A New Discovery of Personal Tithes

APPROBATIO.

HVnc Librum de DECIMIS PERSONALIBVS, à CORNELIO BVRGES Regiae Majestati à Sacris editum, perlegit, expendit, & vt Pium, Orthodoxum, Vtilemque, approbavit

READER, Some Aduertisements.

1. REade All, or read nothing.

2. Pardon me that I take not up that Principal Weapon of this Warfare: viz. Ius Diuinum My Betters have often done that; but, Heu! (such is the hardness of men's hearts,) with a Satis parum of fruit.

3. To that Tenet J subscribe affirmatively, ex animo: but with Cautions. 1. Tithes (J say not, ought else) are due by Divine Right to Ministers of the Gospel. 2. I never was, nor (J think) ever shall be of opinion, that, All Tithes within such, or such a circuit of Ground, now by Positiue Law made but one Parish, are absolutely, and without all exception, due by Divine Right to the Person of one single Incūbent there, but to the Church, in whose name he receiveth them.

4. The Reason of forbearing that Argument, he •• , is bec • use Joam to deal with men, that else would complain of Begging the Question, and that I dispute ex non concessis. No disputation will yield good fruit, unless some Principles undeniable on all bands be held, to cut off all Difficulties which all Disputes will produce.

5. Though the Conclusion undertaken be properly mine, • et the Premises be as properly theirs with whom J dispute. Nothing therefore can be left to denial, unless the Conclusion And who so denieth that, denies obedience both to God and Man. This (being proved) will take off the aspersion of Covetousness, unjustly cast upon the Minister by the Mammonists; and justly cause it to fall upon himself for denying payment of what the Laws both of God and Man have made due to his Pastor; wherein he breaks six of the Ten Commandments at once: viz. The second Commandment, by Sacrilege: the fourth Commandment, by denying the means of sanctifying the Sabbath: the fifth Commandment, by dishonoring his Spiritual Father: the sixth Commandment, by causing (as much as in him lies) his Minister to perish for want of maintenance: the eighth Commandment, by robbing the Minister of his just dues: and the ninth Commandment, by bearing false witness against his neighbor; unjustly accusing the Minister of Covetousness, which is indeed the proper sin of himself.

6. If J be not so press; and Sylogisticall throughout, as some may expect, consider that J intended this Work principally to Uulgar Capacities, whom it chiefly concerns. And in dealing with such, the Palme is better thē the Fist.

7. Jn stead of Incumbent, J often use the word, Pastor; not as better, simply, or including therein an Episcopal Authority; but as more distinct, facile, and plain to some Understandings that J write unto.

8. If the Distinction of Personal, and Prediall Tithes, seem heathen Greek, take notice; That Predial Tythes are such as arise out of the Ground; as Corn, Hay, increase of all kinds of Cattle, Fowls, Fruit, &c. Personal, are such as grow out of the lawful gains gotten by any Art, Science, Manual Occupation, Trade, Merchandize, &c. of any Person or Persons.

9. That J fall to Moo • ing, and exposition of S •• tutes, is not wholly incongruous. The Subject is mixed. And though the Roofe, and Battlements be of Law, yet the Ground-cell, and Foundation is Divinity. No man can finish this Pile, without some help from both Professions. The Lawyer cannot do it, without encroachmēt upon our ground: Nor we, without the like upon His. He hath begun; therefore let him allow the same liberty to us, to build a Buttress or two upon his Free-hold, the better to support our Building.

Why not? Have not Two Great Masters, one of Civil, the other of C • non Law, amongst us, taken their pleasure in our Walkes, and handled Subjects merely Theological? Such Precedents will, J hope, make that pardonable to me, which some think, is matter of Praise to them. Yes: (will you say,) if you come off well. Go to, then. Consider, and Censure:

Some letters and points omitted, transplaced, • t redundant; correct, or pardon.

A NEW DISCOVERY OF PERSONAL TITHES, Prouing that EVERY Person within this Kingdom using any Profession, Art, Science, Handy craft, Trade, Merchandizing, Buying, Selling, Bartering any Goods, Wares, or Commodities by which any lawful Gaines are made, is bound both in Conscience, and by the Laws of this Realm, to pay the TENTH part of all his clear Gaines (as a due debt) to his Pastor, Unless some, special Custom, Composition, or Priuiledge of the Place where he lives allowed by Law, exempt him therefrom.

BEfore I enter upon the proof of this Proposition, I crave leave to profess 3. things.

1. That my Purpose is not here to fall upon that Question, (for I make no Question of it) Whether Tithes be perpetually due to the Ministers of the Gospel by Divine Right: nor to fetch any Argument from that Tenet to prove the point in hand.

2. That I intend not the Justification, in point of equity, of Persons laying hold on the Customs, or Privileges of the Places where they live, to pay little, or nothing: but to leave their practices and consciences to be maintained by such as are better able to plead for them, and are willing to be entertained in so doubtful a Cause.

3. That my chief aim in this discourse is (if it be possible) to pull sundry honest Christians out of a damnable sin, whereof perhaps many of them never dreamed; which knowing and considering of as I do, I hold myself bound in conscience to make Discouery thereof unto them, least I be guilty of their sin, and their blood.

The Arguments on which the Proposition undertaken is originally grounded, (as I intend now to confirm it,) are drawn from these places of Scripture.

From these Scriptures I deduce these four vndenia • le Conclusions: viz.

1. That God hath as carefully and firmly taken order for the maintenance of the Ministers of the Gospel, as ever he did for the Priests & Levites in time of the Law.

2. That their maintenance must arise from, and out of whatsoever the People have by the blessing of God upon their labors in their several Callings.

3. That every man instructed must communicate to his Teacher; be the instructed man's Calling what it will; and that what he communicates in this kind is not a free Contribution, or voluntary bounty, but a due debt imposed by God.

4. That God having thus provided for the maintenance of the Minister, Every Pastor performing his duty, may justly demand a portion of every man's goods whom he instructeth; and that as his proper Portion appointed by God himself.

No intelligent man durst absolutely to deny any of these Conclusions, for substance yet there are who make some Q •• stions, touching some pa • ticulars in them, as they are laid for grounds proving a Tenth due from men using Trade, &c.

The Questions are Two: viz.

1. Whether, if a Minister have a Competencie out of Praediall Tythes: that is, of the Profits of the Ground; A Man that lines by Trading be bound of due to give as much to his Minister, as if he had not such a Competencie from other men? And

2. If every Trades-man must pay; then, whether he be bound to pay a Tenth?

These Questions will be best resolved to every man's capacity and satisfaction, by propounding and answering the usual Plea's which men make against my Position.

If a Minister (say some) have a Competent living out of Praediall Tithes in kind, or by Composition, which he may recover by Law from such as deal in Husbandry; then, such as live upon Trade, or other Bargaining, or Manu-facture are not bound to allow him more then the Laws of the Kingdom enjoin; or at least, not so much as otherwise they ought.

[Answer.] To this I answer thus: viz.

1. Because I desire to avoid wrangling and tedious disputes, and to convince these men by their own Rules; I will, for the present, admit, that, if the Minister have a Competencie arising from Tithes, Tradesmen are not bound to make a larger allowance then the Laws of the Realm bind them unto.

2. Yet, so much as the Laws require of them they must pay, what ever his maintenance arising from others amounteth unto.

This last appears thus:

1. The Apostle saith, Let him that is taught out of the Word, &c. that is, every He, none excepted; unless him that hath nothing to give. If others give, and I think by that to be excused, how do I obey the Apostles precept which excludes none but them that have nothing? If a Minister might not require maintenance of the Tradesman, because he hath enough from others in Praediall Tithes, it would follow, that if he had a Temporal estate of his own sufficient to maintain him, he could not justly demand any Tithes at all: which I think no man (well in his wits) would affirm. For, Who goeth a warfare at any time at his own charge? Who planteth a Vine-yard, and eateth not of the fruit thereof? or who feedeth a flock, and eateth not of the milk of the flock? 1. Cor. 9.7. Every man therefore that is made partaker of the Ministers Spirituals, must render Carnals. verse 11.

2. Admit a Minister may by Law recover a maintenance without the Tenth of the Tradesmans increase, yet it often happens that a good part of his means (if he live in a Country Town especially) ariseth out of the small Tithes and Oblations of the Poor who stand in daily need of Alms from him. In this case, will any conscionable Christian think, that so long as such petty dues may be by Law extorted from the poor, he should rather take this course to be maintained, then call to rich Tradesmen for such a portion as may fill up that Competencie which is made up by the Poor? Should not those Tradesmen hold themselves bound to yield him so much as that he may rather be able to give to the poor, then enforced to pull the poor man's bread out of his belly, to save the rich man's purse?

3. Suppose such as use husbandry should think (as our Taske-masters would persuade them) that in respect of the liberty of conscience and equity, they are free by God's word from paying Tithes, and so deny payment, as the Tradesman doth: how then shall the Minister have his Competencie raised?

I know to this it will be answered by a Tradesman: That the Parliament which hath absolute power to set a part what portion it will of all men's goods for any public good use, hath ordained that Hu • bandmen shall yield the Tenth of their increase to the Minister for his service: and therefore if the Husbandman deny payment, there is Law to compel him.

True. But of him that would have us plead Law to the Husbandman, I demand; whether he do think that Law of the Kingdom to be equal, and such as the Husbandman is bound in Conscience to obey, considering that He seeth Tradesmen (who sometimes with more ease get as much in one year, as he with all his toil can gather in five,) take themselves not to be strictly bound to pay anything, (as Tradesmen,) but two pence at Easter? And if we urge them with conscience, they retort a captious answer; Why should not the Magistrates conscience (who hath left us at liberty,) be as good as yours? One of these two therefore, must be yielded and confessed; Either the Law of the Land is just, and good; or else unjust, and without warrant from the Word of God.

First, If the Law be granted to be just, and good in this case, then it must be confessed that there is both equity, and strength sufficient to bind the Husbandman in conscience to submit unto it; and to assure the Minister that he may with a good conscience press it upon him, if he refuse it. If there be any equity in this Law (as doubtless there is) it consisteth in this, that Spirituals do well deserve Carnals. And if this equity will hold to bind the Husbandman when God blesseth him with any increase, let any man show me a reason, why he should pay so much of his Carnals for Spirituals; and not the Tradesman whom God hath blessed with Carnals as much, or more.

If it be said, the Husbandman hath Tithes; and the Trades-man, none. This alters not the case in respect of equity of maintaining the Pastor, in the Tradesmans judgment: for he doth not hold Tithes to be the proper constant and fittest maintenance of the Ministers of the Gospel, by Divine Right; but strikes in with some of the Papists, and Brownists and some others of late time (who, herein, dance all in a ring;) and avoucheth that they are now due upon another ground, namely by virtue of the Magistrates Law only. Therefore the Tradesman cannot plead this as a reason why in equity the Husbandman should pay so much, and himself so little.

The equity of the Magistrates Law in respect of the Husbandman is this. He partakes of God's blessing in Temporals, therefore it is just he should return unto God a portion thereof for the maintenance of his Ministers who sow unto him Spirituals. Now, this cannot but reach all sorts of men, so blessed, as well as any. Unto all men it is commanded, Honor God with thy substance, and with the first fruits of all thine increase. Prov. 3.9. If any think, this held only in the time of the Law, or that it was spoken only to Husbandmen, let him consider whether this agreeth not in all points to the Apostles peremptory command more then once pressed in the Gospel, and that not to Husbandmen, but to Citizens and Tradesmen in the Cities of Corinth, and Galatia.

But the Tradesman will yet plead, that his Profession is Casuall, and he often loseth more then he gets? Will the Minister bear a part in his losses?

I answer that this Plea becomes none but an earthworme who makes Mammon his God.

For, 1. So doth the Husbandman lose too, and yet pays Tythes of what remains: which if he should not do, the Minister might starve for want of a maintenance justly due unto him by the Tradesmans Rule. So courteous some of out hot Professors are to their Pastors whom they admire most.

2. When the Tradesman hath no increase, he is not bound to pay increase: yet is he still (if he be able) bound to help maintain his Minister, if he be in want. This he is tied unto by the Rule of Charity.

3. The Minister when he calls for his gains, doth not call for them in the way of Partner-ship; but as a due for Spirituals, enjoined by Law according to the Word. Although the Law hath set out no allowance of anything but of increase, yet the Minister takes no less pains when the Tradesman looseth, then when he gaineth. And will the bountiful Tradesmā think it equity, not only (in that case) to let the Minister work for nothing; but require him to pay back part of his just dues formerly received; or else resolve not to pay him of his gains at all: If the Tradesman sink follow in his estate that he cannot subsist, the Minister (I deny not) if he be able, is bound to help him; or otherwise, to stir up others to supply the necessities of their decayed Brother.

4. The Minister hath warrant from the word to partake of his increase: but the Tradesman hath no warrant from God o • man to indent with his Pastor to bear part of his losses, if he will receive a part of his gains. The laborer is worthy of his hire. And Spirituals deserve Carnals whether a man be a gainer or not. And he that is of a contrary opinion, I know not wherein (unless in outward profession, which makes the matter worse,) he differs from a Gadarine who loves a good heard of swine better then Christ. If they loose their swine, let Christ go seek his maintenance where he can get it.

Secondly, If the Laws of the Kingdom; enacted by the King and the whole Body of the Kingdom, be not just and agreeable to the Word in binding the Husbandman to payment of Tithes, How can a Minister with a good conscience lay hold on it for his maintenance from the Husb • ndman, so as not to need the Tradesmans help? How can the Tradesmen stand still & look on their poor Brother too heavy laden, & they ( Pharisee like) not stoop to ease him with one of their fingers? How can they advise, and put their Minister to sue Husbandmen for Tithes, so as to carue out his whole maintenance out of their estates, and the mean while themselves suppose they are not in justice bound to do anything; or not to pay in proportion half so much as the others: and that which they do, must be proclaimed and accounted, not a due, or just payment, b •• a free Contributiō, a gift, a benevolence which they hold themselves no way bound unto? This is neither agreeable to Religion, nor conscience, nor Law, nor humanity: and it would better befit an Atheist, then a Christian.

Thus of the first main Plea which Tradesmen urge to prove thenselves not bound to pay anything (above their 2. d.) for their gains in Trading as a due, where the Pastor hath a maintenance out of other men's Pradiall Tithes.

But now, suppose the Tradesman convinced that he must pay proportionably to others; yet How can it be proved to him who denieth Tithes to be now due by Divine Right, that he is bound in conscience to pay the Tenth part of all his clear gains?

He will plead, I give as much and more then the Law enjoineth: as much as I am well able to spare: more then many, worth five of me, do allow: as much as I suppose myself bound in conscience to give: and more then my Pastor can in strictness require, or recover.

[Answer.] To this I answer. That every man's conscience may stand upon a firm ground, it must be guided in everything by a sure Rule. The Rule in this particular, is either the express Word of God; or else the Established Law of the Kingdom wherein a man lives, to which (if it contradict not the Divine Law of God himself,) every person is bound to conform, as unto the Lord, and that under pain of damnation. He that lives in a well governed State must not walk by the guide of his own fancy, and conceit, or by the Opinions of some Good men, or by the practice of such as are behind him in estate, and eminent for profession of Religion: but he must keep to his Rule, or he damnably sinneth. A good conscience, finding such controversy about the Ministers Portion, will sooner suspect his own heart of covetousness, then his Pastors; especially if the Pastor be one that performeth his duty. Nor will he take liberty to suspend his payment till the Title be cleared: but knowing something he must do, (yet ignorant, how much;) he will rather give too much, then too little, for fear of ensnaring his conscience. And, if there be any Rule, he will follow it to an hair, what ever it cost him, rather then hazard the peace of his heart.

Suppose a man to be perplexed in conscience about this point. He sees a Portion of all his goods is due by God's Command; nor can he have any color of Reason, to deny, or evade it. Yet, for the definite Quantitie he can find no order, taken in all the New Testament, whether it be there to be found, or not. This he knows; Tithes were once paid not only to Levi, but by Levi in the loins of Abraham and Jacob. And if God had not commanded this as a duty: yet those holy Patriarchs thought it their duty to do as much voluntarily, for the blessings of God received. Those Tithes had nothing to do with Leuies Priesthood, no reference to it, no dependence on it. Thence a tender conscience may justly thus reason the case. Though some men hold Tithes to be no longer due then Leuies Priesthood endured, and peremptorily deny that before Levi any Tithes were paid by command from God; yet I fi •• e they were paid, and accepted: Since men cannot agree touching every man's particular duty herein, and that Holy men (before Levi) though they had (as it seems to me) no express Rule did pay the Tenth of all; whether shall I fly in this my distress to pacify and settle my Conscience for time past, and to guide it safely for time to come? If there were from the beginning no particular diu ne Rule, nor at this present there were any such, for the Quantitie due; yet if I were left to mine own discretion, can I have better Presidents then two such Patriarchs before the Levitical Law? Or may I safely, (notwithstanding those examples, and the judgment of the whole Church of Christ for above a thousand years,) govern myself by the Laws of the State in which I live?

I ask now, in the Name of God, how I, or any Man else should satisfy and resolve this man's Conscience in such a perplexity? Will you have me to say unto him, as the bloody Priests to Judas; What is that to us? Look thou to that? Shall I tell him, You were best keep your money till you see all men agree herein among themselves; when he is tortured in soul out of fear he hath detained it too long already? Or shall I bid him use his own discretion, and to give what he thinks in Conscience he is well able to spare, • nd ought to give? This is cold comfort: poor relief. He is almost at his wits end for trusting so much to his own discretion already. This is the ground of his trouble, that he hath followed his own corrupt heart, and not any certain and infallible Rule. And if a Tenth prove due by any Law sufficient to bind him, he shall but encourage him to steal, yea to commit Sacrilege, and many other sins of a high nature who shall bid him give only that which he is well able to spare; though less then a Tenth.

The Law of God hath made something a debt to the Minister; and, if this Man hath not fully paid that due, it is not what he is well able to do, that shall always serve his turn before God, when he will take upon him to be the sole Judge to himself. Debts must be paid, though the Debtor will not confess himself well able to spare them. And to decide, what he is well able to spare, will be a work as difficult as the other.

None of all these ways then will prove sufficient to direct a doubtful and distressed Conscience. Nor do I know any in the World soundly to resolve, and guide that Conscience, but one of these two: viz. I must bid him either,

1. Look into the Scriptures, and search what hath been paid of old by the People of God, before the Levitical Priesthood; and rather then ensnare thyself, follow those Examples till it be made clear unto thee by sure Grounds that those Payments were neither enjoined; nor, in equity, due; nor that any in Conscience is bound now to do the like. or,

2. Have recourse to the established Laws of the whole State and Kingdom wherein thou livest, (who have absolute power to appoint and set out what Portion they please of every man's estate for any Public Use, and everyone is bound in Conscience to render the same): And look what the Laws (thus ratified) enjoin, that thou must do, or be a Rebell.

Some Mammonist, perhaps, suspecting whether he may be drawn by yielding that to be a Due, which the Law of the Kingdom hath settled upon the Minister, would be ready to say;

Now welfare Brownist. What if in the Law, Tithes were Levites Maintenance, may not that Maintenance be made over to another Order of Ministry, when Levi was degraded? May not money once offered at the shrine of some Popish Saint, never be lawfully appointed or employed to any other use? If this were sound Divinity, many of those ill-willers to Tithes should be much more afraid how they touch any money, but that which comes new from the Mint, least (forsooth) it be such as formerly hath been offered to some Roman Idol, and so it should pollute them to use it, or touch it. But concerning anything coming towards them, they ask no Question, for Conscience sake: therefore this, in their opinion (though the same with the other,) shall pass for a Toy.

But touching Tithes which is a sweet morsel that they are loath to part with: Is there anything in the substance or nature of Tithes that Legally typified Christ? If there be, name it, and prove it, and you say somewhat. Otherwise, All you could infer from that absurd grant of Tithes to be solely and properly Levitical Maintenance, would amount but to this Conclusion; Tithes given to Levi for serving at the Altar, may not by any Power of the Magistrate be still continued to Maintaine a Levitical Priesthood.

Howbeit, God, though he hath dismissed Levi, and repealed that Law of Tithes due to Levi; yet having appointed, that (as they that served at the Altar should live of the Altar, so) they which preach the Gospel should live of the Gospel; A Godly State (not taking upon them to be wiser then He himself in the Old Testament: or his Apostle Saint Paul in the New) will thus resolve:

If it were a good Argument to prove Tithes not lawful or fit to be now paid, because once employed to maintain Levites; It must be pressed, much rather, upon the Magistrate, that he is bound in Conscience to pull down all Churches, once superstitiously prostituted to Popish Idolatry, not suffering them to be now used for the true worship of God. But he that should urge this, would manifestly declare to all the World his just Title to Bedlam.

It may be, Some are of opinion that Christians are now at liberty from such Impositions, so as a man may use his own discretion, and give what he thinks fit. But to this something hath been said before, to which now I add; that this were the high way to become sons of Belial indeed. We know how it went with Israel when there was no King among them, and every man did as it seemed good in his own eyes. This indeed is that many Professors would have: Liberty, Liberty. Let them be noted for bountiful; but not bound to be just. What would become of Ministers, (shall I say, nay), of themselves, if this gap should be opened to the World that Christians may do as themselves see good? Who would not abuse his liberty as an occasion to the flesh?

What though a few Honest men would pay their Dues justly, although no Law of man should be made: must their Honesty make the World of opinion that they ought not to be bound to a Law? Would not every man plead the like; and so all would come soon to a confusion? Can any of those Honest Men prove that the Magistrate hath no Power to rule them herein? Should not they rather for examples sake (though they might plead freedom) be first in yielding obedience to Laws, even for their sakes who would never do justly without Laws to enforce them?

Hath God bounded out all men's estates by wholesome Laws; and hath he left only Ministers to Peoples Discretion and good Pleasure, so as the Magistrate may not appoint them a certain Portion, as to his Wisdom shall seem most convenient, and agreeable to the Laws of God himself? Oh Sons of Belial that thus Prostitute Religion to palliate their covetousness? The Covetous Earth-worm would laugh in his sleeve to see his elbow vnderlaid with such a Cushion. The Licentious Gallant would soon bring the Minister to his beck, and force him, Fidler-like, to play nothing but what He, and his lewd companions should please to call for; or make Him to beg his bread from Dore to Dore. And are these the best Rules our best Zealots would walk by? Then, Who would not pray; God defend me from the Power, and Courtesie of all such Professors? Should not Papists (if this were allowed) have just cause to apply unto us that bitter Taunt, Pater-Noster set up Churches, and Our Father pulls them down?

The Law of the Kingdom, then, is the only sure Refuge of all that deny Tithes to be a Moral Commandment. This is the only Rule they have in all other Reformed Churches and States (having Power to make Laws) throughout Christendom.

Admit this for this time to be a sufficient Rule; and it must be granted that, The Laws of this Kingdom established in Parliament do bind men both for Quantitie and Quality of the Ministers Maintenance: And he that doth not strictly observe it, can never have a good Conscience, because he swerues from the Rule of his own choosing. Whatsoever is of force as a Rule of Faith to justify the Conscience walking by it, is also sufficient to bind the Conscience; and to condemn him of sin that digresseth from it.

Let the Tradesman wrangle and wriggle till he be weary, this Rope will hold him. Now grant me this, and grant all I undertook to prove: viz. that Every Person within this Kingdom (not living in Places Priuiledged) is bound to pay the Tenth of all his clear Gaines to his Minister. For, this is the Law of this Kingdom enacted in the 2. and 3. years of Edward the sixth, cap. 13. Entituled, An Act for the true Payment of Tithes. In which Statute is ordained as followeth.

And be it further enacted by the Authority aforesaid, that every Person exercising Merchandises, Bargaining and Selling, Cloathing, Handy-craft, or other Art or Faculty, being such kind of Persons, and in such kind of Places as heretofore within these 40. years have accustomably used to pay, such Personal Tithes, or of right ought to pay, other then such as be Common day Laborers, shall yearly at or before the Feast of Easter, pay for his Personal Tithes the Tenth part of his clear Gaines; his charges and expenses according to his estate, condition or degree to be therein abated, allowed, and deducted.

To this it will be presently objected, Do you not mark that clause, that men shall pay Personal Tithes in such kind of places as heretofore within these 40. years they have accustomably used to pay such Personal Tithes?

Answer. I do: and pray you to observe that which follows: viz. or of Right ought to pay.

Some, perhaps, are in hope this will prove such a Gordian knot, as will never be untied. But to put them by that vain shift, let them know that this will easily be expounded (to the satisfaction of such as desire the truth may appear;) partly by Other Parts of the same Statute; and partly by the Maine End and Scope of the Whole.

1. By other branches of the Statute it will appear who they be that (not having paid Personal Tithes, yet (of Right out to pay.

In the next Fraction after that branch of the Statute here alleged, it is said; Provided always and be it enacted that in all such places where Handycrafts-men have used to pay their Tenthes within these 40. years, the same custom of payment of Tithes to be observed and to continue. And a little after: Provided that this Act shall not extend to any Parish which stands upon and toward the Sea coasts, the Commodities and occupying whereof consisteth chiefly in fishing, and have by reason thereof used to satisfy their Tithes by Fish but that all and every such Parish and Parishes shall hereafter pay their Tithes according to the laudable customs as they have heretofore of ancient time within these 40. years used and accustomed, &c.

And again: Provided always and be it enacted that this Act or anything therein contained shall not extend in any wise to the Inhabitants of the City of London, and Canterbury, and the Suburbs of the same: ne to any other Town or Places that have used to pay their Tithes by their houses, otherwise then they ought or should have done before the making of this Act. Lastly, there is an exception of the Tith of Marriage goods in Wales.

Now these Exceptions do abundantly expound that clause who they are, that in right ought not to pay: namely, All Handy-crafts men that paid less then the Tenth by the space of 40. years before the Statute: All living upon Fishing: All in London, Canterbury, and other Places having a custom to pay a rate by their houses: and Those of Wales in that one Particular.

Therefore it is evident that All others, though they have not paid by 40. years before that Act, yet in right ought to pay. For, why else should so many be exempted by Name, if the purpose of the Statute were not to bind all others not so exempted?

2. This appears yet more clearly by the Maine Scope and End of the Statute, as is manifest to every man (though no Lawyer) that shall read and observe it but with one of his Eyes.

The Intent of a Law, (say our Great Masters of the Law) is best discerned by the P ••• ce • unto • ir. The Preface of this Statute hath reference to Two other Statutes, one made in 27. Hen. 8. the other in 32. Hen. 8. to the same purpose: and it saith, that diverse things are needful to be added to those other Statutes, that Tithes may be truly paid according to the mind of the Law-makers, for which purpose this last Act was made. We must then consider: 1. What was enacted: 2. What was defective in those former Statutes: 3. What here is supplied.

1. In the former Statute of 27. Hen. 8. it was resolved that as well Personal as Praediall Tithes were due unto God and Holy Church: and therefore enacted that every subject should pay them according to the Ecclesiastical Laws and Ordinances of the Church of England, and after the laudable usages and customs of the place where he dwelleth. The Statute of 32. Hen. 8. was principally intended both to give life to the former Statute, and also to enable Lay-men enjoying Tithes to recover them by Law, which, before they could not.

2. Neither of those Statutes did particularly decree what Praedial Tithes should be due; from what Ground: and in what Quantitie in some Grounds: what Customs should hold, and what not: What Places and Persons should allow Personal Tithes, and what not: nor how much should be due, where no Custom, Composition real, or other sufficient Priuiledge • •• kes place.

3. All these Defects are supplied in this Statute of Edw. the 6. For, (passing over the supplies touching P • aediall Tithes) we may find these supplies for Personal Tithes.

1. Whereas the former Statutes spake of them only in Grosse; This declareth of what in particular they shall arise.

2. Whereas the former did not express the just Quantity exactly; This saith, the Tenth of clear gains.

3. Whereas the former did speak of Customs • im g •••• ally; This shows where, and in what Places and to what Quantity Custom sh • l prevail to paying less then a Tenth, and in what not.

This Statute agreeth to the best English Canon Law made and established for declaring, and paying of Tithes both Praedial and Personal, above 320. years sithence: Only this Statute of Edw. gives more to Custom, and to some Persons, then that ancient Law doth. Now, it is granted that so much of the Canon Law as is not against some Statute in force, is still good Law. In the particular of Tithes, it is ratified by the Laws of the Kingdom. What therefore the Statute of Edward the sixth hath not cut off from that old Constitution, it hath established for Law.

To make this clear to every eye, do but consider these things: viz.

1. That the Statute of Edward 6. in the beginning saith thus; Be it ordained and enacted by the King, &c. that the said Acts made in the 27. and 32. years of the reign of the late King Henry the 8. concerning true payment of Tithes, and every article and branch therein contained, shall abide and stand in their full strength and virtue. Therefore what ever was enjoined in those former Statutes, is by this Statute established to continue in full force.

2. Consider that the Statute of 27. Hen. 8. doth in express terms ordain payment as well of Personal as Praedial Tithes according to the Ecclesiastical Laws and Ordinances of the Church of England and after the Laudable usages and customs of each Parish. And in that other Statute of 32. Hen. 8. the same was again enjoined, still having reference for kind and Quantitie to the Ecclesiastical Laws, & lawful Customs. Therefore what ever was then payable by the Ecclesiastical Laws of this Kingdom, (unless in some Pedulia • s where Customs laudable and lawful had taken root) before that time in use, was established by those Statutes, and so reestablished by the Statute of Edward the sixth, to remain in force as the Law of the Realm to every Place 〈…〉 〈…〉 Eccles •• sti ••• 〈…〉 this, (as it is to be seen in • INDWOOD: Prouinc: Constitut: tit: de Doc: c. Quon: Prop: ) that Personal Tithes should be paid from Artificers, and Tradesmens gain of Trading. And so from Carpenters, Smiths, Plaisterers, Weaners, Bruers and all other Laborers who should all pay the Tenth of their Wages. This Canon was made at a Convocation Wolden at London in 23. Edward: 1. And is rightly reaconed, by M ^r . Selden, the • hiefest of the English Canon Laws. It is the Principal Rule and Law for sundry Tithes, therein (and nowhere else) expressed, which hath force to this Day from the Statutes aforesaid, as daily experience showeth.

From the Premises these Conclusions do vndenyably issue.

1. That in all Places Personal Tithes of right ought to be paid where any Laws enacted within 40. years before the Statute of Edward the sixth hath commanded their Payment.

2. That all Personal Tithes decreed to be paid in those two Statutes of Hen. 8. are still due of right; both because they were made within 16. years before that of Edward 6. and because this last Statute doth ratify those, and every branch of them.

3. That all Personal Tithes that of right ought to be paid by the space of 24. years before either of those Statutes of Hen. 8. are still due; because the Statutes of Hen. 8. were made but 16. years at most before that of Edward 6. and this Statute extendeth to 40. years back-ward.

4. That all Personal Tithes due by the old Canon before mentioned, are due by the Laws of this Realm: forasmuch as the Statutes of Hen. 8. doth ratify that Canon, and the Statute of Edward 6. doth ratify those Statutes, except before excepted.

5. That therefore the Statute of Edward: 6. (giving force to the old Law which enjoined the payment of Personal Tithes,) doth intend and command that the Tenth part of every man's clear Gaines (except such as are expressly excepted in the said Statute,) should be paid by every man to his Minister.

6. That it is not needful for the Minister to prove (if he will recover or demand Personal Tithes where they were never paid,) that such Tithes have been constantly, or at all paid in the Place where he liveth, by the space of 40. years before the Statute; since the Statute maketh them due, where, of right they ought to be paid.

Though the Right be clear enough; yet to make all men see it with both eyes without Spectacles, I will reduce all that hath been spoken to prove the right of Personal Tithes, into form, thus.

There Personal Tithe • of right ought to be paid by virtue of the Statute of Edward the sixth, where there was any right to them within 40. years before that Statute, although they were not actuacty paid. But

There was in all places a right unto Personal Tithes by 40. years before that Statute, though they were not actually paid. Therefore in all Places (not expressly excepted in the Statute of Edward th • sixth) Personal Tithe • ought still to be paid though it cannot be proved that they were actually paid in all that time. The Minor is proved, thus.

There must needs be a Right to pay Personal Tithes, where any Statutes still in force, enacted within 40. years before that Statute of Edward, enjoin the payment of Personal Tithes. But

Both those Statutes of Hen. 2. enjoined the payment of Personal Tithes, and were enacted within 40. years of that last Statute, and are still in force: Therefore Personal Tithes, that is, the Tenth of every man's clear gains, are still due and of right ought to be paid by all Persons, and in all places not expressly exempted by Statute, though it cannot be proved that they were ever actually paid.

If any should say; Where the Custom of the Place hath been to pay nothing, nothing is due. This will appear to be a mere Cauil, by that one Maxim known to Al of any experience or observation. De non Soluendis de cimis non valet consuetudo. Custom of paying nothing, is worth nothing. The reason given by Lawyers is, iuri naturae & diuino contraria est. Because it is contrary both to the Law of nature, and God himself. The Law in such a case is this; Where men pay no Tithes at all of anything made Tithable by any Law, there Tithes (unless some special Priuiledge allowed by Law be pleaded and proved) must be paid to the utmost extent that any Law hath decreed such Tithes to be paid in any place. So then, He that confesseth he never paid anything, nor that it hath been the Custom of the Place where he liveth so to do, maketh himself liable to pay the full Tenth.

Least any man should suspect me of ignorance, or partiality in this point, because I seem out of my element: I will produce M ^r . Selden (none of the best Proctors for us Tithing-men, but One with whom we poor Vicars are daily nosed,) to brush off this aspersion, if any be cast on me.

He, in his History of Tithes, Cap. 20. showing that Mortuaries first became due upon the general presumption of every man's negligence in paying his Personal Tithes in his life time, (for which cause a Mortuary was given in lieu of such Tithes unpaid at death:) he alledgeth a Case adjudged in it. Ed •• rd, 3 • wherein the Person of Whitwell being sped for taking away a Horse for a Mortuary at the death of one of his Parish, according to the ancient Custom of the Land and Holy Church, was acquitted against the Plaintiffe, and his Act just f ••• to be agreeable to the Law.

This he urgeth to prove, that Custom hath ever been held as Law, even for such Personal Tithes. But he explaineth himself thus; Where any Statute hath made a discharge, or Prescription, or Custom hath settled a Modus, de cimandi or certain Quantitie payable, though never so little, for the Tith, there, by the Laws of the Kingdom, the Owner is not bound to pay other Tith then the Statute, or Custom, or Prescription binds him to. Which yet must be so understood in the Case of Lay-men, that Custom or Prescription founded in their Possessions as Lay, cannot wholly discharge the Tith, or be De non decimando, but may well be De modo only. Otherwise is it in the case of Spiritual Persons, that may by the Common Law be by Prescription wholly discharged, and prescribe De non decimando. AND THIS IS REGVLARLY CLEERE LAW. Thus, that Master of the Law.

This considered, doth fully pluck up another objection by the roots which any wrangler might make from those Phrases in the Statutes of Henry the 8. which say, men shall pay their Tithes according to the laudable and lawful usages and customs of the Places wherein they live. Those Customs are neither laudable, nor lawful which are pleaded for paying of nothing. It is not said that where any Custom hath been to pay nothing, nothing shall be paid: but, men shall pay their Tithes according to the laudable usages and customs of each place where they live. Therefore it must be understood of Customs by which men do Pay something: All being tied to Pay; and all Customs of paying noth • ng being utterly void. To say, that Law, which Commaunds some men to pay, according to Custom doth show the same men to plead Custom for paying nothing, is a Contradiction very ridiculous.

But yet some may say: If the Law be so firm for Personal Tithes, How is it that Ministers call not, for them, and that they do not recover them by Law?

To this I may answer with Griefe. That Law which hath made them due, hath given us power enough to recover them of every man that is Honest, and makes conscience not to lie, or deceive; but it hath not given us strength sufficient to recover them if they be denied by a Knaue: for it debarreth us of the Principal and indeed the only means of finding out what every dishonest man's gains are: namely, the Oath of the party that is to pay them.

The Makers of this Law supposing Tradesmen bred in Towns to have more Giui •••• then others, and presuming of their honesty and conscionableness to pay their dues to the Minister, without suites in Law; did purposely provide that the Tradesman should not be forced to discover his Estate to the World so oft as otherwise (in likely-hood) he should be required; which might prove much to his prejudice. I • was their Indulgence to enjoin the duty without binding him to this extremity: but it was their purpose to tie his conscience the more to do justly herein, as he will answer the contrary at his peril to God, to whom they leave him for punishment. Else why should they make such a law to declare what was due, and command the payment at Easter.

He that shall say, I am not bound by Law, where the Law hath omitted any one way to compel me, doth most impiously abuse the Lenitie of the Magistrate, and believes the Magistrate doth never command till he smite. In Divinity it is no better then Heresy, (if it be stood unto;) and in Morality, no better then sowing the seeds of Sedition and cursed Rebellion, to hold, That no Law hath any force to bind, but where it gives power to punish: And that the Magistrates word shall be void, where his sword doth not follow at the heels: nor ought to be longer obeyed, then he is fighting, or putting weapons into other men's hands. It is a thousand pities they should want blows who will do nothing without them. When the Apostle saith, The Law was not made for the righteous, but for the Lawlesse, and disobedient; he meant, (as I think you will grant,) that the curse and punishment of the Law was not intended to the righteous, because he would observe it so carefully, that there should be no need of Compulsories to be seru'd upon Him. But doth the Apostle thereby exclude him from the commandment and Rule of the Law? Who but an Epicure, or Mad-man would make such a Gloss? When God gave authority to the Husband to command his Wife in lawful things; but not to beat her: shall the Wife shake off the yoke of obedience which is imposed by the Husband; and say, God never meant that Law by which my Husband seeks to command me, should bind me; because he hath denied him power, to compel me by stripes?

What though the Statute deny us the oath of the Party, yet it commands payment at Ea • ter, in express terms: and gives power to sue him and to examine him by all other lawful and reasonable means: so as he shall be compelled to speak truth, or falsehood. The Ordinary may compel him to say what he hath gained, though he cannot compel him to swear. This indeed makes some difference when a man is to deal with a false Knaue: but none at all when he is to deal with honest conscientious men. And if the Statute had given us the Oath of the Party; unless we could get another Statute enacted, not only to enjoin, but to make all men to be Honest; our case would be but little yea very little b • tter then it is. I need say no more to Reasonable men: yet one thing more, which makes 〈◊〉 yet ••• e •• ow, that the Statute doth bind all men to ••• y Personal •• thus, thou 〈…〉 Oath of the Party. The Statute doth not only give power to the Ordinary to examine a Tradesman, as aforesaid; but also to order him according to what the party shall confess, or can be otherwise proved, (as in Predial Tythes,) or else to excommunicate him for his contumacy; & afterwards, to require a Writ out of Chancery De Excommunicato capiendo, if the Party shall continue his contempt for the space of forty Daies.

But, what if it should be granted that Tradesmen are not precisely and formally bound by that Statute, as Husbandmen are? What would they gain to justify themselves in point of Equity and Conscience? Let them suppose themselves free from the Law in the strictness and rigor thereof; yet they must confess the Husbandman to be absolutely bound to a Tenth. Nor will any but Brownists and Rebels deny the Power of the Parliament to appoint that Quantitie. Now the Law binding the Husbandman, doth as firmly, in equity bind Tradesmen to the same proportion, if they will not hold themselves Lawlesse, but acknowledge themselves bound to that Law which bindeth the rest of their Brethren.

There be two things that bind to a duty: Justice, and Equity the ground of Justice. In Justice (as it is strictly taken) he only is bound on whom the Law established doth absolutely, directly, and expressly take hold, and commandeth him formally. But in Equity, which is the ground of Law, every man living in the same State is truly bound also, to whom the same Equity on which the Law enacted was built, equally extendeth.

To shut up all. From all that hath been said, I may justly draw four Conclusions more.

1. Whosoever gaineth by Trade, bargaining, or other lawful means, being not exempted as aforesaid, must pay the Tenth of his clear gains, or he sinneth against the laws of this Land.

2. Whosoever in this case w • l •• ll • v • olateth the laws of this Realm, is a double sinner against the law of God: for he breaketh that Commandment, Th • n shalt not Steal: and committeth Sacrilege by with-holding that which lawful Authority hath lawfully consecrated to God.

3. Although a man employ part of his stock in Husbandry; yet is he bound to pay the Tith of his Gaines by Trading (if he use any) as well as if he paid no Pradial Tithes at all.

4. They who being informed of this Duty, and con • inced in their judgment thereof, are bound to Restitution (unless their Pastors remit it) of all they have hitherto wrongfully detained so near, and as full as they are able. Otherwise, they wickedly; rob the Minister, and live in a damnable sin without repentance: nor can they in such a condition expect anything from God but wrath and a curse upon them and theirs, let their Profession and forwardness in other duties of Religion be what it will.

I expect many to cry out upon this, as strange and hard Doctrine: and to say, If we should pay all Arrerages, we should part, it may be, with half our estates. But then I must Answer: to the first part, if it be true, (as you see it is;) the strangeness of it must not make any man bold to kick against the Pricks. And to the latter, I say.

1. It is unlikely and improbable that the Tenth part of a man's clear gains should be half his estate both of Stock and Gaines.

2. Admit it were so, yet if what thou deteinest be none of thine, it will make a greater hole in thy conscience, then it can in thine estate by parting with it. The Usurer and the Thief have as good a Plea as this against Restitution.

3. Zacchaeus did as much, and our Savior approved it as one sign that proved him A son of Abraham: Grace will make men just; though it should make them as poor as Lazarus. Restitution with an over-plus, if they be able, shall be unto them, as any other duty enjoined by God.

4. If God have blown upon thy dishonest gain; and made thee unable to Restitution; then behold his hand; humble thyself even unto Hell for this sin; and desire of God, one way or other to repair the wrongs, that cannot be repaired by thyself. And in this case, he were an hard and most unconscionable Minister that should require 〈◊〉 .

Let not Restitution then be held an unjust and cruel imposition. And for payment of Tithes for time to come, stick not at it seeing thou now seest it to be thy duty: do it cheerfully, least God account it as not done at all.

Consider (besides all the former discourse) this one thing: He that willingly and justly pays the Ministers Portion hath a more special promise of God to thrive in his Calling, then any man hath, for performance of any one other particular duty whatsoever. The Promise I mean is in Malachi 3.10, 11, 12. and it is this; Bring ye all the Tithes into the Store-house that there may be meat in mine house, and prove me now herewith, saith the Lord of H • sts, if I will not open you the windows of heaven, and pour you out a blessing, that there shall not be room enough to receive it.

And I will rebuke the devourer for your sake, and he shall not destroy the fruit of your ground, neither shall your v • ne cast her fruit before the time in the field, saith the Lord of Hosts. And all nations shall call you blessed: for ye shall be a delight some land, &c.

Now he that doth not obey this injunction, (at least so far as now by Law he is tied) doth, thereby proclaim that he doth not believe this promise: He saith in his heart that in this point God is a Liar, and it is in vain to serve him.

One Scruple yet is behind. Some may s • y; It may be my Minister is unable, unfaithful, or scandalous: must he have Tenths too?

Though such a person deserve them not, yet being actually possessed of the Church (and presumed in Law to be such as he ought) he may claim them as due in the right of the Church, until Authority shall take notice of his demerit, and discharge the Church of such a burden.

So then; He that sought to wind himself out of the brakes of Tithes due by Divine Right, supposing it better to stand to the Magistrates Discretion, may see what a fine Snare he hath made for himself.

He, must not hear of Tithes due by the Old Title. The Magistrate must give him his Rule. Well. A Law is now established. This Law binds every man to give the Tenth of his clear Gaines to his Minister. It makes no exemption of Bad Ministers. Therefore The Tradesman is bound in Conscience and by Law to pay Tithes to his Minister be he Good or bad: or his own Rule will cast him for a Sinner.

If I owe money to a Drunkard, I may not justify the deteining of it, when it was due, because I know he will abuse it to more drunkenness, riot, and other sins against God. I may labor his Reformation by the Magistrate, but may not deny him his dues. His disorder cannot warrant me to be unjust. The Law for Tithes makes them as due to the Minister, as Law can make them: and supposing that every Patron and Bishop will be careful to place none in any livings but such as are worthy: it exempts none from the exhibition of the Place to which they are inducted. Therefore the Tradesman or any other cannot without Theft and Sacrilege deny any Minister his dues, so long as he stands possessed of the Church, and in the relation of a Pastor unto him. If any man have just exception against his Minister, they know the Law is open, and there be Judges, let them implead one another.