A Brief DISCOURSE OF CHANGING MINISTERS TITHES INTO STIPENDS, OR, Into another THING.  
Wherein is showed, 

I. How TITHES are of Divine Right, how not.  
II. How Canonical, Ecclesiastical, Political or Judicial.  
III. How levitical. How Not.  
IU. Not Ceremonial.  
V How alterable, and How Not.    
LONDON, Printed by S. G. for W. Lee, and are to be sold at his shop, at the sign of the Turks-head in Fleetstreet, over against Feterlane end, 1654.   

THE PREFACE.  
THese Quaestiones Spinosae, perplexed and intricate Questions, whilst that they have been by Canonists, Schoolmen, and others curiously and learnedly disputed, the Decision is left by them more dubious than they found them. Which gives occasion to conceive, that there is a greater mystery in searching out the Original Right of this sacred Revenue, than some men of this Age do understand. Who therefore ought to be so much the more circumspect, what they attempt herein, by how much the power of him with whom is the contest, is the greater: For the Dispute is (not inter homines inter se Litigantes; sed inter Deum & Homines not betwixt men, but by men with God. Casus tremendus, non temeritate exequendus; A Controversy to be trembled at, not with temerity or rashness to be determined. For woe unto him that striveth with his Maker. Esay 45.9. Be wise now therefore, Oh you Rulers, and be Learned, ye who are Judges of the Earth. And in such dubious and sacred matters, be sure to give judgement the safest way. For if your Judgement be Erroneous, it is Robbery in the Superlative Degree.  
The last point hath only been touched cursorily, by such who have written on this Subject. And it never was so seasonable here in England, as now, to be treated on purposely. Thou than who shalt be censorious of this Discourse, let it provoke thee to pen a better, in the behalf of thy Mother the Church, which is the only ambition of him who thinks his name unworthy to be mentioned for her Advocate.   

The Contents of this Treatise.  

THe pretences for the Alteration  
God's peculiar Reservation of Tithes to himself.  
God the Donor of Tithes to Priests and Ministers.  
God's Assignation to the Levites pro tempore.  
Tithes Reverter to God after the levitical Law ended.  
Opinions of the Quo Jure of Tithes.  
The alteration, of great weight and concernment.  
The Institution of the kind, Morally and Naturally Divine.  
Scrupulous consciences sifted and satisfied.  
Morally Divine or Judicials.  
Not levitical nor Ceremonial.  
The end whereunto Tithes were ordained.  
Tithe not always the Tenth.  
The end of their Institution.  
How alterable.  
The pretence of contention answered.  
Whence the contention ariseth.  
How the contention may with ease be prevented.  
Whence the stipend may issue, and its evil consequences.  
The incertainty of Tithes examined and confuted.  
The alteration inconsistent with Law and Justice.  
Patronages destroyed by such alteration.  
The now low, and to be lamented condition of the Church.  
A Caveat for Supreme Power, and its Bounds.  
The Sum, and close of all.    

A Brief Discourse concerning changing of Ministers Tithes into Stipends or other Thing.  
THE Ministry of the Church of England, and maintenance of the Ministers, having been for many Ages legally settled and established in this Nation, and by Divine Providence having been both lately delivered from headlong destruction, threatened by a generation of men (shall I say) or rather beasts in the shape of men: The Church cannot yet promise herself security or safety; for though her enemies have been prevented by laying her level by a downright blow, yet they will not cease to solicit Supreme power to do their work by a circumference, and before the Church could be throughly sensible of her aforesaid late delivery, they have already contrived how to undermine her, by a specious way held out of Peace and Profit, as it were, intended towards her. But if the Church must be destroyed, the difference is not great, whether it be done by the means of the open mouthed Ravenous Wolves, or by the undermine of the subtle Leering Foxes.  
Now in short, the contrivance is, to take that from her which she hath, and to find out a new way for her subsistence, and as is pretended less subject to scruple and contention, and not so incertain. From which exchange, I shall pray for her delivery, and that Supreme Power will take the counsel of Solomon herein, Not to meddle with them that are given to such change, 
Prov. 24.21.  lest destruction arise sudditinly on them both.  
In the handling of which Subject, the first thing to be taken into consideration will be; By what Power and Authority Tithes became and were ordained, for the Minister's Portion originally? Wherein some there are, and those not a few, nor men of weak judgement and learning, that have held, written, and maintained that God himself was the first Donor of Tithes unto his Ministers. And that though he be the Creator and Lord of all the World, & gave the Earth, and the fruits thereof to the Children of men, that yet, in that very gift, he did reserve in a peculiar manner, a Part or Portion thereof unto himself, not that he needed any, but wherewith he would be honoured, and have Religion perpetuated by the Sons of men, for their own good, who by their offerings of such part of their goods, wherewith God did bless them, they should honour him with their substance as it is, Prov. 3.9. and acknowledge their Homage to him, and perform that service towards him, which from the beginning was ordained them to do. And for proof of this truth, the offerings of Cain and Abel are alleged, who had no other commands that we read of, than the very dictat of nature herein to guide and direct them, And because there was then no other Ministry ordained by God, therefore was this offering of theirs made unto God himself, which as some do conjecture, is for the part that which was afterwards called Tithes. 
See Sir H. Sparke: c. 24. p. 102.   
For we do not read in Sacred Writ, that the Lord did own any other part for His, of the goods he had given unto man, (I mean Morally or Judicially, not Ceremonially) than Tithes, and of those he saith, Levit. 27.30. that Tithes are the Lords, Holy to the Lord. As for other offerings, the Lord did never own them, till man had vowed or offered them. We speak not of first Fruits or Sacrifices, or what was ceremonial. But of Tithes, you see it is said, that they are the Lords (not yet the Levites) in the Present Tense, and his peculiar Right, before they were either severed or paid, or assigned to the Levites.  
Now so soon as we read either of Priesthood or Ministry. We see that God appointed that that part or portion of worldly goods, which by the Law of divine nature, man was to offer unto the Creator, was to be offered unto the Priest, for no man will doubt, but what Abraham offered or gave to Melchisedeck, was by divine appointment, And that which he did give is named Tithes, but whether only of the spoils as some would have it, or of all his substance as others affirm it, we will not here dispute it. But what was this of Abraham's tithing for? Not for Sacrificing, for he offered nothing, but for blessing, which the Ministers of Christ perpetually performing, the same reward is due to them that did belong to the Priest, for no change of the Law, but by the change of the Priesthood, which is the same of Melchisedeck and Christ for ever. 
Heb. 7.12.  And again that that which Jacob vowed was Tithes, not a voluntary vow as some would have it, but a dictat of divine nature, according to the example of Abraham his Grandfather, and in common understanding to be paid unto the Priest as Abraham did, the eldest Son of the Families being then the Priest, till Aaron: see more of this in Mr. Selden.  
The matter being thus stated and uncontroverted, 
Mr. S. p. 5.  that the great and wise Creator reserved to himself a peculiar right in the Creatures (though the Quota be not agreed on) which he afterwards conferred upon, and assigned to his Priests in the dark times before the Law, it will under the Law be most plain and perspicuous both for the kind, and for the Quota also, that the Portion which the Lord appointed to his Ministers, the Tribe of Levi for their service in the Tabernacle was (amongst other things) of the Fruits and production of the Earth in kind, and the Tenth part thereof, truly called Tithes. For the Tribe of Levi, being joined to the Priesthood the House of Aaron, a Levite and his Sons, the Tithes by this were not taken from the Priesthood, to whom they only belonged, but by that conjunction, the Priests and Levites being united, Tithes became the Right of both as Priests; and the people paid their Tithes to the Levites, and they Tithes to the Priests, 
Numb. 18.26.  but notwithstanding this conjunction the Levites had only the charge of the Tabernacle and Aaron and his Sons the charge of the Sanctuary, Altar and Vessels thereunto belonging, and yet by reason of this union the Priests were sometimes called Levites, 
Ezech. 44.1 s. Heb. 7.5.  as in Ezech. 44. and the Levites Priests, Heb. 7. where it is said that the Sons of Levi, who receive the office of Priesthood have command to take Tithes of the People. This observation will not be altogether useless, because it meets with an objection that Tithes were taken from the priests, and given to the Levites, who were not Priests, and so became levitical, and ended with Levi. Whereas by this it appears that the Levites were joined to the Priests, and God might make whom Priests he pleased; and so Tithes were not take from the Priests, but belonged to the Levites, being joined to the Piresthood. Nor and Tithes been taken from the Priests by God, and given to the Levites, would that conclusion have followed, that Tithes must then end with the Levites, as shall be made more plain hereafter. Nor doth it follow, that, because if God the Creator and true owner did take them from the one, and give them to the other Pro Tempore, therefore man may so do, or destroy them for ever, of which more hereafter.  
The first place in the Old Testament of the Law, where Tithes be spoken of expressly, saving that of Abraham and Jacob, is that before remembered of Levit. the 27. 30. in which the Lord only declares his Right unto them. The next place is that of Numb. 18.21. where he assigneth them to Levi for an inheritance for their service in the Tabernacle. These two Texts of Sacred Writ, and the constant Practice of the Jews in paying their Tithes during the time of the Law, even to the coming of Christ, as by that of our Saviour of Tithing mint, etc. and by the boasting Pharisees speech to our Saviour of tithing all he possessed appears, do so manifest the truth hereof, that it admits no dispute, until the levitical Law was abrogated.  
Now that Law ceasing by the death of our Lord and Saviour Christ Jesus; the next thing considerable will be, what became of Tithes, when the Levites service in the Temple ceased. For the Right understanding whereof, let us look a little back to that which hath been said. For if it be true, which indeed cannot be denied, that God did reserve a Part and Portion of the Creatures as his peculiar Right, in the offering whereof, man for God's blessing on his goods, was to express his gratitude to his Creator and Benefactor, even by the Divine Law of Nature, which is so grounded in the Nature of mankind, as that there never yet was any People, who honoured God, but held it their duty to do him honour with their goods; for it is a principle in Nature, 
Hooker. P. 424.  a truth infallible, and an Axiom unquestionable, that men are eternally bound to honour God, with their substance from whom they have it in token of their gratitude. Nor ever was any people so barbarous, but did acknowledge a Deity, and to that Deity which they did so acknowledge, they naturally did offer of those good things, which they supposed to receive from such Deith. Upon which ground ariseth that Interrogation of the Prophet, Will Any man spoil his gods? 
Mal. 3.8.  arguing the with holding of Tithes to be a violation of the Law of Nature, and not of the Levitical Ordinances. If this (I say) be a Truth, and that the part and portion thus due unto the Creator, be that which he calleth Tithes, (for other part of man's goods the Lord doth not challenge in that peculiar way, but Tithes he doth in express terms,) And them you see he bestows upon his Pirests before the Law, and under the Law upon the Levites for their service in the Tabernacle, (out of which still the Priests had a Tithe) which assignation to the Levites, hath this  condition annexed unto it, that when that service failed, than the wages ceased, and the Levites were no longer to enjoy their Tithes, then whilst the service lasted, for perofrmance whereof that wages was allowed, it follows of congruity, that those Tithes part or portion which were the Lords peculiar right before the Levitical assignation, should return again unto the Lord, as in his former right; for else we deny God that Reverter of his own proper and peculiar inheritance, which we enjoy in ours, when the line faileth upon whom we make the Entail.  
And Tithes being thus reverted to God, not for any need he had of them, but for the need mankind had of the Priests and Ministers of the Gospel. Which Ministry, as it ceaseth not till the second coming of our Lord and Saviour Christ Jesus, so it cannot be supported without Temporal means, which leadeth us to the next Consideration, Whether the Lord hath not assigned that his right of Tithes unto the Ministers of the Gospel.  
Though it be true, that there is no such express Text of Scripture in the New Testament to prove the Lords assignment of Tithes unto the Ministers of the Gospel, as that of Numb. 18.21. to prove his assignation thereof unto the Levites, yet the consequences and arguments drawn from several Texts of the New Testament, do evidently enough prove Tithes to belong to them for their Ministry, as well as to the Levites for their service.  
That the New Testament doth frequently command and call for a maintenance for the Minister, and that to be not only competent, but honourable, we need not cite the particular Texts of Scripture for it: That any other ordinary maintenance is intended the Ministry of the Gospel, by the New Testament, than Tithes, the Scripture is silent in it, and we must be ignorant of it. Nor doth it appear that the Lord hath otherwise disposed of this his Priestly patrimony: therefore we may with safety conclude, that the ordinary maintenance of the Ministers of the Gospel intended by the New Testament, is partly Tithes, which if they may not enjoy, there is no other can claim or derive a title to. And the Maxim of the Law is, that In aequali Jure Melior est conditio Possidentis.  
The nonpayment of Tithes to the Ministers of the Gospel in the Apostles days, and in the Primitive times of Christianity, is no argument against their right; for till a Nation became Christian, Tithes could not be paid, nor could the Ministers of the Gospel in those times of persecution, receive, collect, or retain them. 
1 Cor. 9.12.15  The Apostle prevents this objection of non-usage of their power, to be no prejudice to their right.  
It hath been, and yet is much controverted amongst the Learned, by what right Tithes are due, some holding them to be due Jure Divino morali, 
Mr. S. P. 150.158.  as the Canonists generally, with whom agree many of our English and Learned Divines; but some agree the tenth part to be only due by Law Positive and Ecclesiastic, and that there is no more Jus Naturale, or Divinum Morale in it, than what commands a competence to the Priesthood; and what now is, is in imitation only of the Jewish state ordered by the Almighty, and not obligatory under the Gospel, but that the Church might freely have ordained a ninth, eleventh, or other part.  
Others there are who hold, that Tithes amongst the Jews were only Judicials, and not due by Divine, Moral Law, or Law of Nature, but by the Civil Law of that Nation. And of this opinion are the Schoolmen generally, who when they speak of their Jus Divinum, they are to be understood to speak of the Law Positive of the Church, imitating the Divine Judicials, which retain their vim exemplarem, though not obligativam; neither do they make any difference betwixt Tithes praedial and personal, in this respect, which the Canonists do.  
Others there be, who hold them Ceremonial, and to determine with the Levitical Law, though they be not able to show what the payment of Tithes did signify, nor what they did typify, nor whereof they were a ceremony, which are the only Discoverers of that which is Ceremonial. In this variety of opinions, the question amongst the Canonists, Schoolmen, and Divines, not being yet determined by what Law Tithes are due (though it may be gathered for a truth, from the Scriptures, the Fathers, and other Humane Writers, that for so much as concerneth the due maintenance of the Minister, that it is due Jure Divino Morali,) by the Law of Nature, that yet the part as it was declared by the Judicial Law of the Jews, so is it due by the Civil or Positive Law of the Nation, but yet from the time of Grant or Dedication, to be the Lords to the world's end, unless himself, or perhaps the Ministers his trusties, shall renounce or relinquish them.) It is no small or trivial business for those in present power to go about an universal alteration of this sacred patrimony. (Sacred, I say, that is, set apart towards the service of God, in perpetuity under the limitation abovesaid of the Lords or of his Minister's renunciation.) Before there be a judicious determination of its Original right, by an Assembly of Learned and Orthodox Divines, Lawyers, Canonists, and Casuists, thereunto called by Supreme Authority.  
For if Tithes be due to the Ministers of the Gospel Jure Divino Morali, or by the Law of Nature in kind, or in quantity, then will that State which shall alter them, or enforce an exchange of them for some other thing, be guilty of no less sin than Sacrilege, which is of so high a nature, that it cost Ananias and Sapphira dear; a precedent the highest of that nature, we read of, in the New Testament, intimating unto us, that sin to be the greatest which after the death of our Saviour was in all the Apostles times acted or committed. Not for breach of the Levitical Law, then ended; but of the Moral law, in withdrawing a thing devoted, the taking away what our forefathers devoted, (as Tithes) aggravates the offence, and so will do the punishment. Nor have those parts or persons wherein, or by whom it hath been practised, gone unattended with direful Judgements; Neither Germany, France, Holland, nor Scotland, (I will not speak of England's condition) can at this day glory of their prosperity, where that sacred patrimony, with other of the like nature, have been swallowed up totally, or converted into Stipends or other things.  
And besides the sin of Sacrilege, it must needs be interpreted a transcendent and high presumption for man to take upon him to be wiser than his Creator. And whereas God in his wisdom hath appointed Tithes to be the maintenance of his Ministers, that man should take upon him to chop and to change, to take away or confound what the Lord hath ordained. When we pay our Tithes duly, we have in that particular discharged our duties both to God, and to our Minister, either according to the Divine, Moral Law, or exemplary-wise by imitation of the Divine Judicial Law; but when Tithes shall be turned into Stipends, or some other thing now, or into Hoc aliquid nihil, hereafter, how can a man be satisfied when he hath paid or performed that, that he hath done what he ought, or done his duty without diminution, the surest way for God to have his right, and the truest way for man to do no wrong, is payment in kind out of the very selfsame goods, which the Earth by his gracious blessing doth continually produce. It was a witty observation of the Hebrews, that when a man pays his Tithes, he is the Husbandman, and receiveth nine parts for one, and God who receiveth one of ten is the Priest. But when Tithes are not paid, than God is the Husbandman, and keeps the nine parts, and man is the Priest, and hath but the tenth; for than ten acres of Vine shall yield but one , Esa. 5.10. So tender were the consciences of men heretofore in point of Tithing, that few of them could be satisfied that they had so punctually paid them as they ought, and therefore usually in their Wills they bequeathed somewhat to the Parson for Tithes omitted, in lieu whereof the Mortuary is paid to this day: how seared are the consciences of men now, that would pay no Tithe at all?  
Now those who writ against the Divine Moral Right of the Quota, or tenth part, yet still agree that a part or portion of the Increase of the fruits of the Earth, etc. in kind, is the right of the Ministers of the Gospel by the Divine Moral Law, and by the Evangelical Texts of Muzling the Ox, Planting a Vineyard, Feeding a flock, and not partaking of the milk and Fruit thereof in kind, with many other places of the New Testament, which the Apostle urgeth not, as an Ordinance de Novo, but from the Law which proves most fully, that the manner of tithing under the Gospel, aught to be as it was under the Law, both in kind and quantity. How then can it stand with the Consciences of them in Power to alter the way, that God hath appointed for maintenance of his Ministers? will they still be wiser than he?  
If the Tenth part be looked upon by the Repining people, as too great a Portion for God's Ministers of the Gospel to enjoy, wherein thou man dost still take upon thee, to be wiser than thy Creator, who appointed his Priests that and much more among the Jews. Why then dost not thou only content thyself with an Abridgement of the Quota or part? but thou must be altering of the very Nature and kind also of that maintenance, that God in his wisdom hath by Divine Moral Law ordained for his Ministers, and not without visible and pregnant Reason. For this way of maintenance, is suitable to all times, both of plenty and scarcity; agreeable to all prices of Corn, Grain, Hay, and other commodities, the Prices whereof though they change daily, yet Nature being usually the same, keeps the true standard betwixt God and man. Again of conveniency to all persons both Parishioners and Ministers, the one to go no further to pay, nor the other to receive what's due, then to the Land itself within the Parish. And of best Equality, the Poor not burdened, nor the Rich eased, (for the disproportion betwixt Tithe of Pasture and arable, makes not Tithing unequal, comparing Land of the same quality one with another, but the inequality thereof proceeds from the owner's usage, who is at liberty to husband his Land, in what kind he pleaseth, whether he be rich or Poor.) The duty more readily performed in paying Tithe in kind, then by paying the value thereof in money, which with most Farmers is usually wanting, when their commodities are most plentiful, and may be better spared.  
And again it is more Natural that Tithes be paid in kind then otherwise, For Tithes procure an increase of the Heap, out of which they are taken, and by the Jews were accounted the very Mound, Fence, and Bulwark of all their substance. And if you look upon the quantity, 
See much more of this Number in Sr. H. Sp. c. 14. De Orb: concordia. Lib. 3. c. 10.  Ten is the number of Nature's perfection, beyond which we cannot go without iteration and Repetition. And Postellus telleth us, that it stands with Reason, that forasmuch as all Creatures do bear the Character of Divine Power, Wisdom, and Mercy of the Creator, That Tithes as well as Tribute should be paid of, that to him whose Image and Superscription they bear, How else do we give Honour, to whom Honour belongeth, or to God the things that are Gods, our Wealth being Gods, as well as the time of our Lives, whereof he Reserved a seventh part to himself, but of the other only a tenth.  
And again Nature and Reason do plead for the Minister to participate with the People in that kind, wherein there may be equality of fortune, and whereby Sympathy and Communion, that great Bond of Nature, between the Church and Commonwealth is preserved (as a late Learned Bishop of this Church hath it) as in fair and seasonable weather, 
Bishop Andrews.  and in times of Plenty, the Minister to rejoice and praise God with the People, in want and tempestuous weather, to mourn and pray together, But where the Priest is a stipendiary, when the People rejoice for Plenty, or lament for want, the Minister doth neither; for what is their Sowing, Mowing, or Reaping unto him, when the Bond of Nature is dissolved, the like may be said, where the Minister walketh, waiteth and attendeth for his (it may be two narrow) stipend that is withheld from him, for want whereof he, his Wife, Children, and Family Mourn, Lament, an Famish, what is all this to the People? there is no Sympathising one with another, either in Mirth, or Misery, for the greatest Bond of Nature is dissolved.  
Let us now come to consider of the Grounds, and Motives held forth for the alteration of Tithes, the settled Revenue, and undeniable Right, and Property of the Ministers of the Church and the converting of them into stipends, or some other thing,  
The first Argument I find is, that the Payment of Tithes is scrupulous to tender Consciences.  
To which it may be answered, that those Consciences should be first examined, and then Rectified, rather than such an universal alteration should be made of that Sacred and settled Revenue of the Church; And again it is contrary to Reason, and the Rules of Government to Repeal, or to overthrow a Fundamental, General and well settled Law, because a few either Sickbraind, or Dissembling sort of People do quarrel at it: First let such men be well examined, whether it be Conscience or Covetousness, that is most predominant with them. And that you may easily discover by this Touchstone, viz. whether he be willing to set forth as much Land for the Minister, as is equivalent to the value of his Tithes, if he will so do, then am I so charitable as to think, that persons Conscience to be truly tender, and great pity it were to offend it. But this particular Case may better be composed by a Temporary, or mutual agreement betwixt the Parson and such Parishioner, then by altering of a general Law, for the satisfaction of such particular persons, whose number you will find very inconsiderable to the multitude, & happily his Posterity, or he that shall succeed him in his dwelling, may be of another mind; And then as good cause to alter the Law again. And thus by seeking to please the Humours of some particular persons, a Fundamental of the Law must be infringed, not only to the General prejudice of the Mininsters, but also to the Public incertainty, and Confusion of the propriety of all men.  
But if by this Essay, you find such tender conscience, neither willing to pay Tithe, nor any thing else in Lieu thereof to the Minister; you may conclude him either Covetous, Hypocritical or Schismatical; For whose sake it is to be hoped that those in Supreme Power will not hold it fit to make such a general alteration in so Sacred a Revenue, but rather that such pretended scrupulous persons be brought to conformity to the good old Law of the Land, then to make the Laws of Church and Commonwealth conformable unto them. Those whom Providence lately prevented, from destroyin both Ministry, Church Maintenance and Propriety, will yet be glad to see such an universal Alteration, as a step leading to their design.  
Let us yet examine this scrupled Conscience a little further, and see if any thing there be in sacred Scripture to raise this scruple; for it must arise, either from the original institution of them, or from the end whereunto they were instituted. Their original institution is either by the Divine Moral Law, and Law of Nature; or by the Judicial and Nationall Law of the Jews; Or by the levitical Law; Or by the Ceremonial Law. For these four (if we may make so many of them) are all the opinions we read of, that have been broached of the Quo Jure of Tithes.  
Now if they be due by the Divine Moral Law, and Divine Law of Nature, that binds all People, in all Places, and at all times, and from thence there can arise no Scruple.  
If in the next place it be granted, that they are judicials, and so obligatory to the Jews as their Nationall Law; Then by that reason it must follow, that Tithes ought to be paid in this Nation, because they are due to the Ministers, by the Nationall Law of this Land, which ought to be as binding here in England, as it was amongst the Jews, from whom England had its Pattern and example, which is the most that can be truly said of a Jewish continuance with us; yet not that we are in Love with it, because it was Jewish, but like it, because it was the Lord's ordinance Judicial, if not Moral.  
If levitical. Hence indeed may arise a Scruple, because the levitical Law is ended in our Saviour. But that they are not of levitical Institution, some give this answer (that would prove them due by the Law of Nature) that Tithes were paid before the levitical Law given, by Abraham and Jacob, and therefore cannot be levitical. Others answer, that all that is levitical in Tithes is only their Assignation to the Levites for their service, and that service being ended, the Right of Tithes return again to the Lord, the Donor, by him to be disposed of according to his good will and pleasure.  
If Ceremonial; Then true it is that Tithes are not to be continued, amongst Christians, forasmuch as it is agreed, that Judicialia sunt Mortua, and may be imitated, and taken up in example again: But Ceremonialia sunt mortifera, deadly and not to be revived or continued; But the double answer last before mentioned to the levitical answereth the Ceremonial pretence also, but because a threefold Cord is not easily broken, take hereunto this third answer also, that they were not Ceremonial, forasmuch as they did neither signify, nor Typify any thing.  
But the end of Tithes is the Honour and service of God, (which no conscience may scruple at) and maintenance not of the Levites only, but of the Ministers of the Gospel of Christ at all times to remain, so long as the Ministry shall stand, and though not paid in the Apostles time, or times of persecution, yet were they by the Ancient Fathers succeeding, the Apostles challenged to the Church as the Lords Ordinance for maintenance of the Ministry, and by universal consent of all Christendom first or last paid. For as soon as the state of the Church could permit and admit thereof, Christians held it most Natural and Fit, that God should as before the Law, and under the Law, have his ancient Revenue of Tithes after the Law.  
Wherein I would not be mistaken, 
Mr. S. Epist. p. 8.11. and cap. 8. p. 243.244.  as if I did affirm that the Tenth part (when I speak of the payment of Tithes) was so universally paid, but that some part more or less of the Fruits of the Earth in kind were paid. For you may see that Decinia, or Decimatio do not always signify either a real Tithe, or a Tenth part, but sometimes money paid in Lieu of Tithe, or as it were of the nature of Tithe, so called, but not so in truth in the statutes of 27. H. 8.21. and 37. H. 8.12. 
Sir H. Sp. c: 14. p. 67:  and the Decree made upon them concerning London. And sometimes less than a Tenth, as the four Thraves of Corn, of every Plow-Land, in the East Riding of York, given by King Athelston to the Church of Beverly, which came not near to a Tenth, is styled Decimae in the Bull of the Pope. And the gift of two Sheaves in an ancient Chartulary there remembered, is called Decimatio. And for satisfaction herein, you may see the Etymology of the word Decima or Tithe, to signify the Tenth, whether it be the Tenth part or not. But this by way of Digression, which yet may serve to reconcile many disputes concerning the Quota, or part ththed, if well and rightly weighed.  
But to return once more to the Scrupulous Conscience, for I am loath to leave him unsatisfied, or at least unconvinced. It is the General tenet of all the Learned, that Tithes are neither Ceremonial, nor levitical, otherwise then in their Assignation to the Levites for the Service of the Tabernalce. And Saint Paul well knew, that the levitical and Ceremonial Law were ended, and would never have used an Antiquated Law for Argument, or proof of the Right of the Ministers of the Gospel, as he doth that of Deut. 25.4. Of Muzling the Ox, etc. If that Law had not been rather Natural then Ceremonial. moniall. But though that service be ended of the Levites, yet the end whereat that maintenance aimed, was the service of God, which the Ministers of the Gospel yet performing, That very maintenance ex Congruo, and by Saint Paul's aforesaid Argument (if not from the Divine moral Law, yet) from the Political Law of the Jew's not wholly canceled, belongs to the Ministers of the Gospel, which none but the most seditious Sect of Anabaptists will deny, who denying also the very Ministry itself, can do no less then deny their maintenance, to whom I shall give no other Answer then before, as to the Right of Tithes. And for their other opinions concerning the Ministry itself, they have been abundantly confuted, by many of the Learned, and it is a proper Subject for the Divine to undertake, if any thing De Novo can be allegded by them.  
But here I trust is sufficient matter shown to prove Tithes to be due, either by the Divine Moral, or Natural Law, or by the Positive Law of this Nation, wherein the Canonists, and Divines generally holding the Divine Moral Right, the Schoolmen, Papists, and many others the Positive Laws of each Nation, which question, I will not take upon me to determine, forasmuch as Tithes being the Ministers due here in England, by either of those ways; it serves the turn for this discourse, the Scope and aim thereof only being, to satisfy the Reader, that whether Tithes are due here, by the one Law, or the other to the Church, that they may not be taken from it, nor a stipend, or other thing to be exchanged for them, without the consent of Parson, and Patron at least.  
I must confess, that could that Divine Moral Right to the Tenth part be sufficiently eleered, that this would easily resolve the rest; and no man could then go about the Alteration herein, but he must set God himself at defiance: But so much thereof being herein proved, as that by the Divine Moral Law, an Honourable Portion in kind, is due to the Minister of the Gospel, and many Ancient and modern writers have held, and do maintain the settled maintenance belonging to the Church of England, to be the Portion of Divine Right belonging to it, That which I shall now say, is by way of Caveat to them in Supreme power, that it highly concerns them (if they intent any alteration herein) to be sully satisfied in this Point of Divine Right, as well for the kind, as for the quota, before they go about it; for it is not for men of dubious thoughts, but well resolved, by sound and solid Arguments, to undertake a mutation of this sacred Revenue, for if either the kind or quota be Moral, the Alteration is desperate; and why should Supreme Power run the hazard of a curse from Heaven upon themselves, and the whole Nation, by resolving that which at lest is questionable, not with men only, but between them and God, to whom the judgement belongs; There, to be given, where he is the only Advocate, whose Spouse (if the Right be hers) is disinherited. Religion and Policy both, prompt men in matters dubious to resolve of the safest course; No danger in confirming the Minister maintenance as it stands established, but great hazard in the commuting.  
2. The second Argument for this Exchange, is, that the way of Tithing is a contentious way of maintenance of the Minister, and for peace sake some other way must be found out for their subsistence, less subject to contention.  
Those who frame this for a reason of the Alteration, scarce look so far as to the Donor of this sacred maintenance; for if they did, then would they consider that God himself made this a Law among the Jews his own select people; (to go no higher, having said enough thereof before) And unless we will be wiser than he who is Wisdom itself, we may not censure this way of maintenance for contentious, nor hold forth any other as more peaceable for Jews or Christians, the Christians imitating them who did receive their Law from the mouth of God himself.  
Certainly had there been a more peaceable way to have been found out, for maintenance of God's Ministers, the Omniscient and Omnipotent Lord, as he must needs have known it, so his Goodness and Power is such, that he would have so appointed it; Let us then lay our hands upon our mouths, and be filent, or if we will be speaking, let us condemn out own foolishness, and magnify his wisdom.  
But because it is the corrupt nature of man to be finding out inventions, and to be always changing, though for the worse, before we fall upon this Exchange, with us, let us inquire whether the Jews did, or lawfully might have been such Exchangers? that they had cause so to be, (if contention be a cause) is evident, for there wanted not amongst them who withheld, subtracted, and witbdrew their Tithes, as now amongst us, witness the complaint of the Prophet, and the vainglorious boasting of the Pharisee, that He paid Tithe of all that he possessed; 
Mal. 3.8. Luke 18.12.  implying that others did not; that their natural inclinations prompted them to it, is apparent; for they were and yet are the greatest Brokers and Exchangers that the world affords. THat they yet did not put such Exchange in practice, it is evident by that of our Saviour in the Gospel, 
Luke 11.42.  Ye Tithe Mint, and Rue, etc.: and that of the proud Pharisee before; so that you see, that though the Jews were the most perverse and stiffnecked people of all others, (notwithstanding they were the only select Nation) yet they were not grown to this height of impiety, as to exchange the sacred Patrimony by a Law.  
Let us then examine the second part, Whether lawfully they might have been such Exchangers of Tithes? Observe here, that I do intent the first Tenth paid to the Levites, not the second Tenth out of the nine parts, which the two first years were to be brought to Jerusalem, there to be spent in Feasts, and the third year upon the poor and Levites within his own gates: For if the way were too far from Jerusalem, then by Levit. 27.31. they might change those Tithes into money, adding a fifth part more to them, (which few of our Exchangers will be willing to do.) But the Inquisition here handled is of the first tenth, Whether the Jews might lawfully have exchanged that? which I am persuaded, no man of sound judgement will maintain: For the allowance of their exchange of the second tenth in case Supra, excludes the exchange of the other. Now what was it that might hinder this exchange, we will spare the Divine Right, for we have spoken enough of that before; But admitting that did not impede, then certainly it must be the Judicial Law given them that did restrain them from it. If so, then why should not our Humane Positive Laws withhold us from the like? If you will make the difference to rest in this, that God more immediately prescribed that to the Jews for their National Law, than this Positive Law to us; this is a difference without a diversity, for by that reason the Jews should have been more strictly bound to the observation of the Decalogue, (though Moral) than Christians. And again, it was a Law given to them for their Nation, not exclusive, that no other Nation should use it, but rather as a pattern for other Nations to imitate; and so it being unto the Jews but a bare Judicial Law, it could be no more binding to them by reason of a more immediate prescription, then to us by a mediate imitation, having not so much the Jews for example, as God for the Author of that Law.  
Again, whence ariseth the ground of this contention, which makes the Minister's maintenance by Tithing so litigious, as that some new way for their subsistence must be found out? Doth this contention arise from the Parson's part, or from the Parishoner? If on the Parishioners part, then in Justice and Reason, ought Supreme Power to provide better Laws to compel the Parishioner to pay his due, and not to enforce the Parson to departed with his indisputable Right, because his Parishioner doth him wrong, for that were all one, as if my neighbour have a mind to my house, or land, and because I will not let him have it, he will disseise or dispossisse me of it, and then Supreme Power to make a Law to enforce me to take money or another thing for it; whereas Authority is ordained by God, to punish him that doth wrong, and to relieve the innocent and him that is injured.  
Now that the Parishioner is the contentious person in this case, 
The Judges of Assize are able to testify this Truth.  it is manifest by the multitude of actins that the people put the Parsons to, wherein the Trials generally and constantly go with the Parson who is injured, and from whom right is detained; whereunto the people are the more encouraged, because Tithes have been discountenanced, the ancient remedy for their recovery partly taken away, the Title scandalised, as if the payment of them were superstitious, and Popish, and against the Laws both of GOd and man, which the people most greedily swallow, and no satisfaction endeavoured to be given to the avaricious multitude of their Legality: But as if the payment of them were as bad as clamour makes them, the people's hopes are daily fed and heightened by holding forth of other Provisions intended for them; whereas in point of Justice, Governors should make new Laws to suppress new deceitful Inventions, and confirm all Legal Interests and Proprieties.  
And thus you see how it comes to pass that payment of Tithes is looked upon as contentious and troublesome, because the people make it first litigious, and then cry out for an abolishment, or change at least, because it is litigious; as if it were lawful for one to take away the goods of another, and unlawful for him whose goods they were to use his lawful remedy for their recovery: Or, (yet more plainly) as if it were lawful to steal, and then to hang him up whose goods were stolen, for prosecuting the Thief: If this be not, I know not what is, the calling evil good, and good evil, the justifying of the wicked, and condemning the just, the reward whereof you may see in one word, 
Esa. 5.20.23. Prov. 17.15.  Woe, Esa. 5.20.23. which general word compriseth all particular judgements here and hereafter, temporal and eternal.  
Nor is the payment of Tithes contentious, because the Parson sues for more than his Right, but because the Parishioner will not pay what he ought: and the proof of the values resting as well of the one side as the other, the Parishioner is too hard for the Parson frequently, which gives an inlet, and openeth a wide gap both to Witnesses and to Jury men, (who never were friends to Tithes) of the greatest and most familiar perjury, that happeneth in any Trials whatsoever; And all with impunity, for want of some Superior Court, whereunto the Judges of Assize may bind such Jurors to appears and to answer for their misdemeanours in those trials. And that by the Law as now it stands, the Plaintiff can recover no costs of Suit: In which two cases, if Authority would provide remedy, Tithes would be paid with less scruple and contention by far, then now they are, and less difficult would it be for them in Supreme Power to provide Laws for the more just payment of Tithes, and avoiding Suits and Contentions therein, then to find out and establish a new Provision in lieu of them, which at the best will tacitly censure the Wisdom of God, as hath been showed; For this contention ariseth not from the nature or manner of Tithes, but from those who rob God and his Ministers of them.  
And again, such new Provision must necessarily arise either out of the Land, subject to the payment of Tithes, or else out of the public Treasury. If not of the Land, I demand then whether he that now scruples at, or contends in the payment of Tithes, will not be as troublesome and contentious in payment of another thing in lieu of them? It is not to be doubted, but he will, if the contest arise from the thing itself, which is the scruple and contest of the Anabaptist and Sectary, who disrelish the Ministry itself; and therefore scruple and contend at any maintenace at all, and they fall not under this dispute of Alteration, who are altogether for abolition.  
But if the contest arise about the name of Tithes or other ground, then possibly they may not be scrupulous or contentious to allow another thing, which as is showed before, may more easily be composed by a private agreement, then by a public and general Act; for difficult will it be, by a general Act, to make the exchange equal, or at least such as the Church may not be a loser, and yet the Parishioner not think himself overcharged; which if he be, or do but think himself so to be, how contentious will he prove? and how litigious will be the payment? and so in stead of one evil spirit conjured down, many will be raised up.  
But suppose the Parishioner be made to pay his Tithes to the State, and the Minister to have his pay from the public Treasury, (which is the most likely project.) How intricate a matter will it be found to settle a due Stipend? Some Parishes are greater than other; some Ministers more deserving then other; some having a greater charge of wife and children than other; some in birth and education brought up at an higher charge than other; some places dearer to live in then other: All which, with a multitude of other difficulties, are to be taken into consideration, and then if the Stipend be not fixed to the place, every removal and succession will require a new Alteration in perpetuity.  
If the Minister of each Parish be to receive out of the public Treasury the rent of the Tithes of his Parish; First, besides that, that the Parishioners will not be pleased to pay their Tithes to the State-Officer, Tenant, or Collector, the Parson cannot receive his due, for the Tenant, Officer, or Collector are to have their share out of it, than the Treasurer, Auditor, Tellers, Paymasters, and many other public Officers, and their Clerks and Attendants, are to have their salaries, and the State must not be a loser; and by that time that all these have had their shares out of a fat Benefice, how lean will the Parson look? though there were no bribery to be thought on, for Publicans will not be always Saints, nor will Saints be always Publicans. And how naked shall the poor Parson be, when he hath neither hay, straw. nor food for horse or beast, nor bread, drink, or meat for himself or family, nor one pound of wool to cloth them all? Those that live in Cities, or in Market Towns, (if they have money) may provide such necessaries; but how will it far with those who live in Country Villages, especially remote from Markets? So that upon the matter there must be for every place a peculiar Alteration, and for every Alteration a peculiar Law. Those that seek peace in an unjust way, let them in so seeking assure themselves that they shall find contention and trouble enough: For Opus Justitiae est Pax. Peace is the fruit or effect of Justice, not of Injustice, for which you may see the sacred Text, Esa. 32.17. Dum Pacem habemus Bellum quaerimus, they who destroy Religion with one hand, and Justice with tother, who hold Meum in th'one hand, and Tuum in t'other, who will keep what they have, and get what they can, by destroying Religion, Law, and Propriety, let their Emblem be, Sic quaerimus Bellum.  
A third Argument there is, That this way of Tithing is an incertain way of maintenance for the Minister, and therefore some new way to be found out that shall be more certain.  
This reason sounds as if Ministers were weary of the old sacred Revenue, and now sought for an Alteration: But herein certainly the Minister is injured, it is not their seeking, nor can they in conscience or prudence desire any exchange. First, with what conscience can they seek it, or accept of it, when that they and all the Learned know and acknowledge the way of Tithing to be a Moral Institution, and an Evangelical Ordinance for the Minister's maintenance, and nothing but the quota or part controverted in it. And if by an Alteration the scrupulous conscience of one Lay man be quieted, the consciences of all the Clergy will hereby be offended.  
Nor can the Clergy in prudence desire it, if they do but consider, how their right and title to their Tithes is honoured by Venerable Antiquity, and established, ratified and confirmed by all the Positive Laws of this Nation; and that the wits of all Ages since it became Christian, could invent or excogitate. And how long will it be before Stipends will gain that Repute, or be ratified by like Authority? And if Right, backed with such Authority, and Antiquity, cannot now support Tithes, with how small a blast will Stipends of a new stamp be blown away?  
Again, let us examine wherein the incertainty of Tithes consists, that requireth such Exchange. Is Tithe more incertain than the nine parts? Can the Husbandman promise to himself a more certain increase in his Nine parts, than the Parson can do of his Tenth? Or, doth not the Tithe yield as certain a Rent or Revenue, as the nine parts? And doth not the Parson pay as certain a Monthly tax for his Tenth part, as the Husbandman for his Nine? And what incertainty is there more in the telling of ten Cocks of Corn, then in the telling of ten pounds of money? There is thus much more certainty in receiving of Tithe, then of a Stipend, that the Tithe hath been certainly paid in Harvest, and a Stipend will be certainly paid when the Parson can get it. So you see Nature pays its due certainly, man incertainly, and yet the incertainty of man cried up to be certain, and the immutability of Nature condemned for incertainty.  
By what then hath been said, you may discover the invalidity of those motives of scrupulous consciences, contentions, and incertainties held forth as grounds and causes for the Alteration of this Sacred Revenue. All other Arguments for this Alteration are more clamorous than colourable. These I take to be the most sober, and yet not solid pretences, but such as best deserved a satisfactory Answer.  
Now whether in Justice such a Mutation may be, or not, by Supreme Power professing to govern by the known Laws of the Land, is considerable, and I trust that without offence, may by the Rules of Justice and Reason, admit of disquisition: For this is not to limit their Power, 
Coke lib. 4.13. etc. lib. 8. in case of the College of Physicians.  but to rectify Judgement.  
It is a Maxim in the Law, that an Act of Parliament against common Right and Reason, or against the Law of God, is ipso facto, null and void. If a Law therefore should be made to destroy an innocent person, either in his life or estate, this would be (ipso facto) void; or if to take away the Right of another against his will, without a crime, it would be null and void: Much more Illegal will it be to destroy or take away the Right of a Society, Function, or Profession of men. And because some Ministers have been contentious, that therefore all must suffer. The Schoolmen hold it unlawful to excommunicate a Corporation, or Society, out of a presumption that some of them may be Innocent.  
If any shall urge precedents either Foreign, or Domestic, Former, or Recent, here with us; it is answered, That besides that, that precedents are not always to be practised, nor is the commonness of an offence any State's justification; You may know, that neither Monasteries, etc. vested in the Crown or State, till the Corporation, Order, etc. were dissolved. But now the Ministers Right is to be taken away, and yet the Ministry to stand: and if it be not lawful to take away their Right, the conferring of another thing upon them in exchange, will not cure the wrong. Ahab was not grown to that height of— as to act such Impiety.  
Authority is ordained by God and man, to justify the Innocent, and punish the Guilty, to maintain right and suppress wrong. Are not therefore some fiery spirits condemned, and that justly, that of late voted down Right, I mean the Right of Patronages? Doth it not concern others then to be very wary, how they go about to turn Tithes into Stipends, or some other thing, whereby they do not only take away the Parson's Right, but the Patrons too, and in the alteration of the one, they destroy the other. 
2 part. Inst. p. 646.661.364.  For you may read in a Learned Writer of the Law, that if you take away the Tithe from the Parson, you take away the Right of Patronage from the Patron; for in a Writ of Right of Advowson, (which is one of the most ancient Writs of the Law) the Patron must make his Title to the Patronage, by alleging the taking of the Tithes by the Parson; for the whole benefit of the Patron consisteth in conferring his Tithes upon his Chaplain; and if the Tithes be taken from him, the Advowson or Right of Patronage doth vanish as a thing without fruit or benefit. Other Writs and matters of Antiquity might be produced for the Rights of Patronages, which we trust to be needless now to urge, since the vote for taking away those Rights of the People, hath been condemned by all sober men, as a thing so destructive to Right and Propriety, that no man could have told where such High Injustice would have ended. Let them then that now or hereafter shall fit in the Seat of Authority be well advised, how by the Alteration of one Fundamental point of the Law, or of the Propriety of one sort, Condition or Quality of persons, they do not destroy another; and by the opening of such a Gap, make way to the Ruin and destruction of all.  
May we not now rather bewail the mean, poor, despicable and contemptible condition of the Church of England, whereunto she is at this day Reduced; Then to seek to take from her, that one, Only and Single Right of Tithes, that is left her: Her Rights, Liberties, and Privileges were so Numerous heretofore, that no former Age held it safe to begin their enumeration, or to sum them up, lest any should be omitted. Nor did any Act of Parliament hitherto enumerate them; though the great Charter of this Nation did particularise, and specify the Rights and Liberties of the Lay People, 
2. Part Inst. p. 3.4.  and no other are confirmed unto them, but what were therein mentioned, yet the Rights, Privileges, and Liberties of Holy Church not being held safe to be then numbered, are by that Magna Charta, in favour of the Church, confirmed in terms of Generality, and that Form only of Confirmation used by all Succeeding Parliaments. Of all the Ornaments that did set forth her Beauty heretofore, whereof she is now deflowered, shall we not leave her one Jewel or Ensign, whereby she may be known, you that are now her Enemies, and solicit Supreme Power still against her, be now charitable at last, afflict not her that mourneth. neither add sorrow to her affliction. Think upon the Curses of them who persecute such as the Lord hath smitten, 
Psal. 69. and Esay the 47. throughout.  and talk how they may vex them, whom the Lord hath wounded.  
Those who bear the Sword, have been highly successful against men in their Military employment, and let them not take this Caveat in evil part, to be way of contending with God, for they that shall alter this Sacral Revenue of the Chucrh must take upon them to resolve the Point of Divinity, which all the Learned of former Ages throughout all Christendom have left undermined; and yet most of them both Ancient and Modern, have held with the Divine Right, which if it should now be Resolved amiss, how can you afterwards expect that the Heavens should favour you. And again what an Earthquake may we imagine will arise amongst Proprieties, if this lead the Dance? And if such a Judgement begin at the House of God, and in the Sacred Revenue, what may we think will be the issue of Common and Lay-Proprieties?  
Lastly, if Divine Right will not support this Church-Patrimony, yet me thinks Humane Right may be sufficient to preserve it. For the Laws for Ecclesiastical Rights are as Positive, and aught to be as powerful, as for Temporal Rights; therefore is said, 
2. Part Inst. p. 3.  Quod Jura Ecclesiae, publicis aequiparantur, and that it which is Granted to the Church for the Honour of God, and maintenance of his Religion and service (as men must acknowledge tithes were) is Granted for and to God. And if so, not in the Power of man, to take away from his Ministers against their wills, wherein I would not be mistaken, as if I did limit Supreme Power, or derogate from it; But my meaning is to ascribe that Honour to it, which the Law requires that all men should have of it, that is, that they cannot, because they will not, do an unjust thing, wherein the Gods on Earth do resemble the God of Heaven. For if when it is said that Supreme power may do what they will, this shall be extended that whatsoever they will do, be it just or unjust, is lawful; that is an apparent error. For never was any such Power given unto men, as that their wills should be a Law: For this is the Peculiar Prerogative of the great God For what he wils is always; just, because he wills it; But what man wills is never good unless it be just.  
We read but of one amongst the Heathen that could say, Sic volo, sic Jubeo, stet pro Ratione voluntas. And but of one other in sacred story, of whom it was said, thus it must be, and thus it must not be, for Hophni will not have it thus, but so, it is God only who is essentially just, Man is just, but accidentally as he is well, or ill affected and therefore a Subject improper to whom such an absolute power should be allowed, as that his will should be a Law. Nor do we read that ever any settled Government, or Governors claimed a Power de Jure to deprive an Innocent man, or a Profession, or Society of Innocent men of their Rights, which by the Laws of that Land are, and stand vested and settled in them. For what were this, but a mere Arbitrary Government, to say no worse of it, we treat not of Conquered Nations, because (we think) we are a settled Government. And yet William the Conqueror lost nothing by confirming the Rights of the Church in the first place, 
Anno. 4to in his Survey of All the Ancient Laws of the Land.  and Tithes thereunto in particular, for though not his Line, yet his Regiment continued till these days. And it seldom goes well long with the Commonwealth, when it goes ill with the Church.  
Thus have I endeavoured in this discourse (though with too much weakness for so Pious a Patrimony, yet with ardent zeal) to preser the Church from suffering and dissuade others from transgressing, in altering this Sacred Revenue into a stipend, or other thing. By showing the Primary owner to be Lord in a Peculiar manner. The Lord to be the first Donor to his first Priest before the Law; To the Levites pro Tempore under the Law. And afterwards to the Evangelicall Ministry in perpetuity. Who may neither per Factum, nec per Feoffamentum nec pro Excambium alienate or alter them to the Church's prejudice; Nor to be either Agents, or willingly Patients in this permutation. Forasmuch as this Revenue in its kind is most Natural, most convenient, most equal. The Institution thereof in the thing (if not in the Quota also) by the Divine Moral or Natural Law. The Donation or Assignation both of the Thing and of the Quota or Part, Judicial to the Jews, Not Ceremonial, nor the Thing levitical, otherwise then in the assignation pro Tempore; Since the Law, the Thing itself at least in kind (if not in the Quota also) Evangelicall. The Thing and Quota by the Judicial, Nationall & Positive Laws of England established, vested, and settled in the Church as her Propriety, Not in the Legislative Power (for so much as concerneth the Divine Moral or Natural Right thereof) to be altered: Nor (without offence be it spoken) for what thereof concerneth the Judicial or Positive Laws of this Nation, without the consent of Parson and Patron, to be changed; Neither upon pretence of Scruple, Contention, Incertainty, or Inequality, nor any other pretence whatsoever. For Justitia est Suum Cuique tribuere, (Suum non Alienum) that is to say, Justice giveth to every man his own, Not to one man that which is another's; So that no Respect whatsoever ought to incline a Judge to give Judgement against the Law or Right.  
In all or any of which particulars wherein I have fallen short (For it was not my purpose to be tedious, nor to Muster up the Objections, or Answers for, or against the Rise the Author, the Right or the Quota of Tithes, which are enough to be the Subjects of a voluminous Book, but only to show the Dogmatic truths, and the Concessions, if not of all, yet of the Generality of Writers in this Summary discourse) I trust some others more able will afford their helping hand for the support of this Sacred Revenue, which is the last of the flowers of the Churches Temporal Garland now left her, that is considerable. And it is to be hoped, (if it be well defended now by able Pens) that it will be the last Conflict and Contest she shall find against this Judicial at Least, Divine Patrimony, which hath this only Adversary to confute or satisfy now remaining, especially if the Eyes of the people were but once open, and their understanding enlightened, and their hopes of Gain (their great Diana) abated, by looking upon Holland our Sister Commonwealth, France and other Places where Tithes have been translated only from the Ministers, to the State Commissioners, where they, and I will both end in this Alteration, For Quod Non capit Christus, capit Fiscus, what is not paid to the Church, must be paid to the Checquer. Vnde Nulla Redemptio, from whence there is No Return.  
FINIS.