CHAP. I.

THat good Laws have been occasioned by evil manners, and that evil manners call for good Laws, to suppress and pre­vent them is an experimental, and undeniable truth: that the evil manners, the unjust, fraudulent, oppressive practi­ces of Tythe-payers are now more then ever audacious, and the violence of their oppressive carriage grown to that height and excesse, that it can no longer be endured, is known and felt by thousands, which wickednes former Law-makers were unacquainted with; whose Laws are now out-plodded. It is then high-time to detect and set out their wickednesse to the Magistrate, that it may be spee­dily suppressed by good Laws; to this end and purpose tends the ensuing Discovery of the Lawless Tythe-robber.

The only fundamental Law for the true payment of Tythes, is as followeth in the Statute of 2 Ed. 6.13. Every of the Kings Subjects shall from hence-forth truly and justly, without fraud, or guile, divide, set out, yield and pay, all manner of their prediall Tythes, in their proper kinde, as they arise and happen in such manner and form, as hath been of right yielded and paid, with­in fourty years next before the making of this Act, or of right or custome ought to have been paid: and that no person shall from hence-forth, take, or carry away any such or like Tythes, which have been yielded and paid within the said fourty years, or of right ought to have been paid in the place or places tytheable of the same, before he hath justly divided and set forth for tythe thereof, the tenth part of the same; or otherwise agreed for the same tythes, under the pain of forfei­ture of treble value of the tythes so taken or carried away. And be it enacted by the Authority aforesaid, that at all times whatsoever, as often as the said prediall tythes shall be due at the tything time of the same, it to be lawfull for every party [Page 2]to whom any of the said tythes ought to be paid, or his deputy or servant to view. and see their said tythes to be justly and truly set forth, and severed from the nine parts, and the same quietly to take and carry away.

Now I shall make it appear, that notwithstanding this Law or any other Act or Ordinance founded thereupon; The deceitful Tythe-payer hath found out frauds and evasions to make void the true intent of this L [...]w, and (without peri [...] or da­mage) to chea [...] the Tythe-receiver. For the plain di [...]covery of thes [...] frauds, I shall reduce them to three s [...]rts.

First, the craft used before the tythe is set out, to keep the Tythe-receiver from seeing his tythes set out, that the Tythe-payer may defraud, and [...]eal a [...] he list, in the tythe-receivers absence.

Secondly, the crafts they use at the time of Tything.

Thirdly, the frauds they vse after the Tythes are set out.

First, the frauds which unjust Tyth-payers use before any tythe is set out, to keep the Tythe-receiver from seeing his tythes justly set out. The substance of the recited Law is, That the Tythe-payer must set out his tythes truly and justly, and that he shall suffer the Tythe-receiver to see his tythe set out, and to take it away: But although the Law saith, he must suffer the Tythe-receiver to see his tythes set out: yet the Law saith not, no Tythe shall be set out, but in the presence of the Tythe-receiver, or his assignes; or that before the Tythe be set out, or things tythable, or any part of them be carried away, notice shall be given by the Tythe-payer to the Tythe-receiver, when the things tytheable shall be tythed, that the Tythe-receiver, or his Assignee may be present, to see the tythe justly and truly set out: The Tythe-payer (who is in possession of all the ten parts) is lost by the Law solely to himself, or his assignes to set out the tythe before what partial wit­ness he pleaseth to take, and to do this in the absence of him to whom the tythes are due. The Tythe-payer and none else hath by law, to do with the setting out the tythe. The Tythe-payers usually deny the Tythe-receiver to see his tythe set out. No mean one say, You shall see no tythe set out on my ground; The Parson hath nothing to do by Law to meddle about the setting it out, pray keep off: I know how to set out my tythe by Law, you shall not see it set out if you watch never so long.

It is true, that if the Tythe-receiver, or his assignes wait day and night, or hap­pen to come casually at the instant when the Tythe-payer is about to take and carry the things tythable ( I instance in Corn especially) Then indeed the Law saith, the Tythe-payer must suffer the Tythe-receiver to see the tythe set out: but here is the freedom that the Tythe-payer hath by Law to keep the Tythe-recei­ver from seeing his tythe set out. The fraudulent Tythe-payers (not being bound by Law to give notice when the things tythable are ready for tything, or to set out the tythes in the Tythe-receivers presence) do watch and take their opportunity day or night, to carry away their things tytheable, and to leave what Tythes they list for the absent Tythe-receiver: Now they are grown so cunning, that thereby they usually leave some tythe to prevent the discovery of the true value substra­cted, which would easily be known if no tythe at all were left.

Now the shift used of purpose by the Tythe-payer to hinder the Tythe-receiver, from seeing his tythes set out, are commonly these:

First, If the Tythe-receiver send to every farm, a waiter aboard the Ship [Page](I meane a man to looke after his tythes which is growne now to an intolerable charge) yet if the farmer have more plow-lands then one, he will of purpose send out two or theee Carts at once into severall fields, or places, knowing that the servant cannot be present at divers places at once.

2. If the Tythe-payers cart be come into the field and ready to lead the corne, yet if the Tythe-taker happen then to come there, they wil let the waggon or cart stand empty all the while the Tythe-receiver is present and wil go home empty, if he stay long.

3 If the Tythe-receiver wait all day upon the Reapers and Binders, the Tyth-payer will goe home at night leaving all the sheaves lying abroad here and there, but after supper or at midnight, when the Tyth-receiver is at home then the Tyth-payers waggon comes out, and then leave what Tythe they list.

4 If the Tythe-payers be loading corn in the day time, in the Tithe-receivers ab­sence, If they see the Tythe-receiver comming at that instant, they load as fast as possible they can, and as much as they can before he comes to them; They tell him they have loaded but so many sheaves, or shocks (ten sheaves heaped is a shock) when in truth they have loaded twice so many shocks or sheaves as they acknowledge, and the Tythe-receiver must believe them, they will not unload their waggon, nor suffer the Tythe-receiver to see it unloded, when it comes home, they cannot unload till to morrow, or till after dinner, &c.

5 If the Tythe-receiver desire the Tythe-payer to set out the tythe presently, or to tell him, when he shall come and see the tythe set out, or when he will tythe and carry his things titheable: The Tythe-payer will either answer with silence, or will say, he will not carry until to morrow, or until the afternoon, or until all the field be reaped or bound, &c. But the Tythe-payer takes his advantage here­upon to defraud the credulous Tythe-receiver, and before the time appointed carries his corn, hay, &c. and leaves what tythe he list: when a Tythe-payer was reproved for this fraud and breach of promise: [...]ush, said he, to his neightbour, do you thinke weel tel them when weel carry our come, and let them see the tithe set out?

6 They have a trick to threaten and affright, the Tyth-receivers servant off their ground; And while he goes home to complaine, they carry their come and leave what tythe they list.

7. If the corn be cocked or heaped in the Tythe-receivers absence the Tyth-payer will not load in order, but loads a heape here and there disorderly, and crosse and crosse the field out of order of purpose to keep the Tythe-receiver from the knowledge of what they carried away.

8. The law not appointing the tythe heaps to be marked by a bough, or the like; after they are set out for tythes: The Tythe-payers thereupon take advan­tage in the Tythe-receivers absence to eye and note out such a heap for tythe and leave it a while in the field, but they after take it away, and by this trick they can sweat it was set out or noted out for tythe, and left for tythe, though they had carried it away.

9 If the tythe be set out in the Tythe-receivers presence in one part of a field, the Tythe-payer will not carry any corn where the tythe is set out, but carry where no tythe is set out, in the same field or in another field in the Tythe-recei­vers absence, of purpose to cheat the Minister.

10 They pick out all the worst and least sheaves, and heap them and set them out for tythe, in the Tythe-receivers absence, and then they load the biggest sheaves and best corn for themselves.

11 They fee their men that carry their corn and hay, &c. and they (in the ab­sence of the Tythe-receiver) truly and justly tell the heaps and bough out the tenth, then comes another servant and puls off the Tythe-mark, and then in­stantly comes the waggon and takes up the rest of the corn that was tythed out, only leaving here and there a litle tythe (not halfe) to blinde the businesse; By this trick they can swear the tythe was truly set out and left.

12 They reape and binde nine shocks of great sheaves and load them before the tenth be reaped or bound; and the Tythe-payer bids them reap or binde the tenth the next shocke for tythe; They know their masters meaning, and that tenth shock shall not be halfe so good as the nine that were carried away: yet they are ready to sweare the tythe was truly set out, and left.

13 They use in the tythe-receivers absence to set marks or boughs on every heap in the field, if there be five hundred, and then presently bring waggons & load & carry away the corn & leave here & there a little tythe: & by this trick, though they steal half the tythe, they can swear that the tenth was set out & marked out: for if all were marked out, the tenth heap or tythe must needs be marked.

The second Order of frauds in Tything is, in the time of tything, though in the Tythe-receivers pesence.

1 They will bribe the Parsons servants to winke at their unjust tything and have defrauded much by this means.

2 They will not set out the tythe or tenth before they begin to carry their sheaves or heaps, though the Tythe-receiver be present, but load the sheaves as they lie here and there, or the shocks, till they come to the tenth, so the Tythe-receiver must be present to tell every sheafe or heap as it is loaded, and the Pitcher and Loader of the corne being two to one Tythe-receiver do usually out­face him, and swear and stare, they have not taken up halfe so many as they have loaded: and upon this account the Parson, though he keep a hundred men in the field in several places to see the tythe set out, yet all is in vain by this trick.

3 They will leave a tenth shock in the tythe-receivers presence, or absence, but it is a usual trick to load eight heaps of corn or hay, &c. in the best of the field and afterward they drive the waggon to a poore weedy barren part of the field, and there load a ninth shock and then and there set up a bough on the heap next to the ninth: That tenth shocke not being so good as one sheafe of the eight shocks, which the tythe-payer had loaded for himself: They face it, if it be que­stioned, that it was the tenth, and stood next to the ninth shocke they loaded.

4 If the tythe-receiver be suffered to see the corn tythed, before the tythe-payer begins to carry any of the things tytheable, the tythe must be set out as the heaps stand in order, right or wrong; I mean, though the tenth be not half so good as any of the nine heaps; And the tythe-payers being in possession, it is usual to pack all the heaps in a field before hand in the absence of the Tythe-receiver so cunning­ly, that begin to tell in order which way you will the tenth heape shall be the worst.

5 They put in some shocks more then ten sheaves, and onely ten in the Tythe shock, as when tythe wooll is paid they pack two fleeces instead of one, for tythe-payer: but the Tythe-fleece is scarce one fleece.

Now of late, these Tythe-craft-men begin a new trick in some place, against cu­stome, which hath been to shock or heap their corn, and after to set out the tenth shock justly: now they load up the sheaves, as they lie single about the field, and the Pitcher, when he hath loaded nine sheaves, eyes a little sheaf, and throweth it by for tythe all the field over, to be a prey for Swine and Gleaners.

The third order of the frauds of Tything-craft is, after the tythe is set out to hinder the Tythe-receiver from enjoying it.

1 The wicked Tythe-payer will carry his 9 parts, first, while the tythe heaps are there, and if the tythe shock were justly set out, yet they will remove the bough from the good tythe-shock, and so set it on a naughty shock, (contrary to the Law of God, Deut. 14.27. & Chap. 12.17. Deut. 27.33.) and load the tythe shock. And they use, after the tythe is set out, to pick out, good sheaves out of the tythe-shock, and pack in refuse, and worse in the room of the good sheaves.

2 After the tythe is set out in a field, and the Tythe-receiver absent, if the reapers or binders be at work, and there be single sheaves abroad, not tythed, nor shocked: The Tythe-payer comming to fetch his tythed corn, useth to load ma­ny of those untythed sheaves; if the Tythe-receiver come and take them in that act, they say presently, they took up but half a dozen odd sheaves, to make up their load, when they have loaded half their load with untythed sheaves.

3. If the tythe be set out, and left all night in the field, then the unjust Tythe-payer acts his deeds of darkness, of his black Art to the purpose: sometimes they carry away the good tythe in the night, and fetch poor lodged weedy mouse-ar'd corn out of another field, and lay it in their room of the good tythe-heaps, some­times they keep trash in a corner of their barn, and fetch it out in the night, and put it in the room of the good tythe-heaps.

4 After the tythe is truly set out, they have a trick (especially in the night) to take out of every tythe-sheaf, at least half of it, and then binde the half-sheaves and heap them in number, as before, they were so gelded or diminished.

It is ordinary to steal five sheaves out of ten sheaves, in this manner: said one after tythes were set out in the Tythe-receivers presence, This shock is too good for the Priest, & presently in the day-time took away divers sheaves of the shock, did unbinde the rest, made new bands, and bound the residue of the sheaves into ten sheaves. I had the other year sixteen shocks in one field left for tythe, and in the night every sheaf was so gelded, and but half left in substance: every sheaf was unbound, and half-taken out, and rebound, heaped and reboughed, and a waggon had been there in the night, as was evident, and this neer the Farmers house that had set out the tythes in the day time.

5 Though the tythe be justly set out, yet the Tythe-payer (taking advantage in the absence of the Tythe-receiver, and coming first for his nine parts, loads up, with his nine parts, whole tythe-shocks, that were boughed out; And though the tythe-payers Waggon come immediately out of the field loaded wih his nine parts, and having a tythe-shock or two loaded amongst his own: the tythe-payer will d [...]ny and swear that he loaded nor carried away any tythe; Did you see me or my man load the tythe? you must watch your corn; if thieves have been there while you have been at dinner, or in the night, look you after them: we are not bound to watch your tythe: so that the Tythe-receiver cannot prove that the Tythe-payer [Page 6]had the tythe-heaps, all is lost, which act its hard to prove for its lawful for the Tythe-payer to come, and be on his own ground at any time of the day or night, and to load his corn there; none can say what have ye to do there?

6 When the Tythe-payer hath carried away his nine parts, he sends to the Tythe-receiver to fetch away his tythe, which possibly he cannot do at that time, his Waggon is loaded, it is night, &c. The Tythe-payer saith, he must manure his ground, and turns in his Cattel which spoil the tythe; this is usual, enquire at Pluckly in Kent, &c.

7 The wicked Tythe-payers to cover their own sin and shame, use to encourage the poor people (Gleaners and others) to steal tythe-corn, and they see it, nod, and laugh at, &c. whereby, and by other causes, it is now grown to that pass, that Tythe-robbing is made a sport off; And not only Tythe-payers, but other people be­come Tythe-stealers, so that we are forced to watch our tythe day and night af­ter it is set out: One neer me was taken in the night by a Farmer, who saw him bundle up wheat-sheaves, and having them on his back; the Farmer came to him and laid hold on him, and said it was his corn The thief answered, By my troth, I thought it was a tythe-shock, for it stood alone, else I would not have toucht it for 100 pounds. And the false doctrine and practice against this setled maintenance hath so far prevailed, that people do openly call those that gather the Tythes thieves and Rogues; and say, that they go thieving about to take mens corn, &c. Thus we see into what times we are fallen, wherein wickedness is so advanced by doctrine and practice, that light is called darkness, and darkness is called light: honest men are called thieves, and thieves are justified.

And as the frauds and wrongs are used where tythes are paid in kinde; so it is where there is a rate: a world of fraud in that also, besides refusal & delay to pay it without law. The fraud is in the concealment of the number of acres: the Land­lords rent is for so many acres, and so many acres there are: But the Tythe-payers have a trick to case themselves in Taxes to the State, to the Poor, to the Church, &c. and to cheat the Minister. There is one number in the Seff-book, an other in truth, and in the Land-lords Lease.

And in bargaines for things tytheable, as wood, fruit, &c. the true price is con­cealed, and thereby the Minister defrauded.

These are the common frauds used and daily practised against Ministers, as daily experience, wofull experience, deere bought experience, hath taught thousands of Ministers and Impropriators, who have paid very deare for their learning of this Art called Tything-craft, which since the Ecclesiastical Court hath ceased hath been much improved by impunity all the Nation over, through defect of law, to re­strain and punish these frauds.

But it will be objected, that these frauds are not invited or caused for want of law: For by Law (which is the mother of justice) the tythe-payer is to prove that he hath justly and truly set out and left his tythe without fraud or guile: And there­fore all these tricks will not gain him any thing, if he be sued and made prove his tythe to be so set out, and left, and if he fail in that it will be a gain to the Mi­nister who shall recover treble damages.

To this I answer; first, that if the Tythe-payer did not intend to defraud, why doth he use these or some of these tricks, to conceale his unjust manner of tything? [Page 7]&c. They that meane truly and justly, will (as much as in them lies) provide things honest in the sight of all men; He that doth evill hates the light; that tithe-payer that of purpose endeavoureth to decline the seeing his tythe set out by the tythe-receiver, is justly to be suspected; and daily experience proves them frau­dulent.

2 That proof never fails the Tythe-payer though the tythes were never so unjustly set out and left: Ignorant and profane Atheists or malicious Enemies to the Minister are they that are the cheife witnesses against the Minister; one that will trangresse for a morsel of bread, that will swear any thing to please his ma­ster or neighbour: And they that are instruments of the Tythe-payers thievery, and help load and carry away the stolen tythe, they that are actors in the theft, and gainers by it, shall be witnesses for the Grand-thief: (Ask my fellow if I be a thief;) Will not such sonnes, servants, and neighbours, witnesse for the justifica­tion of the wicked Tythe-payer, the principall occupier of the lands? and who can disprove them, seeing all was done in the Tythe-receivers absence, and some tythes left for him?

3 For the treble damages, If the tythe be not wholly deteined, or carried a­way, there is seldome or never any proof of the true value of the tythes sub­stracted the which Tythe-receiver must prove the value of that which his ser­vants never saw, and who can sweare the number of acres without seeing them measured? So that for want of proof the treble damages; (if any be conjectured) come farre short of the true single value of the defrauded tythes.

4 For further answer, suppose the Tythe-payers in a Parish be a hundred or two (as more there are in some Parishes) suppose it be most apparent that they have not left their tythes truly set out in the tythe-receivers absence, but no di­rect proof of the matter of fact, on the Tythe-receivers part: Now the minister or other Tythe-receiver must either set down with this losse or have suits of Law against two hundred persons, to make them prove their just tything according to Law: In Equiry Courts, the Tythe-payer will sweare any thing in his answer; He that makes no conscience to be a thief, will make no bones to sweare falsely; If triall at Law, the witnesses are commonly, as you have heard; This is a sad streight a minister is in, either to lose his tythes, and be undone that way, or to be a greater loser in paying costs also, he not being able to prove a Negative.

5 And for final answer, if it could be proved against an hundred Tythe-payers, that every one of them had substracted their tythes to the value of 20 s. it were better for the tythe-receiver to lose this 100 l. then to sue at law for it: For though the Law gives the wronged Tythe-receiver treble damages: yet it hath proved a damage to the Tythe-receiver to right himselfe by the Statute of treble dama­ges: For that the costs are alwayes included in the damages: so that the costs in journeys, Law-fees, &c. in every one of these hundred suites will come to more in value, then the treble damages which are given him: That in the end it will appear, that it had beene better for him to have lost his hundred pounds in tythes, then to have sued for it; unlesse a Law be made for treble costs as well as for treble damages.

CHAP. II.

ANd the frauds in tything and oppression thereby are not only occasioned by the defect of the Lawes for tythes, but through defect of Justice also, I mean execution of Justice, according to the Laws that are now in being.

The Preamble of the Ordinance of Parliament for tythes made in the year 1644, mentions that the Ecclesiasticall Lawes and Courts being down, many take liberty thereupon to with-hold their tythes and duties; And to supply that defect that Ordinance was made for Justices of Peace to relieve those that were wronged in their tythes: yet many Justices of Peace have, and doe utterly refuse to act for the relief of oppressed Ministers, by vertue of that Ordinance; some of them judge the setled Ministers of the Church of England to be no Ministers, or Antichristian ones, or they are against tythes and all setled Maintenance of Mini­sters as Antichristian, unlawful, &c. Yet their eares are open to heare complaints against Ministers; some of those Justices have yeilded to act for Ministers, as wronged men but not as Ministers for sooth, not as wronged Ministers. And some Justices will give summons for witnesses, according to that Ordinance, but the wit­nesses not appearing, they refuse to proceed further to inforce the witnesses to appear, alledging that the Ordinance is only for summoning of witnesses; And, to my knowledg, upon this occasion the Minister hath lost all. And the Justice re­fuse to act by that Ordinance for Ministers in sequestred livings, because the Or­dinance that made such Ministers capable of reliefe by that fundamental Ordi­nance is expired; And Justices that did act by that Ordinance before the first Par­liament was dissolved, do refuse to act any further thereupon; alledging that only Acts of Parliament are in force after the dissolution of Parliaments, and that Ordinances are in force in Parliament time onely. And although there were some reliefe for oppressed Ministers by the Honourable Committee for plundred Ministers, especially for those in Sequestred Livings; yet not one farthing cost allowed, after great charges, in journeyes, counsel, Solicitors, orders, &c. I heard a godly Minister of London say, that if a hundred substracted their dues, yet he could summon but six at once to that Committee, and that if those six owed 405; The one halfe of that was expended in law charges, I heard a Notorious defrauder of his Minister say to the Minister openly in the streets, as he rode by him. Looke how the Priests horse eares lowle, he goes so often to London, and can get nothing; The want of justice and of conscience in Juries is a very great cause of these wrongs done to Ministers and other Tythe-receivers; There is a crying president of this at Sandwich in Kent, of a verdict given against a poor Minister, against Law and Evidence; I heard no mean Member of the Court say, he would not be in their case for a thousand pounds: and I reproving one of the Jury for that unjust verdict, his only answer was, that the Minister should have no tythes, though it cost him a hundred pounds; I pitty the poor Minister, who is not able to relieve himselfe. But I wonder not that blinde zeale against the cause of tythe should carry any to such wayes of oppression; And I know the great tythe-stealer of East-Kent got at least 40 pound cleere by a verdict at Maidstone Affizes in Kent, and many other examples there are of this kinde, and in other cases touching illegall verdicts; Such Juries (in these dayes especially) presume to be [Page 9]Judges not only of the fact, but of law it selfe, making themselves a Chancery, yea doing more then any Chancery Court would practice, going contrary to law and e­quity.

It is conceived to be high-time to think of some speedy and easie way to bring Ju­ries to a strict and severe accompt for illegall verdicts, which are most crying oppressions; We shall need no Lawyers nor Lawes, nor Parliaments to make Laws, if Juries have the Law and equity in their arbitrary power.

Upon this accompt of defect of Law and Justice in point of Ministers mainte­nance, no man need wonder at the increase of the fraudes and wrongs acted against Ministers in that case: Impunity alone begets iniquity, much more profita­ble impunity; I have heard some say, openly in the Church, you may preach, but you get no tythes of me but by Law, if they be your due, come by them by Law; They know the length of the foot of the Lawes too well.

CHAP. III.

ANd notwithstanding all these Frauds, Wrongs, and Oppressions are so notori­ous in these men; Yet they strengthen themselves in their wickednesse; Not only through the defect of Law and Justice: but wax mad with reason, or in reasoning for their wickednesse. They justify their covetous, wilful, malici­ous, unjust practises in this kinde, with Cavills and pretended objections against tythes, and all setled Maintenance of Ministers, with all the subtilty that can be suggested unto them by that old Serpent, who changeth himselfe into an Angell of light, that he may more plausibly and powerfully, by his instruments, oppresse the faithfull Ministers of the Gospel, enemies to his Kingdome of darknesse, and thereby suppresse the Gospel it selfe; Those Cavills which I have found suggested to them by others, and which I have heard the Tythe-robbers alledge, I shall breifly name and answere, that those Gain-sayers and doers against truth & righteousnesse, may be convinced, if not by the Law of man, yet by the Law of God, and of reason and conscience, orbe made inexcusable before God and man.

Cavil 1 The Magistrate did not compel maintenance for Christ and his Apostles; Their maintenance was freely given them, by believers, in obedience to Gods word, without compulsion by the coercive Lawes of men: Therefore magistrates ought not to inforce Ministers maintenance in tythes or otherwise. This Cavill I finde in a Pamphlet (published by Mr. Charles Nicholls) called, the Hue and Crie after the Priests; In that book he prints expresly, that ministers maintenance setled by the Magistrate is unlawful, and none of Christs maintenance: And this is no conceit of Charles; he hath learned it from the founder of his faction, whose po­siton is. That for a Minister to crave any tythes, and for any man, for all that either Lawes or Magistrates can command to pay any tythes, is a sinne that abolisheth from Christ.

Answ. 1 This is an Antichristian doctrine, & practice in opposing the Christian magistrate, in his acting for Christ, in supporting his ministers, from which Charles and others (Pope-like) wholly excommunicats the magistrate: Such men will not consider of, nor put any difference between the Church in persecution under tyrants, as in the time of Christ, and his Apostles; and the Church in prosperity, and rest un­der [Page 10]Christian Magistrates: No tythes were paid under persecuting Jeroboam (2. Chron. 11.13. & Chap. 13.9.) doth it therefore follow that there were none due, or to be claimed in setled times, in the time of David, Solomon, Ezechias? no tythes in Babylon, therefore no tythes after the return from Babylon; So though in the times of the Persecution of the Church there were no tythes, or setled main­tenance established for Christ & his Apostles, by the Magistrate: yet in the after­times of the prosperity of the Church: as the Godly Magistrates of old took care for the Maintenance of those that administred about holy things, and made Acts & Laws to inforce it (2 Chron. 31.4. Nehem. 13.6.) So after the Apostles times, when King­domes and States became Christian, ministers were presently provided for in a publique setled way of maintenance, as Histories shew; which maintenance con­tinues to this day in all Christian Kingdomes and Nations, and in this Nation especially; by Glebes, and tythes, and other setled duties: And indeed then, and only then is the Gospell the glory of any Nation, when the Christian Magistrate doth entertaine it, and set it up and uphold it by upholding and Maintaining the Ministers and Ministery of it: And that glory is gone, if the magistrate own it not, or pro­tect it not in the ministery of it; Such as Charles will not have the Church receive any advantage by the Civil magistrates becomming Christians, which is confu­ted, ( Isa. 49.23. Psal. 72.10, 11. Isa. 60 10. Revel. 20.24.) Such magistrats are said to be Nursing fathers and mothers to the Church: Such fathers & mothers do not leave the childe to it self, but do take care of it and nourish it. We read ( Act. 9.31.) when the Churches had rest from persecution, they were edified & multiplyed: and would it not be much more edified and multiplyed if ministers and people had the power and assistance of the Christian magistrate with them and for them, in the things of Religion? The Magistrate doing actively and positively for the good of the Church; out of their pious care to promote Religion, and the sal­vation of mens souls, and not only to preserve outward peace and safety: An­swer, 2. The Magistrate is for the the punishment of them that do evil. ( Rom. 13.1.) Is it not an evil, sin? a sin of omission against Gods Law, not to allow maintenance to ministers, which God commands both in the Law and Gospel? Therefore the Magistrate sins, if he punish not that neglect of duty, thereby to inforce it; As he doth in other cases, as in relief of the poor, in taxes, & in other duties. Answ, 3. Whereas Charles saith, that people should maintain ministers freely, they should be free in that duty to obey God only therein, God commands it to be freely done, & therefore the Mngistrate hath nothing to do to meddle with it, to inforce it by coercive Lawes: It is plain, that a duty commanded by the magistrate may notwithstanding be done freely and willingly, ( Tit. 3.1.) Obey Magistrates, be ready to every good work; The double command of God and man, too, of them of whom God sayes, They are Gods, should move to more free, willing, cheerfull obedience, for conscience sake, ( Rom. 13.5.1. Pet. 2.

2 Cavil. Charles (to animate people against Magistracie and Ministery) Prints expresly, That tythes are an oppression and a bondage, and that selling of Par­son ages is selling of poor mens labours, and that tythes are the peoples own estate.

Ans. Its evident, that tythes are no bondage, or wrong: because the paying of them is not one farthing charg to any man, rich, or poor in the whole Nation. The tythes nei­ther belong to the State, nor to the Land-lord, nor Tenant of the Lands and Houses [Page 11]where those tythes arise, but they belong only to the Minister and Impropriator, as their right and propriety, as hath been proved before the Honourable Committee for Tythes, by the godly-learned in the Laws, and is manifested by several learned Treatises. When Kings of this Nation had the Patronage of Rectories, If the Minister, Incum­bent died, the Profits, the tythes thereof went not to the State, but were sequestred, and kept for the next Minister, to enjoy them. And Ministers have actuall possession given them, as free-holders, &, as freeholders, paid Subsidies, and sued at law as freeholders. Its manifest, that the Purchasers of lands and houses, do not pur­chase the tythes and duties that have and do issue out of those Lands and Houses, as a Rent-charge due and payable to the Minister or Impropriator; neither do they purchase the lands, tythe-free or duty-free: And the Tenant or Farmer doth not hire the tythes and duties of the Landlord, who, having no right to them, hath no power to let them, or to enjoy them himself. And there is & hath bin a conside­ration had of this Rent-charge of tythes in all Purchases, Leases, &c. which would be a tenth part more in value and price, if the Lands or Houses purchased or hired, were tythe-free: As is manifest in tythe-free Lands, which are purchased and let at higher rates by a tenth part, then Land or Houses charged with tythe-rent. Thus it hath pleased God (who when he gave the Land of Canaan to Israel did reserve the tythes to himself for his Ministers, and made other provisions for them in Lands and houses) by his special providence, to provide and establish in this Land, and in other Lands and Nations a maintenance for his Ministers, by the free Donation and legal settlement of Houses, Glebes and Tythes, given and establisht by those who have been Proprietors and Possessors of Lands and Houses, and this establishment hath been made and continued by Law and Custome for many generations: as heretofore, and of late especially, hath been proved by ancient Histories and Records; and this settlement of Ministers maintenance from good grounds, both from the Law and Gospel also, which commands the liberal maintenance of Ministers, such a maintenance, at least, as tythes amount unto, ( Gal. 6.6. 1 Cor. 9.2. &c.) Notwith­standing all this cleere demonstration that tythes are none of the peoples owne; that the people have no right to them in the least; yet it is strange to see how un­perswaseable, people are to believe this truth and how forward they are to em­brace Charles Nicholls his false doctrine, touching the peoples right to tythes; So that many people count it their duty to detein their tythes, they think they do God and themselves good service, to cozen the Tythe-receiver what they can: I have heard divers say, It is no sin to cozen the Parson what they can, & upon this accompt they say with scorne and glorying, when they pay any tythes: We give the Priest (as they in scorne call the setled minister) So much every year, we are at such charges to the Priest; either glorying in their bounty and gifts, or ra­ther grudging at their payments of tythes, which are no more theirs then a Lega­cie is the gift of an Executor, or a debt the gift of the debtor, or the rent the gift of the tenant to the Land-lord.

Answ. 2 Such as Mr. Charles Nicholls are Oppressors of godly Ministers by a­betting the witholding of setled maintenance: and oppressors of people too, by causing them to be charged with costs in Law for the iniquity, to which they in­tice them, and by drawing them from the orderly dependance upon their owne setled Pastor; to be at charge in needlesse journeyes, expences, losses, by neglect [Page 12]of Families at home, and by occasioning them to be at need lesse charges touching ministers maintenance, when they may injoy a competent meanes of salvation under as able, nay, under a more able setled ministery, without, any charge at all.

Cavill 3 Mr. Charls, to prove tythes oppression, saith that the Land-lord hath as much rent as the land is worth without tythes: therefore tythes are an oppression: Answer, 1. If any such Land-lord, the oppression is from the Land-lord, from the Land-lords rent, not from the minister or Impropriator, or their Rent-charge of tythes, of which both the Land-lord and Farmer, the Buyer, and Seller knew before-hand, before they bargained. Answer 2. This plainly appeareth to be a quarrel pickt not only against tythes or tythe-rent, but against Landlords & Land-lords rent. I hope, I need not cry out to Land-lords to look about them, and to look after these levelling Paradoxes; which are vented by such fiery spa [...]ks; as Charls against them, to set all in combustion, as heretofore in Germany, where, at first, a quarrell arose about tythes; It was affirmed, that the paying of tythes could not stand with their Christian Liberty, which stayed not there, but the next that was opposed was Land-lords rent, And Tenants rose up in armes against Land-lords, Gentry, Ministery; So that upon this occasion six hundred thousand were consumed by Warre, by fire, and sword (as that famous Historian Sleyden, and others testifie in the Histories of those times.) One neer me said, if it were in his power he would sheath his sword in the bowells of all the Ministers in England: And I heard him say, he desired the ruine of all the Ministers in England, and he knew not how to do it, but by starving them out, by keeping away their tythes, and that was his end in detaining my tythes, and not to inrich himselfe; he told me, he was willing to pay them to any body, save the Minister. It was lately affirmed, that fourty thousand were ready to club down tythes

And to this purpose I cannot forget what I heard, in a tumult of such men, met together in the Chequer-Chamber at Westminsler, when a known Atheistical Leveller did attend the Committee of Plundred Ministers sitting in the next room; about his refusing to pay his tythe: I heard it clamoured there, that neither Tythe-rent, nor Landlords rent should stand long: And there is one Barber who stiles himself a Merchanttailer, who, a while since, p [...]nted a Pamphlet, intituled The storming and total routing of tythes which (as to their warrantableness to be the maintenance of Gospel Ministers) will not be stormed & routed out of the judgements and con­sciences of any godly wise, by such confused, weak & childish assaults, & batteries of non-sense. That Pampheleter Prints in the ninth page of that paper these words; The Land-lord and the Priest, or Parson are only Gentlemen; the rest are Slaves, who labour for that which the other spend on their backs and bellies: This mutinous ex­pression puts me in mind of that proud seditious Tailor, called King John of Lei­den, who under pretence of Religion, Saintship, Inspiration, was a Ring-leader in ruining of thousands of Land-lords, Ministers, and others that followed not [...]is pernicious wayes against Government, and true religion; He had fifteen wives, and came in the end to be hanged: for his seditious, rebellious and bloudy practi­ces: Abad omen for Iheouran John, and for Master John Canne, who proclaims the publique setled Ministers of England, Traitours by a roaring voice from the Temple of Bacchus, where such Kannes are in use: but here we see the Land-lords, and the Ministers are the joynt-marks, at which these Fire-locks [Page 13]levell in these dayes, wherein they only wanted a King John of Leiden to head & Protect them in their mutinou ways, under pretence of Saintship and Religion; But it is more then probable, that Land-lords rent, and Tythe-rent (like Hypocrates twins) will stand or fall both together; They being due by equal right, grounded upon the word of God, and the Laws of the Nation; By which Lawes wee have right unto, and do enjoy all that we have, upon sure grounds of Justice and Equity: The Law being the just interpreter of every mans right: Only the Lawes for Tythe-rent come farre short in many circumstances, as to the certainty of injoying tythe-rent, which notwithstanding the present Laws, are subject to so many frauds and losses, that Land-lords rent of 200 pounds per annum is more certaine, and more sure to purse, then the Ministers, or Impropriators of 400 pounds per annum in tythes: And if these Vultures that prey on Tythe-rent, had once devoured that revenue, which belongs to others, they would be so fleshed thereby, that in a short time, they would grow so greedy, that they would prey on Land-lords rent al­so; First the hedge, next will be the field; First, the paring of the apple being gon, the apple it self will not last long after; There being equal right in the people to either Rents, and they that take away the propriety of tythes, will doubtlesse take away all propriety, even the Freeholders nine parts also; Such men are laying a foundation to bring in a Community, & to take away all propriety what­soever. Answer 3. I cannot but marvel, that Charles should lay this reproach upon Land-lords in England, that they are such oppressors, as to exact and take as much rent of their Tenants or Farmers, as their Lands and Farmes are worth without tythes; when it is manifest, that thousands of Farmers in England, above other Nations, have so good penny-worths, that they live plentifully, and get faire estates out of their Farmes, though they pay two rents, Land-lords rent, and Tythe-rent, besides other taxes and duties; Tenants and Farmers in England are not as those in France and other Nations, they are not slaves, as the Merchant­tailer calls them, in his recited Pamphlet they do not wear Wooden shoes and Can­vas breeches.

Cavill 4 Saints are against tythes; therefore tythes are not to be paid: Charles his words to this purpose are, Non-tythe-payers are Saints; honest men, people of God, true brethren, &c. Answer, I have read in the Catalogue of the Opinions, Errours, and Heresies of these times, that some hold, that Saints are freed by Christ from all Lawes, Covenants, Vowes, paying of tythes, or debts: Such brethren as joyn to wrong others, are brethren in evill; Saint Paul calls such false brethren: Are they not salse that defraud their neighbours, that are thieves? Are they not false that pretend to pay all their tythes justly and truly; say, they have left their tythes justly and truly set out, yet, with Ananias and Saphira, keep back part, nay, half, nay, more than half, yet cunningly leaving some thyes to avoid the plain discoverie of the value? Saint Ananias, Saint Saphira, Saint Lyar, Saint Theef, Saint Thomas Tythe-short, Saint Robert Robminister.

In the seventh Century of the Historie of the Church we read touching the corruption of those times, amongst three adminable things that fel out in that age; one was, that whoredom was canonized, that is, notable Harlots were counted Saints: Can those that rob their neighbour be honest men? and if not honest, how Saints? Dishonest pretended Saints are no true Saints▪ but reall Hipocrites, who [Page 14]make Godlinesse a cloake for their covetousnesse, maliciousnesse, &c. We should serve God in holinesse, and righteousnesse; not one without the other; The first thing in Godlinesse is to do justice, ( Mich. 6.8,) a religious Knave, is the worst of men, as that Devill that changeth himselfe into an angell of light, is the worst of De­vills; Ahab, and Jezabel, are become Saints on a sudden; they are very devout, proclaime a Fast: But all was more plausibly to defraud honest Naboth of his propriety and estate: Saint Ahab, Saint Jezabel: Of whose order of Saintship are unrighteous pretended Saints, who for malice and lucre sake, oppress & ruine tru­ly godly and honest men, both Ministers and Impropriators, and therein incorpo­rate themselves with the avowed haters of God, and enemies to the very professi­on of Religion. The greatest zeale in Religion in some, is how to cozen the Mi­nister.

Ans. 2 The godly may erre, their judgment, d [...]ctrine, & practice is no rule to others further, then they are followers of Christ: The greatest hereticks have appeared to lead Saint-like lives, they have been accounted and canonized for Saints; we have woful presidents at this time of such Saints: I have heard such Saints, extraordinary Professors say, that to deteine their tythes is no sin, and at the same time affirm, that to save custom and excise is no sin, that is all a man gets by his commodity, &c.

Answer, 3 Some are said to be godly, having only a form of godlinesse: but deny the power of godliness, covetous, proud having a form of godliness, (1 Tim. 3.1.)

Cavill 5 The Saints will pay no tythes, or any setled forced maintenance, be­cause they make scruple of conscience, to pay it, they are conscientious men; It goes against my conscience to pay tythes, therefore Ile pay none; this is daily heard.

Answer 1 Many in the cause of Ministers maintenance, make scruple out of piti­full weaknesse, opinion, passion, ignorance, superstition, and preposterous zeale; I instance in Charles Nicholls, I appeal to all that shall read his recited Paper, and the forenamed Merchant-tailer, and the Kentish, Hartford-shire and other Petiti­ons against tythes; Saint Paul himselfe acknowledgeth this was his condition in his zealous acting; ( Acts 26.9.) I verily thought with my self that I ought to doe many things contrary to the name of Jesus, &c. It was his opinion, and he af­terwards acknowledgeth he did it ignorantly (1 Tim. 1.13.) Answer 2. Some pre­tend scruple to hide their malice against the Ministery it selfe, as they did who hired Judas to betray Christ, they made scruple to put the price of his bloud into the treasury; He that desired the ruine of the Ministery, before spoken of, said he kept his tythes to starve them out, because he desired their ruine, I heard him speak it, and two more were present and heard it: And the most scrupulous in this matter, as Anabaptists, Brownists, Hereticks of all sorts, are professed actors for the ruin [...] of the Publique setled Ministery in England.

Answ. 3. Some pretend scruple to hide their covetousness, and if scruple (whether pretended or real) were a sufficient plea to exempt them from performāce of duty, especially in money-matters, who would not make this plea to save charges? as the Levellers do scruple to pay Land-lords rent, for which they have many colourable Cavils, as many, and as fair seeming objections, as can be made against tythes; as no man ought to live on the sweat of other mens brows. The earth hath he given to the sons of men; The Saints must inherit the earth, Land-lords are no Saints, they are oppressors, proud, &c. Answ. 4. Christ was scrupulous against all sin, he was [Page 15]holy, harmless, &c. yet he made no scruple of Tythe-paying,( Matth. 23.22.) and, more then that, he made no scruple to pay Poll-money, though demanded of him against right ( Matth. 17.27.) whereby he teacheth Christians much more, not to scruple payments due by humane law, and civil right: He commands to give unto Cae­sar, the things that are Caesars, as well as to give unto God the things that are Gods; Tribute to whom tribute is due, Custom to whom Custome is due, ( Rom. 13.)

Cavil 6 There is cause of this scruple: for tythes are a meer Jewish, Levitical maintenance, a Ceremonie: (This Charls affirms, and calls them the mouldy-bread of Tythes.) And therefore Tythes (as all other Levitical Ordinances, Types and Ceremonies) are ceased, and if we pay Tythes, we hold up Jewish Ceremonies, and thereby deny Christ to be come in the flesh.

Answ. 1 This scruple might be cased if they would pay their ninthes instead of their tenths. And (for mine own part) if their conversation speak such men truly godly, in all other things, so that it doth not appear that in this only they strain at a knat, and in other things swallow a Camel (as many do) I would be content with the elevenths, instead of the tythe, or tenth to ease them in this scruple. Nay, if we could be certain of the fifteenth in kinde without fraud, it would be some comfort, but reduce the tenths to the fifteenths, the unjust Tythe-payer will co­zen and cheat as much, as when he pretended to pay his tenths. Answ. 2 God that comanded tythes as maintenance for Ministers, never repealed that law, never forbade paying of tythes: When tythes are named in the New Testament, there is no mention made of the repealing of them: And where there is no Law forbidding, there can be no transgression. Answ. 3. The Word of God is so far from pro­bibiting tythes as a Gospel maintenance; That the payment of them is therein asserted and warranted: The immediate Prophet before Gospel-times speaks for tythes, ( Mal. 3.8.) and calls non-tythe-payers, robbers of God: And Christ himself, who is the sum of the Gospell, when he was come into the world commended and comanded that duty of paying tythes ( Mat. 23.23.): As Paul, a Gospel-Preacher immediately after Christs Ascension, doth also press such a maintenance for Go­spel-ministers, as is agreeable to that maintenāce, which they had that did serve at the Altar (1 Cor. 9.6.) such a maintenance as should be a partaking of all good things ( Gal. 6.6.) which is most fitly done by tythes of all good things, which is a way of maintenance that all the wit of Men & Angels cannot find out a more equall, just and reasonable, which was first appointed by the Divine Wisdome, who thereby stinted the niggardlinesse of the people, and the Ministers claimes to a certainty: And no other setled way can be found, which affords a proportion of that equity, and justice: whereby God teacheth men to live upon providence (Tythes being the fruits of divine pleasure more or lesse) as God is pleased to dispence; And there­by the Minister to fare a like with the people in want, and abundance, in meane crops, and prizes, and in plentifull crops, and prizes; which intent of God in Ministers mainterenance is not accomplished by any other way of maintenance: If a rate or stipend for the Minister, the rate is the same still, though the rent, crop or prizes of tytheable things be farre lesse then, when the rate was first set: or though double in value since the rate was first established, whereof many in­stances may be given. Answer, 4 It is denied that tythes were a Ceremony, a [...]dow of things to come; let any shew, what the paying one in ten rather [Page 16]then one in nine, or of one in eleven did typifie, concerning Christ. Answer 5. Tythes were not paid, or payable to the Levitical Priest-hood only, or to those of the Tribe of Levi only: For Levi himselfe paid tythes in Abraham, who paid tythes to Melchisedeck, whose Order is another Order, a distinct Order, from the Order of the Tribe of Levi ( Gen. 14 Heb. 7.)

Answer 6 It is not denied, but that as tythes now are paid, they are made a Ceremony and Complement, farre more in shew, and noise of words, such a value, such Lawes for tythes, &c. then the minister findes in substance, as it fared with the poore naked destitute man, of whom we read in Saint James his Epistle.

Cavil 7. The Apostle saith ( Heb. 7.12.) For the Priest-hood being changed, there is also a necessity of the change of the law; That is, of the Law for the maintenance of the Priest-hood by tythes, &c. which in the old law were paid to Levites and Priests, which came of the lineage of Levi; of which our Ministers do not come: Answer 1. It is true, that that law concerning the maintenance of those Priests is abolished by Christ, and his Priest-hood: But it followes not from thence, that because that Priest-hood, law and maintenance due to those Leviticall Priests is abolished by Christ, a Priest for ever after the Order of Melchisedeck; to whom tythes were due, and paid by Abraham, before that law and Priest-hood instituted; therefore all tythes and maintenance due and paid to Mechisedeck, and in him to Christ, are altogether abolished as Jewish: The quite contrary appears in that text of Scripture, wherein the former clause, tythes are ratified, as appurtenances to Christs everlasting Priest-hood, as well as to Melchisedecks, and therefore as due to his Ministers under the Gospel, as to any Priests, and Levits under the law: Answer 2. If all things given and prescribed to the Levitical Priests, & to the Israelites by a general, or special Levitical law abrogated by Christ, doth cease and become unlawful, in its primitive and proper use, unto Christian Mini­nisters and people now; because the Levitical Law and Priesthood is abolished: Though those things given, and prescribed by those Levitical Laws had a Divine, Moral, original, and use, before the Ceremonial Law given, or the Levitical Priesthood instituted: Then what will become of the Seventh part of time, the Seventh day Sabbath, as well as the tenth of increase, called Tythes? For the Seventh day Sabbath, though it had a Divine and Moral original, and was pre­scribed by a Moral Law, Exod. 20. was in some sort Ceremonial, and enjoyned by Ceremonial Law also; Exod. 1.14. Gen. 24.13. and is abrogated by the death of Christ, and by the Resurrection of Christ upon the first day of the week, I say it is abrogated, as it is Jewish, as to the precisu seventh day from the Creation, and as to the rigour of the Jewish observance, and sacrifice, &c. on that day; I say, it would follow upon consequence of this Cavil and Objection, that it were utterly unlawful for Christians to observe the Lords Day, to render to God the same weekly proportion of time for his publique worship, as the Jews did: and by the same reason, Gospel Ministers must have no houses given them, or freely allot­ted them to dwell in, nor any land, because the Priests & Levits had these establi­shed upon them by God, by his Levitical Law, with Cities and Suburbs, and lands adjoyning; Then no man must harbour, entertain, invite, feast, or be liberal to a Gospel-minister; because the Israelites were enjoyned by the Levitical Law, to harbour, entertain Priests and Levits, to let them eat and drink within their gates. Answ. 3. Saint Paul exhorting to maintain Gospel Ministers liberally and certainly, [Page 17]in 1 Cor. Chap. 9. verse 3, &c. cites texts of the Old Testamentour of the very Levitical Law, Thou shalt not muzzle the mouth of the Ox that treads out the corn; As they that did serve at the altar, did live by the altar, even so, they that preach the Gospel, should live of the Gospel, &c. This proves that Gods Com­mandements for the maintenance of his Ministers, the Priests, and Levits in the Old Testament, are still in force, at least so far, as they are Moral and Judicial, and may be urged by Gospel Ministers: But Charles Nichols will not heare God speaking now in the language of the Old Testament, about this matter of Mi­nisters maintenance; he falls a scoffing at Gods Word cited from thence, Mal. 3.8. he blaspheniously jeers at my citing that text, in the title page of my Book; called the Ministers Hue and Cry: calls me a wandring Jew, half asleep, and half aw [...]k, crying out, Will ye rob God, &c.

Cavil 8 There is cause of scruple about Tythes, for, Tythes are an antichristian Maintenance, therefore not to be paid by Christians. Answ. If by Antichristian be meant (as the word signifies) Tythes are against Christ, or contrary to Christ: I have shewed and proved that they are not contrary to the Word of Christ, neither contrary to Law or Gospel, but warrantable by the Word of Christ: And they are not contrary to any thing in Christ, but agreeable to him: Tythes being paid to Melchisedeck, of whose Order of Priesthood Christ was, and of the Tribe of Judah, not of Levi. And that Melchisedecean Priesthood of Christ is now in force, and that his Priesthood continuing, there is no change of the Law, and upon this accompt, tythes are not Antichristian, nor against Christ, but a maintenance payable to Christ in his Ministers, who honour and serve Christ in his Melchisedecean Evan­gelical, and Eternal Priesthood: Answ. 2. And if by Antichristian, be meant that tythes are Popish, That is, that Tythes, as a maintenance for Gospel Mini­sters, are originally established from the Pope of Rome (who is Antichrist:) Tythes are not Antichristian in this respect also; if they be not against Christ, the Popes allowing of them cannot make them Antichristian; no more then the Popes praying makes prayer Antichristian; And (for further answer) it is plain by Historie, that Tythes were asserted as due to Gospel Ministers, long before the comming in of this the Antichrist, as may be found in the Writings of Irenaeus, Clemens Alexandrinus, Tertullian, and other ancient Fathers, whose Writings are full of assertions for Tythes; and yet they lived long before the reign of Antichrist. Answ. 3. It is the subtilty of the old Serpent to call light darkness, and darkness light, and to put sweet for sowre, and sowre for sweet, of purpose, to draw men from light of truth into darkness of errour, and to move them to distast the sweet wayes of godliness, and to run into the bitter wayes of sin and death; to fright people out of Christs wayes, by calling Christs wayes Antichristian ways, be­cause the Pope and Papists teach and practice those wayes of Christ, or mix them with Popish dross, Superstition, Idolatry; should we not pay our debts, because Turks and Papists pay their debts? should we neglect Baptisme, because Papists mix oil, cream, &c. in the water of Baptism? Master Hawks of Essex, a Martyr, to whom a maraculous testimony was given at his death, did not refuse to let his childe be baptized with water, he only refused to suffer the childe to be bap­tized in those Antichristian mixtures with the water: should the mixt bind­ing or Printing the Apocrypha, with the Canonical Scripture, in our Bibles, &c. [Page 18]cause us to reject the Scripture as Antichristian; Yet upon this accompt, most of the Principles and Duties of the true Christian Religion, are in these days called Antichristian Doctrines and practices. The Trinity of Persons in the God-head, that there are two natures in Christ, Infant Baptisme, That there is a Heaven or a Hell, all Antichristian forsooth. The setled Ministers of England, Their Ordination, Main­tenance, Parochial Congregations, all Antichristian? Our Synagogues or Temples called Churches, where we meet in publick to worship God, though never so de­decent, orderly kept, where Christ is truly worshipped, Christian Doctrine is truly taught; Christs Sacraments rightly administred, Christs Discipline duly executed, where no Antichristian Idolarous Monuments, no Antichristian doctrines or pra­ctices: yet our Churches are called the Bawdyhouse of the Whore of Rome, An­tichristian Steeple-houses. The Bels, that are instrumental to call people together, to serve Christ, they are called Antichristian Bimbomes: The use of the prayer, which Christ hath taught us is called antichristian, Schools of Learning, Ʋniversities, all antichristian: Latin the language of the Beast: The Magistracie antichristian; Our New-lights despise Government, and speak evil of dignities, especially if they be zealous advancers of Religion, as of Ministers maintenance, &c. By this Bug­bear noise of antichristian, many are scared into most antichristian wayes of He­resie and Prophaness.

Cavil 9 It is antichristian to do contrary to Christs comand: when Christ sent his Apostles to preach, he commanded them that they should preach freely ( Mat. 10.8.9, 10.) Freely ye have received, freely give, and take no scrip, &c. Answer, 1 That command was to take no reward for miraculous Cures: Heal the sick, cleanse the Lepers, &c. Then comes in freely, ye have received freely give: But it is not spoken as to their ministeriall labour: For Christ faith, ( v. 10.) The Labourer is worthy of his hire: their maintenance is as due to them, as the hire to the Labourer ( Luke, 10.6.10.) Christ resolves thrice together that the Labourers in the Gospel were worthy of comfortable Lively-hood, and not obliged to preach the Gospel freely; That recompence is called hire and wages not free benevolence: as due to Mini­sters, as servants & Labourers and Souldiers wages, which is not arbitrary; They are worthy of double honour, &c. (1 Tim. 5.17.) Answer 2. Those Apostles whom Christ sent to preach the Gospel could do Miracles, miraculous bodily cures: The Gospel, as a precious plant, being newly planted was watered by miracles: but when plants are grown divers yeares men use not to water them: ministers now seldom do miracles; (Their greatest Miracle is, that they dare undertake the ministery in these times, and be faithfull therein.) For, if people will not believe the Scriptures and the miracles therein recorded: They will not believe though one should rise from the dead, ( Luke 16.) they will not believe for miracles done: And seeing those whom Christ sent could doe miracles, and bodily cures, the people that usually minde temporal and bodily things, would certainly & liberal­ly provide for those that cured them: Skin for skin, and all that a man hath will he give for his life. The miraculous Cures which Paul did, brought in plentifull pro­vision ( Acts 28.) Answer 3. Suppose that command of Christ, freely ye have received, freely give, did concern the Apostles preaching also: yet it was but a personal and temporary comand, which concerned the Apostles only, not a general and perpetual command, which concernes all Ministers and Preachers; such a com­mand, [Page 19]as, Abraham to sacrifice Isaac: To the rich man in the Gospel, to sell all and give to the poore: If those commands were generall to all, as that what I say unto you, I say unto all, watch; then all should sinne that did not sacrifice their only sonne, then all should sin, that did not sell all they have and give it to the poore; And if this command of Christ to the Apostles when he sent them to preach were general and perpetual, and did concerne all Ministers, then all Ministers should sinne that provided Gold or Silver, or two coats, or shoes or or staves, because Christ forbade his Apostles to provide those, when he sent them forth to preach. Answer 4 Ministers now have not freely received their abilities to preach, there liberal Education Learning, Tongues, Arts, &c. cost them labour and watching, and it was not of free cost, it cost their friends something.

Cavill 10. Christ, and his Apostles did practise this command of Christ; they had no tythes, nor setled maintenance, and Paul, the Apostle had no tythes, nor set­led maintenance (1. Cor. 4.7.) but laboured for his living: Answer 1 We heard before in answer to the first Cavil; That Christ and his Apostles, Paul, and others lived in times of persecution, when people that were converted were few, and poore; not many rich (1 Cor. 1.); The poore receive the Gospel, &c. And upon this accompt Paul would not be chargeable to the presecuted poore Saints and Chur­ches: And that he might not be a burden to them, he wrought, to get his living: Answer 2 Christ and his Apostles lived while the Leviticall Sacrifice, Altar, and Temple, were standing, and living, not dead, or deadly; and therefore would not burthen the people with double paying of tythes, to pay tythes twice for one thing; One to the Leviticall Priests, and one to Christ, and his Apostles. An­swer 3. Paul had extraordinary gifts, he preached by inspiration, he might labour and preach, which other Ministers, wanting those extraordinary gifts, cannot, ought not to do; as Paul exhorts Timothy not to intangle himselfe in worldly imployments, but to read, &c.

Answer 4 Paul laboured for speciall ends, one was to stop the mouthes of the false Apostles, that they might not glory over him, (1 Cor. 9.15. 2 Cor. 11.12.) The false Apostles gloried that they preached freely, (2 Cor. 11.12.)

Answer 5 Saint Paul did it that he might not hinder the Gospel amongst the Corinthians (1 Cor. 9.12.) they being most of them Pagans, and some newly con­verted all covetous (1 Cor. 4.12, 13. Chap. 7.30, 31. 1. Cor. 11.7, 8, 9. Chap. 12 10 to 21.) he would not seeme to abuse his power in the Gospel, in the opinion of those covetous ones (1. Cor. 9.12) Answer 6. Paul. laboured to make himselfe an example (2 Thes. 3.7.) to quel those lazy busi-bodies, that left their callings under colour of godlinesse; Some to be hearers all the weeke long and do go from house to house, talking to their brothers, and sisters of the Christian Reli­on; as if that were a sufficient warrant to be idle, busi-bodies, and leave their cal­lings, & families; He laboured also to make himself an example, to quel those lazie busi-bodies, making Schisms and Divisions in the Churches, under colour of gifts and godliness: leaving their particular callings, and turning Teachers without a special call and sending: He laboured, that they might not live idely, and charge the poor Saints, when there was no need of them: Paul saith plainly there, If any man will not work, let him not eat; he intends not thereby, that all Ministers called to that function should labour with their hands, nor that men of estates [Page 20]should use handy crafts, &c. but his meaning is, that every one should take a course to live in his calling and place, according to their duty, and not be idle: Rich men, Magistrates, &c. have their worke, to manage their places, and estates: Ministers have their work, they must labour in the word, be Workmen, that need not be ashamed, dividing the word aright. Answer, 7 Though Paul labour­ed, yet the other Apostles did not; and Paul did it not alwayes, but only at Co­rinth ( Acts 18.23.) and Paul upbraids the Corinths, for suffering it (2. Cor. 11.7,) he reckons it amongst his sufferings and abasing of himself, that he was put to it, (1. Cor. 40.12. 2. Cor. 11.3. Paul saith he had power to forbeare working, but would not abuse his power in the Gospel (1. Cor. 9.6.) and when he spake to the Thessalonions of his labours in this kinde, he takes them off from making his pra­ise a rule, to urge this as a necessary duty to other Ministers, by his example (2. Thes. 3.8.) and he toke maintenance when he thought fit ( Phil. 4.16) and for finall answer to this Cavill; we finde that Saint Paul commandeth the liberall maintenance of Gospel Ministers ( Gal. 6.6.) and (which is more) he useth ma­ny arguments to perswade that maintenance, from Scripture and reason (1. Cor. 9.3, &c.) so many arguments, and reasonings, for Gospel Ministers liberall and certain maintenance, that may convince all gain-sayers; and will rise up in judgement against this crooked and perverse generation of sacrilegious robbers of Gods Ministers, who are so farre from maintaining them, that they defraud them, of the maintenance, which is not at their charge; but it is by Gods providence, bestowed, setled, and confirmed on them by others, without any charge to the present generation of men. And it is my belief, that Paul had a Prophetick spirit, and did forsee these times of with-holding Ministers maintenance, and did there­fore provide so many Scriptures, and so many convincing reasons for these times, that such covetous With-holders, and defrauders of Ministers maintenance, might either be convinced, and converted, or else have the greater condemna­tion.

Cavil 11. Saint Paul (by his owne confession) would not be chargeable to the poore Saints: But our setled Ministers are very chargeable to the poore farmers and others: Answer 1. The poore if they had tytheable things were bound by Gods law, to pay the tythes thereof, and they brought their turtle doves, &c. according to their ability: Answer 2 The poore are bound to deal justly, as well as the rich, and in other things do pay dues, according to their proportion, as in Land-lords rent, Tribute, &c. Answer 3. The poore Farmer is not charged, by the Tythe-receiver; for the tythe which the Minister receives of the Farmer, is not the Farmers, but the Minister right and propriety, as is before manifested.

Cavil 12. The setled Ministery of England are all Antichristian Priests: There­fore no true Christian ought to maintaine them. Answer 1. This Cavill about the Ministers of England being antichristian hath bin fully answered long since, and that ministery vindicated from that aspersion, and of late more especially, in a book intituled, The vindication of the Presbyterian Government, and more lately, and more fully, in a book intituled, Jus Divinum Ministerii Evangelii, &c: wherein that Ministery is proved to be truly Christian, and no way antechristian: The calling of those Ministers from Christ; Their Ordination according to the word of Christ, their Doctrines and Administrations all Christian: They abjure antichrist, [Page 21]pray against Antichrist, preach against Antichrist, and against all his Antichristian doctrines, and practises, withstood Antichrist to the losse of their lives, by Martyr­dom, under the tyranny of Antichrist; Answer 2. They have the seal of their true Ministery by the conversion of many thousand soules to Jesus Christ, by opening, their eyes, and turning them from darkenesse to light, and from the power of Satan unto God: From this very ground the Apostle Paul argues the truth of his Apostle­ship, and Ministry (2 Thes. 2.14. 1 Cor. 9.2.) It was the seale of the truth of his ministery: Answ. 3. Who ever did read of true conversion (ordinarily) under a fals ministery, or in a fals Church? Answer 4. Where did those that cry out against the publike setled Ministery of England as antichristians receive their conversion from sinne to God? Where had they their eyes opened to turn from that, which they call antichristian darkenesse, to Christian light, new light; which conversion they presume to be wrought in them? Did they not receive it by, and from that mini­stery, which is now more reformed then before? and therefore more assurance of the presence of Christ and his graces in, and with this ministery and those Churches, which they call Antichristian.

Cavil 13 The Pope challengeth all things given to the Church, if we should pay tythes, or rates, we should pay them to the Pope; and thereby uphold antichrist: Answer 1 The Pope claims tythes and other lawfull things; but his claime doth not take away their lawfulness in their own nature, no more then the Devils claim of Divine worship from Christ, doth disanull the divine worship of God: Answer 2 Tythes are not paid in England to the Pope or Popish priests, but (as we have shewed) to the true Ministers of Jesus Christ; and to others, that have right to tythes, as their propriety.

Cavill 14 Setled maintenance is a note of a false prophet: This Cavill Charles Nicholls useth, in his title page: The Priests teach for hire ( Micah 3.11.) They run greedily after the errour of Balaam for reward: Answer 1 The Prophet Micah speaks of false teachers, that made the people to erre: they are coupled with unrighteous Judges, who take bribes to wrest judgement: that judged for reward, and these pro­phets that are said to teach for hire, are said to divine for money; they were hired to teach false doctrine, and to utter lying prophecies, to please and advantage those, that hired them: But our Ministers setled maintenance is not their hire, from the State, to preach false doctrine: The Christian Magistrate alloweth not such doctrine to be preached by these Ministers: but in joyneth them to preach true doctrine: and punisheth, not rewardeth false teachers. Answer 2. Those texts of Scripture, which Charles wresteth, for his owne ends, against the publique set­led, maintenance of Ministers, may fitly be applyed to himself, that wilfully de­pends upon the reward of particular persons, upon their free benevolence; such as he are likely to runne after the reward of Balaam; to preach perverse things, for filthy lucre sake, to please and honour their benefactors, in their opinions, pra­ctices, &c. least they should give them nothing.

Cavil 15. The Apostles lived upon contribution, upon what the people would give them of free good will. Answer 1. This is answered before: The Apostles times were times of persecution, and of poverty amongst the Saints, and therfore is no rule in times of peace, and prosperity, and plenty under a Christian Magistra­cie: Answer 2. The Apostles had the estates of believers of ability laid at their [Page 22]feet to distribute them for the support of Ministers and people, in those unsetled, persecuting times: If the Apostles practice in times of persecution, must be a rule for Ministers maintenance in times, of the peace and prosperity of the Churches; then the peoples practice in those times of the Apostles, should be a rule to the people, now to sell their houses and lands, &c. and bring the price of them to the Ministers. Answer 3. Will such as now with-hold the maintenance which is the propriety of godly Ministers, by law and right; Will such (I say) will such freely maintain godly Minister? Answ. 4. This maintenance by free contribution, and almes, as it were, is in all likelihood, and is found by experience an occasion, for Ministers to comply with carnal wicked people, in a man-pleasing way for livelihood? It was Jeroboams policy to have Priests dependant on his contribution, to be his Trencher-Chaplains, these were ready to sacrifice to the golden Calves, which the Priests and Levits, having a setled maintenance, refused to do: though Jeroboam and his son persecuted them, and put base ones in their rooms (2 Chron. 11.13, 14, 15.) Answer 5. Will the Profane or Heretical Person freely maintain a godly Orthodox faithful Minister? whose doctrine, reproofs, &c. are very unpleasing to flesh and blood. Answer 6. Experience shewes how godly Ministers are maintained by free benevolence, where there is no setled publique maintenance; in many places, the godly are the poorest and fewest; and we see many professors charity is but cold; upon this accompt many able and godly Ministers, that have members of their Sacramental Congregations from divers Parishes, until the Pa­rishes be fitted with a competent number of fit Communicants, by the setled Preaching of the Gospel amongst them, by able and painful Teachers: I say, upon this accompt many of those Congregational Ministers do not subsist onely by the con­tribution of their Congregations; but have publique setled maintenance, without which they could not comfortably subsist, and provide for their families. Answ. 7. Those Ministers that have been necessitated to live upon contribution, have and do finde, That mans nature is variable, and peoples mindes are aliened from them upon no occasion, they become such Ministers enemies, for Ministers telling them the truth: they say, Hail Christ too day, and crucifie him to morrow: Make a God of Paul, to day, and stone him to morrow; willing to day to pull out their eyes to do him good, and are ready to pull out his eyes to morrow; The free contribution of such a variable nature is very uncertain, and is so found by daily experience.

Cavil 16. I finde no precept in the Gospel for the paying of the tenth, or any other certain rate, therefore ile pay none: If God had set down how much I should pay, I would have paid it: I may pay too much, or too little, and so sin. Answer 1. The Gospel requires a liberal and certain maintenance of Gospel Ministers ( Gal. 5.6. 1 Cor. 9.3.) Answer 2. Gods Law for the maintenance of those, that were his Ministers under the Law, is set down, in answer to this cavil: Do ye not know that they which minister about holy things, live of the things of the Temple? And they which which wait at the altar, are partakers with the altar: Even so hath the Lord ordain'd, that they which preach the Gospel, should live of the Gospel, 1 Cor. 9.13, 14. This even so will satisfie this pretended Scruple or Objection, It proves a liberal, & certain setled maintenance for Gospel Ministers, by Tythes, Glebes, or otherwise. Even so, which even so Master Canne leaves out, when he cites this Scripture, in his lowd voice, and cry against the godly setled Ministery of England and their maintenance: al­though he could not but be convinced in conscience that this is the scope of the A­postle, [Page 23]to shew that Gospel Ministers maintenance must be at a rate answerable, to that which those injoyed, that did minister about the holy things of the temple: There is no commandement to vary or alter from the same certainty, and propor­tion: God shewing by this, even so, that he hath no lesse care of Evangelicall, then Leviticall Ministers, for their liberall certain setled maintenance, not by the will, bounty, and pleasure of men, but by a certaine tenure, and establishment from God: even so, &c.

Cavill 17 Is printed expresly by Charles Nicholls, if people do not heare the Parish Priest, they need not pay him tythes or duties; Hence the Caviller saith, I do not hear the Priest, therefore I will pay him no tythes; if I reap none of his spiri­tual, he shall not reap my temporalls; and if he must be partaker of all my good things, I must be instructed by him: (1 Cor. 9. Gal. 6.6.) Answer 1. This untrue and seditious position is not only vented by Charles Nicholls and some others, to undo, and ruine all the Godly setled Ministers of England, but to serve his own belly, to draw disciples after him; Charles would have his stoln sheep fat, and have good store of wooll on their backs, such sheep are worth the drawing: if they pay the setled Minister no maintenance, they will be the better able to pay Charles: This is worse then to rob Peter, to pay Paul: it is to rob Peter, and Paul too, to pay Charles, to pay Alexander the Copper-smith, to pay Diatrephes &c. But this asserti­on is become very taking; and prevails very much, to overthrow the setled Godly Ministery: Thus of old they that did runne before they were sent did steale Gods word, every one from his Neighbour ( Jer. 14.14. & 23.30) Diodate expoundes it, they fraudulently take upon them to preach the word, and steale from the called Prophets all authority, and credit; As the false Apostles practised against the true Apostle Paul, whereby he was put to it, to justifie his ministery, Answer 2 And this doctrine of Charles doth not only tend to the ruine of the Ministery, but to the losse of the soules of the people: for, upon this account, many will heare no Minister at all, to save charges: if they hear not the Minister, they say they are free from charges to the Minister; I know divers parishes, that have no Minister at all, to save charges; they may have the Gospel preached to them; but they prize tythes above their soules; Gaine is their chief godlinesse; Answer 3. The peo­ple have no power to pay their tythes to whom they please; no more then to pay their Land-lords rent, or debts to whom they please. For the tythes are not the peoples own, to give or pay, where they please; They are not their own good things, their own temporall things. Answer 4. Upon this account those that occupie lands in parishes, where they live not (Out-dwellers) will pay nothing, to such Ministers, for the upholding the preaching of the Gospol, in those parishes: the setled maintenance rising out of those lands, yet the greatest part of the lands in many parishes is farmed by Out-dwellers:

Cavill 18 If the Ministers would live as they should doe, and preach, as they should doe, no man would refuse to pay them; they would pay them out of meer reverence to their worth: as the thieves, that stole Mr. Gilpins horse when they heard it was the horse of so holy a man, the thieves brought him his horse again, and asked him forgiveness, &c. this objection I have heard, Answer 1 The most pious, able, painfull Ministers, are most defrauded, by unconscionable, prophane, people, only because they are such Ministers: when illafected are truly paid: Christ himselfe, who was holy, harmless, &c. was betrayed by Judas for lucre sake: [Page 24]And Saint Paul, who led an examplary life, and preached better then any Mini­ster now living, and could worke miracles, yet he suffered hunger and thirst, and nakedness, had no abiding place, and was in perils of robbers, in perills of false brethren, and put to worke for his living (1 Cor. 4.7. 2 Cor. 11.26. &c.

Cavil 19 If tythes were put into a common treasury, and more equally divided, by stipends, I would willingly pay tythes: A. 1. It would be a vast charg to gather tythes into a common treasury, neither minister, nor people would be gainers by it; but that charge about collectors, treasurers, journeys, attendance, must needs be losse to some: Answ. 2 We see how it fares with the Ministers of the reformed Churches beyond the seas, in Holland, Palatine, &c. The Protestant Princes have the tythes; the Minister a stipend, which is generally so mean; that the people, after they have paid their tythes to the State, are necessitated to add to the Ministers mainte­nance, out of their owne estates: as it was here in the Bishops time, before the Parliament, in many parishes; the people paid tythes to Non-residents, whose Curates were a burden to them besides, yet these people, now the Bishops Courts are down, not fearing the present lawes, doe refuse to pay tythes only without any further charge to resident, godly, painfull preachers: who keep house a­mongst them, and beare the burthen of the parish, with them: In the Palatinate, before the sword entred there, the Ministers condition was such, that a Pesant, or Yeoman, scorned to marry his daughter to a Minister; their servants were thought good enough for them; And how it fared in this kinde with famous Scultetus, is famous: And this was the immediate fore-runner of the Palatine desolation, ac­cording to that of old (2 Chron. 36.15.) Answer 3 It cannot be proved, that ministers maintenance was equal of old; but the contrary, and there is just ground of inequality, in many respects, as of place, Citie, or Countrey, of the Ministers deserts, families, &c.

Cavill 20 Many do petition against tythes all the Nation over, therefore Ile pay none: Answer 1 This rather argues for tythes; it was said, of the true Reli­gion: This Sect is every where spoken against, and we read in the Gospel, that they all petitioned and clamoured against Christ himself; they all ctyed cru­cify him: They cryed out against Paul, this man is not worthy to live; but there was nothing found in Christ, or in Paul, worthy of death, or of bonds: Answer 2 Many petition against tythes meerly out of ignorance, opinion, passion, interest, for company, out of hatred to the Ministery it selfe, which they desire to overthrow, but will not cry downe the Ministery in plain termes, but endeavour to bring their end to passe by unsetling ministers maintenance, which would in a litle time destroy both maintenance, and ministery; One that came up to London to petition against tythes, being asked why he was so earnest to have them down; he said, He should get 30 li. by the year, if tythes went down: but being convinced, that if tythes went down, his Land-lord would add his Tythe-rent to the Land-lords-rent; he presently said, I will home again, as fast as I can trudg; let them petition that will; A. 3. The Clamour and Petitions of millions is not to be regarded, if it be can slesse, and a­gainst right: Answ. 4. Neither magistrates nor people must follow a multitude to doe evill. They must not so much as speake in a cause to decline after many to wrest judgement ( Exod 23.3) it was the sinne of unjust Pilate the Governour, who delivered innocent Christ to be crucified only upon petition, & clamour; and there [Page 25]was a law made by the Heathen Emperours, that no Christian should suffer for clamours of the people against them: Answ. 5 Many Petitions have been made for tythes upon better grounds of Scripture and reason, then the contrary petiti­oners have or can produce; If both be compared, some of these contrary petitions, having nothing but noise, not a word of Scripture-grounds or inference of right reason, and these petitions from a very few in comparison, though pretended from many, and they not of the best.

Cavil 21. Setled maintenance by tythes or otherwise, breeds contention: if there were no maintenance setled, there would be no contention, between Minister and People, no Law-suits, &c. which hinders the Gospel. Answer 1. This might have been objected against Gods Law for tythes; that God had setled a contentious main­tenance, which to say is Blasphemy. 2 Contentions arise not out of the nature of tythes, but out of mens passions and infirmities: Those that refuse to pay tythes are the cause of the contention; they necessitate them, to whom tythes are due, to contend for their right, which is deteined from them: The Non-tythepayer, is the contentious person: The Tythe-receiver only defends himself, when he endevours to keep off the wrong in a legal way, without which he must of necessity lose his righr, and be guilty of his own wrong, and of the hardening of others in wickedness: There are two things especially, about which, if the Minister would not meddle with, there would be no contention (in all likelihood) between him, and the people; The one is his maintenance. The other is, the sins of the people: let him meddle with none of these two, he shall live without contention Answ. 3. Very many godly Ministers have set down quietly, amidst their great wrongs, in these times, only to avoid contention, lest thereby they should prejudice the Gospel; but I have found by experience, woful experience, that this forbearance hath hardened men to be more unrighteous, as soft fires harden some things; by bearing one injurie, wicked men are invited to do more injury: I know a Minister in Essex, that remitted about 20 pounds due to him, for some tythes taken from him in harvest, 1652; and the same Tythe-robber carried away all his Tythe-corn in har­vest, 1653; I hear of hundreds of examples in this kinde. Answ. 4. Any other setled maintenance, besides tythes, is subject to the like contention, as Rates, Sti­pends, Augmentations, if they be not paid, they must be contended for, or lost; which losing for want of lawful seeking after, the present Minister is accompta­ble, not only for his being accessary to his own wrong, and defrauding, but for the wrong done to his successors, and to the Church of God, which might be bene­fited by that lost maintenance, if it had been contended for, for the support of succeeding Ministers. Answ. 5. Tythes, and Rates are a maintenance subject to contention, by reason, that people are emboldened to detein them, through de­fect of law and justice: but if better lawes were made, and speedy, and impartiall justice executed against that iniquity; so, that such unjust men shall not only have cause utterly to despaire of impunity, and gaine; but be certaine of punishment, and loss; they will be necessitated to leave of that Trade, which will undoe them, and is the only occasion of the contention; and tythes will be found to be no con­tentious maintenance; Answ. 6. The people by their lawlesse contention, purposely endeavour an abolition by law, of their payment of Ministers maintenance.

Cavil 22. Tythes will ease the land of taxes: There are ten thousand Parishes in [Page 26]England, the tythes whereof will come to a vast summe: Answer 1 We must not doe evill that good may come thereof, oppression is evil, undoing Gods Ministers, and thereby rooting out the Gospel, is evil. Answer 2. The propriety of other men, the revenue of Officers, Land-lords-rent would ease the States, in taxes, which should rather be born by any other revenue, then by the Revenue of Ministers; we finde in Scripture that the Priests lands in Egypt were not sold, in time of ex­tremity, when other lands were sold.

Cavill 23 I cannot profit by the Minister; Therefore I will pay him nothing: Answer 1 This may be only a pretence to defraud him, a cloak for covetousnesse, Answer 2 If the Minister be unfit, the Magistrate will remove him, if he be fit, it is thine own fault, rhat thou profitest not by him, thy unjust hatred, contempt, prejudice against him, hinders thy edification, by his labours.

Cavill 24 Tythes intangle Ministers in the world, and distract them in their Studies, callings, duties, &c. Answer 1. Ministers of old looked after their livelyhood: Answer 2 Ministers setvants look after their tythes: Answer 3. There is distra­ction in rates, it is found by experience that it is bad tything out of peoples purses, though the rate be never so low, in comparison of the tythe in kinde, yet journey after journey to men of ability, still excuse upon excuse, and in the end, after di­vers yeares forbearance, the Minister is forced to goe to law, or lose all; if more particular lawes for tythes inkinde, they would trouble lesse then rate, or stipend; and tythes being in possession, are ready money at all times, when the rate, or stipend cannot be had: From the North the Miaisters write, that to live in a sti­pendiary way doth obstruct them in their studies, and distract them, abour their Provisions for themselves and families; They write from thence what wearisome, and frustrate journeyes have Ministers made for their stipends, long after they have been due, These Northerne parts can declare; There being a Commission from the late Parliament, for the Propogation of the Gospel there, and their best care used to draw Ministers maintenance into a common treasury; They (after much experience of the manifold inconveniences thereof) were forced to devolve it again into its old Channel.

Cavil 25. Tythes and a setled maintenance keeps up an idle ministry: Answer 1. This is objected against Gods proceedings, who setled tythes and certain main­tenance for his Ministers of old. Answer 2 Idle ministers are to be thrust out, like droanes; he that will not work, should not eat, only the labourer ( not the loyterer) is worthy of his hire: Answer 3 If the labourers wages be arbitrary, he is com­monly lesse industrious; he knowes not what he shall have; and (if he be con­sciencious) his certaine good reward will make him more industrious; This is Saint Pauls argument to move us to abound in the work of the Lord, 1 Cor. 15.58.

Cavil 26 The Parson is rich enough, he can spare what I take; Answer 1 This is the usual pretence of poor rogues; It is no sin to take from such a man, he is rich enough, he is able to bear it; but Gods command is, Thou shalt not steal: he doth not say, thou shalt not steal from the poor, he doth not say from the rich thou mayest steal: thou mayest steal tythes.

Cavill 27 The Minister would be too rich, if all his tythes were truly paid him: Answer. Compare Ministers maintenance now with the maintenance, which God setled upon Ministers in Israel: They had forty eight cities, with their Villa­ges, [Page 27]Suburbs, and Fields ( Numb. 35.) besides tythes, offerings, &c. Shall the Ministery of the letter be so plentifully, and certainly provided for; and the Mini­sters of the spirit uncertainly, and illiberally; especially in a Christian State where are already revenues of lands, tythes, &c. setled without any charge to the present people of the Nation, for the maintenance of such Ministers?

Cavil. 28 The Souldiers (whom God hath owned in these times) are against tythes: Answer 1. It is strange that Souldiers should be against paying tythes, seeing the first tythes that ever were paid, that we read of, were paid by a Souldter by Abraham, the Father of the faithful, at his victorious re­turne, he paid tythes of his spoils, and he paid tythes of all; and he paid them to the first Minister we read of ( Gen 14. Heb. 7.) which act of Abraham, all that professe themselves the children of Abraham, by faith, are to consider of, especially Souldiers: Answer 2 Souldiers live not upon benevolence, they have a certaine pay, certaine wages ( Luke 3. 1 Cor. 9.) Their Army Chaplaines live not upon be­nevolence, but have a certain liberall maintenance, a forced maintenance, out of taxes; Now the word of God shewes that Ministers are Souldiers, they are all Officers, and therefore, are to have a liberall certaine pay. (1 Cor. 9.1 Cor. 10.4. 1 Tim. 1.8. 2 Tim. 2.3, 4. & chap. 4.7.)

Answer 3. The Example or judgement of any men in the world is no rule for us to follow without, or against the word of God, which word, how it holds forth, if not the necessity yet the lawfulnesse of tythes; as the maintenance of Gospel Mi­nisters, we have seen before. Answer 4 It is not the judgement of all Souldiers, many Souldiers are of another judgement, men of that Calling, Eminent for Wisdom, Valour, Place, and Authority: Answer 5 Suppose all Souldiers were against us, for doing that which is our duty; we are not to sin out of feare of fire or sword, he that will save his life, shall loose it: Feare not them that can kill the body: but feare him that can kill both body, and soul.

Cavil 29. I never promised the Priest to pay him, therefore I will pay him as litle as I can: This cavil hath satisfied the litle conscience of some, I have lost many pounds by this suggestion of the devil; Answer 1. Right must be done, though we never promise to do it: The not promising to do the duty, doth not justifie the neglect of it; every duty of holinesse, righreousnesse, and sobriety may be excused upon this account, I never promised to pay excise, custome, I never promised not to rob such a man, this is a thin cloak for iniquity, and covetousnesse.

Cavil. 30. Lands and houses were worth but litle when tythes wer first setled, I am content to pay my Tythe-rent, after the value of the land, when tythes were first setled; but now land is worth treble the value: Answer. Tythes were at first set­led absolutely in Fee-simple, not with any limitation for time, or value, of higher or lower prices.

Cavil 31. The Priest is covetous, looks after money, loves money, tels mony, keeps a Rate-booke, mindes his tythes: Ministers should minde their book, and Sermons, and God wil provide for them, they should trust God, &c. Answer 1. This accusation of the covetous Tythe-stealer, is only to hide his own covetousnesse, and iniquity, to cry whore first. Answ. 2. This is a common and falfe flander raised against the best Ministers, if they looke after and demand their owne, their due, presently they are covetous, none covetous in the Parish but the Priest for sooth: [Page 28]Answer 3. Ministers are not Angels to live without food, and rayment; they ought to provide for themselves, and their families, and may do it without covetous­nesse, or the just imputation of covetousnesse, for so doing, as other men that are not Preachers, when they looke after their rents, debts, dues, &c. are not to be accounted covetous therfore; The Apostle, speaking of Ministers, tels us that in the calling, and office of the Ministery, in the work of the Ministery, of the sower going out to sowe, the word, that sowing is sowing in hope, even of temporall things (1 Cor. 9.10, 11.) Ans. 4. Ministers (as all other men) must trust in God, and pray to God, and depend upon Gods providence for their daily bread; for comforta­ble subsistence in this world: but they ought to use the means, & not to tempt God, by neglect of using the meanes, to get their daily bread, and to provide for their families

Cavill 32 I would pay the Priest justly, if he would let me set out his tythe, for him, by my selfe alone; If he would trust me with setting it out, but he fares the worse, because he is so mistrustful, so jealous, that he hath his men at our heels all the harvest. Answer 1 This is a meer cavil of the fraudulent Tythe-payer to pick a quarrel about this, only to have a colour not to set out, or carry away any tythe in the presence of those servants, that he may leave what tythe he list, in their absence: Amswer 2. If the Tythe-receivers servants attend not to see the tythe set out; the Tythe-payer, will be their own carvers in their absence; Answer 3 Common justice and reason requires (though the law doth not) that he, whose propriety the tythes are, should by himself, or his assignes, see and know that he hath his own; and not be left to the will & pleasure of the Tythe-payer, to pay him what he list, in his absence. Answ. 4. They that mean honestly will ra­ther desire, then refuse, or decline winesses to attend them, to avoid suspition, and contention,

Cavil 33 I do not believe tythes are due, therefore I will pay none; This is a usual objection: Answer 1 The not-believing that a duty is to be done, is no plea for the neglect of that duty; but an aggravation of that sin of ommission. Answer 2. If men might be free from payments and duties for saying, they do not believe they ought to doe it, who would then pay anything; Saith one, God hath not yet set it upon my spirit, to pay excize, to pray in my family, &c. There­fore I desire to be excused: Answer 3. This is rather wilfulness, then not believing, they will not believe that tythes are due, they will not be perswaded, &c.

Cavil. 34 If the Priest would take the tenth childe in the Parish and keepe it, I would thinke it equall to pay the tenth, the tythe of other things to him: An­swer 1 God never appointed his Ministers to whom he appointed tythes, that they should upon that condition, take and keep the tenth childe. Answer 2 Gods pro­vision for his Ministers, which the Scripture holds forth, is for their Livelihood and maintenance, not for their hinderance and charge: Answer 3 Ministers beare their proportion in parochiall charges for the relief of poor children, &c.

Cavil 35 We have gifted men enough, that will preach for nothing, that will maintain themselves, and therefore we need not pay tythes: Answer 1 We have cause to praise God for his gifts in any, and we are to pray that all the Lords people were Prophets. Answer 2 Some are only pretended gifted men, and gifted men in their owne conceipts, and of meer bold fancie undertake to preach publiquely, as experiēce shews, they may have good affections: but are not able to divide the word [Page 29]aright, but speak only good words & matters, (if they be orthodox) but litle or no­thing to the text in hand, & run over 100 theams, in a Preachment; and that in a dull & silly manner; I could name divers such, yet they are cried up by those of their faction, for rare men; I have compared the practice of such meetings to the milk­ing of a goat, by one into a five, and diverse standing about the five, and holding it up, to receive the milke: 3 And these pretended gifted men, comming from their shops and trades, get some pocket-sermons, which they either learne out of printed bookes, or have taken in writing at the sermons of Godly able Preachers, these Sermons they preach up and down, here & there, being Am­bulatory, Journey-m [...]n, Vagrant Preachers, wandring Starres: not being able to sit down with a people, as Pastors, in a constant course of expounding, Cathechising, Preaching: &c. One of these gifted men preacht such a pocke [...]-sermon five times times, one after another in severall Parishes, and in every preaching had these words in the same passage of his sermon (viz.) (Now the Lord hath set it on my spirit to tel you) And by the way, here I cannot but wonder how it can be con­ceived that itinerary preachers should by their unconstant, unfrequent preaching amongst people, be able to frame a people to a way of knowledge, faith, obedi­ence, &c. I instance in John Turner who hath some of his pretended Congregation, in the Parish where I live, above twenty miles distant from him; these neglect the publick preaching of the word, moneth after moneth, though they may enjoy it at their own doors, or not far off elswhere, yet they by their weak principles, not to hear in our Churches, and their wandring star seldome appears in this Horizon. I have compared them to the Inhabitants of Greenland (if any be) that see no day, or Sun for divers moneths.

4 If any such pretended, or really gifted men will take no tythe, its at their pleasure; that argues nothing against Ministers setled maintenance, as Saint Paul would not have his example, in not taking of the distressed Saints, made a rule to all Ministers, 1 Cor. 9.

5 The false Apostles preacht for nothing, as we have shewed before; their cheapness doth not argue their worth, in life, or doctrine, as experience shews.

6 Some of these cheap men bring in a dear reckoning at last: I mean, they creep into houses, and into purses too by degrees, & under pretence of long prayers, devoure widows houses, swallow down large incomes, and get good estates.

7 Some of these men gifted, as they say, without liberal education in Arts, Tongues, at Schools, Universities, &c. are meer dissemblers in concealing their libe­ral education, that by this Jesuitical plot of extraordinary gifts, pretended to be given them in an extraordinary way, they may allure people to errour, and overthrow Schools of Learning amongst us; and may overthrow an able, learned, Ministery thereby; that there may be n [...]ne of emiment learning, to convince the Learned gain-sayers.

8 It will not profit a man to win the whole world, and lose his own soul. If such teachers by weakness, errour, &c. ruine thy soul, if thou losest that upon this account, thou hast made a losing bargain.

Cavil 36. The Priest is put upon us by others, by the Parliament, by the Patron, against the will of the Parish. He was never chosen by us, though he be sent to us by Authority, we do not take him for our Minister; and therefore weel pay him nothing: [Page 30]Let them that set him on work pay him his wages, if others provide us servants, let them pay them their wages.

Answ, 1. The Christian Church and State, that take care to have Ministers sent to places, for the Propagation of the Gospel, take care and make provision for such Ministers, without any charge to the people, or parish whether they are sent; the setled, established maintenance of such preachers, is from the State, by Houses, Glebes, Tythes, Augmentations, &c. The people, the parish is at no charge for such Ministers wages, as is already proved: Tythes are not the peoples, but the Ministers propriety: Answer 2 Those that choose their preacher, which is not provided for, by the Christian Magistrate, by a publique setled maintenance, they cannot doe it but at their owne charge, it is their private transaction, at their private charge.

Answer 3 The State knows the unfitnesse of Parishes, as yet to choose their own Preachers in regard of deformation, that is left in them by the Prelaticall gover­ment, & by the experience of what teachers the most Parishes approve of, &c. Answ. 4 The people have a Negative voice, if they can shew just cause against a preach­er, that is sent them, by a rationall dissent, not by a wilful causless opposition of Ministers sent unto them. Answer 5. The Scriptures speaks of sending Ministers, and it reproves those that have itching ears that heap teachers to themselves (2 Chron. 16.15. Math. 23.37. 2 Tim. 4.3.

Cavil 37 I would pay my tythes justly, if I paid them to an Impropriator that payes mony, and rent, for his revenue: but the Priest payes nothing, but prates a litle, &c. Answer. Some object this when they should pay tythes to the Minister, where they live, and after removing to a parish, where an Impropriator had the tythes, have refused to pay him, alledging that if the Impropriaton did take paines for his tythes, as the Minister, or if he were a Minister, they would pay him.

Cavil 38 The Priest is a Devilish Round-headed Priest, breakes downe godly Images, and Pictures, pulls down the Holy-cross, & Holy-water-font, refuseth to use the Common-prayer-book, to marry, to give the Communion to all, to pray at the grave, to preach on Saint Christmas-day, &c. If he will not do his duty, we need not pay him his wages: Let him doe his Office and he shall have his be­nefice; I wil pay him no tythe, but a tythe halter, this I have often heard: Ans. This is to persecute a Minister, for righteousness sake, for well doing; This is to render evill for good: Christ himself, the great Shepherd of the Sheep, and his Prophets and Apostles, were so dealt with for their faithfulnesse in their places: So perse­cuted they the Prophets instead of mainteining them.

These are the principall Cavills raised against Ministers maintenance, where­by ignorant and wicked men, do blinde, and harden their consciences against the revealed and implanted light, and truth, for their owne ends.

CHAP. IV.

IT is High-time then for the Christian Magistrate to take this cause into speedy consider [...]ion for the suppressing of these causlesse and wilfull oppressions, acted daily against Gods Ministers: And although the discovery of the disease, the beholding of the man fallen amongst thieves, be motive enough for com­passion [Page 31]and relief: yet I shall lay down some further pressing arguments for the speeding of that righteous and pious work: to this end,

First, consider that pious Princes in all ages, have advanced the setled main­tenance of Ministers by strict lawes, and impartiall justice, as Histories shew; they left not men only to their own conscience, and to the law of God; even of old, besides Gods law, there were humane laws, for the certain maintenance of Ministers (1 Chron. 31.4, 13. Nehem. 13.6.)

2 Consider how many godly Ministers have bin wearied out, and worried out, of late yeares, and have been necessiated to leave their places, and shift for them­selves to prevent their utter undoing, as in time of Deformation ( Nehem. 13.10) They have spent their temporall estates, in spirituall livings, of a reall considerable value; but not so to them, by reason of these fraudes: Ministers have spent more in Fifts, Tenths, Taxes, &c. then they received in all their Tythe-revenue, year after year: Some Ministers of worth have been constrained to sell their books to buy bread: Mr. Perkins in his Treatise of the Duty and Dignity of Ministers, seems to prophesie of these times; The Ministery (saith he) for the mast part yieleth no­thing, but a plaine way to beggery; Divers Ministers, who living frugally in places of 200 pound per annum, yet through these frauds and oppressions from the people, besides taxes, Fift-parts, &c. died so poor, that they left their wives, and children, to the publique almes of the Parish: and Impropriators undone by these frauds, and constrained to yield up their leases: so that, if tythes continue to be paid, as for­merly, without better law and justice for their recovery, especially, seeing these frauds increase more and more daily, it is humbly conceived, that it were well to build Hospitals and Alms-houses, in every Citie, & County, to harbour and relieve decayed and undone Ministers and Impropriators, their wives, and children; and upon this accompt, consider this oppression and ruine is the more, by reason of the great, extraordinary charges to which Ministers are put, now more then heretofore by providing so many servants, to looke after their tythes, in harvest especially; where two Tythe-lookers would serve the turn before the first Parliament, when the Ecclesiastical Courts were in power: now ten, nay twenty, nay a hundred are too few: whereby the Minister is at excessive charges, which eats up all his profits: Yet these many attendants cannot so attend the Tythe-payers, which will give no notice (though attended upon) when he will tythe, and carry his Corn; but he will finde a time to carry it away day or night, so, as none of those servants shall know what tythe was due: so that, it had been better for the Tythe-receiver to have no Tythe-looker, but to leave all to the Tythe-payers unconscionable conscience which (in some) is as wide as their great Barns great door.

3 Consider the crying sin of Oppression: If the wages of one labourer kept back a short time cry, Deut. 14.14, 15 ô what a lowd noise do the cries of so many hund­reds of Labourers in Gods Harvest, make in the ears of the Lord of Hosts, against these oppressors, and those that have power to relieve these oppressed ones, and do not relieve them by Law and Justice.

4 Consider that if authority be wanting in so necessary Laws, and due execu­tion of Justice, they make the Nation guilty of such sins, as for want of good Lawes are practised: For God hath given authority to all Nations to make Laws for the observation of his Divine Laws, which if authority neglect to do, it sins; [Page 32]and inferiours sin in not following them with Petitions and Importunities, for the making of such Laws; and this is one aim of this Treatise, and was the aim of the weighty Petitions, from many parts of the Nation, especially from the Renowned City of London, Worcester-shire, Hamp-shire, the Northern Churches, &c.

5 Consider that Ministers setled maintenance is their Propriety, as hath beene proved; Oh let not such a president of taking away propriety be tolerated; least it ruine all propriety: Tythes are said to be Gods propriety in some respect, when those that with-hold them are accused by God himselfe; to be robbers of God ( Mal. 3.8.) God gives them to his Ministers, they are paid and payable to God, in his Ministers. It was a part of the Declaration of the Parliament ( Declarat. 10. Jan. 1642) that their ayme was to maintain propriety and the free passage of justice

6 Consider Ministers layings out are certain, for cloaths, food, &c. and for the Publique, for First-fruits, Tenths, Taxes, Fifts, Reparations, &c. These are requi­red & forced from Ministers by strict law & justice; I have known Souldiers quar­tered on Ministers, for their not paying Taxes, when the people had the Ministers tythes ten times in value in their hands; And Ministers in that case imprisoned, for not paying taxes, and sequestred for fifts not paid, when their tythes were gene­rally substracted, and are withheld to the value of more then a hundred pounds, inquire at Great-chart in Kent, &c. Oh what injustice is it to suffer them to be de­frauded & thereby disabled to discharge these duties! to command water, & let the fountain be taken away; to exact the full tale of brick, & not see straw allowed, but what they can catch, scrape, rake and scramble for: if this should continue, would it not be construed a publique fraud? oh let it not be said thy Princes are rebelli­ous and companions of thieves, ( Isa. 1.24.) The crimes of persons are grievous, but those of a State are more grievous; The corruption of a member is not so grievous, as the corruption of the whole body: The greatest Empires in the world without justice are but great tents of robbers.

7 Consider that righteous lawes and impartiall justice, especially for the reliefe of the oppressed, will protect and support the Higher Powers, better then the sword will do, and uphold all good mens Love and Assistance to those Powers.

8 Consider rhe times were very sad to Godly Ministers, under the long and late Tyrrany of the Prelats; it was but at the beginning of the Parliament, the Iron-teeth of these beasts were knockt out, and the iron yoakes which they put upon Godly Ministers, pulled off: it is very strange the people should take lawlesse liberty pre­sently after, to put a Hogs-yoake on Ministers necks, and to muzle the mouth of the Oxe until they have made an asse of him.

9 Consider that this States Counsels, and Actions, in these destracted times have aimed at, and effected the reliefe of thousands of oppressed ones, in the three Nations; the reliefe of Creditors and Debtors, by providing a remedy against all frauds in matters of debt whatsoever, reliefe against the frauds of Meale-men, &c. Godly Ministers are the most oppressed party in this Common-wealth, none more vili­fied, molested, defrauded, impoverished, then they. 10 Consider Persons engaged in the prosecution of the great work of these times, for the preserva­tion of religion and liberties should be secured against the enmity and revenge of those that maliciously, or ignorantly seek revenge on such for their good affection; [Page 33]as hath beene done for well-affected Tenants against ill-affected Land-lords and for others, by the the Honourable Committee for Indempnities; The case of God­ly well-affected Ministers requires this protection and relief but where is it? they have been and still are defrauded, persecuted, ruined, for their good affection and zealous actings for the State, and for Reformation: especially those Mini­sters that were sent out, at the beginning of the Pa [...]liament, and did venture then all they had, even their lives, for the State and for reformation, and for that cause have hitherto suffered exceedingly from some people; especialy by these frauds and oppressions, which the dis-affected act against them, not only out of cove­tousnesse; but more out of revenge against such Ministers, that first opposed the Popish and Prelaticall ways, and brake the ice for Reformation; It is a grief to see how such Ministers, continuing all along cordiall to the State and to reformation, are little regarded or secured from wrong; notwithstanding all their faithfullness and suffering, and especially those in sequestred Livings, who besides, their present want of relief by the Commitee for Plundered Ministers, in point of maintenance, are subject, to every Patrons pleasure at the death of the sequestred Incumbent, to be turned out, as experience daily shews, being thrust out of their sequestred Livings, to the hardning, and triumph of profane, ignorant, and superstitious, ill affected people, who hate, and persecute such Ministers, for their zeale for God & the State, their zeal for Gods house eats them up: They are devoured not only by the openly profane, and dis-affected; but now also by those, whose zeal eats up the house of God, and the Ministers of God too: But the Christian Magistrate, who is for the incouragement of them that do well, should not suffer any to be dis­couraged, or to suffer in, or for well doing, but should relieve and uphold them by his Authority against all opposition wrong, and persecution, acted against them, for righteousnesse sake: else such mens lives are made bitter unto them.

11 Consider, that for want of Law and Justice, to restrein this crying sin of Oppression, many souls perish. The Devils Barns in Hell are filled, as full of the damned souls of those, that have defrauded Gods Ministers of their maintenance; as the Tythe-robbers Barns, Houses, Purses have bin, and are filled with unjust gain:

12 Consider what a generation, and spawn of cheating unconscionable men is propagated by these continued lawless frauds from father to son, from master to servant, who are so fleshed with this constant, unjust gain, with impunity, that they proceed, not onely in these frauds, but to other frauds and thieveries, by degrees, taking their rise from Tythe-robbing; whereby the Countrey, especially, is much tainted with this generation of vipers, that it is a rate thing to finde a plain-hearted down-right-honest-dealing-man: The best of many of them being as a briar, and the most righteous of them, sharper then a thorn-hedge, as it was in the Pro­phet Micahs time, Micah 7.4.

13 Consider what an unjust scandal is brought upon godly Ministers, who should be an example to their flocks; Such Ministers are cryed up to have a Living of such a certain revenue and value, and thereupon their Hospitality Liberality, &c. is expected, accordingly: which expectation those Ministers not being able to satis­fie; hereupon, they are scandalized and cryed up to be covetous, &c. and thereby the reputation of such Ministers is much prejudiced, to the great hinderance of the propagation of the Gospel by them, and their Ministery: For though a Mini­sters [Page 34]good conscience be enough to himself; yet his good name is necessary for the people for their edification.

14 Consider the duty of the Christian Magistrate is to seek the wel-fare and prosperity of the Church above all other Interests, which welfare of the Church, consists chiefly in the welfare of the Ministery thereof. The pious Magi­strates of Israel, were very forward to uphold the setled Maintenance of Ministers, (a Chron. 31.4. Nehem. 9.38. &. Chap. 10.1.) and the Scriptures shew that God would have Magistrates, to be nursing fathers and nursing mothers to the Churches of God, under the Gospel, and bring their glory and honour to it: The Kings of the Isles, amongst others, are prophesied of, to do this, ( Esay 49.23. & 60.9, 10. Psal. 72.10, 11. Revel. 22.24.) and how can this be done, but by Patronage, Laws, Statutes, Priviledges, Charters, &c. for the setling, upholding, countenancing of a liberal and certain Maintenance of Ministers of the Church especially?

15 The Declaration of Parliament of the eight of June 1649, Promiseth a li­beral and certain Maintenance of all Ministers: I am affraid that the real settle­ment of that liberal and certain Maintenance, in all places of the Nation, out of the Church-Revenues, which were abused in mainteining Abbey-lubbers, &c. and thereupon alienated, hath been a sin, which hath oried lowd against the Kings and Parliaments of this Land: For want of this settlement, the Gospel hath been hind­red, and there hath been much guiltiness of the blood of souls, which have peri­shed for want of an able Ministery: The pious intent of those that gave that Reve­nue to God and his Service, originally (though in an ignorant and superstitious way) hath bin sacrilegiously abused; Their zeal and forwardness, The stones and timber out of the ruined Abbies, Palaces; and Houses; and the stones out of the Lands belonging to Abbeys, Bishopoicks, Deans and Chapters, will rise up in judge­ment against us, If now, now in this golden time, and opportunity, this liberal and certain Maintenance for Ministers, be not setled in all places of the Nation: It hath been observed by Histories, that suppressing of Tyranny hath commonly brought in Anarchie; as it had almost accomplished at this time in this Nation; If the Le­vellers had prevailed, and the Government of the three Nations had not been set­led: And as it is in the State, so in the Church, seldome any Reformation of Idolatry and Superstition, without Sacriledge: I question whether the Reformed Churches in other Nations, and the States there have not something to repent of, upon this account of Sacriledge. It is observed, that the Jews, before their Babylonish capti­vity, were very Idolatrous: but afterwards, after their return, fell to be exceeding Sacrilegious, exchanged Idolatry for Sacriledge, ( Mal. 3.8, & 9.)

16 Consider the hindrance of the Propagation of the Gospel, by the frauds, wrongs, and oppressions, acted against the Ministers of the Gospel. This sad condition of the present setled Ministery, alienates the mindes of very hopeful Scholars from entring into the Ministery: Diswades Parents from disposing their sons to that Calling? I heard a Scholar, at his Ordination in Black-Fryers lately, being asked why he entred upon that holy Profession, Whether for Gods Glory, or for other re­spects? his answer was, that the times were such, so sad for Ministers, that, that question might have been spared; Seeing there was now nothing for Ministers, that intended to be faithful to aime at, in undertaking that Holy Calling in these times, but only Gods glory. And experience tels us, daily experience, that upon this arbi­trary [Page 35]power, which people have in many respects to illude the Laws, and to pay their tythes, in a great part, how, and to whom they please, according as Mini­sters humour, and please them, or displease them, the Gospel, and Reformation is thereby much hindred: Ministers thereupon must comply, or be undone, we see a wo­ful compliance of many Ministers, upon this account only, that Tythes may be well paid. They will hold in with all Tythe-payers, and give them content in all things, swear and tipple with them, to please and humour them; uphold Popish Holy-dayes, pray over the dead; above all, they are careful to administer the Sacrament to all; though never so ignorant or scandalous: one and all, like Hogs at the trough; Come, and come all, said a Minister, lately in the next Parish Church: and another neer me, after he had set up his Altar and Rails, said openly in the Church, immediately before the Communion, Come all up hither to the Man­ger of your souls. And such Ministers, to comply upon this accompt, knowing the peoples lawless liberty about their Tythes, are very wary how they reprove or op­pose their sins, either publikely, or privately; I shall never forget what a godly Minister told me, touching a Non-resident, for whom he preached at Milton in Kent: The Curate told the Non-resident, that such a chief man of the Parish pro­phaned the Sabbath exceedingly: Tush, said the Non-resident, Let him alone, he payes his Tythes well, if you meddle with him, he knows what he may do, to half undo me in my Tythes.

17 Consider that unless the Maintenance of Ministers be more certain, but con­tinue arbitrary (in a manner) as the case now stands, there must of necessity fol­low thereupon an utter overthrow of a godly able Ministery, and thereby the ruine of the Gospel it self, for want of a certain, liberal Maintenance, for such Ministers: Mr. Stock (writing upon Mal. 3.) tells us, that Julian the Apostate ruined the Church more then any persecuting Emperour before him, for they overtherw Mi­nisters only, but he overthrew the Ministery it self, by taking away Tythes: and-thereby overthrew the worship of God; which is all one with a liberty left to people, to take away, or with-hold the Ministers maintenance. Lastly, consider the blessing of God, that comes on those that make conscience of performing this Re­ligious duty touching the maintenance of the Ministers of God, whereby the wor­ship of God is upheld (read Deut. 14.22, 23, 28, 27. & Chap. 16.12. Prov. 3.9, 10. Mal. 3.11, 12). Think of Abraham, the first Tythe-payer, as we have shewed before▪ God blessed him greatly, and he became great, and gave him flocks and herds, and silver and gold, &c. And Jacob the next Tythe-payer, we read of ( Gen. 28.20.) God blessed [him and his posterity, the children of Jacob, the children of Israel. And on the contrary, consider the Curse that follows the neglect of this duty, and the judgements of God upon those that deal not faithful therein; Those that neglected this duty were cursed with a curse, they carried out much, and brought in little, ( Mal. 3.12.) The holy Prophet Samuel speaks of King Sauls taking the tenth of their seed, and of their Vineyards, and giving them to his officers and servants (1 Sam. 8.15.) what became of him and of all his? ruine, bloud, and de­struction followed them. The cry of the oppressed servants of God comes up be­fore God, who by this sin especially, is much provoked to wrath, and to poure out his judgments against Princes and people, even whole Nations, where Gods Mini­sters are misused, despised, oppressed: for this sin God sent against Israel the King of the [Page 36]Caldees, who slue their young-men with the sword, &c. 2 Chron. 36.15. And what thinke we shall become of those States, and private persons, who take away, or suffer to be taken away, that maintenance of Gods ministers? especially, seeing there is a fur­ther obligation now upon us, to uphold and pay it: Because men of ability have formerly, and of late, out of their piety, charity, and bounty freely given and legally setled Houses, Lands and Tythes upon ministers, out of their own proprieties and e­states, which they lawfully might do; and moreover, when they did give, and settle that maintenance, they laid a curse upon those that should take it away (as Histories shew fully.) The Miseries of Germany began (as we have before shewed) with the deniall of paying tythes: The Prince Elector Palatine took a­way tythes, which were so setled upon Ministers; he tooke them away to maintain warres, he lost all for neer thirty yeares together: the Christian world is full of such examples, and in this Nation in private families: I shall only mention the sacrilegious practice of the late Bishops here (Arch-bishop Laud especially) who hindered the maintenance of Godly Ministers which was advanced by the buying in of Impropriations, which Godly people did purchase and bestow for the maintenance of such Ministers: Those Bishops destroied that worke and persecu­ted the Feoffees that were imployed in it, and had ruined them, had not the Par­liament come on: (See the Historie of this, in the Historie of Archbishop Lauds Triall) But this was the threshold of the Prelates ruine; they had a viall of wrath poured upon them, which makes them knaw their tongues for pain; They have since lost all, Honours, Maintenance, &c,

CHAP. V.

ALl this calls for some speedy means and remedies, to cure this Disease, to take away these Fraudes, Wrongs and Oppressions. Humble Proposalls for the Pro­pagation of the Gospel, and touching the nature, lawfullnesse, and right of tythes have been incourged and received, from meane persons by the Higher Powers of late; for this cause of Ministers maintenance is a Gospel-cause, tending much to the Propagation thereof: It is a cause of publique Interest, which all men have some Interest in, and are bound to promote. Joseph, though a slave in Egypt, made Proposalls to a great King for the common good to keep off a Famine, and he found acceptance; I conceive the People-enslaved Ministers in England, have cause and inducements now to do the like, to keep off a spiritual famine, of the Word from all, and a temporal Famine, or want, from themselves.

1 Proposall. That no Tythe-payer may take, or cary away, any things tythe­able before the Tythe-receiver have notice, when the things tytheable are ready to be tythed, so that the Tythe-receiver may see the tythes set out, if he will: if some expedient to this purpose, be not found out, the laws for tythes, or tythe­ing, are to litle purpose. Before the Parliament, when the Ecclesiasticall Courts and Lawes were in being, tythes were justly paid: People durst not carry away [Page 37]their tythes; or any part of them, unlesse compounded for, or tythed out by the Tythe-receiver, or in his presence, or in the presence of his assigne, or servant, who rode about in harvest, and asked the Tythe-payers to have the tythe set out, who, knowing the danger, if they were sued in the Ecclesiasticall Courts, and to pre­vent further trouble, would deal fairly & either bid the servant set out, & bough out the tythe himselfe, or else appoint him to come at such a time and see it set out: which seeing the tythe set out, by the Tythe-receiver, is a thing, just, rea­sonable, and possible: The law should be imp [...]rtiall to all parties; for them to see they have their owne, and to be at liberty to in joy it, when they will; The Tythe-payers see they have their owne, their nine parts, why should not the Tythe-re­ceiver, who is the other party in this cause, see he hath his owne, his tenth part or tythes, which are his propriety, and estate? It was one Proposall of the Officers of the Army, in August 1652: That the Lawes which are unjust & unreasonable should be reformed: This is an unjust and unreasonable defect in the recited Statute, for prediall tythes, paid in kinde, that one party should see he hath his owne; the other having no power by law; to compel the Tythe-payer, to let him see he hath his own, his tythes; Is it not unjust, and unreasonable, that one party should divide and choose too, in the absence of the other party? as I have said, by law, none but the Tythe-payer hath to doe, to set out the tythes, and may doe it in the Tythe-receivers absence: If there were money due to the Tythe-payer, or goods to be divided between him and another, would the Tythe-payer thinke he were justly dealt with, if he were hindered from seeing the money told, or the goods divided? would he thinke that payment good, and put up the money, not knowing it were the summe, that was due to him? Tythes are as due, as mo­ney upon a Bond: The Customers suffer not Merchants to lade or unlade their goods without their knowledge; They will know what custome is due for them: Wayters are put a board to attend the Custom, the Ship-men have no power to shift off those wayters and lookers after Custome, and in their absence to convey away their goods, and pay what Custome they list. The Customers will not leave it to the conscience of those that should pay Custome, or leave it to them to accompt, and pay what custome they say is due, or are ready to prove, by witnesses chosen by themselves; The Customers have Wayters, and Witnesses of their owne, to see that no goods be privately conveyed away, before the value, and dues for Cust­ome are known: But this intolerable charge of Tythe-waiters, or Lookers after tythes is in vaine, or may be in vaine, at the pleasure of the Tythe-payers, who have by law, power in their hands to keepe the Tythe-receiver from seeing what the things tythe-able are, and what tythes are due, as hath been demonstrated in Chap. 1. At this day in Ireland, the Tenant payes two rents for his corne, the one is the Land-lords-rent, the other Tythe-rent: The tenth sheafe is paid for Tythe-rent, the third sheafe for Land-lords-rent: The Tenant, that payes these two Rents, puts his corne first into a Reeke or heape in the corne field, where it grew, and when he carrieth away the reeke or heap, to his Hag-yard, or Stack-yard; He first sends for the Tythe-receiver and Land-lord, or their assigne; He dares not carry a sheafe, out of the field to his house, but first they see they have their due. They [Page 38]are not s [...]ffered to set cut these Rents themselves, or before witnesse of their own providing, as in England.

2 Proposall It is humbly conceived that Doctor Gauden is a fit man to be con­sulted with in this case: for that, he hath published lately a book intituled The Case of the Ministers maintenance by tythes, in which he affirmeth, That he knows how to make that Maintenance, as quiet and casie a Revenue as any in England.

3 Proposall That where rates of tythes are paid for land, by the acre, or for houses; The Rate-receiver may sue at Common law, and may have power to mea­sure the acres, and inforce the Land-lords or Tenants Lease in evidence: for who can swear the number of acres, but by admeasuring the land?

4 Proposall That a Law may be made for treble costs, as there is for treble da­mages for prediall tythes substracted.

5 Proposall That Ministers heretofore put into sequestred Livings may be taken into speciall consideration, and relieved by law, as Incumbents, according to the late Ordinance of his Highnes, the L. Protector, for Ministers that shall hereafter be put into Sequestred Livings, & according to the Ordinance for the popagation of the Gospel in Wales, wherby such Ministers are setled for life, as Incumbents, &c.

6 Proposall That it may not be left arbitrary to Justices of Peace to act, or not to act for the reliefe of Ministers in point of their maintenance.

7 Proposall It is humbly desired that some Order may be taken, how scan­dalous Parish-Blerks may be proceeded against and removed, and others put in their places, and receive the ancient dues: for some Parishes, for their owne ends, keepe in bad ones, and some Parishes will not chuse or have any such assist­ant to the Minister and people, whereby the publique worship is prejudiced: The Parishoners in the meane time keeping to themselves the Ancient established re­venue of that assistant: And questionlesse, (to save charges) would have no Mini­ster also, if it were in their power.

To conclude, I doubt not, but the Lord of the Harvest, that sends Labourers into his Vine-yard, will direct The Higher Powers so to relieve his oppressed Mini­sters, by law & justice, that they shall no longer cry out of violence, and spoile, fraud and wrong, acted against them, for want of Law and Justice; But that their maintenance shall no longer, no longer, be subject to such sharkings, and frauds: Then will Godly Ministers be incouraged in the worke of the Lord (1 Chron. 31.4.) Then will their Labours be sweetned; Then will Demetrius, Tythe-short, and their fellow Crafts-men, be confounded, when they shall see, the hope of their unjust gain is gone: Then will the Devils Barns, be more empty; when the Tythe-robbers shall cease their villanies, having no liberty, nor opportunity, to defraud, and steale: Then will the peoples causelesse Gospel-hindering conten­tions [Page 39]with Ministers, about their detaining Ministers dues, cease: when, by reason of Law, and Justice, they shall despaire of impunity, and gaine, but be certaine of losse by their iniquity, which iniquity ceasing, contentions about it, will cease: Then will not Godly Ministers be any longer a Cheating-stocke, and thereby a dirision, through poverty, sordid necessity, and contempt thereby: Then will they live comfortably, and not only be given to Hospitality, but be really hospital, and be an example to their flocks, in works of charity: Then, may they educate their children liberally, and follow their studies and callings quietly and constantly, without distraction about maintenance; Then, there is no doubt, but that faith­full Ministers, being out of danger of revenge from ungodly people for their faithfulnesse in their Ministery, will exercise their Ministery, according to duty, boldly, and impartially without fear, or flatery, or daubing for filthy lucre; and will be free from the bloud of all men: And then shall the Present Authority be truly stiled; The Minister-protecting, and Gospel-propogating Authority, to all generations.