Lawleſs Tythe-Robbers diſcovered, &c.
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 then ever audacious, and the violence of their oppreſſive carriage grown to that height and exceſſe, that it can no longer be endured, is known and felt by thouſands, which wickednes former Law-makers were unacquainted with; whoſe Laws are now out-plodded. It is then high-time to detect and ſet out their wickedneſſe 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 Tythes, is as followeth in the Statute of 2 Ed. 6.13. Every of the Kings Subjects ſhall from hence-forth truly and juſtly, without fraud, or guile, divide, ſet out, yield and pay, all manner of their prediall Tythes, in their proper kinde, as they ariſe and happen in ſuch manner and form, as hath been of right yielded and paid, within fourty years next before the making of this Act, or of right or cuſtome ought to have been paid: and that no perſon ſhall from hence-forth, take, or carry away any ſuch or like Tythes, which have been yielded and paid within the ſaid fourty years, or of right ought to have been paid in the place or places tytheable of the ſame, before he hath juſtly divided and ſet forth for tythe thereof, the tenth part of the ſame; or otherwiſe agreed for the ſame tythes, under the pain of forfeiture of treble value of the tythes ſo taken or carried away. And be it enacted by the Authority aforeſaid, that at all times whatſoever, as often as the ſaid prediall tythes ſhall be due at the tything time of the ſame, it to be lawfull for every party2 to whom any of the ſaid tythes ought to be paid, or his deputy or ſervant to view. and ſee their ſaid tythes 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 di•covery of theſ•frauds, I ſhall reduce them to three ſ•rts.
Firſt, the craft uſed before the tythe is ſet out, to keep the Tythe-receiver from ſeeing his tythes 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 vſe after the Tythes are ſet out.
Firſt, the frauds which unjuſt Tyth-payers uſe before any tythe is ſet out, to keep the Tythe-receiver from ſeeing his tythes juſtly ſet out. The ſubſtance of the recited Law is, That the Tythe-payer muſt ſet out his tythes truly and juſtly, and that he ſhall ſuffer the Tythe-receiver to ſee his tythe ſet out, and to take it away: But although the Law ſaith, he muſt ſuffer the Tythe-receiver to ſee his tythes ſet out: yet the Law ſaith not, no Tythe ſhall be ſet out, but in the preſence of the Tythe-receiver, or his aſſignes; or that before the Tythe 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 tythe 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 aſſignes to ſet out the tythe before what partial witneſs he pleaſeth to take, and to do this in the abſence of him to whom the tythes are due. The Tythe-payer and none elſe hath by law, to do with the ſetting out the tythe. The Tythe-payers uſually deny the Tythe-receiver to ſee his tythe ſet out. No mean one ſay, You ſhall ſee no tythe 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 tythe 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 aſſignes 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 tythe ſet out: but here is the freedom that the Tythe-payer hath by Law to keep the Tythe-receiver from ſeeing his tythe 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 tythes in the Tythe-receivers preſence) do watch and take their opportunity day or night, to carry away their things tytheable, and to leave what Tythes they liſt for the abſent Tythe-receiver: Now they are grown ſo cunning, that thereby they uſually leave ſome tythe to prevent the diſcovery of the true value ſubſtracted, which would eaſily be known if no tythe at all were left.
Now the ſhift uſed of purpoſe by the Tythe-payer to hinder the Tythe-receiver, from ſeeing his tythes ſet out, are commonly theſe:
Firſt, If the Tythe-receiver ſend to every farm, a waiter aboard the Ship (I meane a man to looke after his tythes which is growne now to an intolerable charge) yet if the farmer have more plow-lands then one, he will of purpoſe ſend out two or theee Carts at once into ſeverall 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 corne, yet if the Tythe-taker happen then to come there, they wil let the waggon or cart ſtand empty all the while the Tythe-receiver is preſent and wil go home empty, if he ſtay long.
3 If the Tythe-receiver wait all day upon the Reapers and Binders, the Tyth-payer will goe 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 Tythe 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 comming 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, &c.
5 If the Tythe-receiver deſire the Tythe-payer to ſet out the tythe preſently, or to tell him, when he ſhall come and ſee the tythe ſet out, or when he will tythe 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, &c. But the Tythe-payer takes his advantage hereupon to defraud the credulous Tythe-receiver, and before the time appointed carries his corn, hay, &c. and leaves what tythe he liſt: when a Tythe-payer was reproved for this fraud and breach of promiſe:•uſh, ſaid he, to his neightbour, do you thinke weel tel them when weel 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 complaine, they carry their come and leave what tythe 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 heape here and there diſorderly, and croſſe and croſſe 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 tythe heaps to be marked by a bough, or the like; after they are ſet out for tythes: The Tythe-payers thereupon take advantage in the Tythe-receivers abſence to eye and note out ſuch a heap for tythe 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 tythe, and left for tythe, though they had carried it away.
9 If the tythe be ſet out in the Tythe-receivers preſence in one part of a field, the Tythe-payer will not carry any corn where the tythe is ſet out, but carry where no tythe is ſet out, in the ſame field or in another field in the Tythe-receivers abſence, of purpoſe to cheat the Miniſter.
410 They pick out all the worſt and leaſt ſheaves, and heap them and ſet them out for tythe, 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, &c. 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 puls 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 litle tythe (not halfe) to blinde the buſineſſe; By this trick they can ſwear the tythe was truly ſet out and left.
12 They reape and binde nine ſhocks of great ſheaves and load them before the tenth be reaped or bound; and the Tythe-payer bids them reap or binde the tenth the next ſhocke for tythe; They know their maſters meaning, and that tenth ſhock ſhall not be halfe ſo good as the nine that were carried away: yet they are ready to ſweare the tythe 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 waggons & load & carry away the corn & leave here & there a little tythe: & by this trick, though they ſteal half the tythe, they can ſwear that the tenth was ſet out & marked out: for if all were marked out, the tenth heap or tythe muſt needs be marked.
The ſecond Order of frauds in Tything is, in the time of tything, though in the Tythe-receivers peſence.
1 They will bribe the Parſons ſervants to winke at their unjuſt tything and have defrauded much by this means.
2 They will not ſet out the tythe 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 ſheafe or heap as it is loaded, and the Pitcher and Loader of the corne being two to one Tythe-receiver do uſually outface him, and ſwear and ſtare, they have not taken up halfe 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 tythe 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, &c. in the beſt of the field and afterward they drive the waggon to a poore 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 ſhocke not being ſo good as one ſheafe 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 ſhocke they loaded.
4 If the tythe-receiver be ſuffered to ſee the corn tythed, before the tythe-payer begins to carry any of the things tytheable, the tythe 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 heape ſhall be the worst.
5 They put in ſome ſhocks more then ten ſheaves, and onely ten in the Tythe ſhock, as when tythe wooll is paid they pack two fleeces inſtead of one, for tythe-payer: but the Tythe-fleece is ſcarce one fleece.
5Now of late, theſe Tythe-craft-men begin a new trick in ſome place, againſt cuſtome, 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 tythe all the field over, to be a prey for Swine and Gleaners.
The third order of the frauds of Tything-craft is, after the tythe is ſet out to hinder the Tythe-receiver from enjoying it.
1 The wicked Tythe-payer will carry his 9 parts, firſt, while the tythe heaps are there, and if the tythe 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 tythe ſhock. And they uſe, after the tythe 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 tythe is ſet out in a field, and the Tythe-receiver abſent, if the reapers or binders be at work, and there be ſingle ſheaves abroad, not tythed, nor ſhocked: The Tythe-payer comming 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 tythe be ſet out, and left all night in the field, then the unjuſt Tythe-payer acts his deeds of darkneſs, of his black Art to the purpoſe: ſometimes they carry away the good tythe in the night, and fetch poor lodged weedy mouſe-ar'd 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 tythe 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 binde 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 tythes were ſet out in the Tythe-receivers preſence, This ſhock is too good for the Prieſt, & preſently in the day-time took away divers ſheaves of the ſhock, did unbinde 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 tythe, 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 neer the Farmers houſe that had ſet out the tythes in the day time.
5 Though the tythe 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 Waggon come immediately out of the field loaded wih his nine parts, and having a tythe-ſhock or two loaded amongſt his own: the tythe-payer will d•ny and ſwear that he loaded nor carried away any tythe; Did you ſee me or my man load the tythe? you muſt watch your corn; if thieves have been there while you have been at dinner, or in the night, look you after them: we are not bound to watch your tythe: ſo that the Tythe-receiver cannot prove that the Tythe-payer6 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 tythe, which poſſibly he cannot do at that time, his Waggon is loaded, it is night, &c. The Tythe-payer ſaith, he muſt manure his ground, and turns in his Cattel which ſpoil the tythe; this is uſual, enquire at Pluckly in Kent, &c.
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, &c. 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 tythe day and night after it is ſet out: One neer 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 toucht it for 100 pounds. And the falſe doctrine and practice againſt this ſetled maintenance hath ſo far prevailed, that people do openly call thoſe that gather the Tythes thieves and Rogues; and ſay, that they go thieving about to take mens corn, &c. 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 thieves, and thieves are juſtified.
And as the frauds and wrongs are uſed where tythes are paid in kinde; 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 Landlords 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, &c. and to cheat the Miniſter. There is one number in the Seff-book, an other in truth, and in the Land-lords Leaſe.
And in bargaines for things tytheable, as wood, fruit, &c. the true price is concealed, and thereby the Miniſter defrauded.
Theſe are the common frauds uſed and daily practiſed againſt Miniſters, as daily experience, wofull experience, deere bought experience, hath taught thouſands of Miniſters and Impropriators, who have paid very deare 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 tythe without fraud or guile: And therefore all theſe tricks will not gain him any thing, if he be ſued and made prove his tythe to be ſo ſet out, and left, and if he fail in that it will be a gain to the Miniſter who ſhall recover treble damages.
To this I anſwer; firſt, that if the Tythe-payer did not intend to defraud, why doth he uſe theſe or ſome of theſe tricks, to conceale his unjuſt manner of tything? 7&c. They that meane truly and juſtly, will (as much as in them lies) provide things honeſt in the ſight of all men; He that doth evill hates the light; that tithe-payer that of purpoſe endeavoureth to decline the ſeeing his tythe 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 tythes were never ſo unjuſtly ſet out and left: Ignorant and profane Atheiſts or malicious Enemies to the Miniſter are they that are the cheife witneſſes againſt the Miniſter; one that will trangreſſe 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 tythe, 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 ſonnes, ſervants, and neighbours, witneſſe for the juſtification of the wicked Tythe-payer, the principall occupier of the lands? and who can diſprove them, ſeeing all was done in the Tythe-receivers abſence, and ſome tythes left for him?
3 For the treble damages, If the tythe be not wholly deteined, or carried away, there is ſeldome or never any proof of the true value of the tythes ſubſtracted the which Tythe-receiver muſt prove the value of that which his ſervants never ſaw, and who can ſweare the number of acres without ſeeing them meaſured? So that for want of proof the treble damages; (if any be conjectured) come farre ſhort of the true ſingle value of the defrauded tythes.
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 tythes 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 loſſe or have ſuits of Law againſt two hundred perſons, to make them prove their juſt tything according to Law: In Equiry Courts, the Tythe-payer will ſweare any thing in his anſwer; He that makes no conſcience to be a thief, will make no bones to ſweare falſely; If triall at Law, the witneſſes are commonly, as you have heard; This is a ſad ſtreight a miniſter is in, either to loſe his tythes, 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 tythes 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 treble damages: yet it hath proved a damage to the Tythe-receiver to right himſelfe by the Statute of treble damages: For that the coſts are alwayes included in the damages: ſo that the coſts in journeys, Law-fees, &c. in every one of theſe hundred ſuites will come to more in value, then the treble damages which are given him: That in the end it will appear, that it had beene better for him to have loſt his hundred pounds in tythes, then to have ſued for it; unleſſe a Law be made for treble coſts as well as for treble damages.
CHAP. II.
ANd the frauds in tything and oppreſſion thereby are not only occaſioned by the defect of the Lawes for tythes, 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 tythes made in the year 1644, mentions that the Eccleſiaſticall Lawes and Courts being down, many take liberty thereupon to with-hold their tythes and duties; And to ſupply that defect that Ordinance was made for Juſtices of Peace to relieve thoſe that were wronged in their tythes: yet many Juſtices of Peace have, and doe utterly refuſe to act for the relief of oppreſſed Miniſters, by vertue of that Ordinance; ſome of them judge the ſetled Miniſters of the Church of England to be no Miniſters, or Antichriſtian ones, or they are againſt tythes and all ſetled Maintenance of Miniſters as Antichriſtian, unlawful, &c. Yet their eares are open to heare complaints againſt Miniſters; ſome of thoſe Juſtices have yeilded 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 inforce the witneſſes to appear, alledging that the Ordinance is only for ſummoning of witneſſes; And, to my knowledg, upon this occaſion the Miniſter hath loſt all. And the Juſtice refuſe to act by that Ordinance for Miniſters in ſequeſtred livings, becauſe the Ordinance that made ſuch Miniſters capable of reliefe 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; alledging that only Acts of Parliament are in force after the diſſolution of Parliaments, and that Ordinances are in force in Parliament time onely. And although there were ſome reliefe for oppreſſed Miniſters by the Honourable Committee for plundred Miniſters, eſpecially for thoſe in Sequeſtred Livings; yet not one farthing coſt allowed, after great charges, in journeyes, counſel, Solicitors, orders, &c. I heard a godly Miniſter of London ſay, that if a hundred ſubſtracted their dues, yet he could ſummon but ſix at once to that Committee, and that if thoſe ſix owed 405; The one halfe 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 rode by him. Looke how the Prieſts horſe eares 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 preſident 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 tythes, though it coſt him a hundred pounds; I pitty the poor Miniſter, who is not able to relieve himſelfe. But I wonder not that blinde zeale againſt the cauſe of tythe ſhould carry any to ſuch wayes of oppreſſion; And I know the great tythe-ſtealer of Eaſt-Kent got at leaſt 40 pound cleere by a verdict at Maidſtone Affizes in Kent, and many other examples there are of this kinde, and in other caſes touching illegall verdicts; Such Juries (in theſe dayes eſpecially) preſume to be9 Judges not only of the fact, but of law it ſelfe, making themſelves a Chancery, yea doing more then any Chancery Court would practice, going contrary to law and equity.
It is conceived to be high-time to think of ſome ſpeedy and eaſie way to bring Juries to a ſtrict and ſevere accompt for illegall verdicts, which are moſt crying oppreſſions; We ſhall need no Lawyers nor Lawes, nor Parliaments to make Laws, if Juries have the Law and equity in their arbitrary power.
Upon this accompt of defect of Law and Juſtice in point of Miniſters maintenance, no man need wonder at the increaſe of the fraudes 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 tythes of me but by Law, if they be your due, come by them by Law; They know the length of the foot of the Lawes too well.
CHAP. III.
ANd notwithſtanding all theſe Frauds, Wrongs, and Oppreſſions are ſo notorious in theſe men; Yet they ſtrengthen themſelves in their wickedneſſe; Not only through the defect of Law and Juſtice: but wax mad with reaſon, or in reaſoning for their wickedneſſe. They juſtify their covetous, wilful, malicious, unjuſt practiſes in this kinde, with Cavills and pretended objections againſt tythes, and all ſetled Maintenance of Miniſters, with all the ſubtilty that can be ſuggeſted unto them by that old Serpent, who changeth himſelfe into an Angell of light, that he may more plauſibly and powerfully, by his inſtruments, oppreſſe the faithfull Miniſters of the Goſpel, enemies to his Kingdome of darkneſſe, and thereby ſuppreſſe the Goſpel it ſelfe; Thoſe Cavills which I have found ſuggeſted to them by others, and which I have heard the Tythe-robbers alledge, I ſhall breifly name and anſwere, that thoſe Gain-ſayers and doers againſt truth & righteouſneſſe, may be convinced, if not by the Law of man, yet by the Law of God, and of reaſon and conſcience, orbe 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 Gods word, without compulſion by the coercive Lawes of men: Therefore magiſtrates ought not to inforce Miniſters maintenance in tythes or otherwiſe. This Cavill I finde in a Pamphlet (publiſhed by Mr. Charles Nicholls) called, the Hue and Crie after the Prieſts; In that book he prints expreſly, that miniſters maintenance ſetled by the Magiſtrate is unlawful, and none of Chriſts 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 tythes, and for any man, for all that either Lawes or Magiſtrates can command to pay any tythes, is a ſinne 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 under10 Chriſtian Magiſtrates: No tythes 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 ſetled times, in the time of David, Solomon, Ezechias? no tythes in Babylon, therefore no tythes after the return from Babylon; So though in the times of the Perſecution of the Church there were no tythes, or ſetled 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 adminiſtred about holy things, and made Acts & Laws to inforce it (2 Chron. 31.4. Nehem. 13.6.) So after the Apoſtles times, when Kingdomes and States became Chriſtian, miniſters were preſently provided for in a publique ſetled way of maintenance, as Hiſtories ſhew; which maintenance continues to this day in all Chriſtian Kingdomes and Nations, and in this Nation eſpecially; by Glebes, and tythes, and other ſetled duties: And indeed then, and only then is the Goſpell the glory of any Nation, when the Chriſtian Magiſtrate doth entertaine it, and ſet it up and uphold it by upholding and Maintaining the Miniſters and Miniſtery of it: And that glory is gone, if the magiſtrate own it not, or protect it not in the miniſtery of it; Such as Charles will not have the Church receive any advantage by the Civil magiſtrates becomming Chriſtians, which is confuted, (Iſa. 49.23. Pſal. 72.10, 11. Iſa. 60 10. Revel. 20.24.) Such magiſtrats are ſaid to be Nurſing fathers and mothers to the Church: Such fathers & mothers do not leave the childe to it ſelf, but do take care of it and nouriſh it. We read (Act. 9.31. ) when the Churches had reſt from perſecution, they were edified & multiplyed: and would it not be much more edified and multiplyed 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 mens 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 Gods 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 inforce 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 inforce it by coercive Lawes: 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 ſayes, They are Gods, ſhould move to more free, willing, cheerfull obedience, for conſcience ſake, (Rom. 13.5.1. Pet. 2.
2 Cavil. Charles (to animate people againſt Magiſtracie and Miniſtery) Prints expreſly, That tythes are an oppreſſion and a bondage, and that ſelling of Parſon ages is ſelling of poor mens labours, and that tythes are the peoples own eſtate.
Anſ. Its evident, that tythes are no bondage, or wrong: becauſe the paying of them is not one farthing charg to any man, rich, or poor in the whole Nation. The tythes neither belong to the State, nor to the Land-lord, nor Tenant of the Lands and Houſes11 where thoſe tythes ariſe, but they belong only to the Miniſter and Impropriator, as their right and propriety, as hath been proved before the Honourable Committee for Tythes, 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 tythes thereof went not to the State, but were ſequeſtred, and kept for the next Miniſter, to enjoy them. And Miniſters have actuall poſſeſſion given them, as free-holders, &, as freeholders, paid Subſidies, and ſued at law as freeholders. Its manifeſt, that the Purchaſers of lands and houſes, do not purchaſe the tythes 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 tythes 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 bin a conſideration had of this Rent-charge of tythes in all Purchaſes, Leaſes, &c. 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, then 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 tythes 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 Tythes, given and eſtabliſht by thoſe who have been Proprietors and Poſſeſſors of Lands and Houſes, and this eſtabliſhment hath been made and continued by Law and Cuſtome for many generations: as heretofore, and of late eſpecially, hath been proved by ancient Hiſtories and Records; and this ſettlement of Miniſters maintenance from good grounds, both from the Law and Goſpel alſo, which commands the liberal maintenance of Miniſters, ſuch a maintenance, at leaſt, as tythes amount unto, (Gal. 6.6. 1 Cor. 9.2. &c.) Notwithſtanding all this cleere demonſtration that tythes are none of the peoples owne; 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 Nicholls his falſe doctrine, touching the peoples right to tythes; So that many people count it their duty to detein their tythes, they think they do God and themſelves good ſervice, to cozen the Tythe-receiver what they can: I have heard divers ſay, It is no ſin to cozen the Parſon what they can, & upon this accompt they ſay with ſcorne and glorying, when they pay any tythes: We give the Prieſt (as they in ſcorne call the ſetled 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 tythes, which are no more theirs then a Legacie is the gift of an Executor, or a debt the gift of the debtor, or the rent the gift of the tenant to the Land-lord.
Anſw. 2 Such as Mr. Charles Nicholls are Oppreſſors of godly Miniſters by abetting the witholding of ſetled maintenance: and oppreſſors of people too, by cauſing them to be charged with coſts in Law for the iniquity, to which they intice them, and by drawing them from the orderly dependance upon their owne ſetled Paſtor; to be at charge in needleſſe journeyes, expences, loſſes, by neglect12 of Families at home, and by occaſioning them to be at need leſſe charges touching miniſters maintenance, when they may injoy a competent meanes of ſalvation under as able, nay, under a more able ſetled miniſtery, without, any charge at all.
Cavill 3 Mr. Charls, to prove tythes oppreſſion, ſaith that the Land-lord hath as much rent as the land is worth without tythes: therefore tythes are an oppreſſion: Anſwer, 1. If any ſuch Land-lord, the oppreſſion is from the Land-lord, from the Land-lords rent, not from the miniſter or Impropriator, or their Rent-charge of tythes, of which both the Land-lord and Farmer, the Buyer, and Seller knew before-hand, before they bargained. Anſwer 2. This plainly appeareth to be a quarrel pickt not only againſt tythes or tythe-rent, but againſt Landlords & Land-lords rent. I hope, I need not cry out to Land-lords to look about them, and to look after theſe levelling Paradoxes; which are vented by ſuch fiery ſpa•ks; as Charls againſt them, to ſet all in combuſtion, as heretofore in Germany, where, at firſt, a quarrell aroſe about tythes; It was affirmed, that the paying of tythes could not ſtand with their Chriſtian Liberty, which ſtayed not there, but the next that was oppoſed was Land-lords rent, And Tenants roſe up in armes againſt Land-lords, Gentry, Miniſtery; So that upon this occaſion ſix hundred thouſand were conſumed by Warre, by fire, and ſword (as that famous Hiſtorian Sleyden, and others teſtifie in the Hiſtories of thoſe times.) One neer me ſaid, if it were in his power he would ſheath his ſword in the bowells of all the Miniſters in England: And I heard him ſay, he deſired the ruine of all the Miniſters in England, and he knew not how to do it, but by ſtarving them out, by keeping away their tythes, and that was his end in detaining my tythes, and not to inrich himſelfe; he told me, he was willing to pay them to any body, ſave the Miniſter. It was lately affirmed, that fourty thouſand were ready to club down tythes
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 Plundred Miniſters ſitting in the next room; about his refuſing to pay his tythe: I heard it clamoured there, that neither Tythe-rent, nor Landlords rent ſhould ſtand long: And there is one Barber who ſtiles himſelf a Merchanttailer, who, a while ſince, p••nted a Pamphlet, intituled The ſtorming and total routing of tythes 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 non-ſenſe. That Pampheleter Prints in the ninth page of that paper theſe words; The Land-lord 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 Ring-leader in ruining of thouſands of Land-lords, Miniſters, and others that followed not•is pernicious wayes againſt Government, and true religion; He had fifteen wives, and came in the end to be hanged: for his ſeditious, rebellious and bloudy practices: Abad omen for Iheouran John, and for Maſter John Canne, who proclaims the publique ſetled Miniſters of England, Traitours by a roaring voice from the Temple of Bacchus, where ſuch Kannes are in uſe: but here we ſee the Land-lords, and the Miniſters are the joynt-marks, at which theſe Fire-locks13 levell in theſe dayes, 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 then probable, that Land-lords rent, 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 Lawes wee 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 mans right: Only the Lawes for Tythe-rent come farre ſhort in many circumſtances, as to the certainty of injoying tythe-rent, which notwithſtanding the preſent Laws, are ſubject to ſo many frauds and loſſes, that Land-lords rent of 200 pounds per annum is more certaine, and more ſure to purſe, then the Miniſters, or Impropriators of 400 pounds per annum in tythes: 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 prey on Land-lords rent alſo; Firſt the hedge, next will be the field; Firſt, the paring of the apple being gon, the apple it ſelf will not laſt long after; There being equal right in the people to either Rents, and they that take away the propriety of tythes, will doubtleſſe 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 Land-lords in England, that they are ſuch oppreſſors, as to exact and take as much rent of their Tenants or Farmers, as their Lands and Farmes are worth without tythes; when it is manifeſt, that thouſands of Farmers in England, above other Nations, have ſo good penny-worths, that they live plentifully, and get faire eſtates out of their Farmes, though they pay two rents, Land-lords rent, 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.
Cavill 4 Saints are againſt tythes; therefore tythes are not to be paid: Charles his words to this purpoſe are, Non-tythe-payers are Saints; honeſt men, people of God, true brethren, &c. Anſwer, I have read in the Catalogue of the Opinions, Errours, and Hereſies of theſe times, that ſome hold, that Saints are freed by Chriſt from all Lawes, Covenants, Vowes, paying of tythes, or debts: Such brethren as joyn to wrong others, are brethren in evill; Saint Paul calls ſuch falſe brethren: Are they not ſalſe that defraud their neighbours, that are thieves? Are they not falſe that pretend to pay all their tythes juſtly and truly; ſay, they have left their tythes juſtly and truly ſet out, yet, with Ananias and Saphira, keep back part, nay, half, nay, more than half, yet cunningly leaving ſome thyes to avoid the plain diſcoverie of the value? Saint Ananias, Saint Saphira, Saint Lyar, Saint Theef, Saint Thomas Tythe-ſhort, Saint Robert Robminiſter.
In the ſeventh Century of the Hiſtorie of the Church we read touching the corruption of thoſe times, amongſt three adminable things that fel out in that age; one was, that whoredom was canonized, 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 reall Hipocrites, who14 make Godlineſſe a cloake for their covetouſneſſe, maliciouſneſſe, &c. We ſhould ſerve God in holineſſe, and righteouſneſſe; not one without the other; The firſt thing in Godlineſſe is to do juſtice, (Mich. 6.8,) a religious Knave, is the worſt of men, as that Devill that changeth himſelfe into an angell of light, is the worſt of Devills; Ahab, and Jezabel, are become Saints on a ſudden; they are very devout, proclaime 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 & ruine 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 zeale in Religion in ſome, is how to cozen the Miniſter.
Anſ. 2 The godly may erre, their judgment, d•ctrine, & practice is no rule to others further, then they are followers of Chriſt: The greateſt hereticks have appeared to lead Saint-like lives, they have been accounted and canonized for Saints; we have woful preſidents at this time of ſuch Saints: I have heard ſuch Saints, extraordinary Profeſſors ſay, that to deteine their tythes 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, &c.
Anſwer, 3 Some are ſaid to be godly, having only a form of godlineſſe: but deny the power of godlineſs, covetous, proud having a form of godlineſs, (1 Tim. 3.1.)
Cavill 5 The Saints will pay no tythes, or any ſetled forced maintenance, becauſe they make ſcruple of conſcience, to pay it, they are conſcientious men; It goes againſt my conſcience to pay tythes, therefore Ile pay none; this is daily heard.
Anſwer 1 Many in the cauſe of Miniſters maintenance, make ſcruple out of pitifull weakneſſe, opinion, paſſion, ignorance, ſuperſtition, and prepoſterous zeale; I inſtance in Charles Nicholls, I appeal to all that ſhall read his recited Paper, and the forenamed Merchant-tailer, and the Kentiſh, Hartford-ſhire and other Petitions againſt tythes; Saint Paul himſelfe acknowledgeth this was his condition in his zealous acting; (Acts 26.9.) I verily thought with my ſelf that I ought to doe many things contrary to the name of Jeſus, &c. It was his opinion, and he afterwards acknowledgeth he did it ignorantly (1 Tim. 1.13.) Anſwer 2. Some pretend ſcruple to hide their malice againſt the Miniſtery it ſelfe, as they did who hired Judas to betray Chriſt, they made ſcruple to put the price of his bloud into the treaſury; He that deſired the ruine of the Miniſtery, before ſpoken of, ſaid he kept his tythes to ſtarve them out, becauſe he deſired their ruine, I heard him ſpeak it, and two more were preſent and heard it: And the moſt ſcrupulous in this matter, as Anabaptiſts, Browniſts, Hereticks of all ſorts, are profeſſed actors for the ruin•of the Publique ſetled Miniſtery in England.
Anſw. 3. Some pretend ſcruple to hide their covetouſneſs, and if ſcruple (whether pretended or real) were a ſufficient plea to exempt them from performāce of duty, eſpecially in money-matters, who would not make this plea to ſave charges? as the Levellers do ſcruple to pay Land-lords rent, for which they have many colourable Cavils, as many, and as fair ſeeming objections, as can be made againſt tythes; as no man ought to live on the ſweat of other mens brows. The earth hath he given to the ſons of men; The Saints muſt inherit the earth, Land-lords are no Saints, they are oppreſſors, proud, &c. Anſw. 4. Chriſt was ſcrupulous againſt all ſin, he was15 holy, harmleſs, &c. yet he made no ſcruple of Tythe-paying, (Matth. 23.22. ) and, more then 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 Caeſars, as well as to give unto God the things that are Gods; Tribute to whom tribute is due, Cuſtom to whom Cuſtome is due, (Rom. 13.)
Cavil 6 There is cauſe of this ſcruple: for tythes are a meer Jewiſh, Levitical maintenance, a Ceremonie: (This Charls affirms, and calls them the mouldy-bread of Tythes.) And therefore Tythes (as all other Levitical Ordinances, Types and Ceremonies) are ceaſed, and if we pay Tythes, 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 tythe, or tenth to eaſe them in this ſcruple. Nay, if we could be certain of the fifteenth in kinde without fraud, it would be ſome comfort, but reduce the tenths to the fifteenths, the unjuſt Tythe-payer will cozen and cheat as much, as when he pretended to pay his tenths. Anſw. 2 God that comanded tythes as maintenance for Miniſters, never repealed that law, never forbade paying of tythes: When tythes 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 tythes as a Goſpel maintenance; That the payment of them is therein aſſerted and warranted: The immediate Prophet before Goſpel-times ſpeaks for tythes, (Mal. 3.8. ) and calls non-tythe-payers, robbers of God: And Chriſt himſelf, who is the ſum of the Goſpell, when he was come into the world commended and comanded that duty of paying tythes (Mat. 23.23. ): As Paul, a Goſpel-Preacher immediately after Chriſts Aſcenſion, doth alſo preſs ſuch a maintenance for Goſpel-miniſters, as is agreeable to that maintenāce, 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 tythes of all good things, which is a way of maintenance that all the wit of Men & Angels cannot find out a more equall, juſt and reaſonable, which was firſt appointed by the Divine Wiſdome, who thereby ſtinted the niggardlineſſe of the people, and the Miniſters claimes to a certainty: And no other ſetled way can be found, which affords a proportion of that equity, and juſtice: whereby God teacheth men to live upon providence (Tythes being the fruits of divine pleaſure more or leſſe) as God is pleaſed to diſpence; And thereby the Miniſter to fare a like with the people in want, and abundance, in meane crops, and prizes, and in plentifull crops, and prizes; which intent of God in Miniſters 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 farre leſſe 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 tythes were a Ceremony, a••dow of things to come; let any ſhew, what the paying one in ten rather16 then one in nine, or of one in eleven did typifie, concerning Chriſt. Anſwer 5. Tythes were not paid, or payable to the Levitical Prieſt-hood only, or to thoſe of the Tribe of Levi only: For Levi himſelfe paid tythes in Abraham, who paid tythes 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 tythes now are paid, they are made a Ceremony and Complement, farre more in ſhew, and noiſe of words, ſuch a value, ſuch Lawes for tythes, &c. then the miniſter findes in ſubſtance, as it fared with the poore naked deſtitute man, of whom we read in Saint James his Epiſtle.
Cavil 7. The Apoſtle ſaith (Heb. 7.12.) For the Prieſt-hood being changed, there is alſo a neceſſity of the change of the law; That is, of the Law for the maintenance of the Prieſt-hood by tythes, &c. 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 Prieſt-hood: But it followes not from thence, that becauſe that Prieſt-hood, law and maintenance due to thoſe Leviticall Prieſts is aboliſhed by Chriſt, a Priest for ever after the Order of Melchiſedeck; to whom tythes were due, and paid by Abraham, before that law and Prieſt-hood inſtituted; therefore all tythes 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, tythes are ratified, as appurtenances to Chriſts everlaſting Prieſt-hood, 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 Mininiſters 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 Tythes? 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 enjoyned 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, &c. 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 publique 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 adjoyning; Then no man muſt harbour, entertain, invite, feaſt, or be liberal to a Goſpel-miniſter; becauſe the Iſraelites were enjoyned 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,17 in 1 Cor. Chap. 9. verſe 3, &c. cites 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, &c. This proves that Gods Commandements 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 heare God ſpeaking now in the language of the Old Teſtament, about this matter of Miniſters maintenance; he falls a ſcoffing at Gods Word cited from thence, Mal. 3.8. he blaſpheniouſly jeers at my citing that text, in the title page of my Book; called the Miniſters Hue and Cry: calls me a wandring Jew, half aſleep, and half aw•k, crying out, Will ye rob God, &c.
Cavil 8 There is cauſe of ſcruple about Tythes, for, Tythes are an antichriſtian Maintenance, therefore not to be paid by Chriſtians. Anſw. If by Antichriſtian be meant (as the word ſignifies) Tythes are againſt Chriſt, or contrary to Chriſt: I have ſhewed 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: Tythes 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 accompt, tythes 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 tythes are Popiſh, That is, that Tythes, as a maintenance for Goſpel Miniſters, are originally eſtabliſhed from the Pope of Rome (who is Antichriſt:) Tythes are not Antichriſtian in this reſpect alſo; if they be not againſt Chriſt, the Popes allowing of them cannot make them Antichriſtian; no more then the Popes praying makes prayer Antichriſtian; And (for further anſwer) it is plain by Hiſtorie, that Tythes were aſſerted as due to Goſpel Miniſters, long before the comming 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 Tythes; and yet they lived long before the reign of Antichriſt. Anſw. 3. It is the ſubtilty of the old Serpent to call light darkneſs, and darkneſs light, and to put ſweet for ſowre, and ſowre for ſweet, of purpoſe, to draw men from light of truth into darkneſs of errour, and to move them to diſtaſt the ſweet wayes of godlineſs, and to run into the bitter wayes of ſin and death; to fright people out of Chriſts wayes, by calling Chriſts wayes Antichriſtian ways, becauſe the Pope and Papiſts teach and practice thoſe wayes 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 Baptiſme, becauſe Papiſts mix oil, cream, &c. 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 childe be baptized with water, he only refuſed to ſuffer the childe to be baptized in thoſe Antichriſtian mixtures with the water: ſhould the mixt binding or Printing the Apocrypha, with the Canonical Scripture, in our Bibles, &c.18 cauſe us to reject the Scripture as Antichriſtian; Yet upon this accompt, 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 God-head, that there are two natures in Chriſt, Infant Baptiſme, That there is a Heaven or a Hell, all Antichriſtian forſooth. The ſetled Miniſters of England, Their Ordination, Maintenance, Parochial Congregations, all Antichriſtian? Our Synagogues or Temples called Churches, where we meet in publick to worſhip God, though never ſo dedecent, orderly kept, where Chriſt is truly worſhipped, Chriſtian Doctrine is truly taught; Chriſts Sacraments rightly adminiſtred, Chriſts Diſcipline duly executed, where no Antichriſtian Idolarous Monuments, no Antichriſtian doctrines or practices: yet our Churches are called the Bawdyhouſe of the Whore of Rome, Antichriſtian Steeple-houſes. The Bels, 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, Ʋniverſities, all antichriſtian: Latin the language of the Beaſt: The Magiſtracie antichriſtian; Our New-lights deſpiſe Government, and ſpeak evil of dignities, eſpecially if they be zealous advancers of Religion, as of Miniſters maintenance, &c. By this Bugbear noiſe of antichriſtian, many are ſcared into moſt antichriſtian wayes of Hereſie and Prophaneſs.
Cavil 9 It is antichriſtian to do contrary to Chriſts comand: 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, &c. Anſwer, 1 That command was to take no reward for miraculous Cures: Heal the ſick, cleanſe the Lepers, &c. Then comes in freely, ye have received freely give: But it is not ſpoken as to their miniſteriall 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 Lively-hood, and not obliged to preach the Goſpel freely; That recompence is called hire and wages not free benevolence: as due to Miniſters, as ſervants & Labourers and Souldiers wages, which is not arbitrary; They are worthy of double honour, &c. (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 yeares men uſe not to water them: miniſters now ſeldom do miracles; (Their greateſt Miracle is, that they dare undertake the miniſtery in theſe times, and be faithfull 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 doe miracles, and bodily cures, the people that uſually minde 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 plentifull 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 comand, which concerned the Apoſtles only, not a general and perpetual command, which concernes all Miniſters and Preachers; ſuch a command,19 as, Abraham to ſacrifice Iſaac: To the rich man in the Goſpel, to ſell all and give to the poore: If thoſe commands were generall to all, as that what I ſay unto you, I ſay unto all, watch; then all ſhould ſinne that did not ſacrifice their only ſonne, then all ſhould ſin, that did not ſell all they have and give it to the poore; And if this command of Chriſt to the Apoſtles when he ſent them to preach were general and perpetual, and did concerne all Miniſters, then 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, &c. coſt them labour and watching, and it was not of free coſt, it coſt their friends ſomething.
Cavill 10. Chriſt, and his Apoſtles did practiſe this command of Chriſt; they had no tythes, nor ſetled maintenance, and Paul, the Apoſtle had no tythes, nor ſetled 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 poore; not many rich (1 Cor. 1.); The poore receive the Goſpel, &c. And upon this accompt Paul would not be chargeable to the preſecuted poore 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 Leviticall Sacrifice, Altar, and Temple, were ſtanding, and living, not dead, or deadly; and therefore would not burthen the people with double paying of tythes, to pay tythes twice for one thing; One to the Leviticall 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 intangle himſelfe in worldly imployments, but to read, &c.
Anſwer 4 Paul laboured for ſpeciall ends, one was to ſtop the mouthes 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 ſeeme to abuſe his power in the Goſpel, in the opinion of thoſe covetous ones (1. Cor. 9.12) Anſwer 6. Paul. laboured to make himſelfe an example (2 Theſ. 3.7. ) to quel thoſe lazy buſi-bodies, that left their callings under colour of godlineſſe; Some to be hearers all the weeke 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 quel thoſe lazie 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 idely, 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 eſtates20 ſhould uſe handy crafts, &c. 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, &c. have their worke, 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 alwayes, but only at Corinth (Acts 18.23. ) and Paul upbraids the Corinths, 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 forbeare working, but would not abuſe his power in the Goſpel (1. Cor. 9.6. ) and when he ſpake to the Theſſalonions of his labours in this kinde, 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 toke maintenance when he thought fit (Phil. 4.16) and for finall anſwer to this Cavill; we finde that Saint Paul commandeth the liberall maintenance of Goſpel Miniſters (Gal. 6.6. ) and (which is more) he uſeth many arguments to perſwade that maintenance, from Scripture and reaſon (1. Cor. 9.3, &c.) ſo many arguments, and reaſonings, for Goſpel Miniſters liberall and certain maintenance, that may convince all gain-ſayers; and will riſe up in judgement againſt this crooked and perverſe generation of ſacrilegious robbers of Gods Miniſters, who are ſo farre from maintaining them, that they defraud them, of the maintenance, which is not at their charge; but it is by Gods providence, beſtowed, ſetled, and confirmed on them by others, without any charge to the preſent generation of men. And it is my belief, that Paul had a Prophetick ſpirit, and did forſee theſe times of with-holding 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 owne confeſſion) would not be chargeable to the poore Saints: But our ſetled Miniſters are very chargeable to the poore farmers and others: Anſwer 1. The poore if they had tytheable things were bound by Gods law, to pay the tythes thereof, and they brought their turtle doves, &c. according to their ability: Anſwer 2 The poore are bound to deal juſtly, as well as the rich, and in other things do pay dues, according to their proportion, as in Land-lords rent, Tribute, &c. Anſwer 3. The poore Farmer is not charged, by the Tythe-receiver; for the tythe which the Miniſter receives of the Farmer, is not the Farmers, but the Miniſter right and propriety, as is before manifeſted.
Cavil 12. The ſetled Miniſtery of England are all Antichriſtian Prieſts: Therefore no true Chriſtian ought to maintaine them. Anſwer 1. This Cavill about the Miniſters of England being antichriſtian hath bin fully anſwered long ſince, and that miniſtery vindicated from that aſperſion, and of late more eſpecially, in a book intituled, The vindication of the Presbyterian Government, and more lately, and more fully, in a book intituled, Jus Divinum Miniſterii Evangelii, &c: wherein that Miniſtery is proved to be truly Chriſtian, and no way antechriſtian: The calling of thoſe Miniſters from Chriſt; Their Ordination according to the word of Chriſt, their Doctrines and Administrations all Chriſtian: They abjure antichriſt,21 pray againſt Antichriſt, preach againſt Antichriſt, and againſt all his Antichriſtian doctrines, and practiſes, withſtood Antichriſt to the loſſe of their lives, by Martyrdom, under the tyranny of Antichriſt; Anſwer 2. They have the ſeal of their true Miniſtery by the converſion of many thouſand ſoules to Jeſus Chriſt, by opening, their eyes, and turning them from darkeneſſe 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 ſeale of the truth of his miniſtery: Anſw. 3. Who ever did read of true converſion (ordinarily) under a falſ miniſtery, or in a falſ Church? Anſwer 4. Where did thoſe that cry out againſt the publike ſetled Miniſtery of England as antichriſtians receive their converſion from ſinne to God? Where had they their eyes opened to turn from that, which they call antichriſtian darkeneſſe, to Chriſtian light, new light; which converſion they preſume to be wrought in them? Did they not receive it by, and from that miniſtery, which is now more reformed then before? and therefore more aſſurance of the preſence of Chriſt and his graces in, and with this miniſtery and thoſe Churches, which they call Antichriſtian.
Cavil 13 The Pope challengeth all things given to the Church, if we ſhould pay tythes, or rates, we ſhould pay them to the Pope; and thereby uphold antichriſt: Anſwer 1 The Pope claims tythes and other lawfull things; but his claime doth not take away their lawfulneſs in their own nature, no more then the Devils claim of Divine worſhip from Chriſt, doth diſanull the divine worſhip of God: Anſwer 2 Tythes are not paid in England to the Pope or Popiſh prieſts, but (as we have ſhewed) to the true Miniſters of Jeſus Chriſt; and to others, that have right to tythes, as their propriety.
Cavill 14 Setled maintenance is a note of a falſe prophet: This Cavill Charles Nicholls uſeth, in his title page: The Prieſts teach for hire (Micah 3.11.) They run greedily after the errour of Balaam for reward: Anſwer 1 The Prophet Micah ſpeaks of falſe teachers, that made the people to erre: 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 ſetled 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 joyneth them to preach true doctrine: and puniſheth, not rewardeth falſe teachers. Anſwer 2. Thoſe texts of Scripture, which Charles wreſteth, for his owne ends, againſt the publique ſetled, maintenance of Miniſters, may fitly be applyed to himſelf, that wilfully depends upon the reward of particular perſons, upon their free benevolence; ſuch as he are likely to runne after the reward of Balaam; to preach perverſe things, for filthy lucre ſake, to pleaſe and honour their benefactors, in their opinions, practices, &c. leaſt 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 therfore is no rule in times of peace, and proſperity, and plenty under a Chriſtian Magiſtracie: Anſwer 2. The Apoſtles had the eſtates of believers of ability laid at their22 feet to diſtribute them for the ſupport of Miniſters and people, in thoſe unſetled, perſecuting times: If the Apoſtles practice in times of perſecution, muſt be a rule for Miniſters maintenance in times, of the peace and proſperity of the Churches; then the peoples practice in thoſe times of the Apoſtles, ſhould be a rule to the people, now to ſell their houſes and lands, &c. and bring the price of them to the Miniſters. Anſwer 3. Will ſuch as now with-hold 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 almes, 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 ſetled 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, &c. are very unpleaſing to fleſh and blood. Anſwer 6. Experience ſhewes how godly Miniſters are maintained by free benevolence, where there is no ſetled publique maintenance; in many places, the godly are the pooreſt and feweſt; and we ſee many profeſſors charity is but cold; upon this accompt 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 ſetled Preaching of the Goſpel amongſt them, by able and painful Teachers: I ſay, upon this accompt many of thoſe Congregational Miniſters do not ſubſiſt onely by the contribution of their Congregations; but have publique ſetled 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 finde, That mans nature is variable, and peoples mindes 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 crucifie 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 finde no precept in the Goſpel for the paying of the tenth, or any other certain rate, therefore ile 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. Gods 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 ordain'd, that they which preach the Goſpel, ſhould live of the Goſpel, 1 Cor. 9.13, 14. This even ſo will ſatisfie this pretended Scruple or Objection, It proves a liberal, & certain ſetled maintenance for Goſpel Miniſters, by Tythes, Glebes, or otherwiſe. Even ſo, which even ſo Maſter Canne leaves out, when he cites this Scripture, in his lowd voice, and cry againſt the godly ſetled Miniſtery of England and their maintenance: although he could not but be convinced in conſcience that this is the ſcope of the Apoſtle,23 to ſhew that Goſpel Miniſters maintenance muſt be at a rate anſwerable, to that which thoſe injoyed, that did miniſter about the holy things of the temple: There is no commandement to vary or alter from the ſame certainty, and proportion: God ſhewing by this, even ſo, that he hath no leſſe care of Evangelicall, then Leviticall Miniſters, for their liberall certain ſetled maintenance, not by the will, bounty, and pleaſure of men, but by a certaine tenure, and eſtabliſhment from God: even ſo, &c.
Cavill 17 Is printed expreſly by Charles Nicholls, if people do not heare the Pariſh Prieſt, they need not pay him tythes or duties; Hence the Caviller ſaith, I do not hear the Prieſt, therefore I will pay him no tythes; if I reap none of his ſpiritual, he ſhall not reap my temporalls; 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 Nicholls and ſome others, to undo, and ruine all the Godly ſetled Miniſters of England, but to ſerve his own belly, to draw diſciples after him; Charles would have his ſtoln ſheep fat, and have good ſtore of wooll on their backs, ſuch ſheep are worth the drawing: if they pay the ſetled Miniſter no maintenance, they will be the better able to pay Charles: This is worſe then to rob Peter, to pay Paul: it is to rob Peter, and Paul too, to pay Charles, to pay Alexander the Copper-ſmith, to pay Diatrephes &c. But this aſſertion is become very taking; and prevails very much, to overthrow the ſetled Godly Miniſtery: Thus of old they that did runne before they were ſent did ſteale Gods word, every one from his Neighbour (Jer. 14.14. & 23.30) Diodate expoundes it, they fraudulently take upon them to preach the word, and ſteale 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 juſtifie his miniſtery, Anſwer 2 And this doctrine of Charles doth not only tend to the ruine of the Miniſtery, but to the loſſe of the ſoules of the people: for, upon this account, many will heare 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 prize tythes above their ſoules; Gaine is their chief godlineſſe; Anſwer 3. The people have no power to pay their tythes to whom they pleaſe; no more then to pay their Land-lords rent, or debts to whom they pleaſe. For the tythes are not the peoples own, to give or pay, where they pleaſe; They are not their own good things, their own temporall things. Anſwer 4. Upon this account thoſe that occupie 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 ſetled maintenance riſing out of thoſe lands, yet the greateſt part of the lands in many pariſhes is farmed by Out-dwellers:
Cavill 18 If the Miniſters would live as they ſhould doe, and preach, as they ſhould doe, no man would refuſe to pay them; they would pay them out of meer reverence to their worth: as the thieves, that ſtole Mr. Gilpins horſe when they heard it was the horſe of ſo holy a man, the thieves brought him his horſe again, and asked him forgiveneſs, &c. this objection I have heard, Anſwer 1 The moſt pious, able, painfull Miniſters, are moſt defrauded, by unconſcionable, prophane, people, only becauſe they are ſuch Miniſters: when illafected are truly paid: Chriſt himſelfe, who was holy, harmleſs, &c. was betrayed by Judas for lucre ſake:24 And Saint Paul, who led an examplary life, and preached better then any Miniſter now living, and could worke miracles, yet he ſuffered hunger and thirſt, and nakedneſs, had no abiding place, and was in perils of robbers, in perills of falſe brethren, and put to worke for his living (1 Cor. 4.7. 2 Cor. 11.26. &c.
Cavil 19 If tythes were put into a common treaſury, and more equally divided, by ſtipends, I would willingly pay tythes: A. 1. It would be a vaſt charg to gather tythes into a common treaſury, neither miniſter, nor people would be gainers by it; but that charge about collectors, treaſurers, journeys, attendance, muſt needs be loſſe to ſome: Anſw. 2 We ſee how it fares with the Miniſters of the reformed Churches beyond the ſeas, in Holland, Palatine, &c. The Proteſtant Princes have the tythes; the Miniſter a ſtipend, which is generally ſo mean; that the people, after they have paid their tythes to the State, are neceſſitated to add to the Miniſters maintenance, out of their owne eſtates: as it was here in the Biſhops time, before the Parliament, in many pariſhes; the people paid tythes to Non-reſidents, whoſe Curates were a burden to them beſides, yet theſe people, now the Biſhops Courts are down, not fearing the preſent lawes, doe refuſe to pay tythes only without any further charge to reſident, godly, painfull preachers: who keep houſe amongſt them, and beare the burthen of the pariſh, with them: In the Palatinate, before the ſword entred there, the Miniſters condition was ſuch, that a Peſant, or Yeoman, ſcorned to marry his daughter to a Miniſter; their ſervants were thought good enough for them; And how it fared in this kinde with famous Scultetus, is famous: And this was the immediate fore-runner 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, Citie, or Countrey, of the Miniſters deſerts, families, &c.
Cavill 20 Many do petition againſt tythes all the Nation over, therefore Ile pay none: Anſwer 1 This rather argues for tythes; 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 cryed 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 tythes meerly out of ignorance, opinion, paſſion, intereſt, for company, out of hatred to the Miniſtery it ſelfe, which they deſire to overthrow, but will not cry downe the Miniſtery in plain termes, but endeavour to bring their end to paſſe by unſetling miniſters maintenance, which would in a litle time deſtroy both maintenance, and miniſtery; One that came up to London to petition againſt tythes, being asked why he was ſo earneſt to have them down; he ſaid, He ſhould get 30 li. by the year, if tythes went down: but being convinced, that if tythes went down, his Land-lord would add his Tythe-rent to the Land-lords-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 doe evill. They muſt not ſo much as ſpeake in a cauſe to decline after many to wreſt judgement (Exod 23.3) it was the ſinne of unjuſt Pilate the Governour, who delivered innocent Chriſt to be crucified only upon petition, & clamour; and there25 was a law made by the Heathen Emperours, that no Chriſtian ſhould ſuffer for clamours of the people againſt them: Anſw. 5 Many Petitions have been made for tythes upon better grounds of Scripture and reaſon, then 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. Setled maintenance by tythes or otherwiſe, breeds contention: if there were no maintenance ſetled, there would be no contention, between Miniſter and People, no Law-ſuits, &c. which hinders the Goſpel. Anſwer 1. This might have been objected againſt Gods Law for tythes; that God had ſetled a contentious maintenance, which to ſay is Blaſphemy. 2 Contentions ariſe not out of the nature of tythes, but out of mens paſſions and infirmities: Thoſe that refuſe to pay tythes are the cauſe of the contention; they neceſſitate them, to whom tythes are due, to contend for their right, which is deteined from them: The Non-tythepayer, is the contentious perſon: The Tythe-receiver only defends himſelf, when he endevours 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, woful experience, that this forbearance hath hardened men to be more unrighteous, as ſoft fires harden ſome things; by bearing one injurie, wicked men are invited to do more injury: I know a Miniſter in Eſſex, that remitted about 20 pounds due to him, for ſome tythes 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 kinde. Anſw. 4. Any other ſetled maintenance, beſides tythes, 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 accomptable, 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. Tythes, and Rates are a maintenance ſubject to contention, by reaſon, that people are emboldened to detein them, through defect of law and juſtice: but if better lawes were made, and ſpeedy, and impartiall juſtice executed againſt that iniquity; ſo, that ſuch unjuſt men ſhall not only have cauſe utterly to deſpaire of impunity, and gaine; but be certaine of puniſhment, and loſs; they will be neceſſitated to leave of that Trade, which will undoe them, and is the only occaſion of the contention; and tythes will be found to be no contentious maintenance; Anſw. 6. The people by their lawleſſe contention, purpoſely endeavour an abolition by law, of their payment of Miniſters maintenance.
Cavil 22. Tythes will eaſe the land of taxes: There are ten thouſand Pariſhes in26 England, the tythes whereof will come to a vaſt ſumme: Anſwer 1 We muſt not doe evill 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, Land-lords-rent would eaſe the States, in taxes, which ſhould rather be born by any other revenue, then by the Revenue of Miniſters; we finde in Scripture that the Prieſts lands in Egypt were not ſold, in time of extremity, when other lands were ſold.
Cavill 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 covetouſneſſe, 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.
Cavill 24 Tythes intangle Miniſters in the world, and diſtract them in their Studies, callings, duties, &c. Anſwer 1. Miniſters of old looked after their livelyhood: Anſwer 2 Miniſters ſetvants look after their tythes: Anſwer 3. There is diſtraction in rates, it is found by experience that it is bad tything out of peoples purſes, though the rate be never ſo low, in compariſon of the tythe in kinde, yet journey after journey to men of ability, ſtill excuſe upon excuſe, and in the end, after divers yeares forbearance, the Miniſter is forced to goe to law, or loſe all; if more particular lawes for tythes inkinde, they would trouble leſſe then rate, or ſtipend; and tythes 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 write from thence what weariſome, and fruſtrate journeyes have Miniſters made for their ſtipends, long after they have been due, Theſe Northerne 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. Tythes and a ſetled maintenance keeps up an idle miniſtry: Anſwer 1. This is objected againſt Gods proceedings, who ſetled tythes and certain maintenance for his Miniſters of old. Anſwer 2 Idle miniſters are to be thruſt out, like droanes; he that will not work, ſhould not eat, only the labourer (not the loyterer) is worthy of his hire: Anſwer 3 If the labourers wages be arbitrary, he is commonly leſſe induſtrious; he knowes not what he ſhall have; and (if he be conſciencious) his certaine good reward will make him more induſtrious; This is Saint Pauls 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 Gods 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 tythes.
Cavill 27 The Miniſter would be too rich, if all his tythes were truly paid him: Anſwer. Compare Miniſters maintenance now with the maintenance, which God ſetled upon Miniſters in Iſrael: They had forty eight cities, with their Villages,27 Suburbs, and Fields (Numb. 35.) beſides tythes, offerings, &c. Shall the Miniſtery 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, tythes, &c. ſetled without any charge to the preſent people of the Nation, for the maintenance of ſuch Miniſters?
Cavil. 28 The Souldiers (whom God hath owned in theſe times) are againſt tythes: Anſwer 1. It is ſtrange that Souldiers ſhould be againſt paying tythes, ſeeing the first tythes that ever were paid, that we read of, were paid by a Souldter by Abraham, the Father of the faithful, at his victorious returne, he paid tythes of his ſpoils, and he paid tythes of all; and he paid them to the firſt Miniſter we read of (Gen 14. Heb. 7.) which act of Abraham, all that profeſſe themſelves the children of Abraham, by faith, are to conſider of, eſpecially Souldiers: Anſwer 2 Souldiers live not upon benevolence, they have a certaine pay, certaine wages (Luke 3. 1 Cor. 9.) Their Army Chaplaines live not upon benevolence, but have a certain liberall maintenance, a forced maintenance, out of taxes; Now the word of God ſhewes that Miniſters are Souldiers, they are all Officers, and therefore, are to have a liberall certaine 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 lawfulneſſe of tythes; as the maintenance of Goſpel Miniſters, we have ſeen before. Anſwer 4 It is not the judgement of all Souldiers, many Souldiers are of another judgement, men of that Calling, Eminent for Wiſdom, Valour, Place, and Authority: Anſwer 5 Suppoſe all Souldiers were againſt us, for doing that which is our duty; we are not to ſin out of feare of fire or ſword, he that will ſave his life, ſhall looſe it: Feare not them that can kill the body: but feare him that can kill both body, and ſoul.
Cavil 29. I never promiſed the Prieſt to pay him, therefore I will pay him as litle as I can: This cavil hath ſatisfied the litle 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 juſtifie the neglect of it; every duty of holineſſe, righreouſneſſe, and ſobriety may be excuſed upon this account, I never promiſed to pay exciſe, cuſtome, I never promiſed not to rob ſuch a man, this is a thin cloak for iniquity, and covetouſneſſe.
Cavil. 30. Lands and houſes were worth but litle when tythes wer firſt ſetled, I am content to pay my Tythe-rent, after the value of the land, when tythes were firſt ſetled; but now land is worth treble the value: Anſwer. Tythes were at firſt ſetled 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, tels mony, keeps a Rate-booke, mindes his tythes: Miniſters ſhould minde their book, and Sermons, and God wil provide for them, they ſhould truſt God, &c. Anſwer 1. This accuſation of the covetous Tythe-ſtealer, is only to hide his own covetouſneſſe, and iniquity, to cry whore firſt. Anſw. 2. This is a common and falfe flander raiſed againſt the beſt Miniſters, if they looke after and demand their owne, their due, preſently they are covetous, none covetous in the Pariſh but the Prieſt for ſooth:28 Anſwer 3. Miniſters are not Angels to live without food, and rayment; they ought to provide for themſelves, and their families, and may do it without covetouſneſſe, or the juſt imputation of covetouſneſſe, for ſo doing, as other men that are not Preachers, when they looke after their rents, debts, dues, &c. are not to be accounted covetous therfore; The Apoſtle, ſpeaking of Miniſters, tels us that in the calling, and office of the Miniſtery, in the work of the Miniſtery, of the ſower going out to ſowe, the word, that ſowing is ſowing in hope, even of temporall things (1 Cor. 9.10, 11.) Anſ. 4. Miniſters (as all other men) muſt truſt in God, and pray to God, and depend upon Gods 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 meanes, to get their daily bread, and to provide for their families
Cavill 32 I would pay the Prieſt juſtly, if he would let me ſet out his tythe, for him, by my ſelfe 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 meer 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 tythe in the preſence of thoſe ſervants, that he may leave what tythe he liſt, in their abſence: Amſwer 2. If the Tythe-receivers ſervants attend not to ſee the tythe 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 tythes are, ſhould by himſelf, or his aſſignes, 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 ſuſpition, and contention,
Cavil 33 I do not believe tythes 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 doe 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, &c. Therefore I deſire to be excuſed: Anſwer 3. This is rather wilfulneſs, then not believing, they will not believe that tythes are due, they will not be perſwaded, &c.
Cavil. 34 If the Prieſt would take the tenth childe in the Pariſh and keepe it, I would thinke it equall to pay the tenth, the tythe of other things to him: Anſwer 1 God never appointed his Miniſters to whom he appointed tythes, that they ſhould upon that condition, take and keep the tenth childe. Anſwer 2 Gods proviſion for his Miniſters, which the Scripture holds forth, is for their Livelihood and maintenance, not for their hinderance and charge: Anſwer 3 Miniſters beare their proportion in parochiall charges for the relief of poor children, &c.
Cavil 35 We have gifted men enough, that will preach for nothing, that will maintain themſelves, and therefore we need not pay tythes: 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 owne conceipts, and of meer bold fancie undertake to preach publiquely, as experiēce ſhews, they may have good affections: but are not able to divide the word29 aright, but ſpeak only good