LAWLESS TYTHE-ROBBERS Discovered: Who make Tythe-Revenue a Mock-Mayntenance, Being encouraged thereunto by the Defect of Law and Justice about Minister's maintenance; and by the Cavils and pretended Objections against it. WHICH Defect of Law and Justice is herein fully discovered, together with the Frauds and Wrongs occasioned by that Defect, that they may be prevented by better Laws, and more impartial Justice, now in Parliament-time, wherein Remedies have always been most speedy and certain. HEREIN The many Cavils and pretended Objections made against Tithes, and all settled maintenance of Ministers are recited and confuted. Herein also, Some Motives to the Higher Powers for speedy relief of Ministers, by better Laws. Together with Some humble Proposals of means for the rooting out and preventing of those Frauds and Wrongs. Seek judgement, relieve the oppressed. Esa. 1.17. Be not deceived, God is not mocked. Gal. 6.7. Ex malis moribus, bonae nascuntur Leges. Imprimatur, Edm. Calamy. LONDON, Printed for Thomas Newberry. in Cornhill near the Royal Exchange, 1655. To the Right HONOURABLE The High Court of Parliament of the Commonwealth of ENGLAND, etc. Honourable Sirs, ALthough the many strong endeavours which have of late been used, to take away or unsettle by law the public maintenance of the settled Ministry of this Nation, have hitherto proved abortive: yet woeful experience tells us, that for want of better Laws for the true payment thereof, that maintenance is, de facto, very much impeached all the Nation over, both in City and Country; to the utter undoing of many Ministers, their Wives and Families, whose cries are gone up to Heaven, of which cries this is but an Echo: For remedy of which crying grievance and oppression, the putting of all former Laws and Ordinances for Tithes in force will not prove a plaster large enough, without better Laws, as is herein clearly demonstrated. Two things (I conceive) will be alleged against the ensuing Discovery: The one is, that it teacheth men to defraud in Tything: But the truth is, Tythe-payers, as experience shows in all places, are not now to learn any of those fraudulent practices, which are grown an Hereditary disease in many Families being propagated from the unrighteous Father to the Son. The other Objection against such Tracts as these, is, That they are but the voice of Covetousness: But such cavillers are wilfully, ignorant: For this cause touching Ministers maintenance is not cause of any private Interest; but a cause which God himself by his Prophets and Apostles hath asserted, and been zealo●● in, as Scrip●●●●●he●: And the Primitive Father's 〈…〉 of the Church have cried out against such 〈…〉 Ministers maintenance; which maintenance hath not only been asserted by Ministers, who may seem to seek themselves (this Interest of Religion being mixed with their own Interest▪) But hath been learnedly and zealously asserted by those which have been no Ministers nor Preachers: yet men of Renown for godly wisdom in all Ages, who against their own private Interest have (as their Books declare) asserted, and pleaded in this cause: The Catalogue of their writings I need not rehearse, nor tell you, how many Worthies have freely given up their estates in Impropriations to advance and increase the liberal and certain maintenance of Ministers by Tithes: And for further satisfaction to such as shall say that imputation upon this Discovery, I hope they are convinced, that, Robbed People cannot be justly aspersed with Covetousness, because they raise a Hue and Cry after Thiefs, and cry out for Law and Justice against them, and give evidence against them to the Magistrate, describing their villainies in every Circumstance, which is the chief aim of the following Discourse, which I humbly present to your Honour's wise and favourable Construction: And craving pardon for my boldness, in all submission, I remain. Your daily Orator at the Throne of Grace, Richard Culmer▪ Lawless Tythe-Robbers discovered, etc. CHAP. I. THat good Laws have been occasioned by evil manners, and that evil manners call for good Laws, to suppress and prevent them is an experimental, and undeniable truth: that the evil manners, the unjust, fraudulent, oppressive practices of Tythe-payers are now more than ever audacious, and the violence of their oppressive carriage grown to that height and excess, that it can no longer be endured, is known and felt by thousands, which wickedness former Lawmakers were unacquainted with; whose Laws are now out-plodded. It is then high-time to detect and set out their wickedness to the Magistrate, that it may be speedily suppressed by good Laws; to this end and purpose tends the ensuing Discovery of the Lawless Tythe-robber. The only fundamental Law for the true payment of Tithes, is as followeth in the Statute of 2 Ed. 6.13. Every of the King's Subjects shall from henceforth truly and justly, without fraud, or guile, divide, set out, yield and pay, all manner of their predial Tithes, in their proper kind, as they arise and happen in such manner and form, as hath been of right yielded and paid, within forty years' next before the making of this Act, or of right or custom ought to have been paid: and that no person shall from henceforth, take, or carry away any such or like Tithes, which have been yielded and paid within the said forty years, or of right aught to have been paid in the place or places tytheable of the same, before he hath justly divided and set forth for tithe thereof, the tenth part of the same; or otherwise agreed for the same tithes, under the pain of forfeiture of triple value of the tithes so taken or carried away. And be it enacted by the Authority aforesaid, that at all times whatsoever, as often as the said predial tithes shall be due at the tything time of the same, it to be lawful for every party to whom any of the said tithes ought to be paid, or his deputy or servant to view. and see their said tithes to be justly and truly set forth, and severed from the nine parts, and the same quietly to take and carry away. Now I shall make it appear, that notwithstanding this Law or any other Act or Ordinance founded thereupon; The deceitful Tythe-payer hath found out frauds and evasions to make void the true intent of this L●w, and (without peri● or damage) to chea● the Tythe-receiver. For the plain discovery of these frauds, I shall reduce them to three sorts. First, the craft used before the tithe is set out, to keep the Tythe-receiver from seeing his tithes set out, that the Tythe-payer may defraud, and ●●eal a● he list, in the tythe-receivers absence. Secondly, the crafts they use at the time of Tything. Thirdly, the frauds they use after the Tithes are set out. First, the frauds which unjust Tyth-payers use before any tithe is set out, to keep the Tythe-receiver from seeing his tithes justly set out. The substance of the recited Law is, That the Tythe-payer must set out his tithes truly and justly, and that he shall suffer the Tythe-receiver to see his tithe set out, and to take it away: But although the Law saith, he must suffer the Tythe-receiver to see his tithes set out: yet the Law saith not, no Tithe shall be set out, but in the presence of the Tythe-receiver, or his assigns; or that before the Tithe be set out, or things tythable, or any part of them be carried away, notice shall be given by the Tythe-payer to the Tythe-receiver, when the things tytheable shall be tythed, that the Tythe-receiver, or his Assignee may be present, to see the tithe justly and truly set out: The Tythe-payer (who is in possession of all the ten parts) is lost by the Law solely to himself, or his assigns to set out the tithe before what partial witness he pleaseth to take, and to do this in the absence of him to whom the tithes are due. The Tythe-payer and none else hath by law, to do with the setting out the tithe. The Tythe-payers usually deny the Tythe-receiver to see his tithe set out. No mean one say, You shall see no tithe set out on my ground; The Parson hath nothing to do by Law to meddle about the setting it out, pray keep off: I know how to set out my tithe by Law, you shall not see it set out if you watch never so long. It is true, that if the Tythe-receiver, or his assigns wait day and night, or happen to come casually at the instant when the Tythe-payer is about to take and carry the things tythable (I instance in Corn especially) Then indeed the Law saith, the Tythe-payer must suffer the Tythe-receiver to see the tithe set out: but here is the freedom that the Tythe-payer hath by Law to keep the Tythe-receiver from seeing his tithe set out. The fraudulent Tythe-payers (not being bound by Law to give notice when the things tythable are ready for tything, or to set out the tithes in the Tythe-receivers presence) do watch and take their opportunity day or night, to carry away their things tytheable, and to leave what Tithes they list for the absent Tythe-receiver: Now they are grown so cunning, that thereby they usually leave some tithe to prevent the discovery of the true value substracted, which would easily be known if no tithe at all were left. Now the shift used of purpose by the Tythe-payer to hinder the Tythe-receiver, from seeing his tithes set out, are commonly these: First, If the Tythe-receiver send to every farm, a waiter aboard the Ship (I mean a man to look after his tithes which is grown now to an intolerable charge) yet if the farmer have more plowlands than one, he will of purpose send out two or there Carts at once into several fields, or places, knowing that the servant cannot be present at divers places at once. 2. If the Tythe-payers cart be come into the field and ready to lead the corn, yet if the Tythe-taker happen then to come there, they will let the waggon or cart stand empty all the while the Tythe-receiver is present and will go home empty, if he stay long. 3 If the Tythe-receiver wait all day upon the Reapers and Binder's, the Tyth-payer will go home at night leaving all the sheaves lying abroad here and there, but after supper or at midnight, when the Tyth-receiver is at home then the Tyth-payers waggon comes out, and then leave what Tithe they list. 4 If the Tythe-payers be loading corn in the day time, in the Tithe-receivers absence, If they see the Tythe-receiver coming at that instant, they load as fast as possible they can, and as much as they can before he comes to them; They tell him they have loaded but so many sheaves, or shocks (ten sheaves heaped is a shock) when in truth they have loaded twice so many shocks or sheaves as they acknowledge, and the Tythe-receiver must believe them, they will not unload their waggon, nor suffer the Tythe-receiver to see it unloded, when it comes home, they cannot unload till to morrow, or till after dinner, etc. 5 If the Tythe-receiver desire the Tythe-payer to set out the tithe presently, or to tell him, when he shall come and see the tithe set out, or when he will tithe and carry his things titheable: The Tythe-payer will either answer with silence, or will say, he will not carry until to morrow, or until the afternoon, or until all the field be reaped or bound, etc. But the Tythe-payer takes his advantage hereupon to defraud the credulous Tythe-receiver, and before the time appointed carries his corn, hay, etc. and leaves what tithe he list: when a Tythe-payer was reproved for this fraud and breach of promise: ●ush, said he, to his neightbour, do you think we'll tell them when we'll carry our come, and let them see the tithe set out? 6 They have a trick to threaten and affright, the Tyth-receivers servant off their ground; And while he goes home to complain, they carry their come and leave what tithe they list. 7. If the corn be cocked or heaped in the Tythe-receivers absence the Tyth-payer will not load in order, but loads a heap here and there disorderly, and cross and cross the field out of order of purpose to keep the Tythe-receiver from the knowledge of what they carried away. 8. The law not appointing the tithe heaps to be marked by a bough, or the like; after they are set out for tithes: The Tythe-payers thereupon take advantage in the Tythe-receivers absence to eye and note out such a heap for tithe and leave it a while in the field, but they after take it away, and by this trick they can sweat it was set out or noted out for tithe, and left for tithe, though they had carried it away. 9 If the tithe be set out in the Tythe-receivers presence in one part of a field, the Tythe-payer will not carry any corn where the tithe is set out, but carry where no tithe is set out, in the same field or in another field in the Tythe-receivers absence, of purpose to cheat the Minister. 10 They pick out all the worst and least sheaves, and heap them and set them out for tithe, in the Tythe-receivers absence, and then they load the biggest sheaves and best corn for themselves. 11 They fee their men that carry their corn and hay, etc. and they (in the absence of the Tythe-receiver) truly and justly tell the heaps and bough out the tenth, then comes another servant and pulls off the Tythe-mark, and then instantly comes the waggon and takes up the rest of the corn that was tythed out, only leaving here and there a little tithe (not half) to blind the business; By this trick they can swear the tithe was truly set out and left. 12 They reap and bind nine shocks of great sheaves and load them before the tenth be reaped or bound; and the Tythe-payer bids them reap or bind the tenth the next shock for tithe; They know their master's meaning, and that tenth shock shall not be half so good as the nine that were carried away: yet they are ready to swear the tithe was truly set out, and left. 13 They use in the tythe-receivers absence to set marks or boughs on every heap in the field, if there be five hundred, and then presently bring wagons & load & carry away the corn & leave here & there a little tithe: & by this trick, though they steal half the tithe, they can swear that the tenth was set out & marked out: for if all were marked out, the tenth heap or tithe must needs be marked. The second Order of frauds in Tything is, in the time of tithing, though in the Tythe-receivers presence. 1 They will bribe the Parson's servants to wink at their unjust tithing and have defrauded much by this means. 2 They will not set out the tithe or tenth before they begin to carry their sheaves or heaps, though the Tythe-receiver be present, but load the sheaves as they lie here and there, or the shocks, till they come to the tenth, so the Tythe-receiver must be present to tell every sheaf or heap as it is loaded, and the Pitcher and Loader of the corn being two to one Tythe-receiver do usually outface him, and swear and stare, they have not taken up half so many as they have loaded: and upon this account the Parson, though he keep a hundred men in the field in several places to see the tithe set out, yet all is in vain by this trick. 3 They will leave a tenth shock in the tythe-receivers presence, or absence, but it is a usual trick to load eight heaps of corn or hay, etc. in the best of the field and afterward they drive the waggon to a poor weedy barren part of the field, and there load a ninth shock and then and there set up a bough on the heap next to the ninth: That tenth shock not being so good as one sheaf of the eight shocks, which the tythe-payer had loaded for himself: They face it, if it be questioned, that it was the tenth, and stood next to the ninth shock they loaded. 4 If the tythe-receiver be suffered to see the corn tythed, before the tythe-payer gins to carry any of the things tytheable, the tithe must be set out as the heaps stand in order, right or wrong; I mean, though the tenth be not half so good as any of the nine heaps; And the tythe-payers being in possession, it is usual to pack all the heaps in a field before hand in the absence of the Tythe-receiver so cunningly, that begin to tell in order which way you will the tenth heap shall be the worst. 5 They put in some shocks more than ten sheaves, and only ten in the Tithe shock, as when tithe wool is paid they pack two fleeces instead of one, for tythe-payer: but the Tythe-fleece is scarce one fleece. Now of late, these Tythe-craft-men begin a new trick in some place, against custom, which hath been to shock or heap their corn, and after to set out the tenth shock justly: now they load up the sheaves, as they lie single about the field, and the Pitcher, when he hath loaded nine sheaves, eyes a little sheaf, and throweth it by for tithe all the field over, to be a prey for Swine and Gleaners. The third order of the frauds of Tything-craft is, after the tithe is set out to hinder the Tythe-receiver from enjoying it. 1 The wicked Tythe-payer will carry his 9 parts, first, while the tithe heaps are there, and if the tithe shock were justly set out, yet they will remove the bough from the good tythe-shock, and so set it on a naughty shock, (contrary to the Law of God, Deut. 14.27. & Chap. 12.17. Deut. 27.33.) and load the tithe shock. And they use, after the tithe is set out, to pick out, good sheaves out of the tythe-shock, and pack in refuse, and worse in the room of the good sheaves. 2 After the tithe is set out in a field, and the Tythe-receiver absent, if the reapers or binder's be at work, and there be single sheaves abroad, not tythed, nor shocked: The Tythe-payer coming to fetch his tythed corn, useth to load many of those untythed sheaves; if the Tythe-receiver come and take them in that act, they say presently, they took up but half a dozen odd sheaves, to make up their load, when they have loaded half their load with untythed sheaves. 3. If the tithe be set out, and left all night in the field, than the unjust Tythe-payer acts his deeds of darkness, of his black Art to the purpose: sometimes they carry away the good tithe in the night, and fetch poor lodged weedy mouse-ared corn out of another field, and lay it in their room of the good tythe-heaps, sometimes they keep trash in a corner of their barn, and fetch it out in the night, and put it in the room of the good tythe-heaps. 4 After the tithe is truly set out, they have a trick (especially in the night) to take out of every tythe-sheaf, at least half of it, and then bind the half-sheaves and heap them in number, as before, they were so gelded or diminished. It is ordinary to steal five sheaves out of ten sheaves, in this manner: said one after tithes were set out in the Tythe-receivers presence, This shock is too good for the Priest, & presently in the daytime took away divers sheaves of the shock, did unbind the rest, made new bands, and bound the residue of the sheaves into ten sheaves. I had the other year sixteen shocks in one field left for tithe, and in the night every sheaf was so gelded, and but half left in substance: every sheaf was unbound, and half-taken out, and rebound, heaped and reboughed, and a waggon had been there in the night, as was evident, and this near the Farmer's house that had set out the tithes in the day time. 5 Though the tithe be justly set out, yet the Tythe-payer (taking advantage in the absence of the Tythe-receiver, and coming first for his nine parts, loads up, with his nine parts, whole tythe-shocks, that were boughed out; And though the tythe-payers Wagon come immediately out of the field loaded with his nine parts, and having a tythe-shock or two loaded amongst his own: the tythe-payer will deny and swear that he loaded nor carried away any tithe; Did you see me or my man load the tithe? you must watch your corn; if thiefs have been there while you have been at dinner, or in the night, look you after them: we are not bound to watch your tithe: so that the Tythe-receiver cannot prove that the Tythe-payer had the tythe-heaps, all is lost, which act its hard to prove for its lawful for the Tythe-payer to come, and be on his own ground at any time of the day or night, and to load his corn there; none can say what have ye to do there? 6 When the Tythe-payer hath carried away his nine parts, he sends to the Tythe-receiver to fetch away his tithe, which possibly he cannot do at that time, his Wagon is loaded, it is night, etc. The Tythe-payer saith, he must manure his ground, and turns in his which spoil the tithe; this is usual, inquire at Pluckly in Kent, etc. 7 The wicked Tythe-payers to cover their own sin and shame, use to encourage the poor people (Gleaners and others) to steal tythe-corn, and they see it, nod, and laugh at, etc. whereby, and by other causes, it is now grown to that pass, that Tythe-robbing is made a sport off; And not only Tythe-payers, but other people become Tythe-stealers, so that we are forced to watch our tithe day and night after it is set out: One near me was taken in the night by a Farmer, who saw him bundle up wheat-sheaves, and having them on his back; the Farmer came to him and laid hold on him, and said it was his corn The thief answered, By my troth, I thought it was a tythe-shock, for it stood alone, else I would not have touched it for 100 pounds. And the false doctrine and practice against this settled maintenance hath so far prevailed, that people do openly call those that gather the Tithes thiefs and Rogues; and say, that they go thieving about to take men's corn, etc. Thus we see into what times we are fallen, wherein wickedness is so advanced by doctrine and practice, that light is called darkness, and darkness is called light: honest men are called thiefs, and thiefs are justified. And as the frauds and wrongs are used where tithes are paid in kind; so it is where there is a rate: a world of fraud in that also, besides refusal & delay to pay it without law. The fraud is in the concealment of the number of acres: the Landlord's rent is for so many acres, and so many acres there are: But the Tythe-payers have a trick to case themselves in Taxes to the State, to the Poor, to the Church, etc. and to cheat the Minister. There is one number in the Seff-book, an other in truth, and in the Landlords Lease. And in bargains for things tytheable, as wood, fruit, etc. the true price is concealed, and thereby the Minister defrauded. These are the common frauds used and daily practised against Ministers, as daily experience, woeful experience, dear bought experience, hath taught thousands of Ministers and Impropriators, who have paid very dear for their learning of this Art called Tything-craft, which since the Ecclesiastical Court hath ceased hath been much improved by impunity all the Nation over, through defect of law, to restrain and punish these frauds. But it will be objected, that these frauds are not invited or caused for want of law: For by Law (which is the mother of justice) the tythe-payer is to prove that he hath justly and truly set out and left his tithe without fraud or guile: And therefore all these tricks will not gain him any thing, if he be sued and made prove his tithe to be so set out, and left, and if he fail in that it will be a gain to the Minister who shall recover triple damages. To this I answer; first, that if the Tythe-payer did not intent to defraud, why doth he use these or some of these tricks, to conceal his unjust manner of tithing? etc. They that mean truly and justly, will (as much as in them lies) provide things honest in the sight of all men; He that doth evil hates the light; that tithe-payer that of purpose endeavoureth to decline the seeing his tithe set out by the tythe-receiver, is justly to be suspected; and daily experience proves them fraudulent. 2 That proof never fails the Tythe-payer though the tithes were never so unjustly set out and left: Ignorant and profane Atheists or malicious Enemies to the Minister are they that are the chief witnesses against the Minister; one that will transgress for a morsel of bread, that will swear any thing to please his master or neighbour: And they that are instruments of the Tythe-payers thievery, and help load and carry away the stolen tithe, they that are actors in the theft, and gainers by it, shall be witnesses for the Grand-thief: (Ask my fellow if I be a thief;) Will not such sons, servants, and neighbours, witness for the justification of the wicked Tythe-payer, the principal occupier of the lands? and who can disprove them, seeing all was done in the Tythe-receivers absence, and some tithes left for him? 3 For the triple damages, If the tithe be not wholly detained, or carried away, there is seldom or never any proof of the true value of the tithes substracted the which Tythe-receiver must prove the value of that which his servants never saw, and who can swear the number of acres without seeing them measured? So that for want of proof the triple damages; (if any be conjectured) come fare short of the true single value of the defrauded tithes. 4 For further answer, suppose the Tythe-payers in a Parish be a hundred or two (as more there are in some Parishes) suppose it be most apparent that they have not left their tithes truly set out in the tythe-receivers absence, but no direct proof of the matter of fact, on the Tythe-receivers part: Now the minister or other Tythe-receiver must either set down with this loss or have suits of Law against two hundred persons, to make them prove their just tithing according to Law: In Equiry Courts, the Tythe-payer will swear any thing in his answer; He that makes no conscience to be a thief, will make no bones to swear falsely; If trial at Law, the witnesses are commonly, as you have heard; This is a sad straight a minister is in, either to lose his tithes, and be undone that way, or to be a greater loser in paying costs also, he not being able to prove a Negative. 5 And for final answer, if it could be proved against an hundred Tythe-payers, that every one of them had substracted their tithes to the value of 20 s. it were better for the tythe-receiver to lose this 100 l. then to sue at law for it: For though the Law gives the wronged Tythe-receiver triple damages: yet it hath proved a damage to the Tythe-receiver to right himself by the Statute of triple damages: For that the costs are always included in the damages: so that the costs in journeys, Law-fees, etc. in every one of these hundred suits will come to more in value, than the triple damages which are given him: That in the end it will appear, that it had been better for him to have lost his hundred pounds in tithes, then to have sued for it; unless a Law be made for triple costs as well as for triple damages. CHAP. II. ANd the frauds in tithing and oppression thereby are not only occasioned by the defect of the Laws for tithes, but through defect of Justice also, I mean execution of Justice, according to the Laws that are now in being. The Preamble of the Ordinance of Parliament for tithes made in the year 1644, mentions that the Ecclesiastical Laws and Courts being down, many take liberty thereupon to withhold their tithes and duties; And to supply that defect that Ordinance was made for Justices of Peace to relieve those that were wronged in their tithes: yet many Justices of Peace have, and do utterly refuse to act for the relief of oppressed Ministers, by virtue of that Ordinance; some of them judge the settled Ministers of the Church of England to be no Ministers, or Antichristian one's, or they are against tithes and all settled Maintenance of Ministers as Antichristian, unlawful, etc. Yet their ears are open to hear complaints against Ministers; some of those Justices have yielded to act for Ministers, as wronged men but not as Ministers for sooth, not as wronged Ministers. And some Justices will give summons for witnesses, according to that Ordinance, but the witnesses not appearing, they refuse to proceed further to enforce the witnesses to appear, alleging that the Ordinance is only for summoning of witnesses; And, to my knowledge, upon this occasion the Minister hath lost all. And the Justice refuse to act by that Ordinance for Ministers in sequestered livings, because the Ordinance that made such Ministers capable of relief by that fundamental Ordinance is expired; And Justices that did act by that Ordinance before the first Parliament was dissolved, do refuse to act any further thereupon; alleging that only Acts of Parliament are in force after the dissolution of Parliaments, and that Ordinances are in force in Parliament time only. And although there were some relief for oppressed Ministers by the Honourable Committee for plundered Ministers, especially for those in Sequestered Live; yet not one farthing cost allowed, after great charges, in journeys, counsel, Solicitors, orders, etc. I heard a godly Minister of London say, that if a hundred substracted their deuce, yet he could summon but six at once to that Committee, and that if those six owed 405; The one half of that was expended in law charges, I heard a Notorious defrauder of his Minister say to the Minister openly in the streets, as he road by him. Look how the Priest's horse ears lowle, he goes so often to London, and can get nothing; The want of justice and of conscience in Juries is a very great cause of these wrongs done to Ministers and other Tythe-receivers; There is a crying precedent of this at Sandwich in Kent, of a verdict given against a poor Minister, against Law and Evidence; I heard no mean Member of the Court say, he would not be in their case for a thousand pounds: and I reproving one of the Jury for that unjust verdict, his only answer was, that the Minister should have no tithes, though it cost him a hundred pounds; I pity the poor Minister, who is not able to relieve himself. But I wonder not that blind zeal against the cause of tithe should carry any to such ways of oppression; And I know the great tythe-stealer of East-Kent got at least 40 pound clear by a verdict at Maidstone Affizes in Kent, and many other examples there are of this kind, and in other cases touching illegal verdicts; Such Juries (in these days especially) presume to be Judges not only of the fact, but of law itself, making themselves a Chancery, yea doing more than any Chancery Court would practise, going contrary to law and equity. It is conceived to be high-time to think of some speedy and easy way to bring Juries to a strict and severe account for illegal verdicts, which are most crying oppressions; We shall need no Lawyers nor Laws, nor Parliaments to make Laws, if Juries have the Law and equity in their arbitrary power. Upon this account of defect of Law and Justice in point of Minister's maintenance, no man need wonder at the increase of the frauds and wrongs acted against Ministers in that case: Impunity alone begets iniquity, much more profitable impunity; I have heard some say, openly in the Church, you may preach, but you get no tithes of me but by Law, if they be your due, come by them by Law; They know the length of the foot of the Laws too well. CHAP. III. ANd notwithstanding all these Frauds, Wrongs, and Oppressions are so notorious in these men; Yet they strengthen themselves in their wickedness; Not only through the defect of Law and Justice: but wax mad with reason, or in reasoning for their wickedness. They justify their covetous, wilful, malicious, unjust practices in this kind, with Cavils and pretended objections against tithes, and all settled Maintenance of Ministers, with all the subtlety that can be suggested unto them by that old Serpent, who changeth himself into an Angel of light, that he may more plausibly and powerfully, by his instruments, oppress the faithful Ministers of the Gospel, enemies to his Kingdom of darkness, and thereby suppress the Gospel itself; Those Cavils which I have found suggested to them by others, and which I have heard the Tythe-robbers allege, I shall briefly name and answer, that those Gain-sayers and doers against truth & righteousness, may be convinced, if not by the Law of man, yet by the Law of God, and of reason and conscience, orb made inexcusable before God and man. Cavil 1 The Magistrate did not compel maintenance for Christ and his Apostles; Their maintenance was freely given them, by believers, in obedience to God's word, without compulsion by the coercive Laws of men: Therefore magistrates ought not to enforce Ministers maintenance in tithes or otherwise. This Cavil I find in a Pamphlet (published by Mr. Charles nichols) called, the Hue and Cry after the Priests; In that book he prints expressly, that ministers maintenance settled by the Magistrate is unlawful, and none of Christ's maintenance: And this is no conceit of Charles; he hath learned it from the founder of his faction, whose positon is. That for a Minister to crave any tithes, and for any man, for all that either Laws or Magistrates can command to pay any tithes, is a sin that abolisheth from Christ. Answ. 1 This is an Antichristian doctrine, & practice in opposing the Christian magistrate, in his acting for Christ, in supporting his ministers, from which Charles and others (Pope-like) wholly excommunicats the magistrate: Such men will not consider of, nor put any difference between the Church in persecution under tyrants, as in the time of Christ, and his Apostles; and the Church in prosperity, and rest under Christian Magistrates: No tithes were paid under persecuting Jeroboam (2. Chron. 11.13. & Chap. 13.9.) doth it therefore follow that there were none due, or to be claimed in settled times, in the time of David, Solomon, Ezechias? no tithes in Babylon, therefore no tithes after the return from Babylon; So though in the times of the Persecution of the Church there were no tithes, or settled maintenance established for Christ & his Apostles, by the Magistrate: yet in the aftertimes of the prosperity of the Church: as the Godly Magistrates of old took care for the Maintenance of those that administered about holy things, and made Acts & Laws to enforce it (2 Chron. 31.4. Nehem. 13.6.) So after the Apostles times, when Kingdoms and States became Christian, ministers were presently provided for in a public settled way of maintenance, as Histories show; which maintenance continues to this day in all Christian Kingdoms and Nations, and in this Nation especially; by Glebes, and tithes, and other settled duties: And indeed then, and only then is the Gospel the glory of any Nation, when the Christian Magistrate doth entertain it, and set it up and uphold it by upholding and Maintaining the Ministers and Ministry of it: And that glory is gone, if the magistrate own it not, or protect it not in the ministry of it; Such as Charles will not have the Church receive any advantage by the Civil magistrates becoming Christians, which is confuted, (Isa. 49.23. Psal. 72.10, 11. Isa. 60 10. Revel. 20.24.) Such magistrates are said to be Nursing fathers and mothers to the Church: Such fathers & mothers do not leave the child to itself, but do take care of it and nourish it. We read (Act. 9.31.) when the Churches had rest from persecution, they were edified & multiplied: and would it not be much more edified and multiplied if ministers and people had the power and assistance of the Christian magistrate with them and for them, in the things of Religion? The Magistrate doing actively and positively for the good of the Church; out of their pious care to promote Religion, and the salvation of men's souls, and not only to preserve outward peace and safety: Answer, 2. The Magistrate is for the the punishment of them that do evil. (Rom. 13.1.) Is it not an evil, sin? a sin of omission against God's Law, not to allow maintenance to ministers, which God commands both in the Law and Gospel? Therefore the Magistrate sins, if he punish not that neglect of duty, thereby to enforce it; As he doth in other cases, as in relief of the poor, in taxes, & in other duties. Answ, 3. Whereas Charles saith, that people should maintain ministers freely, they should be free in that duty to obey God only therein, God commands it to be freely done, & therefore the Mngistrate hath nothing to do to meddle with it, to enforce it by coercive Laws: It is plain, that a duty commanded by the magistrate may notwithstanding be done freely and willingly, (Tit. 3.1.) Obey Magistrates, be ready to every good work; The double command of God and man, too, of them of whom God says, They are Gods, should move to more free, willing, cheerful obedience, for conscience sake, (Rom. 13.5.1. Pet. 2. 2 Cavil. Charles (to animate people against Magistracy and Ministry) Prints expressly, That tithes are an oppression and a bondage, and that selling of Parson ages is selling of poor men's labours, and that tithes are the peoples own estate. Ans. It's evident, that tithes are no bondage, or wrong: because the paying of them is not one farthing charge to any man, rich, or poor in the whole Nation. The tithes neither belong to the State, nor to the Landlord, nor Tenant of the Lands and Houses where those tithes arise, but they belong only to the Minister and Impropriator, as their right and propriety, as hath been proved before the Honourable Committee for Tithes, by the godly-learned in the Laws, and is manifested by several learned Treatises. When Kings of this Nation had the Patronage of Rectories, If the Minister, Incumbent died, the Profits, the tithes thereof went not to the State, but were sequestered, and kept for the next Minister, to enjoy them. And Ministers have actual possession given them, as freeholders', &, as freeholders, paid Subsidies, and sued at law as freeholders. It's manifest, that the Purchasers of lands and houses, do not purchase the tithes and duties that have and do issue out of those Lands and Houses, as a Rent-charge due and payable to the Minister or Impropriator; neither do they purchase the lands, tythe-free or duty-free: And the Tenant or Farmer doth not hire the tithes and duties of the Landlord, who, having no right to them, hath no power to let them, or to enjoy them himself. And there is & hath been a consideration had of this Rent-charge of tithes in all Purchases, Leases, etc. which would be a tenth part more in value and price, if the Lands or Houses purchased or hired, were tythe-free: As is manifest in tythe-free Lands, which are purchased and let at higher rates by a tenth part, than Land or Houses charged with tythe-rent. Thus it hath pleased God (who when he gave the Land of Canaan to Israel did reserve the tithes to himself for his Ministers, and made other provisions for them in Lands and houses) by his special providence, to provide and establish in this Land, and in other Lands and Nations a maintenance for his Ministers, by the free Donation and legal settlement of Houses, Glebes and Tithes, given and established by those who have been Proprietors and Possessors of Lands and Houses, and this establishment hath been made and continued by Law and Custom for many generations: as heretofore, and of late especially, hath been proved by ancient Histories and Records; and this settlement of Minister's maintenance from good grounds, both from the Law and Gospel also, which commands the liberal maintenance of Ministers, such a maintenance, at least, as tithes amount unto, (Gal. 6.6. 1 Cor. 9.2. etc.) Notwithstanding all this clear demonstration that tithes are none of the people's own; that the people have no right to them in the least; yet it is strange to see how unperswaseable, people are to believe this truth and how forward they are to embrace Charles nichols his false doctrine, touching the people's right to tithes; So that many people count it their duty to detain their tithes, they think they do God and themselves good service, to cousin the Tythe-receiver what they can: I have heard divers say, It is no sin to cousin the Parson what they can, & upon this account they say with scorn and glorying, when they pay any tithes: We give the Priest (as they in scorn call the settled minister) So much every year, we are at such charges to the Priest; either glorying in their bounty and gifts, or rather grudging at their payments of tithes, which are no more theirs then a Legacy is the gift of an Executor, or a debt the gift of the debtor, or the rent the gift of the tenant to the Landlord. Answ. 2 Such as Mr. Charles nichols are Oppressors of godly Ministers by abetting the withholding of settled maintenance: and oppressors of people too, by causing them to be charged with costs in Law for the iniquity, to which they entice them, and by drawing them from the orderly dependence upon their own settled Pastor; to be at charge in needless journeys, expenses, losses, by neglect of Families at home, and by occasioning them to be at need less charges touching ministers maintenance, when they may enjoy a competent means of salvation under as able, nay, under a more able settled ministry, without, any charge at all. Cavil 3 Mr. Charles, to prove tithes oppression, saith that the Landlord hath as much rent as the land is worth without tithes: therefore tithes are an oppression: Answer, 1. If any such Landlord, the oppression is from the Landlord, from the Landlords rend, not from the minister or Impropriator, or their Rent-charge of tithes, of which both the Landlord and Farmer, the Buyer, and Seller knew beforehand, before they bargained. Answer 2. This plainly appeareth to be a quarrel picked not only against tithes or tythe-rent, but against Landlords & Landlords rend. I hope, I need not cry out to Landlords to look about them, and to look after these levelling Paradoxes; which are vented by such fiery sparks; as Charles against them, to set all in combustion, as heretofore in Germany, where, at first, a quarrel arose about tithes; It was affirmed, that the paying of tithes could not stand with their Christian Liberty, which stayed not there, but the next that was opposed was Landlords rend, And Tenants risen up in arms against Landlords, Gentry, Ministry; So that upon this occasion six hundred thousand were consumed by War, by fire, and sword (as that famous Historian Sleyden, and others testify in the Histories of those times.) One near me said, if it were in his power he would sheathe his sword in the bowels of all the Ministers in England: And I heard him say, he desired the ruin of all the Ministers in England, and he knew not how to do it, but by starving them out, by keeping away their tithes, and that was his end in detaining my tithes, and not to enrich himself; he told me, he was willing to pay them to any body, save the Minister. It was lately affirmed, that forty thousand were ready to club down tithes And to this purpose I cannot forget what I heard, in a tumult of such men, met together in the Chequer-Chamber at Westminsler, when a known Atheistical Leveller did attend the Committee of Plundered Ministers sitting in the next room; about his refusing to pay his tithe: I heard it clamoured there, that neither Tythe-rent, nor Landlords rend should stand long: And there is one Barber who styles himself a Merchanttailer, who, a while since, p●●nted a Pamphlet, entitled The storming and total routing of tithes which (as to their warrantableness to be the maintenance of Gospel Ministers) will not be stormed & routed out of the judgements and consciences of any godly wise, by such confused, weak & childish assaults, & batteries of nonsense. That Pampheleter Prints in the ninth page of that paper these words; The Landlord and the Priest, or Parson are only Gentlemen; the rest are Slaves, who labour for that which the other spend on their backs and bellies: This mutinous expression puts me in mind of that proud seditious Tailor, called King John of Leiden, who under pretence of Religion, Saintship, Inspiration, was a Ringleader in ruining of thousands of Landlords, Ministers, and others that followed not ●is pernicious ways against Government, and true religion; He had fifteen wives, and came in the end to be hanged: for his seditious, rebellious and bloody practices: Abad omen for Iheouran John, and for Master John Can, who proclaims the public settled Ministers of England, Traitors by a roaring voice from the Temple of Bacchus, where such Cans are in use: but here we see the Landlords, and the Ministers are the joynt-marks, at which these Firelocks level in these days, wherein they only wanted a King John of Leiden to head & Protect them in their mutinou ways, under pretence of Saintship and Religion; But it is more than probable, that Landlords rend, and Tythe-rent (like Hypocrates twins) will stand or fall both together; They being due by equal right, grounded upon the word of God, and the Laws of the Nation; By which Laws we have right unto, and do enjoy all that we have, upon sure grounds of Justice and Equity: The Law being the just interpreter of every man's right: Only the Laws for Tythe-rent come fare short in many circumstances, as to the certainty of enjoying tythe-rent, which notwithstanding the present Laws, are subject to so many frauds and losses, that Landlords rend of 200 pounds per annum is more certain, and more sure to purse, than the Ministers, or Impropriators of 400 pounds per annum in tithes: And if these Vultures that prey on Tythe-rent, had once devoured that revenue, which belongs to others, they would be so fleshed thereby, that in a short time, they would grow so greedy, that they would pray on Landlords rend also; First the hedge, next will be the field; First, the paring of the apple being gone, the apple itself will not last long after; There being equal right in the people to either Rents, and they that take away the propriety of tithes, will doubtless take away all propriety, even the Freeholders nine parts also; Such men are laying a foundation to bring in a Community, & to take away all propriety whatsoever. Answer 3. I cannot but marvel, that Charles should lay this reproach upon Landlords in England, that they are such oppressors, as to exact and take as much rend of their Tenants or Farmers, as their Lands and Farms are worth without tithes; when it is manifest, that thousands of Farmers in England, above other Nations, have so good pennyworths, that they live plentifully, and get fair estates out of their Farms, though they pay two rents, Landlords rend, and Tythe-rent, besides other taxes and duties; Tenants and Farmers in England are not as those in France and other Nations, they are not slaves, as the Merchanttailer calls them, in his recited Pamphlet they do not wear Wooden shoes and Canvas breeches. Cavil 4 Saints are against tithes; therefore tithes are not to be paid: Charles his words to this purpose are, Non-tythe-payers are Saints; honest men, people of God, true brethren, etc. Answer, I have read in the Catalogue of the Opinions, Errors, and Heresies of these times, that some hold, that Saints are freed by Christ from all Laws, Covenants, Vows, paying of tithes, or debts: Such brethren as join to wrong others, are brethren in evil; Saint Paul calls such false brethren: Are they not that defraud their neighbours, that are thiefs? Are they not false that pretend to pay all their tithes justly and truly; say, they have left their tithes justly and truly set out, yet, with Ananias and Saphira, keep back part, nay, half, nay, more than half, yet cunningly leaving some thighs to avoid the plain discovery of the value? Saint Ananias, Saint Saphira, Saint Liar, Saint Thief, Saint Thomas Tythe-short, Saint Robert Robminister. In the seventh Century of the History of the Church we read touching the corruption of those times, amongst three adminable things that fell out in that age; one was, that whoredom was canonised, that is, notable Harlots were counted Saints: Can those that rob their neighbour be honest men? and if not honest, how Saints? Dishonest pretended Saints are no true Saints▪ but real Hypocrites, who make Godliness a cloak for their covetousness, maliciousness, etc. We should serve God in holiness, and righteousness; not one without the other; The first thing in Godliness is to do justice, (Mich. 6.8,) a religious Knave, is the worst of men, as that Devil that changeth himself into an angel of light, is the worst of Devils; Ahab, and Jezabel, are become Saints on a sudden; they are very devout, proclaim a Fast: But all was more plausibly to defraud honest Naboth of his propriety and estate: Saint Ahab, Saint Jezabel: Of whose order of Saintship are unrighteous pretended Saints, who for malice and lucre sake, oppress & ruin truly godly and honest men, both Ministers and Impropriators, and therein incorporate themselves with the avowed haters of God, and enemies to the very profession of Religion. The greatest zeal in Religion in some, is how to cousin the Minister. Ans. 2 The godly may err, their judgement, doctrine, & practice is no rule to others further, than they are followers of Christ: The greatest heretics have appeared to lead Saintlike lives, they have been accounted and canonised for Saints; we have woeful precedents at this time of such Saints: I have heard such Saints, extraordinary Professors say, that to detain their tithes is no sin, and at the same time affirm, that to save custom and excise is no sin, that is all a man gets by his commodity, etc. Answer, 3 Some are said to be godly, having only a form of godliness: but deny the power of godliness, covetous, proud having a form of godliness, (1 Tim. 3.1.) Cavil 5 The Saints will pay no tithes, or any settled forced maintenance, because they make scruple of conscience, to pay it, they are conscientious men; It goes against my conscience to pay tithes, therefore I'll pay none; this is daily heard. Answer 1 Many in the cause of Minister's maintenance, make scruple out of pitiful weakness, opinion, passion, ignorance, superstition, and preposterous zeal; I instance in Charles nichols, I appeal to all that shall read his recited Paper, and the forenamed Merchanttailer, and the Kentish, Hartford-shire and other Petitions against tithes; Saint Paul himself acknowledgeth this was his condition in his zealous acting; (Acts 26.9.) I verily thought with myself that I ought to do many things contrary to the name of Jesus, etc. It was his opinion, and he afterwards acknowledgeth he did it ignorantly (1 Tim. 1.13.) Answer 2. Some pretend scruple to hid their malice against the Ministry itself, as they did who hired Judas to betray Christ, they made scruple to put the price of his blood into the treasury; He that desired the ruin of the Ministry, before spoken of, said he kept his tithes to starve them out, because he desired their ruin, I heard him speak it, and two more were present and heard it: And the most scrupulous in this matter, as Anabaptists, Brownists, Heretics of all sorts, are professed actors for the ruin● of the Public settled Ministry in England. Answ. 3. Some pretend scruple to hid their covetousness, and if scruple (whether pretended or real) were a sufficient plea to exempt them from performance of duty, especially in money-matters, who would not make this plea to save charges? as the Levellers do scruple to pay Landlords rend, for which they have many colourable Cavils, as many, and as fair seeming objections, as can be made against tithes; as no man ought to live on the sweat of other men's brows. The earth hath he given to the sons of men; The Saints must inherit the earth, Landlords are no Saints, they are oppressors, proud, etc. Answ. 4. Christ was scrupulous against all sin, he was holy, harmless, etc. yet he made no scruple of Tythe-paying, (Matth. 23.22.) and, more than that, he made no scruple to pay Poll-money, though demanded of him against right (Matth. 17.27.) whereby he teacheth Christians much more, not to scruple payments due by humane law, and civil right: He commands to give unto Caesar, the things that are Caesar's, as well as to give unto God the things that are Gods; Tribute to whom tribute is due, Custom to whom Custom is due, (Rom. 13.) Cavil 6 There is cause of this scruple: for tithes are a mere Jewish, Levitical maintenance, a Ceremony: (This Charles affirms, and calls them the mouldy-bread of Tithes.) And therefore Tithes (as all other Levitical Ordinances, Types and Ceremonies) are ceased, and if we pay Tithes, we hold up Jewish Ceremonies, and thereby deny Christ to be come in the flesh. Answ. 1 This scruple might be cased if they would pay their ninthes instead of their tenths. And (for mine own part) if their conversation speak such men truly godly, in all other things, so that it doth not appear that in this only they strain at a knat, and in other things swallow a Camel (as many do) I would be content with the elevenths, instead of the tithe, or tenth to ease them in this scruple. Nay, if we could be certain of the fifteenth in kind without fraud, it would be some comfort, but reduce the tenths to the fifteenths, the unjust Tythe-payer will cousin and cheat as much, as when he pretended to pay his tenths. Answ. 2 God that commanded tithes as maintenance for Ministers, never repealed that law, never forbade paying of tithes: When tithes are named in the New Testament, there is no mention made of the repealing of them: And where there is no Law forbidding, there can be no transgression. Answ. 3. The Word of God is so far from probibiting tithes as a Gospel maintenance; That the payment of them is therein asserted and warranted: The immediate Prophet before Gospel-times speaks for tithes, (Mal. 3.8.) and calls non-tythe-payers, robbers of God: And Christ himself, who is the sum of the Gospel, when he was come into the world commended and commanded that duty of paying tithes (Mat. 23.23.): As Paul, a Gospel-Preacher immediately after Christ's Ascension, doth also press such a maintenance for Gospel-ministers, as is agreeable to that maintenance, which they had that did serve at the Altar (1 Cor. 9.6.) such a maintenance as should be a partaking of all good things (Gal. 6.6.) which is most fitly done by tithes of all good things, which is a way of maintenance that all the wit of Men & Angels cannot find out a more equal, just and reasonable, which was first appointed by the Divine Wisdom, who thereby stinted the niggardliness of the people, and the Ministers claims to a certainty: And no other settled way can be found, which affords a proportion of that equity, and justice: whereby God teacheth men to live upon providence (Tithes being the fruits of divine pleasure more or less) as God is pleased to dispense; And thereby the Minister to far a like with the people in want, and abundance, in mean crops, and prizes, and in plentiful crops, and prizes; which intent of God in Minister's mainterenance is not accomplished by any other way of maintenance: If a rate or stipend for the Minister, the rate is the same still, though the rent, crop or prizes of tytheable things be fare less then, when the rate was first set: or though double in value since the rate was first established, whereof many instances may be given. Answer, 4 It is denied that tithes were a Ceremony, a ●●dow of things to come; let any show, what the paying one in ten rather than one in nine, or of one in eleven did typify, concerning Christ. Answer 5. Tithes were not paid, or payable to the Levitical Priesthood only, or to those of the Tribe of Levi only: For Levi himself paid tithes in Abraham, who paid tithes to Melchisedeck, whose Order is another Order, a distinct Order, from the Order of the Tribe of Levi (Gen. 14 Heb. 7.) Answer 6 It is not denied, but that as tithes now are paid, they are made a Ceremony and Compliment, fare more in show, and noise of words, such a value, such Laws for tithes, etc. then the minister finds in substance, as it fared with the poor naked destitute man, of whom we read in Saint James his Epistle. Cavil 7. The Apostle saith (Heb. 7.12.) For the Priesthood being changed, there is also a necessity of the change of the law; That is, of the Law for the maintenance of the Priesthood by tithes, etc. which in the old law were paid to Levites and Priests, which came of the lineage of Levi; of which our Ministers do not come: Answer 1. It is true, that that law concerning the maintenance of those Priests is abolished by Christ, and his Priesthood: But it follows not from thence, that because that Priesthood, law and maintenance due to those levitical Priests is abolished by Christ, a Priest for ever after the Order of Melchisedeck; to whom tithes were due, and paid by Abraham, before that law and Priesthood instituted; therefore all tithes and maintenance due and paid to Mechisedeck, and in him to Christ, are altogether abolished as Jewish: The quite contrary appears in that text of Scripture, wherein the former clause, tithes are ratified, as appurtenances to Christ's everlasting Priesthood, as well as to Melchisedecks, and therefore as due to his Ministers under the Gospel, as to any Priests, and Levits under the law: Answer 2. If all things given and prescribed to the Levitical Priests, & to the Israelites by a general, or special Levitical law abrogated by Christ, doth cease and become unlawful, in its primitive and proper use, unto Christian Miinisters and people now; because the Levitical Law and Priesthood is abolished: Though those things given, and prescribed by those Levitical Laws had a Divine, Moral, original, and use, before the Ceremonial Law given, or the Levitical Priesthood instituted: Then what will become of the Seventh part of time, the Seventh day Sabbath, as well as the tenth of increase, called Tithes? For the Seventh day Sabbath, though it had a Divine and Moral original, and was prescribed by a Moral Law, Exod. 20. was in some sort Ceremonial, and enjoined by Ceremonial Law also; Exod. 1.14. Gen. 24.13. and is abrogated by the death of Christ, and by the Resurrection of Christ upon the first day of the week, I say it is abrogated, as it is Jewish, as to the precisu seventh day from the Creation, and as to the rigour of the Jewish observance, and sacrifice, etc. on that day; I say, it would follow upon consequence of this Cavil and Objection, that it were utterly unlawful for Christians to observe the Lords Day, to render to God the same weekly proportion of time for his public worship, as the Jews did: and by the same reason, Gospel Ministers must have no houses given them, or freely allotted them to dwell in, nor any land, because the Priests & Levits had these established upon them by God, by his Levitical Law, with Cities and Suburbs, and lands adjoining; Then no man must harbour, entertain, invite, feast, or be liberal to a Gospel-minister; because the Israelites were enjoined by the Levitical Law, to harbour, entertain Priests and Levits, to let them eat and drink within their gates. Answ. 3. Saint Paul exhorting to maintain Gospel Ministers liberally and certainly, in 1 Cor. Chap. 9 verse 3, etc. citys texts of the Old Testamentour of the very Levitical Law, Thou shalt not muzzle the mouth of the Ox that treads out the corn; As they that did serve at the altar, did live by the altar, even so, they that preach the Gospel, should live of the Gospel, etc. This proves that God's Commandments for the maintenance of his Ministers, the Priests, and Levits in the Old Testament, are still in force, at least so far, as they are Moral and Judicial, and may be urged by Gospel Ministers: But Charles Nichols will not hear God speaking now in the language of the Old Testament, about this matter of Minister's maintenance; he falls a scoffing at God's Word cited from thence, Mal. 3.8. he blaspheniously jeers at my citing that text, in the title page of my Book; called the Minister's Hue and Cry: calls me a wand'ring Jew, half asleep, and half aw●k, crying out, Will ye rob God, etc. Cavil 8 There is cause of scruple about Tithes, for, Tithes are an antichristian Maintenance, therefore not to be paid by Christians. Answ. If by Antichristian be meant (as the word signifies) Tithes are against Christ, or contrary to Christ: I have showed and proved that they are not contrary to the Word of Christ, neither contrary to Law or Gospel, but warrantable by the Word of Christ: And they are not contrary to any thing in Christ, but agreeable to him: Tithes being paid to Melchisedeck, of whose Order of Priesthood Christ was, and of the Tribe of Judah, not of Levi. And that Melchisedecean Priesthood of Christ is now in force, and that his Priesthood continuing, there is no change of the Law, and upon this account, tithes are not Antichristian, nor against Christ, but a maintenance payable to Christ in his Ministers, who honour and serve Christ in his Melchisedecean Evangelical, and Eternal Priesthood: Answ. 2. And if by Antichristian, be meant that tithes are Popish, That is, that Tithes, as a maintenance for Gospel Ministers, are originally established from the Pope of Rome (who is Antichrist:) Tithes are not Antichristian in this respect also; if they be not against Christ, the Pope's allowing of them cannot make them Antichristian; no more than the Pope's praying makes prayer Antichristian; And (for further answer) it is plain by History, that Tithes were asserted as due to Gospel Ministers, long before the coming in of this the Antichrist, as may be found in the Writings of Irenaeus, Clemens Alexandrinus, Tertullian, and other ancient Fathers, whose Writings are full of assertions for Tithes; and yet they lived long before the reign of Antichrist. Answ. 3. It is the subtlety of the old Serpent to call light darkness, and darkness light, and to put sweet for sour, and sour for sweet, of purpose, to draw men from light of truth into darkness of error, and to move them to distaste the sweet ways of godliness, and to run into the bitter ways of sin and death; to fright people out of Christ's ways, by calling Christ's ways Antichristian ways, because the Pope and Papists teach and practise those ways of Christ, or mix them with Popish dross, Superstition, Idolatry; should we not pay our debts, because Turks and Papists pay their debts? should we neglect Baptism, because Papists mix oil, cream, etc. in the water of Baptism? Master Hawks of Essex, a Martyr, to whom a maraculous testimony was given at his death, did not refuse to let his child be baptised with water, he only refused to suffer the child to be baptised in those Antichristian mixtures with the water: should the mixed binding or Printing the Apocrypha, with the Canonical Scripture, in our Bibles, etc. cause us to reject the Scripture as Antichristian; Yet upon this account, most of the Principles and Duties of the true Christian Religion, are in these days called Antichristian Doctrines and practices. The Trinity of Persons in the Godhead, that there are two natures in Christ, Infant Baptism, That there is a Heaven or a Hell, all Antichristian forsooth. The settled Ministers of England, Their Ordination, Maintenance, Parochial Congregations, all Antichristian? Our Synagogues or Temples called Churches, where we meet in public to worship God, though never so dedecent, orderly kept, where Christ is truly worshipped, Christian Doctrine is truly taught; Christ's Sacraments rightly administered, Christ's Discipline duly executed, where no Antichristian Idolarous Monuments, no Antichristian doctrines or practices: yet our Churches are called the Bawdy-house of the Whore of Rome, Antichristian Steeple-houses. The Bells, that are instrumental to call people together, to serve Christ, they are called Antichristian Bimbomes: The use of the prayer, which Christ hath taught us is called antichristian, Schools of Learning, Universities, all antichristian: Latin the language of the Beast: The Magistracy antichristian; Our New-lights despise Government, and speak evil of dignities, especially if they be zealous advancers of Religion, as of Minister's maintenance, etc. By this Bugbear noise of antichristian, many are scared into most antichristian ways of Heresy and Profaneness. Cavil 9 It is antichristian to do contrary to Christ's command: when Christ sent his Apostles to preach, he commanded them that they should preach freely (Mat. 10.8.9, 10.) Freely ye have received, freely give, and take no scrip, etc. Answer, 1 That command was to take no reward for miraculous Cures: Heal the sick, cleanse the Lepers, etc. Then comes in freely, ye have received freely give: But it is not spoken as to their ministerial labour: For Christ faith, (v. 10.) The Labourer is worthy of his hire: their maintenance is as due to them, as the hire to the Labourer (Luke, 10.6.10.) Christ resolves thrice together that the Labourers in the Gospel were worthy of comfortable Livelihood, and not obliged to preach the Gospel freely; That recompense is called hire and wages not free benevolence: as due to Ministers, as servants & Labourers and Soldiers wages, which is not arbitrary; They are worthy of double honour, etc. (1 Tim. 5.17.) Answer 2. Those Apostles whom Christ sent to preach the Gospel could do Miracles, miraculous bodily cures: The Gospel, as a precious plant, being newly planted was watered by miracles: but when plants are grown divers year's men use not to water them: ministers now seldom do miracles; (Their greatest Miracle is, that they dare undertake the ministry in these times, and be faithful therein.) For, if people will not believe the Scriptures and the miracles therein recorded: They will not believe though one should rise from the dead, (Luke 16.) they will not believe for miracles done: And seeing those whom Christ sent could do miracles, and bodily cures, the people that usually mind temporal and bodily things, would certainly & liberally provide for those that cured them: Skin for skin, and all that a man hath will he give for his life. The miraculous Cures which Paul did, brought in plentiful provision (Acts 28.) Answer 3. Suppose that command of Christ, freely ye have received, freely give, did concern the Apostles preaching also: yet it was but a personal and temporary command, which concerned the Apostles only, not a general and perpetual command, which concerns all Ministers and Preachers; such a command, as, Abraham to sacrifice Isaac: To the rich man in the Gospel, to sell all and give to the poor: If those commands were general to all, as that what I say unto you, I say unto all, watch; then all should sinne that did not sacrifice their only son, than all should sin, that did not sell all they have and give it to the poor; And if this command of Christ to the Apostles when he sent them to preach were general and perpetual, and did concern all Ministers, than all Ministers should sinne that provided Gold or Silver, or two coats, or shoes or or staves, because Christ forbade his Apostles to provide those, when he sent them forth to preach. Answer 4 Ministers now have not freely received their abilities to preach, there liberal Education Learning, Tongues, Arts, etc. cost them labour and watching, and it was not of free cost, it cost their friends something. Cavil 10. Christ, and his Apostles did practise this command of Christ; they had no tithes, nor settled maintenance, and Paul, the Apostle had no tithes, nor settled maintenance (1. Cor. 4.7.) but laboured for his living: Answer 1 We heard before in answer to the first Cavil; That Christ and his Apostles, Paul, and others lived in times of persecution, when people that were converted were few, and poor; not many rich (1 Cor. 1.); The poor receive the Gospel, etc. And upon this account Paul would not be chargeable to the presecuted poor Saints and Churches: And that he might not be a burden to them, he wrought, to get his living: Answer 2 Christ and his Apostles lived while the levitical Sacrifice, Altar, and Temple, were standing, and living, not dead, or deadly; and therefore would not burden the people with double paying of tithes, to pay tithes twice for one thing; One to the levitical Priests, and one to Christ, and his Apostles. Answer 3. Paul had extraordinary gifts, he preached by inspiration, he might labour and preach, which other Ministers, wanting those extraordinary gifts, cannot, ought not to do; as Paul exhorts Timothy not to entangle himself in worldly employments, but to read, etc. Answer 4 Paul laboured for special ends, one was to stop the mouths of the false Apostles, that they might not glory over him, (1 Cor. 9.15. 2 Cor. 11.12.) The false Apostles gloried that they preached freely, (2 Cor. 11.12.) Answer 5 Saint Paul did it that he might not hinder the Gospel amongst the Corinthians (1 Cor. 9.12.) they being most of them Pagans, and some newly converted all covetous (1 Cor. 4.12, 13. Chap. 7.30, 31. 1. Cor. 11.7, 8, 9 Chap. 12 10 to 21.) he would not seem to abuse his power in the Gospel, in the opinion of those covetous ones (1. Cor. 9.12) Answer 6. Paul. laboured to make himself an example (2 Thes. 3.7.) to quell those lazy busi-bodies, that left their callings under colour of godliness; Some to be hearers all the week long and do go from house to house, talking to their brothers, and sisters of the Christian Relion; as if that were a sufficient warrant to be idle, busi-bodies, and leave their callings, & families; He laboured also to make himself an example, to quell those lazy busi-bodies, making Schisms and Divisions in the Churches, under colour of gifts and godliness: leaving their particular callings, and turning Teachers without a special call and sending: He laboured, that they might not live idly, and charge the poor Saints, when there was no need of them: Paul saith plainly there, If any man will not work, let him not eat; he intends not thereby, that all Ministers called to that function should labour with their hands, nor that men of estates should use handy crafts, etc. but his meaning is, that every one should take a course to live in his calling and place, according to their duty, and not be idle: Rich men, Magistrates, etc. have their work, to manage their places, and estates: Ministers have their work, they must labour in the word, be Workmen, that need not be ashamed, dividing the word aright. Answer, 7 Though Paul laboured, yet the other Apostles did not; and Paul did it not always, but only at Corinth (Acts 18.23.) and Paul upbraids the Corinth's, for suffering it (2. Cor. 11.7,) he reckons it amongst his sufferings and abasing of himself, that he was put to it, (1. Cor. 40.12. 2. Cor. 11.3. Paul saith he had power to forbear working, but would not abuse his power in the Gospel (1. Cor. 9.6.) and when he spoke to the Thessalonions of his labours in this kind, he takes them off from making his praise a rule, to urge this as a necessary duty to other Ministers, by his example (2. Thes. 3.8.) and he took maintenance when he thought fit (Phil. 4.16) and for final answer to this Cavil; we find that Saint Paul commandeth the liberal maintenance of Gospel Ministers (Gal. 6.6.) and (which is more) he useth many arguments to persuade that maintenance, from Scripture and reason (1. Cor. 9.3, etc.) so many arguments, and reasonings, for Gospel Ministers liberal and certain maintenance, that may convince all gainsayers; and will rise up in judgement against this crooked and perverse generation of sacrilegious robbers of God's Ministers, who are so fare from maintaining them, that they defraud them, of the maintenance, which is not at their charge; but it is by God's providence, bestowed, settled, and confirmed on them by others, without any charge to the present generation of men. And it is my belief, that Paul had a Prophetic spirit, and did foresee these times of withholding Ministers maintenance, and did therefore provide so many Scriptures, and so many convincing reasons for these times, that such covetous With-holders', and defrauders of Ministers maintenance, might either be convinced, and converted, or else have the greater condemnation. Cavil 11. Saint Paul (by his own confession) would not be chargeable to the poor Saints: But our settled Ministers are very chargeable to the poor farmers and others: Answer 1. The poor if they had tytheable things were bound by God's law, to pay the tithes thereof, and they brought their turtle doves, etc. according to their ability: Answer 2 The poor are bound to deal justly, as well as the rich, and in other things do pay deuce, according to their proportion, as in Landlords rend, Tribute, etc. Answer 3. The poor Farmer is not charged, by the Tythe-receiver; for the tithe which the Minister receives of the Farmer, is not the Farmers, but the Minister right and propriety, as is before manifested. Cavil 12. The settled Ministry of England are all Antichristian Priests: Therefore no true Christian ought to maintain them. Answer 1. This Cavil about the Ministers of England being antichristian hath been fully answered long since, and that ministry vindicated from that aspersion, and of late more especially, in a book entitled, The vindication of the Presbyterian Government, and more lately, and more fully, in a book entitled, Jus Divinum Ministerii Evangelii, &c: wherein that Ministry is proved to be truly Christian, and no way antichristian: The calling of those Ministers from Christ; Their Ordination according to the word of Christ, their Doctrines and Administrations all Christian: They abjure antichrist, pray against Antichrist, preach against Antichrist, and against all his Antichristian doctrines, and practices, withstood Antichrist to the loss of their lives, by Martyrdom, under the tyranny of Antichrist; Answer 2. They have the seal of their true Ministry by the conversion of many thousand souls to Jesus Christ, by opening, their eyes, and turning them from darkness to light, and from the power of Satan unto God: From this very ground the Apostle Paul argues the truth of his Apostleship, and Ministry (2 Thes. 2.14. 1 Cor. 9.2.) It was the seal of the truth of his ministry: Answ. 3. Who ever did read of true conversion (ordinarily) under a falls ministry, or in a falls Church? Answer 4. Where did those that cry out against the public settled Ministry of England as antichristians receive their conversion from sin to God? Where had they their eyes opened to turn from that, which they call antichristian darkness, to Christian light, new light; which conversion they presume to be wrought in them? Did they not receive it by, and from that ministry, which is now more reform then before? and therefore more assurance of the presence of Christ and his graces in, and with this ministry and those Churches, which they call Antichristian. Cavil 13 The Pope challengeth all things given to the Church, if we should pay tithes, or rates, we should pay them to the Pope; and thereby uphold antichrist: Answer 1 The Pope claims tithes and other lawful things; but his claim doth not take away their lawfulness in their own nature, no more than the Devils claim of Divine worship from Christ, doth disannul the divine worship of God: Answer 2 Tithes are not paid in England to the Pope or Popish priests, but (as we have showed) to the true Ministers of Jesus Christ; and to others, that have right to tithes, as their propriety. Cavil 14 Settled maintenance is a note of a false prophet: This Cavil Charles nichols useth, in his title page: The Priests teach for hire (Micah 3.11.) They run greedily after the error of Balaam for reward: Answer 1 The Prophet Micah speaks of false teachers, that made the people to err: they are coupled with unrighteous Judges, who take bribes to wrest judgement: that judged for reward, and these prophets that are said to teach for hire, are said to divine for money; they were hired to teach false doctrine, and to utter lying prophecies, to please and advantage those, that hired them: But our Ministers settled maintenance is not their hire, from the State, to preach false doctrine: The Christian Magistrate alloweth not such doctrine to be preached by these Ministers: but in joineth them to preach true doctrine: and punisheth, not rewardeth false teachers. Answer 2. Those texts of Scripture, which Charles wresteth, for his own ends, against the public settled, maintenance of Ministers, may fitly be applied to himself, that wilfully depends upon the reward of particular persons, upon their free benevolence; such as he are likely to run after the reward of Balaam; to preach perverse things, for filthy lucre sake, to please and honour their benefactors, in their opinions, practices, etc. lest they should give them nothing. Cavil 15. The Apostles lived upon contribution, upon what the people would give them of free good will. Answer 1. This is answered before: The Apostles times were times of persecution, and of poverty amongst the Saints, and therefore is no rule in times of peace, and prosperity, and plenty under a Christian Magistracy: Answer 2. The Apostles had the estates of believers of ability laid at their feet to distribute them for the support of Ministers and people, in those unsettled, persecuting times: If the Apostles practice in times of persecution, must be a rule for Minister's maintenance in times, of the peace and prosperity of the Churches; then the people's practice in those times of the Apostles, should be a rule to the people, now to sell their houses and lands, etc. and bring the price of them to the Ministers. Answer 3. Will such as now withhold the maintenance which is the propriety of godly Ministers, by law and right; Will such (I say) will such freely maintain godly Minister? Answ. 4. This maintenance by free contribution, and alms, as it were, is in all likelihood, and is found by experience an occasion, for Ministers to comply with carnal wicked people, in a man-pleasing way for livelihood? It was Jeroboams policy to have Priests dependant on his contribution, to be his Trencher-Chaplains, these were ready to sacrifice to the golden Calves, which the Priests and Levits, having a settled maintenance, refused to do: though Jeroboam and his son persecuted them, and put base ones in their rooms (2 Chron. 11.13, 14, 15.) Answer 5. Will the Profane or Heretical Person freely maintain a godly Orthodox faithful Minister? whose doctrine, reproofs, etc. are very unpleasing to flesh and blood. Answer 6. Experience shows how godly Ministers are maintained by free benevolence, where there is no settled public maintenance; in many places, the godly are the poorest and fewest; and we see many professors charity is but cold; upon this account many able and godly Ministers, that have members of their Sacramental Congregations from divers Parishes, until the Parishes be fitted with a competent number of fit Communicants, by the settled Preaching of the Gospel amongst them, by able and painful Teachers: I say, upon this account many of those Congregational Ministers do not subsist only by the contribution of their Congregations; but have public settled maintenance, without which they could not comfortably subsist, and provide for their families. Answ. 7. Those Ministers that have been necessitated to live upon contribution, have and do find, That man's nature is variable, and people's minds are aliened from them upon no occasion, they become such Ministers enemies, for Ministers telling them the truth: they say, Hail Christ too day, and crucify him to morrow: Make a God of Paul, to day, and stone him to morrow; willing to day to pull out their eyes to do him good, and are ready to pull out his eyes to morrow; The free contribution of such a variable nature is very uncertain, and is so found by daily experience. Cavil 16. I find no precept in the Gospel for the paying of the tenth, or any other certain rate, therefore i'll pay none: If God had set down how much I should pay, I would have paid it: I may pay too much, or too little, and so sin. Answer 1. The Gospel requires a liberal and certain maintenance of Gospel Ministers (Gal. 5.6. 1 Cor. 9.3.) Answer 2. God's Law for the maintenance of those, that were his Ministers under the Law, is set down, in answer to this cavil: Do ye not know that they which minister about holy things, live of the things of the Temple? And they which which wait at the altar, are partakers with the altar: Even so hath the Lord ordained, that they which preach the Gospel, should live of the Gospel, 1 Cor. 9.13, 14. This even so will satisfy this pretended Scruple or Objection, It proves a liberal, & certain settled maintenance for Gospel Ministers, by Tithes, Glebes, or otherwise. Even so, which even so Master Can leaves out, when he citys this Scripture, in his loud voice, and cry against the godly settled Ministry of England and their maintenance: although he could not but be convinced in conscience that this is the scope of the Apostle, to show that Gospel Ministers maintenance must be at a rate answerable, to that which those enjoyed, that did minister about the holy things of the temple: There is no commandment to vary or alter from the same certainty, and proportion: God showing by this, even so, that he hath no less care of Evangelicall, then levitical Ministers, for their liberal certain settled maintenance, not by the will, bounty, and pleasure of men, but by a certain tenure, and establishment from God: even so, etc. Cavil 17 Is printed expressly by Charles nichols, if people do not hear the Parish Priest, they need not pay him tithes or duties; Hence the Caviller saith, I do not hear the Priest, therefore I will pay him no tithes; if I reap none of his spiritual, he shall not reap my temporals; and if he must be partaker of all my good things, I must be instructed by him: (1 Cor. 9 Gal. 6.6.) Answer 1. This untrue and seditious position is not only vented by Charles nichols and some others, to undo, and ruin all the Godly settled Ministers of England, but to serve his own belly, to draw disciples after him; Charles would have his stolen sheep fat, and have good store of wool on their backs, such sheep are worth the drawing: if they pay the settled Minister no maintenance, they will be the better able to pay Charles: This is worse than to rob Peter, to pay Paul: it is to rob Peter, and Paul too, to pay Charles, to pay Alexander the Coppersmith, to pay Diatrephes etc. But this assertion is become very taking; and prevails very much, to overthrow the settled Godly Ministry: Thus of old they that did run before they were sent did steal God's word, every one from his Neighbour (Jer. 14.14. & 23.30) Diodate expounds it, they fraudulently take upon them to preach the word, and steal from the called Prophets all authority, and credit; As the false Apostles practised against the true Apostle Paul, whereby he was put to it, to justify his ministry, Answer 2 And this doctrine of Charles doth not only tend to the ruin of the Ministry, but to the loss of the souls of the people: for, upon this account, many will hear no Minister at all, to save charges: if they hear not the Minister, they say they are free from charges to the Minister; I know divers parishes, that have no Minister at all, to save charges; they may have the Gospel preached to them; but they prise tithes above their souls; Gain is their chief godliness; Answer 3. The people have no power to pay their tithes to whom they please; no more than to pay their Landlords rend, or debts to whom they please. For the tithes are not the peoples own, to give or pay, where they please; They are not their own good things, their own temporal things. Answer 4. Upon this account those that occupy lands in parishes, where they live not (Out-dwellers) will pay nothing, to such Ministers, for the upholding the preaching of the Gospol, in those parishes: the settled maintenance rising out of those lands, yet the greatest part of the lands in many parishes is farmed by Out-dwellers: Cavil 18 If the Ministers would live as they should do, and preach, as they should do, no man would refuse to pay them; they would pay them out of mere reverence to their worth: as the thiefs, that stole Mr. Gilpins' horse when they heard it was the horse of so holy a man, the thiefs brought him his horse again, and asked him forgiveness, etc. this objection I have heard, Answer 1 The most pious, able, painful Ministers, are most defrauded, by unconscionable, profane, people, only because they are such Ministers: when illafected are truly paid: Christ himself, who was holy, harmless, etc. was betrayed by Judas for lucre sake: And Saint Paul, who led an exemplary life, and preached better than any Minister now living, and could work miracles, yet he suffered hunger and thirst, and nakedness, had no abiding place, and was in perils of robbers, in perils of false brethren, and put to work for his living (1 Cor. 4.7. 2 Cor. 11.26. etc. Cavil 19 If tithes were put into a common treasury, and more equally divided, by stipends, I would willingly pay tithes: A. 1. It would be a vast charge to gather tithes into a common treasury, neither minister, nor people would be gainers by it; but that charge about collectors, treasurers, journeys, attendance, must needs be loss to some: Answ. 2 We see how it fares with the Ministers of the reformed Churches beyond the seas, in Holland, Palatine, etc. The Protestant Princes have the tithes; the Minister a stipend, which is generally so mean; that the people, after they have paid their tithes to the State, are necessitated to add to the Ministers maintenance, out of their own estates: as it was here in the Bishop's time, before the Parliament, in many parishes; the people paid tithes to non-resident, whose Curates were a burden to them besides, yet these people, now the Bishop's Courts are down, not fearing the present laws, do refuse to pay tithes only without any further charge to resident, godly, painful preachers: who keep house amongst them, and bear the burden of the parish, with them: In the Palatinate, before the sword entered there, the Minister's condition was such, that a Peasant, or Yeoman, scorned to marry his daughter to a Minister; their servants were thought good enough for them; And how it fared in this kind with famous Scultetus, is famous: And this was the immediate forerunner of the Palatine desolation, according to that of old (2 Chron. 36.15.) Answer 3 It cannot be proved, that ministers maintenance was equal of old; but the contrary, and there is just ground of inequality, in many respects, as of place, City, or Country, of the Ministers deserts, families, etc. Cavil 20 Many do petition against tithes all the Nation over, therefore I'll pay none: Answer 1 This rather argues for tithes; it was said, of the true Religion: This Sect is every where spoken against, and we read in the Gospel, that they all petitioned and clamoured against Christ himself; they all ctyed crucify him: They cried out against Paul, this man is not worthy to live; but there was nothing found in Christ, or in Paul, worthy of death, or of bonds: Answer 2 Many petition against tithes merely out of ignorance, opinion, passion, interest, for company, out of hatred to the Ministry itself, which they desire to overthrow, but will not cry down the Ministry in plain terms, but endeavour to bring their end to pass by unsettling ministers maintenance, which would in a little time destroy both maintenance, and ministry; One that came up to London to petition against tithes, being asked why he was so earnest to have them down; he said, He should get 30 li. by the year, if tithes went down: but being convinced, that if tithes went down, his Landlord would add his Tythe-rent to the Landlords-rent; he presently said, I will home again, as fast as I can trudg; let them petition that will; A. 3. The Clamour and Petitions of millions is not to be regarded, if it be can slesse, and against right: Answ. 4. Neither magistrates nor people must follow a multitude to do evil. They must not so much as speak in a cause to decline after many to wrest judgement (Exod 23.3) it was the sin of unjust Pilate the Governor, who delivered innocent Christ to be crucified only upon petition, & clamour; and there was a law made by the Heathen Emperors, that no Christian should suffer for clamours of the people against them: Answ. 5 Many Petitions have been made for tithes upon better grounds of Scripture and reason, than the contrary petitioners have or can produce; If both be compared, some of these contrary petitions, having nothing but noise, not a word of Scripture-grounds or inference of right reason, and these petitions from a very few in comparison, though pretended from many, and they not of the best. Cavil 21. Settled maintenance by tithes or otherwise, breeds contention: if there were no maintenance settled, there would be no contention, between Minister and People, no Lawsuits, etc. which hinders the Gospel. Answer 1. This might have been objected against God's Law for tithes; that God had settled a contentious maintenance, which to say is Blasphemy. 2 Contentions arise not out of the nature of tithes, but out of men's passions and infirmities: Those that refuse to pay tithes are the cause of the contention; they necessitate them, to whom tithes are due, to contend for their right, which is detained from them: The Non-tythepayer, is the contentious person: The Tythe-receiver only defends himself, when he endeavours to keep off the wrong in a legal way, without which he must of necessity lose his righr, and be guilty of his own wrong, and of the hardening of others in wickedness: There are two things especially, about which, if the Minister would not meddle with, there would be no contention (in all likelihood) between him, and the people; The one is his maintenance. The other is, the sins of the people: let him meddle with none of these two, he shall live without contention Answ. 3. Very many godly Ministers have set down quietly, amidst their great wrongs, in these times, only to avoid contention, lest thereby they should prejudice the Gospel; but I have found by experience, woeful experience, that this forbearance hath hardened men to be more unrighteous, as soft fires harden some things; by bearing one injury, wicked men are invited to do more injury: I know a Minister in Essex, that remitted about 20 pounds due to him, for some tithes taken from him in harvest, 1652; and the same Tythe-robber carried away all his Tythe-corn in harvest, 1653; I hear of hundreds of examples in this kind. Answ. 4. Any other settled maintenance, besides tithes, is subject to the like contention, as Rates, Stipends, Augmentations, if they be not paid, they must be contended for, or lost; which losing for want of lawful seeking after, the present Minister is accountable, not only for his being accessary to his own wrong, and defrauding, but for the wrong done to his successors, and to the Church of God, which might be benefited by that lost maintenance, if it had been contended for, for the support of succeeding Ministers. Answ. 5. Tithes, and Rates are a maintenance subject to contention, by reason, that people are emboldened to detain them, through defect of law and justice: but if better laws were made, and speedy, and impartial justice executed against that iniquity; so, that such unjust men shall not only have cause utterly to despair of impunity, and gain; but be certain of punishment, and loss; they will be necessitated to leave of that Trade, which will undo them, and is the only occasion of the contention; and tithes will be found to be no contentious maintenance; Answ. 6. The people by their lawless contention, purposely endeavour an abolition by law, of their payment of Minister's maintenance. Cavil 22. Tithes will ease the land of taxes: There are ten thousand Parishes in England, the tithes whereof will come to a vast sum: Answer 1 We must not do evil that good may come thereof, oppression is evil, undoing Gods Ministers, and thereby rooting out the Gospel, is evil. Answer 2. The propriety of other men, the revenue of Officers, Landlords-rent would ease the States, in taxes, which should rather be born by any other revenue, then by the Revenue of Ministers; we find in Scripture that the Priests lands in Egypt were not sold, in time of extremity, when other lands were sold. Cavil 23 I cannot profit by the Minister; Therefore I will pay him nothing: Answer 1 This may be only a pretence to defraud him, a cloak for covetousness, Answer 2 If the Minister be unfit, the Magistrate will remove him, if he be fit, it is thine own fault, rhat thou profitest not by him, thy unjust hatred, contempt, prejudice against him, hinders thy edification, by his labours. Cavil 24 Tithes entangle Ministers in the world, and distract them in their Studies, callings, duties, etc. Answer 1. Ministers of old looked after their livelihood: Answer 2 Ministers setvants look after their tithes: Answer 3. There is distraction in rates, it is found by experience that it is bad tithing out of people's purses, though the rate be never so low, in comparison of the tithe in kind, yet journey after journey to men of ability, still excuse upon excuse, and in the end, after divers year's forbearance, the Minister is forced to go to law, or lose all; if more particular laws for tithes inkinde, they would trouble less than rate, or stipend; and tithes being in possession, are ready money at all times, when the rate, or stipend cannot be had: From the North the Miaisters write, that to live in a stipendiary way doth obstruct them in their studies, and distract them, abour their Provisions for themselves and families; They writ from thence what wearisome, and frustrate journeys have Ministers made for their stipends, long after they have been due, These Northern parts can declare; There being a Commission from the late Parliament, for the Propogation of the Gospel there, and their best care used to draw Ministers maintenance into a common treasury; They (after much experience of the manifold inconveniences thereof) were forced to devolve it again into its old Channel. Cavil 25. Tithes and a settled maintenance keeps up an idle ministry: Answer 1. This is objected against Gods proceed, who settled tithes and certain maintenance for his Ministers of old. Answer 2 Idle ministers are to be thrust out, like drones; he that will not work, should not eat, only the labourer (not the loiterer) is worthy of his hire: Answer 3 If the labourer's wages be arbitrary, he is commonly less industrious; he knows not what he shall have; and (if he be conscientious) his certain good reward will make him more industrious; This is Saint Paul's argument to move us to abound in the work of the Lord, 1 Cor. 15.58. Cavil 26 The Parson is rich enough, he can spare what I take; Answer 1 This is the usual pretence of poor rogues; It is no sin to take from such a man, he is rich enough, he is able to bear it; but God's command is, Thou shalt not steal: he doth not say, thou shalt not steal from the poor, he doth not say from the rich thou mayest steal: thou mayest steal tithes. Cavil 27 The Minister would be too rich, if all his tithes were truly paid him: Answer. Compare Ministers maintenance now with the maintenance, which God settled upon Ministers in Israel: They had forty eight cities, with their Villages, Suburbs, and Fields (Numb. 35.) besides tithes, offerings, etc. Shall the Ministry of the letter be so plentifully, and certainly provided for; and the Ministers of the spirit uncertainly, and illiberally; especially in a Christian State where are already revenues of lands, tithes, etc. settled without any charge to the present people of the Nation, for the maintenance of such Ministers? Cavil. 28 The Soldiers (whom God hath owned in these times) are against tithes: Answer 1. It is strange that Soldiers should be against paying tithes, seeing the first tithes that ever were paid, that we read of, were paid by a Souldter by Abraham, the Father of the faithful, at his victorious return, he paid tithes of his spoils, and he paid tithes of all; and he paid them to the first Minister we read of (Gen 14. Heb. 7.) which act of Abraham, all that profess themselves the children of Abraham, by faith, are to consider of, especially Soldiers: Answer 2 Soldiers live not upon benevolence, they have a certain pay, certain wages (Luke 3. 1 Cor. 9) Their Army Chaplains live not upon benevolence, but have a certain liberal maintenance, a forced maintenance, out of taxes; Now the word of God shows that Ministers are Soldiers, they are all Officers, and therefore, are to have a liberal certain pay. (1 Cor. 9.1 Cor. 10.4. 1 Tim. 1.8. 2 Tim. 2.3, 4. & chap. 4.7.) Answer 3. The Example or judgement of any men in the world is no rule for us to follow without, or against the word of God, which word, how it holds forth, if not the necessity yet the lawfulness of tithes; as the maintenance of Gospel Ministers, we have seen before. Answer 4 It is not the judgement of all Soldiers, many Soldiers are of another judgement, men of that Calling, Eminent for Wisdom, Valour, Place, and Authority: Answer 5 Suppose all Soldiers were against us, for doing that which is our duty; we are not to sin out of fear of fire or sword, he that will save his life, shall lose it: Fear not them that can kill the body: but fear him that can kill both body, and soul. Cavil 29. I never promised the Priest to pay him, therefore I will pay him as little as I can: This cavil hath satisfied the little conscience of some, I have lost many pounds by this suggestion of the devil; Answer 1. Right must be done, though we never promise to do it: The not promising to do the duty, doth not justify the neglect of it; every duty of holiness, righteousness, and sobriety may be excused upon this account, I never promised to pay excise, custom, I never promised not to rob such a man, this is a thin cloak for iniquity, and covetousness. Cavil. 30. Lands and houses were worth but little when tithes were first settled, I am content to pay my Tythe-rent, after the value of the land, when tithes were first settled; but now land is worth triple the value: Answer. Tithes were at first settled absolutely in Fee-simple, not with any limitation for time, or value, of higher or lower prices. Cavil 31. The Priest is covetous, looks after money, loves money, tells money, keeps a Rate-booke, minds his tithes: Ministers should mind their book, and Sermons, and God will provide for them, they should trust God, etc. Answer 1. This accusation of the covetous Tythe-stealer, is only to hid his own covetousness, and iniquity, to cry whore first. Answ. 2. This is a common and false flander raised against the best Ministers, if they look after and demand their own, their due, presently they are covetous, none covetous in the Parish but the Priest for sooth: Answer 3. Ministers are not Angels to live without food, and raiment; they ought to provide for themselves, and their families, and may do it without covetousness, or the just imputation of covetousness, for so doing, as other men that are not Preachers, when they look after their rents, debts, deuce, etc. are not to be accounted covetous therefore; The Apostle, speaking of Ministers, tells us that in the calling, and office of the Ministry, in the work of the Ministry, of the sour going out to sow, the word, that sowing is sowing in hope, even of temporal things (1 Cor. 9.10, 11.) Ans. 4. Ministers (as all other men) must trust in God, and pray to God, and depend upon God's providence for their daily bread; for comfortable subsistence in this world: but they ought to use the means, & not to tempt God, by neglect of using the means, to get their daily bread, and to provide for their families Cavil 32 I would pay the Priest justly, if he would let me set out his tithe, for him, by myself alone; If he would trust me with setting it out, but he fares the worse, because he is so mistrustful, so jealous, that he hath his men at our heels all the harvest. Answer 1 This is a mere cavil of the fraudulent Tythe-payer to pick a quarrel about this, only to have a colour not to set out, or carry away any tithe in the presence of those servants, that he may leave what tithe he list, in their absence: Amswer 2. If the Tythe-receivers servants attend not to see the tithe set out; the Tythe-payer, will be their own carvers in their absence; Answer 3 Common justice and reason requires (though the law doth not) that he, whose propriety the tithes are, should by himself, or his assigns, see and know that he hath his own; and not be left to the will & pleasure of the Tythe-payer, to pay him what he list, in his absence. Answ. 4. They that mean honestly will rather desire, then refuse, or decline winesses to attend them, to avoid suspicion, and contention, Cavil 33 I do not believe tithes are due, therefore I will pay none; This is a usual objection: Answer 1 The not-believing that a duty is to be done, is no plea for the neglect of that duty; but an aggravation of that sin of ommission. Answer 2. If men might be free from payments and duties for saying, they do not believe they ought to do it, who would then pay anything; Saith one, God hath not yet set it upon my spirit, to pay excize, to pray in my family, etc. Therefore I desire to be excused: Answer 3. This is rather wilfulness, than not believing, they will not believe that tithes are due, they will not be persuaded, etc. Cavil. 34 If the Priest would take the tenth child in the Parish and keep it, I would think it equal to pay the tenth, the tithe of other things to him: Answer 1 God never appointed his Ministers to whom he appointed tithes, that they should upon that condition, take and keep the tenth child. Answer 2 Gods provision for his Ministers, which the Scripture holds forth, is for their Livelihood and maintenance, not for their hindrance and charge: Answer 3 Ministers bear their proportion in parochial charges for the relief of poor children, etc. Cavil 35 We have gifted men enough, that will preach for nothing, that will maintain themselves, and therefore we need not pay tithes: Answer 1 We have cause to praise God for his gifts in any, and we are to pray that all the Lords people were Prophets. Answer 2 Some are only pretended gifted men, and gifted men in their own conceits, and of mere bold fancy undertake to preach publicly, as experience shows, they may have good affections: but are not able to divide the word aright, but speak only good words & matters, (if they be orthodox) but little or nothing to the text in hand, & run over 100 themes, in a Preachment; and that in a dull & silly manner; I could name divers such, yet they are cried up by those of their faction, for rare men; I have compared the practice of such meetings to the milking of a goat, by one into a five, and divers standing about the five, and holding it up, to receive the milk: 3 And these pretended gifted men, coming from their shops and trades, get some pocket-sermons, which they either learn out of printed books, or have taken in writing at the sermons of Godly able Preachers, these Sermons they preach up and down, here & there, being Ambulatory, Journey-m●n, Vagrant Preachers, wand'ring Stars: not being able to sit down with a people, as Pastors, in a constant course of expounding, Cathechising, Preaching: etc. One of these gifted men preached such a pocke●-sermon five times times, one after another in several Parishes, and in every preaching had these words in the same passage of his sermon (viz.) (Now the Lord hath set it on my spirit to tell you) And by the way, here I cannot but wonder how it can be conceived that itinerary preachers should by their unconstant, unfrequent preaching amongst people, be able to frame a people to a way of knowledge, faith, obedience, etc. I instance in John Turner who hath some of his pretended Congregation, in the Parish where I live, above twenty miles distant from him; these neglect the public preaching of the word, month after month, though they may enjoy it at their own doors, or not far off elsewhere, yet they by their weak principles, not to hear in our Churches, and their wand'ring star seldom appears in this Horizon. I have compared them to the Inhabitants of Greenland (if any be) that see no day, or Sun for divers months. 4 If any such pretended, or really gifted men will take no tithe, it's at their pleasure; that argues nothing against Ministers settled maintenance, as Saint Paul would not have his example, in not taking of the distressed Saints, made a rule to all Ministers, 1 Cor. 9 5 The false Apostles preached for nothing, as we have showed before; their cheapness doth not argue their worth, in life, or doctrine, as experience shows. 6 Some of these cheap men bring in a dear reckoning at last: I mean, they creep into houses, and into purses too by degrees, & under pretence of long prayers, devour widows houses, swallow down large incomes, and get good estates. 7 Some of these men gifted, as they say, without liberal education in Arts, Tongues, at Schools, Universities, etc. are mere dissemblers in concealing their liberal education, that by this Jesuitical plot of extraordinary gifts, pretended to be given them in an extraordinary way, they may allure people to error, and overthrow Schools of Learning amongst us; and may overthrow an able, learned, Ministry thereby; that there may be n●ne of eminent learning, to convince the Learned gainsayers. 8 It will not profit a man to win the whole world, and lose his own soul. If such teachers by weakness, error, etc. ruin thy soul, if thou losest that upon this account, thou hast made a losing bargain. Cavil 36. The Priest is put upon us by others, by the Parliament, by the Patron, against the will of the Parish. He was never chosen by us, though he be sent to us by Authority, we do not take him for our Minister; and therefore we'll pay him nothing: Let them that set him on work pay him his wages, if others provide us servants, let them pay them their wages. Answ, 1. The Christian Church and State, that take care to have Ministers sent to places, for the Propagation of the Gospel, take care and make provision for such Ministers, without any charge to the people, or parish whether they are sent; the settled, established maintenance of such preachers, is from the State, by Houses, Glebes, Tithes, Augmentations, etc. The people, the parish is at no charge for such Ministers wages, as is already proved: Tithes are not the peoples, but the Minister's propriety: Answer 2 Those that choose their preacher, which is not provided for, by the Christian Magistrate, by a public settled maintenance, they cannot do it but at their own charge, it is their private transaction, at their private charge. Answer 3 The State knows the unfitness of Parishes, as yet to choose their own Preachers in regard of deformation, that is left in them by the Prelatical government, & by the experience of what teachers the most Parishes approve of, etc. Answ. 4 The people have a Negative voice, if they can show just cause against a preacher, that is sent them, by a rational dissent, not by a wilful causeless opposition of Ministers sent unto them. Answer 5. The Scriptures speaks of sending Ministers, and it reproves those that have itching ears that heap teachers to themselves (2 Chron. 16.15. Math. 23.37. 2 Tim. 4.3. Cavil 37 I would pay my tithes justly, if I paid them to an Impropriator that pays money, and rend, for his revenue: but the Priest pays nothing, but prates a little, etc. Answer. Some object this when they should pay tithes to the Minister, where they live, and after removing to a parish, where an Impropriator had the tithes, have refused to pay him, alleging that if the Impropriaton did take pains for his tithes, as the Minister, or if he were a Minister, they would pay him. Cavil 38 The Priest is a Devilish Round-headed Priest, breaks down godly Images, and Pictures, pulls down the Holy-cross, & Holy-water-font, refuseth to use the Common-prayer-book, to marry, to give the Communion to all, to pray at the grave, to preach on Saint Christmas-day, etc. If he will not do his duty, we need not pay him his wages: Let him do his Office and he shall have his benefice; I will pay him no tithe, but a tithe halter, this I have often heard: Ans. This is to persecute a Minister, for righteousness sake, for well doing; This is to render evil for good: Christ himself, the great Shepherd of the Sheep, and his Prophets and Apostles, were so dealt with for their faithfulness in their places: So persecuted they the Prophets instead of maintaining them. These are the principal Cavils raised against Minister's maintenance, whereby ignorant and wicked men, do blind, and harden their consciences against the revealed and implanted light, and truth, for their own ends. CHAP. IU. IT is High-time then for the Christian Magistrate to take this cause into speedy consideration for the suppressing of these causeless and wilful oppressions, acted daily against God's Ministers: And although the discovery of the disease, the beholding of the man fallen amongst thiefs, be motive enough for compassion and relief: yet I shall lay down some further pressing arguments for the speeding of that righteous and pious work: to this end, First, consider that pious Princes in all ages, have advanced the settled maintenance of Ministers by strict laws, and impartial justice, as Histories show; they left not men only to their own conscience, and to the law of God; even of old, besides God's law, there were humane laws, for the certain maintenance of Ministers (1 Chron. 31.4, 13. Nehem. 13.6.) 2 Consider how many godly Ministers have been wearied out, and worried out, of late years, and have been necessiated to leave their places, and shift for themselves to prevent their utter undoing, as in time of Deformation (Nehem. 13.10) They have spent their temporal estates, in spiritual live, of a real considerable value; but not so to them, by reason of these frauds: Ministers have spent more in Fifts, Tenths, Taxes, etc. then they received in all their Tythe-revenue, year after year: Some Ministers of worth have been constrained to sell their books to buy bread: Mr. Perkins in his Treatise of the Duty and Dignity of Ministers, seems to prophesy of these times; The Ministry (saith he) for the mast part yieleth nothing, but a plain way to beggary; Divers Ministers, who living frugally in places of 200 pound per annum, yet through these frauds and oppressions from the people, besides taxes, Fift-parts, etc. died so poor, that they left their wives, and children, to the public alms of the Parish: and Impropriators undone by these frauds, and constrained to yield up their leases: so that, if tithes continue to be paid, as formerly, without better law and justice for their recovery, especially, seeing these fraud's increase more and more daily, it is humbly conceived, that it were well to build Hospitals and Almshouses, in every City, & County, to harbour and relieve decayed and undone Ministers and Impropriators, their wives, and children; and upon this account, consider this oppression and ruin is the more, by reason of the great, extraordinary charges to which Ministers are put, now more than heretofore by providing so many servants, to look after their tithes, in harvest especially; where two Tythe-lookers would serve the turn before the first Parliament, when the Ecclesiastical Courts were in power: now ten, nay twenty, nay a hundred are too few: whereby the Minister is at excessive charges, which eats up all his profits: Yet these many attendants cannot so attend the Tythe-payers, which will give no notice (though attended upon) when he will tithe, and carry his Corn; but he will find a time to carry it away day or night, so, as none of those servants shall know what tithe was due: so that, it had been better for the Tythe-receiver to have no Tythe-looker, but to leave all to the Tythe-payers unconscionable conscience which (in some) is as wide as their great Barns great door. 3 Consider the crying sin of Oppression: If the wages of one labourer kept back a short time cry, Deut. 14.14, 15 o what a loud noise do the cries of so many hundreds of Labourers in God's Harvest, make in the ears of the Lord of Hosts, against these oppressors, and those that have power to relieve these oppressed ones, and do not relieve them by Law and Justice. 4 Consider that if authority be wanting in so necessary Laws, and due execution of Justice, they make the Nation guilty of such sins, as for want of good Laws are practised: For God hath given authority to all Nations to make Laws for the observation of his Divine Laws, which if authority neglect to do, it sins; and inferiors sin in not following them with Petitions and Importunities, for the making of such Laws; and this is one aim of this Treatise, and was the aim of the weighty Petitions, from many parts of the Nation, especially from the Renowned City of London, Worcester-shire, Hamp-shire, the Northern Churches, etc. 5 Consider that Ministers settled maintenance is their Propriety, as hath been proved; Oh let not such a precedent of taking away propriety be tolerated; lest it ruin all propriety: Tithes are said to be God's propriety in some respect, when those that withhold them are accused by God himself; to be robbers of God (Mal. 3.8.) God gives them to his Ministers, they are paid and payable to God, in his Ministers. It was a part of the Declaration of the Parliament (Declarat. 10. Jan. 1642) that their aim was to maintain propriety and the free passage of justice 6 Consider Ministers layings out are certain, for , food, etc. and for the Public, for First-fruits, Tenths, Taxes, Fifts, Reparations, etc. These are required & forced from Ministers by strict law & justice; I have known Soldiers quartered on Ministers, for their not paying Taxes, when the people had the Ministers tithes ten times in value in their hands; And Ministers in that case imprisoned, for not paying taxes, and sequestered for fifts not paid, when their tithes were generally substracted, and are withheld to the value of more than a hundred pounds, inquire at Great-chart in Kent, etc. Oh what injustice is it to suffer them to be defrauded & thereby disabled to discharge these duties! to command water, & let the fountain be taken away; to exact the full tale of brick, & not see straw allowed, but what they can catch, scrape, rake and scramble for: if this should continue, would it not be construed a public fraud? oh let it not be said thy Princes are rebellious and companions of thiefs, (Isa. 1.24.) The crimes of persons are grievous, but those of a State are more grievous; The corruption of a member is not so grievous, as the corruption of the whole body: The greatest Empires in the world without justice are but great tents of robbers. 7 Consider that righteous laws and impartial justice, especially for the relief of the oppressed, will protect and support the Higher Powers, better than the sword will do, and uphold all good men's Love and Assistance to those Powers. 8 Consider the times were very sad to Godly Ministers, under the long and late Tyranny of the Prelates; it was but at the beginning of the Parliament, the Iron-teeths of these beasts were knocked out, and the iron yokes which they put upon Godly Ministers, pulled off: it is very strange the people should take lawless liberty presently after, to put a Hogs-yoake on Ministers necks, and to muzzle the mouth of the Ox until they have made an ass of him. 9 Consider that this States Counsels, and Actions, in these distracted times have aimed at, and effected the relief of thousands of oppressed ones, in the three Nations; the relief of Creditors and Debtors, by providing a remedy against all frauds in matters of debt whatsoever, relief against the frauds of Mealmen, etc. Godly Ministers are the most oppressed party in this Commonwealth, none more vilified, molested, defrauded, impoverished, than they. 10 Consider Persons engaged in the prosecution of the great work of these times, for the preservation of religion and liberties should be secured against the enmity and revenge of those that maliciously, or ignorantly seek revenge on such for their good affection; as hath been done for well-affected Tenants against illaffected Landlords and for others, by the the Honourable Committee for Indempnities; The case of Godly well-affected Ministers requires this protection and relief but where is it? they have been and still are defrauded, persecuted, ruined, for their good affection and zealous actings for the State, and for Reformation: especially those Ministers that were sent out, at the beginning of the Pa●liament, and did venture then all they had, even their lives, for the State and for reformation, and for that cause have hitherto suffered exceedingly from some people; especially by these frauds and oppressions, which the dis-affected act against them, not only out of covetousness; but more out of revenge against such Ministers, that first opposed the Popish and Prelatical ways, and broke the ice for Reformation; It is a grief to see how such Ministers, continuing all along cordial to the State and to reformation, are little regarded or secured from wrong; notwithstanding all their faithfulness and suffering, and especially those in sequestered Live, who besides, their present want of relief by the Committee for Plundered Ministers, in point of maintenance, are subject, to every Patron's pleasure at the death of the sequestered Incumbent, to be turned out, as experience daily shows, being thrust out of their sequestered Live, to the hardening, and triumph of profane, ignorant, and superstitious, ill affected people, who hate, and persecute such Ministers, for their zeal for God & the State, their zeal for God's house eats them up: They are devoured not only by the openly profane, and dis-affected; but now also by those, whose zeal eats up the house of God, and the Ministers of God too: But the Christian Magistrate, who is for the encouragement of them that do well, should not suffer any to be discouraged, or to suffer in, or for well doing, but should relieve and uphold them by his Authority against all opposition wrong, and persecution, acted against them, for righteousness sake: else such men's lives are made bitter unto them. 11 Consider, that for want of Law and Justice, to restrein this crying sin of Oppression, many souls perish. The Devils Barns in Hell are filled, as full of the damned souls of those, that have defrauded God's Ministers of their maintenance; as the Tythe-robbers Barns, Houses, Purses have been, and are filled with unjust gain: 12 Consider what a generation, and spawn of cheating unconscionable men is propagated by these continued lawless frauds from father to son, from master to servant, who are so fleshed with this constant, unjust gain, with impunity, that they proceed, not only in these frauds, but to other frauds and thieveries, by degrees, taking their rise from Tythe-robbing; whereby the Country, especially, is much tainted with this generation of vipers, that it is a rate thing to find a down-right-honest-dealing-man: The best of many of them being as a briar, and the most righteous of them, sharper than a thorn-hedge, as it was in the Prophet Micahs time, Micah 7.4. 13 Consider what an unjust scandal is brought upon godly Ministers, who should be an example to their flocks; Such Ministers are cried up to have a Living of such a certain revenue and value, and thereupon their Hospitality Liberality, etc. is expected, accordingly: which expectation those Ministers not being able to satisfy; hereupon, they are scandalised and cried up to be covetous, etc. and thereby the reputation of such Ministers is much prejudiced, to the great hindrance of the propagation of the Gospel by them, and their Ministry: For though a Ministers good conscience be enough to himself; yet his good name is necessary for the people for their edification. 14 Consider the duty of the Christian Magistrate is to seek the welfare and prosperity of the Church above all other Interests, which welfare of the Church, consists chief in the welfare of the Ministry thereof. The pious Magistrates of Israel, were very forward to uphold the settled Maintenance of Ministers, (a Chron. 31.4. Nehem. 9.38. &. Chap. 10.1.) and the Scriptures show that God would have Magistrates, to be nursing fathers and nursing mothers to the Churches of God, under the Gospel, and bring their glory and honour to it: The Kings of the Isles, amongst others, are prophesied of, to do this, (Esay 49.23. & 60.9, 10. Psal. 72.10, 11. Revel. 22.24.) and how can this be done, but by Patronage, Laws, Statutes, Privileges, Charters, etc. for the settling, upholding, countenancing of a liberal and certain Maintenance of Ministers of the Church especially? 15 The Declaration of Parliament of the eight of June 1649, Promiseth a liberal and certain Maintenance of all Ministers: I am afraid that the real settlement of that liberal and certain Maintenance, in all places of the Nation, out of the Church-Revenues, which were abused in maintaining Abbey-lubbers, etc. and thereupon alienated, hath been a sin, which hath oried loud against the Kings and Parliaments of this Land: For want of this settlement, the Gospel hath been hindered, and there hath been much guiltiness of the blood of souls, which have perished for want of an able Ministry: The pious intent of those that gave that Revenue to God and his Service, originally (though in an ignorant and superstitious way) hath been sacrilegiously abused; Their zeal and forwardness, The stones and timber out of the ruined Abbeys, Palaces; and Houses; and the stones out of the Lands belonging to Abbeys, Bishopoicks, Deans and Chapters, will rise up in judgement against us, If now, now in this golden time, and opportunity, this liberal and certain Maintenance for Ministers, be not settled in all places of the Nation: It hath been observed by Histories, that suppressing of Tyranny hath commonly brought in Anarchy; as it had almost accomplished at this time in this Nation; If the Levellers had prevailed, and the Government of the three Nations had not been settled: And as it is in the State, so in the Church, seldom any Reformation of Idolatry and Superstition, without Sacrilege: I question whether the Reformed Churches in other Nations, and the States there have not something to repent of, upon this account of Sacrilege. It is observed, that the Jews, before their Babylonish captivity, were very Idolatrous: but afterwards, after their return, fell to be exceeding Sacrilegious, exchanged Idolatry for Sacrilege, (Mal. 3.8, & 9) 16 Consider the hindrance of the Propagation of the Gospel, by the frauds, wrongs, and oppressions, acted against the Ministers of the Gospel. This sad condition of the present settled Ministry, alienates the minds of very hopeful Scholars from entering into the Ministry: Diswades Parents from disposing their sons to that Calling? I heard a Scholar, at his Ordination in Blackfriars lately, being asked why he entered upon that holy Profession, Whether for God's Glory, or for other respects? his answer was, that the times were such, so sad for Ministers, that, that question might have been spared; Seeing there was now nothing for Ministers, that intended to be faithful to aim at, in undertaking that Holy Calling in these times, but only God's glory. And experience tells us, daily experience, that upon this arbitrary power, which people have in many respects to illude the Laws, and to pay their tithes, in a great part, how, and to whom they please, according as Ministers humour, and please them, or displease them, the Gospel, and Reformation is thereby much hindered: Ministers thereupon must comply, or be undone, we see a woeful compliance of many Ministers, upon this account only, that Tithes may be well paid. They will hold in with all Tythe-payers, and give them content in all things, swear and tipple with them, to please and humour them; uphold Popish Holidays, pray over the dead; above all, they are careful to administer the Sacrament to all; though never so ignorant or scandalous: one and all, like Hogs at the trough; Come, and come all, said a Minister, lately in the next Parish Church: and another near me, after he had set up his Altar and Rails, said openly in the Church, immediately before the Communion, Come all up hither to the Manger of your souls. And such Ministers, to comply upon this account, knowing the people's lawless liberty about their Tithes, are very wary how they reprove or oppose their sins, either publicly, or privately; I shall never forget what a godly Minister told me, touching a Nonresident, for whom he preached at Milton in Kent: The Curate told the Nonresident, that such a chief man of the Parish profaned the Sabbath exceedingly: Tush, said the Nonresident, Let him alone, he pays his Tithes well, if you meddle with him, he knows what he may do, to half undo me in my Tithes. 17 Consider that unless the Maintenance of Ministers be more certain, but continue arbitrary (in a manner) as the case now stands, there must of necessity follow thereupon an utter overthrow of a godly able Ministry, and thereby the ruin of the Gospel itself, for want of a certain, liberal Maintenance, for such Ministers: Mr. Stock (writing upon Mal. 3.) tells us, that Julian the Apostate ruined the Church more than any persecuting Emperor before him, for they overtherw Ministers only, but he overthrew the Ministry itself, by taking away Tithes: and-thereby overthrew the worship of God; which is all one with a liberty left to people, to take away, or withhold the Minister's maintenance. Lastly, consider the blessing of God, that comes on those that make conscience of performing this Religious duty touching the maintenance of the Ministers of God, whereby the worship of God is upheld (read Deut. 14.22, 23, 28, 27. & Chap. 16.12. Prov. 3.9, 10. Mal. 3.11, 12). Think of Abraham, the first Tythe-payer, as we have showed before▪ God blessed him greatly, and he became great, and gave him flocks and herds, and silver and gold, etc. And Jacob the next Tythe-payer, we read of (Gen. 28.20.) God blessed [him and his posterity, the children of Jacob, the children of Israel. And on the contrary, consider the Curse that follows the neglect of this duty, and the judgements of God upon those that deal not faithful therein; Those that neglected this duty were cursed with a curse, they carried out much, and brought in little, (Mal. 3.12.) The holy Prophet Samuel speaks of King saul's taking the tenth of their seed, and of their Vineyards, and giving them to his officers and servants (1 Sam. 8.15.) what became of him and of all his? ruin, blood, and destruction followed them. The cry of the oppressed servants of God comes up before God, who by this sin especially, is much provoked to wrath, and to pour out his judgements against Princes and people, even whole Nations, where God's Ministers are misused, despised, oppressed: for this sin God sent against Israel the King of the Caldees, who slew their youngmen with the sword, etc. 2 Chron. 36.15. And what think we shall become of those States, and private persons, who take away, or suffer to be taken away, that maintenance of God's ministers? especially, seeing there is a further obligation now upon us, to uphold and pay it: Because men of ability have formerly, and of late, out of their piety, charity, and bounty freely given and legally settled Houses, Lands and Tithes upon ministers, out of their own proprieties and estates, which they lawfully might do; and moreover, when they did give, and settle that maintenance, they laid a curse upon those that should take it away (as Histories show fully.) The Miseries of Germany began (as we have before shown) with the denial of paying tithes: The Prince Elector Palatine took away tithes, which were so settled upon Ministers; he took them away to maintain wars, he lost all for near thirty years together: the Christian world is full of such examples, and in this Nation in private families: I shall only mention the sacrilegious practice of the late Bishops here (Archbishop Laud especially) who hindered the maintenance of Godly Ministers which was advanced by the buying in of Impropriations, which Godly people did purchase and bestow for the maintenance of such Ministers: Those Bishops destroyed that work and persecuted the Feoffees that were employed in it, and had ruined them, had not the Parliament come on: (See the History of this, in the History of Archbishop laud's Trial) But this was the threshold of the Prelate's ruin; they had a vial of wrath poured upon them, which makes them knaw their tongues for pain; They have since lost all, Honours, Maintenance, &c, CHAP. V. ALl this calls for some speedy means and remedies, to cure this Disease, to take away these Frauds, Wrongs and Oppressions. Humble Proposals for the Propagation of the Gospel, and touching the nature, lawfulness, and right of tithes have been incourged and received, from mean persons by the Higher Powers of late; for this cause of Minister's maintenance is a Gospel-cause, tending much to the Propagation thereof: It is a cause of public Interest, which all men have some Interest in, and are bound to promote. Joseph, though a slave in Egypt, made Proposals to a great King for the common good to keep off a Famine, and he found acceptance; I conceive the People-enslaved Ministers in England, have cause and inducements now to do the like, to keep off a spiritual famine, of the Word from all, and a temporal Famine, or want, from themselves. 1 Proposal. That no Tythe-payer may take, or carry away, any things tytheable before the Tythe-receiver have notice, when the things tytheable are ready to be tythed, so that the Tythe-receiver may see the tithes set out, if he will: if some expedient to this purpose, be not found out, the laws for tithes, or tytheing, are to little purpose. Before the Parliament, when the Ecclesiastical Courts and Laws were in being, tithes were justly paid: People durst not carry away their tithes; or any part of them, unless compounded for, or tythed out by the Tythe-receiver, or in his presence, or in the presence of his assign, or servant, who road about in harvest, and asked the Tythe-payers to have the tithe set out, who, knowing the danger, if they were sued in the Ecclesiastical Courts, and to prevent further trouble, would deal fairly & either bid the servant set out, & bough out the tithe himself, or else appoint him to come at such a time and see it set out: which seeing the tithe set out, by the Tythe-receiver, is a thing, just, reasonable, and possible: The law should be imp●rtiall to all parties; for them to see they have their own, and to be at liberty to in joy it, when they will; The Tythe-payers see they have their own, their nine parts, why should not the Tythe-receiver, who is the other party in this cause, see he hath his own, his tenth part or tithes, which are his propriety, and estate? It was one Proposal of the Officers of the Army, in August 1652: That the Laws which are unjust & unreasonable should be reform: This is an unjust and unreasonable defect in the recited Statute, for predial tithes, paid in kind, that one party should see he hath his own; the other having no power by law; to compel the Tythe-payer, to let him see he hath his own, his tithes; Is it not unjust, and unreasonable, that one party should divide and choose too, in the absence of the other party? as I have said, by law, none but the Tythe-payer hath to do, to set out the tithes, and may do it in the Tythe-receivers absence: If there were money due to the Tythe-payer, or goods to be divided between him and another, would the Tythe-payer think he were justly dealt with, if he were hindered from seeing the money told, or the goods divided? would he think that payment good, and put up the money, not knowing it were the sum, that was due to him? Tithes are as due, as money upon a Bond: The Customers suffer not Merchants to lad or unlade their goods without their knowledge; They will know what custom is due for them: Waiters are put a board to attend the Custom, the Ship-men have no power to shift off those waiters and lookers after Custom, and in their absence to convey away their goods, and pay what Custom they list. The Customers will not leave it to the conscience of those that should pay Custom, or leave it to them to account, and pay what custom they say is due, or are ready to prove, by witnesses chosen by themselves; The Customers have Waiters, and Witnesses of their own, to see that no goods be privately conveyed away, before the value, and deuce for Custom are known: But this intolerable charge of Tythe-waiters, or Looker's after tithes is in vain, or may be in vain, at the pleasure of the Tythe-payers, who have by law, power in their hands to keep the Tythe-receiver from seeing what the things tytheable are, and what tithes are due, as hath been demonstrated in Chap. 1. At this day in Ireland, the Tenant pays two rents for his corn, the one is the Landlords-rent, the other Tythe-rent: The tenth sheaf is paid for Tythe-rent, the third sheaf for Landlords-rent: The Tenant, that pays these two Rents, puts his corn first into a Reek or heap in the corn field, where it grew, and when he carrieth away the reek or heap, to his Hag-yard, or Stack-yard; He first sends for the Tythe-receiver and Landlord, or their assign; He dares not carry a sheaf, out of the field to his house, but first they see they have their due. They are not suffered to set cut these Rents themselves, or before witness of their own providing, as in England. 2 Proposal It is humbly conceived that Doctor Gauden is a fit man to be consulted with in this case: for that, he hath published lately a book entitled The Case of the Ministers maintenance by tithes, in which he affirmeth, That he knows how to make that Maintenance, as quiet and easy a Revenue as any in England. 3 Proposal That where rates of tithes are paid for land, by the acre, or for houses; The Rate-receiver may sue at Common law, and may have power to measure the acres, and enforce the Landlords or Tenants Lease in evidence: for who can swear the number of acres, but by admeasuring the land? 4 Proposal That a Law may be made for triple costs, as there is for triple damages for predial tithes substracted. 5 Proposal That Ministers heretofore put into sequestered Live may be taken into special consideration, and relieved by law, as Incumbents, according to the late Ordinance of his Highness, the L. Protector, for Ministers that shall hereafter be put into Sequestered Live, & according to the Ordinance for the popagation of the Gospel in Wales, whereby such Ministers are settled for life, as Incumbents, etc. 6 Proposal That it may not be left arbitrary to Justices of Peace to act, or not to act for the relief of Ministers in point of their maintenance. 7 Proposal It is humbly desired that some Order may be taken, how scandalous Parish-Blerks may be proceeded against and removed, and others put in their places, and receive the ancient deuce: for some Parishes, for their own ends, keep in bad ones, and some Parishes will not choose or have any such assistant to the Minister and people, whereby the public worship is prejudiced: The Parishioners in the mean time keeping to themselves the Ancient established revenue of that assistant: And questionless, (to save charges) would have no Minister also, if it were in their power. To conclude, I doubt not, but the Lord of the Harvest, that sends Labourers into his Vine-yard, will direct The Higher Powers so to relieve his oppressed Ministers, by law & justice, that they shall no longer cry out of violence, and spoil, fraud and wrong, acted against them, for want of Law and Justice; But that their maintenance shall no longer, no longer, be subject to such sharkings, and frauds: Then will Godly Ministers be encouraged in the work of the Lord (1 Chron. 31.4.) Then will their Labours be sweetened; Then will Demetrius, Tythe-short, and their fellow Craftsmen, be confounded, when they shall see, the hope of their unjust gain is gone: Then will the Devils Barns, be more empty; when the Tythe-robbers shall cease their villainies, having no liberty, nor opportunity, to defraud, and steal: Then will the people's causeless Gospel-hindering contentions with Ministers, about their detaining Minister's deuce, cease: when, by reason of Law, and Justice, they shall despair of impunity, and gain, but be certain of loss by their iniquity, which iniquity ceasing, contentions about it, will cease: Then will not Godly Ministers be any longer a Cheating-stocke, and thereby a derision, through poverty, sordid necessity, and contempt thereby: Then will they live comfortably, and not only be given to Hospitality, but be really hospital, and be an example to their flocks, in works of charity: Then, may they educate their children liberally, and follow their studies and callings quietly and constantly, without distraction about maintenance; Then, there is no doubt, but that faithful Ministers, being out of danger of revenge from ungodly people for their faithfulness in their Ministry, will exercise their Ministry, according to duty, boldly, and impartially without fear, or flattery, or daubing for filthy lucre; and will be free from the blood of all men: And then shall the Present Authority be truly styled; The Minister-protecting, and Gospel-propogating Authority, to all generations. FINIS.