THE ROYAL LAW: OR, THE RULE OF EQVITIE PRESCRIBED US BY OUR SAVIOUR CHRIST. MATH. 7. 12. TEACHING ALL MEN MOST PLAINLY AND BRIEFLY, HOW to behave themselves justly, conscionably, and uprightly, in all their dealings, toward all men. TO THE GLORY OF GOD, AND good of God's Church, explained: BY RICAARD EBURNE Minister of the Gospel at Hengstridge in Somersetshire. IAM. 2. vers. 8. If ye fulfil the Royal Law, according to the Scripture, which saith: Thou shalt love thy neighbour as thyself: ye do well. LONDON, Printed for Thomas adam's. 1616. AA TO THE RIGHT WORSHIPFUL, MASTER JOHN DACKOMBE ESQUIRE, ONE OF THE MASTERS of Requests, to the King's Majesty, etc. Health and happiness temporal and eternal. AS it is most certain (Right Worshipful) that Christian knowledge aboundeth in our land, by reason of the manifold plenty and long continuance of the sacred truth of Christian verity by God's unspeakable mercy, and admirable blessing, settled and taught amongst us: so can it not be denied, that Practice, that is, conversation according with our knowledge, and answerable to our profession, very much faileth and wanteth among us. For (besides those, the number or rather swarm whereof is not small, 2. Thess. 1.8 Eph. 4.18. that know not God, and obey not the Gospel of our Lord jesus Christ: who having their cogitations darkened, and being mere strangers from the life of God, (as the Apostle speaketh) through the wilful ignorance that is in them, have given themselves over Heathenlike, or hellish-like rather, to work all manner of uncleanness and wickedness, even with greediness) many can say, Lord, Lord, Math. 7.21. which do not the will of their heavenly father: and not a few are contented to seem rather than to be sincere Christians, as taking more delight to profess in words with their mouths, then express with deeds in their lives the Gospel of Christ. So that it seemeth to me (howsoever, notwithstanding the false imputation and vile slander of our Romish adversaries, the Preachers of the word amongst us, have not been unmindful thereof, nor negligent or sparing therein hitherto) very necessary and fit, that they should henceforth bend themselves more then usually that way, that is, somewhat forbearing doctrine of Faith and matter of knowledge, to insist especially and urge chiefly and ordinarily such doctrines, such exhortations and admonitions as concern sincerity of life and integrity of conversation: that so (if it be possible) they may provoke our people more carefully to walk aswell as to talk the Gospel, and to have an holy and virtuous life aswell as a sound and true belief; whereby the mouths of our adversaries may be stopped, and men may be occasioned, seeing our people to shine by our good life and honest dealings as lights in the world, Math. 5.16. 1. Pet. 2.12. to glorify God on our behalf. To this purpose, I among others, having oft times bend my speech, and by occasion of late handled that parcel of our saviours Sermon, Math. 7.12. the Sermon on the mount, viz. Quaecunque igitur, etc. Whatsoever ye would that men should do to you, even so do ye to them: Observing it (being An absolute Rule of all true justice and equity betwixt man and man, which therefore we may (me thinks) very aptly term, as S. james doth, it, or its coequal, jam. 2.8. The Royal Law) to be very profitable and available to the use and intent before mentioned, I have been willing of a private Sermon to make it a public Treatise, and to convey it, the form somewhat altered, and the matter enlarged, from the Pulpit to the Press. This little labour of mine, I am desirous (Right Worshipful) under the Patronage of your worthy Name, might be shielded and set forth. First in regard of my duty unto your Worship; namely, that thereby I may, lest any note of unthankfulness, or spot of forgetfulness be aspersed upon me, somewhat testify my grateful mind and mindful remembrance of your special favour and bountiful kindness unto me from time to time showed and continued: and then in regard of the Argument itself, which is of Equity and conscionable dealing: which by reason of your Honourable place, and worthy employment under the Kings most excellent Majesty in his Court of Requests, seemeth unto me very fit to be Dedicated unto your Worship above some others, as to one that by his place, and (I doubt not) his often practice, doth see the use and necessity, and oft is moved to urge and require the observation and performance thereof: which alone, well regarded and fulfilled among men, would undoubtedly cause much more peace and agreement to be in the land, and fewer Petitions by many to pass your hand. I have herein, among other particulars, somewhat urged (an Argument wherein * Viz, in my Maintenance of the Minist. and my twofold Tribute. otherwhere, and in other wise, as unto your Worship it is not unknown, I have more plentifully laboured) more equal and conscionable dealing toward the Ministers of the Church. That, in some men's opinions, may happily seem to require some Clergy rather than any Lay-man to patronize the work. But partly, since that is but the least and the last part thereof, and partly for that I have found your Worship as a sincere lover of the Gospel, so a special favourer of the Clergy, and in particular in some of the points urged, so conscionable and respective, as I have showed others should be, but I have known none but yourself to be; I suppose that fitly and justly both it, and I for it, may crave your special Protection, and favourable acceptation thereof. Which trusting, according to your accustomed kindness, that courteously many times reacheth out the hand to many a meaner suit, you will accordingly vouchsafe, I do with all dutiful affection commend it unto you, and by you to the godly and virtuous Reader: Heartily beseeching Almighty God, as he hath enriched you with no small measure of his graces and blessings, and adorned you with sundry worthy ornaments and endowments both of body and mind, so to continue and increase the same in and upon you, as may be best to the furtherance of his glory, the benefit of our Country, and your own, both temporal and eternal good. Amen. Your Worships in all humble duty, ever to be commanded: RICHARD EBURNE. The sum of the Treatise. The Rule of Equity: wherein are considered the i. Author, arguing the 1. Perfection & goodness of this law. 2. Largeness or extent of this law. 3. Blessing or curse that attends the observers or breakers thereof. ij. Form, very 1. Brief 2. Plain for the Memory. Capacity. iij. Sense for 1. matter, comprehending our 1. thoughts, and opinion of others. 2. speeches and reports to, or of others. 3. deeds & dealing toward others. 2. manner, and that 1. Negatively, (viz.) Not as 1. we will or lust to do. 2. others do to us. 3. others do to them. 4. themselves would. 5. we have accustomed. 6. our laws bid orpermit 2. Affirmatively, viz, 1. we would others should do to us. Provided that our will be just, reasonable, orderly. iiij. Use in regard of the 1. Law of God: for the 1. hardness thereof. 2. largeness thereof. 2. Laws of men, for 1. Precedent that they be 1. Brief. 2. Plain. 3. Needful. 4. Equal. 2. Precept concerning the 1. Executing of hu. Laws. 2. Usage of hu. Laws. 3. Want of hu. Laws. 4. Ignorance of hu. Laws. v. Application, viz. in 1. General touching our Laws needing some Reformation. 2. particular, concerning our Ministers, for the 1. livings provided them. 2. Bestowing of their livings upon them. 3. Having of their dues. 4. Recovery of their dues. vi. Conclusion, with Admon. to 1. England. 2. Impropriatours. 3. patrons. 4. Parishioners. 5. all men. THE ROYAL LAW: OR, THE RULE OF EQVITIE: PRESCRIBED US BY CHRIST. MATH. 7. VERS. 12. HOW necessary Laws are among men, as daily experience doth declare: so the practice of God the Creator doth make manifest, who creating man, wrote in his heart an eternal Law, Rom. 2.15. the Law of nature; and placing man in Paradise, Gen. 2.17. gave him apositive law, the law of Abstinence from the tree of good and evil: and the doing of God the Redeemer doth argue it, who so delivered us from the curse of the law, Math. 19.17. that he left us liable to the obedience of the law: was so far from abrogating the law, Math. 5.17. that he protesteth, He came not to destroy the law, but to fulfil it, being indeed the end of the Law, but as S. Aug. long ago observed, August. Finis perficiens non interficiens: consummating not consuming. And for our better furtherance both in the understanding and observing thereof, at one time abridged the whole Law and the Prophets, into these two precepts, 1. Diliges Dominum, Math. 22.37. etc. Thou shalt love the Lord thy God, with all thy heart, with all thy soul, with all thy mind, and with all thy strength: and 2. Diliges Proximum, etc. Thou shalt love thy neighbour as thyself: and at another time summed up both the law and the Prophets, so far as concerneth man's duty to man, into this Compendium, Quaecunqueigitar, etc. Whatsoever ye will that men do to you, Math. 7.12. even so do ye unto them. All which show that men can no more live without laws, than a blind man walk without a guide. It cannot therefore (I suppose) be a labour unfit, or a work unnecessary, to spend some time on this argument, and by meditating a little on this principal and notable Ground of human laws, that Royal Law propounded unto us, and enacted for us by Christ himself, jam. 2.8. to open a way to virtuous and godly minds, how to examine their actions, and conform their lives somewhat answerable to that integrity which the laws both of God and Nature, do require at their hands. Wherein that I may contain myself within convenient compass, The Division. I have resolved to confine my pen within these ordinary limits. viz. The 1. Author. of this Law. The 2. Form. of this Law. The 3. Sense of this Law. The 4. Use of this Law. To the which in fine, I will adjoin some special Application thereof, according to the state and time wherein we do live. The consideration whereof, will, if I be not deceived, present some, and intimate many more profitable and worthy observations unto our eyes and mind. j The Author is Christ. Which argues 1. This law to be perfect and good. Math. 16.16. joh. 1.14. and 17. In all laws The Author thereof, who made it, as the efficient cause, is worthy to be considered. For upon the worthiness or unworthiness, the great or small estimation of him, doth the force and vigour, the state and nature of the law much depend. To which point, if we do but a little cast our eye, forsomuch as the maker of this law is Christ our Lord, he that is the Son of God, and wisdom of the Father: he by whom and for whom all things were made, Prou. 8.22. Collos. 1.6. Heb. 1.2. joh. 1.3. 1. Cor. 15.27. Heb. 2.8. Math. 28.18. Gen. 18.25. and unto whom all things are made subject (for unto him is given all power both in heaven and in earth) we shall easily perceive this law to be most equal and just, most holy and good, most fit and necessary. For who should enact what is just and equal, if not justice itself? decree what is holy and good, if not Goodness itself? or prescribe what is fit and necessary, if not Wisdom itself? In laws made by men, we may ever suspect their soundness, and therefore as men that are to buy wares, will view them well before they bargain for fear of deceit; or that are to receive money, will try it well lest else they take cracked for currant, and base for good coin: it is not amiss, that we examine and prove them well by this and other rules of perfection, before we approve and practise them; assured, that it is said in this case no less then in any other, 1. Thess. 5.21. Probate omnia, & tenete quod bonum est: Prove all things, and hold fast that which is good. But in laws made by God, by Christ, we cannot suspect their sincerity without sin, nor defer them to trial, without injury to him that made them, and danger to ourselves that are to use them. This showeth us likewise the large extent that this law hath, 2. To extend & pertain unto all. namely: That it reacheth to as many, as are or aught to be in subjection unto the Author thereof, that is, even unto all people, of all times, all places, and all degrees whatsoever. As none is so mighty that he can be more, nor any so mean that he can be less than a subject to this Lawmaker, so is there no person that justly can pretend, He is from this law exempt. Likewise no place that can plead Privilege, as if thither it could have no access: No time, no age, of which it may be affirmed, either yet it is not in, or now it is out of Date and use. 3. To contain a blessing to them that keep it: and a curse to them that break it. The same serveth also well to promise us blessing and favour, mercy and good, If we carefully observe: and to threaten us judgement and wrath, trouble and evil, If we carelessly transgress this law. There is indeed no promise nor penalty hereunto in express words annexed, but inasmuch as it proceedeth from him in whose hand is life and death, Revel. 1.18. good and evil, blessing and curse, his very person must assure us, that he will neither leave them unrewarded that keep, nor them unpunished that break it. And yet when as he doth after add, that This is the Law, and the Prophets, he doth sufficiently thereby intimate unto us, that it also hath dependent upon it, those promises and threats, those benefits and plagues, those blessings and curses, Leuit. 26. which the Law and the Prophets do either generally or particularly denounce unto those that observe or break, Deut. 28. etc. regard or contemn the same. Wherefore let no man lightly regard or rashly reject this law, but know for surety: Whatsoever particular it is, that can aptly, properly and rightly be from this general deducted; If he observe it, there will a particular blessing: If he observe it not, a particular judgement correspondent to the action, good or evil, attend him for it. ij The form wherein Brevity and Perspicuity. Touching the form of it, we may therein observe the Brevity and yet Perspicuity thereof: points though always fit, yet seldom found together. Somuch the more commendable in this place, as they satisfy the scope intended, which is to enlighten the mind, and unload the memory. For in these few words, so good provision is made for both, that neither is overcharged: because there is lightly no memory so weak, but may easily carry it, nor any capacity so shallow, but may quickly conceive it. And therefore if in the artificial operations of skilful men, the form of any notable piece of work reduced into a very fine and curious frame, as the engines of a great clock into a small watch, the description of the whole world into a little globe, and of a large country into a narrow map, do for the curiousness and rareness thereof, delight the mind, and please the eye of the judicious beholder, how much more this short Compendium of the law and the prophets, which hath in it length so little, and plainness so much, as possibly the mind of man could not have desired more, nor the wit of man have devised the like. Wherein the wisdom, the goodness, the care and providence of Christ for man do notably shine and show forth themselves, while as he hath thereby so provided every man as it were of a little book that will neither lad his body, D. Bois. Dom. Trin. 18. p. 130. nor cloy his memory, nor cumber his mind, and yet always be in readiness, rather in his head then in his hand, in his breast, than his bosom, to instruct & advise him, in every action and duty toward his neighbour, what and how he ought to do: that all pretence of ignorance and excuse of charge and encumbrance is taken away from all sorts of persons. The poor cannot complain, That he hath not wherewith to buy him a book that he might read and learn: nor the ignorant that he cannot understand: nor the busy Labourer that he cannot attend: nor the delicate Idler that he cannot endure, to study the law and the Prophets. For having this Bible about him, he wanteth not wherewith to inform him: and being never without this, (for it is written in every man's heart) he hath enough, if he do amiss, to accuse and condemn him. These points for the present briefly, iij The Sense twofold. viz. & but briefly touched, lest I should hold the Reader overlong from matter of greater moment, I hasten to the third point, viz. the sense and meaning of the words: the matter. the manner. which for more plainness I think fit to be considered two ways, that is, according to the matter, and according to the manner. The matter, Do, the manner, So do. The matter or doing here mentioned, is, according to the operations of man, 1. Matter, comprehending our thoughts. our words. our deeds. threefold, that is; of the 1. Mind. of the 2. Mouth. of the 3. Members. For it comprehendeth 1. our thought and opinion of others: 2. our speeches and reports to, or of others: and 3. our outward deeds and dealing toward others. This is apparent by the precedent observation, the Author of this Law; Gathered, from the nature and use of this law. Rom. 7.14. which being Christ, the Son of God, very God, necessarily argues, the law to be like himself, spiritual, extending as well to the inward as to the outward man, and speaking no less to the soul then to the body: Calu. Instit. l. 2 cap. 8. sect. 6. this being the true and principal difference betwixt Laws divine and human, That each sort is correspondent to the nature and condition of the Author thereof. By which note alone, we must acknowledge them, as to exceed, so to excel the one the other, no less than doth the soul the body, heaven the earth, and the everliving God a mortal man. This also appeareth by the observation subsequent, I mean the use of this Law, which (as hereafter more at large happily we shall see) concerneth all the s econd Table of God's Law, our whole duty to man, taught at large by the Law and the Prophets, all the precepts whereof extend aswell to our thoughts as to our words and deeds. When as therefore our Saviour saith, Do to them, we must take it all one as if he had said, deal with them; think and imagine of them: speak to or of them, and in outward works render unto them so as, etc. So that here we have a rule, a lesson for our whole man body and soul, inward mind and outward members: by which we are to be guided and ordered as well touching our internal affections, as our external actions toward our neighbour from time to time. This observed, Which therefore is not very easy to be observed. may somewhat intimate unto us, that it is not so easy and slight a matter to observe this rule, as at the first sight it may happily seem. For whosoever is privy to the native corruption and imbecility of our sinful flesh and vicious nature, Ferus in loc. fol. 119. as he seeth it is a matter of much difficulty and labour to contain the eyes, the hands, the feet, and other outward parts within their due bounds: so must he needs say, that it is harder yet, to order well that unruly evil, jam. 3.6. that world of wickedness the tongue: but hardest of all to mortify the affections, to bridle the will, and guide well the mind & whole inward man, that they serve not from that integrity and soundness which this law of God, and rule of righteousness or equity divine doth require. Let no man therefore, like the young man in the Gospel, bold of his strength, brag in haste, Haecomnia, etc. Math. 19.20. All this have I kept from my youth up. I never did, nor ever will offer other measure unto any. He that standeth most upon, and presumeth farthest of his innocency in this behalf, is often most deceived, while indeed he considers aright and knows well, neither what he should do, nor what he should will, but with some corrupt affection blinded, and with some vain conceit carried far wide of the way, wandereth he knows not whither, and doth he wots not what; the sentence which he gives, the conceit of himself which he hath, proceeding from no mature deliberation, or due examination of the cause and his own conscience, but from some sudden motion and unsettled resolution of his ignonorant heart or negligent mind. I will not stand to give examples of this kind, as which are so obvious to every eye, that with ease enough they may be seen. Only hasting to pass this point, 1. I advise every man to take heed he deceive not his own heart with the shadow of equity in stead of the substance. 2. I assume the premises only considered, Ludolph. de vit. Chr. par. I. c. 39 That if there were no other Law extant but this, it alone were abundantly enough to convince every man to be a sinner, as who swerveth and cannot but often serve from that integrity of body and mind, that perfection of life and manners, which this most upright Level and absolute Rule of moral justice and Equity requireth at his hands. So that he hath need to pray with the Prophet, Psal. 19.12. Ab occultis Domine, etc. Lord free my life, and cleanse my soul from secret sins: Dan. 9.5. and cry with the people of God, Peccavimus, etc. We have sinned, O Lord, we have sinned and committed iniquity: we have grievously offended and transgressed (this) thy Law, etc. For as the Apostle saith, jam. 3.2. true it is, In multis labimur omnes: In many things we do all amiss. From the matter I come to the manner of doing, 2. Manner, and that 1. Negatively. 2. Affirmatively. which I suppose not unfitly may be considered also doublewise, viz. Negatively and Affirmatively. 1. Negatively, what is not, 2. Affirmatively, what is the right and proper sense thereof. To which purpose I say. 1. The sense is not, That we should do to others what we will, Negatively. 1. Not as we will or lust or do. and deal with them as it pleaseth us. Our Saviour doth not say, Whatsoever you lust to do to others, so do to them. This neither God's Law nor man's Law doth allow. For though every man should be a Law unto himself, having the Law of God from the beginning written in his heart, and thereby his thoughts accusing or excusing him, Rom. 2.15. yet seeing this Scripture is now so defaced, by the fall of man, that none can rightly read it: and since the will of man, being become utterly perverse unto any good, and prone only to evil, Gen. 6.5. hath thereby so gotten the mastery over reason, that it which should rule, cannot, and it which should obey, doth not, will not, there is now no hope, nay no possibility, that man following his will, should always do well, and follow the thing that is good and right. Our will is now like a blind man groping his way, and therefore must be guided: or rather like an untamed horse, that knows no pace, and can keep no path, and therefore it must with the bit of Religion be kerbed, with the reins of reason be ruled, and with the hand of discretion be held aright. Indeed the Numrods' and Nero's of the earth readily run this race, Sic volo, sic jubeo, stet pro ratione voluntas: So I will, so I command, Let will in room of reason stand, is their common course. But cursed be their course, for it is cruel, and their way, for it is wicked. And among men but of inferior place, so licentious is the age and time wherein we do live, a man may sometimes hear very peremptory terms, as, May I not use mine own child, mine own Servant, as pleaseth me? It is mine own Money that I spend, mine own goods that I waste, and what hath any to do therewith? etc. But surely such sayings sound ill in the mouth of a Christian, who should know, That there is but one absolute Lord, The Lord of the Vineyard, Math. 20. Rom. 9.20. 1. Chro. 29.11 Luke 16.1. mentioned Matth. 20. Who alone may do to every man, as the Potter with his clay: and with every thing, for all is his, what he will: and not be ignorant that every one of us is but a Steward at most to this Lord, a Labourer in that Vineyard, and accordingly hath an order assigned him, a course set, how and whereafter he ought to dispose himself in every thing, and shall have his counting day reserved him, wherein he must reddere rationem, yield a reckoning, and receive thereafter his penny or his pain, and hear either to his Commendation, Euge serve bone & fidelis: Math. 25. Well done good and faithful Servant, etc. Or to his Condemnation, Serve nequam & ignave: Thou ungracious and ignavious servant, etc. In sum for both: As the Sea is contained within its bounds, beyond the which it may not pass; for he that made it, hath said unto it, job. 38.11. Hitherto thou shalt come, and shalt not exceed: so have we our bounds set, and our Sea-mark pitched, and those are, not our will, but his word, not our lust but his Law, not our intention but his direction, who hath said aswell concerning our neighbour as himself, Deut. 5.32. & 12.8. Ye shall not do every man what seemeth good in his own eyes, but what I command you, that shall you do. 2 Not as others do to us. The sense is not, we should do to others as they do to us. Our Saviour doth not say, As others do to you, so do to them likewise. Not so neither. If this were a current course, than many times we should do evil to others in stead of good. If this were the rule, I suppose it would be observed more than now it is. For even now though it be not the rule, yet as if it were the rule of Equity, and the right course, many do excuse and seek to justify themselves thereby. Why? What have I done? I have used him, but as he did me. Such bread as he broke to me, have I broken to him again, etc. as who would say, In doing but so, they had done but well. Hence it comes, that many are so ready, if they be stricken to strike again: if they be evil spoken off, or evil spoken to, to speak evil again: if they be hurt, to hurt again: if defrauded, to defraud again: and that it is grown by common practice to a common proverb, Fallere fallentem non est fraus, etc. But thus it ought not to be. For this we have no warrant at all. God's Law condemns it. Recompense to no man (saith the Apostle) malum pro maelo: Rom. 12.17. 1. Pet. 3.9. evil for evil, or rebuke for rebuke. Also our Saviour before, If any man take away thy coat, what then? take thou away his for it? Math. 5.40. No, rather let him have thy cloak also. And, If any give thee a blow on the cheek, what? Give him twain? No, but rather, Turn to him the other also: that is, Be ready, be content rather to receive more wrong, then by requital to do any. But what speak I of God's Law in this case? Man's law also condemneth this course. For what Nation is there whose Laws ordinarily hold it not unlawful for private persons retaliare, to repay (in evil) like for like. And not only so, but by the very light of nature the Philosopher's heathen-wise sometimes saw it was our duty, not only not to do evil for evil, but that we ought likewise to do good for evil. Insomuch that Xenophon when one railed at him, Xenophon. answered him not an ill word again, but Thou (saith he) hast learned to rail and speak evil, and I (my conscience cleared me) to contemn railings, and I speak nothing but good. Pericles. And another, when one in an evening followed him home to his house, all the streets as he went railing at him, returned him not an evil word, but being come home called forth one of his Servants, and bade him take a Torch and light home that fellow that could no better see what to say. Learn we then, learn we I say this lesson from hence, That it is nought, ungodly, unnatural, and not warrantable to do to others always as they do to us: and therefore know we, it is no good excuse, no just ground why to do evil to any. But know we this; Whatsoever others do to us, yet we must beware, that we do nothing to them but good. Their doing will not excuse us. When every cause shall come to judgement before him; 2. Cor. 5.10. whose eyes cannot be deceived, and whose hands will not be bribed, every man shall answer for himself. They for doing ill to us, we for doing the like unto them again. 3 Not as other men do to them. Our Saviour doth not say, As other men do to others, so do you to them likewise. Example though it be a common, yet it is not always a currant rule; Vivitur legib. non exemplis: We ought to live by Precept, not by precedent. Aug. ep. 89. ad Casulan. Laert. Diog. de vi. & mor. Philosoph. Senec. in Proverb. Truth it is, men are much addicted this way, so that hardly will many be persuaded, that can be ill done of any, which is ordinarily done of many: or they walk amiss, which follow the mighty. Tutumest peccare autoribus illis: There can be no danger in going ill, if such go beforeus still. But the Scriptures are plain and peremptory to the contrary. The gate is wide, and broad is the way that leadeth to destruction, Math. 7.13. and many go in there at: therefore we must not follow the most. Do any of the Rulers believe on him (Christ?) Therefore follow not the greatest: john 7.48. if the great be good, and the most be best, we may follow both: otherwise, Better is good company unto heaven, then great company unto hell: and safer to fast with Lazarus alone, Luke 16.20. Leo Pap. ser. de jeium. Nic. I. act. Mich. Imparat. than feast with Dives and all his brethren. Numerus pusillus non obest, ubi abundant Pietas, nec multiplex prodest, ubi abundat Impietas. The smallness of a number (that favour a cause) nothing hurteth, where Piety doth abound (saith one:) nor doth the greatness of the number any thing help, when as Impiety bears the sway. His reason is, Non multitudo, sed causa damnationem vel justificationem adducit: It is not the number, but the cause itself, that doth either justify or condemn. Wherefore to conclude our point, howsoever others deal with other men, yet must we not make that a Precedent for us, unless we beassured they have so dealt with them, as of right they should. And then is not so much their example, as that whence they took their example, our direction. According whereunto, he said well and worthiethe observation, that said thus: Cicero. Non exempla aliorum quaerenda, sed consilium est eorum a quib. exempla nata sunt obseruardum: We are not so much to look upon other men's examples, as to observe their purpose and intent from whom the examples are taken or drawn▪ Neither doth our Saviour say, Not as men themselves would. Whatsoever others would, or say they would, you should do to them, so do to them. This also is not the right sense nor rule. For though every man should best know what is good for himself, yet since as women troubled with the disease Pica do often long for things scant wholesome or natural, Galen. lib. 4. the morb. cap. 10. Valesc. de Tar. in Philon. lib. 4. cap. 8. and regard little meats good and nourishable: so men and women both surprised with passions of fear, love, etc. with the affections of covetousness, licentiousness, etc. may either will and desire, or at least, being asked or urged, say they do will & desire that which indeed either they do not, or should not. Their will or their words, may not therefore be our warrant. By examples I shall haply be more plain. Gen. 39 Potiphers wife is willing joseph shall come into her company: but joseph notwithstanding her offer end desire, cannot be persuaded it may be lawful for him to condescend thereto. 2. Kin. 5. Naaman is very desirous to bestow upon Elisha for curing him of the leprosy, talents of silver, and changes of raiment: but may it be a question, whether, as his man did, the Prophet also might not have taken them? A drunkard is content thou shalt make him drunk, but yet I believe his consent cannot free thee (if thou do it) from the curse which God hath threatened to such beasts. Hab. 2.15. The old Rule, Volentium fit iniuria: Reg. iur. of't. Aug. cont. mend. ad Consent. c. 7. No force, no harm, in such cases holds not. Such voluntary consent, can neither rectify nor justify the Action, when there is nothing but viciousness and corruption in the intention. 5 Not as we have been accustomed. Nor doth our Saviour say, As you have been accustomed to do to others, so do to them still. Even as you and your forefathers have hitherto used them, so continue. Use them no worse than heretofore you have done, and then though you use them no better, it is no matter. Not so neither. This also is no safe nor sound course, many things may be customable, which yet are not commendable: and used to be done, which often were fitter and better undone. Such practice is rather Heathenlike then Christianlike, and draws nearer the doctrine of the pharisees of old, and of Antichrist of new, then either of Christ himself once, or good Christians since. For what is it else that the pharisees did so much stand upon under name of the traditions of their Elders? and what did they censure our Saviour and his Disciples so hardly for, but their customs? And what was it that our Saviour did again so deeply tax them for, when he saith, Math. 15.3. Mark. 7.9. Full well ye have cast away the commandments of God, to observe your own traditions, but the observation of their superfluous or superstitious customs? The pretence whereof may carry a show with men, but with God is of no force: and may prevail In soro communi in the temporal court, but in soro conscientiae in the (truly) spiritual Court, the Court of Conscience, can not stand. The Fathers of the Church that had many a fight with the heathenish customs and foolish fashions used in and before their days, be most plain and pregnant in this point. Aug. De unic. ●apt. lib. 2. Veritate manifestata, cedat consuetudo veritati: After the truth is manifested, (saith S. Aug.) let custom give place to truth: and a little after: Nemo sit, qui ausit Consuetudinem praeferre veritati: Let none presume to prefer custom to verity. Cypr. cont. Aquar. So S. Cyprian, Omnis consuetudo quantumuis antiqua cedat veritati: Let any custom, how ancient soever it be, give place to verity. His reason is, Consuetudo sine veritate, vetustas erroris: Custom without truth, is but an old error: Quae quò magis obtinuit, tanto magis gravat: which the longer it hath held, the more it doth hurt. The Lawyers likewise both civil and common, justin. Cod. li. 8. tit. 55. lib. 2. Const. ff. de leg. & Senatus l. be also of the same judgement. Consuetudo non valet quae rationem vincit: That custom is of no worth, which is against reason. Consuetudo absque ratione non habet vim. Custom without reason is without force. Greg. decr. lib. 1. tit. Consuet. cap. 10. & 11. & lib. 3. tit. de vi. honest. cler. c. 12. etc. The Gregorian Decretals tell us thus: Consuetudo non derogat iuri naturali seu divino: Custom doth not prevail against the law of nature or God's law. For, Christus dixit, Ego sum veritas, non consuetudo: Christ said, I am the truth, not, I am the custom. Further yet, Mandamus quatenus huiusmodi consuetudinem, vel potius corrupt iam curetis extirpare: We command (saith he, speaking of some unreasonable custom,) that ye endeavour to root out such a custom, or corruption rather. And again, Tenore Praesentium declaramus vos non teneri ad huiusmodi consuetudines obseruandas: By the tenor of these presents, we declare that you are not bound to observe such manner (unreasonable) customs. And it is, Bb. jewel, Reply. p. 21. Pet. Mart. loc. commu. class. 1. cap. 10. §. 7. R. Gualt. in Math. hom. 64. A. Will. in Synop. contr. 2. q. 3. and many o●hers. as an ordinary, so one of the best defences we have against the Papists at this day, for the breach, the cutting off, and casting away of many of their old customs and fashions, which have nothing but time and use to shield or shadow them withal. We tell them we are not bound to believe or hold, to observe or do any thing, how long soever it hath been accustomed and used, unless it may withal appear unto us to be agreeable to right reason, and consonant, not contrariant, to the word of God, against the which (say we,) No custom can be currant. And in truth without this limitation and regard, if men will be carried away with the name of custom only, and think it must needs be all currant which is customary, and that they need inquire no further in any thing, but, what is the custom? what hath been used heretofore? many a mischief may be practised, and much injury and evil be committed. Take for it an example or two. Gen. 28.26. Laban pretends, deceiving jacob, the custom of the place. It was not (forsooth) their custom, to marry the younger before the elder: but under that pretence, he falsifies his promise, abuseth his daughters, and deceives his friend. The jews had a custom, joh. 18.39. Mark. 15.8. That the Deputy must at the Passeover set at liberty unto them one prisoner, whomsoever they would require, how notable a malefactor soever he were: but under colour thereof, they, Pilate and the Jews let go Barrabas a seditious fellow, a thief and a murderer; Act. 3.14. 1. Pet. 2.22. See P. Mart. loc. come. class. 1. cap. 10. Graft. chron. par. 7. pag. 81. & 82. and crucified Christ, the Lord of glory, in whom was no sin, neither was there guile found in his mouth. It were even a shame, but to name some of those bestial and savage practices, which under the name of Customs either now be, or have heretofore been used in sundry regions and nations, yet seemed to them no sin. And in our own country at this day, it is a custom too common with some, specially at one time of the year above the rest, to rob upon the plains: likewise, to cozen and deceive in shops: to lie, yea to swear falsely for an advantage in bargaining. But by these and other like, which used be, in any indifferent eye, none other than usual sins and accustomed abominations, we may sufficiently see, That to do as we have been accustomed, is no certain rule. We must have better warrant than that. And that therefore we ought better to examine every custom, and consider more of that we use to do, whether it be lawful and good, consonant to reason, and conformable to the word of God, or not. Otherwise, the longer we run on in it, the further we run out of the way, and the more we practise it, the more we sin. Fem. Mon. in the cond. Babing in Gen. c. 19 Aug. Ench. ad Lauren. cap. 80. Object. Continuance, Custom in evil doth not extenuate but aggravate the sin. Tollit sensum, (non reatum) it takes away the sense and feeiing thereof, and makes it seem as nothing to them that use it (as one well observes) but it doth not, it cannot alter the nature of sin. Some haply will allege (for this is a hold which many blinded with covetousness and other sinister affects, are loath to forego,) That all that I have said is true in things divine, that concern the religion and worship of God, and respect the observation of the first table, but in things human, for the second table, concerning our duty unto man, not so. Let such consider well, Answ. and they shall see. 1. That the sentence and judgements of the Ancients are general, and do extend to any evil custom whatsoever. 2. That they do define that to be an evil custom, in what kind of thing soever it be, Decret. lib. 1. tit. 4. De consu. cap. ult. Quae verbo Dei, velnaturae, vel iuri communi, vel rationi repugnat: which is repugnant either to the word of God, or to the law of nature, or common equity, or to sound reason. 3. The examples above produced, do necessarily inferreit, unless any will say, Such customs to have been tolerable. Math. 5. & 15. 4. Lastly, our Saviour both Math. 5. and 15. in the one place correcting the false interpretations of the law brought in of old, and in the other reproving Pharisaical traditions of his time, speaks aswell against those that concerned the second table as the first: and in the latter giveth an instance from the second table, and not from the first, the precepts whereof are Gods commandments no less than those of the first. 6 Not as the laws of the land bid or permit you. Neither doth our Saviour say, Do to them as the law of the land wherein you live, doth allow: As the laws of your country will bear, so I bid you deal: whatsoever they permit, that practise one to another. This is not always a safe nor a sound coarse. Great Reverence and regard, I grant, aught to be given to the laws of nations and civil ordinances of superior powers, Rom. 13.1. 1. Pet. 2.13. for the Powers that be are ordained of God, and therefore we must even for the Lords sake submit ourselves unto them. But yet, as I think all Divines will grant, We must not rely on ordinances human as on divine: nor think whatsoever is by man's law ordained, may ever safely be performed: whatsoever is thereby tolerated, may boldly, and with good conscience be practised: as if so long as we have the law of man on our side, we cannot possibly do amiss. Doth this seem strange to any? No case more clear? no position more plain. For not only the Divine will say, Act. 5.29. That we must obey God rather than men: but also the very heathen, the moral man can see, That Summumius, Tul. Offic. l. 1. p. 17. Cat. de mor. lib. 3. is summa iniuria: Extreme law is (many times) extreme injury: and doth confess, that Ipse etiam leges cupiunt ut iure regantur: The very laws themselves, do often need to be guided or moderated and qualified by the rule of reason and equity: and experience doth evince, that partly by corruption of times wherein they are made, and partly by the currant of time, by which they pass, they sometimes are, and sometimes do become not just and good, not fit nor equal. Examples. Examples to this purpose, if a case so clear needed light by demonstration, I could produce both at home & abroad, of the present and precedent times, very many: but as wares by a show, so this by a few, may sufficiently be made apparent and plain. 1 In temporal. Our laws do (as I take it) permit men to put their money to usury, and that way to take ten of the hundred; yet who knows not that our Divines do commonly hold and teach, Such putting of money to use, to be iure divino by God's law utterly forbidden and unlawful? Our laws do allow men (in poenam Damni) to take the forfeiture of bands for debts unpaid; but whether a man may with a good conscience and without sin and offence to God always take the benefit of the law that way, I think may well be doubted. Though Landlords at this day in racking of rents and raising of fines, and some other their dealings toward their pooretenants: though buyers and sellers in venting their wares and making their bargains, do haply do no more than by the law in its strictness they may justify, yet their doings many times, if they be well considered, will be found, the one sort to be nearer the nature of oppression then of right, and liklyer the fruits of great cruelty then of good conscience: and the other to savour more of deep deceit, then just dealing, and prove rather plain cozenage then honest carriage. And, to add unto these one or two of another nature, 4. In ecclesiastical causes. It is a common course at this day with Patrons, to sell (or assign to such as will sell) the Advowsons' of Benefices, and, as they say, it is currant in law. By our common (but not by our canon) law, a man may do it. But how lawful soever it be, this I am sure of, If things may be estimated, not by their names but by their effects, and we may judge of the tree, not by his leaves but by his fruits, it is a course (in my judgement) most sinful & vile, as by which Sacrilege and Simony (if they be rightly defined) are openly and usually committed, or rather made to be no sin: and we (if this impious course be continued) must from henceforth look for no other dealing (ordinarily) at their hands, but to buy our spiritual livings, (Deposita Pietatis, Doctrinae praemia, laborantium stipendia, sanctorum munera, etc.) of them, before we have them, as other men (Lay-men) do buy their temporal reversions, leases and copyholds. For what men may be allowed to sell, they will not lightly give: and he that hath first bought for his money, will hardly believe, but that vendereiure queat, he may sell by Authority. For obtaining Ecclesiastical preferments, the world cries out, Lindw. provinc. lib. 5. tit. de accus. cap. Nulli. and almost every body talks of the shifts and subtleties, wherewith, one thing being done, and another intended, men cover their covetousness, cloak their Simony, and elude the laws, our weak laws, now in force. But may we believe, that so long as men can blind the world or avoid the law of man, all is well? the conscience clear? God pleased? and such assure themselves they have not sinned, in this, nor sold their souls with their sales unto the devil for filthy gain? And, by our laws a great number of the best of our spiritual livings are taken from the Church, and many spoils and wrongs unto the Church, under the name of Customs, compositions, prescriptions, and other like titles, all countenanced by law, are upheld and borne out; which yet, as I * In my twofold Tribute. and others * As Master Carlt. in his treat. of Tithes. D. Ridl. in his view of laws. Mr. Butl. in Fem. Monar. D. Gard. in Scourge of Sacrilege. Mr. Sklaters Min. portion. Mr. Roberts in The revenues of the Gospel, etc. more learned than I, have in our writings formerly published proved and showed, and (in a manner) all the godly learned of the land do hold, ought not to be done, but are sacrilegious, ungodly, injurious, and unconscionable courses: for the not reforming whereof by law, God no doubt is highly displeased. So that besides reason, very experience referred to due examination, doth necessarily infer and inform us, That it is not always pium & tutum: good and safe to walk by the way of human laws. Men be but men, and may miss. Neither their multitude, nor their magnitude: neither their place, nor their purpose: their wealth, nor their wit; no, nor their piety or their policy, can secure us, that they have not erred. Wherefore we must know, that as in things Divine and Ecclesiastical, our obedience to the Laws, and ordinances of men, aught to be but quátenus, so far forth as the command is not against God and a good conscience: so in things human and temporal, our practice and conformity must be with such limitation as exceeds not the rule of Equity, crusheth not the vein of true justice, and crosseth not the right form of sincere carriage here prescribed us by him that could not err. A Christian sustaineth a double person, that is, of a Moral man and of a Divine. And therefore he must so satisfy the one, that he may also condignly represent the other: which can only then be, when he doth so conform himself unto, and follow the directions of men, that his conformity thereto be always subordinate and agreeable unto the precepts of God. It is sufficient for a friend, that he be a friend Vsque ad arras; and as much as can be required of a Christian, that he obey man in Domino, 1. Pet. 2. 13● in the Lord, and for the Lords sake, endeavouring in all things to keep a good conscience both toward God and toward men. Acts 24.16. We do live (God be praised) under so happy a government, that we may boldly compare with any else, for multitude and goodness of Laws; but yet it would be (I suppose) a hard task for any to undertake to prove them all, every one in particular, so currant and absolute, that none of them need, nor can be amended: and it is more I think then is expected at any man's hand, to receive them all, and to practise them every one without any caution or scruple at all, none otherwise then a man may or must the very laws of God. But in as much as the Laws of Nations and several Countries and Dominions are not all alike, but do fall far wide each of others perfection, and the best of them, of that which Gods Law doth require; the rule we seek extending to all as well as some, I may safely conclude, The Laws of men, in every several country for itself, Neither are, nor can be any settled or certain Rule, for those that be or live therein, in this behalf. And thus for the Negative, we may partly see, (for since via erroris multiplex: the way of error hath many by-ways and turnings therein, happily I have not remembered all,) What is not the right sense. Let us now for the Affirmative consider what is or may be the right sense and true meaning of these words. Affirmatively Which as the words themselves do plainly sound, The right sense, viz. As we would others should do do to us. may briefly be explained and expressed thus, that is: Whatsoever you being well advised and rightly moved, would wish, desire, or expect, that any other, friend or foe, near neighbour or stranger, if they were in the same case and state toward you, as ye are toward them, should by thought, word, or deed, for body, goods, or name, perform or offer unto you, that even so, and none otherwise but so, you likewise at all times, and in all things do and offer unto them. This being the true sense of the words, thereby it appeareth: That every man is to measure by himself, what is good for another: and to judge by his own heart and desire, what he ought to do to another. Wherein this Caution only needeth to be observed, A Caution: so as our will be just, reasonable, and orderly. this limitation allowed, which thing also the words above do sufficiently intimate, That we understand it not of every will and desire, as of lawless and inordinate lust, but of such a will only as is reasonable and just, lawful and well ordered. Which, the Ancients above any other, so carefully respected, that in manner, it only they insisted upon: and accordingly for the better expressing of their mind, and explaining the sense of the words, they did sometimes read the Text thus: Omnia igitur quaecunque vultis ut faciant vobis homines Bona: Therefore whatsoever good things ye would that men should do to you, the same do ye to them likewise: or else leaving out the word Bona, which they knew to be in none of the Originals, they did otherwhiles in their explications use a distinction upon the word vultis (ye will) as ambiguous. Thus Saint Aug. Id. n. quod dictum est. S. Aug. de serm. Domini in monte. lib. 2. c. 34. Quaecunque vultis, non visitate ac passim, sed proprie dictum accipi oportet: Voluntas namque non est nisi in bonis. Name in malis flagitiosisque factis Cupiditas propriè dicitur,. jansen. Com. in Concord. evang. cap. 43. non voluntas, etc. That is, For that clause, whatsoever you would, must be taken not as usually, and in most places it is; but properly. For Will is not but in good things: but in wicked and flagitious facts properly Lust is said to be, not will. Not that the Scriptures do always precisely so speak, but where it is needful, they do so keep the word in its strict sense, that they suffer not any other but it to be understood, etc. By which exposition he will have us to understand, that our saviours words must be understood, not largely of any kind of will, good or bad, right or wrong, but strictly of such a will as is just and good, such as properly and sincerely our will ought to be. Many desire evil unto themselves, Examples. Perkins in loc. p. 460. Fer. in loc. fol. 119. Hun. in loc. pag. 219. & others. as, Children that they may have their wills, to take pleasure, and not to be held to good education: and idle persons, for they would not be set to work. It follows not therefore, either that they should have their will now, or that they in time to come, aught to do to others according to that disordered and corrupt will of theirs. Again, the malefactor that is punished for his evil deeds, his robbing or stealing, his murder or treason, his violence and wrong, his filthy life and lewd courses, his foul tongue and slanderous speeches, and in a word, for any evil that he hath committed, would that he might escape: but must the judge and Officer therefore spare him, because it is likely, if the judge were in the malefactors case, his will would then be, as that man's is? God forbid. More: A father would have his child honour him, a Prince his subject to obey him, and may justly say, If I be a Father, Mal. 1.6. where is mine honour? If I be a Lord, or a Master, where is my fear? if a Prince, my Obedience? But it were absurd to understand, or infer therefore, that the Prince must obey his Subject, the Master do service to his Servant, or the Father honour his Child, because the words be, He must do, as he would be done unto. For, Christ in whom was no sin, questionless is no Patron for sin, nor maintainer of unlawful or disordered desires or deeds: And therefore his rule must be understood to hold only in things just and lawful, virtuous and necessary; and be limited to such deeds or desires only, as are honest and good, right and orderly; proportionable unto, and befitting the person and calling of him whom they concern; and lastly, rectified and reform either by grace and the word of God, or at least Nature's true instinct and a good conscience. All this is confirmed by our saviours own words other where; Math. 22.39. namely, Math. 22. where he doth abridge the second Table of the Decalogue into this Compendium, Diliges proximum sicut teipsum: Thou shalt love thy neighbour as thyself. Which being but the same in effect that the words now in hand are, (as the Apostle shows, Rom. 13.10. and all good Expositors consent) necessarily respects another's good only, and not his hurt. Whence it follows apparently, As that Law, howsoever some have hated themselves, permitteth us not to hate our neighbour, Ephe. 5.29. because properly and naturally no man hateth his own flesh, but loveth and cherisheth it: so this, howsoever some men may will evil to themselves, permitteth us not to do evil to others, because properly and naturally every man desireth those things only to be done unto him, which are profitable and good, just and right. And thus taken with his due limitations, this rule is a direction so equal and just, so perfect and absolute, as none more indifferent and right, Chrysost. hom. in Math. 7. Ludolph. de vi. Chr. par. 1. c. 39 more fit and reasonable can possibly be found. For if every man could and would truly and sincerely consider what he would be content, the case altered, that another should do to him, and then do the same and nothing but the same unto another, he should never do amiss. The very lack, and the only want of which consideration and course in men's proceedings and dealings one with another, is one main and ordinary cause of so much violence and wrong, deceit and fraud, slander and reproach: and in a word, of all the unjust and injurious dealing, the unhonest and intemperate courses that be in the world, while men can consider and conceive rightly enough, what they would have other men to do to themselves, but not versa vice what they ought to do to others. And to this purpose it hath so well liked all indifferent and honest minds, Zepper. de leg. l. 1. c. 5. that many notable and worthy Lawmakers and Governors aswell human as divine, Hun. in loc. pag. 219. & others. heathen as Christian, have held it The ground of their Laws, and propounded it to themselves as their principal rule, after which they framed no small part of their laws and legal proceedings. Among whom worthy special remembrance is Alexand. Severus the Roman Emperor, An History. of whom Aelius Lamprid. relating the manner how that Caesar was wont to deal with offenders, Ael. Lampridius. writeth thus: If any man had turned out of his way into another man's possession to take spoil or pray there-hence, according to the quality of the fact, he was either beaten in his own sight with cudgels, or scourged with rods, or put to death: or, if happily the dignity of the person overswayed these penalties, he was sharply rebuked, the Emperor himself saying unto him, Visne hoc in agro tuo fieri, quod in alieno feceris? Wouldst thou be content another man should have made such spoil & waste in thy ground, or in thy vineyard, as thou hast done in this man's? etc. And he did often utter that notable sentence, which he had learned of some Christians, to be one of their laws: and when he corrected any, he commanded it to be proclaimed by a Crier, Quod tibi fieri non vis, alteri ne feceris: what thou wouldst not have to be done to thyself, that do not to another. Which sentence (saith he) he so much delighted in, that both in his palace at home, and in public places abroad, as of judgement and other like, he ordained it should be written up or painted, for all men to read and do thereafter. And (as other have it) he being no Christian, for it alone much favoured the Christians, affirming often, that those men could not be bad, that had among them laws so good. Of the hardness and difficulty to perform this precept no man hath need greatly to complain, seeing no more is required at his hands to be done to another, than he desireth & judgeth fit another should render unto him, the performance whereof can be no harder for the one, than it is for the other. Rather it will behove every man, as of a precept most plain and pregnant, most just and necessary, to be take himself with all sedulity and readiness of mind to the performance and observation thereof. It is a part of our human corruption and homebred (or rather inbred) imbecility, while we should be studying how to do that which is commanded, and fulfil that is taught us, to be thinking on excuses for our negligence, and defence of our transgressions. But the issue thereof will be, only to take from us all just excuse of our disobedience, and to convince us to have had more knowledge than love of well doing: and greater ability than purpose, strength then desire to keep what is prescribed us. The Use of this Law (our fourth principal point) is manifold and exceeding great: iiij. The use: in regard, but for avoiding Prolixity, and that which comes thereof Tediousness, I will reduce it unto a twofold consideration only, that is, of the 1. Law of God. 2. Laws of men. In regard of the law of God, 1. Of the law of God. as it is the sum both of the Law and the Prophets, so it serveth well as a remedy and an help against the largeness and the hardness of them both. For whereas the Law and the Prophets contain many volumes of writings, too much to be of every ordinary head comprehended and kept in mind and memory, Perkins in loc. p. 460. the sum and substance of them both, Hunn. and others. is so contracted into this Compendium, that therein alone is contained and enfolded as the quintessence of that greater mass, the very sum and effect of all that which in those many and larger Books and writings, exhortations and dehortations, Laws and ordinances is explained and enlarged. And whereas many places, sentences and words in the Law and the Prophets be dark and obscure, hard and intricate to be understood and expounded, the sense of them all may be found in these few words alone, as which do contain whatsoever in them or any of them is intended: assured, that only is and must be the true sense thereof, which acordeth, as the work to the rule, with this Ground of laws, and foundation of equity. This use is plainly delivered us by our Saviour himself in the words annexed, Math. 7.12. Haec est n. Lex & Prophetae. This is the Law and the Prophets. By which clause he doth clearly intimate, that all that is contained in the Law and the Prophets concerning our duty unto man, is but as it were so many several and particular explications, members, branches and clauses of this one principal precept and original statute, Do to others, as by others thou wouldst be done unto. And therefore he that knoweth this, knoweth all: and he that doth this, doth all that in and by them to that purpose, is more at large taught and commanded. Object. If this be the law and the Prophets; (for so be the words) and this be (as I have said, and happily soon will be granted) so plain and easy to be understood, what needeth then (may some say) so much teaching and preaching? Perk. in loc. p. 474. A great many Sermons might be saved, and less Service a good deal well enough suffice. This charge and cost to maintain Ministers and Teachers, Scholars and learning, etc. is it not superfluous? As judas said, when he minded his purse, howsoever he pretended the poor, so may not we, Math. 26.8. Quorsum haec perditio? What needeth all this waste? For all that they can say and teach in their so long and so laborious Sermons, words and works, it is all but this, Do as thou wouldst be done unto: And this, I trow, one man may tell and teach another quickly. Who cannot learn this without any great labour? and therefore their pains and their place too may be spared. Farther, what need so many laws and statutes? so many proclamations and edicts? so many Canons and Constitutions to be enacted, made & published? Kings and Princes, Governors and Rulers of Kingdoms and Countries, of Commonwealths, and cities, have taken more labour (belike) than they needed, and troubled themselves very much without any great cause, in making so many laws and ordinances, in enacting so many statutes, and publishing so many orders and decrees, when it might have sufficed to have proclaimed nothing but this, Quaecunque vultis, etc. But take heed, Answer. take heed I say, of such suggestions. This wisdom descendeth not from above, jam. 3.15. but is earthly, sensual and devilish. Such as so reason, and so speak, if they think as they speak, do not despise men but God, 1. Thess. 4.8. and presume themselves to be wiser than he. Perk. in loc. pag. 468. and others. For, first of all, That which is contained in this law, is but so much only as concerns our disposition and conversation unto man, that is, the observation of the second table of God's law, which is but the one half and that the lesser and inferior half of the whole. For we owe beside this, as I think every body knows, a duty also unto God, which consisteth in the profession and practice of true religion, according to the tenor of the first table of God's law, of all which this rule hath not a word. Be it then, that for our duty toward men, this law, this abridgement of the second table might suffice, yet for our duty to God, we must have a further direction, and other helps. And therefore, if not in this, yet in that regard at least the labour and diligence of the Ministers of the Church is most necessary, and the use of knowledge and learning exceeding expedient. 2. If this alone were instruction sufficient for our duty unto man, than did God the Father very much forget himself (with reverence of his Divine Majesty be it spoken) in that he did command and send forth his Priests and Prophets from time to time to set forth to the people, in their many and large speeches and exhortations, not only such things as concerned Gods worship alone, but also and withal, those and so many of those that concerned our duty unto man. Neither did the Son of God well, that he would give this in charge to his Apostles, his Ministers and Preachers of the Gospel, to call the people to amendment and newness of life: to exhort them to all and singular particular duties: & to insist no less on these kind of doctrines then on those which pertain to religion only. 2. Pet. 1.21. Nor yet the holy Ghost, by whose inspiration all scripture was written, in causing the Law and Prophets, and a great part of the new Testament too, to be penned and published in so many and so large volumes, as out of which might have been left all whatsoever concerneth this point. And it is their fault likewise, that so many kings and princes, so many governors and rulers among the people, have been so laborious in penning and publishing good and wholesome laws aswell for our conversation as for our religion. For had they not had both precept and precedent from them, no doubt they would have been more sparing and less diligent that way. If these things may not be imagined without despite to God, and blasphemy against the most high, as indeed they cannot, then are all those objections and cavils both vile and vain. 3. Let us consider well, first the native dullness of man's heart, and the blindness of his understanding, specially in spiritual and good things: and then the perverseness of his will, the backwardness or rather untowardness of his nature, unto either godliness or goodness: so shall we see, That not only this Law alone is not sufficient, unless it be to his condemnation, and to take away all excuse from him, but likewise that all those helps, which God knowing our wickedness & weakness both, hath added thereto, out of the Law & Prophets, in the use of his word & ministery, and in the care and endeavour of the higher powers by human laws and policy, are all little enough. For though it be true in general, That for our duty one to another, This is the sum of all that can be said, yet when we come to particulars, how few be there that can or at least that will conceive when they do, or do not accordingly? No man almost will yield that he doth amiss, unless he can be convinced thereof by some express commandment or law. Nay, when as men are so crafty in wickedness, and so ingenious and cunning in evil, that they can and do devise daily new shifts and subtleties, whereby they do wrest the law of God, delude the apparent sense and meaning, and avoid and frustrate the intent and penalty of many an human law; what boldness, what rashness, would they not adventure upon, if there were no particulars at all, nothing but this general Compendium to be their guide? I report me herein to every man's knowledge, and most men's practice. Who is he, that can not tell you at his finger's end, how another man should use him, and what he should in this and that case do to and for him: but change the person, and say to him, as Christ to the Lawyer, Vade & tu, Luk. 10.37. & fac similiter: Go thou also, and do likewise; do so to thy neighbour too: then the case is altered. Of examples in this kind, the world is full. Then for the other point, I mean our perverseness and unaptness unto good, who sees not, who knows not, That neither the instructions & directions, the exhortations and admonitions, the reprehensions and comminations of the Prophets, Preachers and Ministers of God, some while with the sweet promises of God's mercies and blessings persuading and alluring: some while with the sharp threats of God's judgements and cursings terrifying and enforcing: nor yet the ecclesiastical censures of the Church by suspension, excommunication, aggravation, deprivation and other like on the one side; or the temporal punishments by the purse and pains, by prisonment and banishment, by tortures and torments, yea, or death itself most sharp and shameful on the other side, can so bridle and contain men within the lists and bounds of their duties, but that still, as daily we see and hear, some or other do and will break out of order: what then were to be hoped or expected, if those helps and spurs to virtue and goodness, and those stays and stops from vice and wickedness were away? That therefore which these say, This one sentence were enough for all; Do as thou wouldst be done to, is easier uttered then proved, and sooner said then performed. It were enough, if every man did, or could, or would understand and apply it well. It were enough, if we were all as prone and apt to good, as we are to evil. But being, as we are, so blind and bad, both this short remembrance, and those many and long additions and helps are (for their success and operation) all too little and too few. Wherefore it is our duty indeed seriously to consider, and ingenuously to acknowledge Gods great mercy and providence toward us, in affording us so many furtherances and means for our good, and carefully and thankfully to make use of them all accordingly: especially and by name, of those two principal brethren the Magistracy and the ministery, which the one with the word, the other with the sword, the one spiritually, the other corporally, do so much further and avail to the public and private good of all, that the two eyes, and the two hands of the body natural and organical, cannot be thereto more beneficial and necessary, then are those two to the state and stay of the body political and mystical, and of the life civil and spiritual. 2 Of the laws of men. And thus much of the first use of this law, which concerneth the law of God. The other use concerning the laws of men, is not indeed, as the former, expressed by our Saviour, Zepper. de leg. lib. 1. cap. 5. & 13. l. 5. cap. 14. but in as much as all human laws either have or aught to have the law of God their foundation, and are, or aught to be derived, as rivers from the fountain, from this Original, it doth necessarily follow, that the use of this law no less extendeth unto these of men, then unto those of God. This use is also twofold, And that 1. For Precedent. that is, for Precedent and for Precept. For first, This Law of Christ, is a precedent or pattern, by & according to which the laws of men ought to be form & made. In the which if men will consider what I have before partly observed, that is, for the manner, the Brevity and Per spicuitie thereof, for the matter, the Necessity and Equity thereof; they may easily learn, That, according to this pattern, their laws ought to be, brief and plain; necessary and equal: for such is this, as we have already seen. 1. They ought to be contrived succinctly and briefly. That they be brief. Brevity is either in the whole corpse of the law, that it be reduced to a compendious form, and convenient number: which shall be the better had and held, if the superfluous & unnecessary particulars and clauses thereof, withered by age, impertinent for use, unnecessary for the place, unfit for the time, etc. be pared away. Or it is in the particular laws themselves, that they be conceived in such apt and concise terms, as may only suffice to express the mind of the lawmakers, and may better resemble the Majesty of a Commander, than the manner of a Commentator. Legem, Seneca. epist. 95 brevem esse oportet, quo facilius ab imperitis teneatur: vel, ut emissa divinitùs vox esse: jubere, non disput are debet: A Law (saith Seneca,) must be brief, that it may the more easily be conceived and remembered of the unskilful: or, as a word from heaven uttered: It ought to command, not to discourse, or dispute. Plain. 2. They must have as much perspicuity and plainness as may be. Perspicuity, is either in the words themselves, wherewith the law, or in the language wherewith the words of the Law are expressed. Ridl, View of laws. pag. 198. If the one be such as is familiar and natural to them, and the other such as is plain and easy to be understood of them, for whom the laws are made. If a trumpet give an uncertain sound, 1. Cor. 14.8. who will make himself ready to the battle? Needful. 3. They must be needful and necessary for the time and place wherein they do live for whom they are made. The due regard whereof cannot but require many repeals and alterations, many qualifications and exceptions, to be made from time to time. Legum etenim humanarum tanta varietas, Zepper. de leg. lib. 1. cap. 10. & lib. 5. c. 8. imperfectio, & instabilitas est, ut singulapoenèiam non secula amplius, sed lustra ferè, novas leges, restrictiones, ampliationes, modificationes novas, etc. ferant & importent. For (saith one) So great is the variety, imperfection and unstability of human laws (and affairs) that not only every age, but also every other year in manner, they admit and require new laws, restrictions, and extensions, new qualifications, & c. to be had and made. Equal. 4. They must be equal and indifferent. And this aswell in respect of the persons, indifferent to all, not easing some and grieving others, nor respecting these and neglecting those, as if they were aliis matter, aliis noverca: to some a mother, to other some a stepmother: as of the penalty, which must be such, as may by the sharpness & severity thereof suffice to contain those within their bounds whom precept alone cannot prevail withal, and not by the lack or levity thereof, as if they were counsels rather than laws, open gaps and leave way at will, to those that will violate and break them. Cicero ad Brut. ep. 2. Salutaris severit as quam dictat communis ratio, & ordo publicus postulat, inanem speciem clementiae vincit: For, Wholesome Severity which common reason appointeth and public order requireth, easily putteth down the vain show of Clemency, as saith that worthy Politician Tully. Secondly, 2 For precept. as it is a precept, the use thereof concerneth, 1. the executing, 2. the usage, 3. the want, 4. the ignorance, Concerning. and 5. the defects of human laws. 1 The executing. In executing laws already extant, this Rule of Equity doth require, That such fidelity and sincerity be used, that the laws may have their due course and effect: which is, to maintain virtue and suppress vice, Zepper. de leg. lib. 3. cap. 7. pag. 200. defend the good and correct the evil: that the common good be sought and preferred: that partiality and respect of persons be avoided: that the Law be not wrested, nor true judgement perverted: that justice be not denied or delayed, that none with unnecessary suits or unreasonable expenses be vexed and consumed, Pag. 779. etc. Which courses, if Magistrates, if Officers and others to whom the managing of the laws is committed, do not carefully and constantly observe, in vain do they pretend, that they due to others as they would be done unto; and they well deserve to be numbered among those, which as the Prophet saith, Convertunt judicium in absinthium, & justitiam in terra relinquunt: Amos 5.7. turn judgement into wormwood, and leave off righteousness in the earth. 2 The Usage. For the usage of Laws by such as take the benefit thereof, it is too truly observed, and too often seen, that diverse that do go to law, do egregiously abuse it, Zepper. de leg. lib. 5. cap. 11. in that albeit they know in their own consciences that they have a bad cause, yet will needs proceed; or not respecting, whether their cause be good or bad, will not be quiet: and this, either upon a vain desire and devilish delight they have to be quarreling; upon which noxious humour they do feed themselves & live none otherwise then doth the Salamander by the fire, as who be no longer well at ease in themselves, then while they be at trouble & variance which others: or for that in the abundance of their malice and hatred toward them, (for they can not go to law but with a spiteful mind and malicious spirit) they desire to plague the adverse parties, to vex them extremely, to make them spend their money, and, if they can do it, to undo them: or for that trusting in their own subtleties & crafty heads, they take a glory, that they are able by some or other indirect and cunning courses, to make an ill cause (seem) good: to blind the judge, & cast a mist before wise men's eyes, that they may not (easily) see what is truth & right: or finally for that counting themselves wronged and discredited, if any cause good or bad go against them, they resolve never to give over, while possibly they can find any delays, any shifts or devices whatsoever, till they have so worn & wearied out their adversaries, that at length, they must be enforced to forsake & give over their good cause and just title. But detesting such wicked, unconscionable and profane courses, too common in these our evil days, we must know, That then only (in this respect) we do as we would be done unto, 1. Tim. 1.8. if we use law, which of itself is good and holy, if a man use it lawfully) not as fools and children do their daggers, which are out at every fly, but as wisemen do their armour, that is, as our last refuge, when all other and easier helps do fail: If we make it not a rigorous judge to revenge our wrongs in the highest degree & sharpest measure, but an indifferent arbitrator, with all lenity and moderation to decide a cause, or resolve a question twixt us and our neighbour. Lastly, if we reckon him we contend and go to law withal, not our enemy but our friend, considering as we should, it is the cause and not the party, the matter not the man, we must prosecute and have to do withal: and accordingly therefore do so deal with him and follow the suit, that it may appear, we seek not his trouble but our own ease; his loss but our right; nor have any mind or delight to vex or hurt him, but to quiet and benefit both him and us, him as well as ourselves. 3 The want. For the want of Laws. If there fall out, as oft there may and doth, any new case, in which there is yet no national, Perk. in loc. pa. 460. no positive law enacted; till this be done, for supply thereof, we must have recourse to this Ground of laws, and in that case, so do, and so deal, as it doth inform us: Assured, we cannot do amiss, so long as we do not decline from this. A man may not think in such an Accident: There is no law for it, no statute, no Act of Parliament, therefore I will do, or I may do, what I list. No: If there be no statute or law for it made by man, yet here is a Law, which will tell thee, if thou wilt hear it, what thou oughtest to do: and will convince and condemn thee for a man unjust and wicked, if thou hear it not. 4 The ignorance. Against the ignorance of Laws. Suppose a positive Law or Constitution is extant in this or that case, but it is either so large that thou canst not comprehend it: or so intricate and obscure that thou canst not understand it: or so far out of mind that thou canst not remember it: in such a case, have thou recourse to this law and general rule, and it alone shall suffice. This will suggest unto thee the same in effect, which that positive law thou seekest for, or understandest not, if it be just & good, would direct & inform thee more at large. A ready way to save a great deal of that cost and waste, which is vainly and needlessly many times (what if I said wickedly also?) bestowed on counsellors and other Lawyers, who rise apace by the falls of litigious men, that either ignorant of law, or negligent of right, choose rather to be acquainted with the subtleties of men, than the sincerity of God; and care little what equity & a good conscience doth require, so as they may find out some acquaint quirk, or nice evasion in Law for that they desire. 5 The defect of human Laws. Sometimes there is in some Law or Statute a defect in words, matter or other like. Let it seem much or strange to none, that I lay such an imputation on the laws of men. Zepper. de leg. l. 1. c. 5. & l. 5. c. 10. For as in other human writings, so in laws too, doubtless by reason either of the weak apprehension, contrary opinion, corrupt affection, or other human infirmity of those that make laws, Who are all but men, some fault and error, some want and imperfection may sometimes be found, which time and truth having better examined, do discover to the same or other men's eyes. Sometimes also, the very alteration of times, and therewith the state of things not foreseen at first, nor happily to be foreseen by human reach, may breed a defect where before was none. To help this, the best remedy for the present, is, to have recourse to this Law of Laws, which apted to time and place, to occasion present and urgent, will inform us to supply in ourselves, what is defective in our laws, and to carry our actions aright, when the laws do carry them awry. These things (though but briefly) observed, concerning the use of this principal precept, I may by good consequence conclude, That in truth it is not so much the multitude of laws and variety of precepts human that are necessarily required unto virtuous courses, and to light us the way to well doing, as, (having ever in our minds, and before our eyes this sum of all, for an infallible rule in all our doings) the care and endeavour to practise well thereafter, and to conform thereto, both our lives & our laws: which will and can then only be upright and good, truly just and honest, when as they and it do well agree and suit together. It is recorded of a certain Philosopher, Aristot. apud Laert. l. 7. c. 14. & Aristipp. apud. cund. l. 2. c. 8. that asked on a time, What he had gotten by that kind of study? (Philosophy:) he answered, Inprimis summum hoc, Quòd quae alii non nisi legibus coacti faciunt, sponte faciam: This principal and special good; That those things which others do by compulsion of their laws, I can do of mine own accord, without any laws. What he as a lover of learning with some good reason did ascribe to his human studies, that with reason far better, (this one heavenly sentence, as a gem most precious the stones in the streets, surpassing all natural and Moral precepts of men) we may attribute to this divine Oracle and absolute law of our heavenly Lawgiver, the Son of God, as which without all doubt, is of that weight and worth, that if it only were ever had in mind: if it only about all our actions, were duly meditated upon, and sincerely put in practice, it would better guide us, Nowell. in Decalog. pag. 37. and more prevail with us unto true justice and well-doing betwixt man and man, then without it, all the laws, decrees and constitutions of men can do: which for the most part do little avail, wheresoever of this one Law and principal ordinance divine, there is among men no due regard. Having thus considered the uses to be made of this law, v Some Application, viz. if I should now descend by way of Application to a several examination of all particulars, to see how conformable and suitable thereunto the actions and dealings of men of all sorts are carried, I might sooner find where to begin, then where to make an end, and rather satiate then satisfy the industrious and godly Reader: yet as well to satisfy somewhat my promise in the beginning, as also to open at least a way to this work, that every man may take occasion in his own practice and state of life thereof to consider, I will add something also in this kind, answerable to that already said. 1 In general touching our laws needing some reformation. For Precedent, touching the making or amending of (Our) Laws, I will of myself, (that so I may contain myself within mine own bounds) say little or nothing, but only refer the honest and godly minded Reader to these considerations following. First to the words of his most judicious heart and head, in whose hand it is, above any one else, to help it too, and who will, I trust, in time see that somewhat done, which heretofore so earnestly he hath wished might be done. I could wish (saith he) some three things specially to be purged and cleared in the common law. The King's majesties speech at white hall. Anno. 1609. First, I could wish, it were written in our own vulgar language: for now it is an old, mixed, and corrupt language, only understood by Lawyers, whereas every subject aught to understand the law under which he lives. For since it is our plea against the Papists, that the language in God's service, ought not to be in an unknown tongue, according to the rule in the law of Moses. Num. 15.38. That the law should be written in the fringes of the Priest's garment, Deut. 31.10. and should be publicly read in the ears of all the people: so me thinks aught our law to be made as plain as can be to the people, for that the excuse of ignorance may be taken from them, for not conforming themselves thereunto. Next, Whereas our common law hath not a settled Text in all Cases, being chiefly grounded either upon old customs, or else upon the reports and cases of judges, which we call Responsa Prudentum, I would wish that some more certainty were set down in this case by Parliament. For since the very Reports themselves are not always so binding, but that diverse times judges do disclaim them, and recede from the judgement of their Predecessors, it were good, That upon a mature deliberation; the exposition of the law, were set down by Act of Parliament, and such Reports therein confirmed, as were thought fit to serve for law in all times hereafter: and so the people should not depend upon the bare opinion of judges, and uncertain Reports. And lastly, There be in the common law diverse contrary Reports and Precedents: and this Corruption doth likewise concern the statutes and Acts of Parliament, in respect there are diverse Cross and Cuffing statutes; and some so penned, as they may be taken in divers, yea, contrary senses. And therefore I would wish both these statutes and Reports, aswell in the Parliament as common Law, to be once maturely reviewed, and reconciled. And that not only all Contrarieties should be scraped out of the books: but also that even such penal statutes as were made but for the use of the time, (from breach whereof no man can be free) which do not agree with the condition of this our time, might likewise be left out of our books. And this Reformation might, (me thinks) be made a worthy work, and well deserves a Parliament to be set of purpose for it. Secondly, to the judgement of former Parliaments, which so oft, as a matter very serious and needful, viz. An. 25. & 27. & 35. Hen. 8. and An. 3. Edu. 6. enacted, That the King should have Authority to assign a certain number of his subjects as well spiritual as temporal, learned in the laws of this Realm, to examine certain laws, then and yet in force, to the end that such of them, as the King and the said persons, or the more part of them, should adjudge worthy and convenient to be used and obeyed, might be executed & continued, & the rest to be abrogated. Babing. in Gen. c. 47. Thirdly, to the continual spoil, waist and impeachment of the Churches in our land, which (as is too apparent to the eye of all that will see) daily increaseth and spreadeth itself like a wild canker in the flesh, that it is likely in a little time, if due & speedy remedy be not provided, so to consume and ruinate them all, that little more (as in many places already (alas) doth appear) than the bare name shall be left remaining. Postnati. pag. 47. And lastly, to the very nature of all human laws, which properly have (as all things under sun) ortum, statum & occasum: Zepp. de leg. l. 1. c. 10. their rising, standing and falling: wherein it is more than probable, that the very alteration of times, and of the manners of people with time, cannot but now & then call for a change. For (to use not mine own, but the very words of S. Aug. as he is cited also to like purpose by that worthy Divine the learned Zepper, Aug. epist. 5. ad Marcellin. ) That is not always true, which some do say, Zepper. de leg. l. 1. c. 11. Semelrecte factum, nullatenus esse mutandum: A thing once well done, is by no means to be altered or changed, because the case of the time being altered, true (or sound) reason doth so necessarily require, that which before was well, to be altered and now made otherwise, that whereas they say, It is not well done, if it be changed chose, the variety itself (of the time) cries out, It is not well, unless it be changed. So that both will only then be right, if with and according to the variety of the time, they be made variable, or to differ each from other. Hitherto S. Aug. These considerations weighed, it seemeth to me, (if it may be free and lawful in a good & honest cause, and in a Christian and religious common wealth, to speak the truth,) That such as have place & power in condendis legibus for forming of laws, do not do as they would be done unto, nor observe that equity, which they ought principally and precisely to maintain, if some thing be not by them done in this behalf, but all things left, as if nothing were amiss, without any reformation or redress. Secondly touching precept, 2. In particular. for particular practice, passing by the manifold occurrents, that do or may fall out betwixt Prince and people, magistrate & subject, man and wife, parents and children, master and servant, teacher and learner, buyer and seller, borrower and lender, lawyer and client, plaintiff and defendant, judge and jury, accuser and witness, neighbour and stranger, friend & foe, with sundry other like, all which ought to be tried by this touch, Do as thou wouldst be done unto: Touching the state and Maintenance of our Ministers: intimating, I will (for brevity and examples sake) insist only on some such as concern the Ministers of our Church alone, and show by some Instances how well or rather how ill, this rule, by our people, toward them, is observed. They are the men, which for the exceeding necessity of their labours, and the singular, yea, unspeakable good that comes unto us thereby: which for the worthiness of their calling & excellency of their vocation, should above many other, 1. Thess. 5.13. be had in singular regard, and accounted worthy double honour. 1. Tim. 5.15. They are the men, unto whom, certain it is, whatsoever wrong & injury: whatsoever force or fraud: whatsoever reproach, or disgrace, contempt or abuse is offered & done, Christ protesteth, he taketh it as done to himself. They be his own words, Luk. 10.16. Qui vos audit, me audit: He that heareth you, heareth me: and, Quivos spernit, mespernit: He that despiseth you, despiseth me. They are the men whom whosoever deals not uprightly & justly withal, it is no marvel, if he do not deal justly and well, conscionably and uprightly with any others. Now how are they dealt with? j What small and unsufficient provision is left and allotted them. First of all, What provision is there made for their maintenance? And what due courses taken that they may be according to their places and calling, their Learning and labours condignly provided for? Is it not too too evident, that the whole land through, near one half (in number or worth) of their livings, are seized into laymen's hands? and the remainder for allowance left them, is so mean and beggarly, that in many places it is not one half, nor a quarter enough for their sustenance? It is true indeed that Ministers have some goodly and sufficient livings left them. But, 1. They are but a few in respect of those of like or more value that are taken from them: and in respect of the remainder of poor and unsufficient livings. 2. They are (all) but such as were left them by the Papists, to whom, though their enemies in religion, they are beholding for provision, as which came to them better (though much rend and mangled) out of their fingers, than it is either confirmed or continued to them by our hands: and who, in this point & practice (if we will give them their due) have showed themselves more sound and constant, more righteous and religious, more reasonable and conscionable than some of us (Protestants) that in profession & knowledge go so far before them. For (if my observation fail me not) there is scant a lay-man found among us, in all this time of the Gospel, that hath (I say not, religiously added & given, he indeed were rara avis in terris, nor I say not wholly, but) conscionably at least restored to the Church any one, or any part of one of those livings, which I will not now say sacrilegiously, but unconscionably sure were taken, & more unconscionably are so held & detained from churchmen: and, so do men seem rather sorry that they caught no more, then ashamed that they have gotten so much from the church, that likely it is, if they (the Papists) had left us those livings three times worse than they did, all had been one; Our ministers must have had but that which had been left, were it much or little, enough or not. Now being thus dealt with, do men herein deal with them, as they would be dealt with themselves? Which of them would think, if he were a Minister, and had but such an allowance: or, had so much of that which properly, and in all right is his, taken and kept from him, that yet he were condiguely, conveniently and minister like provided for? Is it likely, I say, that they which are not content with their own lands and inheritances, though the same surmount hundreds, yea thousands per an. unless they can hide and huddle in among it as Achan his prey, two or three Church-mens livings to boot, josh. 7.21. would think they had reason to be content, if they were in the Minister's place, with those spare leavings, and beggarly scraps, that little piece of a living, which yet many times they can scant (freely) afford them? I do not now make question, whether Tithes be a matter of divine right? and as properly annexed and belonging to the ministry of the Gospel, as once to the Priesthood of Levi? nor do I now inquire, whether things once consecrated to God; and devoted to sacred uses, (as were both tithes and gleeb, and that with bitter and fearful execration against any, and all those that should by laying his profane hands on them, infringe the gift, alienate the right, and convert the thing again to common use,) may yet be devoured with open mouth, and taken away for ever from God and his Church? For these points I refer him that either doth doubt, or would read, to what I and others have already written otherwhere. But I do now ask: Two very necessary questions. Whether in conscience and common equity the Minister of the word ought condignly and competent lie to be provided for, since, though the word of God did (as some dream, and many would fain persuade themselves) provide him of nothing in particular, nor teach that he can demand any thing by name, yet the rule of reason, the ground of equity, and the law of nature doth teach us, Math. 10.10. 1. Tim. 5.18. that The labourer, every Labourer, much more so worthy and needful, so profitable and painful a labourer, is worthy of his hire, such a hire as is fit for such a labourer that is, (to speak in their own terms) to have (at least) a competent living▪ I do ask likewise, Whether that be competent, which in many places is left or allowed him for his living? None I think so profane and void of religion, which will not Verba●tenus in words at least, acknowledge the former: nor any so devoid of reason and common experience, that will avouch the latter. Now, be it that that which once was, and in right still should be the Ministers living, and would, if it might be had, be competent too, be surprised into other men's hands, must he therefore have no living at all? Must he serve and starve? pray and pine? preach and perish, because that once was his, is taken from him? Or rather, ought not in all reason and conscience, in all justice and equity, if not the whole, at least yet so much thereof be restored to him, as is fit, and according to their ow●● phrase, competent for him? When such Alienations were made, was it not ever intended and thought necessary and fit, That the Church should be left so convenably endowed or provided for, An. 15. Ric. 2. cap. 6. an. 4. Hen. 4. cap. 12. Octobon. cap. Quoniam de Appropriate. ecclesiarum. that he that had curam animarum charge of souls there, might be able, 1. to do divine Service, 2. to inform the people, and 3. to keep hospitality? And is it not great reason the intent and mind of the Law, being so reasonable and necessary, 〈◊〉 1. Edu▪ 6. cap. 14. and in the common forms of the Ordinations of vicarages. should rather be urged and observed, than the Letter and Word of the Law, being so far from reason and equity? And if the first Usurpers did this in some measure answerable to the time and Clergy which then was, ought not their successors (be enforced to) do it likewise answerable to the time and Clergy that now is, that so we in these days may have no more cause to complain of such usurpations and spoils than had our ancestors in their times? Or if any where there were ever any thing heretofore, any thing I say, either tithes or offerings, stipend or stay assigned him, and such times there have been, and such cases there may fall out evenin our time, are not his hearers bound to maintain him? and they among whom he soweth spiritual things, to allow him to reap their carnal, in at least a competent measure? Oh that England which professeth the Gospel, An Apostropheunto England. and which by God's great mercy, was so soon, so abundantly and so peaceably above other lands, vouchsafed the Gospel, should to the Ministers of the Gospel, the bringers and Preachers of those glad tidings of her salvation, be so cruel and unkind? Oh that England, which God hath made above many, yea, above any of her neighbours to flow in milk and honey, should as if it were some empty and barren soil, devoid of sustenance for Man and Beast, hold the Messengers of her God, 2. Cor. 5.20. D. Bois Dom. Sexag. p. 260. the Ambassadors of her Celestial King, above any other nation, in so base regard, and mean account, as to suffer them which are worthy by the Lords own testimony double honour, 1. Tim. 5.16. to be so dishonoured and forsaken, that they are (in many places) left destitute even of necessary food and raiment; made daily to strive with neediness and want, the utter enemies of learning and knowlestge; and enforced, King on 〈◊〉 Lect. 33. p. 462. as Clean the●●● the Mill, to put heir hands to many a servile labour and base employment. Oh England mine heart bleedeth, and mine eye weary to see the blindness of thine eyes, and observe the hardness of thine heart in this respect. Alas, to there no Balm in GIlead,, jere. 8.22. is there no Physician there, that the health of the Daughter of my people might be recovered? Could there a day be found, and a way be made, even when thou wast reforming Religion, to deformethe Church? and when thou shouldest have restored the spoils thereof, to make of her a greater prey? And can there since that, in all this long and leisure time of peace and freedom of Religion, be found no way, no means be devised to right her again? and to restore (at least in some measure) those things which by sundry false pretences and many forged cavillations were unjustly and sacrilegiously, Terms of law tit. 51. to the great hindrance of learning, impoverishment of our ministery, and infamy of the Gospel, Math. Westm. stor. hist. an. 1261. joan. Sarisb. de na. curial. l. 7. c. 17. and us the Professors thereof, taken from her? Call to mind the days of old, and ask (I pray thee) the years that are past, if there were not once a time when not only these that now are pulled from the Church, but also all those that yet it hath, were not in her hands? Yet behold the piety of our fore-elders; the zeal and devotion of holy men of ancient time, did in time, and in short time too after the Christian faith received, render unto and confer upon her all those, and that in more ample and seemly form then now she enjoyeth any of them. Why may we not then hope, that if the like zeal unto the truth, like devotion to the Church, and like love unto the Gospel and Preachers thereof could once inflame thine heart and possess thy mind, that it would be as easy at least for our Church to recover that it hath lost, as once to get the whole; and thy people of this age to be as provident and studious of the good of our Church, and Ministers thereof, as those former were of theirs? ij How cruelly and unconscionably Patrons do oftimes handle them. Think we upon the bestowing of those few good livings, and pieces of livings which are yet left us, and what an heap of evils doth there present itself unto us? For whereas reason would, and Religion doth require, that for our better encouragement to Learning, for the better reward and recompense of our time, expenses and studies past, and to the better enabling of us in our places, as well to that holy and excellent work, whereby men's souls are saved, the work of the ministery, as also that, whereby the bodies of many poor Christians are refreshed, the virtue of Hospitality, both so peculiar and annexed to his calling, 1. Tim. 3.2. that as S. Paul, by his description of a good Minister in the house of God, doth seem to intimate, unless he do the one, he is not worthy the dignity, and unless he be given and ready to the other, he is not worthy the degree of a Minister; our livings should be bestowed upon us, Babing. in Gen. cap. 41. D. Bois Dom. Palm. p. 143. & Dom. Trin. 10. pag. 227. Io. Down. of Brib. cap. 1. § 5. & cap. 5. totum. fully, frankly and freely: doth not all the world know, and to the great infamy and discredit of our Church tell and talk, how dearly some of us are oft enforced to pay? how deeply many of us are constrained to engage ourselves and our friends for such things, before we can attain them? Yea, is not this sin come now to that height, that Gentlemen do (and often shame not to glory that they do) make as great profit (though underhand) of their Church-livings, as of any other lands they have? More, that now under name and colour of next advousons the present Presentation is so ordinarily and openly sold and bought, as if Simonse were no sin, and Sacrilege a vice in name but not indeed? By means whereof many times, and of the voluntary (though cloaked) perjury we cast, and they thrust us into, we enter into them like slaves, we live in them like beggars, and we leave them like bankrupts. Do such patrons, such I say, for I condemn not all, though happily they be but a few that are not faulty, patrons in name, latrons in deed, deal with us as they would be dealt with? Would they, think you, think themselves well entreated and handled with equity, if having spent all their time and youth in labour and learning, and wasted of their own and their friends goods no small quantity in hope of Preferment at last, they should either have none at all bestowed upon them, or if any, such only as they must pay for as largely, and buy as dearly, as if they had deserved nothing? And so see their labours, all their labours and their studies, their deserts and expenses so little respected, that for money and rewards, for gold and gain (for Aurea sunt verè nunc secula: ovid. de art. am. lib. 2. These now be golden times indeed, etc.) any unlettered Ass or lewd Loiterer shall be preferred before them? What can pierce the very soul, and even kill the heart of an ingenious Scholar, and ingenuous nature, if not this? Do such discharge the trust of old, partly by the first founders of their church, partly by the Parishioners reposed in them, with that fidelity and sincerity, which becometh, I say not godly & Christian, but even virtuous and honest men? Which of them, Simile. I appeal to their own consciences, if he should betrust his friend by word or will, for the time present, or to come, with the bestowing of his goods or lands, to such and such uses, would acknowledge himself well dealt with, and his friend an honest man, if he should see or know, the same to be bestowed quite contrary in other sort than he intended or appointed? And therefore when as they convert these livings, those goods to their own most profit and benefit, and divert them from those good and pious uses whereto they were assigned, can they say, or with any show of equity and a good conscience, but pretend, that they do but as they would willingly desire to be done unto? Among particulars, The chiefest point of a Patron's duty. it is chiefly required of a Patron that he provide the Church of the worthiest and ablest Incumbent he can procure. But doth he do this duty, and satisfy the charge he hath undertaken, that seeks not who is best worthy to receive such a Living, but most able to give for a Living? And cares not how good, Simile. but how golden he is that seeks it? I would ask such a man, (the comparison is gross, but it is good enough) upon his conscience (if he have any) if he should deliver his own Servant a sum of Money, and bid him with it buy him the best meat for his Table, or the best Horse for his Stable, which he can get for so much Money, whether he would think himself well used, and his Servant an honest fellow, if he should buy, and bring him the worst and least worth of that kind that he can find, and put up into his own Purse, or play away the rest of the money? I need not apply it, it is plain enough, and that such is their common practice no man can deny. Indeed of late these kind of Church-robbers begin to be a little wiser in their kind. For now they have learned forsooth, not as heretofore, to take one of their own serving men, or some Tailor, Cobbler, or other like, that could read a little English, but to seek out some reasonable Scholar, a Preacher, a Graduate at least, which being in want, (for now Learning goes a begging as once livings did) will be content to take what he can get for the present, and counts the entrance into any Living, how bad soever, a stay for the time, and a step to a better. But as it pitieth me to see such men, men I say, for learning and schollershippe worthy better place, fain for very need, (as they that account half a loaf better than no bread) to undergo such extremities, and stain their consciences and their calling in such a sort: so I cannot but condemn such Latrones the more, which for to cloak their sin, and hide their abomination, fear not, shame not, to draw Scholars so good, unto conditions so vile and base, as are too bad to be offered to the oddest and meanest the Country yields. judg. 17.13. These Micahs may well glory among such as be of their own hair, and them that know not chalk from cheese, that they have gotten a Levite to their Priest; but such glory is to their greater confusion and condemnation. Men of judgement do know, that with less sin, they might, as jeroboam, have set up some of the lowest of the people, to fill the room, and serve their own turns withal. 1. Reg. 13.33. When we are admitted or instituted to any preferment ecclesiastical, Lindw. Prou. lib. 2. tit. De Praesumpt. cap. Praesenti statuto diffinimus. Const. and Can. eccles. cap. 40. and as in forms of Instit. to Benesi. doth appear. we must take a corporal oath De Simonia per nos in hac part, vel aliam interpositampersonam, directè vel indirectè non commissa, nec in posterum aliqualiter committenda. Now when they know the bargain, and have not let go the Living, till they have, seeking and waiting who will give most, gotten one that hath, or will satisfy their greedy desire, fain would I know, what conscience, what equity, yea or what piety is there in such men to see us, what in them lieth, run into such wilful perjury? I grant it is our great fault and grievous sin, I speak but of them that be faulty. that we will so miserably for gain, for living, be drawn into so dangerous a course: but out of all doubt, their sin is no less than ours, in that they tempt and induce, they urge and force us thereunto: and, so they may have, (and that they will have of one or other) their covetous humour and sacrilegious desire accomplished and satisfied, care not what becomes of us for body or soul. Exod. 23.4.5. God in his law commandeth, if we see our enemy's ox or his ass fall under his burther, that we help him up: if we see our neighbours, yea, our enemy's beast go astray, that we bring it home again: if not, it shall be sin unto us. 1. Cor. 9.9. Hath God care for oxen? much more than for our brother, our friend. If thou shouldest see a man wilfully go about to cast himself away, Simile as to cut his own throat, oughtest thou not with all speed to thy uttermost, let and hinder him? If not, shall not his blood be required at thy hands? How then canst thou be innocent, if thou shalt see thy brother desperately ready by perjury to destroy his own soul, and shalt not only not reclaim and persuade him from it, but all thou canst, shalt further and provoke him thereunto? And dost thou herein, but as thou wouldst be done unto? Lastly, when they have by some such impious course gotten into their hands the greatest part (or the worth thereof) of that which they should freely and wholly give; and have brought the poor and wretched Incumbent to (a portion of the plague of Elies' house) a piece of silver and a morsel of bread, 1. Sam. 2.36. likelier to beg then give relief, I ask, Have they done to him, but as they would be done unto? Would any of them be content with a half, or a quarter (sometimes not somuch) of his living, and patrimony? and account that he is honestly used, and that no wrong, no injury is done to him, so long as he hath some pittance and little part thereof left him? josh. 7. totum. Nehem. 13.4.7. Oh that these achan's and Tobiahs would once be ashamed of such cruel and unconscionable courses, and learn to deal more justly and uprightly, more sincerely and religiously in this so great and weighty a cause: or if Admonition or Reprehension will not prevail, (and indeed venture non habet aures: it is hard persuading against profit) would to God our laws might be so sharpened as might make them feel the smart of it, Deut, 13.11. & 17.13. and therefore at least to fear to commit any more such heinous sins and abominations amongst us. It was thought, likely it is, at the enacting of them, that the laws already extant were strong enough to bridle such insolences and cut off all such mischiefs; but since dangerous experience (for them notwithstanding, our Churches daily go to wrack and ruin: A very necessary motion. as more then abundantly would appear, if due notice and diligent view were taken (a thing much wished, and exceeding needful to be done) of all such sacrilegious and simoniacal spoils, alienations, usurpations, compacts and conveyances, which since the making of those statutes, have been made and committed, and are yet in esse and being, unpunished and unreformed among us,) hath made the contrary too, too apparent, it cannot but be necessary, that (as in other, and inferior cases many) farther provision be made against those evasions and eruptions, which this kind of covetousness and impiety hath found out and put in ure. iij. When we have Viis & modis by one hard shift or other, Act. 22.28. happily as the Precedent his Burgeship, gotten a (piece of a) poor living; whereas of those Deuce that are yet left unto the Church, iij That their Parishmorsbies customs, prescriptions, etc. do very much wrong and defraud them no small part is, under the name of Customs, Prescriptions, and other like sacrilegious devices, detained and wrested from us: Let men but examine their own consciences aright, whether they would be content, if the case were theirs, so to be dealt withal? What man is there that doth not look to have the liberty, to take the benefit of the time, and to make of his goods and commodities as other men of theirs? What other man would think himself used like a subject, I had almost said like a Christian, if he alone should be enforced, to take for his goods, but as they were worth for an hundred or 200. years ago? to take but such wages for his labour, such pay for his service, as was allotted in like cases six or seven score years ago? Such dealing is offered us daily by many parishioners we have: and yet which of them hath the grace or the conscience to think, Do I do, as I would be done unto? They think they have gaily salved this sore, when they have said; Object. Answ. The Law is so: or, This is the Custom: as who would say, Laws or customs of men could make iniquity to be equity, and sin no sin: evil to be good, and good evil. If it be lawful and just in one, or in some particulars, so is it, so may it be also by Consequ. in all: nor can that be sin, whatsoever it be, extreme neediness, very beggary or whatsoever else, that may or shall thereof ensue. If it be a course conscionably good, and fit for us, thus to be tied to one rate still, why is it not also good for themselves? Is that good for us, which is ill for them? If we must sell them (or let them have) our goods at (the old) a low rate, why do not they also fell to us of their goods, at lest what we, for our necessaries, need to buy, at the like rate, as they have ours? can We alone endure to buy at one price, An. 25. Ed. 3. 12. Ric. 2. 13. Hen. 6. An. 6. Hen. 8.7. & 23. & 24. An. 5. Eliz. c. 4. 1. jac. c. 6. & cap. 25. 3. jac. c. 11. 7. jac. c. 14. & 16. and sell at another? Time was, that by law too, other men were tied to sell their goods and wares at the accustomed and former prices: to take no more wages for their work and service, then as the statute did appoine, and had been accustomed? why were not these laws continued against others, aswell as against us? was there reason? was it equity? Was it necessary upon alteration of the times, notwithstanding any Custom to the contrary, to repeal such statutes, alter such laws, and break or let go such customs for other men, and is there not the like for us? O unhappy men that we are! that all other sorts of subjects, all other members of this common wealth, servants, labourers, butchers, shoemakers, artificers, vintners, husbandmen, & who not? can be provided for, and respected somewhat according to the times; and only we, we I say, that are their Pastors and teachers, that are Ministers and servants of the high God and Saviour of us all, can not once be looked upon, or in any measure, considered and eased? Nor (so hardly are we overborne) must we (if some men's observation fail them not) look for any ease or amendment of these unconscionable and injurious dealings, but account it well with us, if nothing harder or worse be done against us. On a time, A fable. as I have heard it told, A Lion and a man, meeting at a Painter's shop, did both view the pictures there: among which they spied one wherein was painted a man strangling a lion. Thou seest, quoth the man, that men are stronger than lions. But, said the Lion, If Lions could paint as men do, thou shouldest see more men strangled by lions, than lions by men. Apply it well, and this is a true tale still. Object. Some may happily marvel, why now of late, we do more complain of, and repine at customs, prescriptions, etc. then formerly men have done? The reason or cause is apparent. Answ. 1. Because now they are become, through the alteration of times, far more prejudicial to the Church then heretofore they were. While prices of things continued at any indifferent rate, the odds twixt them and the tithe itself, for which they were paid, was not much: but now, the one by many degrees (ten or twelve-fold sometimes) so far exceeding the other, we are not able to bear the inequality and detriment thereof any longer. The truth whereof in this little Table, may easily be seen. Inprimis for grounds, A Table of customary rates. where the Customary pay is but 10. or 12. shillings, per an. the tithe is worth 3. or 4. lib. at least. Item for a goose, pig, lamb, clafe, colt, under seven a qu. ob. ob. ob, i.d. worth at least j.d. ij. d. iij. d. viii. d ij.s. garden,— but orchard acre of meadow. cows milk. j.d. ij. d. iij. d. ij. d. worth at least iiij. d xx. d ij.s. ij.s. Summa, but x. d.ob.qu. instead of ix. s.ij.d. All which rates at first, no doubt, were equal at least to the worth of the thing rated, as to him that is any thing versed in the stories of our land, and acquainted with the course of Tithing in ancient times, may easily appear. A taste whereof (passing by the more ancient years, grafton's Chron. and others. An. 1190. wherein wheat at xuj. shillings, and xii shillings, a quarter, was counted a great dearth: because in plentiful years it was but at xviij, pen. or two. shillings, and in ordinary years at three shillings iiii. d.iiii. shillings, the quarter, 1205. 1286. and by conseq. other things (for back and belly) both at the like rate. For, note it who so will, with corn the prices of all things else, do rise and fall.) the unpartial Reader may take of this one instance, which tells us. That in the time of King Edward the second, 1314. 1336. by a general proclamation (the prices of victuals, belike, beginning, beyond their former and usual rates to rise) strict order was taken, That no ox stalled or corn-fed, should be sold for more than— xuj. s. a fat-stalled cow at xii. s. another cow at x.s. Item that a fat mutton corn-fed, or whose wool is well grown, be sold but at xx. d. a fat mutton shorn at xiv. d. and a fat hog of two years old at iij. s. iiij. d. Item a fat goose but at ij. d. ob. in the city, 1363. at iij. d. a fat Capon at ij. d. but in the City at two ij. d. ob. a fat hen at i. d. but in the city at i. d. ob. two chickens for i. d. in the city at i. d. ob. 4. pigeons for i. d. in the city but 3.24. eggs for a penny, and in the city but 20. etc. These being the highest prices then, what were they, may we guess, in some former years, before they came to this height? And that the succeeding years, from age to age, even till the end of K. Hen. 8. his reign, little differed from those, not only the general report of many aged men, yet, or but lately living, may assure us, but also, besides the history of those times, the sundry statutes from time to time enacted, An. 1436. do declare: as namely that An. 15. Hen. 6. That it shall be lawful to transport corn, when wheat doth not exceed vi. s. viii. d. and barley iij s. iiij. d. the quarter: and that 24. Hen. 8. 1444. That Beiffe and Pork must be sold not above an halfpenny, 1532. mutton or veal not above 3. farthings the pound weight: and that in such places or counties where such flesh is usually sold for less prices, they must so continue. By which little glance over the course of times, even from the Conquest till our age, for some hundreds of years together it appeareth evidently that the prices of things continued at so low a rate, that (as I have said) the tithe thereof could not exceed those customary values, which now appear so unequal. 2. When any custom maketh more for the church then for the parishionor, than we can not hold it. It is then forsooth, Penium in Vatinium right, not a custom, but a Case or some thing else without conscience. As if it were not as good and as great reason, that a custom should stand, when it makes for us, as when it makes against us. 3. Heretofore we had the favour in law, now and then to interrupt an evil custom, so that there was some hope that in time divers of them might have been broken, and we have recovered our ancient right: but now by a new kind of doctrine, & strange sense of the law, the force of them is so confirmed against us, that not only there is no possibility of breaking of any that now stand, but also there is fear, that some of those (I speak but what I know) which formerly were dead and extinct, may be revived again. 4. And generally such way or rather so many ways are put in ure for the engendering & multiplying of this viperous brood, that likely it is, that in time, and that in short time too, all our tithes willbe turned, as already no small part are, into Customs, Prescriptions, etc. All which considered, Let no man blame us, that we so much disclaim them, nor dislike that we so far condemn them: but rather, Let every one that wisheth well unto the church, that hath a love unto the clergy, and desireth the prosperity and furtherance of the Gospel amongst us, join his hand with ours in this so holy and necessary a work, and help what he may, to pull up by the roots these noxious weeds and pestiferous plants, with our heavenly Father never planted, assured, so long as they stand, the church can not but fall, and the more they do increase and grow, the more will both learning and religion fade and decay. We crave herein no other favour nor benefit, than such as in like cases others have obtained at full; and then can by no just reason and sufficient cause be denied us: and therefore do hope, we shall at length, though with much importunity, obtain. The yielding whereof, and so the restoring us all our tithes in Kind, would yield us these great, needful and present commodities. The benefits that would arise of the removing of customs, etc. 1. The minister should have (in most places) a sufficient Living: the on half whereof, and more many times, his parishnors, by your customs, prescriptions, etc. detain from him. 2. The Condition of all places would be alike, whereas now a man knows not, what his living is, how great soever the parish be, till he know, what customs and prescriptions, etc. are there: which commonly, the greater the parish is, the worse, and the more they are. 3. We should be the better able to keep Hospitality and relieve the poor. 4. We should be well able to pay to the King's Majesty his tenths and Subsidies, which now to many of us, is a burden heavy to be borne. 5. We should with the better ease be able to forbear (that whereof there is great need but little hope) the Restoring (I mean) of Impropriations, while as the rest paid us in kind, if the Composition for the Vycaridge be any thing indifferent, would of itself, for the most part, be a tolerable maintenance. 6. Suits for Tithes, would be both fewer and easier. For neither would they be so liable to the common law: nor could they be so clogged with odious and senseless prohibitions, as now they are. These motives being so reasonable, Ridl. View of L.p. 113.115. & the spoils and losses which other ways we do sustain, so great; little can our people do for us, if in part of recompense, they cannot find in their hearts these only viz: our Tithes in kind, to restore unto us at full. iiij That in recovering of their Rights, the difficulties they endure, are very many and extreme. Fourthly and lastly, many times we are by covetous and contentious persons denied our dues, and in forced, if we will have aught, to recover it by force of Law. But then good Lord, what a Labyrinth of labours, what an heap of mischiefs and perils by vexations and troubles, by combinations and plots, by expense and charge, by loss of time and study, distraction of mind and distaste of men, do we cast ourselves into? that better were it many times for us to have lost more than we sought to recover, then to have attempted it: and too late do we repent our infortunate course. Wherein we above all the members of this common wealth, above all the Inhabitants of this land, may justly bewail our misery, and hard condition, for that whereas for our office and callings sake very fit and necessary it were, that our things might, so plainly and peaceably be settled unto us, that we might not need to go to law for them at all; or if, through the perverseness of men, that sometime be requisite, that we might be dispatched with such favour and ease both to our bodies and our purses, as might not either weary out the one, or wast out the other, nor distract us from the performance of our duties. Now alas, so are we vexed with long and tedious suits; so are we crossed with Prohibitions and Consultations, so are we removed from one court to another; so are we driven from one law to another; so are we consumed and exhausted with travel and expenses, as if either men delighted above other to vex us: or cared little what wrong and despite is done us: or were agreed by such extremities so to handle and encumber us, as either they would wring from us, or we should be weary of altogether: this being the ordinary event of our trials, let the case and cause be never so plain and just, that we must return by losers lane, or beggars bush. Happy therefore were we in dieb. illis, when our causes (in manner all) were tried within our own Consistories, and we needed seldom to go farther for trial of our right by day, than we could return home again at night: when ordinarily the charge of a suit was fewer shillings than now it is pounds, and the time not above so many months as now years: when Prohibitions were as rare as now they are common, and the statutes on which they are grounded, had either their names not known, or their sense otherwise delivered. We deny not, but that some Prohibitions, (P. de iure.) be necessary as a pale or partition wall betwixt the 2. jurisdictions, ecclesiastical and temporal, to keep, as banks each river within its own channel; each cause within its own court: and we easily grant that there is and must be a twofold jurisdiction. But till the one be so confined and limited, that it intrude not nor usurp upon the other: and (which is the thing we specially complain of) until the means of Limitation, be only such, or at least only so used, as may perform their proper and right use and original intention, and be not made (as Prohibitions de facto commonly fall out to be) as sluices that convey all water to one Mill, means to bring all causes into one Court, we can hope of no tolerable condition, nor acknowledge that men do to us as they would be done unto. So that (to conclude) better were it for us, rebus sic stantibus, that our causes for Tithes were translated wholly from the one into the other jurisdiction. For than should we not be enforced, as now full oft without any just cause, Cic. pro Murena. jasonlike to run hither and thither to try and take them up piece-meal: and so at least our vexation would somewhat be diminished: our undoing would the longer be deferred. These Christian Reader, The Conclusion with an Admonition. these I say, be some, and but some, of those hard measures and unequal dealings which are offered to us of the ministery. Which who so well considereth off, must needs acknowledge that that rule of Equity, which should guide and order all men's actions, is little observed toward us: that few they be, that do to us, as they would (if the case were theirs) look to be done unto: and the most part are toward us above others, most careless of rendering unto us that double honour, that condign regard and reward, which the Laws of God and Nature, the rule of Equity and true justice requireth at their hands. Oh that England, 1. To England. England, I say would once awake out of this sinful sleep, open her eyes to see this her over sight; settle her heart, and set her hands to reform this evil now at the last. It is enough my dear Country, that all this while thy name hath been dishonoured with this corruption. Return, return therefore yet at the last, Revel. 2.5. and do (those which should have been) thy first works. You lay impropriatours, bethink yourselves, before it be too late, 2. Impropriatours. 1. Cor. 9 v. 11. & 13. Damas. Decret. 3. what it is▪ and whose it is that you keep from the Church. Think with what equity and conscience you can be partakers with the altar, and not attend at the altar? and reap so great an harvest of carnal things, not sowing any spiritual? Think what warrant you have from God, that he is pleased to forego his hallowed things? Leuit. 27.28. and lose his sacred right? and what assurance, that ye shall escape his judgement, and not incur the danger of his curse, josh. 6.15. Mal. 3.8. Capit. carul. lib. 6. cap. 285. Acts 5.1. for laying your profane hands upon his holy things? his so many, and so great things? so long ere you were borne, given up, devoted and consecrated to his use and service?▪ Think well whether it be a truth in Divinity, that without Restitution of any goods unlawfully gotten or kept, Aug. ad Macedon. epist. 54 Latim. on the L. Pr. ser. 5. & 6. there is no Remission? and (therefore) if you will have any hope of pardon, any peace of conscience, any rest with God, whether you are not bound to a Restitution, to some tolerable restitution at the least, of that, which you thus detain? And consider in your hearts, whether you do deal indifferently, with equity and a good conscience, in that you see and suffer, both Pastor and flock, Priest and People, to lie and live in want and need, the one of temporal, the other of spiritual things, you, the while devouring that which should, and would supply and fulfil them both? and which properly and originally was by God and man to that very end and purpose allotted and allowed? At whose hands will the lives & of those men, and the blood of those souls be required? 3. To Patrons You Patrons remember your charge, and endeavour to be, as you are termed, not robbers and spoilers but Helpers, Maintainers, Preservers and Defenders of your churches, and the Rights thereof. Leave off, leave off in time, that buying and selling, that chopping and changing of Benefices, which is now so common among you. Give up, render back and restore again those tithes and portions of tithes and Gleebe, which as sweet and sat morsels, many of you have so greedily swallowed, and most unjustly and sacrilegiously extorted from the Church. Think it not too much to serve God with your own goods, 1. Chro. 21.24 2. Sam. 24.24. and to pay him the tenth of your increase, as well as any other of your parish. Think not that you must, or can have a privilege above the rest to be free from tithing, or exempted from maintaining the Minister. Gal. 6.6.7. Be rather an example unto others of well-doing, and a precedent to the whole Parish of upright dealing and true devotion in that kind. Discharge the trust reposed in you, as becometh honest men, and see that freely and faithfully you bestow that which is committed to your care. As you would be ashamed but once to rob any man by the high ways side, so much more (for of the two this is the greater sin) be ashamed to rob the Minister of the Church from year to year, Fenton on Pro. 20.25. pag. 49. of that which he should live upon. Deceive not yourselves with his consent, which either wickedly for greediness of filthy gain, conspireth with you to work iniquity: or cowardly, as a true man his purse to a thief, yieldeth to you, for fear: or miserably for his need, is contented, as a poor man in his want, to hold his peace, and take what you will spare, and he can get. His consent in this case is nothing, both because it is coacted, and not merely voluntary, and because the right originally is in God, not in him. Think not that Money, that goods so unjustly, so wickedly, so sacrilegiously gotten, Prou. 9.17. can prosper. Stolen waters are sweet: but how long? and hid bread is pleasant: but to whom? When you have stripped the poor Minister of all that he hath, and have brought him to that misery that the jail is ready to eat him; and to that low estate that he cannot possibly, probably at least, recover himself in 7. happily not in 20. years after, do now laugh in your sleeves at his neediness? and make yourselves merry with your prey? Hab. 1.16. Do you sacrifice to your net, and burn incense unto your yarn, because by them your portion is fat, and your meat plenteous? Are you resolved heathenlike, Vespasian. that Dulcis lucri odor, ex re qualibet: gain is good, how ever it be gotten? Yet be you assured, and know it well, ye godless wretches and merciless bloodsuckers, Deut. 24.14. jam. 5.4. Psal. 83.12. Esay 5.8. Am. 8.4. Hab. 2.6. Zech. 5.3. That the cry of the poor, of such poor Ministers & their families, whom you have thus beggared and spoiled, and also of the poor of their Parishes, that should and might, if you had not thus rifled & disabled their Ministers, have been relieved and refreshed by them, doth ascend into the ears of the Lord of Sabbaoth, and will procure a heavy curse, and pull down a hasty vengeance on you and your posterity, that shall root out and cut off from you, Esai. 9.14. head and tail, branch and rush in one day. 4. To Parishioners. Num. 18. Ecclus. 35 9 ad. 13. Ye Parishioners, defraud not your Pastors of their due and necessary maintenance. Let them have those portions, which God out of his own, and not your goods, hath allotted them. Diminish no part thereof by your Customs, Prescriptions, and other like unconscionable courses now adays among you too common, but doing to them as you would be done unto, let them as yourselves do in your goods, enjoy the benefit of the time in theirs. You cannot but know in your hearts and consciences, that it is no more possible for them to live after the rates of former times, then for yourselves: and therefore you ought no more to urge them thereto, than you would be content to be urged to the like: Zanch. de oper. D. lib. 4. cap. 1. thes. 7. pag. 703 Dig. l. 2. tit. 14. De Pact. L. 32. Amb. in 1. Thes. 5. which not one of you would be. Think not you can be excused by colour of custom, or pretext of human law, to break the law of God, to debar them of their due, and detain them in neediness and want. Look not, while they are so evil dealt with, that they should watch well for your souls, or yield you plentiful store of heavenly things. While they do it with grief, Heb. 13.17. and great distraction of body and mind, it cannot but be unprofitable for you. They cannot labour for you, as they might and would, if they had fit and convenient means. Well worthy are you to bear the loss and lack of their labours, and not worthy to reap better fruit, which sustaining such hurt, see the cause, and seek not the remedy; more, are the cause and will not be the amendment. I verily believe, many of you are ashamed to see in what penurious case and needy state (many of) your Ministers do live: and therefore I wonder how either your eyes can be so blind, as not to see, or your hearts so hardened, as (seeing it) not to redress the cause thereof. The law of God bids you: no law of man's forbids you to do it: and yet, as if either you ought not, or else dared not, you leave it undone. In ill doing many of you can be ready to run one before another, and to encourage and draw-on one the other: how cometh it then to pass, that in well-doing all are so backward, every one is so afraid to be foremost, and (in manner) none willing to be a leader, or an ensample to the rest? Be you assured that even in this case too, josh. 24.15. if you will not be of joshuahs' mind, that is, resolved, whatsoever others do, that yet each one of you for his part will do that is right and fit, it will never be well. While you all tarry to look for all to join and go on with you, it must needs be, that all abide in sin and none amendment be found among you. Lastly, Let every man in his several place and calling, from the highest to the lowest, 5. To all men in general. make this Rule the Level of all his actions, his internal & external actions, viz. his thoughts, his words, and his deeds, to all men-ward for body, goods and name. Let him by it examine still what measure it is he doth offer to any other: assured, that only is, and can be the right and just, which is suitable to this rule, and can abide, as good gold the touch, the trial of this stone. Let him offer and do to another no way any thing that is contrary to this course. He doth but deceive his own heart and blind himself, that thinks his own or other men's perverse and disordered wills or desires; other men's doings or examples; any Custom or human law; or any other like precept, can justify or bear him out therein. The Rule is so just and perfect, so plain and pregnant, so large and general, that against it no just exception can be taken, no lawful privilege or sufficient exemption can be pretended. Wherefore, and in a word, as the wise man saith, Whatsoever thou takest in hand, Ecclus 7.36. Remember thy end, and thou shalt never do amiss: so I, Let every man in all passages betwixt him and other men, remember well this one sentence, and do thereafter, Do as thou wouldst be done unto, and surely he shall not, he can not do amiss. Such dealing, such doing shall make equity to abound in the land, and integrity to overflow the earth. It shall make men's works to shine before men: Math. 5.16. and men themselves being blameless and pure, even as the sons of God without rebuke in the midst of a naughty and crooked nation to shine, Philip. 2.15. as lights in the world. Finally, it shall make them of their calling and election sure: 2. Pet. 1.10. and minister to them assured hope, when these their mortal days are ended, with the immortal Angels and blessed Saints, to inhabit those celestial and glorious mansions, and inherit those eternal and unspeakable joys, which there are prepared for those that have done and do here the will, Math. 7.21. even this will of their Father which is in heaven. To whom with his only son je-christ our Lord and Saviour, and the blessed spirit of them both the holy Ghost our Sanctifier and Comforter, three persons and one everliving God, be ascribed and rendered all praise, honour and glory for ever and ever. Amen. FINIS.