The first Proposition.

THe payment of Tythes we conceive to be a Case of Conscience; and that whosoever hath taken the Protestation or Covenant, cannot with a good Con­science pay Tythes, nor receive Tythes, except that he will renounce the said Protestation and Co­venant, and that for two Reasons following.

The second Proposition. That Tithes are oppression, to the Husbandman a burthen too heavie for him to bear, and undoeth many, is hereafter proved.

NOw for the clearing of this Proposition, concerning the op­pression of Tithes, we must first understand what is meant [Page 25] by increase, whether it be meant of the clear gain that come [...] un­to the husbandman, his stock and labour being deducted out of his crop of corn; As the Tradesman by the Statute of 2 Edw: 6. is to deduct his stock and charge, and then to pay but the tenth of his clear gain: or as all persons called Spirituall, as Bishops, Par­sons, and the like, were appointed by a Statute made in the 26. of Hen: 8. to pay tenths or tithes to the King. They by that Statute were appointed to pay but the tenth of their clear gain or in­come by tithes, or other profits of Rent that they received for their land; all their charges are to be deducted, even the Stewards, Bayliffes, and Receivers of their Rents, their wages and fees shall be deducted by that Statute: and there is as good reason that the Husbandmans Stock and charges should be deducted out of his crop of corn, for the preservation of his Stock for his continuall maintenance; and for the husbandman to pay but the tenth of his clear gain, if he have any, the oppression would not be so great as it is; if the clear gain or increase be enough to maintain the husbandman comfortably without diminishing of his Stock; if in­crease be not thus taken for the Husbandman, as for the Trades­man, and Bishops, and Parsons before named in the aforesaid Sta­tute of the 26 of Hen: 8. and 2 Edw: 6. Then there is not an equall distribution of Justice to the husbandman in this law of tithes, as to the tradesman, and others before mentioned.

But under the pretence of increase, there is taken from the hus­bandman the tenth of his stock and yeers labour every yeer, by taking the tenth of his crop (in which his stock and yeers labour lyes) under the spetious name of tithes or tenth of increase, as if his crop of corn were all increase, or clear gain: If increase be thus taken, then it is impossible to be performed by any husbandman, without the great oppression of him, and the utter undoing of many, as daily experience sheweth: And thus to take the tenth of the Husbandmans stock, and yeers labour, is oppression, cruelty, tyranny, and a sin against the sixth and eighth Commandment, it being considered in severall respects, yea against the Law of Na­ture, or sound naturall reason; and in the breach of the rules of Reason, man is least excusable before God and man: and a man may as soon make another universe, as make this law of Tithes any other then a breach of the Morall Law of God, and Nature.

Our Parsons it may be think, that the husbandman may spare the tenth of his crop as easily as they may spare the tenth of their tithes, that they receive of the husbandman, that costs them no­thing but the carrying into their Barns: But herein they are gros­ly deceived, or wilfully blinded; for the Husbandman layes out his stock and treasure in corn, as any Merchant or Tradesman layes out his stock or treasure in any Merchandies or Wares what­soever. As for example, a man cannot set a crop of Wheat upon one Acre of ground under 40 s. where the land is worth but 5. or 6 s. per annum by the Acre: and in those places where the land is worth 10 s. or 16 s. or 20 s. per annum by the Acre, a man cannot set a crop of Wheat under 3 li. or 4 li. and in some places 5 li. up­on one Acre of that land that is let at those rates; and the Hus­bandman waits a yeer and a half for the return of some of it, and a yeer for the return of the rest of it; and many yeers within the term of 21. the Husbandmans stock so layed out returns none in­crease, but decreases sometime after the rate of 5. sometimes 10. or 12 l. in the hundred; And this we can prove by divers instan­ces, of men that have lost of their stocks (laid out in their crops) after that rate, and yet no fault in the husbandman, either for want of skill, or diligence in his Calling; and some do so every yeer in one place or other of this Kingdom, and yet the tenth of the husbandmans crop is taken from him yeerly without any consideration of his losses: And the Parson hath no sooner taken the tenth of the crop, but the nine parts being the remainder of the husbandmans decayed stock, is again to the Parson like the bull or cow that Job speaks of, Job 21.10. the wicked mans bull gendereth and faileth not, his cow calveth, and casteth not her calf. Even so doth the remainder of the husbandmans decayed stock, pre­sently it gendereth again, and faileth not to bring forth another increase to the Parson the next yeer, though with at much losse to the Husbandman as before; and the Ministers and Impropriators like the Ae [...]yptian task-masters spoken of, Exod. 5. ver. 6, 7, 8. ex­act the full number and tale of our brick; we mean the f [...]ll touch of the husbandmans crop, and give not so much as stubble or straw towards the making of it; yea although that the husband­mans stock be alwayes barren to himself, yet it hath as fruitfull a wombe to the Parson, as is the wombe of a certain kinde of [Page 27] Coneys, of whom Pliny speaks in the 8. book of his Naturall Hi­story, which after it be once with young, it conceiveth again up­on it, insomuch as at one time she hath some Leverets sucking of her, others in her belly, and those not of the same forwardnesse; for some of them are covered with hair, others naked without any down, and there be of them that are not shapen at all, but with­out form: Even so the Husbandmans Stock is alwayes with young, breeding, and bringing forth one kinde of tithe after an­other; and alwayes it hath some kinde of tithes sucking upon it: for after the Husbandmans Stock hath brought forth tith [...] hay, and tithe corn, the like tithe hay is breeding again, though not yet formed; and the same nine parts of hay and corn hath some young ones, not of the same forwardnesse, but one after another; and tithe calves that grow of those aliments, that arise of the same nine parts of hay and straw that have been tithed the same yeer; and as soon as tithe calves are taken from their Dams, then tithe milk that ariseth from the same nine parts of hay and straw that have been tithed before, and tithe pigges severall times in the yeer, arising out of the nine parts of corn tithed before; and likewise tithe egges, and tithe chickens, that ariseth out of the same nine parts of corn that hath been tithed before; and also lambe, and wooll arising partly from the same nine parts of hay tithed before; for the sheep are kept in the Winter with the hay that hath been tithed before; all which tithes before mentioned, is as bad, if not worse, then Use upon Use after the rate of 10 li. in the hundred: as if a man should lend another man 800 li. and binde the same man to whom he lends it, to give the lender 10 li. for the Use of the 100 li. and 20 s. for the Use of the 10 li. the same yeer.

And thus Tithes eats up and consumes the husbandmans stock and estate, by taking the tenth of his Stock imployed in his crop of Corn, in taking the tenth of the crop every year, and tithing his stock twice or thrice every yeer: And many of our Ministers and Impropriators, when they have gotten away the Husband­mans Stock, and brought him to poverty and beggery, then they cast upon him this or the like reproach, and say he was an idle fellow, and unskilfull in his Calling; when indeed the truth it, the Hu [...]bandman, whose Stock they have eat up, and consumed [Page 28] by Tithes, was more skilfull in his Calling then the Minister that eat him up, was in his Calling, and for diligence there is no com­parison; And many Impropriators have no Calling at all, but live idlely upon the sweat of other mens brows, and eat the bread of other men.

The oppression of Tithes wil better appear by this ensuing De­monstration: It is a sure and true rule amongst the Husbandmen that understand the mystery and calling of Husbandry, that the Stock that the Husbandman must bring to stock a Farm, that consists of tillage, must be the fourth part of the purchase of the Land, after the rate of 20 yeers purchase, of what yeerly value soever the Farm be. As to instance in a Farm of 100 li. rent per annum, he that will rent that Farm, must bring a Stock of the va­lue of five yeers purchase, that is 500 li. forwith a lesse Stock he cannot stock a Farm of the rent of 100 li. per annum, and, 350 li. thereof is laid out in the crop of corn every yeer in rent, seed, plowing, and other labour in digging of the ground, weeding of the corn, and cutting of it at Harven, and gathering it together to make it ready to be carried into the Barn, and is but so much money laid out in Corn, as any Merchant or Tradesman layes out so much money in any Merchandies or Ware whatsoever; 100 li. is laid out, 80 li. in horse, harnesse, Ploughs, Carts, and other implements of Husbandry, and the use of them is imployed in tilling, and preparing of the land for the crop of Corn, and they wear out, and are consumed in their use, and must be renewed out of the increase of the crop of corn, if there be any, or else the wearing out of them will wear out his Stock in time. And 40 li. must be laid out in cowes, sheep, and other cattell; and the greatest profit of them is spent every yeer by the Husbandman, whilest that he is preparing and tilling of the land for the crop; and ma­ny times the husbandman looses in a yeer (in many places of this Land) 20 li. and more by sheep that dye of the [...]ot, and other casualties, yea as soon sometimes as the Parson hath taken the tithe of the wooll, and Lambe: and in many places of this King­dom where the Land lyes in Common fields, and cannot be let lye to gather heart, by reason that it must be continually tilled, the Husbandman is those places cannot be without flock of sheep for the Fold to dung his ground, and the flock of sheep (if [Page 29] as aforesaid dead of the rot or other casualties) must be renewed out of the increase of the crop of corn if there be any; or else the Husbandman in those places will soon come to poverty, as many men in those places have done, by the losse of their flock of sheep, their crop not increasing enough to buy sheep again, by reason that the tenth thereof is taken for tithes every yeer. And there must be 30 li. laid out in utensels or necessary things in the house, which weare out many of them in their use, as Linen, Beding, Brasse, Pewter, and all kinde of Coopers ware; and these also must be renewed out of the increase of the crop of Corn, if there be any.

And this rule of laying out a Stock of 500 li. in a Farm that consists of tillage, will hold in most places in this Kingdom, except in those places where the land lyes in three parts in Common fields, there will be something lesse layed out in the crop, and some implements of husbandry: but then there must be more layed out in the flock of sheep, with the charge of keeping of a Shepherd to follow, and to fould them, to keep the ground in heart; and they must be upheld by the Crop, and so reckoned in it.

And if the crop be well considered, there is not one yeer in se­ven that the crop of Corn (upon ordinary land that hath been kept in tillage) is worth any more money at harvest, then that part of his Stock aforesaid layed out in the crop, if the Husband­man be but payed for his labour, as he payes the day labouring man for his labour, if the crop be worth so much the Husband­man is glad; and gives God thanks that he hath blessed his labour so well: the crop is oftner lesse worth then more. And there is not one yeer in ten that the crop of corn of ordinary land in any Farm is worth so much more, besides his stock laid in the crop as afore­said, [Page 30] as the tithes thereof comes unto; and yet the tenth of the crop is taken from him, without any consideration whether his stock have increased, or decreased in the crop. If the crop be worth no more then the 350 li. layed out in it as aforesaid, yet the Par­sons tithes will be worth 35 li. for he hath the tenth of all the crop; and this 35 li. is above the third part of the yeers rent of that Farm: Then by this account the Husbandman hath taken from him, by the Ministers or Impropriators, the summe of 35 li. of his stock; and his Stock is decayed 35 li. although that the hus­bandman hath played the good husband, and hath had the bles­sing of God upon his labour, in an ordinary way of Gods provi­dence on the fruits of the earth: and thus in few yeers the Parsons Tithes eats out, and consumes the Husbandmans Stock. And if the Husbandmans crop be not worth so much by 50 li. as the stock or charge that he hath laid out in it (as many a yeer within the term of 21. it is not) yet the Parsons tithes will be worth 30 l. Then by this account the Husbandman hath lost 50 li. by his trade of Husbandry; and he hath taken from him 30 li. more of his decayed stock, which being put together makes 80 li. which is almost the fifth part of his whole Stock, that he hath lost by his crop of corn in one yeer, besides his tithe wooll, and lambe, and besides other losses that may fall out the same yeer; and besides the wearing out of his implements of husbandry, that require yeerly renewing: and if some few yeers prove unseasonable, the Husbandman is by this means of tithing bereaved of the greatest part of his stock, and so by this means in few yeers utterly un­done. And this we can prove by divers instances of men that have been thus undone; and yet no fault on the Husbandmans part.

But suppose the Husbandmans Stock (after one such yeers losse) should prove for ten yeers together as well as can be expect­ed, yet the husbandman shall never recover that one yeers losse in that ten yeers, but live in want and misery in that Farm, by reason that the tenth of his stock and labour is taken from him yeerly under the name of Tithes.

But suppose that the Husbandmans stock, with his labour, and diligent care, should increase every yeer after the rate of 10 li. in the 100. how stands it with the justice of the Morall Law of God, and the Law of Nature, or sound naturall reason, that another [Page 31] man, whether Minister or Impropriator, should carry away every yeer all the increase of the husbandmans stock and labour, that he hath laboured for all the yeer, and layed out his Stock or trea­sure in his Calling, hoping for some gain or increase?

The husbandman by this means of Tithing, is in no possibility of increasing his talent or stock, to lay up any thing for his wife and children, as the order and duty of Nature requires him. Gen. 30. v. 30. and Jacob said unto Laban, but now when shall I provide for mine own house also? And the Apostle saith, 1 Tim. 3.8. But if any provide not for his own, and specially for those of his own house, he hath denied the faith, and is worse then an Infidel. And is not the means its self, when provided, taken from them by the Ministers and Im­propriators under the name of Tithes?

Nay although that the Husbandmans Stock with his labour do increase every yeer after the rate of 10 li. in the hundred, yet by this means of tithing, there is not onely taken from the hus­bandman all the increase of his stock, and yeers labour; but also some of the Stock it self. As for example, if the 350 li. aforesaid laid out in the crop do increase 35 li. that is to say, that the crop of Corn be worth 35 li. more then the 350 li. aforesaid, layed out in the crop of Corn, which 35 li. is the increase of 350 li. after the rate of 10 li. in the hundred; then by this account the crop of Corn must be worth 385 li. and the tenth of 385 li. is 38 li. 10 s. which the Parson (whether Minister or Impropriator) takes for tithe; for he hath the tenth of all the crop, wherein the 350 li. stock, and the 35 li. increase lyes: Then by this account the Par­son (whether Minister or Impropriator) takes 35 li. which is all the increase of the 350 li. aforesaid (layed out in the crop) and 3 li. 10 s. of the Husbandmans stock layed out in the crop of corn as aforesaid.

And so by this means of tithing, the Husbandmans 350 li. Stock layed out in the crop of Corn, is come to be but 346 li. 10 s. and so there is 3 li. 10 s. l [...]st of the Husbandmans stock. O vipe­rous brood (Tithes) that eats out the bowels of the Dam that breeds it, we mean the Husbandmans Stock, every time that it is delivered of Tithes. He that shall deny this fore-going Demon­stration (of Tithing) to be true, must deny his own reason: and every understanding Husband mans experience. And he that doth think to make men to beleeve, against sound reason, and true ex­perience, [Page 32] must go seek out another world of men to beget such a kinde of faith in.

Is it not worse then Usury to take 10 li. in the 100. not for lend­ing an 100 li. of his own money, but the Parson (whether Mini­ster or Impropriator) in taking of Tithes takes 10 li. in the 100 of another mans money; and the Impropriator gives nothing at all to him that he takes it of. To take 10 li. for the lone of 100 li. (of a mans own money) for a yeer, hath been adjudged excessive receiving, and gaining from another man, though it be for lend­ing of his own money; and therefore now no man may take above 8 li. for the Lone of 100 li. for one yeer: and yet by this corrupt custome of Tithing, there is taken of the Husbandman, by the Ministers and Impropriators, Use upon Use, after the rate of 10 li. in the 100. not for lending their own money, but of an­others (the Husbandmans) money.

Can any man live upon a more ungodly way of maintenance then this of Tithes? it being worse then that of Use for lending of money condemned by the Statute Law of this Land: Jer. 22.13. Wo unto him that buildeth his house by unrighteousnesse, and his chambers by wrong: that useth his neighbours service without wages, and giveth him not for his work. Or can any man be in a more slavish condition then the Husbandman is in, to pay Use upon Use after the rate of 10 li. in the hundred for his own money and labour: and weary himself for very vanity? As the Prophet said of those that were under oppression amongst the Jews in his dayes: Hab. 2.13. yea wear out himself, and his stock, to inrich another man.

Now whether the taking the tenth of the Husbandmans stock, and the tenth of his yeers labour, by taking the tenth of his crop under the name of Tithes, be oppression, or not; and whether it stands with the justice of the Morall Law of God, and the Law of Nature, or sound naturall Reason; and whether it stands with the honour of a Christian Nation, where men professe Christiani­tie, and the power of godlinesse, that one man should be a slave to another; yea devour an other like the beast in the field. The Apo­stle saith, Gal. 5.15. But if ye bite and devour one another, take heed ye be not consumed one of another. And whether it will stand with the Honour of this Parliament, and the trust reposed in them by the Free-holders, and other Free-men of this Kingdom, that by their [Page 33] voices chose them to be the Parliament, that they should continue the Husbandmen (which layes out their stock or treasure in their Calling to provide bread to sustain this Kingdom; yea they that have born as great a part of the burthen of these Warres (to pur­chase our freedoms) as any one sort of men in this Kingdom) un­der the yoke and burthen of such a Law and Custome, that it should be impossible for the Husbandmen in an ordinary way of Gods providence in their Callings, to lay up any thing for poste­rity, or live comfortably in this present life; we leave to everie reasonable man to judge.

That this is true, that the earth brings forth no more increase then is before mentioned, the Husbandman can tell by experi­ence; and it is possible for any rationall man to prove, that lives in any Parish in this Kingdom, if that he take a true survey or ac­count of every mans crop in that Parish, what it is worth at har­vest, and what it stands him in: as, of rent, seed, dunging, liming, chalking, and marling of the ground, plowing, weeding, and cut­ting of the Corn.

By this Demonstration the Reader may perceive that the Hus­bandman doth pay Use upon use after the rate of 10 li. in the 100 for all that part of his stock that he layes out in his crop of Corn, and Cattell, which doth amount unto 8 li. in the hundred (with­in a little) for all the Husbandmans stock of horse, harnesse, ploughs, carts, and other implements of husbandry; yea for the Bed that he lyes upon, and his brasse pots, and kettles, yea for the stools and forms that he, and his children, and servants fits upon; for 500 li. at 8 li. in the hundred is worth 40 li. per annum, and the tithe hay, and corn, and tithe calves, milk, lambe, and wooll, pigges, egges, and all other things that the Tithemongers will have to be titheable, will be worth 40 li. per annum, where they are taken in kinde in a Farm of 100 li. rent per annum, and that con­sists of tillage. And we can instance in some men that have payed 40 li. per annum for tithe corn, wooll, and lambe, in a Farm of til­lage, not much more per annum then 100 li. but in few yeers it did undo some of them.

And thus the Reader may perceive, that the Husbandmans stock raises and advances the Ministers and Impropriators fami­lies, and provides stocks for their children, if they would live but [Page 34] as sparingly, and fare as hard as the husbandmen do; And the husbandmen by this means cannot provide any thing for his own children: Now 35 li. per annum, which is the value of the tithe of the husbandmans crop of corn, will rise in 21. yeer 735 li. to the Minister or Impropriator, besides the other tithe of wooll, and lambe, calves, milk, pigges, &c. that may make it up 800 li. or 840 li. in 21 yeer: and the Husbandman, out of whose stock and labour these summes of money aforesaid are raised, shall be never the richer at the 21 yeers end, then he was at the beginning ther­of when he brought the 500 li. stock to such a Farm as aforesaid; but if that he have kept his Stock whole at the 21 yeers end, to divide amongst his children, he thinks that he hath sped well, and played the good husband.

Obj. But some man, it may be, will object, that the husbandman, hath lived upon his Stock, and brought up his children with it.

Ans. The husbandman and his wife have not lived upon their stock, and brought up their children with it; but the husbandman, his wife and children have lived upon their labour: for the husband­man, his wife and children, earn as much as will keep them as well as they are kept, if they were payed for their labour but as he payes the Day-labourer for his labour. And thus the husband­man gives away all the profit of the use of his Stock after the rate of 8 li. in the hundred, of what value soever the Stock be, accord­ing to the greatnesse of his Farm.

And the Reader may observe, that the tithe corn in every Pa­rish where the land is arable, doth amount unto the third part of the yeerly value of all the land in the Parish, although that the husbandmans stock increase never a peny; because the tithe is the tenth of all the husbandmans stock laid out in the crop.

And the Reader may observe, that the Tenant that rents the land, doth gather up all the Purchers or Landlords money (that he layed out in the Purches of the Land) in the term of 20 yeers the Purcher shall have all his money again that he layed out for the land, and the land beside; So the Purchaser doth double his Stock in 20 yeers: But the Tenant who layes out a stock of the va­lue of the fourth part of the Purchase, shall have nothing for the [Page 35] use of his money; It is as good reason that the Tenants Stock should increase something as the Purchers.

We conclude this Demonstration, of the oppression of Tithes, with that of Solomon, Eccl. 4. v. 1, 2, 3, 4. So I returned, and consider­ed all the oppressions that are done under the Sun, and behold, the tears of such as were oppressed, and they had no comforter: and on the other side of their oppressours there was power, but they had no comforter. Wherefore I praised the dead which are already dead, more then the living which are yet alive. Yea, better is he then both they, which hath not yet been, who hath not seen the evill work that is done under the Sun. Again I considered all travell, and every right work, that for this a man is envied of his neigh­bour: this is also vanity, and vexation of spirit. Even so the Husband­mans labour is envied him; and others by a State policie live up­on his labour.

Obj. But now it may be some man (that understands not the mystery of Husbandry) will say, How can 350 li. be layed out in the crop of Corn in a Farm of 100 li. per annum, must there be 3. yeers and a half purchase of the land laid out in the crop?

Ans. In the chiltern parts of Buckinghamshire and Harfordshire, where the Land lyes in closure, there the Husbandman hath 300 Acres of arable land, and at 6 s. 8. by the Acre, that comes unto 100 li. and the husbandman must divide that 300 Acres into 4. parts: 60 Acres he must let lye to keep the land in heart, and keep his beasts and sheep upon it; There should be a fourth part of such land lye alwayes to keep the land in heart, or else if the husband­man should keep all his land in tillage, then in a short time none of it would bear any corn, but must lye for 7. or 8. yeers together as now many Farms do: the land is so worn out, that the Tenants are forced to turn up their Farms. And there must be 80 Acres for fallow, and 80 Acres sowed with wheat, and 80 Acres with oates and pease; and thus the 300 Acres are divided.

There must be reckoned a yeers and a halfs Rent in the crop, for there is two yeers Rent in the Fallow; and the profit that will be made of that land that lyes will not arise to any thing towards the Rent: but the Rent of that must be reckoned in the fallow, be­cause the profit of that is spent with the husbandmans horse, and servants, whiles that he is making the fallow in the Sommer.

• A yeer and a halfs rent is 150 li.
• And of seed wheat, 20 quart. at 5 s. the bushel is 40 li.
• Seed Oates and Pease 30 quar. at 20 s. the quar. is 30 li.
• Item for plowing of the fallow for Wheat for 3 tilles at 5 s. the Acre, for every of the three times plowing 60 li.
• Item for dung, and the carrying of it, and spreading of it, if there be but 3 loads layed upon one Acre one with another, it will be 240 loads; and 240 loads at 2 s. the load, for the dung and carriage, is worth 24 li.
• Item for plowing and harrowing of 80 Acres for Oates and Pease at 6 s. 8. the Acre, comes unto But sometimes it costs him more. 26 li.
• Item, for weeding of the Corn at 6 d. the Acre one with the other, Wheat, Oates and Pease for 160 Acres, is but it may be it may cost 10 li. 4 li.
• Item for cutting of the Corn, and making of it ready, it will cost for 80 Acres of Wheat at 4 s. 6 d. is 18 li.
• Item, for cutting of Barley, Oates and Pease at 2 s. the Acre is, 8 li.

By this Account there is reckoned in the crop of Corn the sum of 360 li. which is 10 li. above the 350 aforesaid in the Demon­stration; and it may cost the Husbandman a great deal more then is here set down.

Object. Ye may hear what these men would have, they would have the Ministers have nothing but the free gift of the people, and that would be little enough. I'le warrant you; they would have us all Judases, and follow them with the bagge.

Answ. The free gift of the people was the way that our Saviour and his Apostles, and the Ministers that succeeded them had their maintenance by; and are you ashamed to have your maintenance after their way? You say, that if you should have no more, then the people would be willing to give, it would be little enough: It is but your incredulitie, and uncharitablenesse to think so; you teach us to trust God in his own wayes, and will not you trust God in his own wayes? You would have us trust you to give us our spirituall food, and will not you trust us to give you your cor­porall food? How unequall are your desires let any reasonable man judge.

Was the free gift of the people enough to maintain the Bishops, the Clergie, and the poore, and to build Churches, and will it not be enough to maintain the Ministers, now we have no Bishops to maintain with it; and the poore, and repair of Churches are pro­vided for some other wayes? Are Christians so much degenerate, from the Christians in former times; or is Gods Word preached amongst us of lesse power in these times then in former? We have example to the contrary, in these times, for in many places of this Kingdom, where great Tithes (as they call them) are taken away by the Impropriators, and little left for the Ministers mainte­nance, the people in those places have, and do joyn together, to make up a maintenance for their Minister; many men giving (like the devout widow spoken of in the Gospel) beyond their abili­ties, notwithstanding the tenth of their Stock; and labour, is ta­ken away by the Impropriators, who (many of them) are not willing to part with a peny to help maintain the Minister. And would not the people be better able to give to the Ministers, if [Page 38] Tirhes were taken away; and then many others that are of abi­litie, would give to the Ministers that now give nothing at all: be­cause Tithes are payed by others, and nothing required of them, as due to the Ministers maintenance.

You say, that we would have you all Judases; but we would not, for he betrayed his Master for money: If any of you will do so, let Judas's reward be theirs. Neither would we have you fol­low us with the bagge, but we would follow you with our gifts; as the godly men and women did our Saviour and his Apostles.

You indeed follow us now with the bagge and rake too, and live upon a more dishonourable way of maintenance then by the free gift of the people. As it appears by some of your customes for Tithes, hereafter set down. We had not thought to have stained paper with any of them, they are so ridiculous, and wicked; but because they are so much contended for, and claimed by you Mi­nisters, for your maintenance; we will therefore muster up some of your Customes, &c. and give you a list of them, that you, and all other men, may see and consider of them.

Inprimis, the rich Parson goes to this man and that man for a Tithe cock of hay, and for a sheave of Wheat or Beans, for a tithe cock of Barley, and Oates, and a land of Pease. Item, the poore Vicar, and the rich Parson too, goes to this man and that man for a tithe Lambe, and a Fleece of wooll, a tithe calf, and a Pigge; And if any man sacrifice to his houshold gods, we mean, if any man kill a Calf to sustain his family, then the custome is (in some Parishes) for the Parson to have a tenth joynt, a heave shoulder, or a shake breast: but it may be their accustomed pretended due will not please them, but they will have the loin; And they will tell us, that the people of the Jews were to give the best to God; the fat was God portion, and that they can prove, out of Levit. 7.30. The poore Vicar, yea, and the rich Parson too, goes unto the Huswife for a tithe handfull of Flax, and Hemp, a peck of tithe Apples, and a Goose, and so he carries his meat and sauce together: And sometimes the Parson and Vicar is amongst the Maids, with a Pale or Coul every tenth day for tithe milk; yea, the Parson and Vicar makes the good wife count her Hens, for, they say, that it is the custome in that Parish for the Minister to have two egges for the tithe of every one of her Hens: yea, they [Page 39] question the good wife whether she have a treading Cock, or not, for they say, the Custome is for the Minister to have 3 egges for the tithe of the Cock: this is a Tithe that we never read, that the Jews were to pay at any time, to pay tithe of the male for the act of generation. But we find to the contrary, for the Jews were not to bring the hire of a whore, nor the price of a dogge into the house of the Lord for an offering. Deut. 22.18. The price of a dogge was that which was given for the use of a dogge to cover a bitch, either for the flock, or the chase: Joseph. lib. 4. cap. 8. of the Anti­quities of the Jews. But no doubt if there were any old custome for our Ministers to take tithe for such gains, divers of them would not loose it; and they would tell you that the Laws of the Land gave it to them, as well as other tithes. And we question whether they would call it a laudable custome or not; we might ask why the Parson doth not demand tithe of the Husbandman for his Bull, and his Bore, as well as for his wives Cock. But it may be it will be answered, that the Parson doth not expect that the Husbandman should keep any such beasts; for by a laudable and old custome, the Priest or Parson of the Parish is to keep a Town-bull, and a Bore, and they may go whither they lust, pro­vided, that they keep within the perambulation and bounds of their own Parish. But this custome is by the Popes Common Law, not by our Common Law; For a Suit was tried at the Common Law (between two men of a Parish) at an Assize held at Aylesbury, in the County of Bucks, the occasion of the Suit was this. One of the two men had the Parsons Bul amongst his Kine in his ground, where the Bull stayed three or foure dayes; but afterwards the Bull (it seems) was minded to change his pasture or his mates, the Parsons Bull breaks over the hedge into the other mans ground, and spoyled his corn: The man that had his corn spoyled by the Parsons Bull, brought an Action of Trespasse (at the Common Law) against the other man out of whose ground the Parsons Bul came; And the Defendants Counsell pleaded that it was the Par­sons Bull: But the Judge told him, That the Parsons Bull must not spoyl mens corn. And the Judge further told the Defendants Counsel, that if his Client would have the Parsons Bull, he should have looked unto him better; the Jury gave their Verdict for the Plaintiffe, and the Defendant payed well for the Parsons Bull's [Page 40] perambulation. These Parsons Buls are sure some of the breed of those rambling Buls that have been sent hither from Rome.

It is likewise a custome in some Parishes in this Kingdom, for the Parson to have the tenth chick that the Husbandmans wife breeds, and without any consideration of her losses; For if a wo­man set 30 egges under two hens, for our women say, that a hen cannot cover above 15. or 16. at the most to hatch them; if ten of the egges prove rotten, by reason of the womans negligence in not looking whether the cock have performed his duty, for the three tithe egges that the woman payed for him to the Parson about Easter a little before, whether the Cocks tread (as they call it) be in every egge; or by the Hens negligence in her duty, whilest she is a sitting, or that some of the chickens dye in the shels; yet the Parsons will have 2. of 20. if the Kite prevent him not. Nay, if the Kite carry away all save seven, yet the Parson will have one of the seven; as he will have one of seven of our Lambes, Pigges, and Geese, although the Fox carry away all the rest. It is a custome in some Parishes, viz. at Winslo in Buckinghamshire, for the Parson to have tithe of rotten sheepskins; If a man have an hundreed sheep, and all of them dye of the rot, every tenth skin must be fleed off, and brought to the Parson (by the husbandman) for tithe. And our Ministers will tell us, it is the custome of the Parish, and it may be they will say it is a laudable custome, and the tenth of the husbandmans increase: but it is some of the increase of his rotten sheepskins.

Shall the Ministers loose a Tithe fee of any thing that the hus­bandman hath? surely no, that must not be: They will have tithe of husbandmens skins too, as well as of their sheepskins, for they must have a mortuary, of every dead mans goods, and that was to be the second best of the dead mans moveable goods or cattell, as horse, or cows, or other goods if he have any. And this Doctor Feild (in his 5. book of the Church, and 29. Chap.) saith was to be brought after the dead man to the Church when he went to be buried, as a recompence if in any thing the man had done wrong in not paying his tithes truly, or forgotten to pay any of them.

Others say, that a mortuary was given unto the Priest to de­fend the defunct from his spirituall enemies: it may be it was for [Page 41] the Priests prayers to help the dead man out of Purgatory from his spirituall enemies there; But the Executor (in this case) had need to have a care to see the Testators name entred into the Dip­ticks, lest when the Priest was upon his knees at his prayers in his devotion before the Altar, he should forget the dead man.

The Priest in forme [...] times had a Proverb, as Mr. Peter Viret saith in his second Dialogue, fol: 6. when the Priests were going merri­ly together unto the Tavern, they would say one to the other, Let us drink upon the next skin that comes to the fate; meaning that ere it was long, one or other of their Parishioners would dye, and then they should have a mortuary: and saying, Come, let us be merry, and make good chear, for we shall have a Hide ere long to make boots and shooes. And so may our Ministers drink upon our skins, for they know that men must dye, and then their skins will come to their tanfat. Mens skins were grown unto a great rate in this Kingdom before the 21 of H. 8. for they were valued at the price of a good horse, cow, or a fat ox; but the insatiable coveteousnesse in the Priests in those dayes was restrained a little by a Statute made in the 21. H. 8. and brought unto some rule for such fees of mortuaries or corse present, as it may be seen in that Statute; but yet some relique of that superstitious custome remains, in those places where the custome was for the Priest to take mortuaries or corse present.

Mr. Peter Viret tels of a certain man that lived at a place called Coup neer Geneva, who reproved the Priest of the same place for this custome of mortuaries, saying unto the Priest of that place, You have drunk upon my skin, but you shall pay the shot for me, if you will, for I will disburse never a peny nor farthing. Mean­ing that he had been sick of a long time, and the Priest of that place had gone unto the Tavern and drunk upon his skin, hoping that the man would have dyed in a short time. But he deceived the Priest, and did not then the pleasure they looked he should, for he dyed not in a long time after.

These are some of the laudable customes of places for that spi­rituall preferment of Tithes, and other duties (as they are called) for the Ministers maintenance so much contended for by them. But whether they be not ridiculous, and wicked, let the sober and judicious Reader judge.

For the Ministers to live upon such a way of maintenance that doth bring men and their families to ruine, as we have proved in our Demonstration of tithe corn; and that may make the Mi­nisters desire mens deaths (knowing that it will be some gain un­to them) as a certain Priest did, of whom Mr. Peter Vir [...]t speaks of in his 2. Dialogue, who said unto his P [...]ishioners, what do ye mean sirs, will ye not offer, nor dye: how would you have me live; will ye starve me? But if any poore man in their Parish (had died) who had but one silly cow, the Priest would see all that poore mans children starve before he would forgive his pretended right to that cow for a mortuary: so saith Mr. Fox in his Acts and Mo­numents of the Church. And so will some of our Ministers (now) see some poore men, and their wives and children want bread, before they will forgive their pretended right unto one sheaf of the poore mans Wheat, or one cock of Oares, or Barley; as we find by daily experience. For some of our Ministers, who have as much glibe land as is worth 20 li. or 30. 40 50. or 100. or 120 li. per annum, yet they will take the tenth sheaf from poore men that have never a furrow of land, but what they hire at a dear Rent to provide bread for their families: yea although the poore man have not his seed again that he sowed, and looses two yeers rent of the ground, and all the charge of plowing, dung, weeding, and reaping, as a certain man did whom we could name if it were needfull: who sowed 16 bushels of Wheat in a Closse of 8 Acres, and at harvest the Parson demanded the tenth or tithe of the crop of Corn of that 8 Acres; And the poore man offered the Parson, that he should have all the crop of that 8 Acres, if that he would but give him 16 bushels of Wheat as he sowed in the Closse. And the poore man lost by that crop 2. yeers rent at 6 s. 8 d. the Acre, and that is 5 li. 6 s. 8 d. and for plowing, that he payed out of his purse to the Plowman that plowed that Closse at 5 s. a tilt for 3. tilles for every Acre, and that is 15 s. for one Acre, and that is 6 li. for all the plowing of that 8 Acres: and the reaping of the crop cost at 3 s. the Acre for 8 Acres 24 s. And so the whole charge lost in that 8 Acres was,

[Page 43] Summe totall 12 li. 10 s. 8 d. Besides the dunging and weeding of that Closse of Corn. And our Ministers tell us, that the tenth of the increase of ground is theirs: and if any poore man re­fuse to pay the tenth of such a crop of corn (as aforesaid) unto the Minister of the Parish where the crop grew, the poore man for detaining of such ti [...]s shall be called a Church-robber. And our Ministers will prove [...]t out of Mal. 3.8, 9. Ye have robbed me, saith God, but ye say, Wherein have we robbed thee? In tithes and offerings. Ye are cursed with a curse. So saith Mr. Martin Bown in a Treatise of his, intituled, Tithes Re-mounted, and advanced by the Word of God for the Ministers of the Gospel: pa. 9. And are not Christian Magistrates bound to compell men to pay the tenth of such in­crease to the Minister? Nay, may not the Church by her censures make men pay the tenth of such increase? Some such men as are of Mr. Martin Bowns spirit will say, the Magistrate ought to compell men to pay tithes of such increase: and the Church ought to pro­ceed with her censures against such Church-robbers (as they call them) yea curse them with bell, book, and candle.

We might reckon up many more sorts of Tithes, but of this stuffe enough: It may be some of our Ministers will say it's light; But when they come to demand such Tithes, they will alledge those customes as an argument of weight.

Object. In making Tithes to be oppression, you accuse God of injustice, and make him to be the author of oppression: for God appointed Tithes to be payed by the Jews unto the Levites in the time of the Law.

Ans. VVHen Tithes were appointed by God, to be payed by the Jews to the Levites, they were just, and no oppression to that people; and yet they are unjust to us in this Land: Because there is not the same reason for us to pay tithes, as there was for the Jews.

The reason of the equitie and justice of the Law of Tithes a­mongst the Jews, stood in the manner and form of worship, laws, and policy, that it pleased God to appoint, in the Church and Common-wealth of the Jews at the foundation and institution thereof; as we said a little before, and shall now be proved by se­verall Reasons.

[Page 44]1. When God brought the children of Israel out of the land of Aegypt into the land of Canaan, and fulfilled the promise that he made unto Abraham: And that promise was, that he would give unto the seed of Abraham the land of Canaan for a possession. Gen. 13.15. and Chap. 17.8. then God made of the Jews, or seed of Abraham, a Nationall Church or Common- [...]lth by themselves; then God appointed, and established the ceremoniall worship (or law that he revealed to Adam in Paradise, and to the Fathers be­fore the Flood) to be performed to himself by the Jews, or seed of Abraham, in their Nationall Church: which service stood in a certain number of outward Ceremonies or Rites, of sacrifices, ob­lations, and offerings to be given unto himself: and then God re­quired, not onely the first fruits, that before that time were offer­ed for an offering to himself; but also the tithe or tenth of the in­crease of the seed of the ground, and other things, to be given un­to himself for an offering of thanksgiving for the great benefit and blessing of bringing the Jews, or seed of Abraham out of the land of Aegypt into the land of Canaan. Deut. 26. Numb. 18.24. as it (may be) was tipified by that fact of Abraham, and vow of Ja­cob, Gen. 14.19, 20. and Chap. 28. v. 20, 21, 22.

And though all lands be Gods by right of creation, yet God claims the land of Canaan to be his by right of gift, after a more speciall manner to the sons of Abraham, then any other land, to any other people. Gen. 13.15. Deut. 26. Levit. 25.23. God saith the land is mine, and ye are but strangers, and sojourners with me. And Isa. 8.8. it is called Immanuels land; and therefore by way of homage, that they held Canaan of the Lord, they were to pay yeerly their first fruits and tenths at the place where God ap­pointed; unlesse the place were too far, and then they were to make it into money. Deut. 14.22, 23, 24, 25. Or as we may say, for a quit-rent for the land they claimed to hold of him. They payed no other rents for their land but tithes; no Fines nor Hariots, for Copyhold-land, no reliefs, great summes of money for Ward­ships and Marriage to any inferiour Lords, nor any such like bur­thens as we do: And therefore they might better affoord to pay tithes to him, then we can do.

Then God required likewise the Tribe of Levi to be given unto himself (by the people: for a shake offering of the people or Na­tion [Page 45] of the Jews, the seed of Abraham) to serve him at the Altar instead of the first born (who before that time were the Priest to offer, and present the vows and offerings of the people unto God) Numb. 8. v. 11, 12, 13, 14, 15, 16. And God gave his portion (the offering of tenth or tithes of the fruits of the earth, that the peo­ple were to offer unto himself) to the Levites for their attendance and service at the Altar. Deut. 18.1. Here was a legall and cere­moniall sanctification of persons and things to holy use by way of offerings. And thus Tithes were a part of the Ceremoniall wor­ship of God, as it further appears, Prov. 3.9. as aforesaid. And tithes were significat as well as other offerings; they signified as the first fruits did, the sanctification of the rest of the Husband­mans crop for his use, and the blessing of God upon the land of Judea, in to which land God had b [...]ought them. Deut. 26.15. And first fruits and tithes had a further use; they were a type and fi­gure of election of Gods people whom he sanctifieth, and reserveth unto himself, as may be collected from these places of Scripture: Isa. 6.13. Jer. 2.3. Jam. 1.18. and Hebr. 12.23.

God might command the Jews to give unto himself what por­tion of their goods he pleased, for an offering unto himself, in the time of the Law; and it was just for him so to do, though it were a burthen unto the people. But he hath not given to us any such precept (under the Gospel) nor set out any such portion of our goods, to be given to himself, to the poore, or to the Minister, or any other in his stead, as can be found in the New Testament; as he did in the time of the Law not to the poore. 1 Cor. 16.1, 2. con­cerning the gathering for the poore Saints, let every man lay up as God hath prospered him. And 2 Cor. 9.7. as every man wisheth in his heart, so let him give: Here is no certain portion set out for the poore, as there was in the Law for them.

Neither is there any set portion of our goods for the mainte­nance of the Ministers of the Gospel: Gal. 6.6. Let him that is taught in the Word, communicate unto him that teacheth, in all good things. Here is no set portion of Christian mens goods set out, for the Ministers maintenance. And Act. 5. v. 4. Whiles it remained, was it not thine own? and after it was sold, was it not in thine own power? From which places of Scripture (but most plainly from Act. 5. v. 4.) we collect, that there is no set portion for the Ministers; nor any set portion [Page 46] or quantitie of our goods by tithes, or other wayes, to be given unto the Minister in the New Testament. For if there had been any set portion, or quantitie of Christian mens goods, to be given to the Ministers of the Gospel, then there had been something due to the Apostles before the land was sold, and the price layed at the Apostles feet.

But all these gifts to the poore, and to the Ministers, are left to the discretion and piety of every Christian man, to give freely, according to their abilities. We acknowledge that by these places of Scripture, by the rules of equity, piety, and charity, the Mini­sters ought to have maintenance for their labour in the Word; and the poore are to be relieved, as well as the Ministers are to be maintained: But not that the Ministers should abound with our goods, and labour, and we want things necessarie for our selves and families, and be slaves to our Ministers, as now we are, by reason that the tenth of our Stock and yeers labour is taken from us yeerly under the name of tithes; so that we are not able to help the poore as we ought, there being as great need to relieve the poore Saints, as to maintain the Ministers: Neither are the poore, and the Ministers, to be eased with our goods, and we burthened to maintain them. And for this reason Tithes are not so just to be payed by us to our Minister, as by the Jews to the Levites or Priest under the Law; there being not the same reason for us as for them: for Tithes were ceremoniall, and now abolished.

2. Secondly, as Tithes were ceremoniall to the Jews, and part of Gods worship and service, that the Jews were commanded by God to perform unto himself in the time of the Law: So likewise Tithes were Judiciall or Politique. God fitted and applied Tithes to the State and policy, that he had appointed to the Nation of the Jews in the foundation of their Nationall Church, and Com­mon-wealth. Deut. 18.1, 2. The Priests the Levites, and all the tribe of Levi, shall have no part nor inheritance with Israel: they shall eat the offer­ings of the Lord made by fire, and his inheritance. Therefore shall they have no inheritance among their brethren: the Lord is their inheritance. And Numb. 18.24. But the Tithes of the children of Israel, which they offer as an heave-offering unto the Lord, I have given to the Levites to inherit: therefore I have said unto them, Among the children of Israel they shall have none inheritance. Here God gives a reason why the Tribe of Levi [Page 47] had tithes, and that was, not onely as they were Priests for their service at the Altar; but also because they had none inheritance in the land of Canaan as the rest of the Tribes had.

The Tribe of Levi, as they were the seed of Abraham, had as good a right to have a portion of land, in the land of Canaan, as any of the other Tribes; by vertue of that promise made to Abra­ham and his seed: Gen. 13.15. For all the land which thou seest, to thee will I give it, and to thy seed for ever. But God would not give the Le­vites or Priests a portion of the land as other Tribes had, and his portion too; that would have made the Priest to abound in world­ly wealth over any of their brethren: and therefore in this respect Tithes were just amongst the Jews, but not just amongst us; there being not the same reason for us to pay Tithe, as for them, un­lesse our Laws and customes can be reduced to the laws and cu­stomes of the Jews.

3. Thirdly, as the Jews were a peculiar people unto God, Deut. 14.2. For thou art an holy people unto the Lord thy God, and the Lord hath chosen thee to be a peculiar people unto himself, above all the Nations that are upon the earth. So he gave them speciall Laws and Customes, be [...]onging onely to that people, and to that people onely in that land of Canaan: Which laws and customes cannot stand with the justice of his Morall Law, and the law of Nature, in an ordinary way of Gods providence at all times, and in all places in other countreys; nor where the laws and customes of the Civill State do differ from those of the Jews. As this law of Tithes for one, and the law of letting lye the land every seventh yeer, without sowing it, and not gathering the fruit thereof that grew of it self. Levit. 25.4, 5. But in the seventh yeer shall be a Sabbath of rest unto the land, a Sabbath for the Lord: thou shall neither sow thy field, nor prune thy vine­yard. That which groweth of it own accord of thy harvest, thou shalt not reap, neither gather the grapes of thy vine undressed: for it is a yeer of rest unto the land. So likewise God had a speciall providence over that land and people, more then over any other land or people: Deut. 11. v. 10, 11, 12. For the land whither thou g [...]est in to possesse it, is not a [...] the land of Egypt from whence ye came out, where thou sowedst thy seed, and wateredst it with thy feet, as a garden of herbes: But the land whither ye go to possesse it, is a land of hils and valleys, and drinketh water of the rain of heaven. A land which the Lord thy God careth for: the eyes of the Lord [Page 48] thy God are alwayes upon it, from the beginning of the yeer, even unto the end of the yeer. And Mal. 3.10, 11, 12. Bring ye all the tithes into the storehouse, that there may be meat in mine house, and prove me now here­with, saith the Lord of hosts, if I will not open the windows of heaven, and powre you out a blessing that there shall not be roome enough to receive it. And I will rebuke the devourer for your sakes: and he shall not destroy the fruits of your ground, neither shall your vine cast her f [...]uit before the time in the field, saith the Lord of hosts. And all Nations shall call you blessed: for ye shall be a delightsome land, saith the Lord of hosts. By this place, Deut. 11.10, 11, 12. it is plain, that God promised the Israelites to have a more speciall care over the land of Canaan, then he had over the land of Aegypt. And from Mal. 3.10, 11, 12. it is plain, that God promised an extraordinary blessing in the fruitfulnesse of the ground, if they did obey his Law of paying Tithes to him for his use.

And these extraordinary laws (of paying tithes in that land, and letting the land rest every seventh yeer, and nor gathering in the fruits that grew of its own accord) were to exercise the Israe­lites faith, and hope (as by miracles) in expectation of Gods pro­mises, and providence over them in that land of Canaan: as it may be collected from Levit. 25.20, 21, 22. And if ye shall say, What shall we eat the seventh yeer? Behold, we shall not sowe, nor gather in our increase: Then I will command my blessing upon you in the sixth yeer, and it shall bring forth fruit for three yeers. And ye shall sowe the eight yeer, and eat yet of old fruit, untill the ninth yeer: untill her fruits come in, ye shall eat of the old store.

We can expect no such extraordinary blessing of increase in our Land, as daily experience teaches us, that the fruits of one yeer will scarce last untill the new come of the next yeer: And therefore now it were a tempting of God for us to neglect sowing of our land every seventh yeer, in hope of any such increase; be­cause we have no such command from God, nor promise of any such increase of the fruits of our land, as the Jews had of their fruits in the land of Canaan. And the plentifull increase that it pleased God in such an extraordinary way of his providing in that land, was another reason why Tithes were not so burthen­some to the Jews, as they are to us in these times in our land, wherein we can expect no more increase then in an ordinary way [Page 49] of Gods providence, and the greatnesse of the Stock which by art and labour the Husbandman bestows upon the land, in preparing it for the crop, which ordinarily upon arable land that is kept continually in tillage, is as much as the crop is worth, and many times more by many degrees: And yet the tenth thereof is taken from us. How then can Tithes be any other then oppression to us, and a means to undo us?

Neither were these laws binding to the Jews themselves, but onely in the land of Judea: Act. 4. v. 36, 37. And Joses, who by the Apostles was surnamed Barnabas (which is, being interpreted, The son of Consolation,) a Levite, and of the countrey of Cyprus, Having land, sold it, and brought the money, and laid it at the Apostles feet. Here we may see, though the Levites might have no land of inheritance in the land of Canaan, yet they might have land in other countreys; And by the same reason, if any man of another Tribe bought land in any other countrey, he was not bound to pay tithes out of it: And thus Tithes belonged onely to the Tribe of Levi in that land of Judea: and no other Priest, or Minister, can claim Tithes to be due to them in any other countrey. And it is the opinion of the Jews at this day, (as it is reported by most men that have been amongst them) that if they should come again into the land of Canaan, it were not lawfull for any of them to receive tithes; be­cause they could have no lawfull Priesthood, there being none can prove themselves to be of the Tribe of Levi, to whom Tithes did belong.

4. Our Tithes go higher, and are more burthensome to us then the Tithes of the Jews were unto them; For we pay tithe of more things then the Jews did: we pay tithe of our store of hay, straw, and chaffe, and we do not find that the Jews payed any tithe of those things: In paying tithe of these things, we pay tithe of one thing twice in one yeer; as in calves, and lambes, that arise and grow a great part of them from that store that we tithed the same yeer. And therefore our Tithes are a greater burthen to us, then the Jews tithes were unto them.

The Levites did not take away the tenth of the Husbandmans store of hay, straw, and chaffe, as our Parsons do from us; these things were tithed in the increase of calves, and lambes, and in the horse or oxens labour in tilling the land for the crop of corn: [Page 50] By paying tithe of these things, there comes a double mischief to us, as there did not fall upon the Jews: As,

1 First, we are hereby made (many times) to lack meat for our cattell in the Winter, and forced to buy as much store as the Par­son took from us, and sometimes more; and our Parsons have the tenth or tithe of that the same yeer, in tithe calves, milk, lambes, and wooll, and our horses labour.

2 Secondly, we have the means of making soyl in part taken away, and hereby our land becomes barren, by reason that the tenth of our hay, straw, and chaffe that should make dung for our land is taken from us; but the Parsons glibe-land is made fat hereby: The Jews payed onely the first fruits of corn in the sheaf, Levit. 23.10. Speak unto the children of Israel, and say unto them, When ye be come into the land which I give unto you, and shall reap the harvest thereof, then ye shall bring a sheaf of the first fruits of your harvest unto the Priest. We do not find in the Old Testament that the Jews did pay any of their tithes of corn in the eares, but onely the first fruits, as aforesaid: The husbandman carried all the rest of his crop into his Barns, and divided the tithes of corn, by the Epha or bushel, and carried it into the store-houses. Mal. 3.10. Bring ye all the tithes into the store house, &c. It may be the Jews carried all the rest of their crop into their Barns, and carried their tithes unto the store houses as aforesaid: for these three Reasons.

1 First, that the husbandman might have all his store to himself, for the reasons aforesaid.

2 Secondly, that the Husbandman might deduct his seed, and pay but the tenth of the increase: as it is written, Deut. 14.22. Thou shalt truly tithe all the increase of thy seed, that the field bringeth forth yeer by yeer. It is not said, thou shalt give the tenth of the seed, and the tenth of the increase of thy seed too, as we do in paying the tenth of the crop, wherein our seed, and increase of our seed lyes (if there be any) but the tenth proventus sementis tuae, viz. the tenth of the increase of thy seed, not the tenth of the crop, as we do now; although we have not our seed again.

3 Thirdly, that the tithes might be more equally divided a­mongst the Levites, according to the greatnesse of their families, or other necessities; not as it is now amongst us: for some Levites, or Ministers, to abound in superfluity, and be clothed in silk, and [Page 51] satten; when others of their Tribe, and many times of better de­servings, are in want, and are cloathed with rags.

The Levites trusted the Jews with their true tithing, more then our Parsons will do us; the Levites had no such Statute of trebble the value, or such a club law, as we have: if they did not truly di­vide their tithes.

By this that hath been said, the Reader may perceive (if not partial, and not wilfully blinded) that the justice and equitie of the Law of Tithes amongst the Jews stood in the manner and form or kind of worship, laws, and policy that it pleased God to ap­point in the Church and Common-wealth of the Jews, at the foundation and institution thereof. And if we consider the Jews Tithes simply in themselves, without having respect to the justice and equity of these Reasons before mentioned, that the tithes in the time of the law were a portion expresly given to God, by his command; and so a part of his worship, and service: And his por­tion given for a stipend for one of the Tribes in the land of Cana­an, in consideration that the Tribe of Levi had none Inheritance or portion in the land of Canaan; then, no doubt, Tithes were burthensome to the Jews themselves, and it is no more dishonour to God for us to say so, then it was for the Apostle to call Circum­cision and the whole Ceremoniall Law (whereof Tithes were a part) a burthen that neither our fathers nor we are able to bear: For God may lay a burthen when he please upon his people (by his supream power over his creatures to try their obedience) and yet no dishonour to himself; and he may take that burthen off when he please: And it is oppression for any humane power (though under what pretence soever) to lay that burthen upon man, that God hath taken off. God might command A [...]raham to offer his onely son Isaac for a burnt offering, Gen. 22.2. and yet no dishonour unto God himself: and it had not been a sin in Abraham to have offered his onely son Isaac, but Abrahams duty, if God had not stayed Abrahams hand; because Abraham had Gods command to do it. And yet it was sin in Jephthah to offer his onely Daugh­ter for a burnt offering, though unto God, because he had no command from God to do it. Judg. 11.39. Neither could his igno­rant zeal in keeping his rash vow that he made, Judg. 11.30, 31. excuse him of sin, because he had no command from God to do it. [Page 52] So neither may we burthen our selves with Tithes or other things (though under a good pretence) without a command from God; if we do, it will be no lesse then sin in us (as that fact of Jephthah was in him: we have no command from God to burthen our selves, but command to the contrary.

Obj. Tithes were payed before Moses time, long before the Ceremo­niall Law was written; for Abraham payed tithes unto Melchise­dech of all that he had. Gen. 14.19, 20. And Jacob vowed, that if God would prosper his journey, and bring him back in safetie to his fathers house, he would give unto God the tenth of all that he should give him. Gen. 28.21, 22. And it is probable by this fact of Abraham, and vow of Jacob, that Tithes are due by the law of Na­ture; and that A [...]raham and Jacob knew by the Law of Nature, that the tenth of every thing was to be given unto God: and so it is no part of the Ceremoniall Law, there being no prescription nor Law written.

Ans. TO this Objection we answer. First, that neither Abraham nor Jacob, nor any other man, no not Adam himself in Paradise in the state of innocency, did, or could know Gods will by any law of Nature, or naturall knowledge, how God would be wor­shipped, and served by these creatures that he had made for mans use; or, with which of them, or how much of them; all, or any one of them, God would accept of at mans hands, untill God had revealed his will unto Adam: And this is proved out of Gen. 2.16, 17. And the Lord commanded the man, saying, Of every tree in the garden thou mayest freely eat: But of the tree of the knowledge of good and evil, thou shalt not eat; for in the day that thou eatest thereof, thou shalt surely die. By this place of Scripture it is plain, that although Adam did know, that there was a God, by the sight of all the creatures; as all men may know the like by the sight of them, according to that of the Apostle, Rom. 1.20. For the invisible things of him from the creation of the world are clearly seen, being understood by the things that are made, even his eternall power and Godhead, so that they are without excuse. Yet Adam did not know Gods will how he would be worshipped, and served by these creatures, he knew not Gods will which of the fruits of the trees of the garden should be meat for him, untill [Page 53] God had revealed it to him, for a command of his worship, and service; as it may be further collected from the conference of the Serpent with the woman when he tempted her: Gen. 3.1, 2, 3. Now the serpent was more subtile then any beast of the field, which the Lord God had made; and he said unto the woman; Yea, hath God said, Ye shall not eat of every tree of the garden? And the woman said unto the serpent, We may eat of the fruit of the trees of the garden: But of the fruit of the tree which is in the midst of the garden, God hath said, Ye shall not eat of it, neither shall ye touch it, lest ye die.

Secondly, we answer, that the Ceremoniall Law of sacrifices, oblations and offerings of first fruits and tithes, and the distincti­on of clean and unclean beasts, and fowls, was revealed to the fa­thers before the Flood: and God commanded so much of the Ce­remoniall Law as might serve for the good of his Church and people at that time.

Yea, the Ceremoniall Law was revealed to Adam presently af­ter the fall, after God had given to Adam the promise of the bles­sed seed Christ Jesus. Gen. 3.15. And I will put enmitie between thee and the woman, and between thy seed and her seed: it shall bruise thy head, and thou shalt bruise his heel. It is likely that then God revealed to Adam the means or way how that blessed seed Christ Jesus should work the merit of mans Redemption, which was by offering him­self a sacrifice for Adams sin, and for the sins of all them of Adams posterity, whom God had a purpose to reserve to himself; as it may be gathered from Gen. 3.21. where it is said, Ʋnto Adam also and to his wife did the Lord God make coats of skirs, and cloathed them. These skins (no doubt) were the skins of some clean beasts, that God had taught Adam to sacrifice for a type and figure of that sa­crifice that Christ himself should offer (of himself) in time to come; and God cloathed Adam and Eve with the skins of those clean beasts that he had appointed Adam to offer in sacrifice; signi­fying hereby to Adam and Eve, that as their naked bodies were cloathed (to keep them from harm and shame) with the skins of the clean beasts that were offered in sacrifice: Even so their naked souls should be cloathed with the rich robes of Christs righteous­nesse, as with a garment.

And that God taught Adam the Ceremoniall Law, is strongly confirmed from the example of Cain and Abel, Gen. 3, 4, 5. And in [Page 54] processe of time it came to passe, that Cain brought of the fruit of the ground an offering unto the Lord: And Abel, he also brought of the firstlings of his stock, and of the fat thereof. This (no doubt) Cain and Abel did, being taught by their father Adam; and he having a command from God to do the like himself, and to teach it to his children, and to present his own and his childrens oblations of praise and thanks­giving unto God at some place where God had appointed to be worshipped. And this is further confirmed by the command of God unto Noah, that he should receive in to the Ark of every clean beast and fowls by sevens, the male and his female; but of the un­clean beast by couples, the male and his female. Gen. 7.2, 3. Here we see that there was a distinction of clean and unclean, both of beast and fowls before the Flood. And Doctor Willet upon this place, Gen. 7.2. hath well observed, that this distinction of clean and unclean beasts is not inserted by Moses, by way of Anticipa­tion, as though he spake onely of the ti [...]es wherein he writ; but this difference was known unto the Patriarks by revelation from God, in some godly Tradition delivered from one to another; As we see the use of sacrifices the oblation of Tithes, the observation of the Sabbath, were practised before the Law was written. God did not change the form of his worship and service by Moses, but established the form of his worship,Note. or Ceremoniall Law, by Moses under the Priesthood of Levi, according to that of the Apostle, Hebr. 7.11. If therefore perfection were by the Leviticall Priesthood (for under it the people received the Law) The seventh of every clean beast and fowl, that came into the Ark to N [...]ah, was (no doubt) reser­ved by Gods appointment, for Noah to offer in sacrifice after the waters were abated from off the earth, and he come out of the Ark, for an offering of thanksgiving unto God, for the great bene­fit and blessing of deliverance from the Flood, as Gods people did use to do for the like deliverance from any danger: Gen. 8.20, 21. And Noah builded an Altar unto the Lord, and took of every clean beast, and of every clean fowl, and offered burnt-offerings on the Altar. And the Lord smelled a sweet savour. By this that hath been said it is plain, that the Ceremoniall Law of first fruits and tithes that were to be given to G [...]d for oblations and offerings, was revealed to the Fa­thers before the Flood, and afterwards established under the Priesthood of Levi, as aforesaid: And the Law of first fruits and [Page 55] Tithes was to be abolished with the Priesthood of Levi, under which they were established with the other Ceremonies, as well as any other Ceremonies; as may be collected from Hebr. 7.12.

And so we conclude, that Tithes, or the tenth part of the in­crease of mens goods, were not known by any Law of Nature, or naturall knowledge, to be due unto God; no more then the distin­ction of clean and unclean beasts, and fowls, was known unto man, by any naturall knowledge to be offered unto God: As is vainly affirmed by some men, that would beguil others of their goods by this law of Tithes.

Object. Tithes are but a civill thing, a land rate, and as a quit­rent going out of the land.

Ans. TO this Objection we will give a double Answer. First, to the Impropriators, as they make use of this Objection against the Husbandman. Secondly, to the Ministers, as they make use of it against the Husbandman.

And for the better understanding of this Objection, we must first know, what is meant by these words, A civill thing; If by a ci­vill thing be meant a thing that passes from one man unto ano­ther, by contract or agreement of parties, wherein one thing is given for another, of equall value; or something done by agree­ment of parties, for the thing received: if Tithes be understood, and accounted a civill thing in this sence, and compared with such civill things, as with this here instanced of a quit-rent; then Tithes is no civill thing, but a thing absolutely unlawfull: Be­cause it is not just as such civill things are, or as a quit-rent is; for the land was given for a consideration for the quit-rent in the be­ginning of Tithes, and tenures of land. But the Impropriators neither gives any thing to the Husbandman, nor does any thing for him for the Tithes that he receives of him every yeer.

Neither will it serve the Impropriators turn, to say that he hath the same right unto Tithes, as Monks and Nunnes had, that lived in Abbeys, and Nunneries: for Monks and Nunnes did not claim Ti [...]hes to be due unto them by any civill right or title, but by a Divine right from God, and given unto them, for some pious use and service that they performed unto God, for the good of [Page 56] those that they received Tithes of. There is not the same reason, nor the like colour of reason for the Impropriators to claim tithes of the Husbandman, as there was for Monks; For the Monks sup­posed that they did something for the Husbandman (that he could not do for himself) for the tithes that they received of him; And the husbandmen in those ignorant times supposed that they had some spirituall benefit by paying of Tithes.

Secondly, if by these words, a civill thing be meant a gift gi­ven to another, for some reasons arising from duty of nature, or naturall affection, they owe unto those to whom they give such a gift: As a father gives goods or lands unto his childe for reasons and considerations arising from duty of nature that he owes unto his childe, or naturall affection that he bears unto his childe: If Tithes be accounted a civill thing, in this sence, and compared with things of this nature; then Tithes will manifestly appear to be no civill thing, but unlawfull. For there is no such reason ari­sing from any duty of Nature, or naturall affection, that the Hus­bandmen owe unto the Impropriators, who are neither of con­sanguinitie or affinity to the Husbandman. But there are reasons arising from duty of nature, and naturall affection, that the hus­bandmen owe unto themselves, and to their wives and children, for the Husbandman to pay none of their goods and labour, to the Impropriators under the name of Tithes: But to keep that part of their goods and labour, to help maintain themselves and their wives and children in a comfortable being in this naturall life; the husbandmens goods and labour being given unto them from God for that purpose.

3 Thirdly, if by these words, a civill thing, be meant a tax impo­sed upon the Husbandmen by the lawfull Authority of the Civill Magistrate, the King and Parliament, for some end and purpose, for the Kingdoms good in generall: As Subsidies and Fifteens have been imposed upon men of this Kingdom, by the King and Parliament, for to furnish the Kings Majestie with money for some good use for the good of the Kingdom in generall: As to defend the King and Kingdom from Enemies at home or abroad, as our Subsidies, and monethly taxes have been of late to maintain an Army to defend the King and Kingdom in generall from Enemies at home and abroad. Tithes being understood in this sense, and [Page 57] compared with such civill things of that nature, it doth mani­festly appear, that Tithes is no civill thing, but an unjust tax; For it is not known that there is any such end or purpose, for which the Husbandmen of this Kingdom should give the tenth of their stock and yeers labour every yeer to the Impropriators: neither doth the Impropriators do any thing for the good of the King­dom in generall. And again, if there were any such generall good done for the whole Kingdom, then the burthen of charge ought to be equally born by every man, according to his ability, that hath benefit by that good; and not to lay the burthen of charge onely upon the Husbandman.

Fourthly, if by a civill thing be understood a tax imposed up­on 4 the Husbandman by the lawfull power of the Civill Magi­strate, for some particular good onely to the Husbandmen, as Tunnage and Poundage is layed upon Merchants, that the King may be inabled to provide Ships to scowre the Narrow Seas from Pirats and Robbers, that so the Merchants may have safe passage to bring home their Merchandies or Wares. Tithes being consi­dered in this sence, and compared with civill things of this na­ture, then Tithes appears to be no civill thing, but an unjust tax, and burthen lying upon the Husbandman, though layed upon him by the Civill Magistrate: For there is no such reason for the Civill Magistrate to lay so great a tax upon Husbandmen in this Kingdom, as is the taking away the tenth of the Husbandmens stocks and yeers labour, every yeer under the name of Tithes: nor any reason at all, for the Civill Magistrate to lay any tax upon Husbandmen; there being no particular good (any manner of way) done by the Impropriators to the Husbandmen, for the Tithes that they receive of them.

And it is contrary to the fundamentall Laws and constitution of this Kingdom; and the condition of a free people, for the Civill Magistrate, either King or Parliament, to lay any tax upon the free people of this Kingdom in generall; or in particular, upon men of any one lawfull Trade or Calling whatsoever; without a good consideration of something done (by those to whom they appoint to receive the said tax) unto those that they receive the tax of; for if the Civill Magistrate, King or Parliament, may lay any one tax (for no consideration) upon the free people in gene­rall, [Page 58] or upon any sort of men of any one particular Trade or cal­ling, and give it to whom they please, then why not another tax of the same nature? And so the Civill Magistrate may make any particular men whom they please, to be slaves to what particular men they please, or to themselves. If this principle should be granted, let any reasonable man judge, whether this would not overthrow the fundamentall Laws of this Kingdom, and the con­dition of a free people, and the property of mens goods; For it is no matter by whom our goods are taken from us, for no conside­ration, either by the King alone, as a private person, as in the case of Ship-money; or by the King and Parliament, as publick per­sons, it is in both cases alike to the people, and unlawfull, if there be no consideration for it.

And thus Tithes is no civill thing, nor due to the Impropria­tors, after any manner of way as civill things are due; the Impro­priators neither gives, nor does any thing for the tithes that he takes; and therefore can have no lawfull right or title to Tithes. Neither is Tithes a land-rate like a quit-rent, but a personall charge that lyes upon the occupiers of land; for if the owner of the land do till the land himself, then he payes the tenth of a yeer and a halfs rent of the land for Tithes, every yeer, as long as he holds the land himself: and the tenth of his stock of two yeers purchase, of the land that he must lay out every yeer in the crop of Corn, in all Farms that consist of tillage. And if the Owner let his land, then this charge lyes all upon the Tenant that rents the Land, and nothing upon the Landlord: for the Landlord takes his Rent of the Tenant; and the Tenant payes the tenth of a yeer and a halfs rent every yeer for Tithes; and the tenth of his stock, of the value of two yeers purchase of the land; which being put together, makes up the Tenants stock, of three yeers and a halfs purchase of the land, of what value soever the rent be: and so the Tenant payes the tenth of his stock of three yeers purchase and a half, of the land laid out in the crop of corn, for tithes every yeer; and so it is truly a personall charge, that lyes upon the occupiers of the land. And so much shall serve for Answer to the Impro­priators.

Neither is Tithes a civill maintenance for a publick Ministery: for where there is any publick benefit (as is the Ministery) that may reach to every particular man; there the burthen of charge [Page 59] appointed by the Civill Magistrate, ought to be layed that it may be equally born of every man (according to his ability) that hath, or may have benefit by the publick Ministery, or else it is unjust; and therefore no civill thing, or lawfull maintenance, for a publick Ministery, though commanded by the publick Magi­strate. For all taxe [...] imposed by the Civill Magistrate, for what end or purpose soever it be, ought to be just, and agreeable to sound Reason. But this way of maintaining the Ministers by gi­ving to them the tenth of the Husbandmans crop, every yeer un­der the name of tithes, is unjust; because unequally born. For sup­pose a Gentleman have as much land in any Parish that is worth 500 li. by the yeer, and he lets out that to poore Farmers, as 100 li. by the yeer to one man, and 50 li. to another, and 20 li. or 10 li. to another man, and so lets out all his land: These poore men that rent that 500 li. by the yeer, do lay out amongst them a stock of the value of three yeers and a halfs purchase of the land (and that will be 1750 li.) in the crop of corn; and the tenth of that is 175 li. which is taken of the poore Tenants stock, although the poore Tenants stocks layed out in the crop increase never a peny; and the Landlord payes never a peny to the Ministers for their maintenance. And Tradesmen, as Tanners, Maltsters, Drapers, and the like Tradesmen, that have as big stocks, nay greater than most Farmers have, and they pay never a peny to the Minister, ex­cept it be a garden peny, or a peck of Apples, or such like tithes.

Object. Tithes were bestowed on the Ministers, by the free gift of the people, and confirmed by the Parliament: and as long as the Parliament continues them to us, we have as good a right un­to Tithes, as the people have to their Land, and the rest of their Corn, even the Laws of the Land.

Ans. THis reason and practise of our Ministers, is much like that of the covetous Priest amongst the Jews, that our Saviour Christ reproved them for; and it is recorded, Mark 7.11, 12, 13. in these words: But ye say, If a man shall say to his father or mo­ther, It is Corban, that is to say, a gift, by whatsoever thou mightest be pro­fited by me: he shall be free. And ye suffer him no more to do ought for his father or his mother: Making the Word of God of none effect through your [Page 60] tradition, which ye have delivered: And many such like things do ye. And so many of our Ministers care not who want so they may abound; as we can instance in some of our Ministers if it were needfull, who have 50. or 100. or 120 li. by the yeer, of glibe-land, and yet they take the tenth of poore mens crops that have never a furrow of land of their own, but rent 3 or 4 Acres of land at a hard rent, and pay for the plowing of that land; and buy, or it may be bor­row seed to sowe that land to provide bread for themselves and families: And our Ministers will take the tenth of those poore mens crops, yea although the crop will not pay the Landlord his Rent, and the Ploughman for plowing of the land.

The Ministers of the Gospel ought not to be so greedy, and hastie in receiving, and so hard hearted to hold whatsoever in simple, silly and blinde devotion the people have formerly given to them (or rather have been seduced by false doctrine in former times of ignorance and blinde superstition) although they have been confirmed by the Statute Law of the Land; if they see others to be impoverished by the gift whereby they are inriched, if they do, that is by the law of man, not of God, nor of Conscience.

The people in former time might give freely to the Priests the tenth part of their goods and labour laid out in their crop of corn in those times; But how the peoples free gift of the tenth part of their goods in those times (before we were born) to their Priests should binde us in these times, to give to our Ministers the tenth part of our stock and labour layed out in our crop of corn, every yeer to provide bread for our selves and families in these times (although we want it our selves) is a thing that we can see no reason for, neither by the Law of God, or Nature.

Although an Act of Parliament can confirm a gift for a time, yet it is the Law of God that makes the right: And if the gift be not founded upon a good ground, and due by the Law of God; an Act of Parliament cannot make it due. And in such a case it were more Honorable for the Parliament to repeal such Statutes [Page 61] or Acts of Parliaments, that have confirmed such gifts, that are not grounded upon the Law of God, nor sound Reason, but found to be burthensome, and oppression to the people (as this tax of Tithes is) then to confirm them again: And if the Parliament should not repeal such Statutes, they do not perform that which God requires of them. Shall not the Judge of all the earth do right? saith Abraham, Gen. 18.25. The Parliament, by Gods providence, and the peoples appointment, are in Gods stead to relieve the oppres­sed; neither should the Parliament perform the trust reposed in them by the people, if they should not repeal such Laws that the people find by experience to be burthensome to them.

But first we must understand which Law of the land is meant here that Tithes are due to Ministers by; for there were three sorts of laws in this Land, The Common Law, the Statute Law, and the Ecclesiasticall Law. We have right unto our lands by the Common Law, as they are ours by lawfull purchase, decent, or gift from our Ancestors, and naturall parence; And we have right unto our goods, or crop of Corn by the Common Law, and by the Law of God and Nature, as they are our proper goods gotten by the labour of our hands. But Tithes were never due to Eccle­siasticall persons, by the Common Law of the Land; but thought to be contrary to the justice and equitie of the Common Law, un­reasonable and burthensome to the people. For before the 18. of Edw: 3. any man might bring a Writ of Scire Facias to warn Pre­lates, Clerks, or other religious persons, to answer of Desmes in the Chancery, to shew if they have, or can any thing shew, or say why such Desmes ought not to be restored to the Demandents, as it appears in that Statute made in the 18 of Ed: 3. cap. 7. And that Statute was made of purpose to prohibite the granting of such Writs at the Common Law: The Prelates claiming Tithes to be due onely by their Ecclesiasticall Laws, and to be sowed for onely [...]n their Courts. And since that time of Edw: 3. no Suits for tithes were to be in any of the Kings Courts, called Leay or Temporall: And the Statute made in 2 Ed: 6. for the paying and recovering [Page 62] of Tithes, saith, That none shall sue for Tithes, but in the Eccle­siasticall Courts, before the Ecclesiasticall Judges: And this Eccle­siasticall jurisdiction, their Laws and Courts, the King and Par­liament have put down by an Act this present Parliament, and have layed a penalty upon any one that shall exercise any Eccle­siasticall power.

And here we note an act of Divine providence and mercie to the Husbandmen of this Kingdom; for the Husbandmen were like the impotent man that lay at the pool of Bethesda, Joh. 5.5. or like the man that went down from Jerusalem to Jericho, Luke 10.30. that was stript of his rayment, wounded, and left half dead; the Priest and the Levite came by and saw him, but let him lye: Even so it hath been with us Husbandmen of this Kingdom, our Priest and Levites, nor any other man had any compassion on us, untill God, like the good Samaritane, took upon him the cure and care of the Husbandmans wounded estate, and by the over­ruling hand of his Divine providence, by putting down the Ec­clesiasticall Jurisdiction and power, he hath in point of Law and power put down Tithes, that the Scripture might be seen to be fulfilled in our dayes, that saith, Man may purpose, but the de­termination of things is from the Lord: Prov. 16.9. It seems it was not intended by our Ministers when they desired that the Prela­ticall power should be put down, nor by the Impropriators that desired the like, that Tithes should have ever been questioned, but that they should have kept us in bondage (as we have been) un­till Dooms-day, but Gods Decree shall stand, whosoever saies nay; and we hope that the Prelaticall power, and the devouring law of Tithes shall never be set up again in this Kingdom.

Now let us see what right the Ministers have to Tithes by the Statute Law of the Land: Acts of Parliament commanding the payment of Tithes of hay and corn are these; the Statute made of the 27 of Hen: 8. saith, that Tithes shall be payed according to the laudable custome of the place, or Parish. And the Statute made in the 32 of Hen: 8. saith, that Tithes shall be payed accor­ding to the lawfull custome of the place; so that if the Ecclesiasti­call power were in force, to which the execution of these Statutes did belong, before these Statutes can be in force, you must first prove that this Popish Custome of paying the tenth of the Hus­bandmans [Page 63] stock and yeers labour layed out in the crop of corn, by paying the tenth of his crop every yeer under the name of Tithes or tenth of increase, be a laudable or lawfull custome. But if this Custome of taking the tenth of the crop of corn every yeer, be proved to be contrary to the Law of God and Nature, or sound naturall Reason, as it hath been proved, and doth manifestly ap­pear (to be so) in our Demonstration of the Oppression of Tithes, then those Statute Laws and Customes of Tithes are to be abo­lished, both by the Law of God, and Nature; and by the Law of the Land: For the ground of all our good Laws and laudable Customes of our Land, is sound naturall reason written in the heart of man: wh [...] [...]ound naturall reason aforesaid is contain­ed in the Commandments set down in the second Table of the Morall Law of God, which is the rule of all actions and duties to be performed between man and man. And against this Law of God and Nature (so called, because written in mans naturall un­derstanding) prescription, custome, nor Statute Law, may not prevail; and if any be brought against it, they be not prescripti­ons, customes, nor Statute Laws; but a thing void; and against Justice, though confirmed by an hundred Acts of Parliaments. And for this purpose see the Book called, The Doctor and Student, ca. 2. pa. 4.

The Statute made in the 27 Hen: 8. was to continue but untill the 32 persons should set down what should be the Ecclesiasticall Law of Tithes, and after those Laws so ratified and confirmed under the Kings Broad Seal, that the 32 persons had made, then the said Tithes of Hay and Corn, and other Tithes, should be pay­ed to such Ecclesiasticall persons, and others, and no otherwise, the which was n [...]ver done; and therefore it is high time that this custome of taking the tenth of the husband mans crop of corn, every yeer, under the name of Tithes, be brought and tryed by the touchstone of sound naturall Reason, and the Law of God, and put to the vote of all understanding godly and conscientious men, whether it be according to rules of Justice contained in the Morall Law of God and Nature, the rules of Christian pietie and charity, or not; for the Ministers to take away the tenth of the husbandmans stock and yeers labour (layed out in the crop of corn) every yeer under the name of tithes, or tenth of increase, [Page 64] when the husbandmen have none increase of their stock so layed out in the crop of corn as aforesaid: nay although he be a looser, and many times hath not his seed again that he sowed. And for your prein tithes (as you call them) we can find no Statute, nei­ther in Mr. Pultons, nor Mr. Rast [...]les Collection of Statutes, that speakes of your tithe of Mint and Rue, we mean your Garden peny for pot-herbs; nor for tithe seed of hemp, flax, onions, rape, and such like things; nor for tithe apples, pears, wardens, plums, cherreys, and such like fruit; nor for tithe milk, cheese, and but­ter; nor for tithe honey, wax, pigges, geese, ducks, egges, or chickens; nor for tithe wooll, lambes, calves, kids, and colts; nor for the smoak peney, nor for the shreading [...]r hedges, nor lop­ing of timber-trees; nor tithe of under-wood, nor turf cut and prepared for fuell; nor for tithe of chips of timber, butts, and roots of trees, when they be digged up; nor thorns, bryars, wal­nut-shels, and nut-shels, coals, weeds, cowshards, which the Can­non Law cals Editus boum, which (in some places) are used for fuell: All these things before-said are titheable by the Popes Cannon Law, but not by our Common Law, nor Statute Law. And here the Reader may perceive, that there is nothing so small or mean, but if any man by his labour can make it fit for some use or other for himself, but it must be tithed.

Obj. Are Tithes to be sued for no where else, but in the Ecclesiasti­call Courts, and before the Ecclesiasticall Judges? the practise hath been otherwise, for men have sued for them at the Courts a [...] Westminster, which are called Temporall Courts.

The question is not, what hath been the practise of suing in the Temporall Courts, Ans. and before the Temporall Judges; but whe­ther Tithes ought to be sued for in the Temporall Courts by the Common or Statute Law of this Land; and whether the Judges Temporall are by the Statute or Common Law appointed to hold plea for Tithes or not: which is answered after this manner. First, there were two Powers within this Kingdom, before, and since the Conquest; viz: the Temporall Power belonging to the Temporall Magistrate, viz. the Kings of this Land, and exercised by their Ministers, the Judges, and such like Officers.

The second, or other Power, was called, the Ecclesiasticall Power, claimed by the Pope, and exercised by his Ministers the Bishops, or their Deputies. And as the two Powers were distinct one from the other; so likewise they had cognizance of severall matters, belonging to each Jurisdiction: one Jurisdiction was not to meddle with any matter that belonged to the other; and the Ecclesiasticall Jurisdiction had the preheminence, for the Eccle­siasticall persons were not to be tried before the Temporal Judges for criminall matters, but before their own Judges; untill that Hen: the second perceiving that many horrible crimes commit­ted by Clerks or Church men, were smothered up in secret, or smoothed over (with some sleight punishment) upon examina­tion, for nothing by their Law was mortall; he therefore obtain­ed in the great Counsell of Clarendon, to have the Clergie tryed before the Temporall Judges, which first cut the hamstrings of the Ecclesiasticall Jurisdiction, for the perpetuall laming of it, as Sir Hen: Spelman saith in his Treatise, De Sepultura; and now this King and Parliament hath broke the neck of this Ecclesiasti­call Power.

These two Powers remained under their distinct heads, untill King Hen: 8. united these two Powers in himself, and then he con­tinued these two Jurisdictions distinct, one from another, and ex­ercised the Ecclesiasticall power by the same kinde of Officers as before, and continued the same causes to be tryed in the same Courts as before: and this particular matter of Tithes, He and the Parliaments in severall Acts tyed the cognisance of Tithes to the Ecclesiasticall Jurisdiction: And the Statute made in the 2d of Edw. 6. for recovering of Tithes, saith, that no person, either Ec­clesiasticall or other, shall sue for Tithes elsewhere.

Doctor Ridly hath answered to this Objection, in his Treatise called, A view of the Ecclesiasticall Law, and in the third part, in the first and second Chap: he proves by good Reasons, that tithes are to be sued for in the Ecclesiasticall Courts; and that the Sta­tutes made in the 27. and 32. of H: 8. for the payment of Tithes, and in the 2 of E: 6. were Ecclesiasticall Statutes, and that every part and circumstance of them were intended for the Ecclesiasti­call Jurisdiction, but that the Common Lawyers by a meer trick, without any ground of Reason, brought some triall of Suits into their Courts.

And it was after this manner, because that the Statutes of the 27. and 32. of Hen: 8. saith, that all the Kings Subjects shall pay their Tithes, according to the laudable use and custome of their Parishes and places, where such tithes grow, and become due; which is undoubtedly understood of Ecclesiasticall customes tri­able at the Ecclesiasticall Law, untill now of late men think all too much that goes besides their own nets: and therefore they say, that the custome of paying of Tithes is of temporall cogni­zance onely, and not of spirituall; and so pretend that it is not for Tithes that is sued for, but for the custome or manner of pay­ing of them; and therefore upon this suggestion they bring a Pro­hibition to draw the Suit into the Temporall Court. But the cu­stomes or manner of paying of Tithes were of Ecclesiasticall cog­nizance, for these customes for Tithes were long before these Sta­tutes were made, and were triable in the Ecclesiasticall Courts; yea the customes for payment of Tithes have been altered by Provincial constitution of Ecclesiasticall Jurisdiction, and brought to the same as they are now, by the Ecclesiasticall Provinciall Constitution (of the Popes Legats) made in or before the dayes of Hen: 3. and the latest in the dayes of Hen: 5. What then are the customes of paying of Tithes, but Ecclesiasticall customes, and many other such like stratagems, some Common Lawyers had, to bring grists to their own Mill, as Doctor Ridley saith, which for brevitie is here omitted. The truth is, it was meer emulation be­tween these two kinds of Laws and Powers, that brought in Pro­hibitions to draw the Suits for Tithes into the Temporall Courts, and all Suits tried for tithes, in any of the Kings Courts called Temporall, were things done coram non Judice; for if Judges and Lawyers in their practise, be not bound unto the letter of the Sta­tutes, but may fain an interpretation of the Statutes every one at his pleasure, then the Statutes are but like a nose of was, that may be made longer or shorter at the Lawyers pleasures; and the Statutes will be but snares to entrap men; and the people were as good never choose men for a Parliament, if the Statutes that they make be of no better force.

Can two Justices of the Peace do that which is tyed to the Ju­stices (by the Statutes) at the Quarter Sessions, or can the Justices at their Quarter Sessions try that before them, that the Statutes [Page 67] enjoyn to be tryed at the great Assize before the Judges, were not this a meer confusion and disorder? This the Temporall Mini­sters of the Kingdom allow not amongst themselves: and there was as good reason that the Statutes made to distinguish the two Ju­risdictions, should have the same power, and the same causes or matters belonging to the Ecclesiasticall power, should have been tryed before the Ecclesiasticall Judges by the Ecclesiasticall Laws, as the Statutes appointed.

And for the better satisfaction of every mans judgement, that the clause of treble damages in cap. 13. Ann. 2. Edw: 6. is to be sued in the Ecclesiasticall Courts onely, it will not be amisse, if, for the confirmation thereof, you view Doctor Ridleys own Argu­ment, where he saith:

Out of the Statute of 2. Edw: 6. cap. 13. they raise many Pro­hibitions, the first whereof in order of the Statute, although the last in practise, is the Prohibition of treble damages, upon not di­viding and setting out of Tithes; or at the least for the not com­pounding for them before they be carried away: which forfeiture they suggest, and thereupon bring a Prohibition, and so draw the whole Suit of Tithes into their Courts, contrary to the true meaning of this Statute, which would have those treble damages, in case of not justly dividing and setting out, or not compound­ing for the Tithes before they be carried away, be no lesse recover­able before an Ecclesiasticall Judge, according to the Kings Ec­clesiasticall Law, then the forfeiture of double value, by the let­ting and stopping of them to be carried away, whereby they are lost, with the costs thereon growing, is remediable at the same Law: for albeit the clause which is to redresse this wrong, be put after that part of the Statute, which concerns the stopping and letting of Tithes to be carried away; yet when there is as great reason, that it should stretch it self to the first branch of the provi­sion, as to the second, and the second branch hangeth on the first by a conjunction copulative; and there is no hetrogeny or dispa­ritie in the matter, whereby it may not be as well verified in the one branch, as the other; I see no reason why it should not equal­ly respect them both according to the rule of the Law: Clausula in fine posita refertur ad omnia praecedentia, maxime quando non resultaret intellectus contrarius juri; as here it doth not: for the intendment of [Page 68] either branch of the Statute is, to procure by their severall forfei­tures, a just and true payment of Tithes; the recovery whereof, as the precise words of the Statute in one member restrain unto the Ecclesiasticall Law; so the identitie of Reason in the other mem­ber doth confirm it unto the same Law: for where there is the like reason or equitie, there ought to be the like disposition or or­der of Law.

Beside, if the principall cause it self be triable in the Ecclesiasti­call Court, why should not those things which hang thereon be tried in the same Court? For they are but as it were accessories to the principall, and so not onely follow the nature of the princi­pall, but also belong to the Court of the principall, and are deter­minable where the principall is: for otherwise haply there might fall out contrary sentences of one and the self same thing, the one condemning, the other absolving.

Further, in that Court wherein the course of Justice already is begun, the cause may with lesse labour, and easier expences, be ended, being for the most part determinable by one sentence, than that a new Processe thereof should begin before another Judge, who knoweth little or nothing of the principall matter, and ther­fore cannot so easily deside the accessorie.

Lastly, those that take this course, first to surmise a forfeiture, then to draw the originall Suit, whereupon the forfeiture grew into question, bring in a proceeding far different from the com­mon stile of all well ordered Courts, in all Nations, among whom the conusance of the cause, and tryall thereof goeth before, and the forfeiture or execution thereof followeth after: But in this hysteron proteron, the execution is in the foreward, and the triall is in the rereward: In which doing they deal much like as Cacus the Giant dealt with Hercules oxen, who to the intent that Hercules should not find what way they were gone, drew them backward by the tayl into his Cave; But as that devise served not Cacus, but that Hercules had his oxen again: so it is to be hoped, the Reve­rend Judges of the Land will not suffer this subtilty long to pre­vail; but as it came in like a Fox, and now reigns as a Woolf, so in the end it shall dye and vanish away like a vain device, much like the destinie of Boniface the eight; that we be not devoured by this or the like device, as all the green things in the land of Aegypt were devoured by Locusts.

To this Reason of Doctor Ridleys, we do adde this; If the for­feiture of treble damage set down in the first part of the Statute of 2 Edw: 6. for not setting out nor compounding for Tithes, be not to be sued for in the Ecclesiasticall Courts, before the Eccle­siasticall Judges, and the charge arising in the Suit, as well as the forfeiture of the double value for carrying away the Tithes, or hindering the Parson from carrying away the Tithes, so that it be lost: then that Statute that was intended for a remedy to pro­cure an exact paying of Tithes should be worse then the disease it self in many cases: for where the tithe is worth but 10 s. by the yeer, the treble of that is but 30 s. and the cost in the Suit at the Common Law will be 6 li. one way or other, before the Plaintiffe can recover the 30 s. which is foure times the value of that the Plaintiffe shall recover. And if the tithe be worth but 20 s. the treble of that is but 3 li. and the cost of the Suit at the Common Law will be 6 li. as aforesaid; and we do not beleeve that the makers of that Act would let passe such an over-fight: the Statute being made for the Bishops, Ministers, and Impropriators own end and purpose.

And as Judges and Lawyers have d [...]e that in their practise, in their Temporall Courts that they have no right to do; so have Countrey men been forced to do that which belonged not to them to do, neither by the Common nor Statute Law of this Land: the Yeomen, Farmers, and Tradesmen have been sum­moned upon Juries in Temporall Courts, to try Suits for Tithes, that they had no right to try, neither by the Common, or Statute Law of this Land. For if Tithes be not to be sued for at the Com­mon Law before the Temporall Judges (as indeed they never were) as it appears in the Statute for the payment of Tithes made in the 32 of Hen: 8. then have Lay-men no right to be upon Juries to try Suits for Tithes, unlesse there had been an expresse Statute, commanding them to appear upon Juries for the triall of Suits for Tithes; so that Countrey men are made but one anothers exe­cutioners, and a kinde of excuse for the Parsons covetuousnesse: the Parsons may say, your neighbours that were of the Jury gave them us. It were to be wished that Countreymen would be a little more cautions in this particular, and consider whether Tithes are due (unto those that demand them) either by the Law of [Page 70] God. or Nature: and if not, whether they have any right by the Law of God to give away one anothers goods (under the name of Tithes) unto those that have no right unto them; and so become as bad as a false witnesse against their neighbours. Prov. 24.28. The time was, before these Statutes were made, that if any Coun­trey man should have claim'd to judge or try Tithes by a Jury of Lay-men (as they were called) he should have been accounted as profane as Esau, as wicked as Nadab and Abihu, that offered with strange fire; and as rebellious as Corah, Dathan and Abiram: and if any man should have come to any Ecclesiasticall Court with such a Suit, that Tithes should have been tried by a Jury of Lay men, some hot spirit of the fiery triplicitie (we mean the Popes Eccle­siasticall fiery triplicity) of Bishops, Priests, and Deacons, he would have saluted him with such a benediction, as Elijah did the two Captains and their fifties: 2 King. 2.10. Let fire come down from heaven, and consume thee and thy fifty.

Obj. Every man buys his Land at such a rate, and takes it at such a Rent, that he may afford to pay Tithes out of it; he bought not the Tithes, nor took them: he knew before he bought the Land, or took it, that he must pay tithes out of it; he payed nothing for the Tithes.

Ans. THis Reason hath some shew of verity, but no truth at all in it; indeed it should be so: The Jews in their Judicials had such a Law, when any man sold his land, it was to return to him or his heirs at the yeer of Jubilee: Levit. 25.13, 14, 15, 16. Ac­cording to the multitude of yeers thou shalt encrease the price thereof, and according to the fewnesse of yeers thou shalt diminish the price of it: for ac­cording to the number of the yeers of the fruits doth he sell unto thee. By this it is evident, that the Jews were to set the price of their Land higher or lower, as the yeers were more or lesse to the yeer of Ju­bile; and that the Jews had a respect in their buying and selling of land unto the strength of their land, what fruit or increase it might bring forth, their stock of seed and other labour being de­ducted, and their Tithes also, for they were not to oppresse one another in buying or selling of Land. Levit. 25.14. And if this de­duction aforesaid had not been considered, and made in the price, [Page 71] they should have oppressed one another in buying and selling, for that was their own before, and not the fruit of the land. And that the Jews had such a Law of deducting their charges as is here spoken of, is confirmed by Josephus a learned Jew, who was well acquainted with the Laws and Customes of the Jews: he saith that the restitution of the land was after this manner. The yeer of Jubile being at hand, the seller and the buyer both meet toge­ther, and cast up an account of the profits and expences that had been reaped, and bestowed upon the Land: And if it be found that the profits do amount, he that sold the land re-possesseth it: but if the charge exceed the value of the profits, he restoreth the surplusage to the buyer, that is due to him, and retaineth the land to himself. And if the profits and expences are answerable one to the other, the restitution is made to him that had the ancient in­heritance. The like Law was for houses that were in Villages. Joseph. Judae. antiq. lib. 3. cap. 10. Here the Reader may observe, that there was an exact rule of Justice in the bargains of the Jewes; and if the buyer got any thing by his labour, it was his own: but he was not to be a looser; if he were, the seller was to make resti­tution: And there ought to be the like justice in selling and let­ting of land amongst us.

And we have a Law that Bakers shall make their bread greater or smaller, according as the price of a quarter of Wheat is more or lesse.

As by divers books of Assise, and Statutes made in severall Kings Reigns, it appears, and there is sufficient gain allowed for them, that they may live of their Calling or Trades. And the Sta­tute made in 2 Edw: 6. for Tradesmens paying of Tithes, provides that Tradesmen shall deduct their Stock and charges, and pay but the tenth of their clear gain; that so hereby the Tradesmans Stock may be preserved whole for his continuall maintenance: and there ought to be the like care taken of the Husbandman, that he may live of his Calling. In every orderly and good Com­mon-wealth, there ought to be a fatherly care taken to uphold every lawfull Calling, and every member thereof, if it were pos­sible, that they might provide for themselves and their families by their Callings. But there is no such Law, Custome, or Rule in this Land, that is binding to the seller or letter of Lan [...], but the [Page 72] seller may get what he can for his land; and divers times men do give more for Land, then they can let it for after the usuall terme of 21. yeers purchase; some give after the rate of 30. yeers pur­chase, and the Landlord may draw his Tenant to as great a rent as he can, without the consideration of Tithes, or other charges, that is to go out of the Land: And daily experience sheweth, that many griping landlords do take advantage upon the covetousnes simplicity, and necessities of the takers, and have drawn their Te­nants to greater Rents then they are able to pay, though they pay no Tithes, nor other charges out of the Land, but the Rent: neither can there be such a rule amongst us, before we buy or take the Land, for the buyer or taker of Land, to buy or take Land, that they may pay tithes out of the land bought or took; Nei­ther do we beleeve that any Landlords amongst us, will come to any such after reckoning with their Tenants as the Jews did with theirs, in their buying and selling (which was much like our ta­king of a Lease, and giving a summe of money before hand for a Fine for a Lease for a certain number of yeers) as to make satis­faction to the Tenant if in case he have lost by the Land in the terme of yeers. And that there can be no certain rule for the buyer or taker of Land to pay Tithes by (as aforesaid) will ma­nifestly appear by these two Reasons. As,

1. Although that the crop cometh from the earth, as it is the common Mother of all creatures; yet the ground bringeth not forth corn of it self; without mans help it is but as a barren heath, or an unfruitfull wildernesse, the crop principally depends (and ariseth) upon the stock or charge that the Husbandman layes out in the dressing and preparing of the land for the crop; and the more charge the Husbandman bestows upon the land, the greater the crop must be, or the greater will be the husbandmans losse: and the Tithe principally ariseth from the husbandmans stock or charge which he bestows on the crop, which is at the least foure or five times the rent of the land, or more; and it is uncer­tain what charge the husbandman shall bestow on the land for the crop; and the more charge the husbandman bestows on the ground, to make a plenty of corn in the land, for the good of the Common-wealth, the greater is the oppression of Tithes; because that the tenth of his stock or charge that he hath layed out in the [Page 73] crop, is taken from him, by taking the tenth of his crop yeerly under the name of Tithes.

2. Because the crop depends upon the seasonablenesse or un­seasonablenesse of the yeer, which no man can foresee, Eccle. 11.6. In the morning sowe thy seed, and in the evening withhold not thine hand: for thou knowest not whether shall prosper, either this or that, or whether they both shall be alike good. Some yeers are so unseasonable that the hus­bandmans crop is not worth his charges that he hath layed out in dressing and preparing of the land for the crop (by many de­grees) besides the Rent that he is to pay for the land. By an un­seasonable yeer, is not meant such a yeer that brings a dearth, or a famine on the Land; but every yeer proves unseasonable to some men or other in every County, nay to some men in every Parish in one degree or other; there is scarce any yeer so temperate, but it is unseasonable to most men in some part of their land, either in the [...]eed time, Winter, Spring, or Sommer: the reason of it is, because that God in his divine wisdom hath created the earth of severall natures, and qualities, and so mixed them together, that there is not any County in this Kingdom, but the land is of divers and contrary natures; nor is there almost any Farm, but the land differs in nature, and in divers Closses there are parcels of Land of different natures. To instance in a Closse of 10 Acres, some part of the Closse is a clay, the substance thereof is fast, and fit to retain water; and if the seed time Winter or Sommer prove cold, and wet, then the corn doth not prosper in that kinde of ground, and many times it bringeth not forth the seed again: and there is in that Closse some ground that is hot, and dry; and that kinde of ground is unfit to retain water: and if the seed time, Winter, Spring, or Sommer prove hot and dry, or cold and dry, then the corn doth not prove on that kinde of ground, and that doth not bring forth the seed again. And if that the corn doth prove upon one of those kinds of ground as well as can be expected, and fail upon the other, the husbandman will be a looser in that Closse; and it many times fals out, that half the husbandmans crop may fail in one kinde of grain or other: and there is scarce any yeer so seasonable, but some of his crop fails, on some kinde of ground or other. And this may be easily seen by any man that can but discern colours; if that he doth but cast his eyes upon the ground, [Page 74] he shall see ground of divers natures, and some corn better upon one parcell of ground then upon another, even in the same field of 10 Acres; yea in a Closse of two Acres ye may see the like. And by these Reasons, if well considered, a man may see that there can be no certain rule for a man to buy or take his land, that he may afford to pay Tithes out of it; And if the husbandman be a looser by his crop, the tenth of it being taken away makes him a greater looser.

The Husbandman payes nothing for his Tithes, so said an Im­propriator that thought himself wise. For Answer to this, we re­fer the Reader unto the latter part of our Demonstration of the Oppression of Tithes, pag. 36. where he shall finde the severall summes of money for every particular charge layed out in the crop of corn in a Farm of 100 li. by the yeer; and there the Reader shall finde, that the Husbandman layes out in the crop of corn the summe of 360 li. it may be the husbandman layes out more money then that aforesaid: And the Ministers and Impropriators take away the tenth of that 360 li. which comes unto 36 li. al­though that the Husbandman have no increase of his stock layed out in the crop of corn; for the Ministers and Impropriators take the tenth of the crop of corn wherein the 360 li. lyes. And so after that rate in any Farm of what value soever, either of 100 li. or 50 li. or 30 li. or 20 li. or 10 li. by the yeer. How then doth the hus­bandman pay nothing for his tithes, or tenth of his corn that is taken from him every yeer, let any man demonstrate if he can.

And further, if a man bought or took his land after any rate, that he might afford to pay Tithes out of it, then the Tithes should be as certain as the Rent every yeer, it could be but the tenth of the yeer Rent. As for example, a Farm 20 li. by the yeer, the tithes should be but 40 s. which is the tenth of the Rent; but the Tithes of a Farm of 20 li. rent by the yeer, will be worth 6. or 7 li. or more by the yeer, according to the greatnesse of the stock and labour that is layed out in the crop of corn in such a Farm. So that the tithes sometime upon some barren land is more worth then the rent of the land.

Again, if a man did take his land at such a rate that he might afford to pay tithes out of it every yeer, then the Husbandmans labour should be certain every yeer that he shall bestow in tilling [Page 75] of the land, and the crop should be certain every yeer, both in number of bushels, and in the price of corn, which is a thing not to be expected.

Object. Suppose that there be two parcels of Land equall in quantitie and qualitie, and one of those parcels of Land be tithe-free, and the other be charged with tithes; will not any man give more for that parcell of land that is tithe-free, then for the other that is charged with tithes, whether it be to buy, or rent the land?

Ans. YEa, one would think that it were reason that he should give more for that parcell of land that is tithe-free, then for the other charged with Tithes. But stay a little, and consider the reason why he gives more for the land that is tithe-free, then for the other that is charged with tithes. The reason is not be­cause the land in it self is any more worth then the other, but be­cause it is freed from Tithes; take away tithes from the other, and then the land will be equall, and then no man will give more for one of those parcels of Land than for the other. And here is to be noted an act of injustice, in the seller or letter of Land, by rea­son of the Tithes, for he sels his land at a great price, and lets it at a greater rent, then the land is worth in it self for a considerati­on, that is not in the thing sold, nor in sound reason can stand with the rules of Justice in selling or letting of land; for he makes the buyer or taker of Land to give a price for his own goods, that he shall lay out upon that land before he can make any use of it: and this is but a defrauding of our brother, 1 Thes. 4.6. That no man go beyond and defraud his brother in any matter, because that the Lord is the avenger of all such, as we also have forewarned you, and testified. This will not be accounted for justice before God, in selling or letting of Land, to take money for such a consideration, that is not in the nature of the thing sold or let; and he that hath the other parcell of land, that is charged with Tithes, cannot sell it for so much as the land is worth. To make this appear more fully, this similitude shall be used.

Suppose a Gentleman should lack a suit of cloaths, he goes to the Merchant taylor to buy a suit, and there he finds one that he likes, and it hath no buttons, nor books upon it, to make it usefull [Page 76] for him; and it is plain cloth without any trimming on it: but the Gentleman purposes to bestow 10 li. on it in gold lace, and buttons, and hooks no set upon the Suit to make it usefull for him, before he will wear it, if the Taylor should ask 10 li. more for the Suit then it was worth plain; because of the charge the gentle­man means to bestow upon it, after he had bought it: would not the Gentleman think the Taylor a very unreasonable man, and were not the Gentleman very unwise to give any more for the Suit for such a consideration? Even so it is with the Seller or Letter of the Land that is tithe-free, to make the buyer or taker to give a price for his own goods. And that for a man to take more money for the land (either to sell or let it) that is tithe-free, because it is tithe-free, be not to take money for that which is not in the land sold, or let, nor can stand with the rules of justice, or sound rea­son, in se [...]ling or letting of land, that is tithe-free; we refer the Reader to the latter part of our Demonstration of the Oppression of Tithes, pag. 36. where he shall finde the severall summes of mo­ney in every particular charge the Husbandman is at, in setting a crop of corn upon the land, of a Farm of 100 li. per annum, that he may make some use of the land, either for the money laid out in the purchase, or for to make the rent that he is to pay for the use of the land, that rents it: And there the Reader shall finde it to be 360 li. of which 360 li. 210 li. of it is of a mans own money layed out in the charge of plowing, dunging, seed, weeding, reap­ing, and other charge in the harvest, to make the corn ready to be carried into the Barn; or else a man can make no use of the land, although that the land be his own, he having bought it, and payed for it after the rate of of 20 yeers purchase; besides 150 li. for a yeer and a halfs rent at 20 yeers purchase as aforesaid: the tenth of all which doth amount unto 36 li. which is now unjustly taken for tithes, both from the owner of land, if he till the land himself, or from the Farmer that rents the land.

The Impropriator hath bought the Tithes, and his estate lyes in Tithes, would you undo him?

THe Impropriator should have taken more heed in his buying; why did he lay out his money on such a purchase? he bought [Page 77] an uncertain thing, and at a lowe price; it was meer covetousnes that made him to lay out his money on such a bargain: he payed no more for it then one would give for a Fine for a Lease of 21. yeers (or it may be not so much, some have bought under) that the land might return again to the right owner. He hath had his money that he layed out for the purchase double and treb e. If any man buy Land of one that hath no right to sell it, the right Heir may sue for it, and by our Law he shall recover the land; and if he that bought such a purchase will have any recompence, he must have it of him that he bought it of. By the morall Law of God, and the Law of Nature, we have a right to that part of our goods, that is taken from us under the name of Tithes, as well as to the other nine parts of our goods, as they are the labour of our hands, and our proper goods; our bellies require them at our hands: Eccl. 6.7. Prov. 16.16. And if that we should not sue for them, we should be injurious to our selves, and to our posteritie; and guilty of self-murther, and robbery: For he that takes away my livelyhood, takes away my life; and he that takes away my goods, and gives me no consideration, or not of equall value for them, robs me; yea if that we should not sue for them at this time, the very stones in the fields would rise up against us, and condemne us for fools, and perjured men. Is there no yeer of Ju­bile for us, that our naturall inheritance, the labour of our hands, should r [...]turn to us again? or are our eares boared, that we and our children should be slaves to the Impropriator and his chil­dren for ever? The Impropriator is afraid of undoing; but how many hath he undone already, and he cares not how many he undoes hereafter.

The case stands thus: A poore man that hath a wife, and five or six small children, and hath nothing but his labour of his hands instead of lands to maintain himself, and his family, he takes a cottage with three or foure Acres (or more) of Land unto it, to provide bread for himself and his family; and by his labour he makes a hard shift to get a little money to pay the Plowman for plowing of this land three or foure times before it be sowed with Wheat; and payes two yeers rent for this land, and buyes, or it may be borrows seed to sowe this one Acre (of wheat) and bestows weeding of it, and three or foure shillings to cut and make [Page 78] it ready to carry into the Barn; then comes the Impropriator, and takes away the tenth of the crop from the poore man, that he had more need give unto; and this Impropriator is, it may be, a gen­tleman, a Knight, or a Lord of 500. 1000. or 5000 li. per annum, of free land; and the poore man before the yeer goes about, wants that bread for his children: and so it is with many poore Farmers that have 40 or 50 li. stock left them by their friends, or gotten by their labour; and it may be they borrow 100 li. more, and pay 8 li. for the use of it; and they imploy it and their own stock in til­lage, because they have none other calling to live by: and the tenth of that which they borrow, and the tenth of their own stock and yeers labour, is taken from them every yeer under the name of Tithes. And many such like instances of cruelty done to poore men in this case of Tithes might be brought, but a man may know the bignesse of a Lyon by his paw. And whether it be more reason that the superfluitie of some few men, that take away poore mens goods by pretence of right under the name of Impro­priation of rithes, should be abated; or the whole Kingdom groan under this burthen of Tithes, we leave to all judicious men, and all other men that have any reason to judge. Solomon saith, Prov. 22.16. He that oppresseth the poore to increase his riches, and he that gi­veth to the rich shall surely come to want.

The like Objection was made by some when the Bishops were a putting down, the High Commission Court, & all other Courts belonging to the Bishops, and also in putting down the Court of Star-Chamber, saying, that if you put down Bishops, and all their Courts, then many hundred of families will want bread, they ha­ving no other way nor means to live by but their Offices in these Courts; and many have layed out great summes of money in buying of Offices for their lives in the Star-Chamber, High Com­mission, and other Courts, shall they loose their money and their livelyhood? And yet for all this, the justice of the Parliament was such, that finding the Bishops, and those Courts aforenamed, to be burthensome to the people, they have put them down without giving any satisfaction (as is known to us) to those Officers that depended upon those Courts, for the money that they layed out for their lives for those Offices. There is lesse reason that the Im­propriator should have any satisfaction for his money that he [Page 79] hath layed out for Tithes, then for those Officers; for whilest that those Courts stood, there was need of those Officers to do busi­nesse for men that had Suits in those Courts: but there is no such need of the Impropriator in the Common-wealth.

And further, the Impropriator takes away mens goods by com­pulsion, without giving any consideration for them of whom he took them: those Officers did something for those men that had Suits in those Courts for the money that they took of them un­der the name of Fees; but the Impropriator neither does nor gives any thing, for those goods they take away under the name of Tithes: and it may be those Officers were brought up in those Courts from their youth, and had spent all their time in studying the Laws and Orders belonging to those Courts. And therefore they bought those Offices because they would not be deprived of them, and at others pleasures, and so loose all their time and labour. There was no such reason, nor ingagement, to move the Impropriator to lay out his money for Tithes, but meer covetous­nesse, to live easily upon other mens labours; for he might have layed out his money on some other purchase: And therfore there is no injustice done to the Impropriators if Tithes be taken from them (although they have bought them) who have a long time enjoyed them to their inriching, and undoing of the right owners of them. But there is justice done in restoring of Tithes to the right owners, that lay out their money and labour for the crop.

Object. Tithes being dedicated unto superstitious uses, when King Hen: 8. suppressed Abbeys, and those Orders of superstitious persons, that lived in them; He took the Abbeys, and the Land belonging to them, and Tithes, as things confiscate unto himself, and confirmed them by Act of Parliament.

Ans. THe question is not what H: 8. did, but whether he ought to do so, or not: though that it was his duty to put down superstition, and idolatry, and take the Abbeys and Houses, those cages of unclean birds, and the lands belonging unto them, wherein those superstitious persons had a common right; the so­cieties being dissolved, there was no use of those Houses and lands for them, and so no harm done to any other person, he might take [Page 80] those lands and houses to himself, if it might stand with his Ho­nour, or having made them passe through the fire of Gods Word, and triall of the truth, He might have bestowed those Houses and Lands on some pious use; As Moses Law was, that the Israelites should make those metals of gold, and silver, brasse, iron, tinne, and lead, that they were to receive of the Heathen, to passe tho­row the fire, before they were fit for holy use: Numb. 31.33. Or He might have bestowed them on some publique use, for the good of the people; many of those Lands at first coming from the people, and so the people in generall had a right in them. Now what was the true cause that made the King and Parliament to suppresse Abbeys, whether true piety, or policy, is not known; neither will we take upon us to judge: some of the wiser sort of men think it was meer policy, the better to strengthen himself against the Pope, whose Authority he had cast off, and set himself in his Throne, and taken the Popes Revenues of first fruits and tenths to himself. But for Hen: 8. to take Tithes, wherein particular men have interest, and whose proper goods they are, and who have continuall need of them to sustain themselves and their families, to enrich himself (or any of his Favourites) with other mens goods under the name of confiscation, without giving a conside­ration for them, to those he continually took them of, stands not with that justice of a King and Parliament which God requires in them. Micah 3.1. And I said, Hear, I pray you, O heads of Jacob, and ye princes of the house of Israel: is it not for you to know judgement? And Deut. 16.18, 19, 20. Judges and officers shalt thou make thee in all thy gates which the Lord thy God giveth thee throughout thy tribes: and they shall judge the people with just judgement. Thou shalt not wrest judgement, thou shalt not respect persons, neither take a gift: for a gift doth blinde the eyes of the wise, and pervert the words of the righteous. That which is al­together just shalt thou follow. And Isa. 10.1. Wo unto them that decree unrighteous decrees, and that write grievousnesse which they have prescri­bed. And for H. 8. to continue the name and thing dedicated un­to superstitious use, stands not with the rule of Gods Word, for the suppression of superstition and idolatry. Exod. 23.13. So Deut. 12.3. And you shall overthrow their altars, and break their pillars, and burn their groves with fire, and you shall hew down the graven images of their gods, and destroy the names of them out of that place. And for H. 8. [Page 81] to continue the name and thing dedicate unto superstitious use, and commanding it of the people to be given to himself, stands not with the example of any of the good Kings, or other Worthies in Scripture, that reformed Superstition and Idolatry. Why might not Moses have confiscate to himself the golden Calf that Aaron had made? Exod. 32.8. it might have been a rich prize for him, it being made of the gold ear-rings of all the Israelites, their wives and children: Exod. 32.2, 3. which were 600000. men on foot, besides women: Exod. 12.37. Or why might not King Josiah, when he reformed the superstition that was in the Church of the Jews, spoken of, Judg. 27. have onely cashiered the Idolatrous Priests, and confiscate to his own use their altars and groves, under whose shadow the Altars were built, with the parcels of ground upon which those Altars and Groves stood; and he and his Synedrion have enacted that the people should pay their sacrifices, oblations and offerings unto those places, as they had accustomed to do for fourty yeers before, or so long a time that might have made up a prescription against the people, and have sold or given them to some of his Favourites? or he and his Synedrion, or high Court of Parliament, have divided them amongst themselves; Might it not have been a goodly revenue for some of them, or at the least a great increase of their estates? And if the people would not pay there accustomed sacrifices, oblations, and offerings to these men that he and his Synedrion had given them unto, then to have made another Act in this or the like form.

Forasmuch as men neglect their duty unto Almighty God, and our Soveraign Lord the King, in these times more then hereto­fore, in not paying their sacrifices, oblations, and offerings; and forasmuch as Lay men have right to sacrifice, oblations, and offerings, and have no right to sue for them by the Law of the Priests; and forasmuch as Lay men cannot sue for sacrifi­ces, oblations, and offerings by the Judiciall or Common Law of the Land; therefore be it enacted, that whosoever doth not truly pay sacrifices, oblations, and offerings, according to the laudable custome of those places, shall pay treble damages; and Lay men shall sue for sacrifices, oblations, and offerings by the Leviticall or Ecclesiasticall Law in their Courts, and before their Judges, and not elsewhere. Was it not a Law of confiscation that [Page 82] Saul made, when God sent him to destroy the Idolatrous Amale­kites, 1 Sam. 15.9. But Saul and the people spared Agag, and the best of the sheep, and of the oxen, and of the fatlings, and the lambes, and all that was good, and would not utterly destroy them but every thing that was vile and refuse, that they destroyed utterly. And Saul would have made Samuel beleeve, that this Law of confiscation was good: v. 13. And Samuel came to Saul, and Saul said unto him, Blessed be thou of the Lord: I have performed the commandment of the Lord. And Samuel said, What meaneth then this bleating of the sheep in mine eares, and the lowing of the oxen which I hear? And Saul said, They have brought them from the Amalekites: for the people spared the best of the sheep, and of the oxen, to sacrifice unto the Lord thy God, and the rest we have utterly destroyed. There cannot be so much said for our confiscation of Tithes, that they are sacrifices for the Lord, or bestowed upon some pious use: but ver: 19. Samuel said unto Saul, that he had turned to the prey, and done wickedly in the sight of the Lord.

It had been more Honourable for Hen: 8. and that Parliament, to have done to his people as Abraham did to Lot, and to the kings of Sodom and Gomorrah, after that he had recovered the goods from those kings that had carried them away; Abraham restored every man his goods again, Gen. 14.16. lest it should have been said, that they had made Abraham rich. v. 23. Or if that he had took of their goods, it might have been said, that Abraham took that pains that he did for his own ends. So H. 8. might have ta­ken his own lands, if any of those lands were taken from the Crown, and given to that superstitious use; and given every man their Land and Tithes again. Now see what Moses a faithfull servant of the Lord did, he suppressed Idolatry, and demolished the monument thereof the golden calf: and he being a just man to the people, would not take any of that gold, that was dedica­ted unto superstitious uses; but gave every man his gold again by beating it to powder, and strewing it on the water. It may be that that was one reason why he beat it to powder, and strewed it on the water, and made the Israelites to drink of the water. So if H. 8 had made every man to drink his own golden Tithes a­gain (we mean restored them, that were dedicated to superstiti­ous uses) it had been a cordiall physick to have cured the malady of Superstition, and more agreeable unto the example of Moses, and good King Josiah.

This Law of Confiscation and Impropriation of Tithes, is ad­judged by godly and wise men, that have well considered on it, to be but a meer machivilian wile, a trick, or sophisme and my­stery of State, to beguil the vulgar of their goods: For this law of Confiscation and Impropriation of Tithes, under the name of things dedicated unto superstitious use, is contrary to the rules of Gods Word, for the suppression of superstition and idolatry, as hath been proved out of Exod. 23.13. Deut. 12.3. they were to a­bolish the name and thing dedicated unto superstitious use. And likewise it is contrary to the example of the worthy Governors, and good Kings amongst the Jews, that suppressed superstition and idolatry; as it hath likewise been proved from the example of Moses, Exod. 32.8. and from the example of good King Josiah: 2 King. 27. that never took an advantage by the peoples super­stition to make a prey upon their goods, although that they might have had more colour for it, then King H. 8. and the Par­liament had.

So also it is contrary to the rules of Justice: for confiscation or forfeiture, is a punishment for the breach of some precedent law. Now where there is no Law, there is no transgression, saith Paul, Rom. 4.15. There was no Law in this Kingdom that forbid men to pay their Tithes unto those persons called Religious, that lived in Abbeys and Nunneries, upon pain of forfeiture; nor no Law forbidding them to receive such gifts upon pain of forfeiture; and therefore men could not forfeit that part of their goods, that they gave by way of alms (as Tithes were so given and esteemed) yeer­ly under the name of Tithes, for the maintenance of those per­sons called Religious; nor they could not forfeit their right to them if they had any in them: And the King could not seize upon mens goods and labour without some just title, some forfeiture upon a penall Law, or a condition enfringed, as Mr. Prynne hath sufficiently proved in his Humble Remonstrance against the tax of Ship-money, pag. 7. But the people were commanded, and it was accounted in those times a pious and charitable deed in those men that gave such a portion of their goods and labour for an alms (yeerly under the name of Tithes) unto those persons called Religious, that lived in Abbeys and Nunneries, which had none other maintenance to live upon, nor might seek to get any for [Page 84] themselves, because, as the people supposed, those religious per­sons were to spend their time in holy prayers, for the Souls health and good of the people: and the people thought that their pray­ers were a sufficient reward for that part of their goods that they gave by way of alms (as aforesaid) unto those persons called Religious.

And if King Hen: and that Parliament that suppressed Abbeys and Nunneries thought that the end was good, for which men were commanded, and did give that portion of their goods yeer­ly (by way of alms) under the name of Tithes, and that the peo­ple had some good by the prayers of those persons called Religi­ous; Then that Parliament did evill in taki [...]g away the good end from the people, by which they had benefit; and to continue the burthen upon the people: What could have been more injurious to the people, and contrary to the rules of Justice and sound rea­son? And if that King and Parliament thought that the end for which men gave that portion of their goods (for an alms to those persons called Religious) yeerly under the name of Tithes was evill (as indeed it was) then that King and Parliaments duty was, to have suppressed those dens of theeves, that robbed the people of their goods, under the name of Alms or Tithes given to those persons called Religious, and have taught the people how to have bestowed their goods better; and not to have made a prey upon the peoples superstition as they did. The people had little cause to thank that King and Parliament for that Act of suppres­sing Abbeys and Nunneries (in respect of the burthen that lay up­on the people to maintain them) for it was all one to the people to maintain those swarms of idle drones with their goods and la­bour, as to maintain the Impropriator.

These things being well considered, what is this Law of Con­fiscation and Impropriation of Tithes, but (as was said before) a Machivilian wile, or sophisme and mystery of State; there being no forfeiture, nor any just title for the King and Parliament to seise upon the moveable goods, and labours of the people; nor any ground in sound reason, to make a Law or Statute to settle that burthen upon us, that our fathers in time of ignorance, and blinde superstition, had burthened themselves with. We concei­ved that a gift given (arising out of any mans land) to pious or [Page 85] charitable use, the end failing or being taken away, the gift by our Law ought to return to the donor, or his heirs, or to him that hath the right in the land from them by purchase. And this is agreeable to the like Law of God, Levit. 27.22. If any man dedi­cate a field unto the Lord, it was to return to the owner at the yeer of Jubile. And a gift given to superstitious uses, the end fail­ing or being taken away, there is the same reason, or as good, that the gift should return to the donor, or his heirs: and this is agreeable to the example and practise of all the good Kings, and Reformers of Superstition, recorded in the Word of God. We con­clude this with that of the Prophet Isaiah, Chap. 29. v. 15. Wo unto them that seek deep to hide their counsell from the Lord, and their works are in the dark, and they say, Who seeth us? and who knoweth us? And v. 16. Surely your turning of things upside down shall be esteemed as the potters clay.

Object. But suppose that a m [...]n have an ill Title to lands or goods, he that hath the right title to them can make the others good: So though that the Title of Impropriation of Tithes was not good in the beginning; yet the King and Parliament, who is the representative Body of the Kingdom, can make the ill Title of the Impropriation of Tithes good; and we are to look to the Acts of Parliament that have confirmed that estate as the Acts of the whole Kingdom.

Ans. THis reason is not sound: for although that it be true that he that hath an ill Title to land or goods, may have his ill Title made good by him that hath the right title, yet it doth not follow, that the King and Parliament, who is the represen­tative Body of the Kingdom, have the same right unto particular mens lands, goods, and labours as they themselves please, nor as particular men can themselves. And this the Kings Majestie in His Answer to the Declaration, Votes, and Orders of assistance of both Houses of Parliament, concerning the Magazine of Hull, set forth May the 4. 1642. confesseth, as the Reader thereof may per­ceive; and the Parliament in their 3d. Remonstrance set forth May 26. 1642. confesseth, that if this principle should be granted, that it would pull up by the root the liberty and interest of every Subject.

And for the better understanding of this point, that every one may understand what right he hath in his lands, goods, and la­bours, and what right the King and Parliament have in them; and how particular mens rights unto their lands, goods and labours, and the King and Parliaments right to them differ, which is by distinguishing of right. 1. There is a naturall: 2. there is a civill: 3. a right of trust. Every one hath a naturall right unto the goods lawfully gotten by the labour of his hands, or by descent from his naturall parents, or ancestors: for who shall enjoy the goods gotten by the labour of a mans own hands, or other lawfull means, but himself? and who shall enjoy the goods gotten by a mans naturall parents, or other ancestors, but he that proceedeth out of his loins, or interest of blood? As, Prov. 10.14. Yea, a man may have a naturall right unto a field, by cutting up the bryars or bushes, and digging of it, and making of it fit for mans use; and unto a Cave by digging of it; or unto a house by building of it; as in the first Plantation of Countreys. And thus Ephron the Hit­tite might have right unto the field and cave that Abraham desi­red to buy of him, Gen. 23.9. So likewise a man hath a civill right unto lands, caves, and houses, by way of gift: and so Abraham might have had right unto the field and cave of Ephron, Gen 23.11. Nay my Lord, hear me: the field give I thee, and the cave that is there­in, I give it thee. And also a man may have a civill right by pur­chase; and so Abraham had right to the field, cave, and trees of Ephron, Gen. 23.16. And Abraham weighed to Ephron the silver, &c. and ver. 17. the field, cave, and trees were made sure to Abraham. These rights men had unto lands, caves, houses and goods, be­fore they were any Kings or Parliaments: Kings and Parliaments were appointed by God and the people, to make Laws for the pre­servation of these rights, and not to take them away from those that have them. The King and Parliament, or representative Body of any Nation, or people, hath no such right unto the houses, lands, goods, and labours, as particular men that labour­ed for them, or had them by descent from their naturall parents, or other ancestors, or friends, or had them given unto them, or bought them with their own money. We have right unto our houses, lands, and goods some of these wayes: And we have a naturall right unto our goods gotten by the daily labour of our [Page 87] hands; and so we have right unto our crop of corn, as it is the fruit that ariseth from our proper stock of money and yeers la­bour, for the preservation of our naturall lives, which neither King nor Parliament can take from us (unlesse by violence) under any pretence whatsoever, without a good consideration for them. No Nation or people that were wel in their wits, and knew their own rights, and duty to God, ever gave unto their Kings, Parlia­ments, or representative Bodies, such a right as themselves have in their houses, lands, goods and labours, to dispose of them as particular men can; neither may any Nation or people give any such right and power (by free consent) unto their King, Parlia­ment, or representative Body, to dispose of themselves, their houses, lands, goods, liberties, and labours, at their Kings, Par­liaments, or representative Bodies pleasure: the reason is, because men (though free) are not free Lords of themselves, their own estates, liberties, lives, labours, goods, lands, and houses, but one­ly stewards under God; and therefore they may not give their free consent unto any Magistrate, their Parliament, or representative Body, any such power as large as they please, for to dispose of their estates, persons, liberties, lives, goods, and labour, as their Parliament, or representative Body please; but as God will, who is the soveraign Lord of all: His Word is a rule of righteousnesse or justice to our neighbours, and our selves, as well as holinesse to God himself. And therefore neither the people may give consent, nor the Magistrate, Parliament, on representative Body of any people or Nation, take power of themselves to dispose of parti­cular mens liberties, bodies, lives, houses, lands, goods, and la­bour (who have by their voices chose the Magistrate, Parliament, or representative body, and intrusted them to make Laws for them) as they please. And this is confirmed out of 1 Sam. 8. from the fact of the Jews, that disliked the government of Joel and Abiah (the sons of Samuel, whom Samuel, by Gods appointment, had set over the people to be their Judges) because they did not rule according to the rules of righteousnesse or justice, as it ap­pears, v. 3, 4, 5. And his sons walked not in his wayes, but turned aside after lucre, and took bribes, and perverted judgement. Then all the elders of Israel gathered themselves together, and came to Samuel unto Ramah. And said unto him, Behold, thou art old, and thy sons walk not in thy [Page 88] wayes: now make us a king to judge us like all the nations. This act of the Elders of Israel, in that they went unto Samuel the Prophet of God, to complain of the evill government of his sons was good, if they had stayed there, and humbled themselves under the hand of God, who had (no doubt) given them such evill Judges to pu­nish them for their sins: But in that they desired a King like the heathen Nations about them; not but that the government of a people by Kings was, and is good: for if it had not been good and lawfull, then God would not have granted to them their de­sire to have a King. But because they rejected that form of govern­ment by Judges, that God had set over them by his Prophet Sa­muel, and therefore God was displeased with the Elders of Israel, as it appears, v. 7. And the Lord said unto Samuel, Hearken unto the voice of the people in all that they s [...]y unto thee: for they have not rejected thee, but they have rejected me, that I should not reigne over them. And therefore God in his anger granted them their desire, and in his wrath gave them evill Kings, like those heathen kings of the Na­tions about them: And therefore God commanded his Prophet Samuel to tell the people what a choice they had made, to choose such kings as the heathen kings were, whose wils were a law, and not the rules of righteousnes or justice, according to Gods Word: as it appears, v. 9. Now therefore hearken unto their voice: howbeit, yet protest solemnly unto them, and shew them the manner of the king that shall reigne over them. 10 And Samuel told all the words of the Lord unto the people, that asked of him a king. 11 And he said, This will be the manner of the king that shall reigne over you: He will take your sons, and appoint them for himself, for his chariots, and to be his horsemen, and some shall run before his chariots. 12 And he will appoint him captains over thousands, and captains over fifties, and will set them to eare his ground, and to reap his harvest, and to make his instruments of war, and instruments of his cha­riots. 13 And he will take your daughters to be confectionaries, and to be cooks, and to be bakers. 14 And he will take your fields, and your vine­yards, and your olive-yards, even the best of them, and give them to his ser­vants. 15 And he will take the tenth of your seed, and of your vineyards, and give to his [...]fficers, and to his servants. 16 And he will take your men-servants, and your maid-servants, and your goodliest young men, and your asses, and put them to his work. 17 He will take the tenth of your sheep, and ye shall be his servants. 18 And ye shall cry out in that day, because of [Page 89] your king which ye shall have chosen you; and the Lord will not hear you in that day. This Scripture here set down, doth not shew that Magi­strates, as Kings, or Parliaments, may take power of themselves to dispose of mens estates, liberties, persons, goods and labours as they please, as it seems the heathen kings about the Jews did. But it is to our purpose, and proves directly that Magistrates (whether they be Kings, or Parliaments, or any representative body of any peo­ple) may not take power to themselves, to dispose of particular mens estates, liberties, persons, goods and labour, as they themselves please: but as God will according to the rules of righteousnesse or justice set down in his Word. And that no people or nation may gi [...] any such power to their Magistrates (whether they be Kings, Parliaments, or representative Bodies of any Nations) to dispose of their estates, liberties, persons, goods, nor labours, but as God will as aforesaid, is proved out of v. 7. from Gods dislike that the people would put themselves to be governed by such Kings that did rule over their people after that manner as aforesaid.

And although the Parliament be the representative Body of this Kingdom, and so the orderly supreme Judicature of the Kingdom; we say order [...]y Judicature, because if all the Freeholders, & other Freemen of this Kingdom, could meet in an Assembly (to vote in making and repealing of Laws) without confusion and disorder, then there would be no need of chusing men to be Substitutes or Trustees for such a Judicature as the Parliament is: The power of making and judging of Law fit to be made for the good of the peo­ple, & the power of repealing Laws, being originally in the people; the which right the people do not (in all cases) dis-invest themselves of, by their election of Members for the Parliament. And therefore the Parliament hath a superior Judge: as 1. God: 2. the whole King­dom, that chose the Parliament; as the Creator is above the crea­ture; the cause above the effect, the Master above the servant. The Parliamentmen are but the Kingdoms Servants, and by the known Laws of the Land ought to receive the Kingdoms wages, and that is (as Mr. Tho: Powell saith in his Book, called, The Atturneys Aca­demy) for every Knight of any Shire to have 13 s. 4 d. by the day; Burgesses, and Barons of the Cinque-ports 10 s. by the day: The Knights wages is to be levyed by a Writ from the Parlia­ment, directed to the Sheriffe of every County, and the Sheriffe or Under-sheriffe of the County [...]s to make Proclamation in the next County Court, that every the Coroners, and chief Consta­bles [Page 90] of the Peace, and Bayliffes of the Hundred, and any others that will be there to asseasse the Knights wages upon every Town and Village in the County, Anno vicesimo sertio Henrici sexti, cap. 11. The Writ for the Barons of the Ports, is directed to the Wardens: The Writ for the Burgesses, is directed to the chief Magistrates of the City, or Town Corporate, for which they are Burgesses.

And although that those Laws that the Parliaments have made, or shall make, be called the Laws of the Land, yet there are superiour Laws by which their Laws are to be made: viz. by the Law of God and nature; and by these Laws mans laws ought to be made, because the Authority of God is in them; and all laws (though they be the Acts of Parliaments, or representative Bodies of any Kingdom) that are contrary to the equity and ju­stice of the Morall Law of God, and the law of Nature, or sound naturall Reason, and confirmed (to be so) by experience gather­ed by Argument, and demonstration of sound Reason, drawn from the event of those things that those Laws command; such laws are no laws; and if forced, they are compulsions, laws of will, like the laws of the beasts, not of reason like the law of God or Man. We will instance in some few particular laws of this na­ture. As first, suppose the Parliament should make a Law that they might take away any particular mans houses and lands, that he hath had by descent from his naturall parence, or by lawfull purchase of any other men, and take it to themselves, or give it to another man whom they please; or if they should make a law that they might take away any particular mans moveable goods, or labour, and give it unto another man whom they please, or create an estate of inheritance, arising out of any one, or many particular mens moveable goods and labour, layed out and bestowed in their Trades that they have to live by, and gave every yeer what portion the Parliament please to another and his heirs for ever out of any particular Trades whatsoever, and so make all men of one Trade, and their heirs, slaves to some one man and his heirs for ever. This were contrary to the Parlia­ments own principles, which is, that they are to make Laws for the peoples weal in generall; but this would be to make laws for one mans weal, and many mens wo. The people in choosing of [Page 91] Members for the Parliament, did never give away their right of judging of the lawfulnesse, or unlawfulnesse of such laws, nor give power to their Parliament to make any such laws that are without doubt unlawfull, both by the law of God and Nature.

This estate of inheritance (so called) of Impropriation of tithes, ariseth out of the Husbandmans stock or moveable goods, that he layes out in his crop of corn every yeer, and out of all his whole yeers labour that he hath bestowed upon the land, in pre­paring it for the crop of corn; for the Impropriator takes the tenth of all the crop wherein the Husbandmans stock and yeers labour lyes, although that the husbandmans stock increase ne­ver a peny; nay, although the Husbandman loose half his stock, yet the Impropriator takes the tenth of the remainder: And so all Husbandmen and their heirs are made slaves to the Impro­priator and his heirs. Yea worse slaves, than the slaves were amongst the Jews, or the slaves that were sometime in this King­dom; for then the Lord had but the labour of his slave, and for that he was to finde his slave meat, drink, cloaths, and lodging, fit for an humane creature; But the Impropriator takes away the tenth of the Husbandmans stock and labour every yeer, and gives the husbandman no consideration for the tenth of his stock and labour.

And in those Nations where the supreme Magistrate takes away mens goods, if they see any grow rich; the people in that respect are no more slaves then we are: for our goods are taken away every yeer from us, that we can neither grow rich, nor yet live comfortably; the tenth of our stock and yeers labour being taken from us yeerly under the name of Tithes.

Yea, never any Machivilian, or cruell State Politician (that holds that damnable principle, of keeping the people upon their knees, so lowe, that if they can but creep, it is no matter whe­ther they can go:) could never have devised a more effectuall way, and under a more specious shew, to effect such a designe to beguile the people of their goods and labour, then is this Law of Tithes, and the law of Confiscation, and Impropriation of Tithes.

And if this Parliament should confi [...]cate and Impropriate all the Rectories or Parsonage-houses, and gleabe-land belonging [Page 92] to them, that are in the Clergies hands, and give or sell them un­to some Lay-men, and hook in the Tithes with it as things be­longing to the Rectory; as Abbey lands, and some Rectories or Parsonages with the Tithes belonging to them, were in Hen: 8. time in that Reformation, we shall work our selves by our Refor­mation out of one slavery into another, and be as compleat slaves as ever we were under Popish tyranny, and in lesse possibilitie to get out of our Aegyptian bondage then we were before.

The third kinde of right is a right of trust, that a steward or a servant hath in his Lords or Masters goods, or Feoffes in trust: And indeed such a right of trust the Parliament hath (in our lands, goods and labour) committed unto them (by those that choose them to be a Parliament) to dispose of part of particular mens houses, lands, goods and labour for the publick good of the whole Kingdom, as in this or the like time of publick danger of Enemies at home and abroad, as the Parliament have decla­red we were in of late. And in this case the Parliament have a right to grant Subsidies, and the like taxes for the good of the King and Kingdom, as Mr. Thomas Smith saith in his Common-wealth of England: And the Parliament hath a right to pre­serve the lives, goods, and liberties of the people, as all Trustees ought to do for the good of those that have committed their trust to them: And such a right we beleeve no reasonable man will deny the Parliament to have in our lands, goods, and la­bours.

We are to look to Statutes or Acts of Parliaments no further then they stand with the rules of Justice and Equitie, contained in the Morall Law of God and Nature, or sound naturall reason, and that for foure Reasons.

1 First, because the Morall Law of God, and the law of Nature or sound naturall Reason, are the rules (as aforesaid) by which all Acts or Statutes of Parliament are to be made.

2 Secondly, because the people that choose the Members of the Parliament, did intend that they should make such Laws that should be agreeable to those Laws aforesaid for every honest mans weal, and not for their wo.

3 Thirdly, because Acts of Parliaments are Acts of men, not Oracles from Heaven. A Parliament, as well as a Councell, may [Page 93] be led by wrong principles, and so erre, and make Laws, Acts, or Statutes that are unjust.

Fourthly, Acts of Parliaments are not like the Laws of the 4 Medes and Persians that never alter; the same Power that made such an Act can repeal it again; and the Parliament is bound to do it. For if the King have no negative voice in passing Bills of common equitie end justice, as Mr. Prinne hath proved in his So­veraigne power of Parliament, the second part, pag. 73, 74 so nei­ther hath the Parliament any negative power in not repealing of such Laws as the people find by experience to be burthensome unto them: for the Parliament hath no other kinde of power over the people then the King hath, namely, but to Act for the peoples good, and not for their hurt; for the peoples weal, and not for their wo: and if the Parliament should refuse to repeal old laws and customes, that the people find by experience, and can prove by argument and demonstration of sound reason that they are oppression, then the Parliament should Act for the peo­ples hurt, and not for their good; yea it were directly against the Law of God, if the Parliament should refuse to repeal such old laws and customes that are found to be oppression as aforesaid. And it is one principall or the chief end of calling of a Parlia­ment, to repeal old Laws that are found to be burthensome, and oppression to the generalitie of the people; and to make others that are more just and equall. And we could bring many Sta­tutes for instances, to prove that it hath been the continuall pra­ctise of Parliaments to take away old customes that have been found by experience to be burthensome to the people, but one or two shall serve at this time. First, by a Statute made in 21 H. 8. the custome of taking the best live goods that a man had for a Mortuary or Corse present, was taken away, and brought to a certain summe of money, according to the quantitie of goods that a man had; and if the goods did not amount unto a certain summe of money set down in that Statute, then there was no Mortuary to be payed. And this Parliament have put down the function of Bishops, with all their exorbitant Courts, and other exorbitant Courts, established by Law, as the High Commission, and the Star-Chamber; and they have put down the Court of Wards, with all tenure in capite.

And as the Parliament is not to continue any old Laws or Sta­tutes that are found to be burthensome to the people; So neither are the people to observe those Laws that they finde by experi­ence, to be burthensome unto them, after they have a Parliament sitting: But are bound both by the Law of God and Nature, to use all lawfull means either by Petition, or by preferring a Bill to their Parli [...]ment, requiring them to repeal such Laws, and Custome that they finde to be burthensome, as aforesaid.

And therefore if any men have so built their faith upon Acts of Parliament without any consideration, whether those Sta­tutes o [...] Acts of Parliament are agreeable unto the justice of the Morall Law of God, and the law of Nature: and have bought such an estate as the Parliament had no right to create (out of the moveable goods and labour of other men) neither by the Law of God or Nature, nor trust reposed in them by those that chose them: Those men must be content to sit down by the losses as other men do, which buy lands and other goods of those that have no right to sell them, and learn to be wiser next time.

And because that every Statute Law or Act of Parliament doth or should contain in it, a reason why such Statute Law or Act of Parliament is just and necessarie: for Statute Laws, or Acts of Parliament ought to be constituted by Argument and Demon­stration of sound Reason, proving wherefore it is necessarie and just, that there should be such a Law, Statute or Act: we have here set down the preambles of the Statutes made in the 27. and 32. of Hen: 8. and in the Statute of 2 Edw: 6. for the Impropri­ation of Tithes; because the preambles of those Statutes contain in them all the reason of the said Statutes; that so the judicious and diligent Reader may perceive, by what principles those Par­liaments were led, and what strong Arguments and sound Rea­sons those Parliaments had to create this estate of inheritance of Impropriation of Tithes, arising out of the Husbandmans stock and labour, that he layes out in his crop of corn every yeer in his Trade of husbandry, and giving it to men called Impro­priators: And also we have set down all the choice matter con­taine in those Statutes for the information of those men that have not the Statutes by them.