CHAP. I. Containeth the Preface or Introduction.
IT is and hath been often in my thoughts, to communicate mine Apprehensions touching that Ball of Contention, and rock of offence, and snare to tender Consciences, the payment of Tithes, as now they are payable and required by Law of the Inhabitants of Towns and Villages within this Commonwealth. This is looked upon by some as a very great burden to the people of these Nations; and not only so, but as a great Let to the People of God, whereby they are kept from, or disabled in the doing of their [Page 2]dutie to them that teach them in the Word, and in doing good to all, especially to the Houshold of Faith, as Stewards of what the Lord hath entrusted them with, especially (as some hold) of the Tenth of their Estate judged to be the Lords portion by a moral Law (though not primarily, as neither is the Law of a seventh dayes Sabbath.)
Now (say many) when men are enforced to pay Tithes to Nobles, Gentlemen, Colledges, or such Ministers as are thrust upon them by corrupt Patrons or otherwise, and whom they cannot look upon as their Pastours sent of God and set over them regularly, hereby they are put out of their way, and the Lords portion goeth not the right way, but is diverted out of its proper chanel in the judgment of such as hold Tithes due by divine Right, which are not inconsiderable either for number, judgment, and learning or piety.
And (say others otherwise judgemented) it is a burden which we hoped the shedding of so much blood and expending such summes of money, would long before now have freed [Page 3]us from, but we are as we were (alas) an old penny for a new, and scarce that. Now I shall humbly propose a few considerations in order to the removal of these inconveniences, and for direction or advice to the giving of content to all considerable Complainants: (being for my part one of them that do judge the Tenth part of Estate, and Seventh of time to be holy to the Lord) And that those confusions which Antichrist his followers have brought upon the face of the Christian World may be taken away, and Gospel-worship be ordered in moral duties thereunto belonging, according to the will and mind of God and our Father, whose rules we ought to walk by in all observance both to him, and our neighbours. And if this be a trueth (which I know no learned Man to doubt of) that the subject matter of Church-admonitions and Proceedings is Bonum & malum, rectum & iniquum, pium & impium, that is to say, Good to be observed, and evil to be avoided; why should not Christs own way be walked in for the effecting of these things in his Church, and the particular Congregations [Page 4]thereof throughout the Common-wealth. And if it be a sin even for Magistrates and Sword-men Ʋzzah-like to cart the Ark of God, and pretend to keep it from falling without call and rule; how much more to protect sacriledge, and countenance Antichristian disorders, or at least (as others that are not of my mindhold,) to continue to force the People of God to pay Tithes unto them, that may as well by a civil Law require Bullocks, Goats, and Lambes, &c. for sacrifices, or instead thereof, or any such thing of Religious off-spring from Christians, Jewes or Heathens. We find in the stories of the Church, that this wicked practice of diverting Tithes out of their due course, was first practised by Romane Popes: when they were come to that incorrigible pride and liberty to do all things as they pleased. Then began they by all oppressing power, to grant, first exemptions, and afterward impropriations, transferring Tithes from one to another. And so in processe of time, when althings were ready merchandise for them that brought most, no marvel that [Page 5]the portion of the Lord which was to be payd by divine Rule to Church-officers in their particular Congregations, and disposed of by them in relation to the particular charges, were taken from them (as now they are kept from them) and either bestowed upon the Popes kinsmen the lazy Monkes, or else some such as could make best friends with any of the Popes creatures were exempted from paying any thing at all. And upon the dissolution of those irreligious houses, you cannot be ignorant how many filled their Mawes, and rode up to the very Horse bridles into those spoils, when those dens of theeves were routed.
Now because the Lords portion seized upon (as I said before) lay among the devoted things, all was taken together and made good prize. And because 'twas so, it must be so, or else (say our wise Men) Children of these Ancestours & Purchasers of these Tithes will be wronged, if they may not enjoy that which they or their Fathers purchased. But in other things they have a proverb Caveat Emptor, and a man may seize on his stollen [Page 6]Horse wheresoever he find it, and sometimes an honest mao may be in danger of his life for buying it, though meaning no harm. Why then should not the Lords portion berescued, and restored to him? And yet other things I shall briefly lay down in order to the making this good. That Tithes, as now payd are sinfully exacted and received and that the payment of them this way is injurious, burthensome sacreligious, or at least an hinderance to the performance of Christian dutie according to Gods Law.
CHAP. II. The main argument is taken from referring the duty of paying of Tithes unto its proper Law, and here is a short discourse of Lawes.
COncerning Lawes, I will for brevities sake referre them to three Heads: Divine, Civil, Canon. By Canon Lawes I mean the decrees of Councels, which were of great force when the mysterie of iniquitie was grown ripe. By Civil Lawes, I mean Princes Constitutions and Acts of Parliament. Now that Tithes did not receive [Page 7]their original from either of these Lawes were very easy to make good. For we find in Histories, that Tithes were more duly, more orderly, and more sincerely payd, before the Canon Law was invented, then ever they were since; and that they were not anciently due by the Civil Law and Princes constitutions till now of late years, is more then evident. And we know how generally Tithes have been held due throughout all the Christian World: And we know no one Prince hath power over all Christian Lands. And therefore it remaines that if Tithes be payable at all in Gospel times, it must be by the Law of God, and from it their due must take it's rise.
Now the Law of God is either Moral, Judicial, or Ceremonial: these things are known to every abcedarian in Divinitie. The work next will be to place the paiment of Tithes in its proper form, that we may by help of its proper scituation see the dutie of Princes and Parliaments to help the Lord against the Mighty, and to cause usurping Cesars to let alone that which belongeth to God, and [Page 8]to take that which is their own. Then will not men be so earnest to keep up Tithes as they are now paiable, nor make such hideous cryes as they do; set a work by such of Elies House, as know the Lord hath not owned them, and therfore desire not maintenance in his way.
According to those threesorts of Lawes before-mentioned there are three several opinions among men that are called Christians. The first that I wil speak of as being the newest and weakest, is that Tithes became payble by the Ceremonial Law. Now what is Ceremonial is either so Levitically (which all ceremonies are not, for there was sacrificing and other ceremonies in use before the Levitical Order) or else those ceremonies that were so in use before. Now if Tithes be Levitically ceremonial, then before the Levites they had no being or use at all. But if any shall say they were ceremonial before the Law, as sacrifices were in use and ceremonial before they were Levitical, viz. before those particular Ordinances for the manner of sacrificing were commanded, and therefore (so) ceremonial, I answer this is very [Page 9]plausible and probable, viz. that Tithes were ceremonies before the Law as well as sacrifices, and that certain particular Ordinances of paying them to the Levites, or the assignation of them to that worship of God, which was then in use may be called a Levitical constitution. But to make this opinion good ungainsayably, and to make the paying of Tithes, and offering of sacrifices to agree compleately: we must enquire into two things, first the Propriety, secondly the end of both Sacrifices and Tithes. For the first, the propriety of Sacrifices is not the Lords untill they are once offered to him, and till that time he hath the right and propriety in those things, that is about to sacrifice them. But in Tithes man hath no right at all, because they are all the Lords. In Sacrificing man sanctifieth of his own to God, which before offering is his own, and if he should not offer, it remaineth his own still, but paying of Tithes is not a giving but a rendring to God that which was his before: not to sacrifice is ungodliness, not to pay Tithes is injustice also. Therefore forasmuch as a ceremony [Page 10]standeth in giving to God what is a mans own not what is Gods before, paying of Tithes cannot be a ceremony. Secondly if we look to the end of a Sacrifice, it did signifie and type out the great Sacrifice, upon the Crosse, it was a carnal type of that holy Sacrifice, and was to have an end when that should be exhibited (and indeed the end of all ceremonies was to signifie something.) But who can shew such an end of paying Tithes or indeed any other end then Maintenance of the Ministery before the Law, and under the Law with some particular additional constitutions, and claimed, and challenged in the times immediately succeeding the Apostles, and by the consent of all, or the most Christians yielded to. Tithes were the Lords before he assigned them to Levi.
Object. All things are the Lords. Sol. In another sense then Tithes are. All things are the Lords, as he created them, and as by his Power he Rules over all, and as all owe him duty and homage. But Tithes are said to be the Lords in respect of, and by immediate right, more then the other nine parts; as the Seventh-day [Page 11]is his more then the other six. We might argue also from the definition of a Levitical ceremonie, and make a long discourse: but the end of my writing is not to prove Tithes due so much as to shew which is the way to help thē that fear the Lord to be able to give God his due, which must be by the power of a Law taking away Tithes, as now they are challenged, and payed rather to the Devil then to God, at the best to men upon a civil account, which is a snare to many a gracious soul.
There is a second Opinion that Tithes were payd among the Jews by a judicial Law. It seemeth to me somwhat absurd that Holy things and Worship should be referred to judicials. And besides they that have read Histories know, that this is an invention of the Popish Schoolemen: and though it be elder then the former Opinion, that Tithes were ceremonial; yet it is but at most four hundred years old, and was thought upon, to excuse the Romish sacriledge of appropriating parochial Tithes to the Popes kinsmen, Abbots and Monks, as D. John Reynolds [Page 12]upon Obadiah notably sheweth. For after the Pope had through corruption made Tithes away from their proper charges, to salve it, this errour was devised, and this is the second Opinion.
The last and most likely to be true (for I determine not absolutely) is, that Tithes are the Lords, and belong to such as are employed about his worship morally, and that to maintaine Ministers is a part of the worship of God, for so Jacob did worship God, Gen. 28.22. and that such as withdraw themselves from this duty, by withdrawing maintenance from Ministers, are robbers of God, Malachy 3.8. and mockers of God, Gal. 6.6, 7. And here I might make work, had I time and skill, and an inclination to make a Treatise of Tithes, to shew you the various Opinions that are now in England concerning Ministers, and their maintenance. Some scarce allowing any use of a Ministry, or Ordinances, others granting reasonable competent maintenance to be meet to be allowed; Others pleading hard for the continuance of Tithes as they are now [Page 13]paiable by Law and custome and to parish Ministers and Lay-proprietaries as they are called, or to Colledges, and so forth.
From all these I must crave leave to dissent, from the first sort, with detestation of their delusions and irreligiousness; from the second and third with a protestation, that I will yield when mine ensuing reasons are soundly answered, which keep me from closing with either opinion.
And here I shall as I am able, set down my present perswasion concerning paying of Tithes in these ensuing particulars.
1. That the present payment of Tithes is a grievance to this Common-wealth, a propagating of Antichristian sacriledge in regard of impropriations, an oppressing of Saints and ensnaring of the consciences of some that are unsatisfied touching their Parochial Ministers, and touching the thing it self viz. of paying Tithes, an hinderance to orderly members of gathered Churches in many places from doing their duty towards such as are their Officers orderly set over them, & a strengthening of Christs enemies prophane and scandalous and proud Ministers [Page 14]by giving or paying that to them which by God is appointed for such as are sent by him, and gifted and called according to rule.
2. That (with humble submission) it is the Magistrates duty to take away al these burdens and shares that lie on the states and consciences of the godly of the Land, and make them unable to discharge their moral duty in their proper Churches which is to communicate unto them that teach them in all good things, as the Lord hath ordained: compare 1 Cor. 9.14. with Gal. 6.6.
3. That Church members ought to be looked upon as a willing people, Psal. 110.3. and to be severely dealt withall for neglect of duty herein, as in other disorderly walkings, and not otherwise.
I mentioned but now three sorts, and rejected the first as not worth the taking notice of, for why should I look on them that deny the use of a Gospel-Ministery and Church-Ordinances, seeing they are not so much as out-side Christians? The second sort that would have Ministers to have an honourable and comfortable maintenance allowed to them, and setled upon them by Parliamentary [Page 15]power, do seeme to many to be far more commendable then the latter sort of which I am to speak by and by; but for my part I cannot agree to this opinion, for these reasons. 1. Because it dispenseth with the performance of that which is (most probably at least) a Moral duty, to wit paying of tythes where they are due. 2. Because it supposeth that Christians ought not to chuse their owne Church-Officers, or there to joyne, and so to give tythes where they enjoy the benefit of labours from him or them to whom they pay their tythes. 3. It forceth out from people money whether they will or no, which is not suitable to a Gospel spirit. 4. It is not so honourable a way as to share and share like in all sorts of blessings that God shall be pleased to bestow upon his people.
But for the last opinion and cry for the continuance of tythes as now they are payable; I much wonder that it hears so well from so many that seeme so wise and godly. Let me not seeme to be one of those that would perswade people to rob God, for that is farre from my thoughts. Nor am I against Universities, Schooles, Towne Divines, or [Page 16]Teachers of the ignorant, but do wish that out of such lands and estates as have beene forfeited to the Common-wealth, some might be imployed for these pious uses, and also do humbly present this to be considered whether it may not be fit by rates and taxes, to enforce such as walk not with well-ordered Churches, to maintaine such as are set by the Magistrate about any of the forementioned imployments: Methinks there should be wisdome enough in this present Government to finde out fit wayes and courses for these things. But that which I aime at is, 1. That we may not (according to the Proverb) Rob Peter to pay Paul, as the Pope hath done by robbing Parish Churches to maintaine Abbies and Priories, &c. which hath beene high sacriledge, and the cause of much confusion in the Christian world. 2. That members of well-ordered gathered Churches be not compelled to pay tythes (which belong to their proper Ministers) unto such as either Patrons thrust upon them, or the prophane multitude get in by an over-ruling Vote, or even unto such as being godly Divines appointed by Authority to teach all [Page 17]sorts, ought to be cared for some other way. Lastly, That only spiritual weapons be made use of to deale with Saints in matters that do purely belong to Religion, forasmuch as all do not see this truth of the Jus Divinum of tythes, and will be offended if they should be enforced by the Civil power to do that as a part of Divine worship, which they cannot see so to be.
CHAP. III. In this Chapter following Objections against this that hath beene said, are answered.
BUt some may say that this taking away of tythes by a Law, will be very injurious to Ministers, who will be exposed to poverty and want, and what justice can there be to inflict such punishments upon those who never deserved it? To which I answer, that pious and true Ministers of Gods sending, have the Lord for their portion: and although they should have nothing, yet they do possesse all things, 2 Cor. 6.10. and yet further, the Lord hath provided a liberal maintenance for them, as [Page 18]I have shewed before; He hath ordained, that they that preach the Gospel, should live of the Gospel; Christ hath declared, that the Labourer is worthy of his wages, Luke 10.7. And James the Apostle threatens them that keep back, &c. chap. 5.4. and many arguments are used by Paul, 1 Cor. 9.7, &c. to confirme this truth: but what's all this to continuing of tythes as they are now payable by Law, to Noblemen, Gentlemen, Colledges, Parish Priests, or any very unworthy men (who yet make the greatest cry) by this meanes godly people are disabled from, rather then holpen to do their duty to their godly Pastours and Teachers.
And further I answer, that Gods works are most beautiful when they are done in Gods way, and not according to the humoroussuperstitious brabling, contentious, customary wayes of men; If paying of tythes be a Moral duty (as it is supposed to be, at least secundariò) and it be confirmed to be in force (at least by consequence or equivalence) in the writings of the New Testament: Why should not Christians be left in this duty to Scripture rules and Church weapons [Page 19] (which are not carnal, but mighty, &c.) as in other parts of worship? But it may be replied, that then people will break bonds, and cast away Christs cords, and make little account of word or censure, &c. Will they so? Why then let our Ministers that are for promiscuous administrations, see their errour in that opinion, and the sinfulnesse of their practice, and learne hereafter to separate betweene the precious and the vile, and bemore faithful in their trust, and then God will teach men to be more forward to pay them their due, and to allow them at least competencies, if they be not convinced of this truth of the Divine Right of paying of tythes, which I wish were more searched into, as all truths ought to be without partiality.
Object. Object. But it will be an act of injustice to take away from men that which is their proper right by the ancient Lawes of men, and which men have bought and paid for, and to give it to such as have no right thereunto, whose it never was in any ones opinion (for indeed if tythes be not the Lords (as hath formerly beene shewed they are) they must [Page 20]needs be theirs whom Law and possession hath setled them upon) Now to take tythes from them that claim them, & receive them as their right by Law (which determines propriety) without allowing a valuable consideration, may seeme to be great iniquity.
Sol. Sol. To which I answer, that if to withhold goods from the owner be a sin, and forbidden (as it is) in the Word of God: then it can be no sinne in the Magistrate to judge the restoring of them to the rightful owner, and to turne the streame into its proper channel. The case is the same touching tythes, whether you look upon them as due by the Moral Law to Ministers, or as devoted in the elder times of the Gospel-Church, though for my part I rather believe the former; but we will not make more questions then need to divide the worshippers of God: The scope of this Tract being to evince the duty of this present Power to take tythes away as now they are payable, and to put people into a capacity of doing their duty.
Object. Object. But if the Lawes of men do not compel persons to do their duty, they will be re [...]isse and negligent, &c.
Sol. Sol. To which I answer, The Churches are to take cognisance of miscarriages in their proper and peculiar members, and they have not the power of the Keyes committed to them in vaine, it is not sword work, either Military or Civil, to force peoples consciences, but the work of the Spirits sword, as hath formerly beene hinted.
Quest. Quest. But what course then shall be taken to provide for such as are to instruct the world?
Answ. Answ. I answer, Churches may send out members, and the State (if they see it fit) may out of Gleeb-lands (so called) or other devoted Revenues, or by Taxes and Rates, allow such or any others whom they shall judge meet for that work of preaching (whether Church-officers or others) a convenient stipend or pay; provided that Churchmembers be not robbed of that which they are carrying to the Lord as his portion by his owne appointment and ordinance. There may be many wayes thought upon to furnish the Nation with able & godly Teachers and Preachers, either fixed or itinerary w ch may be authorized and maintained in this excellent [Page 22]needful imployment, if they be not Church-officers; and if they be Church-officers, then care is taken for them already by the Ordinance of God as hath beene shewed; and indeed such only are fit (unlesse in case of extreme necessity) for that work of publike preaching, and it will tend much to the making of peace among Professors of Religion, and it is very suitable to the ancient practice of the Church in the times after the Apostles. Athanasius against the Messalians, writeth, that there were diverse Bishops in some one Church, though not in that of Alexandria: And D. Sutliffe, de pont. lib. 1. chap. 5. saith, that Paul towne by towne appointed Presbyters and Bishops. And Epiphanius, cont. haeres. lib. 2. haeres. 27. And Eusebius also, in his Ecclesiastical story, reckons both Peter and Paul for Bishops at Rome, both at one time. But I lay not much weight on these things. Only to shew you that if in one particular Church there be divers Ministers, Bishops, Presbyters, Elders (call them by which of these names you will) there may be a sparing of some of them by course to instruct the world, and yet they may be [Page 23]ready also to preserve good order in the particular Churches to whom they do belong, and to propagate the Ordination (for the perpetuity of Churches respectively) others to succeed them from time to time upon the election of the members of each Church of fit men so to be presented to them to receive Ordination. And as Calvin, lib. 4. cap. 3. sect. 8, 15. & lib. 4. cap. 4. sect. 1. affirmeth that from among the company of the Presbyters some were chosen to be Pastours and Teachers, and the rest were Overseers and Censurers of the behaviours of the people: so why may not these by course, or some of them be chosen to preach and teach abroad, and receive their livelihood from the Churches to whom they do belong, out of the tythes paid in to them by the members, and due unto them as Ministers of those Churches? For I would not have you think that one man should scrape hundreds together from the Church (as some Parsons so called now do) but that tythes should be brought into Gods store-house (as we read they were commanded to be, Mal. 3.1.) and so imployed to the service of God in maintaining [Page 24]Ministers and Church-officers. But I am sensible of the running of my Pen. I therefore returne to the Answer to the Question, viz. that men of small reach may easily finde out wayes for instructing the world that do not submit to any Church. Bishops or Ministers of old had the care of both Cities in which they lived, and Countries adjoyning, and besides Church-members and others live promiscuously together in most places, & if they do not, care may be taken without so much ado for teaching and instructing all. Whole Cities or townes were not Churches in ancient time, neither ought they to be so now. We read of the Church of Smyrna, one of the seven Churches of Asia, where Polycarpus was Pastor, as soone as he was knowne to be a Christian, was martyred by the rage of the multitude, and that (as Eusebius, Eccles. hist. lib. 4. cap. 15. recordeth) in the sight of his owne people. The whole Cities there were not Churches; if they had been, how could the Church of Smyrna (writing to other Churches of the foresaid martyrdome) entitle her selfe the Church of God which is at Smyrna? And yet I will not deny but there [Page 25]might be some few here & there in the town and hamlets thereabout, which belonged to the Churches in the greater towns and cities, but not as now where Tavistock town is one thing, and Tavistock parish another, because it is supposed all that are within the precincts of the parish, must needs be members of the Church there, and so hath it beene accounted formerly: but I must confesse (without fear) it is otherwise now. And why may it not be so in other places? I teach all in the publike meeting-house, but do only baptize the children of such as are received and allowed members of the Church, and admitted to the Lords Table. And therefore (this question notwithstanding) I conceive, taking away of tythes, as now payable, will no way hinder the teaching of the world, but rather (as I have shewed) further it, when Church-members shall be enabled to pay their tythes to their proper Churches.
CHAP. IV. In this last Chapter you have the Conclusion with humble submission to the Churches of Christ, and to the Ministers of the Gospel.
IT is not my purpose to be either peremptory or prolix. I will therefore summe up all. Whether they shall read these subitaneous collections that hold that tythes are meer almes, which was the opinion of those who were called the Waldenses, which doubtless they were drawne to hold, upon the abuse of tythes which they saw under the Church of Rome; which opinion afterward came to be received and taken up by John Wickliffe and his scholars, as you shall finde it to be the 18 Article amongst those against him condemned in the Councel of Constance, and by John Hus a Bohemian, William Thorp an Englishman, as appeareth by their examinations recorded by Mr. Fox, which hath also since beene taught by Anabaptists and Trinitaries, as may be seene in a book de antithesibus veri & falsi Christi, Anno Domini 1568. Albae Juliae, and is followed by many now that would have Ministers and Church-officers to [Page 27]have right to nothing: Or whether they shall peruse what I have written, that hold for a reasonable and competent maintenance as due by Divine authority, which is the opinion of them of the Church of Rome, as Bellarmine declareth, Tom. 1 contr. 5. lib. 1. and is much received among our Writers of the Reformed Churches, cap. 25. Or whether they look upon these lines, that hold tythes due by the expresse Word of God, which is the judgement of the ancient Fathers from the beginning without contradiction, untill the Supreme Authority of the Pope took them away by meanes of impropriations: This is the conclusion, that as now they are payed by the Lawes and usages of this Nation, they cannot be warranted to be well paid: which to prove, I provoke any Divine, Lawyer, or other to make good by sound arguments out of the Word of God; and therefore that they ought to be taken away notwithstanding all that hitherto I have heard to be alledged for the keeping of them on foot.
If tythes be due at all, it must be either by the Law of God or men, if of men, either by Princes constitutions, or by the Canon Law, [Page 28]as I have said in chap. 2. They were paid before the Canon Law was invented, and better then since. And few plead Princes constitutiōs for their ancient payment in the Church, for they are held due in all the Christian world over, which no one Prince ruleth. And for our late paying of them by Lawes and Ordinances; if the Common Law were well applied, it would be found to be Malus usus, and therfore abolendus. Wherefore seeing all that can be said for continuance of tythes is declared to be of no force, seeing it is so injurious to the Churches, so oppressive to the people of the Land, so unwarrantable by the Word of God, the taking of them away so much defired by all that are the most considerable, & that this is the way to have them paid regularly by such as see that truth, & are so judgemented, or else to help them that are for a liberal maintenance, for Ministers to be able to do their duty according to their light: Seeing wayes may be easily found out for preventing all inconveniences that will come by their taking away, I conclude as Cato did his Orations, & semper diruendam esse Carthaginem. So, that by any means tythes as now payable [Page 29]of all sorts root and branch are by Authority to be taken away, in the judgement of T. L.