RESPUBLICA DE DECIMIS.  
WRITTEN BY Sir William Cockburne of LANGTOUN Knight.  
EDINBURGH, Printed by john Wreittoun Anno Domini 1627.   

To the right honourable and my noble parts, My LORDS COMMISSIONERS apppointed for reformation of divers abuses, and first of Tithes.  
REason, by reason of some secret surmising (believed by the weaker minds, and fostered by the more particularie inclined) that no reformation annent that matter of Tithes is intended, hath employed me (as one, whose interest it principally or rather only concerns,) Faithfully to report unto your LL. the true mind of every several part of my composition: as I have received it from him my over Lord director and resumer of every particular thought, not only of every particular party in this business, but even of every particular person in whatsoever business hath potentia truly to think. But if any man be curious to see my procuratory, let him search the hollow of his own breast, there shall he find it.   


THE MIND OF THE KING MY HEAD.  
Our gracious Sovereign aims nowise to prejudge any man's right, nor to urge any man further than what he is tied unto by Law: But only out of his princely care, of my benefit intends a reformation of all abuses, and first of Tithes; which is understood to be threefold.  
First, the abuse of their dedication by him who only is proprietar thereof, God, The tithes are mine, and I have given them to the Levite, whereby is easily perceived that the Pastors and Instructers in true knowledge, and the worship of God, are [ante omnia] to be sustained, entertained and maintained, every man in his place or degree of employment, by whom the Church is builded, and every particular person is form a living stone for raising thereof, the chief corner remaining, Christ.  
Secondly, of uplifting the same, whereby the fruits of the ground are subject to many inconvenients, partly by the sloth, and partly by the malice of Tith-possessours the one being careless to separate the same from the stock in due time, and the other maliciously refusing to do it in due time; whereby the stock in these cold and Northern parts are subject to the hazard of many inconvenients, by tempestuous weather: As also coming to Tithe, they bring with them such a confluence of men and beasts, like locusts overshadowing the face of the Earth, running through every corn field, that the poor labourer of the ground is not able to see the destruction of his fruits, his body not being ubiquiter, and therefore cannot tell of what to complain.  
Thirdly, by usurpation under the colour of tithing to intromet with the stock, or a great part thereof, against all reason, law of God, and man: And for reformation of these abuses, Wills that the parties justly grieved, give in their best overtures unto your LL. of whose duetiefull care his Majesty rests sufficiently assured.   

THE MIND OF THE CHURCH MY HEART.  
THE Church is herewith well pleased, for howbeit it be without controversy, that the tithe is the Lords, and by him given to the Levite: and therefore may not unjustly be acclaimed by the Pastors, successors to their function, having the charge of God's Tabernacle. Yet considering that their office is not naturally hereditary, but by grace and election. And therefore their present maintenance is only to be desired; since their natural successors (as they are their natural successors) have no right to their spiritual possessions: as the Levites, whose children were Levites, whereby all the Church goods were ever possessed by Churchmen.  
Again, considering that they are not restrained from purchasing possessions amongst their brethren the Laics, as the Levites might not inherit nor possess any possessions among the other Tribes, whereby the superabundance of goods, if any they had; of necessity behoved flow back to their brethren the Laics from whence it sprang: otherwise their commodities being great, and their labour easy in purchasing the same, they might happily have conquered all their brethren's possessions, and so twelve Tribes should be reduced in one: And therefore since they are not thus restrained, they desire no more but a competent allowance according to his Majesty's royal intention above specified.  
As also, they are content that the superplus be in his Majesty's Power to be employed for the public benefit of the Kirke and commonwealth, and for recompensing in some sort of such particular persons as his Majesty out of his royal disposition shall think himself in conscience tied to considder, in respect of the form of their acquiring of possession of Tithes, howsoever the right cannot stand in Law. But first of all they desire your LL. consider, how nothing is more necessare for instruction in Knowledge, and the worship of God, than the knowledge of letters, the first medium whereby a man, or rather the Image of God potential, is reduced in act. And therefore it is very requisite that every man be instructed in his youth in the first degree thereof, which is reading, whereby he is not only able to see the ground of all their doctrine [the Scriptures] whereof they are the explicators, but even to see them, and all explicatours thereof, in their best show from the beginning: and so may become a noble Berean deserving preferment before the Thessalonian.  
For this purpose it is very necessary, that no Paroche be without a reader and instructor in reading; the principal entrance to true understanding. The next degree of letters, is the understanding of subtleties and school questions, whereby the deep of Theology and Philosophy may be dived into. This is not so necessare to be commonly instructed in every Paroch, Yet it is very necessary it be sufficiently instructed within this Kingdom, whereby the enemies of God's flock may find to their fear not only barking but biting Dogs keeping the Folds. For this purpose it is necessare that Colleges or seminaries be erected and provided for, in some the most eminent parts of the Kingdom.  
Thus for the general overtures at this time when your LL. shall think good to put the same in practice, I shall more particularly give overtures [de modo.]   

THE MIND OF THE BARONS MY BODY.  
THE Barons with all humility would beg this reformation, and craves no other favour. For howbeit the heretofore unjust employment of tithes, may not unjustly furnish them a ground to protest against all payment of tyths, and desire a liberty to contribute among themselves for the entertainment of their instructers: yet their hearts can never harbour such a thought, when once they remember. First, how forcible nature forces from us that duty. For who is so beastly minded or so sensually addicted, to the only care of his sensible part that will not be content to count with himself till he can count no further, and of all that count pay but one for the nourishment of his Soul? Now who is able to reckon above ten? Who then shall be so beastly as to refuse one of ten, except he be idem with the beast? what is more to be said heereanent, I refer to the more learned Pythagorean.  
Secondly, when they considder the antiquity of this duty which Cain and Abel are thought by some to have paid by their offerings: but it is specially expressed they were paid in the days of Abraham, where the authorities both of the giver and receiver is notable, viz. the first Father of the faithful is the giver, the receiver whereof is the Priest of the most high God, without Father, without Mother, without kindred having neither beginning of days, nor end of time; not that he was without them all in respect of nature: but in respect of his supernatural internal separation from all things carnal and temporary to teach most high Mysteries for accomplishing the will of God, wherein was his only confidence, delight and solace: and so the doers thereof his only kindred, and therefore is likened to the son of God, who professed the doers of Gods will to be his Mother, Brother, and Sister, he also is called King of rightwiseness; and after, his dwelling City is said to be Salem, which is peace; for true wisdom is ever King of peace. But thirdly and most of all, when we remember his divine majesty, by whom they are acclaimed, who (as a type of that eternal Priesthood, whereunto the true Melch●sedecke was internally separate) did externally separate the Levite, to whom they were given for their entertainment alanerly. Or what was more, to be eaten by the stranger the Fatherless or the Widow: and on no ways to be employed for their further enriching than present necessity.  
Those things considered, they even fear to think of withholding the same, like as I think every man should tremble to intromet with the same, or intrometting therewith, should dare to employ it for any private use, to enriching his Children, or acquyring new possessions: but I leave every man to his own conscience; for they (being conscious to themselves, that the Tithes belongs not to them) will none of them, howsoever they be used. And therefore I will only proceed to their overtures for reforming these abuses noted by our most gracious Sovereign. Of these abuses concerning them in particular, the first is by the sloth and malice of the Tithe possessors, and by the unnecessare confluence of men and beasts, the time of Tithing.  
The first part of this abuse is in some sort already provided for, by that statute. 22. Parliament 28 June. 1617. Act 9 But if your LL. think it better that the Tithes be valued, and according to their valuation, every Heretour to pay for his own tithe, I shall be glad to have it aggried upon. The second part of ●●is abuse is easily helped, the unformall form of tithing being reform. For it carries no reason that the tithe possessor, should (with the tithe corn;) carry away also the strae, which belongs nothing unto them: for it is no increase to the owner, since it is ordained to rot upon the ground for maintaining the same in the own strength: and is only taken from the ground of necessity, for better collecting the corns: wherefrom being once separate it is again sent unto the ground, which is thereby the better enabled to yield her increase; whereof the benefit redounds aswell to the Tithe as to the stock, and so no man is loser. But if some object; the straw is used for fodder and entertainment of beasts in this Country. I answer, in that same respect it ought to be free of Tithe, because it is the food of the labourer for it feeds the beasts that till the ground: and there can be neither law nor reason why either the hire or food of the labourer should pay tith: especially these by whose labour the tith itself is increased. Neither have I hereby any design to stay the tithe possessor from leading his tithe in the sheave, being doubtful to have a good count thereof out of the labourer's barne-floore, a certain yearly valuation not aggried upon. They only desire, that the tithes may be led, and set in the labourer's Barne-yard, that when the corn is separate from the straw, the straw may remain with the labourer as proprium fundi. And for this cause, every man shall be astricted to lead home the Tithe, to the use of the Tithe possessor; as also to furnish sufficient Barns for threshing the same at needful times. So shall this confused confluence be needless.  

The third abuse is by usurpation.  
For reformation of this abuse: they desire a declaration may be made what is tithe, and what is stock, that a valuation of the Tithe with the stock may also be more easily aggried upon. Now if any man in estimating of tithes, can both say and think that the tithe is in value a fourth part of the land duty, I would gladly hear his argument in reason, for I have no Logic to prove in Arithmetic the tenth to be the fourth part. But if it shall be answered, the tenth of the stock, and increase will be the fourth of the free increase, (for without it be free it is no increase.) To this I answer: the tenth of the stock will be more than the half, if not more all the increase: for if it be lawful to tithe any part of the stock with the increase, it is lawful to tithe all the stock, and consequently, the oxen, horse, nolt, kine, calves, yowes, lambs, and all must be tithed, since all is either stock or increase, yea, the very ground itself must be tithed, for it is also a part of the stock. And this I hope being used but few years, the contestation for tithes will expire [ipso facto] Now as this is against all natural reason, so it is without any special Law, for the law of Tithes is plain, 
Deut. 14.21.  Thou shall truly tithe all the increase of thy seed, that the ground bringeth forth year by year. By what law then is the tithe of the stock usurped? It will perhaps be said it is a common practice in our Judicatories so to determine. But I answer, as it seems not good that the equity of every practic should be narrowly searched unto▪ so it is less good that every practic whereof the equity is not narrowly searched into, should be esteemed a law for the common well. But of what reputation shall the practics of inferior Judges be esteemed, when they agrie not with the practic of the supreme Parliament? For in public Parliament the practic is passed, and a declaration made of the validity of tithes compared with the value of the land, read the statute. ja: 6. Parl. 11. chap 29. where it is declared, the tenth part of that duty paid for the room, stock and tithe should be given to the tithemaster, and nine parts to the King ●● Landslord or superior. Is not this reason? or hath any judge in the Kingdom greater authority, whereby he may vilipend this practic, or proceed with another sort of valuation? or if they will do, is not the sentence reduceable? since by the statute it is plainly ordained That all the judges and Ministers of his Majesty's laws within this Realm, judge and decide according to this statute, and no other ways how oft that question shall be moved. But I know some would build much, or rather in effect overthrow all, by these subsequent words, In the case foresaid. To the which I answer it lacketh alanerly. But I will not trouble your LL. to dispute upon such pen-dashes, whether they have been by accident, or of set purpose, either adjected or omitted, since I doubt nothing your LL. will easily perceive the very ordinance itself to be superfluous: for thus I reason,  
Every Judge imitating a just and equitable sentence judgeth rightly.  
But every judge judging according to this sentence, imitates a just and equitable sentence, Ergo,  
The Major is clear, the Minor shall be proven when I shall bear it publicly denied. What necessity is there then of any ordinance for imitation hereof? even as much as if a command should pass; That Fish should not live without water, for the natural element of an upright Judge is equity, whereof he is no sooner sensible but with a gaping greedy appetite he follows upon it, thereby refreshing his spirits, and strengthening his powers against every storm.  
But it will be said the corns have been in use to pay tith both stock and increase. I answer, here is the abuse: if there be either law or reason for it, let it so continue: But if there be neither law nor reason for it, reason it be reform. For every use, which was not so from the beginning requires reformation; yea, sometimes although it be licenced by authority, as is evident by that dispute betwixt our Saviour and the pharisees. Now it is clear that this form of tithing was not in use from the beginning: for Abraham; (whom, as we are faithful we claim for our Father▪ and therefore are tied if not by Law, at the least by example to pay tithes) is said only to give the tithes of the spoil. Like as also this use was never among the jews, for their Law is express against it, as is said. As for any use crept in of late within this Kingdom: there was many causes for it, which now are not, and therefore deficiente causa, deficit effectus. First that statute. Ja. 2, Parl. 14. chap. 82.  
Ordaining every pleugh to sow a firlot wheat, half an firlot pease, and forty beans, is nor as yet two hundreth year old: whereby it may appear how small use there was for labouring for corns, some two, three, or four hundreth year before; which all is but a small time, in respect of that time, since tithing first began to be in use. Hence it is easily conjectured that the first cause of this use, to tith corn upon the ground both stock and increase, was, because so small parts were laboured at the first, that the tith was not much regarded: as also some choice parts were only manurde, which being fertile in themselves, both by nature and long rest, yielded such increase, as the stock and labour were forgotten by the labourer, rejoicing in the good success of his new husbandry: whereas now the greatest part of the manured grounds will scarce free the charges, if the air happen to be tempestuous: and even in years of plenty, where the ground also is fertile, the third of the growth can hardly be made free to the Landlord.  
The second cause, whereby this custom hath been continued, was, the zeal of the people; who were not only content to continue any custom, for commodity of the Churchmen, but even to dispone their particular lands and heritage's unto them.  
But this I hope is by Pandora sufficiently cooled; since men are now in greater danger to be esteemed eaters up thereof, than to be eaten up with the zeal of God's house.  
The third cause, and connexor of all, was, the small or no damnage they found by so overseeing themselves for as all waters running to the sea, do neither augment the same, nor diminish themselves. For as the Rivers return to go unto the place, whence they came; even so, what they bestowed upon Churchmen reflowed again unto themselves; their poor, their orphans, widows and strangers all finding hospitality with the Church: whereas now the traveller, at their ancient dwelling house, in stead of that hospitable welcome, peace be with thee; howsoever, let all thy wants lie upon me; only ludge not in the street; shall find nothing of what he wants, but peace or if he happen to hear any noise, it shall be commanding him peace and without a piece to turn some other way.  
But suppose these causes were not removed: no voluntary oversight of any abuse can enforce a perpetual obligation to continue the same.  
It will be yet said, this custom hath been long practised in all countries, and by all Judicatories approven.  
But this is easily denied, for a great many parts, if not the most part of Christendom, have never been in use to have the tithe of their corns drawn after this form: yea, many parts are in use only to pay some small acknowledgement, far short of the worth of the tithe, of their increase, and therefore, no further can be exacted of them according to the canon law, Illae decimae necessario solvendae sunt, quae divina lege debentur, vel loci consuetudine approbata, whereby it is evident that the most that can be craved is the whole tithes according to the divine Law abovesaid: like as the least that can be offered is the accustomed or ancient duty; neither will I disagree from that (indeed) judicious note of Card. Bellarmine, saying, Sicut consuetudo tollit legem, sic lex tollit consuetudinem. For it is very true that the authority upon just and necessare considerations, may abolish the use of paying less than the Law, and command payment according to the Law. But to command any more, can never be done by any authority, at the lest no authority can command to pay more in name of tith than according to the law of tithes. Much less it is reason that authority should suffer to be usurped and brought in custom, more than the Law, and against all reason. This (I am sure) will cut off all necessity to value these tithes which of old hath been valued, and according whereto the possessor hath been accustomed to pay: who so list to detain the same according to the price; as by the particular parties will easily be defended in any judicatory, removing, sic volo,, sic iubeo, stat pro ratione voluntas. From the rest, never more can be required, but according to the divine Law abovesaid.  
But I suppose this alleged custom hath been indeed long universally approuen by all Judicatories, and practised by all Countries: then say I, there hath the more need of a reformation to be begun in some Judicatory, and in some Country: and by what Judicatory more proper than this? since for this, and such like, your LL. are convened. Can any ordinance pass for the benefit of the common weal, forcing a titular to set according to the valuation, that which in Law he may justly lift without giving any count of the value thereof? and shall all ordinances be neglected for remeeding that common evil used by the titulars, uplifting that, whereunto by neither law nor reason they have right? This were but to divide, not to remeed wrong. Now as here is the fittest judicatory to begin this reformation, so is this Kingdom the fittest to begin the practice thereof. Have we already proceeded so far in so fair a course, for reformation of matters in substance, and now begin to stay at straes? shall we continue an abuse, because it is the use of our neighbours? legibus non exemplis vivitur. Shall we not know ourselves? Was not the woman carried into the wilderness upon the great Eagles wings there to be nourished till the times should be perfected? Was not this land unknown to the then, tyrannical powers? or, if it was known, was it not known but as a desert, a wilderness, yea, a wilderness where the Lion is King? hath the Church then been so long nourished among us? and shall we produce no evidence thereof to the World? or shall we stay to produce any evidence, whereby it may be known, by whom we have been instructed. Is not the Lion appointed the World's reprover, and refresher of God's people? And shall he not first reform what is worthy reproof in his own Forest? But if any man doubt thus to apply the text: behold the testimonies of antiquity, whereby even stones are believed to be metamorphosed into men. As for men to be changed into stones is easy and common at the sight of a Gorgon's head. Ovid, that never sufficiently commended collector of antiquities, shows directly that from the North must come the illuminators of blind Phinius, and the banishers of these filthy abusers of princely food: which is more enlarged by that divine poet Ariosto. Doth he begesse ascrive unto the English Duke the horribly affrighting of that famell faction, cruel tyrannizers over those without whom themselves were nothing or worse? and (howsoever forsaken of his fearful friends) courageously going on to the entrapping of Caligorant in his own net; howsoever reserved alive as a not unfit drudge for building the walls of Jerusalem? the kill of Orillo; howsoever easily dismembered yet always rejoined by the power of only one excrement of his head? The dissolving of the enchanted palace; how manifoldly soever his shape at the first appear deformed, to the notably deceived Jndwellers? Is without a ground ascrived unto him the banishing of the Harpies, noble indeed vnsheathing his sword against them, but to small purpose till from the sound of his horn they hid themselves in Hell. No surely, for it is most certain that the solid subject whereupon all true Poets builds, is laid by antiquity they are the planets of Heaven (of whom the Sun is the chief or rather the life) The lights of the earth. The revivers of the dead, the renuers of antiquity, the revelators of Fate, the heralds of virtue, the uncasers of vice. And howsoever to the vulgar eye they seem but erring stars, yet the more learned astrologic doth easily perceive ● most sweet harmony, most powerful effects with most solid conclusions: for, being all convened in their first house, all shall be found to aggrie in one: for the daughter of antiquity is una, poor una who long must wander to seek relief for her beleaguered parents against that direful Dragon, till she find a S. George a Britain by birth, but of fair● land by education. Behold, with what heavenly trumpets our commission is proclaimed. Shall we then the now winged twines of Boreas begin to frieze for fear, when our shout is able to kindle afresh the powers of our jason? shall the book of wisdom lie hid in the pocket? shall the horn of truth hang mute on the Cassoke? How then; shall virtue overseeing her slavery be able to escape the female yoke? how shall that double statured Giant being stupefied with fear be forced to bear burdings for building our walls? how shall superstition be shav●● from the scalp of error? And how shall magnanimity tied in the dark be strengthened to burst his golden halter? that Astolpho in paradise being taught by S. john, may returneing restore the sight of Senapo, and wit of Orlando to the utter undoeing of Pagan-pride. Since thus we see for what we are borne, let us couragiouslly follow our fate. Shall the poorest groom not spare to push his fortoun? And shall we by destiny apppointed the 〈◊〉 of God's house be abashed of our office? No surely: since the Almighty hath made us divulgators of his Law, let the brightness of our face abash the more vulgar.  
And now have your LL. sufficient overtures (grounded upon Law, and true reason) whereby custom may be reform. But if custom be grown to a second nature (which is too common in evil customs as the Prophet complains Can the blackmore change his skin, or the Leopard his spots. No more can you that are accustomed to do evil, do that which is good) My passive body 〈◊〉 comport with the tims and so acquiesce; only protesting that which is now done be not prejudicial to a better reformation, when the Planets shall look with more mild aspect: Thus have I faithfully delivered my charge for your LL. ease, and my own health. But if any man shall suppose me not to be what I profess: let noble Arthegall whose presence I long for, and who at length I hope shall prove master of this feast to the uncasing of Bragadochia, and restoring Guyon to his horse and armour. Let him I say confront me with another, professing the same name, but of a contrary disposition.  
Then shall your LL. easily know,  
Which of us twain are 〈…〉 snow.  
Your LL. totum RESPUBLICA.