seemeth to read the dotation . caus. . q. . ibid. concil . tolet. . can . . hom , , i● act. hom. . in mat. ad nepotia . de vitacler . in malach. . . . tim. . in serm . quadrages . lib. . homoliarum homel . . caus. . q. . concil . matif . . can . . caus. . q. . hom. . in euang , hom : , de rebus ecclesijs . cap. . caus. . q. . . chron . catus . test . veril . tom . . lib. . notes for div a -e abulens . in mat. cap. . qu. . . tim. . . apud francis . astesanum itē hostiensē . de cleric● lib. . ca. . to. con . . lib. . c. . in mat. , q. .