AN APOLOGY OF THE TREATISE De non temerandis Ecclesiis. AGAINST A TREATISE BY an unknown author, written against it in some particulars. By Sir Henry Spelman, Knight. ALSO HIS EPISTLE TO Richard Carew Esquire, of Anthony in Cornwall concerning Tithes.  
LONDON, Printed by J. L. for Philemon Stephens, and are to be sold at his shop in Paul's churchyard, at the sign of the gilded Lion. 1646.   

TO THE READER.  
THe first Treatise, de non temerandis ecclesijs, being published above thirty years ago, there wanted not the approbation of the best and most religious men in behalf thereof: neither also wanted there one of a contrary humour, to oppose something: which though it be in such weak manner, as deserved not any just answer from so eminent a person, yet it pleased the learned knight, out of his care to instruct him and others, to show the weakness of his reasons: and that not only in this apology, but also in a more serious work, his learned Glossary, so much commended, and desired to be finished, by great Princes and chief men, both at home and in foreign parts. The passage shall be here inserted for a more full testimony of the author's judgement, and of the weakness of the adversaries reasons.  

Excerptum ê Glossario Domini Spelmanni pag. 238. in voce Ecclesia.  
ECclesia] pro templo, seu domo, qua fideles conveniunt, ritus divinos celebraturi. Lippis & tonsoribus notum; adducor tamen ut asseram, quod sciolus quidam libellum nostrum De non temerandis Ecclesijs, pro Marte suo impetens, graviter mihi imponit, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} ecclesijs dixisse hac significatione. nec patitur vir bonus ut easdem, aedes appellarem sacras: ludibrio enim habet ejusmodi epitheton, locis vel aedibus attributum. Carpsisset aequiùs, si ignot is ei vocabulis, Basilicis, Dominicis, Titulis, Curiacis, Martyrijs vel similibus usus fuissem. Sed doctrinam hominis & farinam videris.  
Occurrit {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} apud Graecos veteres, ut Curia, & Senatus apud Romanos, non solùm pro caetu & congregatione, sed etiam pro loco in quem convenitur, ut ipsa lexica testantur. Lucianus, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}, i. e. ubi ecclesiam (scil. Curiam in qua consultant) undique stravero. perhibetur & Apostolus, secundum plures interpretes, antiquos, medios, recentiores, hoc sensu dixisse. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}, Ecclesiam 
1 Cor. 11. 22.  Dei contemnitis. Liquide Synodus Laodicena, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. i. e. in sanctissima ecclesia sanctissimae martyris euphemiae. Tertull. lib. de fuga in persecut. sec. 3. Conveniunt in ecclesiam: confugiunt in ecclesiam. Augustin. epist. 109. Quando ergo simul estis in ecclesia, & ubicunque viri sunt, invicem & pudicitiam custodite. Hieronymus in Esaiam cap. 60. Videmus Caesares,— aedificare ecclesias expensis publicis. & epist. 8. Alij aedificent ecclesias, vestient parietes marmorum crustis, columnarum moles advehant, earumque deaurent capita, &c. fastidit in re tam nota olei tantum perdere; clarum est Ecclesiam idem esse christianis, quod Synagogam Judaeis; & Augustinum habes in eandem sententiam in Psalm. 82. unde & priscus quidam.  
Nobis ecclesia datur, Hebraeis Synagoga.  
Plura si cupias, numerosa habeas exemplain Burchardi Decretorum. lib. 3. qui de ecclesijs, inscribitur.   
Besides also not to conceal the doubts and apprehensions of wiser and more learned men upon the argument, there was also a gentleman of eminent quality and learning, Mr. Richard Carew of Anthony in Cornwall who was not satisfied in all points, with this treatise of Sir Henry, whereupon he wrote his doubts in some particulars unto him; submitting much to his judgement. Unto whom for satisfaction, Sir Henry wrote a very pious epistle which shall here follow after the apology for satisfaction to the better sort, who sometime stumble out of private interest, or passion, as well as inferior men. Hoping that such will be easily corrected in their opinion as Mr. Carew was, being a Gentleman ennobled no less in regard of his parentage and descent, then for his virtue and learning, as Cambden testifieth of him in his Britannia. 
* In Cornwall.    

THE APOLOGY.  
This apology cleareth some passages, as,  

1. Touching the word Ecclesia, which signisies either a material Church, or the Congregation of the people assembled.  
2. An explication of the text of Esa. 56. 7. My house shall be called the house of prayer.  
3. The place of the aposile, 1 Cor. 11. 12. Despise ye the Church of God?  
4. The exposition of the 83. Psalm. against such as destroy Churches, and the maintenance of them, and the Ministers.  
5. The number of Churches spoilt among us.   
COming to my worthy friend Sir Ralph Hare, and lying a while idle there, I thought that idle time fittest for some idle work, and disposed myself therefore to give some answer to such passages of this Treatise, as the Author at his pleasure hath very idly if not maliciously taxed me in. But being far from my books, and having not so much as that Treatise of his by me, or any note out of it, I shall no doubt forget, mistake, omit, and misplace many things. Wherein (good Reader) I must entreat thy patience and favour.  
It being brought unto me, I ran over divers leaves thereof, wherein I met multa verba, nulla verbera; but judging therefore the Author by his work, I thought neither of them worth the answering: himself, as it seemeth, some rude Naball delighting in contentions and uncivil speech: wherein I will not contend with him, only I will consider of his reasons, though indeed they are such as will show him to be a weak adversary Qui strepit magis quàm sauciat. And therefore though I sit safe out of his dint, yet will I let the reader see, how vainly he bestoweth his shot, and how far from the mark.  
As for the parts of my book wherein I labour as he saith, to prove tithes to be due jure divino, and his answers thereto, my purpose is not here to meddle with them, for that they require a more spacious discourse then either that volume admitted, or I now mean to enter into, it being not a private question, between him and me, but long controverted by greater clerks) and left to this day as questionem vexatam non judicatam. The truth is, the course of my argument lead me upon it, and I therefore produced some arguments tending to the maintenance thereof, but referring the point unto a greater work, and forbearing to declare myself therein, without ample and more laborious examination of so great a controversy: leaving therefore that as a general cause, whereof he may perhaps have more another time, I will here wage myself against him only in those things, wherein he chargeth me particularly in my own person; and passing over amongst them such snatches of his, as scarcely ruffle the hair, I will only meddle with those parts, where he thinketh he biteth deepest.  
First, he quarrelleth with me about the title of my book, in that I use the word Ecclesia for a material Church, or (as in contempt he termeth it) a 
* steeplehouse.  stone-house: affirming in his learning, that it signifieth only the congregation: which assertion if he could make good, would give him a great hand in the cause, for that much of his argument following lieth very heavily upon this pin. Surely if I guess right some Dictionary hath deceived him, for perhaps his reading reacheth not so far, as to resolve him herein: but if two thousand authorities be sufficient to defend me withal, I speak it without hyperbole, I assure myself I could produce them. Who knoweth not how ordinary a thing it is, to have one word signify both the persons, and the place: as Civitas, the citizens, or town; Collegium▪ the society or house; Senatus, the Senators, or Senate house; Synagoga, the assembly, or place of assembly. I am sure he will confess, that where it is said, He loveth our nation and hath built us a synagogue: It is not there meant of the persons, he built them a congregation, but of the place. A Synagogue, and Ecclesia, signify both one and the same thing, the congregation, or place of congregation; in which sense we Christians notwithstanding use only the word Ecclesia, for our congregations, and houses of prayer, for that the Jews had taken up the other word, for their Oratories, according to an old verse:  Nobis Ecclesia datur, Hebraeis Synagoga. 
And in this manner was the word {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} used amongst the Greeks before the Christians borrowed it from them, as it appeareth by some of your Lexicons, where it is said, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}, Caetus, concilium, congregatio, &c. ponitur etiam pro loco ipso in quem convenitur. Lucianus, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. i.e. Ubi curiam (in qua consultant) undique stravero. And that the Church hath ever since used it in the same sort shall by and by appear, when we come to insist more particularly upon this point. Fain would I know what himself would call one of our stone-Churches, in Latin. Templum, savours of Judaism▪ and if I should have used a word of the ancient Fathers, and said, De non temerandis Basilicis, Curiacis, or Dominicis, it may be I should have driven him to his Dictionary, and yet left him puzzled. I thought fanum too profane a word, but he perhaps would think it so much the fitter; for a Church, and a playhouse seem a like to him.  
Another of his quarrels is that I apply the place of Isaiah the Prophet, cap. 56. 7. My house shall be called an house of prayer, locally to places of prayer, whereas he saith, it was spoken figuratively of the congregation of the faithful. I exclude not that sense, but I assure myself our Saviour Christ, when he whipped the sellers out of the Temple, not out of the congregation, applied this Scripture to the very place of prayer: and it is questionless that the old and late classicke writers so expound it.  
Some quotations here were intended out of ancient and modern Authors, which though I could easily supply, yet being loath to add any thing to the original copy, I leave it to the learned reader to consult the Commentators, which is easily done.  
Again it much offends him, that I interpret the words of Saint Paul 1 Cor. 11. 12. Despise ye the Church of God? as spoken of the material place, which after his manner he will also have to be only understood of the Congregation; and had the word ecclesia no other signification, then doubtless he had obtained the cause. But observe I pray, what I have formerly said touching that point, and then take into your consideration, the words of the Apostle as they lie in that chapter. First in the 18. verse he saith, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Quando convenisti in ecclesia. For these be the very words, and how we shall English them is the question. Whether when ye come together in the Congregation, that is, in the assembly; or when ye come together in the Church, that is, in the place of the assembly. I confess the words indefinitely spoken may bear either interpretation, and I condemn neither of them in this place. Yet let us see which is more probable, or at least whether my trespass deserves his reprehension. The Apostle continuing his speech upon the same subject, in the 20. vers. goeth on thus: {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}: as if he should say, convenientibus igitur vobis in eodem; leaving {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}, in eodem, spoken neutrally, and as it were, to be applied either to the assembly, or the place; which to put it out of doubt, Beza, and our English Geneva translation do add the word, locus, a place, in a different letter, to declare the meaning of the Apostle and read it accordingly: When you come together therefore into one place. So that now it is determined how the word Ecclesia, or Church, in the 18. vers. before going is to be expounded: and then join the words subsequent unto it, wherein the Apostle complaineth of the abusing that thing, which before he spoke of, and in reprehension of the abuse committed therein by eating and drinking; he saith vers. 22. Have ye not houses to eat, and to drink in? or, despise ye the Church of God? Where the very antithesis of houses, to eat and drink in, with the Church of God do still pursue the precedent interpretation of Ecclesia for the place of assembly: as if distinguishing between places and not persons, he should have said, Your houses are the places to eat and drink in, but the Church is the place of prayer: otherwise he might perhaps have said, Have ye not other meetings to eat and drink at, but despise ye this holy meeting? And I think it not without special providence, that the Translators therefore did translate here, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}? an ecclesiam Dei contemniti? Despise ye the Church of God? not despise ye the Congregation of God? for the word church, coming of the German word Kirken, and that of the Greek word {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}, which signifieth Dominicum, or the Lord's House, & was in ancient times, as Eusebius and Nicephorus witness, the common name of material Churches, doth to this day properly signify the same: and we do never use it for a particular congregation, but either generally for the body or society of the faithful through a whole kingdom, or common wealth; or particularly for the very place of prayer only.  
This foundation being now laid upon the words of the Apostle himself, let us see how it hath been since understood by the Fathers, and Doctors of the Church, as well ancient as modern. Hierome's opinion appeareth already in my book, and Chrysostom's you shall hear anon. But this man despiseth the first, and therefore I am sure he will account as lightly of the second. A Senate of Fathers moves him not an hair: a right monothelite, he opposeth his own only will against them all. Yet to satisfy some others, whose ears perhaps may be better in tune, I will cite one who for humbleness of spirit, integrity of life, and admirable learning for the time he lived in, hath ever since been venerable throughout the world; and no foreigner but our countryman Bede, who upon these words Numquid domos non habetis?— an Ecclesiam Dei contemnitis?  
Ecclesia (saith he) homines sunt de quibus dicitur ut exhiberet sibi gloriosam ecclesiam, hoc tamen vocari etiam ipsam domum orationum, idem Apostolus testis est, vbi ait, numquid domos non habetis ad manducandum & bibendum? an ecclesiam Dei contemnitis? & hoc quotidianus usus loquendi obtinuit, ut in ecclesiam prodire, ad ecclesiam confugere, non dicatur nisi qui ad locum ipsum, parietesque prodierit, vel confugerit, quibus ecclesiae congregatio continetur. But he will say that all this old wine savours of the cask, therefore we will spend no more time in broaching of it. Taste of the new. Peter Martyr upon the place. Quando convenitis] potest (saith he) hoc referri ad locum qui unus omnes continebat, ita ut notetur corporalis conjunctio, &c. and then, An ecclesiam Dei contemnitis? potest accipi Ecclesia (saith he) pro caetu saecro, vel▪ pro loco quo fideles conveniunt, &c. Si vero de loco intellexeris (ut Chrysostomus videtur sentire) docemur contaminari locum ex abusu. unde Augustinus dicebat, In Oratorio nemo aliquid agat nisi ad quod factum est, vnde & nomen recepit; ad alia munera obeunda plateas & domus habemus. And complaining of abusing of Churches he goeth on: At nunc templa deambulationibus, fabulis & omnibus negotiis prophanis toto die patent C. hristus flagello parato ex funiculis, ejectis ementibus, & vendentibus, templum Dei repurgavit: and goeth still on in this manner much further. Marlorat also a common and good friend to our Preachers being well pleased with this exposition and invective of Peter Martyr, translateth it verbatim into his own Commentary upon this place; and thereby delivereth it also to the world as his own opinion.  
But come we now to that part of my book which puts him most out of patience above all the rest, my application of the 83. psalm to such as destroy Churches, and bereave them of their maintenance. This he saith, fitteth my matter as an elephant's skin doth a gnat, yea it hath no cohaerency therewith either figuratively, allegorical, or anagogical. To retort his scoff I might say, it seemeth, an Elephant of absurdity to the Gnat of his learning: but I desire rather to satisfy him (Si malitia non mutaverit intellectum) then to disgrace him.  
It cannot be denied if there be a correspondency between the body of our Church and Common wealth, with the body of the Church and Common wealth of the Jews, the same must also hold proportionably amongst the members thereof, and in consequence that the passages of state, of government, of peace, war, liberty, oppression, prosperity, adversity, and other occurrents either active or passive, must hold some aspect and analogy, one unto the other. And then also that whatsoever is denounced against the enemies of the one, trencheth comparatively against the enemies of the other. Come then unto the matter. The prophet inveigheth against them that seek to spoil, oppress, or disturb the Church of God seated in India; be it openly by war, or secretly by some stratagem of wit: Doth not this thwart them also that attempt the like in our Church? Yes, saith he, against them of the King of Spain's Armado in 88 and those of the Powder Treason, wherein the universal desolation both of the King and kingdom, Church and commonwealth were not only projected, but attempted by our enemies.  
But show me, will he say, what hath the appropriating of a pelting Parsonage, or the pulling down of a stone-house, which you call a Church, is unto this? for the one is an Elephant, the other but a Gnatt.  
I answer. Eadem est ratio partium quae est totius. And out of this reason and analogy our Saviour Christ argueth him that casteth but a lascivious look to be guilty of the great commandment, non maechaberis, as well as him that committed the very heinous act itself: and then also that whatsoever the Prophet denounceth against them that spoil the Church in general, the same descends upon every particular man, that spoileth the same in any particular part: as, Omne genus praedicatur de omnibus & singulis suis speciebus etiam insimis & individuis.  
Now that the taking up of these parsonages and defacing of places of public prayer is a spoil of the Church of God, appeareth in this, that the means and maintenance of the service of God, and of his ministers is thereby diminished, and destroyed, which subtraction of maintenance from the minister, God in Malachi 3. 8. declareth to be a spoiling of himself, for that his service is thereby hindered, and his Church impaired. And although this man affirmeth, that although there were never a stone-Church or minister in the kingdom, yet the Church, and service of God might stand well enough, for that every man's family is a Church, and every master thereof tied to instruct his servants, every father his children: yet by example of the Church in the time of the Apostles, we ought to have places of public prayer, and some to instruct these masters and fathers; for the husbandman, the artisan, the day-labourer, are not commanded to neglect their vocation and turn preachers, as too many now adays do. And though perhaps some such good men out of their devotion would preach now and then to instruct their brethren, yet who shall do it ordinarily, and where shall the Assembly be entertained; for every town hath not a Guildhall, a Sessions-house, a cockpit, or a playhouse fit for such a multitude. And though they may, as he saith, serve God abroad with Paul; in a dungeon with Jeremy, or on a muckhill with Job, yet heat or cold, wet or wind will hinder them at one time or other: so that doubtless it were very necessary to have a man, and a place publicly appointed for the service of God in every Congregation. And then since this man cannot perform his office without maintenance, and such a place as we speak of, the taking of them away puts him from doing his duty, deprives his parishioners of their instruction, and then by consequence spoils the Church of God; and so the curse of the psalm lieth justly against them.  
But let us now take a view of the gnat he speaketh of, and which he contemneth so much in respect of the smallness thereof. Had there been but three or four of these livings taken from the Church, his fancy might have had the more colour, to use such fond applications: but if it cometh to three or four hundred, it groweth now beyond the size of a Gnat, what shall we then say of 3845. livings, or appropriate Parsonages, 
☞  thus taken from the Church, which is more by 1126. then the half of all those that remain, and within 897. as many as them all: for the Churches not appropriate are but 5439. through all England and Wales. So that the parishes of the Churches appropriate contain near about the one half of the kingdom, which is more, if Jerome in his Epistle to Dardanus (as I take it) deceive 
Dardanus.  me not, then twice so much as all the land of Judea, though we reckon the kingdom of Israel into it, but many times more than the kingdom of Judea, which contained but the two tribes only that stuck to God; and of whose times this psalm seemeth to be a prophecy. And thus ye see both the gnat and the Elephant that he speaketh of, though I mean not to propose them to you by way of comparison, but discover his intemperance or want of judgement.  
But to support his credit with a broken prop, it may be he will say, that upon the appropriating these Churches and transferring of them to the King, there was a provision left in most of the parishes for a Vicar, or Curate to do divine service there, and that nothing was taken from them but superfluity: so to keep them in diet, and bridle their immoderate luxury, which he proclaimeth to be so exorbitant as scarcely all England, and Virginia to boot, can satisfy. Lord bless us! is it possible that our churchmen should become so monstrous? or hath Shimei thus railed against the body of them without his peril? I hope much better of their temperance, then of his tongue: But I leave them to make their own Apology, for I have digressed beyond my purpose, and therefore will spend no time in discoursing upon the provision made for Vicars and Curates in these Churches appropriate. He seemeth to be of Micah's mind, that ten shekels, or a matter of four nobles a year, besides diet and a suit of apparel is a fair maintenance for one of our Ministers. In which point I have elsewhere declared myself at large, and will not therefore here insist upon it; only this I would know of him, what surplusage, or superfluity there could be to give unto the King, or take from the Church, when besides the maintenance of the Ministers, much was to be disposed by them in relieving the poor, and other pious uses.   

Henricus Spelmannus Richardo suo Careo viro praestanti Sal. P. D.  
MAnsuetudinis tu● prorsus est (vir Eximie) ut hominem me parui, & ignotum, tanta benevolentia amplecterere. Quanquam enim secundum honorum vocabula quae fastus mundanus jam obtinuit, Equestris dignitas major sit Armigera; in multis tamēSpelmannus minor est Careo. Nec me certe pudet hoc liberiùs profiteri, Cum magnus ipse sic edocuit Augustinus; & Episcopus licet, presbytero cessit Hieronymo. Placent equidem & literae tuae, & tua omnia; placent seria, placent joci, in nomine verò meo quae egregia benignitate lusisti non possum in tuo (multò illustriori) retribuere. Palmam igitur cedo, & quod Graecis olim, in Caria sua gente admirati sunt, nos in Carea nostra gente agnoscimus: ingenium splendidum, bellarumque intentionum faecundissimum. Deus bone! quantum in nomine, & ominis & numinis? Cariae gentes (inquit Herodotus in clione) omnium quae illis temporibus claruerunt ingeniosissimae erant. An fatale hoc Careo nomini? etiam in alio orbe, & post tot saecula? quin & seni? non equidem invideo, miror magis: sed quem laudas authorem? an non Deus hanc tibi prae caeteris copiam fecit? nec sola haec sed concomitantia multa ●largitus est. Quidi ergo respondit Simon, (Luc. 7. 43.) interroganti domino, Quis plus diliget, nonne is, inquit, cui plus donavit? recte. Nosti quae volo. Si divina clementia tantas tibi▪ indulserit benignitate●▪ perponde sedulò, quantis tu amoris, muneris & obsequii vinculis tenearis. Bona haec omnia in te congessit bonus hic dominus, animi, corporis, fortunae: tune in ipsius familiam hostis accingeris? quin & ab ecclesia sua praedam referes?  
O utinam fortis in re meliore fuisses.  
Sed in hoste probitatem agnosco; video enim vacillantem te quasi, & de militia ista dubie cogitantem. laudo. At ●anum illud consilium amplectere, quod omnium judicio probatissimum habetur, è dubiis certius tene, nec periculis caput objicias: hoc est, omnino te non immisceas rebus sacris & deo dicatis, hoc porro tutissimum. Vides rem non leviter litigatam à doctissimis: Vides patres, Concilia, omnemque Theologorum scholam, graviter hos insectari, qui in res ecclesiae utcunque involaverunt. Esto quod de decimis dissentiant, an sint de jure divino? in isto tamen non consentire solùm, sed & conjurasse plane omnes videatur, Deo dicata surripi non posse in exitium ecclesiae. Quid autem est ecclesiam excindere si hoc non sit? panem tollere ministrorum, quin & sine noxa? At Ecclesiam (aies) in hoc connivisse; Episcopos conspirasse; parliamentaria ipsa comitia Herculano nodo rem conclusisse, & sanxisse? Sanxisse dicam? imo Deum testor quaenam sit sanctitas in ista sanctione. Sed de re summa, summa cum humilitate. Nosti quàm lenis sit ecclesia, tunicam subtracturo, pallium etiam dimisit. Mat. 5. Num auferre igitur haec liceat innocenti? dicant Corvi.  
In eo autem cum salutis spem omnem sacramque ipsam posuisti anchoram; id tandem revolvas animo, quinam hi essent Episcopi, & quoti? Valerentne suis suffragiis procerum laicorum multitudini (qui spe haec omnia devoraverant) repugnasse? Taceo technas, dolum, insidias, quae in tranfigendo negotio forte non defuerant. Sed esto ecclesiam laeta front haec omnia concessisse; Certe eatenus cum Baronio (Ascanio Cardinali respondente) in sententiam ivero, Ecclesiam nihil posse in se statuere, hoc est, in suam perniciem. Idem enim est & se abnuere, & ministros suos non alere. Nam in primis catalysis illius legibus, nihil statutum est de ministrorum alimonio: mel abripitur, sed nec loculi relinquuntur, nec alveus. Etiam ejiciuntur tam apes, quàm fuci, nulla omnino habita examinis ratione. Hoc justum dixeris? Concilio certe tum lapsum est, quod in caeteras itemque regni ecclesias non grassatum sit. Quid enim emeruit ecclesia Petri, ut suis juribus potius privaretur quàm Pauli? Quid ecclesia unius populi magis quam aletrius? à neutris enim peccatum est. Ecce aenigmatis solutionem. Viatorem duplicem furibus eripuimus; liberum hunc adhuc, sed illum vinctum: de utroque statuimus (misericordes) ut invenimus. Emancipatur liber, perpetuo carceri addictus est vinctus. Sic cine nos edocuit (Luc. 10.) Samaritanus? Sic fidem nostram apud Deum tuemur?  
Jurarunt sane hi omnes, jurarunt, inquam, nostri majores, Reges, proceres, parliamentariae ipsae celebritates, hoc est, Regnum integrum, omnisque populus, non suo solum sed & nostro, & nepotum nostrorum nomine, interpositis etiam horrendis execrationibus nulla se un▪ quam temporum aeternitate, haec ecclesiae surrepturos. Quis obsecro nos liberos faciet ab his vinculis? Quis audax orator causam hanc apud Deum aget? An ●locci pendeas? Cave ne fidem, quam apud me splendidam habes illico labefactes. Si beati Rechabitae, qui nuda ipsa patris sui mandata observaverunt, An non maledicti nos, qui non singularis unius, non privati cujusdam parentis mandata contemnimus? Sed quos dixi ●●orum omnium fides sanctione● vot●, iurament●a, per 〈◊〉 quasi improbitate per fringimus, vi●amus, mandataqu●ne potibus anathemata, in singulorum capita tanquam ex desiderio per●ra●imus, cum refractariis Judaeis dicontes, Super no● sint, & natos nostros.  
Vereor insa●os nos (u●i Judaeos) non discernere quae ex his nobis proveniunt cal●●itates▪ Deum enim p●●emus nec mortalium curare vota, sed nec perfidiam: Quid si lex una repentina, ter dena concilia, Senatus-consulta totidem, omnium patr●● dedreta, una explosione disruperit? adeone in ea sic inhaerendum est ut ne in judicium, ne in examen vocetur? non cogitabo equidem quod in Tridentinum Concilium solus ausus est & satis faeliciter Chemnitius. Sed iniquas leges peccanti faepe populo irrepere novum non est▪ etiam in poenam alias à Domino immissas esse, ut scriptum est, Dabo ijs leges quae non sunt bonae. Mihi autem videtur, cum de abolendis monasteriis cogitaret Senatus ille consultus (Anno 27. Henrici octavi) nihil etiam tunc in animo habuisse de tollendis parochialium decimis praedijsve; sed de his tantum egisse quae ipsis caenobiis inherebant: vel si quis id in cornu haberet faeni, latuisse hoc opinor sanctos patres qui concilio aderant: in illo enim Actu ne verbum quidem de parochianis decimis nec de ecclesiis, praediisve parochialibus. Sed nec de ipsis (quas vocant) appropriatis Cum verò in vulgus jam exiisset Actus ille parliamentarius, caeperintque omnia demoliri, & vi eripi, è jurisconsultorum prodiit interpretatione, ut praed● haec etiam in casses regios redigeretur. Pardita ergo ea demum inter regni nobiles, necessariò tandem habitum est, ut subalternis legibus corroboraretur.  
Sed quò me rapiet fili hujus deductio? disium pendum certe est, ne ulterius trahar in labyrinthum. P●ture● incaepturus silentii veniam (verbo uno aut altero) à te exorasse; quod in rus vocatum, itineris me cura jam sollicitat; Quandoquidem vero neque brevis est (dum redeam) via, sed nec tempus; haec interea nobis excussit amor erga te noster fusiùs multo quàm cogitarem. Academici autem nitoris nihil in nostris paginis disquiras, oportet. Commune enim illud (quod scribis) mihi tecum est. Cantabrigia (miserum me) mater exuit cum 17. aestates non salutaveram, trajectoque celerrime Lincolniensi hospitio, in patrium solum adolescens revocor. Gravibus hinc inde implicitus negotiis privatis, (nec à publicis liber) ter rapior in Hiberniam. Quod reliquum fuit vitae spatium, domi satis aerumnose exegi, denuò otii desiderio captus Londinum tertio hinc anno veni: pace vero mihi videbar exoptatissimâ fruiturus, qua Musarum limina ex voto delibarem. Sed En! nova in me rerum tempestas, nova litium moles, inopinatè proruit; qua luctantem adhuc varieque agitatum, nescio quousque detinuerit. Poetae autem illud teneo,— dabit Deus his quoque finem. Habes vitae nostrae compendium; & (quam vides) magnam amoris effusionem donec aliis tuis (per literas) quaesitis respondero. Sancte & faeliciter vale.  
Londini, 18. Septemb. 1615.   

A Treatise concerning Impropriations of benefices, Cum privilegio regali.  
THE PREFACE.  
To the King our most gracious sovereign Lord, Francis Bigod Knight, his humble and true faithful subject, and daily orator, wisheth daily augmentation and increase of grace and honour.  
I Did not perfectly know (most gracious, most christian, and most victorious Prince) how that among all other virtues, that the virtuous gifts given by grace only, through the goodness of Almighty God, of the incomparable gift of gentleness and humanity, did so abundantly, accumulately, and so manifestly possess and reign in your noble and princely heart, till that now it appeareth manifestly by your exterior noble acts and deeds; for else undoubtedly I would not only have been ashamed so to attempt rudely, foolishly, and rather presumptuously to trouble and disquiet such an imperial majesty, with this my rude and barbarous writing, in the hindrance of your godly and spiritual studies, with which your highness taketh such intolerable pain: as well to set forth the mere sincere and new glory of God, as also the establishment, quietness, and unity of this your christen Comen wealth. But also in my own conceit and opinion calling to remembrance my great and manifold insufficiency in learning, to write unto so mighty and famous a Prince I should even by and by have disallowed mine own behaviour in that behalf, and judged myself worthy of blame▪ but now considering most benign sovereign Lord, how much all your subjects be imperpetually bound to laud, praise, and glorify almighty god, to send unto us so christian a King to have rule and governance over us your subjects, by whose great and inestimable diligent labour, charge, study and pain, we be delivered from the hard, sharp, and X. M. times more than judicyall captivity of that babylonical man of Rome to the sweet and soft service, yea rather liberty of the gospel. I can for my part no less do, then to present to your grace something thereby to declare how gladly I would give thanks to your highness, for such proofs, as I among others have received by this said benefit in our deliverance which act is of itself so highly to the great peace, unyte and wealth of this most noble empire of England, that if there were none other cause but that only we were bound to and with all our diligence and industry to study, labour and devise how this benefit exceeding all other, might world without end be extolled, praised, and made immortal, and to receipt how much the furtherance of god's glory is by the same act set forth and advanced, my learning ne yet wit will not serve me▪ Yet I dare boldly affirm, pondering and considering deeply the effect and circumstance of this matter, This act is no less worth than well worthy to be set in the book of Kings of the old testament, as a thing sounding to gods honour, as much as any other history therein contained. but what should I attempt or go about to express the condign and everlasting praises and thanks, which your majesty hath deserved of all your hole Cominalt for the benefits before named, unless I would take in hand like an evil workman which by reason of his unperfectness in his science should utterly stain and deface the thing he would most earnestly and diligently show and set forth. I will therefore most excellent Emperor of this realm, set all this aside, and show to your grace the cause of my enterprise, for so much as I perceive that all your gracious proceedings are only driven and conveyed to the most high, just, and sincere honour of Almighty God, the public wealth, and unity of all Christendom, most especially of this your most noble realm of England, it hath animated and encouraged me according to the small talon of learning that the Lord hath lent to me to put your grace in remembrance of the intolerable pestilence of Impropriations of benefices to religious persons, (as they will be called) some to men, and some to women, which in mine opinion is a thing plainly repugnant to the most holy and blessed decrees and ordinances of Almighty God, and highly to the extolling, supporting, and maintenance of the usurped power of the Bishop of Rome, as your Majesty shall perceive in reading of this little treatise, which your grace not being offended, I shall ever, God willing, be able justly to defend, and also stop the mouths of them, that shall say and abide by the contrary, and that not with mine own words, but with authorities of holy Scripture. And further I do most humbly upon both my knees beseech your imperial Majesty, that unto such time, as this my little book be clearly confuted by like holy Scripture and authorities, as I have approved the same, that it may safely go abroad under protection of your gracious and redoubted name.  
And for the prosperous preservation of your most royal estate, of your most noble and virtuous▪ Queen, of your dear daughter Lady Princess, daughter and heir to you both, (according to my most bound duty) I shall daily pray, my life enduring.  
Sir Francis Bigott Knight of Yorkshire wrote this 
Note.  Treatise: whereof this Preface I received from Sir Henry Spelman, but the rest of the book, I could never yet find, though it be mentioned by several Authors, Bale, Hollinshead, and lately by Sir Richard Baker in his history. It seems to have been written after the King's breach with the Pope, his marriage with Anne Bolen, and the birth of Queen Elizabeth: as I conjecture by circumstances. His purpose was chiefly bent against the Monasteries who had unjustly gotten so many Parsonages into their possessions. It is much desired that if any man have the rest of the book, that he would please to communicate the copy, that hereafter, as occasion serves, it may be published completely, together with some other things of this argument, that the learned Knight hath committed to my charge: but by reason of the present troubles I cannot now attend to prepare them for the press. As for Sir Francis Bigott himself, he was found afterwards active in the troubles of Yorkshire, that happened in 28. H. 8. and being apprehended among others, was put to death, 29. H. 8. as our common Chronicles do report.  
Baleus saith of him.  
Franciscus Bigott ex Eboracensi patria auratus eques, homo natalium splendore nobilis, ac doctus, & evangelicae veritatis amator, Scripsit contra clerum.— De Impropriaribus. lib. 1. Quosdam item latinos libros anglicanos reddidit, inter seditiosos tandem, anno Domini 1537, invite tamen eo, repertus, eadem cum illis indigna morte periit.   

To the right Reverend Fathers and Brethren, the Bishops and Ministers of Scotland.  
I Have caused this little Treatise (right reverend and beloved in the Lord Jesus) to be printed again in North-britain, for many causes: first, because I was informed, that there came forth, but a few copies at the first printing thereof in South-britain: again, I hope this doing will incite that worthy Knight, the author thereof, quicklier to send out the greater work, which he promiseth of that same argument; but principally to incite you, whom these matters most nearly do concern, to look into them more advisedly, then as yet ye have done: it was a private occasion, as that worshipful Gentleman showeth, that led him to this writing: You have a public, whereof it is pity you are so little moved: who seeth not the state of the Church of Scotland as concerning the patrimony to go daily from worse to worse? Sacrilege and Simony have so prevailed that it beginneth to be doubted of many, whether there be any such sins, forbidden by God, and condemned in his Word? Neither can you deny the cause of this evil, for the most part to have flowed from yourselves: your selling and making away of the Church rights without any conscience, the buying and bartering of benefices, with your shameless and slavish courting of corrupt patroness, hath made the world think, that things ecclesiastical are of the nature of temporal things, which may be done away at your pleasures: and where at the first it was mere worldliness that led men on those courses, now a great many to outface conscience, and delude all reproofs, they stand not to defend that Lands, Tithes, yea whatsoever belonged to the Church in former ages, may lawfully be alienated by you, and possessed by seculars: which opinion must either be taken out of the minds of men, or need you not look to have these wicked facts in this kind unreformed: to this end should all ecclesiastical men labour to inform themselves, as well by the Word as by the writings of Ancients, and Constitutions of counsels, touching the right and lawfulness of ecclesiastical things, that when they are persuaded themselves of the truth, they may the more effectualy teach others. There is no impiety against which it is more requisite you set yourselves in this time: for besides the abounding of this sin and the judgement of God upon the land for the same, who doth not foresee, in the continuance of this course the assured ruin and decay of true Religion?  
Of all persecutions intended against the Church the Julian was ever held to be the most dangerous: for occidere presbyteros, is nothing so hurtful, as occidere presbyterium. When men are taken away, there is yet hope, that others will be raised up in their places: but if the means of maintenance be taken away, there followeth the decay of the profession itself: Men do not apply themselves commonly to Callings, for which no rewards are appointed; and say that some have done it in our days, some out of zeal, and some out of heat of contention, yet in aftertimes it is not like to continue so; neither let any man tell me, that a Minister should have other ends proposed to him, then worldly maintenance. I know that to be truth, yet as our Lord in the Gospel, hoc etiam oportet facere, Et illud non om●●ere. Speaking of payment of tithes to the Pharisees: It behooveth them, saith he, to be paid: if not, it is not to be expected, that men will follow the Calling.  
To rest upon the benevolence of the people, as it is a beggarly thing, and not belonging to the dignity of the ministry, so the first maintainers of that conceit have found the charity of this kind so cold, that they will not any more stand by their good-wills, to this allowance. Therefore it lieth upon you to foresee the estate of your Church, and either in this point of maintenance to provide that it may be competent and assured, else look not for any thing but ignorance and baseness, and all manner of mischiefs which flow from these, to invade the whole kingdom.  
How a competency may be provided, except by restoring the Church to her rights, I do not see; and what this right is, if I should stand to define, and justify it here, I should exceed the bounds of an Epistle. Many of this time have cleared the point sufficiently. And if any scruple be remaining, the worthy author, I hope, will remove it in the greater work we expect: whose judgement and dexterity in handling the argument, may be perceived by this his little pinnace. It should shame us of our calling to come behind men of his place, elther in knowledge, or zeal. His example who is nothing obliged, to labour in these points, as you are, shall do much, I trust, with you, for the time to come. Should any look carefuller to the Vineyard than the keepers? or should any outgo the servants of the house in diligence? Repent therefore and amend your own negligence, in ●his behalf, and call upon others for amendment, whilst you have time. Think it not a light sin, to spoil God's inheritance; and if we look for heaven, let us be faithful to our Lord here on earth. I beseech God to give us all wisdom, and keep us in mind of that strict account, that we must one day give for all our doings, and chiefly these which concern the Church, which is his body. Amen.  
I thought good not to omit this Epistle to the Clergy 
Note.  of Scotland, prefixed before this edition at Edinburgh, presently after the first impression here; both because it proceeded from apious intent of the author, who it seems was very well affected, as also because he showeth the concurrence and approbation of the best religious in that kingdom, where sacrilegious practices have invaded that Church, more violently, since the days of reformation, and clear light of the Gospel, than ever was done in the darkest times of popery. Rolloc a grave and learned Divine of Scotland hath (besides Master Knox and others), in his Commentary upon Dan. 2. & 5. discovered his judgement against the sacrilegious practices of his time, and countrymen, reprehending them sharply, for taking to their own use and profit, all that was pulled from the Church: and doth severely cite them to answer it before the tribunal of God: which though they neglect and contemn, yet (saith he) they shall be made inexcusable thereby.  
Master Knox not long before his death, wrote to a general Assembly holden at Sterling, 6. August 1571. and his Letter is among the Records of that Assembly, out of which it is also published, with many other Records of Parliaments, and Assemblies there holden in the compass of sixty years, in a Declaration lately of the Church of Scotland.  
The mighty Spirit of Comfort, wisdom, and Concord remain with you: dear brethren, if ability of body would have suffered, I should not have troubled you,— &c.— but now brethren, because the daily decay of my natural strength threatens unto me certain and sudden departure from the misery of this life, of love and conscience I exhort you, yea in the fear of God, I charge and command you, that you take heed to yourselves, and to the flock over the which God hath placed you pastors. To discourse of the behaviour of yourselves I may not, but to command you to be faithful to the flock, I dare not forget. Unfaithful traitors to the flock shall ye be before the Lord Jesus, if that with your consent, directly or indirectly ye suffer, unworthy men to be thrust into the ministry of the Church, under what pretence that ever it be. Remember the Judge before whom ye must make an account, and resist that Tyranny, as ye would avoid hell fire. This battle I grant will be hard, but the second part will be harder, That is, with the like uprightness and strength in God, ye gain-stand the merciless devourers of the patrimony of the Church. If men will spoil, let them do it to their own peril and condemnation; but communicate ye not with their sins of whatsoever state they be, neither by consent, nor yet by silence, but with public protestation make this known to the world, that ye are innocent of such robberies, which will, ere it be long, provoke God's vengeance upon the committers thereof, whereof you will seek redress of God and man. God give you wisdom, strength and courage in so just a cause, and mean happy end.  
Knox. Saint Andrews. 3. August. 1571.   

An answer to a question of a Gentleman of quality (proposed to and made by a Reverend and learned Divine living in London) concerning the settlement or abolition of Tithes by the Parliament, which caused him to doubt how to dispose of his son whom he had designed for the Ministrey: wherein also are comprised some Animadversions upon a late little pamphlet called, The country's plea against Tithes, discovering the ignorant mistakings of the Authors of it, touching the maintenance of the ministry.  
Sir,  
THough it were high presumption for a private man, as I am, to presage what so wise a Senate as the Parliament will do for the future, either in point of Tithes, or any other affair of so public concernment, yet I hope I may, without reaching above my line, take upon me to tell you, that the ground of your doubt touching their alienation of Tithes from the ministry, (which I shall bring in its proper place) is but such as will serve rather to bear up a transient suspicion or surmise of such a matter, than a settled assurance that it either is so already, or that hereafter it will be so. For the first, That it is not so, I am sure; because,  
1. They have passed an Ordinance for the Ministers recovery of Tithes, and other ministerial dues from such as do detain them, November 8. 1644. which is still in force, through the influence of their power and favour.  
2. They have made competent additions to very many livings out of impropriated Tithes in the hands of Delinquents; and this they have done with so much cheerfulness, and beneficence on the Ministers behalf, by the Committee for plundered Ministers, that many have cause to bless God for them as their great Patrons, and benefactors for that manner of maintenance; wherein they have done beyond and above any Parliament that were before them, and they continue and persist in the making of such augmentations, as occasion is offered, to this very day.  
3. They have given the repulse to divers petitions against Tithes, which by the instinct and instigation of men of unsound principles and unquiet spirits have been put up unto them.  
For the second, that they will not take them away in time to come, I have these grounds, if not of infallible certainty, yet of very great probability.  
Though they have resolved upon the sale of Bishops lands and revenues, in their Ordinance of November 16. 1646. for that purpose, they have made an especial exception with respect to the maintenance of Ministers in these words, Except parsonages appropriate, tithes, tithes appropriate, oblations, obventions, portions of tithes, parsonages, vicarages, Churches, chapels, advowsons, donatives, nomination, rights of patronage and presentation.  
In excepting the right of patronage, they mean neither to leave it to the power of the people to choose what Minister they please, (and the practice of the Honourable Committee for plundered Ministers showeth the same, for they appoint and place Ministers very often without the petitions of the people, and sometimes against them, as their wisdom seeth cause; and if it were not so, many would choose such as deserved to be put out again.) Nor to put the Ministers upon the voluntary pensions, or contributions of the people for their subsistence, but assign them under such a title what belongeth unto them by the Laws of the Land, viz. Tithes, obventions, &c. which intimates their mind not only for the present, but for the future.  
Their wisdom well knoweth that the Revenue of Tithes as it is most ancient for the original of it, and most general in practice, both for times and places, so it hath the best warrant from the word of God (not only in the old Testament, which none can deny, but in the new, which though it be denied by some, is averred by others, as D. Carleton, M. Roberts, D. Sclater, M. Bagshaw, in their treatises of Tithes, and yet unrefuted by any) and from the Laws of many Christian States, especially from the Statutes of our kingdom, whereof abundant evidence is given in the book of the learned Antiquary, Sir Henry Spelman.  
3. That notwithstanding all the authority that may be pleaded for them, the people are backward enough to pay to their Ministers a competent maintenance; and if Tithes should be put down by the Parliament, it would be very much ado to bring them up any other way to any reasonable proportion of allowance for their support; and so in most places the ministry would be reduced to extreme poverty, and that poverty would produce contempt of their calling, and that contempt atheism.  
4. That it is evident that such as make the loudest noise against the tenure of Tithes, are as opposite to the office and calling of Ministers as to their maintenance; and intend by their left-handed logic (because as the saying is, the Benefit or Benefice is allotted to the office) to make way for the taking away of the ministry, by the taking away of Tithes; and not to wait the leisure of consequential operation, (according to the craft of Julian, who robbed the Church of means, expecting the want of wages would in time bring after it a want of workmen) but presently to bear down both, as Relatives mutually infer one another, as well by a negative as a positive inference; and so as the Parliament having put down the office of the Prelacy, now makes sale of their lands, they, if they could prevail for the discarding of Tithes, would by the same argument (clamour and slander) presently and importunately press for deposition of the ministry. And we see how they take upon them with equal confidence and diligence, not only to write, but 
a Erbury at Oxford and Cox at London.  publicly to dispute against them both.  
5. That if rights, so firmly set upon so many solid foundations, should be supplanted, it would much weaken the tenure or title that any man hath to his lands, or goods, and would be a ready plea for rash innovators; and the rather, because of the manner of the Anabaptiss proceedings, who began their claim of Christian liberty with a 
b Sleydan Comment. l. 5. fol. 71. a  relaxation of Tithes, and went on to take off the Interdict or restraint in hunting, fishing, and fowling, wherein they would allow neither Nobility, nor Gentry, any more privilege than the meanest peasant. And as their principles were loose; so were their practices licentious, for they held a 
c Ibid.  community of goods, and equality of estates; 
d Bonorum quoque communione & humanitate cum primis esse consentaneam, & ut ex dignitate sunt omnes aequales, & ex conditione libere & promiscuè omnibus bonis utuntur. Ibid. fol. 64. prope finem.  whereupon 
e Quo factum est, ut vulgus ab operis atque labore desisteret, & quâ quisque re careret ab aliis qui abundabant etiam invitis acciperit. Ibid. See also l. 10. princip.  the Common people gave over their work, and whatsoever they wanted they took from the rich even against their good wills; So that it was a breach of their Christian liberty, belike, to have a lock or a bolt on a door, to keep a peculiar possession of any thing from them. And the liberty was more and more amplified, according to the fancies of their dreaming doctors, for their dreams were the oracles of their common people; and every day they set forth their liberty in a new edition, corrupted and augmented, till all the partition walls of propriety were broken down; and so not content to have other men's goods at their disposal, and to be quit from payment of rents, and debts, (having made a monopoly of Saintship to themselves) they excommunicated all who were not of their faction both out of sacred society of the Church, and out of common communion in the world as wicked and profane, and unworthy not only of livelihood but of life also; and usurped a power to 
a Promittebat auxilium quo viz. impiis interfectis, novi substituerentur principes & Magistratus: namà Deo sibi mandatum esse profitebatur (scil. Muncerus) ut sublatis illis constitueret novos Ibid.  depose Prince and other civil Magistrates, as they pretended they had commission to kill them, and to constitute new ones in their stead as they should think fit. 
b Sathanas sub Evangelii praetextu multos hoc tempore seditiosos & planè sanguinarios excitavit Doctores. Sleydan Comment: l. 5. fol. 72. See more of their Doctrine l. 10. principio. and of their doings in the following discourse of the Author of the same book.  Such seditious and sanguinary Doctors, as Luther called them, did Satan stir up under the pretext of evangelical liberty; a liberty which in them admitted of no bounds, being like the &c. oath without banks, or bottom, of no rule or order, being carried on with a wild and giddy violence; such as the great and pernicious impostor of the world prompted them unto, though they vented their diabolical illusions under the Title of Divine Revelations, as the Prince of darkness made them believe, when he put on his holiday habit, the appearance of an Angel of light. 2 Cor. 11. 14.  
6. That the payment of Tithes where there are the fruits of the earth, and increase of cattle, out of which they may be raised, is the most equitable way and means of maintaining the Minister, since such a gain is not only harmless, and without sin, for the manner of acquisition, (which we cannot say of pensions and exhibitions made up out of trade or traffic) but such as may be most permanent and constant, since whether the Tithe be less or more, it is still proportionable to the other nine parts; and if the years be plentiful, there is the more provision for housekeeping, if scarce, that part though less is the more in price and worth, either for use in kind, or for exchange for other commodities. Whereas a rate in money which is competent in some places, and at some times, is incompetent in others, such is the change both of moneys and necessaries bought with money. For money, the time was when an ounce of silver now at 5. s. was valued but at 20. d. So in the Act of Parliament in the third of Edward the first, Coke Instit. part 2. p. 410. when 20 marks a year was enough honourably to maintain a Student at the inns of Court. Fortescue is his Commentary on the laws of England, c. 49. p. 114. And this was held so great a charge as was to be borne only by the sons of Noblemen, and therefore they only, saith the same Author, studied the laws in those inns, Ibid. And of old the Revenues fit for a Knight was rated to 20. l. a year, of a Baron to 400 marks a year, and of an Earl 400. l. a year: Coke Instit. l. 2. c. 3. Sect. 95. fol. 69. and Lindwood in his provincial Constitutions notes upon the rate of a Vicarage (for such by the fraud and rapine of the superior Popish clergy 
a Vitario perpetuum stipendium quinque marcarum statuitur, nisi in partibus aliquibus Walliae ubi minore contenti sintd. Lindwood constitut. l. 1. de ofsic. vicar. sol. 46. p. 2 col. 2. in Textu & fol. 47. p. col. 1. said in glos. lit. g. Augmentatio facta est ad 8 Marcas, sed tamen alii qui non sunt contenti sine decem Marcis; & revera 5 Marcae non sufficiunt ad hospitalitatem & alia Ibid. in glos. lit. g.  were many times deprived of Tithes, and put to pensions) that it was to be 5 marks in England, but in some parts of Wales they were content with less, afterwards their means was augmented to 8 marks a year, but some would not be contented with less than 10 marks a year; and, indeed saith the gloss, 5 marks was too little for Hospitality, and other expenses; implying that 10 marks was sufficient for all occasions.  
2 As for money, so for commodities to be bought with it, the prices have been very various; In the 
b See Polt Abridg. Edict. Londin. 1640. p. 11.  Statute entitled Assisa panis & cervisiae, made Anno 51 H. 3. and Anno Dom. 1266. the dearest rate for a quarter of wheat (which in the middle of the kingdom is a measure containing eight times four pecks, I render it by that proportion, because it is more genearally known) was 12. s. the cheapest 1. s. so that betwixt these two extremes the ordinary rate might be about 6. s. the quarter. And for other provisions the rate set upon them in a dearth in the reign of Edward the second was this, for an ox fatted with grass fifteen shillings, for one fatted with corn twenty shillings; the best cow twelve shillings, a fat hog of two yeanes old three shillings; a fat sheep shorn fourteen pence, with the fleece twenty pence; a fat goose two pence halfpenny, a fat capon two pence halfpenny, a fat hen a penny, four pigeons a penny, so that whosoever sold above should forfeit their ware to the King. Dan. Hist. l. 2. p. 209. And I well remember that not very many years ago there was a controversy brought before the commissioners of charitable uses in Cheshire, wherein was discovered the cheapness of things in former times: the case was thus. There was a legacy of twenty marks given to the parish of Wood-church in that County to buy oxen to till the ground of poor men, with which small sum at the time of the donation, (about sevenscore years before) were bought no fewer than twenty yoke of oxen; which because the poor people were not able so to keep that they might be strong to labour, it was thought fit to sell them and to buy in their stead as many milch kine as the money would reach unto, which were to be hired at a low rate to such as were not able to buy such cattle for themselves. But it is yet a cheaper price we read of in Edward the first his days, when by Stat. Westm. an ox was to be sold but at 5. s. so in the 13th year of Edward the 1. cited in Coke Instit. part 2. p. 410. How rates are raised in the present age (whether by scarcity of things, or by the increase of people, or multiplication of coin, or all) is not unknown to any, and too much experimentally by many whose portion is too penurious for their necessary expenses. Nor is this great difference of rates, either for money, or for goods, brought to pass on the sudden, but raised by degrees; so that if the rule of tithing should be laid down, the Ministers wages must be changed, as jacob's was in Laban's service, many times over, which would be an intricate trouble to proportion according to several variations of persons, and places; to which inconvenience the maintenance by Tithes is not obnoxious; nor to any other, which may be compared with such as will hardly be separated (if at all) from the alienation of Tithes.  
That if any innovation be made in this matter, and the people be displeased with it, (as they will quickly be displeased with any thing which puts them to cost) they will take the more boldness to contemn it, because it is new, and for that it neither hath, nor is like to have such a ratification of authority, either divine, or human, by constitution or prescription, as tithing hath had; no, though it should be supposed to last to the end of the world. For Tithes were paid 1933 years, almost 2000 years before Christ; Salian Annal. Tom 1. p. 251. nu. 41. & since Christ (excepting some times of persecution) for the most part of sixteen hundred forty six years; and we cannot hope the remaining age of the world will hold out half so long.  
To these I could add divers other considerations of importance, which cannot be hid from the prudence of such a multitude of sage Counsellors as that most Honourable Senate the Parliament consisteth of; which maketh me confident that before they give assent to any such petitions as are put up against Tithes, they will be pleased to hear what the assembly of Divines can say in answer to such objections, as are framed against them, upon pretence either of Scripture or religious reason.  

Animadversions upon the Petition of the Committee of Kent.  
AGainst this, that which moved you to think the Parliament would take away Tithes, was, that you have read in one of the news books, that the Knights and Gentlemen of Kent presented a petition to the Honourable House of Commons, against the payment of Tithes unto Ministers, and that they received thanks from the Speaker in the name of the House for that service, and that it is held fit to be a leading case for all other Counties of the kingdom.  
You must beware how you believe the news books, for they are many times ignorantly and inconsiderately erroneous, or fallaciously false, out of an ill affection to some, and apparent partiality to others.  
For the Petition itself, 1. It cometh not as from the Knights and Gentlemen of that County in common, (who I am credibly informed are not very well pleased with it) but from the Committee of Kent, who (if they be like the Committees in many places) are not all of them men of sound, and orthodox Judgement, neither for matter of Tithes, nor for divers other Tenets of Religion.  
2. Howsoever they profess a good meaning to establish a sufficient maintenance for godly and well deserving Ministers; a very good meaning to extend it so far as to succour their widows and fatherless children, as we see by the 8th proposition of their new project. It will be a problem (which the present age perhaps will not be able to resolve) who the trustee in after times will accept for such Ministers; although they may have cause to suspect that some part of Kent for the present is not so reformed as it should be; Anabaptists and other sectaries having misled many into adverse principles, not only to Tithes, but to other matters of moment, concerning man's duty both of the first and second Table.  
3. For their exceptions against the received maintenance by Tithes they say first, in general, That they bewail the sad condition of the Country, in respect of the uncertain floating, and miserable condition of the Ministry, occasioned by the very nature, manner, and adjuncts of the way of Tithes; which the experience of thus many ages doth plainly evince to be miserably attended with these ensuing mischiefs.  
To which I answer;  
That the miserable and floating condition of the Ministry proceeds not from the nature, manner or adjuncts of their subsistence by way of Tithes; nor doth the experience of thus many ages (that is, of the precedent ages hitherto) evince so much; for God (who is omniscient, and therefore cannot but foresee all subsequent inconveniences for many hundred years to come) established that means to be a standing and settled maintenance for his service; and the misery of the Ministry proceeds not from the nature or manner of Tithes (which to affirm may seem to coast too near their conceit who imagine God to be the author of sin) but from the ill consciences of men, who make no scruple to rob God of his right, Malach. 3. (for Tithes are his portion, Levit. 27. 30.) and Ministers may suffer very much in the present age, because there be many anabaptistical sectaries (from which Kent is not more free, but as some say, more infected than some other Counties) who take up importunate clamours against Tithes as Antichristian and Jewish; and there will be the more by the countenance they may have from such a petition; and such petitioners, because divers of them are of good reputation, not only for wealth, but for their wisdom and learning well affected to Religion and the Parliament; and I believe it the rather, because some godly ministers have expressed their approbation both of it & them, though therein I conceive they showed more of the simplicity of the dove then of the wisdom of the serpent; for albeit their meaning might be so to gather the Tithes, and to put them into such hands, as might be rather for the Ministers ease then for their loss, no man can prophesy that so good a spirit will descend upon their successors, nor how cross they may prove to such a Christian Intention.  
2. For the particular exceptions, they say; first, That for the nature 
Petit.  of this subsistence it is a very mystery, and secret, not easily without much art and industry attained unto; namely for the Minister to know his dues demandable, or the parishioners their dues payable; whence ariseth that multitude of scandalous and vexatious suits and brabbles betwixt Ministers and people, which doth fill all the Courts at Westminster, and other the Justice-sittings in the Country likewise with causes in this kind.  
In this charge there be two particulars contained, first, of the difficulty of knowing the right of Tithes; secondly, of the vexatious suits raised betwixt pastors and people upon that ground.  
For the first, It is a very strange mystery, that after so many hundred years of Tithing it should not yet be known what it is; but I doubt not but in this case the right is better known unto Ministers that should receive Tithes, then acknowledged by the people that ought to pay them; And how can they set up their new design upon the old foundation of Tithing, as they project it, if it cannot be known what is the Ministers demandable due, what the people's payable duty: that model is more like to be a mystery which they propound, since it was never heard of in this kingdom until they had devised it; and as like it is to prove a misery to Ministers, if their portion should come into no better hands than most of theirs, who have petitioned against Tithes since this Session of the Parliament.  
And secondly, for the multitude of scandalous and vexatious suits, they make no more against the Right of Tithes, then against borrowing and lending, buying and selling, letting of leases, settling inheritances, jointures, &c. upon which titles are set the greatest number of suits; and for suits for Tithes if the law allow them a right, it alloweth them a remedy to recover that right; and for the suits that were occasioned thereby, they are neither so many as is here presented, nor so scandalous for the Ministers part, for they may be imputed to the old avarice of worldly minded men, who being of a contrary mind to the Apostle, think it an hard bargain to exchange their carnal for the Ministers spiritual things; but principally to the new principles and practices of such unreasonable reformers, as imagine they are never far enough removed from one extreme until they arrive at the other, accounting all superstitious in point of Tithing, that are not sacrilegious.  
2. For the manner of it, respecting either the collecting or payment 
Petit.  of Tithes, it is a mutual scourge in the hand of Ministers and persons each to other, if either or both (as too often it happens) prove covetous or cross.  
If it be a mutual scourge, it would well become the wisdom 
Answ.  of these Committee-men to inquire where the right is, and who doth the wrong, and to project a way how the wrongdoer may be made to do right and to give due satisfaction to such as suffer under an undeserved scourge, and I hope when our reformation is grown up to such a competent degree of strength and stature as that it may quit the service of Country Committees, there will be no more cause of such a complaint then for many hundred years heretofore there hath been.  
3. For its adjuncts (that is of the maintenance by Tithes) the 
Petit.  mischiefs of them will appear innumerable, if the pregnancy of only one be but considered; namely, in the unreasonable proportion of livings, or values of Churches to which they are belonging, whence ariso these inseparable evils.  
By what new-found logic will you frame such an Induction, 
Answ.  as from one particular to infer innumerable mischiefs, particularly from the disproportion of livings? You seem to think otherwise, where you say in your 8th proposition, that in the distribution of the revenues for Ministers regard must be had to the desert of the person, his family, and charge; if so, certainly there is a great disproportion in deserts; and for charge it is considerable, not only for the greatness of a Ministers family, but for the dearness of his education; some have spent many years, and a large patrimony in the University, to make them fit for the ministry; and should not they be supplied with a more liberal allowance (caeteris paribus) then those who have been at little expense both of time & estate to be duly qualified for such a calling? If the proportion of parts, and pains, of charge both academical, and economical, be duly weighed, there will be many more livings found too little then too great for a Ministers maintenance; especially if you will allow him a Library (such as a learned Knight thought necessary for a Minister) of 600. l. value. But if the proportion be unreasonable, must Tithes be supplanted and their ancient Tenure abolished for such a disproportion? must the foundation be digged up because the building is too high? may not a tree, whose branches are too luxuriant, be lopped, and left entire in the body and root? when a man's beard is too long, will you cut off his chin? that out of doubt were an unreasonable reformation.  
4. From this unreasonable proportion, you say, arise these unseparable evils: 1 That most unworthy persons, who by favour 
Petit.  or friendship or any sinister ways can get into the greatest livings, being once invested with a legal right of freehold for their lives, securely sleece the flock, and feed themselves without fear or care, more than to keep themselves without the compass of a sequestration, whilst others both painful and conscionable both serve starve.  
This is not (as you call it) an unseparable evil from the proportion you speak of; for there be some men who have 
Answ.  had, and at this present have great livings, not by any sinister ways, but by such favour and friendship as is ingenuous, and just, and who keep as great a distance from desert of sequestration as any Committee man doth within the County wherein they live. And if they carry themselves so as to be without fear and care, and without the compass of a sequestration, in these inquisitive and accusative times, they are more to be countenanced and encouraged then many of those who are professed adversaries to them. But the matter, it seems, that troubles you is, that they are invested with a legal right of freehold for their lives, and if they have such a right, and walk so warily as to keep out of the reach of a just sequestration, why should they not enjoy it? would you have all to be betrusted to the discretion and conscience of your arbitrary Committees? Truly Gentelemen, we are afraid to trust you so far, as to give up such a certain title as formerly and anciently established upon the Incumbent by the fundamental laws of the Land, as the right of any person to his temporal estate, and to stand to your arbitrary dispensations for our livelihood; lest Laban-like you should change our wages ten times: and if your petition should take place, it might prove of very ill consequence in another generation, were you never so well minded, and it may be sooner (in the next succession:) for if the trusties should be either proud or covetous, or profane or licentious, heretical, or schismatical, the best ministers might happily be the worst dealt withal; and the right of receiving Tithes taken out of their hands might put them into the passive condition of silly and impotent wards under subtle and domineering Tutors or Guardians, in name such, but indeed nothing less than assertors and defenders of their rights, as Tutors and Guardians ought to be. And that our fear and jealousy is not without cause in respect of trusties and Committee-men, nor so much of you in particular, of some of whom we have heard and believe much good, as of such as may have as great authority without so good an intention, we shall give you our ground out of the observation and complaint of witnesses above exception, viz. the well affected freemen and covenant-engaged Citizens of the City of London, in their humble representation to the right Honourable the Lords and Commons in Parliament assembled, in these words. And here we may not omit to hint unto your Honours the exorbitant practices of many Committees and Committee-men, who have such an influence by means of their authority upon the people, they being at their wills and in their power to do them a displeasure, that they dare not do otherwise, then obey their unlawful commands, without the inevitable hazard of their peace and safety; through which means tyranny is exercised by one fellow-subject upon another, and justice and equity cannot enter. The cries of all sorts of people through the land are grown so loud against the people of this vocation and profession, by reason of those grievous oppressions that are continually acted by them, that in tenderness of affection toward our brethren, not being ignorant or insensible: of our own sufferings in this kind, and the great dishonour accrueing to the Parliament thereby, that we cannot but be earnest suitors to your mercy and justice that such may be dissolved.  
2. For obtainment of these livings we see such sordid compliances 
Petit.  with such persons as have the fattest benefices (as they count and call them) in their dispose; such artifices in contriving, making, and colouring over simoniacal and sinful bargains, compacts, and matches, such chopping of Churches, and restless change of places, till they get into the easiest and warmest: and other such like practices not to be named, nor yet to be prevented or removed, otherwise then by plucking up the very root which naturally brancheth out itself into these foresaid mischiefs, so obstructive and destructive to all reformation.  
Here is a great deal of aggravating rhetoric against the greatness 
Answ.  of Church-livings. But why should all this evil be imagined rather of Ministers fat benefices as you say they are called, then of great and gainful offices in the State? Is there not more care had, and more strict trial taken of Ministers sincerity and integrity then of secular officers? surely we are bound in charity to expect a more reformed ministry, than we have had, who will rather say unto a simoniacal patron as Peter to Simon Magus, Thy money perish with thee, Acts 8. 20. then be Levies to such a Simeon in making a base and corrupt contract for a benefice. And for that you say, that such practices are not to be prevented or removed, otherwise then by plucking up the very root, which naturally brancheth itself out into these foresaid mischiefs, so obstructive and destructive to all religion. Whether you mean Tithes to be this root, or the disproportion of Benefices, or the right of patronage and protection, I cannot tell, but sure I am, that the Apostle calls covetousness the root of all evil, and so the root of that evil which sometimes passeth betwixt a Patron and his chaplain: and may as frequently, and with as much injury be sound betwixt some Committee-men and trusties and the Ministers of their choice, as any other. But as I am confident that there will be an amendment on the Ministers part, by the regular way of the Parliaments reformation, according to the directions of ordination of Ministers already printed & accordingly practised, so will it be not only possible, but easy for the State to find out a fit means to prevent prevarication on the part of the Patron; but if Tithes be removed from their ancient foundation, and left loose to the disposal of trusties or Committee-men, they will be a more ready prey for the covetous into whose hands they may come, and from whose hands perhaps they cannot without great difficulty be redeemed.  
Lastly, in the close of this Petition, the Petitioners show great care that the Ministers may be freed from the encumbrance of Tithes, to serve the Lord without distraction, and to give themselves to the Word of God and Prayer, and to be only employed to make ready a people prepared for the Lord; And so they may do if they be maintained by Tithes; for that means of maintenance gives a man occasion of more and better acquaintance with the particular disposition of his people, and it is his part to be diligent to know the state of his flock, Prov. 27. 23. And for that trouble which may be thought inconsistent with the Calling of a Minister, if his means be sufficient, he may have a servant to take it from him, and ease him of it. I know a Minister whose Benefice was a Vicarage, and his Parish so large, that it was 11 miles in length, and of a proportionable breadth, yet did it not put him to the expense of one day in a year to compound for, or gather in his dispersed portion.  
Now for the success and acceptance of the Petition in the Honourable House of Commons, to which it was presented; if such an innovation had been granted for that County, it had been fitter to have been made a Sibboleth, for that cauthe or angle of the kingdom (for so the word Kent signifieth) as their custom of 
* Gavelkind is a custom anciently observed in Kent, whereby the land of the father is equally divided among all his sons, or the land of a brother equally divided among his brethren, if he have no issue of his own, this was so common a custom as appears by the Stat. in the 18. year of H. 6. ca. 1. that there were not above 30 or 40 persons in Kent▪ that held by any other tenure; but Anuo 31 H. 8. ca. 3. many Gentlemen upon Petition got an alteration thereof.  Gavelkind, then to be made a precedent or pattern of conformity to other parts of the kingdom, as the News-Book of the same week prescribed that to his Reader.  
But the answer of the worthy Senate was such as may further confirm us in our confidence, that they will still continue to be gracious Patrons of the maintenance of Ministers, and that they will be more ready to ratify precedent Statutes and their own Ordinance made in that behalf, then to dissettle their tenure which is founded upon them, and to make Ministers arbitrary Pensioners to such as may be so far swayed by misprision of judgement, or personal disaffection, as to deal most penuriously with those, who being truly valued (without erroneous mistaking or injurious misliking) may both by the eminence of their parts, and their faithfulness in their places, deserve the most ample, and most honourable Revenue. I will give you their answer in their own words, which are most authentic, they are these.  
M. Speaker by order of the House of Commons did give the Petitioners (the Committee of Kent) thanks for their former services, and took notice of their good affections to the public; and did acquaint them, That the great businesses of the kingdom are now instant and pressing upon them, and that they will take the Petition into consideration in due time, and that in the mean time they take care that Tithes may be paid according to Law.  
But there are some in the Parliament that hold the maintenance 
Object.  of Ministers by Tithes to be Jewish and Popish, and therefore they will give countenance to Petitions that are put up against them, and do what they can under such titles to render them offensive to such as are truly religious, especially to those who have most power to abolish them.  
1. It may be there are some such, and if there be some such among 
Answ.  so many, it is neither to be thought strange, nor true, for such a number of them as may be able to carry the cause against the continuance of Tithes.  
2. For the term Jewish, it is misapplied against Tithes, as it was by the Prelates of late, & is by the Anabaptists at the present against the Sabbath; nor are they more Popish than Jewish; For the Papists, though their people pay them, and their Priests receive them, yet they for the most part holding them to depend merely upon Ecclesiastical constitution, made no scruple of changing them into secular titles or uses, as in Impropriations in the hands of laymen, and many other distributions made out of them several ways, without any respect to the service of the Sanctuary. Nor is there any thing in the payment and receiving of Tithes under the state of the Gospel, which may probably be suspected to have any savour of Judaism, or Popery, save only the payment of Tenths by the Ministers to the King, as hath been lately well observed by Mr L. in his second Book against Mr S. I will set down his words, and seriously commend them to the consideration of our religious Reformers; they are these, in answer to Mr S. his Question.  
Qu. What 
a Smoke p. 25.  are the maintenance of Ministers by Tithes? Jewish and Popish undeniably.  
Ans. How? Jewish and Popish undeniably? As undeniably as the Sabbath was Jewish when the Prelates so called it, or the article of the Trinity Popish, as 
b Quod Ecclesiae resormatae adhuc in side Tinitatis cum Papistis conconveniret. ●ell. praesat. in lib. de Christo, Tom. 1. secund Controvers. general. p. 271.  Valentinus Gentilis took it, when he disliked the doctrine of the Reformed Churches in that point, because they agreed with the Papists therein. You are grossly mistaken Sir in the tenure of Tithes, for though there be a clamour taken up against them by such as make no scruple either of slander or of sacrilege, and some would change the Ministers portion, which is their Master's wages for his own work, and reduce them to voluntary pensions of the people, (because they would have a liberty to beggar them who will not humour them in their fond and false opinions, and licentious practices, but oppose them as of conscience they are bound to do) neither you, nor all your party can prove them either Jewish or Popish, as they are allowed and received for the maintenance of the Ministers of England. And because you are so confident in your opinion against Tithes, and show yourself to have a good opinion of Mr Nye, (whom with Mr Goodwin 
c Smoke p. 14.  you cite for a worthy saying touching the golden Ball of Government) I refer you for satisfaction to him, who will tell you (as he hath done divers others in my hearing) that Ministers of the Gospel may hold, and receive Tithes for their maintenance by a right and title which is neither Jewish nor Popish, but truly Christian; and there is nothing Jewish or Popish in Tithes, but the assignation of the decimae decimarum, from the 
d Numb. 18 28  levitical Priests to the high Priest, from the high Priest to the 
e In veteri lego primitiae debebantur sacerdotibus, decimae autem Levitis, & quia sub sacerdotibus Levitae erant, Dominus mandavit ut ipsi loco decimarum solverent summo sacerdoti decimam decimae, unde nunc eadem ratione tenentur Clerici summo pontisici decimam dare si exigeret. Aquin. 22. q. 87. a. 4. ad 3. Soto 9 Inst. q. 4. art. 4. ad. 3. Lo●in. in Num. 18. 28. p. 687.  Pope, and from the Pope to the King; when first Pope Urbane gave them to Richard the second to aid him against Charles the French King, and others that upheld Clement the seventh against him, as 
f Polyd. Virg. Hist. l. 16.  Polydore Virgil relateth. And King Henry the eighth taking from the Pope the title of head of the Church to himself by 
g Anno 26 H. 8. c. 1. Poult. Abridg. p. 561.  Act of Parliament, took from him the tenths, and other profits annexed to that title, which were settled upon the Crown by 
h Ibid. c. 2. p. 565.  Statute in the 26th year of Henry the 8. so that the Jewish high Priesthood being expired, the papal Lordship abolished, the Tithes paid under those titles, may be called Jewish and Popish, but not that which is assigned for the maintenance of Ministers, because they are yet to do service to their Master, and so to receive the maintenance of his allowance for his work; which fellow-servants cannot take upon them to take away without presumption; their door-neighbour will not allow them a power to appoint the wages of their servants, much less may they usurp upon the right of God, and his Ministers, to alienate tithes from the support of his service and worship, for that is rather Popish, as hath before been observed.  
Which being true and clear, (as touching the pedigree of such Tithes from the high Priesthood of Aaron to the Independent Prelacy of the Pope, and from him to the King, as by claim from the title, Head of the Church, translated from the mitre to the Crown) it will not I conceive be thought congruous to the Christian Reformation (the thorough Reformation professed by our worthy and religious Rulers) that such Monuments of Superstition or Popery should be removed, which were unprofitable, and that only retained (as a silver shrine to Diana) which brings gain to the King or State, and puts the charge upon the Ministers of the Gospel; who thereby (I may say it confidently for some whom I know) are brought to this perplexed Dilemma, either to pay them with reluctancy, (as no less contrary to their consciences then to their commodities) or to deny or withhold them with suspicion, or imputation of avarice, or disobedience to lawful Authority.  
But the Parliament liketh not that Tithes should be proposed, 
Obj.  or pressed, as many Divines do, both in Pulpit, and from the press, as of divine right; which because they think to be wrong, they will rather reject them, then ratify them under a title of so high a strain.  
1. Not only Divines, but divers 
i Sir, Ed. Coke in his second Report in the Archb: of Can. his case. s. 49. b. And so the author of the foregoing learned Work. Answ.  others (who are men of very eminent note) hold Tithes to be due by divine right, and some of them have undertaken to prove them so, and to answer all objections against them, which how far they have performed is left to the judgement of indifferent Readers.  
2. It is more like that (as both religion and reason will dictate unto them) they will be the more wary how they take them away, lest if that tenure should prove true, they should be found guilty of the sin of sacrilege, that they should abolish them, and that they will seriously search and inquire into the ground of that title, and while they are in doubt, that they will resolve of the safest course, which is, not to repeal them; for as we must forbear to feed of meats of which another saith, that they are sacrificed to idols, 2 Cor. 10. 28. (for his sake that saith it, though but a private Christian;) so if Divines say, (and bring Scripture and reason for it) that Tithes are dedicated to God, or by him assumed, first to himself, and then assigned or set over by him to his servants, for his work in waiting on his worship, which must be maintained to the world's end, it will be rather a reason for them to support the tenure of Tithes by their Parliamentary power, than any way to prompt or dispose them to desert it, or to alienate their right from ecclesiastical uses.  
The fear of sacrilege hath been of such force with some heathen Moralists, as Plutarch observeth in his Morals, that if they pulled down a house contiguous to a temple, they would leave some of that part standing which was next unto it, lest they should with it take away any part of the Temple itself. Wherein if they showed any spice of superstition, it will be more capable of pardon, or less liable to punishment at the hand of God, than we may expect if we proceed hastily to lay violent hands upon any thing peculiarly entitled to his honour, who is the author and giver of all things to all men.  
2. If the plea of a divine right for Tithes (supposing it setteth them up too high) should incline to irritation in some to make opposition against them, why should not the contrary tenet which peremptorily taketh them down too low, calling them Jewish, Antichristian, and Popish, and that undeniably, (as hath been said, but never can be proved) move others the rather to retain them, and confirm them? chiefly the Parliament (whose authority is most engaged for their justification) and especially since the servants of God have had possession of them by so many laws, and so long a prescription; for according to the maxim of the law, the possessors title is the best until he be 
Longa possessio (sicut jus) parit jus possidendi & tollit actionem vero domino. Bract. l. 2. fo. 52.  fairly evict out of it.  
3. If the Parliament do not in their approbation of Tithes come up to the tenure of divine right, they may yet be willing enough to establish them upon other grounds, and leave Divines to the liberty of their judgement & consciences to plead for them according to the principles of their own profession, as in their Ordinances made for setting up of the Presbyterial Government, though yet they be not satisfied of the claim of divine right for it, they were pleased to authorise it by their Ordinance, and to require Divines to prepare the people for the reception thereof by preaching of it, and for it; so as both to clear it, and assure it (so far as they could) by the sacred Scripture.  
And on the other side while they approve it, though but by a civil assent, (as to a prudential design, until they see more light, which they look for in the Answer to their Queres proposed to the Assembly of Divines) the Presbyterians who hold it in the highest esteem take none offence that they proceed no farther, and profess themselves well satisfied with their civil sanction; so one of the learned Commissioners of Scotland hath said, in the name of the rest, in these words, If they shall in a 
M. Gillespie his brotherly examination of M. Coleman's Serm. p. 32, 33.  Parliamentary and Legislative way establish that thing, which is really, and in itself agreeable to the Word of God, though they do not declare it to be the will of Jesus Christ, they are satisfied.  
Ob. If there were no purpose to put down Tithes by such as are in Authority, how cometh it to pass that the Anabaptists are more bold in London to take up a public contestation against them, than the Presbyterians to make apology for them? for did not one Mr B. C. an Anabaptist manage a dispute against Mr W. I. of Chr. and after that undertake another upon the same argument against M. I. Cr. and offered to proceed in it against all opposition, which M. Cr. durst not do, upon pretence of a prohibition from authority?  
Ans. 1. It is no strange thing for men who have a bad cause to set a good face on it, and to make out with boldness and confidence what is wanting in truth of judgement, and strength of argument; this is observed of the Papists by a judicious author, 
Sir Ed: Sands Europe. Specul. p. 85.  whom he showeth to have been forward in the offers of disputation, with iterated and importunate suits for public audience and judgement. And Bellarmine reporteth out of Surius, that Io▪ Cochleus a great Zealot for the Papacy, offered to dispute with 
Obtulit se ad disputandum cum quovis Lutherano sub poena capitis si in probationibus defecisset. Bell. de Eccles. Script. p. 423.  any Lutheran upon peril of his life, if he failed in the proof of his part of the Question.  
2. For the boldness of the Anabaptists at this time, and in this Cause, and this City, there may be divers conjectural reasons in particular given thereof, besides the general already observed; as,  
1. Because they advance in their hopes of a toleration of their Sect; and to promote that hope they have been so ready to engage in military service, with a design no doubt to get that liberty by force (if they be able) which by favour of authority they cannot obtain.  
2. For this matter of Tithes, they might be more forward to oppose their tenure, because it is a very popular and plausible argument, wherein they might have the good wills of the people, that they might prevail, and their conceits that they did so, (though they did not) because they would be very apt to believe 
Quod valdè volumus facilè ●redimus.  what they vehemently desire may come to pass; and it is not to be doubted but a dram of seeming probability will prevail more with most worldlings to spare their purses, than an ounce of sound reason to put them to charges.  
3. They might take some encouragement to dispute against Tithes in this City, because there is a project to change the maintenance of the Ministers set on foot by many worthy, and well-minded Citizens, which yet in truth makes nothing for the Anabaptiss opinion, who would have Ministers maintained by mere benevolence; for the Citizens, as they intend a more liberal allowance than the former, (since they see many of their Churches are destitute of Ministers, because their Ministers have been destitute of means) so they mean that it shall be certain, settled by Authority, and not left arbitrary to the courtesy of men.  
3. For the two disputes, the one managed betwixt M. W. I. and M. B. C. the other purposed betwixt M. I. Cr. and the same B. C. but disappointed, it makes nothing at all for the taking away of Tithes; For as touching the former, they who were possessed with prejudice, or corrupted with covetousness against the truth, were much confirmed in the lawfulness of such rates as are paid in London under the title of Tithes, though indeed they are not Tithes, and of such only was the debate at that time.  
For the intended debate which was to be touching the divine right of Tithes, though some godly and prudent men thought it should not have been taken in hand without the warrant of public authority, yet they made no doubt but that the truth of the cause, or ability of the man, who undertook the defence of it against M. C. would prevail unto victory. But for the disappointment, it was by the warrant of the Lord Major of the City, to them both, interdicting the dispute, which was both without M. I. Cr. his knowledge, and against his good will; yet he obeyed the prohibition, and when his Antagonist insisted, and urged the performance of what was agreed upon, notwithstanding the contrary command of the Lord Major, his answer was, that it was agreeable to the Anabaptiss principles to disobey Authority, but not according to the principles of Presbyterians. And left B. C. should take it for a token of distrust in his cause, and make it an occasion of vainglory, either against the cause or person of M. I. Cr. he proposed the printing of M. B. C. his arguments against Tithes, and engaged himself to answer them in print, and so to refer both to the judgement of all unbiased Readers, which was the best way to give clear and full satisfaction to such as doubt on which side the truth is swayed by the most authentic testimony and soundest reasons.  
It is no part of my task for the present to argue farther for Tithes, then may answer the doubt you have proposed to me, which is, of the Parliaments purpose and proceedings touching the establishing, or abolishing of them.   

Animadversions upon the late Pamphlet entitled, The country's plea against Tithes.  
YEt that you may not be scrupled in conscience (as you were in conceit) by a new petty Pamphlet against payment of Tithes, which perhaps may come to your hands; I will give you some animadversions upon it; which may also be of use to others as well as to you. The title of the book is, The country's plea against Tithes, with this addition, A Declaration sent to divers eminent Ministers in several parishes of this kingdom, proving by God's word and moral reason, that Tithes are not due to the Ministers of the gospel; and that the Law for Tithes was a levitical Law, and to endure no longer than the levitical Priesthood did, &c.  
Wherein the Authors say much in the outside, but make no answerable proof in the inside of the book. They direct it in the Title page as a Declaration to divers worthy Ministers in the kingdom, and in the beginning of the body of the Book they present it as a joint Declaration of the people of several parishes for their opinion concerning Tithes, as a Reply to certain papers from some Ministers, pretending to prove Tithes due by authority of Scripture. It had been fair dealing if they had printed those papers of the Ministers, that it might appear how well they had answered them.  
But for the confident contradiction of the Divine right they allege,  

1. The novelty of them in the Christian state.  
2. The ceremoniality of them, as being merely levitical.  
3. The inequality of them in several respects.  
4. The trouble of them to the Minister.   
For the first; they refer the original of them under the gospel, for the author, to Pope Urbane; for the time, to the three hundredth year after Christ's ascension; and for proof of both, they cite Origen, Cyprian, and Gregory, at large without any particular quotation to find what they cite: until which time, say they, there was community of all things among Christians.  
But first, they should tell us which Vrban it was, (who they say began to bring Tithes into use for the maintenance of the ministry) for there were 8 of that Name, and of those 8 (if Origen be a witness of it) it must be Vrban the first, Anno 227 who sat but 6 years, & 7 months, & there was not another Pope called Vrban until the year 1087. which was long after the latest of those three, viz. Gregory, (whether they mean Greg. Nazianz. or Greg. Nyssen, or Gregory surnamed,) the Great, Bishop of Rome; and Origen testified so much of Tithes recalled by Pope Vrban, their original must be ancienter than 300 years after the ascenson; for that Vrban lived not beyond the year 234, and Origen flourished Anno 226. and if Tithes began when Christians gave over the community of goods, as these men say p. 2. in the name of Tertullian, but bring no proof of it, than had Ministers a propriety in Tithes as soon as others had a propiety of estate; and sooner it could not be. And that which caused this community, the persecution of the Church (which reached to his age: for the 
Tom. 1. Concil. p. 104.  next predecessor to that Vrban, Calixtus was a Martyr) might very well cause a suspension of Tithes for all that time.  
2. For the tenure of Tithes; there be 3 disputable opinions: 
Decimae sunt pura eleemosyna, & parochiani possunt propter peccata suorum praelatorum, ad libitum suum auserre eas. Concil. Constant. Session. 8. Tom. 7. Concil. p. 1016 col. 2. Artic. 18.  1 Whether they be moral; 2 whether judicial; 3 whether ceremonial, (there is a fourth conceit that they are mere alms, which is imputed to Wickleff in the 8 session of the council of Constance; but that admits of no dispute since it is repugnant to all appearance of reason.) 1 Some hold them moral, as those Ministers whom these men pretend to answer; most of the Canonists, Marc. Anton. de Dom. de Rep. Eccl. l. 9 c. 2. Zepperus in Explic. legum forens. Mes. c. 10. and many English Divines.  
2. Some hold them judicial, as Bell. lib de Cler. c. 25.  
3. Some ceremonial, as these parishioners do. There is the least reason for this last opinion. For Tithes were taken as a tribute by God himself as the chief Lord of all the earth, Levit. 27. 30. whereby he is acknowledged giver of all; and that it is in his power to curse the earth with barrenness, and to starve the creatures that live upon it; and this is true of all ages, and therefore we read of payment of Tithes by Abraham, Gen. 14. 2. Heb. 7. 4. and vowing of Tithes by Jacob, before the levitical Priesthood was established, Gen. 28. 22.  
But sacrifices, say they, are ancienter than Tithes, and were long 
Object.  before the ceremonial Law was ordained, yet they are not to be continued in the time of the Gospel.  
True, because they were types of future things to be exhibited 
Answ.  in the New Testament, but Tithes have no typical intimation in their institution or use, being set apart by God for himself, and given by him as the wages to his servants for doing his work; which he assigned to the Levites for their time, and made them suitable to their state by peculiar ordinances, as Num. 18. 26, 27. &c. Levit. 25. 3. 4. 5. which expired with the Priesthood, though Tithes in general did not; and therefore such particulars are no more to be urged against that maintenance of Ministers in the New Testament, than the Jewish observations of the Sabbath against the keeping of a Christian Sabbath at this day.  
3. For that they say of inequality in respect of impropriations, p. 6. in respect of tradesmen in towns and Cities, who gain more than farmers and pay no Tithes, p. 9 and in respect of the loss which may befall the farmer, when he hath not increase to answer his cost and labour, Ibid.  
For the two first, it is worthy consideration of those who are in authority how to reduce them to more equality. For the third; the exception lieth no more against Tithes now, then in the time when they acknowledge them most in force; and when it proveth an ill year with the ploughman, it will be well for him to consider whether his unconscionableness in Tithes have not procured a curse upon his portion, according to the commination in the third of Malac. 8. 9  
And lastly, for the trouble of the Minister; 1 If he have but a little Tithe, it will be no great trouble for him to order it, especially since he may lawfully exchange it into money. 2. If he have a great Tithe, it will bear the charge of a servant to ease him of the trouble. And 3. If this inconvenience could not be avoided, (as well it may) there would follow far greater upon the taking away Tithes, such as before we have observed.  
With these exceptions against this revenue of Tithes they have delivered something worthy the acceptation of Ministers, which is p. 5. 6. It is the desire, say they, of all God's people (& so it ought to be) that the Ministers of the gospel should have a sufficient maintenance allowed them, nay not only a sufficient maintenance, but an abundant, a large and rich maintenance, such a maintenance as they may live liberally without any other employment but the ministry; Nor is it fit or becoming Christians that their Minister should live in a mean condition either of diet or clothing, but as he is more excellent in calling, so ought he to have a more large & better maintenance in those respects than others, for he feeding the souls with spiritual things, the word of God, the people ought to feed his body liberally with their base temporal things: and in the next page say they; And is it not a shame for a rich and flourishing commonwealth to have a poor and bare ministry, either in the general, or in some particulars? & yet into such a condition have Impropriations brought the ministry of this commonwealth in very many places.  
They conclude with an address to the high court of Parliament for a reformation in this particular of Tithes, p. 10. and herein we are content to meet them at the bar of that most wise, prous, and impartial Judicatory of the kingdom, who, as they have, so we doubt not but they will ratify the ancient Statutes, and their own late Ordinance concerning Tithes; and whatsoever their title be in respect of religion, the people may (though ignorant zealots hold, and covetous worldlings pretend they may not) pay them with good conscience, for the State may impose them for the maintenance of the ministry, as well as they may impose the 20 part, or any other part they please, to maintain a just war, or to pay the debts of the kingdom; and others may conscientiously submit to such impositions; and hereto the most learned Divines of the reformed Churches do agree, (though the most of them, as they are mistaken in the true doctrine of the Sabbath, so are they also in this question of Tithes) for albeit they maintain their Ministers while they live, and provide for their widows and fatherless children, when they are dead, 
* Cujus leg●s (scil politicae) vi nec ipsi sideles reformai● denegant solvere decimas, in regnis illis, in quibus subjiciuntur Principibus qui illas lege solvendas sanciunt; qua ratione etiam à theologis responsum fuit nonnullis qui scrupulo conscientiae se teneri praetendebant, ne pontificiis ecclesiasticis solverent decimas, qui Idololatriae sunt ministri. D. Rivet. Exercit. in Genes. Exercit. 80. p. 389. col. 2.  yet they resolve it lawful to pay the 10th to the popish priests, though they officiate in an Idolatrous service, upon the command of the Prince, or State under which they live.  
This may suffice for this little Treatise, which, though little, if it had not been less in weight then in length, I would not have been so observant of the importunity of the Printers calling for my paper, as to dispatch mine animadversions upon it in the short interim of one night, betwixt rising from supper and reposing for sleep, which yet had been too much if most readers were not too readily prepared to entertain any Text that makes for their commodity, whether by acquiring advantage, or sparing expenses.  
Now for your secondary doubt concerning the disposal of your son, give me leave, Sir, to give you my sense fully and freely in the case.  
1. I see by you and him (which I am sorry to observe, yet I fear it is like to prove too true in all ages) that if there be not sufficient and certain means allotted to the labourers in the Lord's harvest, he is like to have but a few workmen to undertake it, and go through with it; therefore those that Julian-like, take away the hire of spiritual labourers, make way, as much as in them lieth, for the marring of the harvest; for either there will be a want of workmen, or of such sufficiency in them as may make the work to prosper in their hands: hence is the miserable condition of the Greek Church, living (if not languishing) under the dominion of the Turks, where their Clergy as they are the meanest sort of men, (like jeroboam's Priests, who though they were to serve in the house of high places, were the lowest of the people, 1 Kings 12. 31.) so are they as despicable for their ignorance and mean qualifications every way as for their poverty, 
G. Sandys his travails l. 1. p. 77.  having no schools of learning among them, and therefore more like either to poison or famish the souls committed to their charge, then to feed and nourish them with a competent measure of the sincere milk of the Word, that they may grow thereby.  
2. But I fear no such failing of maintenance for Ministers among us, as may occasion such a discouragement to parents that they should not be willing to dispose of their children in that calling, for fear they should serve Christ upon such poor terms 
Vineent. Charter. de Imag. Deor.  as the Priests of Isis did that heathen goddess, who were not allowed a new suit until the old was worn to rags.  
3. Yet if that were true which you read in the weekly pamphlets, or which you had by report, of the likelihood of putting down Tithes by the Parliament, I must tell you plainly as your friend, I like not your wavering touching the disposal of your son; for if he be furnished with personal abilities for the service of the Sanctuary, if he be (as I hope he is) a man of holy life and conversation, if he find himself inwardly moved by the holy Ghost to enter into that holy function, it will be a greater sacrilege in you then robbing of the Church of so much Tithe as would maintain him, to divert him from the service of Christ, and salvation of souls, through distrust of the divine providence for his support. And therefore,  
4. If I conceived you to be so carnal a father (but I dare not think you are such a one) I should turn my speech from you to your son, had I opportunity to speak with him, and exhort 
Licet in limine pater jaceat, per calcatum perge patrem siccis oculis ad vexillum crucis evola. Hieron. ad Heliodor. Tom. 1. p. 2. Genus pietatis est in hac re crudelem esse. Ibid.  him not only to serve Christ, but to suffer for him, in the words of Hierom to Heliodorus, rather to tread upon you, if you should lie as a block in his way, then to make a stop, or to retire from following after Christ, though in zeal and haste he should overtake the cross; for in such a case it is a kind of piety (saith he) to show cruelty towards our chiefest friends.  
Thus, as my little leisure would allow me, I have endeavoured to satisfy your desire in resolving your doubt, and I hope that I have written will reach a little further than you thought of, even to the settling of your resolution to dedicate your son to the service of our Saviour; and to serve him upon such terms whatsoever they be, as the Divine providence in the condition of the times shall put upon him, and so you have my advice, and you shall have my prayers for you and yours.   
FINIS.