The Civil Right of Tithes

CHAP. I.

CHAP. II.

CHAP. III.

CHAP. VI.

CHAP. VII.

W Hat right then have Tythes? I answer briefly, Manifold. It often comes to pass it is so, and that one and the same thing hath many firm bottoms to settle on: Two feet for the more strength, two strings to the same bow, though one be enough, and four better then two; for a surplusage of strength does no way tend to weakness, nor an accumulation of titles mutually weaken or destroy: Now at least three distinct Rights, and each strong enough are here:

• I. Of Donation.
• II. Possession.
• III. Prescription.

Tythes were

• 1. Given.
• 2. Are possessed.
• 3. May be prescribed for.

Nothing they say is more free then gift; 'tis natural, that what I have is mine own; 'tis strong if a long time I have had it, and All these conspire and meet to settle Tythes where they are. 1. One limb of everybody of the Law is, de Donationibus, and after many rules and cautions, the result is, an undoubted Right thereby. 2. What I have is mine own, it is so, I know it, and till the contrary be evinced, the world will judge on my behalf. 3. Continuance of possession (just or unjust) shall create a Right. He that once had title to the house I dwell in, let him come after a hundred year possession (in myself and ancestors) I dare now join issue with him, it is Mine and not His, because I have Kept it. These things are known enough, and I aver they all meet here, that Tythes Were given, Are possessed, and Long enough to create prescription; A threefold cord is not easily broken, and here is that complication of 1. Donation sufficient. 2. Possession undoubted. 3. And Prescription for time over and over. To which add, that each of these pillars hath also another strong stay by, to support the weight laid on it: Donation is bettered by Confirmation: Possession secured by him in whose right the possession is; Dedimus Deo was the form of grant, and is the ground so claim: Prescription is lengthened through more then half twenty times over so much as would simply serve the turn: And if these things be so, and they are, and all, and known, by the Law, be this supposed, and me thinks we may sing victoria almost already.

But they remain to be proved; by God's blessing they shall: There is neither of them but lies clear in view to those are acquainted in those regions of knowledge (whether of Books or Experience) where a likely information of any of them is to be looked for; and I shall yet add one thing more as a Coronis at top, the opinion of the Learned in their own profession. One single self may have been deceived not inexcusably; 'It is hard for a stander by to be acquainted in all the rooms of a neighbors house; some sparks of true light have sometimes (by their not right use) but led private men to Error; But as witnesses produced go for proof usually, and their agreement strengthens their testimony, and a conspiration of them professing to know, is the fairest of all presumptions against mistake.

If therefore the Lawyers themselves have apprehended thus with me, if they have combined and conjoined to say so, if there have been that combination and consent that they All have said so, and till within these few years no One would have been Fee'd to the contrary; nor, if he understands himself, will yet: from All these I shall not doubt to infer a strength of presumption, that what men have said, the learned have said, the Lawyers have said, and All of them both have and do, (no one to be hired to the contrary, whereas they come in gratis on the other part,) hath much more then likelihood that it may be true which they aver, and for their assertion sake. From whence may we expect Credibility, if not from the voice of men, of All men, and they agreeing, and the Seers themselves giving their vote? In ore duorum vel trium stabit omne verbum, says the Divine Law, 2 Cor. 13. 1. Num. 35. 30. Deut. 17. 6. cap. 19. 15. Mat. 18. 16. John 8. 17. Heb. 10. 28. How much more, In assensu & consensu omnium & singulorum? That is a bad case which admits no plea, that no one will be hired to undertake, or can color for, that neither hath substance nor show. If therefore the grave and learned Judges (the Oracles of the Law) have gone this way, if the other reverend Sages (I comprehend all graduated professors) take in along with them, if it be the painful knowledge of the Student, the costly knowledge of the Country-man, the experienced knowledge of most men, the general allowance of All men; Doubtless that must be so which one says, and another says, and a third says, and a fourth says, and everybody says is so; and most likely when the professing too, know, join in, and say so likewise.

We have made room enough, a large field to expatiate in: God be our guide, as Truth our aim, and success but as the righteousness of our Cause shall deserve for us: The first part of the plea was Donation: Which, because it is like to be large, the fast Corner stone whereupon to settle the chiefest of what follows, something would be said what it is, who may give, what, to whom, &c. It may not be safe to go on of our own heads. Here therefore again for the help of the Sages,

Donation then (says Bracton ) is a certain Institution that proceeds from mere bounty and will, no law forcing, to transferr a thing to another. Or, To give, (says Fleta ) is to make anything his that receives it. But Cuiacius lately thinks he hath hit it better then both, making it Properly the free alienation of anything, with this mind that it shall not revert to the Donor. The first of these may leave a rub in the way to hinder that we would by no means oppose in all this Tract, the free progress of that opinion, that Tythes are due Jure Divino: As if they be, how can we say they were Given in the sense there, ex mera liberalitate, nullo jure cogente: Or if the Divine law did enforce, then how are they in this sense clearly given? I answer, well enough; as well as a man may give that which God had said before he should give; or do that freely, which the scripture yet irreversibly commands he should do: Give an Alms to a poor man, says the Scripture: which man does of himself, (the rather for that command) freely, and yet the divine Law was enforce, and obeyed, to part with that a man was not bound to part with.

Give the seventh part of thy time, says the fourth Commandment; yet 'twas a voluntary Act of our State, that in obedience to that command, but freely in itself, set aside this part here with us; They might, or they might not, else they had not been free: but now, besides the fourth Command: it is secondly due to human Justice (appointing it,) to have the Sabbath sanctified: So, Give the Lord the Tenth with a good eye, is interpreted to us the heavenly Oracle; yet when the believers came to obey, they did it freely, which they might not have done: Nullo jure cogente, that is, none of the same sort, none on the same floor, no human lower positive law having set aside anything, or commanded, though the higher Divine law had bound it to be more then expedient, which yet might not have been obeyed. The sum is, God may have said, the Tenth should be paid, Man have not obeyed; but he did, and gave by the persuasive influence of Divine command, that which was his own, and he was bound by no human Law before to have given: and so here is a a commanded, obeyed, and yet free and voluntary Donation.

But, to go on, Donation, which was as before, is divided into free, absolute, illimited, and merely voluntary, or sub modo, under limitation or Condition, as, Do ut des, or Do ut faciat, &c. Now although this be in itself more avoidable, as letting out into more ways of evasion, yet if the thing conditioned be of evident necessity, as, I give that thou shouldst preserve this man from starving, to do such a thing necessary in public, or for the service of God, which is most necessary, or the like; Now in this case the necessity of performance mounts up with the needfulness of the thing depending, for it is more expedient that such necessary things in themselves should not be left undone, then any ones simple, declared, single will thrung in to take place, which yet in Justice ought, though in this necessity (comparatively) it ought not.

Further, who may give? and 'tis answered, All, that are under no prohibition: As, are those that have no power of themselves, as Pupils, who are like to make their condition worse, (though they may contract to benefit, though not to loss;) and for this reason the Church also, which is always as a Minor: likewise the deaf and dumb, &c. nor the person of a Church, because he is in possession, but in right of his Church, and so hath nothing to give, for what he hath was given Deo & Ecclesiae, who are the proprietaries, he but the usu-fructuary, and so cannot dispose of another's.

For, to whom; To any one: Bond or free, Minor, or of full age, Jew or Christian, But not to a wife, not to the Church in Mort-main, except by license, (for every thing is to be kept within its due bounds; and a proportionable equality is like to be the Mother of longest duration: A monstrous growth tends to the sooner ruin, of itself or the whole; and therefore in its favor it is provided, the Church may not spread too big, lest ponder pressa suo, it fall with its own unweildiness.

Lastly, What may be given? what is Corporal or in visible, a possession or a right, a whole or a part, but not what is no ones, as is everything sacred: This is supposed out of every ones reach; 'tis no bodies (on earth) and so none can lay hand of it to give it forth to another.

CHAP. VIII.

T Hese things may seem needful to have been pre-considered of gifts, to the intent what follows may not seem to have crossed the general Doctrine. Among particular instances whereof to our purpose, begin first with the head, that which was to Augustine, or in that Augustine's time whom some love to call the Apostle of the English men: who found most of this English part of the Isle as Barbarous, as the whole is like to be when covetous men may save this expense. We censure not what the grace or power of God can do, but in likelihood what he will. Miracles are not to be multiplied without cause, nor he to be put out of his ordinary course of By-causes; according to which we are likewise to expect and judge that will be, in human probability is by them Like to be. He then found here the land dark as Sodom, the souls of men over-spread with Atheism and Idolatry, and no truth or knowledge of God, which he divulged successfully, and took care, (or the blessed Providence of God brought to pass) that the Vine and the Elm were planted and have grown comfortably together, Christian Religion and this acknowledged good support thereof being by one and the same Hand here planted and rooted; and as they were born, and have lived, if any be, God grant as Twins they be not taken away together also.

But whence does this appear? we should gladly have taken it up from Bede or Malmesbury, or any other creditable story, but we have it from what was more authentic, the most substantial credit of a solemn law: By all men's leave, This shall be more creditable then any private Mans words; what is planted and shining in any public past law, being less subject to forgery and subornation then any single simple man's Testimony whatsoever. In King Edward the Confessors Laws then thus we find.

Of all Corn the Tenth sheaf is due unto God, and so to be paid. And if any keep Mares, the Tenth Colt; but if he have but one or two, so many pence. So if any keep kine, the Tenth Calf; or if one or two, so many half pence. He that makes Cheeses, the Tenth; or if not, the Tenth days milk. In like manner, Lamb, Wooll, Sheep, Butter, Pigs, of all the Tenth. The tenth also of the commodity of Bees, and of Wood, Medow, Waters, Mils, Parks, Ponds, &c. the Tenth to him that gives both Nine and the Tenth. He that detaineth, let him be forced by public Justice, (so I interpret that called there the Kings and the Bishops, because their powers were then represented together to confirm both ways, Civilly and Ecclesiastically:) for so preached and taught blessed Augustine, and so was granted by the King, the Lord's, and the People.

Thus far that solemn Law, the authority of whose testimony we shall hereafter more fully set forth, when, for the sake thereof, we shall show the whole collection to be one of the ancientest pieces of the Common law, so often called for by the people, confirmed by the King, and entered into the Coronation Oath, &c. In the mean while, by all the credit this testimony can give, Augustine preached Tythes, the People believed, the King and Parliament granted; for what can be less meant by, Concessa sunt à Rege, Baronibus, & Populo? and under the specification of Colt, Lambs, Fleece, Corn, Milk, Honey, and most particulars claimed.

Let no man take advantage, by thinking me so unadvised as to suppose Parliaments so early under that name, which I know came in long after, and whatsoever should carry that title applied in strictness to anything beyond a good way in the Norman times, I should suspect it for Counterfeit: but that Public meeting which had the power and vote of the Land, consisting of the Head and its subordinate Members, call it Senate, Gemote, Court, Council, or whatsoever else, the Collection and Congregation of the Land granted this.

Object. I know well what may be said to the contrary: as that Bede who lived soon after, and reports that story of Conversion at large, and is most authentic for those times and the following, says nothing of any such thing: not when he had just occasion so to do: for he speaks both of Augustine's entertainment ( a few lands ) and his sending back to Rome about Church-maintenance in general, and how it should be divided, but not a word of TYTHES.

Whereunto I answer, True this: but, what then?

Answ. 1. Negative testimonies are the weakest of proofs, upon the matter no proof at all; as silent witnesses that say nothing.

If Bede had said anything we should have much listened, and that whether he had spoke against or for us; but saying nothing he is but a mute, and no more to be regarded strictly, then he that is called, comes in, and is silent.

2. As to his yet mentioning other things near, the time of both was but when yet things were raw: when he had not preached, nor the people believed, or in reward settled what they may have afterwards. Time does much, nothing is begun and perfected at once; the story is plain, the questions sent to Rome, of which we have account, were, the first return of Augustine's success: and petition for supply of Council thence, and so might prevent what was after done, and it be too soon there to mention what was not till after, granted.

3. And the first of those questions was only of oblations, as a part, and whereof might be the greatest doubt, not exclusive of other things.

4. Neither were those oblations all that was, positively: for Augustine had then other things, & so that expression not so full and comprehensive as to infer anything from it as complete. For the King had given him good entertainment at first, (no doubt continued) and afterward, befitting his degree, as one to whom he had entrusted his soul, another place I think his own palace in Canterbury, with needful accommodations of several sorts. What those Necessariae in diversis speciebus possessiones, were, I know not: I believe they could not be comprehended within the oblations in the question mentioned, and so that not comprehensive of all was allowed.

5. 'It is yet liker they were Tythes, in specie, for King Alfred seems to have borrowed such a law from this King. My reason is, because when after he composed a body, with a preface as from Leviticus, whereof one branch is for Tythes, he says of the whole, that he thought it too great presumption for him to attempt any such thing first anew, and therefore he modestly borrowed, with the advice of his Council, from his Ancestors Ina, Offa, and this Ethelbert, Qui primus Anglorum sacro tinctus est Baptismate, the first of Christians. Now for Ina we are sure enough of him, by the laws extant, he had none such; if Offa had, then either this was that Alfred related to, or it was not. If it were, then has Offa 's Law much confirmation in this of Alfred: If it were not, there could be no other to relate to, but this of Ethelbert.

6. Yet more likely, for that before Any other Act passed (this of Offa or any other, that we read of) here were tithes said to be paid: For Boniface Archbishop of Mainz, blames the then Clergy here for neglecting their Cures, yet Lac & lanam ovium Christi oblationibus cotidianis ac decimis fidelium accipiunt. Now he lived about the year 745. and before Offa, or any other Act we read of but that of Ethelbert.

This sure: we have here a plain affirmation, in a clear law, and so not rashly to be left for any private conjectures, or blind presumptions, and that in such a place, that, save in Domus-Dei book, or a few other, we might not look for more authentic from the tendryes of that age. Some credit uses to be given to places; we least suspect forgery in a Church-window, or Palace-Inscription; and an historical truth shall never shine with that evidence, light and credibility to my soul from Tacitus or Tranquillus, as casually let fall or engraven in the face of a Roman-law, or publicly inscribed in the commanding Pandects or Novells. Especially since, here was said to be a consent of King and people: which last if they had not consented, here would have been work enough: every simple man would have been a single accuser, & every neighbor at hand a ready witness: Kings Acts may have many eyes upon them; but to father anything upon the people undone or untrue, were to create a Commonalty of enemies at once, everyone with his accusation ready to clamor loud enough against the forgery.

We will say then, Augustine preached tithes; and the King, Barons, and people believed, and obeyed and conferred them: And observe thereon, their date began with the Bibles entertainment; tything and preaching went together at the first, from the first and always. 'It is uncourteous to part old friends, hard to slope the skin from the flesh, dangerous what hath long gone and grown together. Accustomed food proves lightly wholesomest, they that change for better often fall sick of their remedy, and to be weaned from that an aged man hath been accustomed to, and found wholesome from infancy, cannot but create much danger to the body by change, if not utter dissolution. Which 'tis easy to apply here; and since, minister to Christ, and live by Tythes, are so intwined together among us as they are, and always have been, God grant the event extend not beyond good men's desires, intents, doubts, or fears, that the whole frame of the long continued Church, sink and fail, upon stirring (if they should be stirred) this united and near co-incorporate pillar that hath hitherto outwardly sustained it. If it be charge or trouble, it may be born by the experience of a thousand years: If men love their ease now, so they did heretofore: If they are now wise, they were not then altogether destitute of wisdom: Lay together, that the clear policy of the Old-Testament went thus all along, the general practice of the New-Testament hath been according; Here with us ever since the bright shine of the Gospel dispelled heathenish darkness, and from the very daybreak of Christianity to this instant, it hath been judged best, and is; what new plots would do is uncertain, and may have the accompanying danger of experiment upon sick or sound bodies to disturb what is strong, or ruin what is decaying.

CHAP. IX.

B Ut to proceed: and in what follows we may perhaps light on more clearness and particularity: At the darkness of this remote distance we may not look to see every Mote, but as things draw nearer, so shall we see clearer. This of Augustine's time may have been only in Kent, for there he settled and Chiefly lived; the next will look to the cold Climate, and in the next Missive, (which was about 200 years after,) see what took effect more Northernly: sc. In an Embassage directed to Offa King of Mercenland, and Aelfwald K. of Northumberland with their Archbishops, where the Commissioners were Gregory bishop of Ostia, Theophylact of Todi (in Italy both) and they came first to Offa, (it seems because nearest) and he, (because the business might concern him) sent and called to council Kenwolfe, (or Kynewlfe ) King of the West Saxons. There the work was distributed: Theophylact stays about Mercenland and Wales; Gregory and his assistants go to Aelfwald (or Osward King of Northumberland and Eanbal his Arch-bishop, where a Parliament was summoned, or that which had the nature thereof, a meeting of both States, ( Convenerunt omnes principes regionis tàm Ecclesiastici quàm seculares, ) and the 17 of their decisions this; Decimum Septimum caput: de decimis dandis sicut in lege scriptum est: of settling tithes according to the Law. The tenth part of all thy fruit, or thy first fruits thou shalt bring into the house of the Lord. And again by the prophet, Bring all the tithes into my barn, that there may be meat in my house, and prove me in this, if I will not open the windows of Heaven, and pour out blessing abundantly: and I will rebuke the Devourer for your sakes that destroys the fruit of your land, and there shall not be a vine barren in your field; the Lord saith it. As the wise man speaks, no man can give his own alms of his own, unless he first separate to the Lord what from the beginning he hath required to be his. And hence often it cometh that he that will not give the tenth, is reduced to the tenth. Whence with all earnestness we command, that All study to give the tenth of all they possess, because it is the Lord's peculiar, (or reserve) and live of the nine, and be bountiful as they can.

This was proposed in the Assembly, and besides the King and Clergy, confirmed with the assent and subcription of all the Elders, Captains, and people of the land; consenting the Judges, Peers, and Nobles: And so to King Offa and his Elders (or Senators, or Counselors, Senatores is the word) who did the like, his Princes and Clergy setting their marks: Brorda Dux signo sanctae crucis subscripsi. Faxwald us Dux subscripsi. Beroaldus Dux subscripsi. Othbaldus Dux subscripsi: with a cross as the manner then was in their serious and religious confirmations.

A most observable Law, says Mr. Selden, if it be genuine, (as why should it not?) being made by both States, and of two Kingdoms: It is not like Illyricus forged it, or would venture it to light, without some Authentic authority, considering who he was; and what he is there a doing: the phrase, style, and form speak much the tone of that age: Our Sir Henry Spelman follows him in the substance, though not in the circumstance, giving it due place in our Councils since published; and unless we will question every thing, why should we this? He hath added the name of the place, Concilium Calchuthense, that is either Chalchuth, or Calchuth, or Celchyth, or Cealtide: for these several variations I find; which Camden places in Northumberland, though he had rather find it in the higher Climate of some part of Mercia: I should seek for it between York and Durham.

CHAP. X.

O Ne thing more is observable, that although Kenulph King of West-Saxon-rie were present at the first delivery of the Letters, we hear no more of him afterwards, the approbations and subscriptions having only the countenance of the more Northern parts; for Tythes may not yet have been generally settled, save in Kent, by Ethelbert; and Mercia and Northwards, as but now; which yet was after done ere long, and namely by that Celebris donatio Ethelwlphi, so much spoken of. This clapped the severe and absolute injunction upon all the Kingdom, (having power so to do, as the other had not) infolding every part that was under his power, (and all was) under the same constraint, so that now to Tythe was as general as to reap, and by a Catholic command from sea to sea, and from the flood to this worlds end, God's Ministers had now an appointed and settled livelihood wheresoever man had.

For the better understanding whereof, this of story would be taken in by the way: That Egbert, this King Ethelwlphs father had gathered together (no longer before) the dispersed pieces of petty-Royalties here, into one greater Monarchy, and bruising and battering the Coronets of seven (at the remainder of seven) lesser Kings, had cast them all into one greater Crown, molded for his own head, and left the power to this his son, under the Title of Monarch of the Nation, or King of England. A fit time to do any great work, and make or perfect such a change, as should be Catholic and uniform; not now, This and That, but one and the same throughout the Nation. Before him, it was King, (or Kings) of Britain till the Caesar's came: Then, Aulus Plancius, Ostorius, or others, Lieutenants of Britain: after, the fell Saxons gave denomination to their several shares of a conquered Heptarchy and we had South, East and West-Saxons, besides Kent, East-Angles, Mercia, and Northumberland: But this Egbert mastered All, brake the image of Cadwaline last King but one of the Britain's triumphantly placed over Ludgate, crushed the power, and obliterated the partial names of his own Countrymen, and made all stoop to his sole Command, under the new name of The Kingdom of England, (whereof he was sole Monarch) which ever since through ages hath to this present remained.

These things prepared, as was said, for the uniformity of any work to have its extent and operation upon All, and being remembered, makes way for that Donation, which heed, is Hire given under that name: Other before may have had the substance, but they had not the proper term, this both name and thing, under the title of, Celebris illa Donatio Ethelwlphi. Which what it was, take information first from him that had a great hand in preserving the Common-law from the spoils at the Conquest, and lived near those times, Ingulphus.

The most noble King of the West-Saxons (saith he) Ethelwalph, when he had returned from Rome visiting, with his son Alfred, the habitations of Peter and Paul, &c. by the willing assent of all his Prelates and chiefes, that under him were over all the Provinces of England, had then first endowed All the English-Church (for some pieces had been before, but there wanted a Soveraing power, or the union of the parts to extend this good work over All) with the Tythes of All lands (mark the extent again) and other goods or cattles, which he did by his Royal Patent, thus:

Our Lord Christ reigning, but we tossed up and down &c. wherefore I Ethelwlph King of the West-Saxons with the advice of my Bishops and Princes, resolving on some wholesome remedy, have agreed that some portion of my lands formerly inheritable by whosoever, should now as to the tenth of the whole be set aside (for th • s I conceive to be the sense, the words scarce affording any, but by comparing other accounts, this seems the thing meant) for the servants of God, and a like tenth part of my goods for the Church; so free that it yield no secular service, nor tribute (more nor less) nor Winterdene (or Witterdene, a kind of imposition) but that it be devoted to God's service alone, that the possessors may pray so much the more diligently for us, as they have fewer occasions to disturb them. This was done at Winchester in S. Peter 's-Church, Anno Dom. 855. present and subscribing all the Arch-Bishops, and Bishops of England, and Beorred King of Mercland, Edmund King of the East-Angles, and a numberless number of Abbats, Abbesses, Dukes, Earls, and Chiefs of the Land, and other approving believers: And the Charter was offered upon the Altar, and there received for more religious confirmation. This I take to be the sense of what was there done: Matthew Westminster, William Malmesbury, Ethelward, and others give several accounts, but tending this way, and so great consent is in substance, though variation in expression, that no one can doubt some such thing was done, men so much varying yet agreeing to report. No one undertakes to make good all of everything he makes use of, and here was interspersion of Abbots and Abesses, offering at the altar, with Saints and Angels interested and the Virgin Mary: but such commixtures do, we know, no more invalid the strength is adjoining good and sound, then the like in Magna Charta, or the most of all ancient Parliaments, or some dispersed spots in the Common Law. He that shall once give his busy humor leave to work, and question things sufficiently done by some infirming circumstances, will soon leave little enough of approved firmness (by the same strict rule of estimation) anywhere, no not of those foundations whereon are raised and stands the stability of the chief worldly things we here enjoy. This is sure, the grant was made, and let the enjoyed benefit speak the fruit to our time, the providing for a helpless Church, and it should seem so firm it needed not be again, nor was after; for 'tis observable the style henceforth changed, and men do now no more Grant, but Confirm; nor had they need Part with so much as Assure, nor voluntarily Give, but yield to Pay.

Which we shall observe as we go along: In the mean while as to the doubtful words, various hath been the construction, and learned revisors have not all found the same thing in them.

Jo. Stow takes it to be a parcel of land: Doctor Tildesley contends for it by six reasons: Sir Henry Spelman (inclining thitherward) knows not where to find the benefit save in the parsonage house and glebe (though it may be well enough thought how they came in afterward, and other ways.) R. Hollingshead slubbers it over with a right or liberty (from burdens) to tithes, (so tithes Then in his acknowledgement were.) Mr. Fox somewhat faintly; the tythe of the Kings lands and goods in West-Saxon-rick: (with freedom from Servage.) But a late setter forth of a very learned and pious tract of this argument alledgeth it for a perpetual right of tithes: and above All, he that had compared most accounts and was as well able to judge as any; and now after near thirty years of painful and succesful study is yet living, and ready no doubt to make good his constancy, and justify his opinion, then published, and not appearing yet revoked, makes it out clearly for a right and law of tithes: His words are these.

If we well consider the words of the chiefest of those ancients, that is, Ingulphus, we may conjecture that the purpose of the Charter was to make a general grant of tyths payable freely, and discharged from all kind of exactions used in that time, according as the Monk of Malmesbury, and John Pike in his subplement of the History of England express it. Decimam (say they) omnium hidarum infra regnum suum a tributis et exactionibus Regis liberam Deo donavit: that is, granted the tythe of the profits of all lands, free from all exactions. For the granting of the tenth part of the Hides or Plowlands, denotes the tenth of all profits growing in them as well as Decima acra sicut aratrum peragrabit, which is used for the tything of the profits, in the Laws of King Edgar, Æthelred, &c. and doubtless Ingulphus no otherwise understood it then of perpetual right of tithes given to the Church, where he remembers it with tunc primo cum decimis, &c. So that the tythe of prediall or mixed profits was given, it seems, perpetually by the King with consent of his States both Secular and Ecclesiastic, and the tyth of every man's personal possessions were at that time also expressly included in the gift, because (it seems) before that, ( hitherto that learned man ) the payment of all tithes had commonly been omitted. Not so neither; for what was then the operation of those weak, and yet intended strong and powerful Canons before mentioned, made with so good advice, and strengthened with the twisted powers of both States in Mercia and Northumberland, besides what in Kent, a Rege, Baronibus & Populo? But for All the land, it seems none before had power of imposition; and for West-Saxony none had attempted; (for the King that was present at opening of the letters, we found not there at the conclusion of the business before:) So that Tunc primùm for this and for All together, the decree might go forth here successfully, and the liker it did, for that (as before) we read of no more Donation, but Confirmation, no need to Settle after, but order, as was said, to Pay.

So that considering the power was then vested in the Monarch-granter, and also the consent of Tributary, and, as it were, pupil-Kings, with Nobles, Peers, and all their people: Consider likewise the interpretation of dark words by those whose inspection was like to pierce deepest into the meaning of what was delivered (or is perplexed) with obscure expression, And after interpretation fairly setting of such a purpose, we need not doubt to conclude: That so long ago as those remote times, about 800 years since, above 200 before the Conquest, even then when the Common Law was but in her swaddling-clothes, whereof little hitherto, (if she were then born, as I believe she was,) Even then, and as soon and fast as we may believe the power of Christian Religion to have had its work in the bosom of believers to make them contrive a continual and settled support for their soul-saving new-come Gospel, Tythes had a public vote, which created a legal Right; And, though I will not say All was done accordingly, and the objection of after Arbitrary consecrations possible in some sense, may take place in their way notwithstanding; yet as far as Law may create a right, Then were Tythes no longer a part of Benevolence and Bounty, but of distributive or retributive Justice, everyone living within the compass of the Church being bound to pay back this support for the Ministry thereof, in fulfilling those general Canons of the New-Testament, that call for maintenance, and would not have the laborer uncertain of his reward, but the Oxes mouth unmuzzled (to take thus much) and the Catechist to partake with the Catechumene in all his goods.

For we are not to look upon Regal and Legal commands; as empty Cracks, fit only to fill the world with noise and clamour, and exercise the chat of the busy multitude, or learned men's discourses, but Canons well mounted, which being discreetly levelled also, are able to make their way through whole squadrons of opposing Rebels to Law and Justice, of that irresistible power, that though private men would, they cannot contradict, evade, or gainsay; As being those words of public vote and highest authority, that if they say, Yes, will have no Nay, The most serious disputes and results of Reason that are extant amongst men, and that have this sovereign property always annexed to them, That they of all other look not to be Disputed but Obeyed. Lex est sententia, qua bona tum praecipiuntur, tum mala prohibentur, (says Jo. Calvin) Jus est authoritas seu facultas agendi secundum legem. Justitia est virtus perducens ista ad exercitationem. Proinde quoties audis has voces, Lex, Jus, Justitia, statim cogita, monente Oldenb. te divinum aliquid atque excelsum audire, hoc est, veram & à Deo ipso dictatam honestatis formulam. Almost the voice of God, and not of man, as if they were.

Neither is one thing more to be omitted, who was present and assistant at this great work, Him I take the world to have since owned and remembered by the reverencing name of St Swithune: formerly the Kings Christian Tutor, now his Chaplain, Bishop of Winchester, and successor of the King himself in that See, blessed by God to keep the Kings heart, and the state of the Re-public firm to Christ in that tottering age, when it was hard to keep all from reclining and relapsing to flat Idolatry. For they had lately worshipped stocks and stones, and given the immediate issues of their souls in their thanks, praise, and All devotions to the works of their own hands, Tuisco, Woden, Thor, Frea, Seater, Herthus, Flint, Ermensewl, Tibba, Eoster, and such other sometimes worshipped for God's and Goddesses here, whose names are now either almost happily forgotten, or if remembered, not very easy to be understood. But it seems the Holy Christian Swithune joined in with his formerly pupil, now Lord and King to keep him close, (& in him virtually and potentially All,) to the heavenly teaching of the Bible; and that the doctrine thereof might continue, they added this pillar of worldly maintenance (the having a hand wherein might procure Swithune so reverend an estimation in Christians memories ever since,) (according to the pattern in the mount, their guide, Levi of the Old Testament,) To sustain and provide for the Preachers and Ministers thereof: And God so blessed, that as that gift has remained sacred and inviolable hitherto, so by it the ministration and Ministers of sacred Christian Mysteries have had a subsistence ever since, and endowed preachers been as so many Candlesticks then set up, which resting on this pillar, have held forth that light of heaven which yet we enjoy to this present day. Future superstitions may have made unnecessary additions, and the honor justly given to the memory of this good man, for a work so gloriously deserving, in the name and reputation of a Christian Saint, have contracted after rust and blemish by the zealous ignorance of times and men; who not content save to overdoe, nor esteeming reverence anything without worship and adoration, thought the Saint not enough, unless he were advanced higher to the name and reputation of a Divus, or petty-God, and so partaking now in nearness of kind as well as name with his Sovereign, must not wait any longer about the footsteps of the Throne, but be lifted up to sit higher on some lower seats of honor with his maker; which cast a blemish on the very Purity of heaven, and as one said, made the Christian world begin to be ashamed of nothing more then of her Saints, which were indeed the honor and glory of the world.

But howsoever the work was gracious and glorious, of wonderful influence to the piety of all following times, such as may speak itself accessory to much of the practiced public Worship that hath been exercised ever since to Christ his honor, in our land, and hardly to be paralleled by any act of equal dimensions, save perhaps the contrary work of darkness, (if men's covetousness should be so far hearkened to,) in with-drawing this support in order and preparation to the destruction of Religion itself, and bringing Apostasy to that we had before Tythes were paid, Tuisco, Woden, Thor, Frea, &c. or if these be forgot, taking up that is nearer hand and known, the sensual dreams of Mahomet, (though such worshippers pay their Tythes duly,) or indeed no one can foresee probably what. And if these be not the dreams of some troubled mind, but the sober and welladvised thoughts of one jealous for the honor of His God, not the melancholic muses of some distempered fancy, but the calm and well-composed serious consultations of one tenderly careful, and tremblingly fearful about the honor of his believed Savior and Redeemer, prudently casting what may be, yet providently fore-casting it may not be, and yet but reasonably doubting too what is like to be; grounded only on rational conjectures, and accompanied with manly fears, lest Christ his name should be wiped off from the earth, His honor disparaged, His worship undermined, His faith destroyed, and Himself forgotten where he hath been worshipped for a God; It would then be thought on again and again by all those who pretending to worship Christ can think of undoing his Ministers, and in (or with) love of the Master, give themselves leave to doubt whether they may strip of their Own his Servants that do his Public work, leaving Religion as naked as in the day she was born here, to be covered by mere Charity of the Parish, or provided for by some slack and slender weekly allowance: And (then which cannot come a worse mischief) intrusting the Religion of the most High God, and its stability, to the tottering contributions of fickle Men, who if they be of one mind today, may be of another tomorrow; what now they love, then loathing; and always esteeming their wealth dearly, cannot but be continually loath to part with what they love: (which if it should be, O Jesu, (As Joshua fometime threw up complaint to heaven upon a pang of zeal, in like danger,) What shall be then done to thy Great Name! ) But ere this be, more stones must be stirred, 'tis like, then we are aware of, or are yet thought on for motion: intwisted estates do not use to decay single; nor that sink alone of it self, that settles on the same floor or bottom with others: The strength of property itself must grow weak, ere these dues can be shaken, and the owner of the nine parts be left little enough by the Same reason, (unless by arbitrary disposition, because 'tis fit he should have it,) before This Tenth settled with them, and by equal strength of right can be taken away. Think of ransacking the Tenth rafter out of the roof, or the Tenth stone out of the foundation, and then compare and Judge. But think withal, that rafter, that stone was there placed in Swithunes days.

CHAP. XI.

WE have done with Donation; A thing can be given but once, and this hath been here all over; now next, as annexed thereto or a part thereof should follow, Tradition, without which the Lawyers say Donation is invalid, forasmuch as this in act parts with the thing, and till it be, even a gift remains with the Giver: but the expectation hereof may well be superseded here, forasmuch as the right of tithes is a Right, and so not capable of delivery: For it is a Right, and not a body, which can nor give, nor take; and the rules of the law must not think to alter the nature of things, or make that required, which to be cannot.

Tradition is here therefore set aside, in other cases necessary, and this Guift being perfect without it, our next must be of Ratihabition or Confirmation, under which head march all the following allegations to our times, to strengthen the frame that is now built, and enforce from time to time to part with and give out what was here set aside and appointed to be given; What those acts in law are shall not praeviously take up much inquiry from Justinian or Westminster, I content myself with their general nature, to settle what has been placed; Rem ratam ha • beri, that that which is, they do, as the word is, Confirme.

Men, no doubt, were loath to part with their own, to weaken their worldly estates, though it were to stablish the Religion of the most high God, to make them bags which as our Savior says wax not old, to lay up treasure in Heaven ( 〈 in non-Latin alphabet 〉 ,) for another world, and to make friends of this Mammon of unrighteousness, that when need is, they may receive into everlasting habitations: This made the laws frequent, the repetitions many, the reinforcement earnest, the transgression penal, and each continued in and through every age; that so, if might be, Ananias might be met with at every turn, and his wife Sapphira kept back that neither should venture again to pluck back what only true piety and the love and fear of God had prompted them at first to give forth. And now behold the laws are not to pay, but be punished if men paid not.

CHAP. XII.

THe first that occurs, (in time and so in our order) is that of K. Alfred and is in the preface to his laws, (remember we are now in the dawning of the common-law, and this allowance shall grow up with it,) which, before, he out of modesty acknowledged to borrow from the tables of his Ancestors; and speaks in brief, thus: Thy tything portion, or thy tithes give thou to God. If any did not, it was after agreed between him and Guthrun the Dane, that the stranger should pay lahslite, that is, as 'tis commonly interpreted, twelve Ores, and the English his forfeiture, and without this, no peace: which League and Law was after confirmed by K. Edward (Alfred 's son) and the same Guthrun, and oftentimes after repeated and established to the common profit of the Kingdom

K. Aethelstane is after very earnest about the year 930. by all that is sacred conjuring all under his Jurisdiction to pay all: tam vivorum animalium, quàm annuorum terrae proventuum decimas, both of Cattle and fruit: His Aldermen and Reves he commands to do the same, and seriously advises to consider what Jacob vowed, my tithes and peace-offering will I offer unto thee, and what is elsewhere with severity enough; If we will not give the tenth, the nine other parts may be taken away, and nothing left but the Tenth. Remember he was not a Church-man but a King, and so spake no doubt as seeing expediency enough of what he spake thus, and for his people.

Edmond his successor followed him, and in a frequent Synod held at London about the year 944. as well of Lay as Ecclesiastical persons, (a Micelne Synod it was, a Parliament, no doubt) chargeth every Christian man to pay his tithes duly, and upon his Christendom. I omitted an Ecclesiastical Constitution made by Odo Arch-bishop of Canterbury about these times, because it may be judged not binding; not doubting yet the common law, as then, to consist of such rules, (as they were after, of the Consistory) as well as the secular: For if this were not, there should have been no rule brought along with the Ecclesiastical Judge, for him to Judge by. 'It is known how till the Conquerors days, when the Courts were parted, This Supervisor sat in the County Court, (as over a Provincial Presbytery,) to Judge with the Kings Reve, or the Reve of the Shire, or Shire-Reve (since Sheriff,) the one to see God's right done, as the other to see the Worlds; and what could be more expedient then that they should bring their several rules along with them, the Church-man his Canons to rule there in fitting things, as the other his secular laws? So that till the jurisdictions were parted, I doubt not to think without hesitation, this and such Canons, The Canon in general, was a part of the Common-County law, and so used, and after digested into a form by itself for the Consistory; whereto adding the way of trial, sc. according to the Civil law, by citation, proctor, libel, &c. and such after superinducements, made the Court, as it was late found and left: But this by the way.

CHAP. XIII.

GO on to K. Edgar: and he was not far of, (within the same Century •• ll:) which pious King strengthened all that was before by adding to law and punishment a course how the one should be inflicted to further the Execution of the other. And, He that will not pay his Tythe of Cattle before Whitsuntide, his tythe fruit before the Equinoctial (or Church-seat, (or Scot, or portion) before S. Martins day) let him pay his forfeiture, saith he, as in the Doom-book. What? Let the Reve, Bishop and Church-Priest meet; and compel him, if he be unwilling to pay his tenth to the Church that he ought leaving to him but the ninth: as for the other eight, let the Lord have the one half, the Bishop the other; and this without respect of person, whether he be the Kings man, or Thanes. Which very course and penalty is after approved and stamped for currant by the Danish K. Knout in assembly of his wise men at Winchester, about the year 1032. with some inconsiderable alterations, And in substance continued to our Hen. 1. time, since the Conquest, as appears by his laws lately published.

Something of the Church intercurres more about this time, which, from the nature of the thing, it may be expedient but to name; as an Ecclesiastical Constitution made under the same Edgar, That the people should be taught to pay to God that which of Right they ought, (which mark was Then a Right, whether Human or Divine, I inquire not; If this, it was the stronger; if but that, 'tis it I contend for: but a Right:) as Tythes and other things: And another calculated for the Northern Latitude, (for the collection is styled, Leges Presbyterorum Northumbrensium ) and bound up with K. Edgars laws, where is penalty for every of the Kings Thanes (or lords) that detaynes, ten half marks; for every land-owner six; for every Ceorle or Husbandman twelve Ores: And another written by Aelfrike to Wulfine of the same general nature, thought not unworthy to be preserved among the undoubted monuments of that Age: All which I yet so slightly pass over, as that my judgment remains the same both one way and other as before; and for what was stamped with the authority of the Church, that it had no doubt the Countenance of the Sate, to be then a ruling part of the Common All-ruling Law; which consisted both of Canon and Statute, (as they were after Called,) and each was a rule for what they did concern in the same Court, where both Jurisdictions were then Combined, and both their Laws executed.

CHAP. XIV.

THe next Century gives us the Parliament of Aenham, made up of both States, as well Church as Peers under King Æthelred: in the contraction whereof is commanded, that, God's dues be paid yearly, Tythe of young at Whitsuntide, of fruits at Allhallondtide: but in the larger latin, and a coppy of the same date of writing, Thus: Let the tythe of fruits (saith the Kingdom,) and Calves, and Lamb, and other Ecclesiastical duties be paid yearly to the Lord at fitting seasons: Eleemosynae aratrales, or Sulh aelmes (as I am informed, a penny a years pention upon every plough,) 15. days after Ester: Calf and lamb at Whitsuntide: tythe corn about Allhallondtide; and all these to God, and by order of Parliament. It may breed some doubt of the universality of this power, because it is called a Council or Synod, which use to be the titles of Ecclesiastical meetings: But this is satisfied in part by a learned Kinght, that it 1. consisted of both States. 2. was convened by the Kings power. 3. treated of things not of the Church. and 4. met at Parliament time: which as times then were, was thrice a year.

For in those days at the three great feasts both the King expected his Nobles to come unto him for greater solemnity of the time, and being met they used to consult, de arduis rei-publicae negotiis, which was Parliament work: (which also continued long after, as appears through the course of Matthew Paris his History, who wrote to Henry the third.) So that I doubt not to affirm both that this was a Parliament, and that one such meeting in three years is no such news in England; for of old (beside the law, and observation thereof in practice about Edward the third's time, for one) before that they had usually three Parliaments every year.

In the same Kings time was also another general meeting at Habam; Haec instituerunt Ethelredus et sapientes ejus apud Habam, is the title, and part of the text (from the Abbot of Jorneaux, ) thus:

Let every Thane (or lord) Tithe all that he hath: And we command that every man upon his love to God and all Saints give his Church Scot and true tythe, as in the days of our ancestors, ( it was no new usage, then, but inherited from the days before ) that is, his tenth Acre, as the plough shall go: and let every custom be made good, super amicitiam Dei, for God's love to the Mother Church to whom it belongeth, and let no one take from God ( mark the weighty engagements still ) that which belongs to God and our Predecessors ( again ) granted.

CHAP. XV.

BUt none did more in this kind then the Conquering Dane. First, he sends from Rome, mindful of Justice here, to all his Officers and Ministers, threatening if all dues were not paid, particularly Tythes, the disobedient should smart from the sharpest edge of his severest laws. Secondly, when he came, ( Nec dicto fuit deterius factum, as saith the Historian) he caused all the ancient laws to be revised, especially those of his Predecessor Æthelred, (amongst which were for tithes, as may be remembered from but now) and Thirdly, by more assurance and past all conjecture he revived & awakened that notable past law of K. Edgar, made up of 3 parts twisted together for mutual strength, Rule, Punishment, & order for Execution; willing that men should pay; if they did not, they should lose 9 of 10. And who should see things done, but they who by their work were to be rewarded for their labor? Which was much, and as much as could be expected, in tender regard to what (of that little account is,) finds so much place, and in very fast and safe accordance to what had been before. Indeed it should be so: States should be constant. Not uncertainly whiffling up in loose and various decrees, but be gravely stayed and fixed to their received orders, Not giving the world occasion to think their Laws are Human Ordinances by this, That they change like men; but partaking in stedfastness with him from whom they are, resemble Him in Immutability who is the Same for Ever. Justice and Truth are never but the same; Why should then their Rules vary? The same thing cannot be right and wrong at times; why should the Lesbian rule warp hither and thither, as 'twere to say it is! It may make the jealous world suspect ere long that Laws are nothing else but witty devices to serve the contrivers own turn, if, like the sails of a ship, they may be shifted and turned hither and thither upon occasion: and cause them wish perhaps rather they had no ordinance at all, then what may be planted against their own safety; finding suspicion in the sanctuary of their refuge, and doubting what was given for their wealth may prove an occasion of their falling. The firmness of a public decree could never have found a fitter measure then that of the Laws of the Medes and Persians which alter not; whereto the world owes much of its happiness: nor can we ever hope for anymore certainty of anything we possess and call good on earth, then there is of Justice; and the rule and measure thereof is the constant Law.

This the wise and victorious Dane knew, (perhaps by cherishing such axioms and persuasions at home victorious) which made him strike in as much as might be with the past and established Laws, to shake the Kingdom the less by a Couqnest, and in their stability to provide for much of the wholes, and his own. As indeed this course often leaves a Kingdom safe with change of the head, and Government quiet upon any change of Governors. For the person at top is never so material as the diffused and coincorporate Law throughout the body politick, which settles down and is conveyed, as the branching Nerves, into every the remotest member of the re-public, and which if it suffer trouble by change, many a paralytical or spasmatical fit cannot but must needs go therewith, disordering the whole, and twinging the very heart; if these are forced out of the way, or suffer any considerable distention, laxation, mutation, obstruction, trouble or disturbance whatsoever; which also the next Norman Conqueror found or was taught; for the Nation that was in part willing (or were forced) to receive him, would never yet give consent that their laws (the sinews of the State) should be touched, which put him upon this hard Dilemma either to embrace These, or be rejected by Those, to let Them alone, or Himself never should have been quiet.

CHAP. XVI.

O UR next step (the last on that side the Conquest,) is to Edward, surnamed the Confessor; That blessed man was blest indeed to be the Author or instrument of much good to this endeared Nation. He first obtained help of God to remove and dispel that coacervation of tough humors about the throat, ( Strumae, the Physician calls them, and since from this accident of their cure, The Kings Evil: ) And, which was the greater miracle, obtained also the like wonder working power to be left inheritable by all his successors. He raised that stately and magnificent pile at Westminster, a Monument not only of his own piety but also a repository of the Monuments of Nobles and Kings ever since, who quietly sleep in that dormitory he reedified and consecrated to this use from Pagan superstition, and under his roof have found ever since their peaceable, safe, and everlasting habitations: He was so zealous and succesful for Justice, that when he was gone, the most people desired, was but right his way; And as Ziscaes Drum, (he being dead) charmed the enemy to obedience or flight; so the Concession of his Laws stilled their mutinyes often, whence, at their importunity too, they have been continued in the Coronation oath ever since. Lastly, his prudence discovered or acted it self chiefly in this, that, (treading in the steps of K. Knout before,) he dreaded exceedingly all perilous innovations, and whatever wit or passion might suggest to the contrary, knew it was safest always hearkening to reason and going in the way had been trodden; and therefore adhered to this rule by choice, that whatever others did, He would only be wise in the way of his Ancestors. To this purpose he caused to be searched, and by his authority reinforced the good old Laws of the Land, which, whatsoever forward men may deem to the contrary, is still likeliest to be the readiest way to men's great desires of Happiness, Wealth, and Peace. For if Justice be the preserver of order, that the parent of peace, whence wealth & riches follow: to disturb the Law the foundation and rule of Justice, can be no less then to trouble the pure fountain whence those precious streams must issue; whereas to keep that fast, is to hold the foundation sure, whereon all the rest either are or may be built. He then began not, but continued and confirmed this following order for tithes,

Behold here a plain law: as full as if it had been made in Consistory, as clear as evident and open words could express, as authoritative as might proceed from the King and his people, and as much to be reverenced as King S. Edwards Law: consenting much to what went before, and for what followed after, we know (and shall be made appear) has had as many after, successive, supreme confirmations as any public act of this State ever had: Except the great Charter: nay, not except the great Charter; into whose confirmation this was also by implication involved, and with it had life, strength, and fruit, even to the Petition of Right, as shall be hereafter shown.

It usually passes that this devout and wonder-working King was the father of the Common-Law, (which if, we see what shined from its morning beams,) and that he gave it first life and being of no praexistent materials, as I believe he did, as it was common: for he, (a little to step aside,) disliking the several ways of trial that had been to his time, That one should be tried by Saxon-Lage, another by Dane-Lage, a third after the Mercian: one punished by gildwit, another by lawslite; neighbors, for the same offenses, several ways, Amassed all both precept and penalty together under one general rule, and from the composition, indifferency, & use called the result by a fitting name (relating to whence it had come) the • now Common-Law: not but that the parts had been before, but he collected and imbodyed them thus, and from the composition and derivation gave this name. Just as the famous Justinian before, by help of Tribonian, Constantine, Theophilus, and others, winnowed the great heaps of the former Roman Civil-Law and of the near two thousand volumnes that had been 1400. years a laying together, sifted out some little for his use, that greed with the Genius of his time and affairs, calling the Collection, his New Digests or Pandects, a general Receipt, or All-receiving composition; And as was intended, (and in part perfomed) here at the purging of the Canon-Law in the time of Henry the eighth, (upon the striking of the Pope, the Head,) where it seemed good to the then wisdom of the state to limit by the prudent fishermen in the Gospel, who collected and saved the good into vessels, only they cast the bad away: Or as lastly law-makers have almost a law to themselves, to cull out no more then needs they must for rejection, the weeds and refuse; reserving all the good slips, and picking their posy as near as they can of new flowers growing on old stocks formerly planted, and hitherto preserved; so was done here. Our English Justinian (Edward ) made his new Digests (the Common-Law) out of those as it were Praetorian Edicts, Senatus consulta, Decreta Sapientum, &c. of British, English, Saxon, and Danish pieces which had been before, and was easier to order then to new make, and usurping to himself the power of a father, having digested it into his new form, called the product his new Common-Law. Whence or from how far came those pieces he thus made use of, would I believe prove a very hard question and not to be satisfied fully, unless we could recover sundry things utterly lost; Caput inter nubila condit, as he said of that river, their original is far among the clouds, and not to be revealed to us in any degree but from the things of Mulmutius, Dunwallo, Qu. Martia and such other as being thought of nowhere else in the world but here, are yet with us wrapped up under very hard names. Yet for an Essay, and because it hath not been attempted purposely by any, for varietyes sake, Take as followeth,

First, for granted, that, as before, the Confessor was but— Anglicarum legum legitimus restitutor, as an old book stiles him, the restorer, not the contriver of them; and a little more, that he had them from his Grandfather Edgar; from whose time they having been laid asleep (for 68. years) and buried as it were under the spoils of war, long silenced by the Danish tumults, He, by the advise of his English Barons, revived, awakened, quickened, and gave new life and vigor to their dull and fainting power, and from the office of a friend, Guardian or protector got himself the reputation of an Author, or first Father, setting them towards that state they have in some measure continued in ever since. But we begin not then: He this Edgar, had them questionless from his most noble Antecessor the pious, valiant, and wise Alfred, who what he did was remembered before, from Ina, Offa, Ethelbert, &c. to whose tendries he added what seemed fit of the Legislatives of West-Saxony: beyond which, and the farthest our inquiries go, and there they settle, must be the King Mulmutius, and the Queen Martia. These coined what had after many following inscriptions, and stamping for currant Law, what had been hitherto but prevailing reason, or arbitrary opinion, made that first draught whereof we have now any remainder extant, and that I believe with many alterations and Re-Reformations hath continued topical and national to us ever since to this very day. Seemeth this a strange thing? I invented it not: Good authority hath led or misled me; take account therefrom of each distinctly

First, for Mulmutius, Geffry of Monmouth discovers of him, That he was one of the first, that having subdued the whole nation, rendered himself glorious by the luster of a golden Crown, and made certain Laws, from him called the Mulmutian, which are preserved, ( and the Author lived since the Conquest, in some favor with Robert Duke of Gloucester, King Henry's son ) among the English to this day. Gildas the Wise translated them into Latin along time after they were written; a part was; That Temples and cities should have privilege of Sanctuary, and so the highways leading to them, and the plough, &c. And having reaped much peace, the fruit of his diligence, he was buried in London near the Temple of Love, quod ipse ad confirmationem legum construxerat. The late Dr. White of Basing stoke, his credit is engaged for much the same, adding, that what Guildas translated into Latin, Alfred did into English to be a rule here, (of whose borrowing from times past we spake before:) and Ponticus Virunnicus ( living too on this side the Conquest,) engages they were observed till his days.

Thus for the man: Now for the Noble and Masculine Queen Martia, the Loyal wife first, and after learned widow of King Gunteline, or Guiteline, (Remember both He and she lived before either the Conquest, Christianity (here) or Christ's incarnation; Mulmutius under the second Monarchy of the Persians about 430. before Christ: and this Qu. Martia soon after:) she was (saith the same Geffry) both noble and well learned in the Arts: Among other remarkable things she did, she invented that Law the Britain's used under the name of Marcian, (and from her no doubt might the Province of Mercia take name, a large tract of Land reaching from Lincolnshiere to the heart of England as now, and formerly known by this name, as all know that are acquainted at that distance:) which King Alfred among other translated, and called Pa Marchitie lage, as the print of Geffry hath, but the correcting Manuscript more fitly, Merchenelage, or Martian Law: and Pont. Virunnius, Matth. Westminster, and Dr. White come in also here with their subsidiary assents and confirmations.

William of Malmesbury, John Stow, and Polyd. Virgil, have the same, or much after the same, And so not very like all would take up error upon trust one after and from another; But the true pedigree of the Common-Law may, from beyond this Edward, derive itself (in some parts at least) thrice as far with show and probability. So like is that I say else where, There may be of Laws a Climatical fitness; They thrive best under such an aspect, and will hardly be pruned out: We have Native some things, and these Connatural, with other, whence they continue the same upon endeavor of removal, and still sprout out again to a kind of immortality. This by the way: Now to return.

Whether these things be of certainty enough or not, for the derivation of parts thus far, sure enough what is generally received for the whole, that the Common-Law, as Common, fathers itself on this King and S. Edward, as before; He made of severals this one entire Body, wherever he had his pieces; And so in this if we have it, we have not only Law, but to (create sure right in Temporals) Secular Law, Common Law, this our settled and long continued all-ruling, all-disposing Sovereign Common Law, and this in the infancy, life, vigor, and most powerful strength, and chief ruling, Raigning power thereof; and all this for what many take to be no other then some tyrannical imposition of some latter statute; yes so indeed, we have the morning beams of this Sovereign light to quicken to best and strongest most assured Right, This Right of Tythes; Let more or as much be shown for almost anything in this Kingdom or Commonwealth.

The highest other titles pretend to, or shelter themselves under, is but under the Conqueror; the most go not so far, and they are thought to aim at a very great distance that can but look thitherward; Insomuch that it became a doubt long since whether any Plea founded of right beyond, were to be hearkened to? and though the truth seems, it was, and many enjoyed on this side, what they had on the other, and had not forfeited by stubborn opposition; yet an excellent Scholar ( the Aristotle of our Nation, ) and a professed Lawyer, seems to give his opinion to the contrary, That save Church-lands, and those in Kent, all else had their rights drowned in that deluge, and save what was saved by mercy, the rest then perished: But now behold here not only a present and ancient title, but founded in the Common Law, and so long since as makes it to have overlived clearly that bloody battle; Planted there in words at length, by the composer himself of that Law, and so fully too as few things else are, and so by consequent, from the very beginning has a fairer, farther, deeper, and more spreading radication in the inside and body thereof, (as 'twere clasping in almost to another hemisphaere,) then most other lands, tenements, hereditaments, &c. can pretend to. A tempore coronationis Regis H. patris Regis E. was long since a good Plea, From the Coronation of Henry the third. And in Henry the third's time, from his granfather: But here is that overlookes those clearly, double and treble, From the Conqueror and before. What can, if this cannot, settle a thing by Law? to have its title thus written by the Founder Himself, in clear and evident Characters, even in the infancy and the very face of the Common Law.

And here then before we go any farther, let us a little stand still, and view the way we have gone, & what we have gained as 'twere in another world, before & beyond the Norman turn. Sure a Right; a firm Right: a legal, undoubted, public, Civil Right; as good as any had, as good as any could have, what grant and assurance could make over, and that public and strongest. What is that we own anything by but agreement? public convention! 〈 in non-Latin alphabet 〉 , as Marcian the Civillian spake from Demosthenes the Orator! which is that alone parts intercommoners, and is the bottom every ones Own rests upon: Now and this stands as full under, as powerfully and vigorously supports these thus apportioned Rights, as any other separate parcels whatsoever, we have made it appear so in those days. I look upon the Common Law in a twofold state, of growth, and perfection. 1. As an Embryo preparing to something, in rude and imperfect pieces. 2. As a child, like to be a man, formed to a being, and of some present power, and abilities. In each of which we could expect no more to appear for tithes then does; for whether we regard those native and as it were connatural genuine Laws of our Country as having distinct force, or as after amassed together into one community; the Several parts, made after into the Common Law, or the Common Law made out of those several parts, still, in All, tithes had a clear full mention and grant, And this to the Baptism of John, from the beginning of Any Baptism in this Nation. We have donation, we have confirmation; we have Law, we have penalty; we have Thou shalt pay, or, thou shalt be punished if thou do not pay: King Etheldreds Law, King Aelfwolds law, King Offaes Law, King Aethelwolphs Law, and also the noble Alureds, the most glorious Founder of our state, and government. King Edmond's Law, King Ethelstanes Law, K. Edgars, Knouts, the Confessors, and whose not beside the Parliament at Aenham, & other Parliaments, Princes, Peers, People, Lord's, Synods, Senates, What not? and all from as undoubted monuments of truth and assurance, as any the times do afford: He that will doubt these may as well doubt anything: whether those men were? whether these Princes reigned? whether there were an Heptarchy, and the wrangling, wasting, consuming parts did at last coalescere into a mutually preserving Monarchy? We have but credit of story and record for these, and so for them, and indeed for one part, as well as another.

CHAP. XVII.

C OME we next on this side the bloody battle, and Sanguelac conveys us over to no less assurance or clearness of strength on this side that strangely successful invasion. Non-revocation is first assured: for whoever heard of such a prevailing vote as this since the Conquerors days, quickened to life and power, that no tithes should be paid; Then for positive confirmations we have many: Ever and anon some new sinews of strength having been added to those were before, and repeated assurances of them coming in so thick and plentifully that they had need for their multitude to be sorted into parcels to avoid confusion.

1. And whereas of K. Edwards Laws Tythes were a part, as but now, our first search would be therefore, what notice and allowance is of Them, and Tythes in Them.

2. Next when and how the Consistory was erected, with its lawful powers, the proper scaen where these dues had motion and translation both as to stating their right and helping their Recovery.

3. What were the Collateral impressions of state in this interval, chiefly since the beginning of the printed statutes; as in Magna Charta, Articuli Cleri, Circumspecte agatis, &c. to the Petition of Right.

4. What is else abroad of Private stamp, but Public allowance, as among the great Lawyers, Cook, Fleta, Bracton, S. German, Natura Brevium, Book of Entrys, &c. On each of which heads is like to be found at least something and all hoped will be abundantly enough. In any whereof yet we shall not so much tie ourselves to follow our method as our business, rather choosing to let our matter lead us, then we forcing it; and always esteeming our method such a line of our own making, as that the compass thereof we may at any time without offense upon occasion transgress.

First then to King Edwards Laws, renewed, repeated, confirmed, and sworn as they were, (a good part of the accompt that is of those are very ancient being spent in the mention of them,) and some wonder it is to see and consider for some Ages how people's hearts were not so much bent towards, as set upon, and wedded to them. Fickle men! that use to love and hate in a breath; with no more constancy then the wind blows from such a set point of the Compass, Now for this, and Then for that; Yet such was their Immutable and Immortal love to their Avitae Consuetudines, as they called them, that they would not admit of any divorce from them; the sword of a Conqueror could not terrify from their embraces, and any restraint for a time did but quicken their appetite & awaken & enrage their thirst to call for them so much the more earnestly after, & indeed undeniably. It was harder to conquer These then the whole Nation besides: The people's hearts were soon quieted or subdued by one great Battail and a few other: But their affection to these was such, that ever and anon they were up in bloody Insurrections; They would not be denied their Laws upon peril of their lives, and still whatsoever bonds of agreement were made, none would hold; whatsoever peace was agreed on, none would last and be firm, unless These King Edwards Laws were the solder and braces as it were to keep all from falling back again to factions and fractions. So in K. Williams time, so in Hen. 1. & Hen. 2. So in K. Johns, so in others, till they were planted in the Coronation Oath, and there I believe lately they were in the last that was taken.

See of K. William first, whose Laws bear this title:

The Laws of good K. Edward which William the Bastard afterward confirmed.

The first Chap. After the Conquest of England, the said William in the 4 year of his reign, by the advice of his Barons, caused through all the shires of England, the Nobles and other the Wise-men and Lawyers of the Land to be summoned, that of them He might know what their Laws & Customs were: These being met, twelve of every shire; and having first taken their Oaths to deal sincerely, not turning to the right hand or to the left, adding nothing, detracting nothing, changing nothing, began with the Church: Quoniam per eam Rex & Regnum solidum, subsistendi habent fundamentum; Because this was the Basis and firm settle whereon all the Rest was seated, and her Laws and Liberties were (they say) as followeth;

2. Let every Clerke and Scholar, and their possessions wheresoever, have the peace of God and the Church: And so on to the eighth Chapter; for every tenth sheaf, tenth fole, tenth fleece, &c. as before, which is the particular Law we seek for here. That which might occasion this strict Survey, may have been, when he saw what was, to superinduce or conjoin his Norway orders; As well because they were his, and he was willing to govern by his Own, as because they were better and honester, as he pretended; But chiefly for that their admission would have removed one rub which lay in his way, and hindered the evennes of his path to the Crown by succession, which was his unfitness thereto by reason of his illegitimation; which, as Laws were here under the Church, scarce left him in a succeeding condition (to his Cousen Edward, for he entered not merely by Conquest,) whereas the Northern were in this regard more pliable and favorable. But when the people heard hereof, their rage was up presently, their swords by their sides, and spears in their hands, beseeching they might not be ruled by they knew not what; and when he denied, reinforced their bold requests, conjuring him by S. Edwards soul, who left him the Kingdom, (and this was a part of his title, glanced at before,) and whose the so much desired Laws were, that he would not force a yoke on them they were not able to bear, and like to gall their necks so much the more, because they knew not how neither to wear it. This he had in part promised before to the two greatest of the Hierarchy of Canterbury before they would lay down with their boughs their swords, but soon forgot his words as Conquerors use to do; But howsoever now no remedy, He must yield, and did once for all: Thomas of Cant. and Maurice another Bishop, writing them out with their own hands, and so they were taken up, Decima Deo debita, with the rest, and they shall be now observed forever. Such they may be, it is harder to conquer Laws then Men, and rooted usages having had time to spread and like, may contract such a kind of Connaturality with the place by consent, that though a generation of men may be cut off, These will not. I will not say, There is a Climatical fitness, and in such a place some love to grow; As of other things, There do influences produce and cherish, what being There prospers, being Away languishes, being removed sighs out fainting desires to return, like the Vine that by the Elm thrives best, (yea, mutually they cherish each other,) or the plants of Trinacria, which when that Island was cut off from Italy, (as ours thought from France ) reclined lovingly back to the place from whence they had been taken. No poisoned thing, they say, will live in Ireland: Creatures, their very nature is troubled, and they like to degenerate, when they change soil and climate: Some Northern Beasts are reported to alter (in time) removing to the South, and when from us to any other Country, against reason, yet more: As things, may not then Laws naturally love some Countries, desire to be there, prosper in that Region best, and thitherward therefore recline being separated? bewraying a kind of sympathy with the place, by that the place seems to want them, and they desire and make to it, resting and having a strange kind of complacency and delight (mutually) in that approximation! Many things we see we can give no reason of: but we Do see and know Native Laws settle (as in love) towards some places, Ours also so passionately called for Here, as to a despite of opposition, a scorn of denial; May there not then be a kind of sympathy, and Connaturality of Them with Us, we understand not?

Well: this formal Concession was upon this importunity howsoever made, but how kept? M. Fox says the truculent soldier feared not to perjure himself: (whence we learn, he had sworn:) Upon which endeavor of revocation, the people were soon up again under Edgar Etheling, England's Dearling as they called h • m, Fretherick The stout Abbot of S. Albanes, and Aldred B ^P of York being their Chief Counselors, Edwin and Morcar their Chief Generals. These would not bear their forced change of Laws; though Governors they stuck not so much at, neither was there any remedy but gratify their discontents with a re-Concession. The King enters parley with them at Berkehamsted in Hartford shire, where loath to hazard by the chance of an hour, what he had got not without the expense of blood, treasure, and so long continued industry; He condescends to hearken, as Rehoboam should, to his wise Counselor (the Arch-Bishop of Canterbury ) to yield to grant what 'twas dangerous to deny, and to be pliable for once to those must be his subjects forever: Non tam libenter itaque quam sapienter, as was said of him in another case, not so much willingly as wisely he made Concession, and being also of carriage fair, and of speech courteous, he so wan upon the old Abbot Fretherick, and all that were with him, that they were again content to put their neck into his yoke, so it might be the gentle one they liked of K. Edwards making. So said, so done: an agreement was thus made which ratified by Oath and vowed upon the relics of S. Albane, All were satisfied, and everyone went to his own home. Though this were not the only time or course of affairs that brought about the establishment of these loved decretals: Elsewhere also they were put into K. Williams Code, which willed them to be strictly kept by all, with only some additions in favor of the English, as in the Red Book of the Exchequer, lately published. Next him was William 2. of whom we have little account, but very like his truculent nature would put on for a return of his fierce Norway usages. More then like he did; for at the coming in of his Brother Henry, He was fain to stroke the people with a promise to release their heavy burdens, and that all things introduced contrary to K. Edwards Laws, should be removed, with a Re-Reconcession of them in their full force and virtue. A Monk of S. Albanes who was likest to know, tells us: He sooths the headless people, desiring he might be their Governor, and all hard Laws should be amended: They specify, that if they might be S. Edwards Laws, and he would allow them by his Charter (after made out into the great Charter no doubt) they would stick to him against his elder Brother Robert, now in the holy Wars at a distance. With all his heart; for he must, or no Crown: So he swore them presently, and was not after worse then his word: for he soon directed his Letter to the Sheriff of every Shire, acknowledging his Election, and confessing oppressions past, and promising relaxation to come, grants the Church her liberties, &c. and that all ill customs should be amended, &c. And coming to particulars, that all past murders should be pardoned, and future tried by K. Edwards Law, He after reaches in the whole: The Law of K. Edward I restore you, saith he, with all amendments mado by my Father with the consent of his Barons: which is the more like to be true, because besides this private Author, there is agreement of the public Tables in two Copies (with some small variation,) in the Books of the Exchequer, the title of whose second Chapter is, De Confirmatione Legum Edwardi Regis, as if that were the only business. Afterwards Robert came home, and they parleying of the great business at Northampton, fearing the people's revolt, he knew no better means to retain them, then by pleasing them with sugared words, telling them, His Brother was a Military man, He addicted to Peace: His Brother a new-comer, Himself known to them: The stranger was like to prove truculent, as arriving to them with his hands bloody from Syria, but He had granted them King Edwards Law, had sworn it them, had kept it them; It was his joy to remember the day when that firm and pleasing bond of friendship was contracted between them first, which also he wishit everlasting: And if they list to desire anything more in the same business, they need but ask and have; and thus were they enchanted to be his, almost against Justice: Parva Ieves animos capiunt; Good words go far with the multitude.

At King Stephens coming to the Crown, we find not much, but he swore the Liberties of the Church, and gave Charter of them, &c. He promised to reform the over-hard Laws of his Predecessors, and to mollify extremes under his Seal and Charter: which words considered, seem much of the import with the former. But before his reign was out, the Londoners were up, and made earnest request to Maud the Empresse, then, it seems, recovered to some power, and gotten thither, that these Laws of K. Edward might be restored expressly: quia optimae erant, & non patris sui Henrici, quia graves erant: whereunto she giving an unadvised answer, there rose presently such a storm of men's passions and arms both together, that she was glad, with disgrace enough to leave the Town, without taking so much as her Trunks along with her. In Hen. 2. (her sons) time, R. de Glanvilla was made Chief Justice. His Book entitled, Tractatus de Legibus & Consuetudinibus Angliae tempore Regis Hen. 2. compositus, has, for reasons I shall allege hereafter more seasonably, little of Tythes, Nothing of King Edwards laws, as that Book is come to us: But to the same Henry as Author, and the fame Glanvil as under him Composer, are ascribed this very Body whereof I speak, and under the same Head given by Ro. Howden the Historian; Though he▪ was yet, I take it, but the Compiler of them.

But now in K. Johns time arose those terrible tempests, were like to shake and overwhelm all, the noise whereof was heard all over Christendom; Neither was there any appeasing the storm, or settling toward peace and quietness, but by so far as these Laws had approbation. Matth. Paris tells us, that at the end of some broils, when the King was absolved at Winchester, he swore upon the holy Gospels that he would defend the Church and Church-men, &c. and revive all good Laws, especially King Edwards, abrogating all that were unjust: which I take it, was done not long after at S. Albanes, when peace was restored to all, and on behalf of the King commanded, that the Laws of his Grandfather Henry (of him we had but now) should be observed, and all hard Laws repealed throughout England: which when after upon displeasure it was endeavored to be revoked, the Archbishop follows the King to Nottingham, and so deals that that unjust purpose was revoked; and after, having found a Copy of Hen. 1. Charter (of which before) He takes aside many of the Peers, and thus bespeaks them: Ye may remember what was done at Winchester; How I absolved the King, and he swore to revive and preserve K. Edwards Laws: I have lighted upon a Copy of them; here it is, Hear it read, and let us make ourselves happy once for all by a combination that it Shall be observed. Hereupon he produces the Charter, word for word, the same as from Hen. 1. even to the particulars of a double mention and confirmation of K. Edwards Laws; and having read it and sworn to it and the Combination together, by the next news we hear of K. John, he is like to turn Mohammedan to shift himself of those troubles his inconstancy to these good Laws had wrapped him in. Nor ended the business so: The year following was a great meeting at Saint Edmundsbury, to force the King again to make good the liberties and those Laws: soon after Ch • istmas the year following, they come boldly enough upon him and demand the observation of them, and performance of his promise; when he craved time to deliberate; and meant but to delay, they smelt it, and assembled a great Hoast at Stanford, and coming after to Brackley, where they had a parley, offered a Schedule of their demands, containing the old Laws and Customs of the Land, and those are after said to be partly out of K. Henries Charter, (of which before) and partly out of K. Edwards Laws still. So that thus far plain and even way till among the Charters, and in Treaties and Consultations, Acts, Orders, Grants, and Demands, still these were a considerable part, the only solder to combine the disagreeing parts, of the brittle body Politique; and when the rage and fury of the people was up, nothing was so effectual as this, like cool water to sprinkle upon their raging fiery passions; Stroak them with a Concession of these, and they were calmed presently. I confess we are yet short of Hen. 3. whose was the ratification and renewed allowance only, not first grant of that our present laws take chief notice of, by the name of The Great Charter; But withal it is to be observed, that This was chiefly an extract of Those, and that which K. John confirmed by Oath, and his Barons contended for, and would not be denied to have made good in Deed, was but Hen. 1 ^s . Of which one that had searched and was like to know, tells us: Vere itaque haec (Henrici 1.) dici potest basis & fundamentum ipsius Magnae Chartae, quae ex parte maxima leges antiquas & Regni Consuetudines continebat, quamque Hen. 3. non confirmavit antequam per milites 12, vel legales homines uniuscujusque Comitatus per Sacramentum inquiri fecisset quae fuerant Libertates in Anglia tempore Henrici avi sui. So the Great was but taken out of the other Charters, renewing (with some variation) what they had granted before, and there is urged authority for that derivation, which their comparison and consent will well enough make good. Thus having brought these Laws among the Charters, thorough them, and to the last and Great; They now with ease and pliableness enough come along and have a place in the Petition of Right, where That was owned sufficiently, and as many Ratifications as there were intercedent, even Parliamentary, so many-must be acknowledged to fall in by the way (at least by implication) Hither: Of that great Law of Tythes I mean, which having so fair and eminent a place in K. Edwards, must also have as full and frequent a ratification all along in that bulk of laws so ratified, which justly occasioned this Narrative; And by it we see a a part of that strength the Law of Tythes hath on this side the Conquest, even in the Common Law still, by that it was part of it at first, and a very remarkable part of that is taken to have been the foundation and first rise of the beginning of the Common Law, and since hath, as now, been seen, allowed, and approved with it all along, with impetuous rage and violence called for by the people of the land, and they would never be quiet but under this Regiment, or without these beloved orders whereof Tythes were a considerable and eminent part. If they had been pressed upon them by those were interested by profit, or the tyranny of command from above had settled, or kept them upon their weak and declining shoulders, as unwilling as unable to bear, Reason would there should be at least some more color of struggling to free themselves from the force, and their hands have leave to loose their necks from the yoke of unjust imposition; But since they desired them, bespake them, contended for them, and would not be denied, but fought that they might pluck and keep that Burden upon themselves; what can be more equal then that▪ as their own act bind themselves, so their inheritors and successors also, and that whether to gain or to loss, yea, to loss as well as to gain, they stand to them, and every good man with his own whether Act or Right, sit down and Rest satisfied and very well contented?

Most things indeed find some opposition; few are so happy to escape altogether free, and some Persons may perhaps think good to doubt of All here: As, whether these references dispersed and represented as before, point to King Edwards Laws, or some other? which latter If, All hitherto would seem beside the Cushion. But in answer would be considered, 1. That no such thing appears as mis-application, neither are other with much probability suborned in their place. 2. The title, the old title, and that from as far as Roger Hovedens time, speaks for them, and plain, Hae sunt leges boni Regis Edovardi, &c. 3. Divers passages alleged, glanced at, and extant beside can hardly be understood but to contribute the strength of their Testimony this way. 4. To this also the likeliest guides have led us: M. Lambard, in his Edition; M. Selden, in his Allegations; D. Tildesley, Sir Henry Spelman, Sir Tho. Ridley, and of late D. Wheloc of Cambridge. Could all have been mistaken? Were they all in the wrong? Shall we take in a point of doubt the whole world of Learned men to be nothing else but a flock of sheep, wandering from the truth themselves, and leading others unto error that follow them? Take what we find: They are generally reputed His, clearly styled His, have continued to be reputed and styled so long enough, and naught appears clear to the contrary; and Why Then may we not Therefore embrace them for His, and Genuine, crediting the voice of the world? Which how, and why taken into the Coronation Oath, we may by these things, as they were, in part also conjecture. But of this hereafter, or as shall be occasion: In the mean time, of them, and of this Branch of Tythes in them, Thus much.

CHAP. XVIII.

S TEP we next into the Church, but by degrees, and taking in some such things by the way, as could not have found so fitting place elsewhere: As namely,

1. Remembered be it, that Tythes were paid under the Conqueror: They were so; For as well M. Selden hath it in divers particulars from the most authentic account of this Lands Survay represented in Domus-Dei Book, (others agreeing, and enlarging his proof:) As Matth. Paris consents, in thus relating a dismal Tragedy acted under William the first, about forcing Priests from their wives; They, saith he, (the Priests) grew scandalous, the people rose up against th • m, Lay-men fell aboard with the Sacraments, Any would administer Baptism, and then went Tythes to wrack: Decimas etiam Presbyteris Debitas igne cremant: They acknowledged their Dueness, but of malice they set them on fire, loath the scandalous married Presbyter should have any good by them, and yet afraid it seems to meddle with them for common profane use; And they that did so, in the next words we find treading the Sacrament under their feet.

2. Own, as about this time owned that Law of K. Edgar, avowed after by K. Knoght or Knout, and now renewed by the Norman Hen. 1. for rule, penalty, and order for execution: And this here assured from the best means of information, a double entry thereof in the Exchequer Book, among the fairest testimonies extant of the Land.

3. Add, not mentioned before, that which resembles a Parliament in the same King ( Hen. 1.) days, assembled at Westminster about the beginning of his Raign; where, for stating divers things then raised in doubt, among others was ordered Thus: Ut decimae non nisi Ecclesiis dentur: Let Tythes be paid to none but Churches; Supposing their Dueness, but limiting to whom they should be paid: They might Not but to the Church, Therefore There they Might; else the supposition had been a vanity, and the public voice said as good as nothing. Darkness seems to be over the meaning, (or what should be the import,) but light may be borrowed from the state of things then about; and I conceive of it and them thus. Then was not only started, but in a warm C • afe, the great doubt between the Secular & Regular States, about the due and immediate Receiver of Tythes▪ (not the Dueness, but the Due receiver;) and the claim parted between two, the Church & the Monastery: The last might have heard Saint Augustine, should say, Decimae suns tributa egentium animarum, (after taken into the Canon Law,) Redde ergo Tributa pauperibus, Libami • a sacerdotibus; And the Capitularies, That they were the vows of the Faithful, and the patrimony of the poor: Hence allowing the Churches claim indisputable, They might There, In signum universalis Domini, They doubted whether they might not also be paid in to the Monastery, and that duty of a Real confession of a Deity be sufficiently discharged in giving to Themselves, the poor▪ that whereby they might as well confess and acknowledge a Divinity and high Providence by, as by giving to the other Church-men? Now how votes the Assembly? Ut Monachi Ecclesias non nisi per Episcopos accipiant, afterwards, That none receive what was the Churches, but by the Church; (and then not to shave so close, that the laboring Minister might be to seek of wherewith to cover his Nakedness; a very conscionable and reasonable provision!) And here, Ut decimae non nisi Ecclesiis dentur: That is, Those Tythes that are paid, and openly known to be due, in exclusion of the Monastery (immediately,) let them be issued forth only to the Church. Another remote, mediate title they might have, that is, in the Churches Right, bringing them in in the Churchway, but of themselves they may not presume so high to lay any claim. Much more might be said, but this seems enough to enlighten the meaning of a dark Law, and as by all states equally and indifferently made, seeming to be universally binding: For it was not only a Synod, but a part-secular-Assembly: For, besides the Royal Authority, there was also the Peerage; I will not say, the Commons, but Primates Regni, which in some sense They may be styled, as the Heads of those they represent. Adunatum est Concilium; for more firmness, both states met, and united their Councils, to give things the more countenance and strength of universal authority.

But the chief strength of these Dues was in this Interval in the Church, and so properly to our days, and the discussion of them in its own sphere with Church-men only: For by this time they had gotten such a strength of credit and reputation, as well as power to be trusted with their own matters, and with the things of Religion, (their proper cure,) Tythes came in, as the support and maintenance, That now, grounding themselves upon the allowance and permission of the State, they might make Canons for themselves, and see them do execution, make orders for their Dues, and send for them in; and that ordinarily they did so, is sufficiently known to all that are acquainted with them, and the then transaction of things in this State. Do ye not know that the Saints shall judge the earth? (saith Paul) And if the world shall be judged by you, are ye unworthy to judge the smallest matters? Know ye not that we shall judge the Angels? how much more the things that pertain to this life! Lower, trifling, perishing things! Can a man be thought fit for Those, and not for These? Is it like that his discretion, learning, judgment, honesty, and universal integrity and sufficiency, should be an equal match for Heavenly matters, Divine things, Scripture-Oracles, reserved Mysteries, Articles of Faith and Religion, and yet he be unfit to determine in a few worldly trifles? Heaven is under his hand, and Earth above him! These and such persuasions wrought, it seems, upon the reason of those times, (to have the Ministers of Religion entrusted at least with their own,) and thus much farther and out of the way, that the Temporal Courts were then chiefly ruled by Ecclesiastical advice, Counselors, and Judges; the Council Table, Common Pleas, Chancery, Judges Itinerant, and even the Vice-Royes Seat being often filled with those men, whose breeding to letters, successful progress in them, gravity, piety, and more then presumed honesty, made King and people of all sorts think nothing so well done, as what they would set their hands to, and the government of no affairs so well steered and managed, as what the Teachers of Religion and Men of God, (to whom they had committed the government of their souls,) would condescend to stoop and interpose for the conduct and guidance of; But as to Tythes, sure their Jurisdiction, as things belonging to Religion, was now brought in from the mixed County-Court, and settled among them alone, Illâ se jactet in aulâ, Authority had said so, and given leave; And then, as the Lord of a Manor having authorised his Steward to keep Court, the Acts pass with his Authority, though by the others Ministry; So though Decrees and Determinations of emergent affairs were agitated by Ecclesiastical persons, and had their sentence and seal by their consent and mediation, yet the Supreme and Universal Power having given Commission, the things were authoritatively done, and regularly firmly enough Thence without any usurpation or irregularity, As in the Common Pleas, Seat of Assize or Sessions, where the Kings Substitutes did (whosoever or whatsoever) firmly enough by his power in his personal absence. Neither was this any wrong to Any: for so the public hand gave out Justice, what matter was it, which? So the Throne were established in Righteousness, what matter who the Supporters? So Right were done, which was the Thing whereof came the benefit, what matter who were the Ministers that gave it forth, whether of this sort or that, one or another? Though a fair presumption be still for him that wears the Gown, and turns the Bible; and generally even Human affairs are thought and found better stablished, that have their stay by Religion. In fact thus, Here it was so: that Causes Decimal moved in this sphere of the Supreme Powers Ecclesiastical Cognizance and Jurisdiction solely, properly and only; Neither may we henceforth expect, save in a glance or by reflex, any memory of Regular discussion and determination of them save in this compass: Or, as one Neighbor-Court takes notice of another, the Common Pleas of the Kings Bench, or the Chancery of the Exchequer; So the Secular whether Courts, Acts, Rules, or Decisions, took notice henceforward no otherwise of the duenesse or disposition of Tythes, then by a neighborly Reflexe, as the Admiralty takes notice of England's Common Law▪ or the County-Court did of the Bishops Vi • itation.

Here therefore it may not be unseasonable to give the Original of that Court, (which after á thousand others, would never have been so fitly called as by that proper name the Lawyers and the Law called it, of Curia Christianitatis, or, The Court-Christian, because Secular things (it should have been so) and of human life being referred to their Regulations elsewhere, where there was blessed Law provided for them, The things of Christ, the affairs of the Church, Christianitatis Jura, as they were styled, the super-inducements to the Civil state of Religion and Salvation, were here set a • ide to a select Committee by themselves, who by their rule should judge of Heresy, Schism, Apostasy, Scandal, &c. comparing spiritual things with spiritual; Neither was the purpose of erection, the natural Jurisdiction, the lawful bounds, or intended first power as far as I could ever know or learn, meant of any excess beyond this compass: Men might be irregular, and their courses exorbitant, Themselves wild, but this their first and intended, allowed path: It may not be amiss therefore, I say, to give the Original of that Court,) its rise, growth, strength, and first power, when and by whom set up, and to what likely purpose: All which, may not be better sought then from the very Patent of Erection, which here therefore, (and because it is some rarity, at least not vulgarly known) from suggestion of good credit, I give and exhibit. The Law of Ciroumspecte Agatis was directed to the Bishop of Norwich, and the old Charter upon Record to the Sheriff of Herefordshire, yet so as either the power and virtue of each was meant to reach to all, or, Mutatis mutandis, several like Copies were sent: So here to Remy Bishop of Lincoln; but it was the mould of all Ecclesiastical power. The Charter speaks thus:

Wilhelmus Gratiâ Dei Rex Anglorum, Comitibus; Vicecomitibus, & omnibus Francigenis & Anglis qui in Episcopatu Remigii Episcopy terras habent, Salutem. Sciatis vos omnes, & caeteri mei fideles qui in Anglia manent, quod Episcopales leges quae non been, nec secundum fanctorum Canonum pracepta usque ad mea tempora in Regno Anglorum fuerunt, communi Concilio, & Consilio Archi-Episcoporum meorum & caeterorum Episcoporum, & Abbatum, & omnium Principum Regni mei, emendandas judicavi. Propterea mando, & Regia authoritate praecipi • , ut nullus Episcopus vel Archi-Diaconus de legibus Episcopalibus ampliùs in Hundretto placita teneant, nec ca • sam quae ad regimen animarum pertinet ad judicium saecularium hominum adducant, sed quicunque secundum Episcopales leges de quacunque causa vel culpa interpellatus fuerit, ad locum quem ad hoc Episcopus elegerit, & nominaverit, veniat, ibique de causa sua respondeat, & non secundum Hundrettum, sed secundum Canones & Episcopales leges rectum Deo & Episcopo suo faciat. Si vero aliquis per superbiam elatus ad justitiam Episcopalem venire nou voluerit, vocetur semel, & secundo & tertio; quod si nec sic ad emendationem venerit, Excommunicetur: Et, si opus fuerit, ad hoc vindicandum, fortitudo & Justitia Regis vel Vicecomitis adhibeatur: Ille autem qui vocatus ad Justitiam Episcopy venire noluit, pro unaquaque vocatione legem Episcopalem emendabit: Hoc etiam defendo & authoritate mea interdico, ne ullus Vicecom. aut praepositus, aut Minister Regis, nec aliquis Laicus homo de legibus quae ad Episcopum pertinent se intromittat: nec aliquis Laicus homo alium hominem sine Justitia Episcopy ad judicium adducat; Judicium vero in nullo loco portetur nisi in Episcopali seed, aut in illo loco quem ad hoc Episcopus constituerit.

This is by good information the erection of the Court-Christian: Before which, things (Tythes) were handled in Conjunction with other matters, at one meeting under several persons; but here their Jurisdictions were parted. There seems observable in this Concession:

1. That the Royal power acts, and derives this Authority and leave to exercise Jurisdiction, and where, and how far, from itself: Mando, & Regia authoritate praecipio. For Quis? Who is to grant here Liberties but the King? says Bracton: He speaks it of Lay, but who sees it not to be fairly interpretable a part of Lay-business to oversee and appoint Church-men what they should do, to direct and order where they shall speak, and treat, and act, or where not, if the manner or consequents foreseen import just fear of trouble or disturbance. Neither is this an usurpatiō or incrochment upon what is of spiritual office, anymore then for David or Hezekiah to appoint the Courses of the Priests, How their Ephemerides for divine services should be observed, for Solomon or Joshua to rule All Israel, or, amongst us, a Church-Warden to examine, and grant or deny a man license to Preach, where he has power, and he is entrusted with the peace and order of the place, which is not to meddle with Preaching, but order about it.

2. That Royal power was full: for it was done in Common-Council, Communi Concilio, & Consilio (by the advice) Archi-Episcoporum, &c. Et omnium principum regni mei, All the Chiefs of the powers about him.

3. The things limited to be directed about, were merely spiritual, quae ad regimen animarum, no danger or intent of meddling with affairs of the Common-wealth, or interposing in business of Lay fee. A very good, and the best boundary of this Jurisdiction, and which alone secures extravagancy, from power to disturb in secular business, or so much as meddle with merely human affairs or interesses: whereunto the title also of, The Court-Christian, or of Religion, should have not a little furthered.

4. The remedy upon contumacy in not appearing, was proper, of Excommunication: Peters only sword he might lawfully wear and use, and this but only by the Kings Commission.

5. Yet the King assists him in the use of this, and comes to relieve his spiritual by the temporal, if need be. For the sword should back the Word, yea, gladius gladium juvat, intwisted power is strongest, and needs to be mutually assistant one part to the other.

6. No Lay Judge was to intromixe: What needed? the things treated on were, or were to be Ecclesiastical, and of another sort: They had their shop by themselves, and work to do, and each his own proper and fit; And it has been the great wisdom of the Nation to keep them apart, every several thing by itself, that no work or power should cross another.

Object. Some Objections are from a name not to be despised: as the time of inrolling, not before R. 2. time, and some oblique contradiction from the Red Book in the Exchequer: as if by these the Patent were not authentic: But,

Ans. 1. Scarce is there anything but somewhat may be said against.

2. At fair distance enough is the time of inrolment, sc. Rich. 2. and then it was but enrolled.

3. The preserver with the place of preservation are of much moment, scil. in the Tower, by the King: neither of which but gives much of presumption against forgery.

4. And other transcriptions do also agree: Manuscript, like this, and of those several kept too where least suspicion of forgery is again, in Registers. As those of the Bishop of London, and Archbishop of Cant. In which last Robert Winchelsee so long since as in Edw. 2. time, (and so long before Rich. 2. as in his great Grandfathers days) settles his draught of Articuli Cleri upon it, Presented to Edw. 2. as the grievance of the Church, and in his ninth year assented to for remedy.

5. M. Selden (a great name) questions it not. He made use of it thirty years ago publicly enough: He since exhibited it to view in the edition of Eadmers History, and has not (I believe) yet manifested any revocation of opinion.

So that I see not but we may set down this for the Bishops Patent of Jurisdiction, authentic enough, so long as he had any, and the first foundation of the Consistory, or as it was called Curia Christianitatis, in England the Court of Religion: not unfitly remembered here as the bottom of that power whereby the right of Tythes was with us discussed, and themselves recovered, as they had been, and were after, (as shall continue to be shown,) stated by the Law. Whereunto there was also successfully and ere long such following and thronging recourse, that the great Inquirer here last mentioned finds it a task worthy his painful search and curious diligence, whether, after, the right were regularly handled under any other Jurisdiction? He finds sparingly some instances, as about Hen. 1. and his successors time till Hen. 2. and K. John: But since only in fives cases. 1. By way of prohibition upon a suggestion of a Modus decimandi. 2. In a writ of Indicavit: (But neither of these were at first instance.) 3. By Scire facias from the Chancery in some aases. 4. In some other by process of b • re command. And, 5. By virtue of the late Stat. of 32 Hen 8. and 2 Edw. 6. No more: And these were but some scattering exceptions from the general rule neither. He prefaces that inquiry with these words: It is clear (saith he) by the practiced Common Law, both of this day, and also of the ancientest times that we have in our Year-Books, that regularly the Jurisdiction of Spiritual Tythes (that is, of the direct and original question of their right) belongs, I think as in all other states of Christendom, properly to the Ecclesiastical Court. And the latter Sta • utes that have given remedy for Tythes infe • dated from the Crown after the dissolution, leave also the Ancient right of Jurisdiction of Tythes to the same. He inserts after, that since about K. Johns time Original suits in T • mporall Courts for Tythes have been rare: Adding 〈…〉 discourse of the Indicavit, and changing the proportion of the dues of a Church to be the ground of it by the Statute of West. 2. cap. 5. that long before, Tythes were demandable of the owner detaining them, of their own nature, and pleadable in the Spiritual Court, and there only; and concludes, that since 22 Edw. 3. there have been no Original Suits for Tythes in Temporal Courts, saving only upon Prohibitions (at second instance,) and by the Stat. of 32 Hen. 8. and 2. Edw. 6.

It is some difficulty to understand learned men; but the consent these things seem to have with the truth, and have both among themselves and with other of like nature abroad, renders it hoped there hath been here no mistake; which if, Then hath been gained 1. The erection of the Court Christian by Will. 1. 2. The transaction of Spiritual things there, even though formerly under the cognizance of the Common Law and Lawyer immediately. 3. Tythes, (as Spiritualibus annexa, and evidently belonging to Religion, and thence within the compass of the Canons,) To move here as in their proper sphere. (Remember their Right was well enough provided for before, Here were only to be some emergent decisions for their regulation, or Recovery of stated dues.) 4. The Lay Jurisdiction outed as to cognizance immediate, direct and ordinary. 5. In practice things have been no doubt according. 6. And therefore we must now chiefly for a while attend the Church.

CHAP. XIX.

W Hich we shall in two parts: as well to the Jus dare, as Ius dicere; to what we find in this Interval to have been Legislative, as what was Executive; Giving more largely what belongs to the former, wherein was used the allowed power given in Regulating the Rule, framing Canons, or setting or keeping to right, that Law was here the rule of Right, but more sparingly touching at the later which concerned known practice: For, that such Courts were kept, is a thing vulgarly and to all known; That a discussion was there, and a sentence the ground of Right and Own, the Lawyers of the other Gown will not deny; That things were there disposed, transposed, and settled to full property, the event did show. Of this therefore the more sparingly, which is known and did but help to Recover Right; That which Gave it, being more proper for us, and both fitly ranged under that general head of what was done by that power we are now confined to, which is Ecclesiastic. And here first,) If the Synod at Westminster, whereof before, were but a Synod, remembered be it and granted hence, what authority it must then have had: And likewise another more clearly a Synod under the Conqueror, but written in Saxon, where, (divers laws preceding of fasting, alms, penance, &c.) we have, Le • Tythes be paid of all that is possessed by the Lord's bounty.

In a Council at Clevemount in France, one Canon was, Unaquaque Ecclesia decimas suas habeat, 〈◊〉 ad a •• am transferantur. Let every Church have its own Tythes without confusion: Which would not likely have been taken notice of in our authentic story, if it had not concerned us, as indeed it did, and was no doubt of Catholic observation.

In Hen. 1. time, I find it decreed in a Council held under William the Archbishop about the year 1129. De • imas • icut. Dei summi Dominicas ex integro reddi pracipimus. We command they be fully allowed a • the Lord's Demo •• es.

In another at Windsore▪ about then is this Canon: Ut Laici decimas reddan • sic • t praeceptum est: That Laymen pay, as is commanded. (I am now transcribing, and so hastening: It will not be long ere we get on our own wings again.)

Alberique Bishop of 〈◊〉 was • egate here under Innocent the second, in K. Se • v • nt 〈◊〉 , and He held a Synod in Anno 3. where is this Canon: De omnibus Primitiis rectas decima • dari Apostolic • a • tl •• ritate praecipimus, quas qui r • ddere no ••• rit, Anathema • is in enm sententia proferat •• s. Let him that pays not be Excommunicate; where it seems Primi • i •• must be understood for every new years increase.

In Eugen. 2. time, about the year 1147, under the same King was held a Synod at Westmiuster, wherein tithes are disposed of. It has no more then a supposition of them, and that the Church disposed, which may yet crave place here as not of no consideration Nullus Abbas, Nullus Prior, Nullus omnino Monachus aut Clericus Ecclesiam sive decimam—sine Episcopy Consensu, &c. And two years after in another Synod there to the same purpose: Ut nulla persona Ecclesias vel decimas accipiat—sine authoritate Episcopy.

By the way, we may not about these times much look for set and purposed binding Laws about Tythes; They needed not, For Such had passed before, sufficient to raise and assure a Due: But only to Regulate, dispose, or determine about emergent controversies, concerning them, and these not wanting.

In Hen. 2. time, I find Alexander the third directing several Constitutions (for that force his Orders had here) to the Bishops of Canterbury, Winchester, and Excester. They are taken by Gregor. 9. into the body of the Decretals, and no doubt had their power and found obedience here: for where the Kingdom did not cross, the Canons were, and it seems by the Proviso of 25 Hen. 8. 19. are binding Laws. And let no man object here the usurpation, or allay of credit from foreign authority: Things so settled do, no doubt, often contract a right in Time, which (if the power be able to support and bear itself out,) doth with continuance grow up and solder into strength and firmness enough, able ere long to walk the world without guide or aid, or we have little of stayedness and solidity here in England. If we go about to undo all (of secular depending on sacred) which had its first rise, and that whereby it yet stands, from Rome, We need not go beyond Sea for Babylon, it will come home shortly to us, and we shall have confusion enough within our own Thresholds. Though we do not in present, we must allow of many things done heretofore and settled by usurpations, proceeding as well from abroad, as exercised at home, or the fruit of weightiest transactions will be robbed away from us, perhaps the pillars of the Common-wealth shaken. As to those three Epistles, the first of them gives order as 'twere by a binding Law, thus: Pervenit ad nos, &c. Mandamus, quatenus Parochianos vestros monere curetis, & si opus fuerit sub Excommunicationis districtione compellere, ut de proventibus Molendinorum, Piscariarum, foeno, & lana decimas Ecclesiis, quibus debentur, cum integritate persolvant. It was for four sort of Tythes to be paid, of Mills, Fish-ponds, Hay, and Wool: having after monition, Excommunication to refusers.

The next is to the Bishop of Winchester: Nuncios; & infra. Mandamus quatenus Parochianos tuos de apibus, & de omni fructae decimas persolvere Ecclesiastica districtione compellas▪ for Bees, and Fruit.

The last to the Bishop of Excester: Cùm homines de Hortona, de frugibus, novem partibus sibi retentis, decimam Ecclesiae cujus Parochiani sunt, sine diminutione solvere teneantur; & antequam id faciunt servientibus, & Mercenariis suis de frugibus non decimatis debita totius anni pro servicio suo impendant, tunc demum de residuo decimam solventes, Mandamus quatenus eos cogatis, ut decimam statim fructibus collectis persolvant, atque de subtractis & retentis dignam satisfactionem exhibere procurent. It seems they were willing to deduct the charge of the Fermage before they marked out the Tythes, paying their servants out of the fruit for the work bestowed about them, and so apportion only out of the free bounty of heaven, a thing much stood upon, and by this Law stood against, which willed the tenth of all as it grew, and so was the pattern of the Old Testament: Their seed and labor were also chargeable, yet they were bound up, of All, without any deduction: And if Jehovah gave them their land, which, (presuming they would sow,) he might the better expect a charge from his own gift, This exaction is no less reasonable, or more burdensome from us who Give nothing (of our own,) but issue out only what was Given and set aside by others; it Jehovah required to be restored back to him of his own, we do but pay what others of their bounty Gave, And therefore with them as to separating anything we are possessed of in full title as our Own. Jam sumus ergo pares.

Out of the Canon Roger Howden points us to another plant growing in our own soil, which no doubt lived to take fruit downward, and bear fruit upward; and it was set toward the end of this Hen. 2. time by Rich. Archb. of Cant. in a Synod at Westminster the Lo. day after the Ascension, where (the King and his son being present) passed thus: Omnes decimae terrae sive de frugibus sive de fructibus, domini sunt & illi sanctificantur. Sed quia multi modo inveniuntur decimas dare nolentes, statuim • is; ut juxta Domini papae praecepta admoneantur semel, sec • ndo & tertio (according to the High Commission before given out by Will. 1.) ut de grano, de vino, de fructibus arborum, de foetibus animalium, de lana, de agnis, de butyro & Caseo, de lino & Canabe, & de reliquis quae annuatim renovantur, Decimas integre persolvant: or if not, Anathema. A full and plain Law, speciatim for Corn, Wine, Fruit, breed of Cattle, Wooll, Lamb, Butter, Cheese, Flaxe, Hemp, and all that grows and renews yearly, &c. and of what power in the state, may be guessed both by from what before, where the Superior Powers had joined to intrust the Church in such matters (which implies their authority still;) and further here the K. and his son gave the present countenance of their persons to patronize and establish it. And heed also the Dueness supposed in the beginning, they were not now so much willed to be paid, as shifters to be brought in to discharge of known duties. Elsewhere also in the same Author, Hubert Arch. of Cant. kept a Synod at York the Tuesday after Saint Barnabies day, 6 Rich. 1. where one of the binding results of Council speaks thus: Cum Decimae sint tributa egentium animarum, & ex praecepto Domini dari debeant, non est reddentis ease diminuere: Therefore all to be paid without any diminution for Fermage, of which before, entirely. And much severity is again in another Provincial of the same Hubert afterward, with Excommunication to those should withdraw any thing to pay the Harvest-man's wages, or the charge of newbroke grounds, or not to the Parish Church, &c. But because this meeting was against the Lord Chief Justice his Prohibition, and so had not the authority of the secular power, I pass it over: though then it were of some doubt whether such meetings were valid, which is since clearly resolved that they are not, by the Statute 25 Hen. 8. 19. And so for another Canon against whether Templars or others should receive Tythes from Lay-hands, in the same Author.

To some time of Hen. 2. is referred a Council Lateran under Alex. 3. limiting the former liberty of paying to Any Church, to the Parochial, as fittest to have benefit, and nearest to take the dues up: though later and quicker apprehensions remove the scene to Innoc. 3. who in K. John's time expressed his single will only from the Lateran Church. This gave the mistake, or might well. M. Selden has it from the print, and the Lo. Cook from the more authentic Roll in the Tower, speaking fully what a papal Constitution might, and no more, thus: Pervenit ad audientiam nostram, quod multi in Diocesi tua Decimas suas integras, vel duas partes ipsarum, non illis Ecclesiis in quarum Parochiis habitant, vel ubi praedia habent, & à quibus Ecclesiastica percipiunt Sacramenta, persolvunt, sed ease aliis pro sua distribuunt voluntate. Cum igitur inconveniens esse videatur, & à ration dissimile, ut Ecclesiae quae spiritualia seminant, metere non debeant à suis Parochianis temporalia, & habere: Therefore proceed according to the Canons, and see obedience yielded by Church-censure, &c. Dat. Lateran. Nonas Iulii.

Here, they say, was first a Parochial Right established: And if so, a Right; which I think none will deny, and is all I contend for: and the Lord Chief Justice grants it his way; though not by force of the Decretal, yet as Just and Right it was allowed, and so became Lex terrae. Any way serves the turn, and if the Position, much more the Supposition: If a Parochial right, then a Right, at least. Review some of the words: to which purpose, The grievance complained of was, that Many did not pay their whole Tythes, Decimas suas integras vel duas partes ipsarum —to their own Minister, but at pleasure: So they paid, the thing was done, And this the height of what I reach at.

To the same Kings time also I refer another Decretal sent hither from Innoc. 3. to the Bishop of Eli, which had no doubt the same force here, not for right of Tythes (which remember had been before established, and was now but made Parochial; More then To Tythe, To the Parish Church, now growing as common as to enjoy,) but to satisfy a doubt that might arise about the manner of Tything, and wills no deduction should be for Mils and Ponds: (And still remember also by what immediate consequence the supreme power went on confirming All, whereof we read no contradiction.) Pastoralis Officii, &c. Explicari postulasti utrum quis possit de molendinis & piscariis necessarias expensas deducere, priusquam solvat decimas ex eisdem, sicut est in negotiatione concessum? But it is long, and I refer to it. The foreign power does somewhat again here blemish: but remember again too what before, and add the so often mentioned confirmation to us of Hen. 8. If a steward can do nothing, yet if a Lord ratify, the Act is good: If the Chaplain be over-busy in a family, yet if the Master confirm, now 'tis valid, though the thing were besides his Cure: So if the Pope meddled with that he should not, the King and State looking on, and not contradicting but consenting and approving; Here seems now a consummation of all-sufficiency of power at the first, and time going on to ripen what at first production was but raw, a growing up to all perfection. And so in that which next follows which I take to be of the same to the same, wherein resolution was given about new-broke grounds, supposing, I understand the Tythes of a place to be payable to a person, or Church out of the Parish, who should then have those new Tythes? 'It is answered in favor of the Parish Church there, That Church; unless the forainer can show a very fair plea for them: Cum enim perceptio decimarum ad parochiales Ecclesias de Jure communi pertineat, (so far it was gone then,) decimae novalium quae fiunt in parochiis earundem, ad ipsas proculdubio pertinere noscuntur, nisi ab his quae alias percipiunt decimas, rationabilis causa ostendatur, per quam appareat novalium ad ease decimas pertinere. Since of Common right Tythes did belong to the Parish where they grew, The new-broke grounds must tythe thither also, unless very sufficient reason can be shewn to the contrary: This the substance.

But the strongest and most vigorous Constitution which with life and power hath acted among us, and indeed was the late seen and looked upon Rule and Law to guide All, was that Canon of Rob. Winchelsey, as it is usually styled, though Lindwood (the setter forth) says he found it in some Books ascribed to Boniface (of the same See,) or as in one very ancient copy, Constitutio communis Episcoporum congregatorum apud Merton in Communi Concilio; as if so, it was the stronger, an act of the whole Convocation. But whose soever it was, it was about those times. (Remember Rob: Winchelsey entered his charge Anno Domini 1293. about 19 Edw. 1. and ended it about 1312, and 4 Edw. 2. and so we are, as we took leave, a little without the strict bounds of our method, behither M. Charta. ) The words are as followeth; (and I English them for the use of every Reader.)

I have both transcribed at length, and translated this, as I said, because it is the chief Law, whereupon (immediately) the dueness of tithes is grounded and known by the Canon: as to the Regulation of the manner of collecting this prevailing, though not as to the dueness itself; for this, as hath been shown, was secured before, and therefore the law begins with supposition, and blame, that men did not Pay as they ought, which was here intended to be remedied. And for the sufficient authority hereof, we need not much doubt; for Lawyers and Men were awaked both then and ever since, & would not through ages and generations have been frighted or cheated with mere empty shows of Paper Canons into a foolish & childish awe of what was but terrible. They knew no doubt, from time to time there was strength enough (with help of former grounds) to carry things on and force them, if any rub of opposition were laid in the way, which made them pick a virtue out of that was indeed a kind of necessity, and do with seeming willingness, what if they would not, they must and might have been compelled to. Other Constitutions are also about the same time, but not of so great moment; yet, because they have some force, our niggardice shall not suppress what may be pleasing, profitable, or in any regard useful. The next is about Cattle removeable from place to place, and hath virtually six propositions.

This I said, is but supplementall, for parting strife. Men would be ready to require their dues, and every honest man should be as ready to pay; but occasions requiring them to chop and change before the year came round, this was an equal and conscionable both provision and praevision, to set down beforehand a fore-appointed rule what either should expect, and so part strife before it was begun. A summary confirmation of all which before, and more distinct recitation of some things, is in another of the same Author following:

These three Constitutions (Decrees, Statutes, Laws, Orders, they were for payment, call them what you will,) were in one man's time, and about the parting of Edw. 1. and Edw. 2. Raigns: which (it seems) did not yet so remedy things as to prevent all future broils. A thing impossible: Contentions will last while the world: Laws can never reach their full intended force and operation in quieting strifes, and calming the storms of men's rage and wrangling passions full and wholly, but ever and anon they will break out to mischief and disturbance: the Root is in our corrupt nature, which will not but have Spring at some time of the year or other to shoot forth and fructify unto grief and trouble, in resemblance of the earth, cursed for our sakes into a proneness to weeds, and most Natural feracity of Briars and Thorns. We shall find this disposition generally received through the world, that most men are more quick and nimble of the receiving hand, then of the giving, and though they be the words of the Lord Jesu, That it is more blessed to give then to receive, yet they will take the contrary by a bold inversion, and think it better howsoever for them, to Receive then to Give. Of the same extent is also this Constitution of things, That where many are to pay known dues, some will be found backward, standing off as far as they dare till necessity constrain them to come in; Which makes it a rare instance but if any be to receive never so known dues, some will fall short, at least there must be wrangling with a multitude, and this shall be hardly avoided with some, whosoever hath to deal with many. A fruit of our corrupt nature; mourn we for it in private, and sorrowful mischance to many of all mankind, condemned hereby to live as it were in fury of a tempest, in the flames of passion burning and renewed to the mutual torment of One another: A great disturbance of the quiet and peaceable world, and unfortunate occasion of many troubles to many, who being of themselves not disposed to trouble, are yet (by the things they have to deal with) forced beside their nature, and by the cunning craftiness of those that lay in wait to deceive (whose versatilous shifts are hard to be avoided) often put upon this Dilemma, of either gaining contention, or losing right; and if there be but one of a multitude disposed to wrangle, he that hath to deal with All, must oppose that man and bear half the blame; and as suits and troubles increase with his unjust vexation, his seeming guilt increases also. If this were not, we should have much toward a quiet and thereby happy world, approaching the simplicity of the golden age, with return of its peace, calmness, meekness, love, and a constant serenity of all things; A blessing so highly enriching, that it seems the wise Providence above does not think fit to trust, or rather tempt us with, because perhaps beyond our power to manage or bear so great a happiness. Which aptness to contention shown itself soon after the Canons formerly made and mentioned, divers seeking shifts to evade and disappoint the clear intent of those plain and well-meant Laws, so plain, one would think, that there were no way left to delude or shift from the meaning and purpose laid forth in such plain and perspicuous expressions: Which awaked also ere long after that, the watchful prudence of him sat then in highest place of power and trust for such things, to cast the best he could to advance ready justice, and yet further prevention of all disappointments thereof. In time it follows (as in place it goes before, in the same Lyndewood ) those we have given, and was intended to strike off their exceptions, who could not deny their dues, or to set them out, but they would hinder those should fetch them from coming upon their ground, without which they could not obtain them effectually, unless they had gloves, stockings, or some other such bribes given them for the quiet delivery of what they acknowledged due; which if they had not, they would purloin or corrupt, or one way or other disappoint the true and rightful owner. O malice, whether wilt thou! O guile, when wilt thou leave working! O fraud, deceit, and wretched covetousness, when will you cease your injurious combinations! O cursed craft, and griping, shifting, over-reaching worldly-mindedness, when will you give over to disappoint the best-meant Laws of men, since your use hath been of old to pervert even the Righteous ways of the Lord! The remedy was here, as in former cases, the severity of Excommunication: Nos igitur perversorum damnabilibus consiliis salubre remedium imponere cupientes, nihil novum statuentes, sed antiquorum Canonum statuta in medium deducentes, (mark that, no innovasion) universos & singulos hujusmodi instigatores, impeditores, & alios supradictos, &c. to be fast locked under the heaviest of Church-Censures, and not released from that Bond of God, save at the hour of death, or upon promise of amendment with satisfaction. Yet this helped not all: The wit of malice that pierceth deep had found out another nest of manifold devices to hinder the course of right by these four disturbances: 1. Paying but the Eleventh for the Tenth, in regard of Summer-charges, &c. 2. Dividing but not marking out the sheaf, and then molesting the taker of it away as for theft. 3. Arresting the workmen for taking the convenientest way. 4. Forbidding to take what was ready, till the whole field was rid, which occasioned much spoil: Against all which is drawn the glittering sword, of which before of Church-censure, and the power used (lavishly) enough which should not be used upon trifling occasions. Excommunication is a heavy doom, 'tis hard it should be laid on for trifles, as the petty things of this world, or the powers of the world to come drawn forth to vile and sordid profanation, degraded below their due value, and highest worth to serve any ends which are not spiritual.

CHAP. XX.

H Ave we yet done? no; we are now but to begin another tedious wrangling controversy about Tythe-wood, and this indeed lasted long with much violence between the parties contending, till at last it settled (well near) in the binding statute of Sylva caedua. The grievance on the Churches part was this; That whereas less charge was in manuring for Woods, and longer expectation for one Harvest in many years, yet disbursements for the felling, &c. were claimed to be allowed when it came, before the Tythe set out, and the Country, which was worst, had a custom for this unreasonableness. No such matter: The continuance of the disease did rather call for a more speedy remedy, which it had, and therefore is first determined what Sylva caedua was; Quae cujuscunque existens generis arborum in hoc habetur ut caedatur, ('twas let grow to be cut,) & quae etiam succisa rursus ex stirpibus aut radicibus ren • scitur, (being cut, it grew again afresh:) and then that All should be tythed as it was felled; or if not, proceed to censure as before. But this it seems the State would not allow; for the inconveniences emergent occasioned that complaint put up by the Commons then sitting in Parliament for remedy: And so the year following, sc. 18 Edw. 3. and three years after again, sc. 21 Edw. 3. and four years after that, 25 Edw. 3. and yet not full remedy till about twenty years after, scil. 45 Edw. 3. where ordered in Parliament, and ordained:

This was intended a final end, but it seems was not: some doubt sprung out afterward upon pretence this was not an Act, but an Ordinance, whence a return of the former circulation of things; occasion given, discontent arising, dislike, trouble, and complaint for remedy. How it was pacified I find not, but have heard that the Statute (or but Ordinance) prevailed: A sign that it was strengthened with some additional sinew of new and fresh authority, forasmuch as what we see prevailing in Law, we may well suppose some Decree to have ushered the lawfulness thereof; and if upon altercation, the scales hanging even on both sides, one does at last evidently preponderate, some weight of auth • rity may be thought likely to have been thrown into that scale we see settle and keep the advantage, and That is it there keeps and settles it. So likely it did here; and in and from this agitation of things, and so as they did settling, this seems observable, and not to be passed over: The Temporalty did, we see, interpose to alter and change what the Church had decreed and settled by her best power; Their temporals were their own, and they would not endure themselves to be unreasonably encroached upon by any forced impositions, which made them move again and again, and would not cease till their grievance had remedy; I do not find they did the like in other cases, bound up fast by other the Churches decrees before; but let them pass; Therefore (by comparison) I judge they approved what they did not dislike; Their silence gave consent, and so they suffered themselves to be carried along with that stream of power they saw come from the Church to carry on what it undertook, and to make a Convocation Act strong enough in this case to settle a temporal sort of things that had a touch (in that they were annexed to, and the support of God's service) of spirituality. (For all along I desire it may be carried in mind, The Consent of men is the firm and only bottom whereupon temporal Right and Dominion do rest here: Men have agreed, Therefore Thus it was; Which was here and thus complete and perfect.) If the Temporalty had not stirred at all, it had been some sign they might not: If they had stirred and not obtained, the victory might have seemed over their power, not their Right, and so the use of their discretion to have stayed for their right and moved by their power for it, in a time when they were likely to obtain: But since they stirred, and obtained, and had redress real and effectual, A sign they might at any other time, A sign they might have obtained, A sign that in other things they let silently and quietly pass: Which since they did not, Therefore they consented, Therefore they allowed, Therefore what was done was authoritative by Them; And so this whole disposition of things (even all Lindewoods Collection) had their Negative implied confirmation, in that they did not hinder, And by Consequent even by them, (save in the case of Sylva caedua ) the Canon was Law, English Law, and approved by all, in that none cast a rub in the way to hinder, whereas they might, and in other cases did, But Here they did not. The same Author hath other things dispersed, (for these were hitherto together under one title,) as, where Prohibition is to sell any Tythes before the 25 of March; After, the Rector might declare his will of the fruits, to pay his debts, or satisfy legacies, which was ordered in Hen. 3. time: And elsewhere they were to be Excommunicate who suggested by Calumny to the King and his Judges, that the Ecclesiastical Justicers held plea of Advowsons, Chattels, and other (temporal) things belonging to the Kings Court, Cum iidem praelati & Judices super decimis, peccatis, & excessibus suorum subditorum suae Jurisdictionis officium, prout ad eos pertinet, exercent; They did but do their duty and discharge their office, meddling of those things that did appertain unto them, tithes among the rest. Neither was this the less true, or the judgment of it of no credit, because 'twas spoken of and by themselves: The thing is evidently and notoriously known, nor shall want the recognition of their jealous neighbors, the other Courts, who cannot but acknowledge the Jurisdictions here severed and cut out as it were impartially and by a thread; nor could a more proper and formal essential difference have been found out between the one and the other then this, That the one did handle De jure Patronatus & catallis, &c. as it ought, universally of the things of This world, and the other of the rest, and tithes among the rest.

Which lets us fitly onward to the other, the Executive part of these Legislatives hitherto, and how they had their force in the proper place designed thereunto for recovery of these things thus made Due and stated according to these Laws; but hereof I have not much to say. I was always a stranger to their proceedings, nor as to gain or lose, did I ever do or suffer, what might import favor or wrong, to be thereby holpen or hindered at any time; Only this I have heard spoke out by the clear and loud fame of the world, That here men's rights were tried, and examined, and lost, and recovered: Pleas were heard, and sentence given, and that sentence did, or should, or might have found obedience. If all had not been right and square, as we say, exactly justifiable, If there had been any remedy at Westminster, or any where else that could have been thought of, If the Goddess Themis had had any Asylum or refuge upon Earth whereunto covetous and carnal men might have had recourse in their fears, with any hopes of protection in those affrighting tempests, that like some kind of lightning melted their gold and silver in their purses, yea, out of their purses, No doubt but such desired shelter would have been made to with greatest diligence and truest endeavor: Questionless in what dark or remote corner soever it had hid itself above ground, men would have both sought it carefully, and found it successfully: Undoubtedly everyone man would have told his neighbor, and he another, these more, and by degrees all; The information would so soon and luckily have propagated itself, that no manner of doubt should now have remained, whether such a place had been or not; the path would have been more trodden to it, then to any Church or Market-place in England: But they knew there was none such, They knew all was there, of this nature, (while it was,) firm and answerable; They knew those sentences were there (in their kind,) by the approbation of all men, and Authority of the Law, valid as those at Westminster, Pulsa dignoscere cautus, quid solidum crepet: They knew, Try whoso would, There was that solidity. Civil Laws did approve, successions of Parliament had allowed, the King had given leave, the whole State had given allowance of those proceedings, and above all, the Law held them just and according to Law: And so unless herself would contradict herself, the head fall off from a principal member, or Justice oppose Righteousness, They (all the Magistrates, Powers, Laws, and Lawyers of England ) knew, and could not but pronounce a just sentence in that Court for Tythes to be just: were it for sheaf, lamb, fruit, venison, the tenth Thrave, or but a Tythe-lock of wool; What a sentence did at Westminster, that a decree did there; What a Verdict and Judgment upon an Assise, That a conclusive determination upon mature deliberation did here; and What sufficient ground of Right that gave of Dominion, that a man might thence claim a piece of ground or debt of money, Hic codex est meus, Haec domus est vestra, By equal virtue of a like sentence here, this due charged upon every parcel of land or herd of Cattle had declared right, yea, and judgment for it, in order to execution; Or if any would not come and submit, vocetur primo, & secundo, & quod si nec sic ad emendationem venerit, Excommunicetur, as tertio; leave was given in the Charter.

Thus as to the power entrusted with the Church, I have now almost done; we see what the Supreme Authority gave in Commission, we see what use was made of it, we see what connivence or more there was of all other powers, and what obedience likely; but of this the less being unacquainted at Offices: We cannot in short doubt but the Church made Laws about Tythes, that they caused them to be done to execution, that the State enabled them, that the whole Civil Power more then connived or permitted, appointed, authorised, and strengthened that power whereby was acted thus according to office and duty on one part, and leave, desire, expectation, and full trust on the other: The result of all doubtless a full right, a clear, assured, undoubted, fast, safe and honest title, as good as Any had to Any thing, and the evidence of things may discharge the superfluity of more wast words; If any right were anywhere, it may doubtless be reasonably thought to have been unavoidably, Here, Sure, and Thus. There remains yet one only thing more, somewhat in intention, was never quickened to full Act, but was purposed to give much in little, the life, spirits, and virtue of all before in the new intended to be purified Canon Law by Hen. 8. authority. A thing often glanced at, but here fit to be represented together, and briefly and summarily was therefore thus: The Clergy upon casting off the yoke of foreign Supremacy, and submitting to that King, petitioned to have the Provincial Synods and all the Canon Law as far as of force here, to be viewed and purged, and this to be done by thirty two persons to be chosen by the King, whereof sixteen of the Temporalty, sixteen of the Clergy. The King granted readily what perhaps he had willed to be asked, and the persons were to be members of the present Parliament; but because so great a wheel could not be brought about in so little time, the Parliament sitting, their desires enlarged, were also granted, that it might be done after, and then so many Canons as should continue approved, should be retained, the rest as refuse cast away. This was upon the matter to furnish the Spiritual Court with a new rule, whereto as much of the old as would should have served the turn again but till that were done, what was in being to remain. and this so far intended and minded, even with an eye to this very particular, that after when a new Law was needed for Tythes, Proviso was thought as fit to be added, that it should obtain but till the promised reformation: In the mean while time slipping away, and little or nothing done in the business under nor after Parliament, there was need to have the power renewed for longer date, which was done once and again, and so at length for the whole time of the Kings life. K. Edw. 6. also continued it for three years in his time, All repealed by Queen Mary, but revived by their Maiden Sister. The fruit I find no less then the work in some sort done, and published in the Queens time by J. F. but reprinted about ten years since, under the title of Reformatio legum Ecclesiasticarum ex authoritate Regis Hen. 8. inchoata, deinde per Regem Edw. 6. provecta ad auctaque, &c. Londini 1640. Where heed the title, It was but Reformatio legum Eccles. in what form soever the new Mint should have come forth made of the old metal; Not Inventio, Rogatio, Interrogatio, Promulgatio of anything anew, but its very self, Reformatio, Confirmatio, or Novatio, a new setting out of what had been before: Not the sending for new Tables to Athens, or such godly and costly proceedings as the poor blind Indians must make, (rising from the flat level) if it shall please God at any time to give them repentance to the acknowledgement of the truth, that they may recover themselves from the snare of the Devil who are taken captive by him according to his will, To make their Native Ordinances square and fit into one building, as to the new teachers maintenance; Raising perhaps the tenth fliece from the flock, the tenth lamb from the fold, the tenth sheaf from the shock by a costly devotion, and out of their Own creating unto him a new Right; But to revise and settle that which was, to consider the ways of taking up, remedy the inconveniences, remove the obstructions, and scour the wheels upon which suits moved, still leaving the thing they found, they needed add no more, but say, Those rights shall be paid that have been. This all they intended, a Reformation, not destruction, which would infer need of a new creation; Not to add an apple or an aye more, as that Poet said, which I shall always account unjust (unless with much caution limited,) and would not have done for God or man. No not for Religion, which needs not injustice, or that any be put out of his Right for God's sake; And God be thanked, as things are, and the world has been devout heretofore and devoted, it needs not; Let but God and man have their Due, and Religion is well provided for. We may talk of raising more by fruitful beneficence, and the good will of men shall move Mountains this way; But let the Law of the Gospel have but our equal justice, with discreet administration of that which is, and it seems not to want already what the world can or need do for its outward sustentation by what was done for it before our fathers were born. Well: this plotted Reformation as 'tis called, (to go on,) was as to the work to be performed, taken into four quarters, and each quarter again into as many Cantons, whereof everyone had two Bishops, two Divines, as many Doctors of Law, and so many Common Lawyers, (contributing their powers and endeavors to study, act, and oversee,) and to perfect all. Sir Walter Haddon and Sir Jo. Cheek were to fit it with ornament for the setting forth, which they did representing it to the world, (and so it is now to be seen,) dressed up in a very fair Robe of curious Roman language: As to Authority published it was with two Manifestors of the two Princes, willing it to be studied and followed in Universities and Courts, 'tis hard to give the reason why it was not; All which was needful to know, that we might infer of what power and authority is that we shall allege. One title is, de Decimis, having under it nineteen Chapters as followeth:

Cap. 1.

Decimas esse solvendas.

Quoniam Dominus noster Jesus Christus hanc ipse legem sancivit, ut qui doctrinam inter homines conferunt, ex docendi labor praefidia vitae metant, & ejusdem Domini nostri testificatione, Digni sunt mercede quicunque sunt in opere; Porro divinum jus scriptum bovi trituranti cum os obligari • on sinat, nobis exemplum divinae clementiae repetendum est, & valide videndum, ne vel nimia nostrorum hominum avaitia vel negligentia fiat ut Ecclesiarum nostrarum ministris justi & convenientes fructus ex sanctissimorum occupatione munerum non suppeditentur.

Cap. 2.

Decimae praediales quo modo solvi debent.

Igitur authoritate nostra constitutum sit, ut omnes singulique subditi nostri, locis & temporibus designatis & legitimis, decimas omnium rerum ex praediis provenientium ministris seponant, sive foenum sint sive fruges qualescunque quorumcunque locorum, sive Crocus, sive Canabis, sive linum, sive sint olera vel arborum fructus, &c. and so on to the exactness of the Pharisee to tythe All. Of Mills, Turves, Coles, Quarries, Pastures, (Agistment cattle I think they mean,) the breed of Cows, Swine, Sheep, Mares, Swans, Hens, Geese, Pigeons, Conies, Deer, Fish, Bees, &c. Revising and expounding the Act of Parliament a little before made and approving it. But because the rest at large may take up too much room, therefore take but the Quintessence as it were extracted in the Contents of the Chapters.

Cap. 3.

Animalium decima annua quomodo juxta numeri rationem solvatur. How the tenth shall be reckoned.

Cap 4.

Divisio decimarum qualis sit.

Cap. 5.

Decima rerum alienatarum quomodo recupenetur.

Cap. 7.

De Jure Vicariorum.

Cap. 8.

Quando minister ex proventibus Ecclesiae ali non potest: Directing and counseling to all lawful means can be thought on for augmentation.

Cap. 10.

De decimis colligendis in aliena parochia.

Cap. 11.

De locis qui sunt à decimis liberi.

Cap. 13.

Decimae praediales & personales quomodo solvendae.

Cap. 14.

Solvendas esse decimas personales.

Cap. 15.

Proprietarii quomodo decimas solvent.

Cap. 16.

Decimas utriusque generis solvendas esse, sc▪ both praediall and personal, if they arise due from the same man.

Cap. 17.

Causa decimarum inter ipsos ministros non progredietur.

Cap. 18.

Consuetudo non solvendi decimas invalida sit.

It might have been convenient to have represented here a full transcription of these things; but there is intimation where they may be had for use, which may be enough, where brevity is studied. These Provisions of a Law show clearly what the state then meant, as to Reformation, and even in this particular (if the purpose of the statute had been obtained for abolishing the old Canons,) and how inviolable the right of Tythes should have been Then by their profound wisdom and discreet piety, which is also better seen by account from these public consultations then any private informations. The results they were of a severe and searching reformation, wherein as many stones had been moved (hoping thereby to settle others) as in any tumbling Age; and for the distressed Church what men durst do, if it had been judged convenient, needs no other demonstration then what was done: But profound wisdom joined with much piety, and a conscionable regard (proceeding in the fear of God) not to destroy what they meant to reform, or to purge out corrupt humors to the death of the patient, made them soberly careful we see, and tenderly jealous not to meddle too far here, and for fear of darkness over all discreetly advised to let none of the oil be meddled with that kept the Parish Lamp burning, but rather gave hope of adding more where need was, (with encouragement to bring it in,) setting open a door to let in other supplies of needful expense for these Lamps dispersed all abroad, if God should so move the hearts of those that loved the Tabernacle and the light thereof, to bring any offering; To strip all having been a thought of such horrid injustice and barbarous impiety, joined with Improvidence (as to Religion) and imprudence into the bargain, that in likelihood truth might have been in danger of perishing from the earth by this time, and according to ordinary dispensations of Providence, we have now had little enough of Law or Gospel to take up consultations for the maintenance of, by that the Bible might have been near a stranger, if this had prevailed: But into their soft and tender bosoms, by the Grace of God, such thoughts had not leave and power to enter.

Why the tree thus planted hath not been known to bear fruit, or this new body thus framed, not received to be practiced by, is, I said, hard to guess; the best reason I can think of is for want of Parliamentary allowance and subsequent confirmation, for naught else see I wanting: yet as strange that what a Parliament had appointed to be done, and being done, and accordingly, should not have therewith what strength it could give. But so it has been, a dead letter hitherto, only living in the good wishes of knowing good men, that it were quickened to full life, and the last Ecclesiastical piece (I call it so in regard of the Materia prima, out of which it was made, the end whereat it aimed, the things it directs about, and its distinct standing off from the more common or secular,) that, of this kind, our Common-wealth hath afforded: Not unfitly reduced to this head of Ecclesiastic, whose proceedings have been such by virtue of due power throughout this business, that it needs no protection of Hyperbole to excuse that all have either liked or willed; Kings, States, Parliaments, Judges, Lord, Laws, not sparing their vote of approbation, (to this particular still I mean) and all that have, have looked on either to allow or confirm. With this one intimation more I close up the point, that whereas this new body is not yet it seems authorised perfectly, till it shall be, All the old (including those also I made use of before) are in force by a concluding Proviso of that first statute (25 Hen. 8. 19.) where the whole business was started. The words are these:

But this not yet done, and therefore all the former Canons yet of force till, &c. and that by this Authority.

CHAP. XXI.

A ND hitherto then upon the proper Stage: Let us next look upon the lookers on, and see whether the Neighbor secular powers have either not looked this way, or said nothing, or not in allowance of what there: The Church impowered as before, hath acted as hath been seen, to a full and fast determination of Right according to what she had in Commission, (or if she exceeded or went too far, was checked, as hath been shown also:) But now hath the secular state added no collateral strength, to connive at least, and more, at what hath been there done? Surely so: As they have done their own business, Hers also having been taken in by the by, sometimes in direct assertion, oftener by glance and occasional reflex, but by supposition constantly ever; That supposition also often expressed, as uses to be in collateral, not purposed mention of things, but never but understood and meant, as may be known by the evidence of things, as they have been done, and are left remembered; Their very silence (if naught else were) implying consent, and suffering the Ecclesiastical to continue meddling with things of Temporal worth, and not forbidding, being strong evidence that they did allow. Sometimes indeed the transgression of limits hath been questioned, and this the true ground of All Prohibitions, when the Church would meddle of things of lay fee, as the general word was, de rebus tangentibus Coronam & dignitatem nostram, for then the King would forbid that extravagancy, and stop the proceeding, as reason he should: But if keeping the due bounds, and not going besides the nature of allowed businesses, in spiritualibus & annexis; Now the Jurisdiction itself was never questioned, but things reputed immoveably firm that had their determination here, and the watchful eye of a jealous neighbor either spied nothing, or said nothing, (and in that much:) or if anything, by insinuation, All was well; Hucusque, and contentment there should be no Prohibition.

But to come to some particulars, having secular and more immediate Royal influence, (in giving of which I doubt not but the performance of promise shall far exceed the measure of my undertaking, or reasonable expectation, all things considered, and that the proper Repository of such things from their nature is elsewhere:) and I begin with the great Charter, one of the most Authoritative Instruments, and solemn sealed and proclaimed deeds and Laws that our State has, or the Lawyers themselves know where to seek for. The beginning thereof is this, Edward by the Grace of God King of England, &c. We have seen the Charter of the Lord Henry, sometime K. of England, our Father, of the Liberties of England in these words: Henry, &c. which we confirm.)

This is a little more emphatical in the Latin, which for the better countenancing both of the testimony and the thing, I choose to represent from a fair Manuscript in the public Library of Oxford, where thus: Imprimis concessimus Deo, & hac praesenti Carta confirmavimus pro nobis & haeredibus nostris imperpetuum; quod Ecclesiae Anglicana liberae sit, & habeat Jura sua integra, & lib • rtates suas illaesas. Concessimus etiam omnibus liberis hominibus, &c. This is that Charter in the ninth Chapter whereof is confirmed the Charter of the City of London; in the fourteenth, That none shall be amerced unreasonably, but salvo contenemento, as he may be able to bear; in the twenty ninth, That no man shall be outed of his Free-hold but by course of Law; (so much stood upon formerly, lately, and justly, and ever to be stood upon:) Every line whereof might have been written with some of the subjects blood it cost; and in answerable price of worth containeth some piece or other of a firm wall to keep out Invasion, and hindering will and power gotten strong from entering upon and trampling down the people's Liberty; Wherein note two things granted to the Church, sc. That she should have all her 1. Rights, 2. Liberties: Those Rights, Intire: Those Liberties, Inviolable. What were first her Rights? Tythes, no question: Even then: generally due, and universally paid, and so for a long time had been: There needed no more then, or the Ages before, but to prove the land in the Parish of Dale, and the Tythes were cast upon the Church of Dale without any Evasion; And this so true and known, that there is none from the information before or other acquaintance with the state of things as they were, truly informed, but must grant as much as I say without hesitation: And these rights were also granted Intire. Next, what were her Liberties? A volumne were here little enough, and I had once thought of laying together Many. But to our present purpose let a few Acts of Parliament expound what one privilege at least was. In 18 Edw. 3. there is a statute for the Clergy, and it was granted in regard of a Triennial disme given that Martial Prince to further him in his Wars for France. In the sixth Chapter, whereof is mention of some Justicers appointed to the impeachment of Ecclesiastical Jurisdiction, (of Tythes among other things, why may we not well understand?) and is against the Franchise, this Statute says, of the Charter. Let the words speak their own sense. Item, Whereas Commissions be newly made to divers Justices that they shall make inquiries upon Judges of holy Church, whether they have made just process or excessive in causes testamentarie and other (causes decimall, as notoriouslie do belong hither as testamentarie, a hundred proofs are for it) which (yet) notoriouslie pertaineth to the cognizance of holy Church, the said Justices have inquired and caused to be indicted Judges of holy Church; in blemishing of the Franchise of holy Church, that such Commission be repealed, &c. See here what Franchise is in part, sc. to have Ecclesiastical Jurisdiction free, proved by that to disturb it is a breach or blemish of the Franchise. Next take another gloss in the plain text of 1 Rich. 13. where The Prelates and Clergy of this Realm do greatly complain them for that the people of holy Church, pursuing in the Spiritual Court for their Tythes (there is the Jurisdiction and this particular asserted) and their other things which of right ought, (there's more then possession, Due,) and of old times were wont to pertain to the same Spiritual Court, (there's continuance of time, or prescription) and that the Judges of holy Church having cognizance in such causes, & other persons thereof meddling according to the Law, be maliciouslie and unduly for this cause indicted imprisoned, and by secular power horriblie oppressed &c. against the Liberties and Franchises of holy Church: Wherefore it is assented that all such Obligations shall be of no value, &c. Here another statute interprets what Liberty and Franchise is by that the clogging of Ecclesiastical Jurisdiction, in this matter of Tythes was a breach of that Franchise; and so after when the Cistertians endeavored to exempt their Formours Lands as well as their own from paying Tythes, that due power could not fetch them in, this was again against the Franchise, as complained in Parliament, 2 Hen. 4. 4. And lastly, a National Council represented as one of their grievances at London, 21 Hen. 3. The over-lavish use of the Indicavit, whereby the Kings Judges would first determine what tithes were due, to what Church, and this was in Regno Angliae in praejudicium libertatis Ecclesiasticae. Which things may together show fully enough, what the breach of Franchise was, and by consequent what the Franchise itself, by the best which is public interpretation: Whence also likeliest this was the meaning of the Grant: That the Church have all her Rights, that is, Tythes (with others) entire: and all her Franchises, that is, Jurisdiction, (Decimal, as for other things, to bring them in,) Inviolable; no less then which could be meant by any likely construction. Or otherwise Thus; and the strength of this title may here have received two ways augmentation. 1. As Tythes were a Right and so warranted and intended to remain such. 2. As they came within the compass of Ecclesiastical Jurisdiction, which, if they were given before, and any Law had assured them, (as many had doubtless,) This was then here allowed to bring them in: And so were it personal or praediall, lamb or wool, sheaf or heap, must not now then have been withholden, but were due, and must be paid, yea, by the great Charter, yea, while that Charter was in force, could not be denied, for that herein were confirmed, to the Church all her Rights (Tythes) entire, All her Liberties, (Jurisdiction, Decimal) inviolable; and Wrong must have been to deprive her of those Rights, (of these Tythes,) of this Franchise, (of that Jurisdiction) Or otherwise lastly, Thus: Let but the Jurisdiction, that Liberty, be supposed to have remained, and this would bring in all the rest: For, let the Church but have been heard to speak out in that which some accounted then doubtless as things were (in a qualified sense) the voice of God, which was the voice of the Law, and this could have spoken out nothing but roundly and home for Tythes: For they were Due, then Due, and so Due: Let that dead letter be then but thus have been quickened by lively sentence, and the Law be heard speak out according to truth and righteousness, and the voice could be nothing else but for desired Justice, Truth, and Them.

Of what estimation this Charter yet is and duly ought to be with all the good people of England, much need not be said: Magna fuit quondam magnae reverentia Chartae, as one said, It used to be looked upon with no other but an eye of reverence. It cost the subject both wealth, and treasure, and blows, and blood, before it could be obtained; And after at the rate of the lives of thousands, and by the prudent and successful intercession of some Church-Ministers (who persuaded and prevailed with the King to pass it,) as well as any other; it was granted, it had the most solemn present confirmation that it now appears any public Instrument of this state ever had. It has had more then 30 other confirmations in Parliament since: For, for divers Kings Raigns after successively, till by repetition that reverence before spoken of, was bred and rooted in all men's hearts toward it; one of the first things still done in that most honorable meeting was to confirm This, and the Charter of the Forest; with no less regard of care and love, then in Councils and Synods had been wont to be shown to the doctrine of Unity and Trinity in a Deity, by keeping the belief thereof in faith & fresh memory by some of the first Articles. In present, several draughts were taken forth, and the exemplifications sent under the Great Seal to the great men of the Realm, one of which yet is, (or lately was) at Lambeth, and after renewed under the same Signature again, as well to the Justices of the Forest as to the Sheriffs and other public Officers, and to all the Cities of the Land, with Writs to have them published, and order to every Cathedral to read them twice every year to the people. And not only their Effata or most reverenced contents equalled by Parliament to the Oracles of the Common Law; But whereas Judicia are Iuris dicta, and should bind if anything, yet all sentences given in Court contrary hereto, are declared null, and of no force, and that by sentence of Parliament as soon as they are given. In present all were Excommunicate that were infringers thereof, even with severe and bitter devotion; all the powers that men on earth could devise or implore from Heaven being used to procure and work terror; And for the future, it was appointed this Excommunication should be renewed twice a year in every Cathedral, and Proclamation twice as often as that made by the Sheriff in his County-Court ( sc. after Michaelmas, Christmas, Easter, and Midsummer, ) Three substantial men being then chosen to be Justices by virtue of that Commission to inquire of transgressions, and merely by virtue of that Writ without any other power, they were such Justices. 'It is, in short, the cream and quintessence of the whole bulk of the Politicks of our Nation, the Charter of the people's right, the hedge of their property, the fence of their liberty, the strength of their security, and the chief bottom of our Laws: Which in the dawning of our late troubles about twenty years since, had the violation thereof, all know, looked upon with so jealous an eye, that nothing more egged the people to enforce the Petition of Right (to regain the breaches made whereinto was a part of that Petition,) then a fear they had wrong done them in this their chiefest and choicest love, which let be but read, and it alone will show what estimation quiet subjects had thereof in those calm times, and what advantage has been made of both since, all know. A Volumne were here again too little: and yet the beginning was plainly, fully, and home for these Rights among other: And the Concession of them, which is more, made over, as 'twere, into another world, into the Hands of God, that man should not dare recall or lay his hand upon that was so, and To God was Given. Concessimus Deo & hac praesenti Charta nostra confirmavimus pro nobis, &c. quod Ecclesia, &c. Whereas the people's Liberties were given only into their Own hands. What will, if this will not, preserve them entire as they were given? What will render them inviolable, if not the sacred Omnipotent hand of the most High God, to whose protection, power, and safeguard, as well as honor and glory, they were by our Ancestors (who thought themselves awake in the business of the Charter) commended? and they thought to equal it with the highest offense, that of the Giants heretofore making attempts against Heaven by their daring presumption, if any should at any time presume to rob them from That Hand to Which they were, and So given. Many yet allege and take a part: The ninth chap. in behalf of the City of Lond • n: the twenty ninth for a Legal trial of Tythes; and the Petition of Right joined thereto for liberty and property; that none be outed of his Free-hold but by due process of Law, and many exclamations, bitter sufferings, hard imprisonments have been, perhaps ought to be rather then lose their childes portion, in that great Charter, the enriching due Birth-right of every Englishman. But is not one man's Right as good as another's? Does not any injury sit to as much discontent, irksomness and wrong upon the galled back of one sort of sensible persons, as it doth of another? Or, may not I cry for my Childes part as well as my Brother? The despised Minister of Jesus Christ, Can he have no wrong? Or has he no right? Or is not he perhaps a Christian, an English man, a Man, as well as all his kindred, that any private spleen, envy, malice, greedy covetousness, self-love, or other wrongful and injurious passion should work in the bosom of his fellow-Christian and Neighbor (who yet loves His Own well enough, and can be content to stretch all his powers to make the most and best of it) to wish Him out of His, or endeavor, if it be in his power, to put him out, Quarrelling with him to rest contented to see his name stricken out of the Common Fathers Will; and he shall be yet in more danger, if he strive or cry, or do anything but sit still and submit, and be quiet while his part of the Charter is taken from him! May not this very same evidence, if the poor Preacher and Servant of Jesus Christ, who taketh cure of souls for his Master, feeding the flock of God committed to his charge, not by constraint, but, willingly, not for filthy lucre, but of a ready mind, have any part therein, be as honesty, reasonably, piously, safely, and Christian or English man-like pressed home, and contended for earnestly in his behalf, as for a man's right, a man's estate, a man's property? Perhaps a single, simple, mere natural man, that as such, by anything he possesses is bound to little, that he knows of, save to make himself ready, eat and drink, keep himself quiet or merry, expect the quarter or half years day, tell his rent when it comes in, and in the mean while is at leisure for Any thing: To sport and play, game and riot, perhaps for gluttony and drunkenness, chambering and wantonness, lust and envying; and other such things for which the wrath of God is wont to come upon the children of disobedience. For such are known to live among us and enjoy their dear Own without disturbance, (which is worse, in Christian Communion too,) and relinquishing neither hopes of Law, nor Gospel, (not our Law I mean,) to see the streams of Pactolus flow, their heaps of wealth come tumbling in on every side, which they abuse (God forgive them) to be the fuel of their sins, to keep their vices and iniquities not only burning, but flaming in the sight of the world, Working the will of the Gentiles, and walking in all lasciviousness, lusts, excess of wine, revellings, banquettings and abominable idolatries, wondering that others (who by the Grace of God have escaped the pollutions that are in the world through these lusts, and old things are past away with them, all things are become new) run not with them, as formerly, into the same excess of riot, speaking evil of them for it, as the Apostle says: And shall these I say, do thus, and no man molest them, or trouble them, or question (as God forbid they should) for craving, having, and misspending what they have Civil right to, while the Labourer is kept short of his hire, The mouth of the Ox muzzled that treadeth the mowe, and kept short of his due allowance; God's Minister only is pittanced of what may keep him alive and honest together, and they that take themselves for good men, doubt whether they may subtract from him his part of the Charter. He is, I aver, He is one of the most Necessary men in his Parish, for discharge of duty he would soonest be missed of All, if he should be absent; As great expectation is of Him while he is there, and there is neither Free-holder nor Copy-holder, Yeoman, Gentleman, or scarce Any other, who in sickness, absence, exclusion, or so, would be more missed of the Neighbor-hood, of any of whom they expect no more then what duly they have of him, and more: And what wisdom or equity were it then to choose out Him to be robbed at the root, despoiled of his right, shrunk in those sinews must give all his designs or godly good works, life, power and motion in this world, and desire his means of living to be withholden from him due by Law, While other that would very likely do less good with it, certainly have less duty expected of them for it, have enough and to spare, yea, Fruges consumere nati, men born only to live and spend, have plenty, that nor own, nor pretend to own any necessary, fitting, honest, manly employment to the furthering of that common good, whereof they reap the chiefest benefit, But (like drones) suck the sweet, and make sport with the sweat of other men's brows, wearing Mannours on their backs, and pouring Farms down their throats, swimming in golden Lard up to the Chin, as he said, live at ease in Zion, neither Fish nor Flesh, having nothing of Human or Christian, Lay or Ecclesiastical, Magistrate or Officer, public or private, charged or they think fit should be charged on their account to God or man, Church or State. I speak not this, that they should be deprived of anything is Theirs, or to stir up discontented fault-finders against them, which I assure myself cannot be attempted without sedition in the State, or sin to their souls who should be so troublesome; Let every Swine have his own dunghill, every man have his Own, as well as do what he listeth therewith, as the Scripture says; if He mis-spend, God shall judge: But comparatively, If These, then Those, if They have, and none subtract or deny, how much less, or with equal necessity, not from him that laboreth more abundantly then they all, as the Apostle speaketh; and in another place is worthy of double honor, laboring still in the word and doctrine. God forbid any should have wrong, or not their right, be it much or little, and Who or Whatsoever: But is this sort of men Only inconsiderable, to be shut out of door when right is distributing, and they alone are Chidden if they ask their Due, or expect their Right from the Petition of Right, and the every man else enriching Charter: Heu quod literulas stulti docuêre parents! Nay, will they not blame their calling that deprives them of common equity, and shuts them out from the open Hall of Justice, and they may not claim their due in Every ones Inheritance? It grieves me to consider, and I wonder it should be so: The same men that urge those public Concessions so earnestly, and would suffer more rather then lose any of their little shares in this universal Grant, yet cry out against Tythes without moderation or measure, take on and complain as of a burden insupportable, and when their own parts are taken out, They may not be restrained of their liberty or abridged of their property, (God forbid they should;) Other men's right or liberties, they may be stamped under feet, their Dues are inconsiderable, no dear Own by their Property. I hope and believe they have been hitherto but mistaken in judgment, and thinking Tythes to be no other but the impositions of some later statutes, or the usurpations of the Consistory; no wonder or blame they would have tyranny abolished, and exactions removed, that every man may enjoy his dear Own, and no man usurp upon his neighbor in any the smallest matter: But would they consider what deep and settled, and all over-spread radication these claims have in all the Civil laws of the land; How the Parliament allows them, the Petition of Right involves them, the Canon gave them, the Charter confirmed them, the Common Law set them up; and all the Politicks of the Nation combine and conjoin their strength for their legal Dueness, as of Any thing: Could they look (past some single Order or Act,) into the depth of that diffused and far-spreading Rule and Giver of all Right with us, the Sovereign Law, and there find that what gives all men right in this Nation, gives here with as undoubted assurance, and a manifold accumulation of more strength and evidence, They would then, I trust, change their notes, or as the word uses to be, sing us another song; They would not betray their discretion to such necessary disgrace as must follow upon their destroying with one hand, what but now they had set up with the other, nor would they take away w ^th their left what they gave with their right; but Right, and Charter, and Liberty, and Property, should be all of a sort, and one man's claim of anything from or by any of Them as good as another's. Could they espy (that which is) an involved title in these public evidences they contend for, and these Dues to be as certainly implied in the Charter (as they are) as their own inheritances; They would no doubt soon change their English minds in a contrary way to the new-instructed Islanders of Melita, settling for truth and no longer for error, ( Father forgive them, I doubt they have not yet known what they do, ) Hence ceasing their clamour against their neighbors, as those would have no wrong done to themselves, and accounting it a most unreasonable partiality, not to be owned by those that are in any degree among the lowest sort of Honest men, to pick out that which is for their turn in a public evidence, and throw away the rest, or make that they have got of power to disannul it. Mr. Petitioner, whosoever thou be, I name None, but mean All, and in love and friendliness bespeak & petition Thee: A. B. C. D. E. F. G. H. or whosoever thou be that lovest the Charter, the Petition of Right, or Right it self, hearken; And if thou be a Christian and English man, be persuaded hereafter to proceed upon more equal terms, and from a better information of judgment, cease to pervert the right words of the Law; Whatever thou hast done heretofore in the days of thine ignorance, now taking no other course but what is justifiable by the rules of common Honesty. Could I but hear you once resolve, that every man should have his Own, and Law should be the rule of that, your own chosen Instruments should be the evidences, and not any just man's plea shut out of the Court, be it what, or of, or for whomsoever, I would not then doubt to have gained of your honesty and simplicity a strong patronage of that righteous cause now in ignorance and by mistake ye go about to suppress, and that ye would appear valiant, yea suffering Champions for that equity and right, ye now seem resolved to take pains, if not to suffer, rather then permit any longer those that have right to enjoy. Let but a love to truth, and constancy to your own principles be with you, and I have enough, I petition, I ask no more. Nor do I altogether despair; As great changes have been in the world, and faces about from West to East, quite contrary to what was once persecuted or prosecuted in ignorance. The two Thieves shamed not to confess the truth at last: (I equal you not in injustice, or meaning wrong, but God grant you and I may equal them both in Turning from out our evil ways, passing from death to life, repenting our hidden sins, and converting from darkness to light, from the power of Satan unto God.) Martha loved much after, who before had done that needed much forgiveness. Matthew the cheating Publican, turned upon admonition a Disciple and Apostle; And is not Saul among the Prophets, Paul among the Preachers! Good men and true, Remember chiefly that last example: Wonder, but Believe it was even so; Inquisitor Saul is turned a zealous Professor, and he that was a busy Persecutor, now as active an Evangelist and Professor: When Christ, who is the true light, shined to his soul with awful beams, he fell down, and recanted, and repented his zealous ignorance, and though he had received Commission ( Acts 9. 2.) from the highest then of Priests and Powers, yet God caused him to revoke all, and we have heard say, (as the Jews of him truly,) that He which once persecuted in times past, now preacheth the faith which once he destroyed: for which, men glorified God in him. Why should the like be despaired of you? of whom I must go against mine own both hope and full persuasion, if I should say otherwise then that I believe ye have profited thus far, That ye love the truth. Ye mean well, ye will, (why will you not?) be fast men, and true to those great names of Justice, Equity, and Righteousness, as they shall be revealed to you, not to your own opinions, (frowardly persisted in) how plausible or profitable soever, and as new and better light shall shine, not be in love with former darkness? Be persuaded, ye may have erred: The Church has right, a Right of Tythes, a Civil Right, a Charter Right; and will you yet go against your own principles, and deny other men that right yourselves think fit almost to resolve to die for? Will ye not grant, what in your own cases ye ask, and refuse to give to others, what ye expect to receive yourselves? shall they not have what ye will not be denied? What Equity, Reason, or Conscience were this? Be valiants be wise, be just, and constant, I crave no more: Or, if ye ye will not, ( striving to do to others, as you would yourselves should be done unto, ) How dwelleth the love or law of Christ in you! How can you expect that God, who is a God of Wisdom, Justice and Truth, should ever more shine with the least ray of his favor upon any of your enterprises! This Apostrophe was needful: God lay it to your hearts. Remember, there is a day appointed, when God shall judge the world by Jesus Christ; and then if you should appear to have wronged his Messengers, despised his Prophets, or driven on any close unjust design (with success) of impoverishing and making a prey of their worldly weakness whom God hath entrusted with your souls; How would you answer this worst of wrongs? What put up in excuse of so aggravated injuries? Or, what could you think to say to such an imputation, Alledged by his justice, Inforced by your adversary, Assured by the things, Recorded in his and your memories, Attended with the furies of another world for complete revenge, and that of the worst of crimes, hath the least of excuse, the most of shame, and (of all you can readily think of) the weakest and lowest hopes of mercy? Especially since now the light of truth hath shined into your souls by better information, at least shined upon your souls by offer of its bright and piercing beams; ye May have received the truth, which truth would set you free (from errors;) Or if no more, yet it hath been laid before you, or you have been told but where it is, that ye may seek for it, which will render you far toward Without excuse.

CHAP. XXII.

A ND thus much of, for, and from the most known Head of all our Laws, the great Charter; whereof the more, because it deserves more: Proceeding, next whereto is a Concession of about the end of Hen. 3. confirming the Jurisdiction, and by consequent the things thereunder in a Parliament Ordinance called Regia Prohibitio. I first met with it in the Ms. before mentioned, and set before the statute De Anno Bissextili: which being referred to 21 Hen. 3. I think may well be placed hereabouts: the print has it of uncertain time, and Sir Edw. Cook as about the beginning of Edw. 1. I believe it to be that with Articuli Cleri, Circumspecte agatis, &c. referred to in the end of the statute of 2 Edw. 6. 13. though others point it to, Probibitio formata super Articulis Cleri: Well, Howsoever: Incipit Regia Probibitio. Sub qua forma impetrant layci Prohibitionem in genere super decimis, oblationibus, obventionibus, Mortuariis, &c. Respondit Dominus Rex ad istos articulos, quod in decimis, oblationibus, obventionibus, &c. quando agitur ut praedictum est, prohibitioni non est locus. None to be granted in case of Tythes, Oblations, Obventions, &c. and then is my drift secure: 'It is known what would be the issue of other proceedings. Indeed it follows, If by sale the things change nature, becoming temporal, or the quantity may justly occasion an Indicavit, then, &c. But in the ordinary course, none.

In Edw. 1. time we have the noted Statute of Circumspecte agatis: made, it seems, to restrain and keep within due banks some powers granted a little before to the secular Judges to curb in his Jurisdiction the Bishop of Norwich: (whose name yet might be but as A. B. an Individuum vagum, appliable to all who had their due liberty in danger of being fettered, and indeed to them severally it was directed:) The King (therein) to his Judges sendeth thus greeting. Deal circumspectly in all matters concerning the Bishop of Norwich, and his Clergy, not punishing them if they hold plea in Court-Christian of such things as be merely spiritual; that is to wit, of penance, &c. Item, If a Parson demand of his Parishioners oblations or tithes due and accustomed, or if any Parson do sue against another Parson for tithes greater or smaller, so that the fourth part of the value of the Benefice be not demanded. This is so plain, nothing can be more: though the secular Judge might send his hook to fetch causes to his Court in some doubtful cases, yet for things merely spiritual, or for tithes by name, This Law saith, He may not. Which for better preservation Lindewood has also in the Churches behalf taken into his Provincials.

In the same Edw. 1. time was granted the Statute of Consultation: It hath not, I confess, express mention of tithes by name, but the Jurisdiction, (and that enough) allowed: for it being granted, which cannot be denied, from other assurances, both that tithes were due, and This would bring them in, in the grant hereof entire, is enough, the rest will follow. It seems some there were would then obtain a Prohibition to stop the wheels should properly move to Justice in this case, and when the business came to the Lay Judge, go no farther: So the Plaintiffe (was delayed, yea, denied right, and almost wrong, for he could have no sentence any way, for remedy whereof, it was ordered: That Whereas Ecclesiastical Judges had often surceased, &c. by virtue of Prohibition, whereupon nothing done in either Court, Our Lord the King willeth and commandeth, that where so, the Chancellor or Chief Justice upon sight of the Libel upon instance of the Plaintiffe (if they can see that the case cannot be redressed by any Writ out of the Chancery, but that the Spiritual Court ought to determine the matters) shall write to the Ecclesiastical Judges before whom the cause was first moved, that they proceed therein, notwithstanding the Kings Prohibition. Plain, that in some cases the other Courts could afford no Justice, and therefore of necessity must be a remission hither; so appropriate was the remedy and indeed cognizance and rule of Justice to this Court, that all the rest could not so much as hear; and that righteousness might not fail from the Earth, hither loyal subjects must only come for it. To some time of the same Kings Reign is yet farther ascribed this grant, that, (Where No Tallage or aid shall be levied withon consent of Parliament, Nor anything purvayed to the Kings use without the owners consent; There) We will and grant for us and our heirs, that all Clerks and Lay-men of our Realm shall have their Laws, Liberties, and free Custo nes as largely and wholly as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our Ancestors, or any Custo nes brought in contrary to them, or any manner. Article contained in this present Charter, We will and grant that such manner of Statutes and Customs shall be void and frustrate forevermore. With order to have it read every year twice in every Cathedral, and a curse upon the breakers. I infer: If, 1. All Laws, Liberties, and Customs were here granted. 2. To Clerks as well as Lay-men. 3. Of the largest size or use. 4. In despite of any Law to the contrary; Then, 1. here be tithes, which were then due by Law: 2. the Jurisdiction of them, a Liberty, which would bring them in; 3. And so they were both due and must be paid, (taking in consideration of the Then state of things,) by virtue of the Law, and by virtue of this Law, for that herein were granted all Laws and Liberties. Remove to Edw. 2. and there we find those are styled Articuli Cleri, and so not like to afford nothing; but Englished, Articles for the Clergy, and so like to afford something for them. The first thus proposes and resolves: Whereas Lay-men do purchase Prohibitions generally upon tithes obventions, oblations, mortuaries, &c. The King doth answer, that in tithes, oblations, obventions, and mortuaries (when they are propounded under these names) the Kings Prohibition shall hold no place, although for the long withholding the same, the monie may be esteemed at a sum certain. But if a Clerk sell his tithes gathered into his barn for monie, &c. then otherwise. And if the Kings Prohibition should not lay any impediment, but things must be tried by the Canons, we know and are assured whether tended, and what that meant. But more particularly here observe, 1. That the power which is known would give them in, is here, without dislike mentioned. 2. Plainly allowed. 3. As to tithes by name. 4. Strengthened; By this that as in Circumspecte agatis no disturbance should be offered by the secular Judge impeading to proceed in their own way. 5. And all this by Parliament, Sending the trial where beforehand it was known how the business would go; And then, as if the supreme power send a criminal offender to the Bar of Criminals, knowing how the case will there go, looking on, permitting, and acquiescing in the sentence there to follow upon that sending; They more then seem to confirm and allow, whatever prove the issue; such interpretation may reasonably be made here of the remission of these cases, and the temporal power could not but be thought to own the event, and what was done whether themselves sent for trial. The provisions were as strict as well they could to hinder extravagancy, for, as treading in the steps of the Regia Prohibitio before, if once the thing were never so little converted to seem temporal, Away with it presently, Grant it no longer protection here, but allow suit for it wheresoever; But if it remained, spiritual vel spirituali annexum, it self, As reason would and the nature of the thing required; the King says, the Law says, the Parliament says, and all, let the Church have her due; If it be to try these things and bring them home to her own house, let no envious encroachment grudge her right, no not though by continuance of time the things have run so long, as they may seem to have degenerated into a Lay-commodity. Chap. 2. Also if debate arise upon the right of Patronage, and the Quantitie of the tithes do come unto the fourth part of the goods of the Church, the Kings Prohibition shall hold place, if that cause come before a Judge Spiritual: Insinuating, (and the practice hath been accordingly) that if less then a fourth part, (or the Patron of both the same, for so it was,) it must be tried as before. And so chap. 5. where no Prohibition is to be had (as in the title) if tythe be demanded of a new Mill; And the text: Also if any do erect in his ground a mill of new, and, after the Parson of the same place demandeth tythe for the same the Kings Prohibition doth issue, &c. the Answer: In such case the Kings Writ of Prohibition was never yet granted by the Kings consent, nor never shall, which hath decreed that it shall not hereafter lie in such cases. And then let the Parson alone: His strength is, those Canons will do execution enough; De proventibus autē Molendinorū volumus quod decimae fideliter & integre solvantur, had Rob. Winchelsee said before, then in force. Integre, that is without diminution, the tenth dish, not the tenth penny, saith Lindewood: And m • morand. these ( Articuli Clori ) and Circumspecte agatis, and some other had a clause to keep them inviolable by the late Parliament determination of 2 Edw. 6. 13. in the end.

Follows next Edw. 3. and here we have more: In every K. Raign almost somewhat, if but for recognition, and to show that that piece agreed with the whole. As first, There had been over-lookers, as before, of the Jurisdiction Christian, who disturbed, and discouraged, (but they did but overlook and hinder, not absolutely take away; the thing remained, and hence proved.) Also some that pulled away a branch or bough rather from the tree, hindering by Scire facias from the Chancery the trial of Dismes from its proper Court: The King in the Statute for the Clergy before mentioned, gives remedy for both in the two last Chapters of that Act. Chap. 6. Item, Whereas Commissions be newly made to divers Justices, that they shall make inquiry upon Judges of holy Church, &c. But the whole was transcribed before, whereto I therefore remit. Mark chiefly that clause, that Causes testamentarie and others, did notoriouslie belong to the Cognizance of Holy Church, and the King said so. Not Rob. Winchelsee, or Jo. Stratforth, or any of the past or then present Church-Ministers, who did no more then they had power; but the King: Nor did they encroach, saith He; It was rather Then an encroachment upon them to interpose and trouble the orderly motion of their wheels tending to a just administration of things and giving every man his due in a way allowed by all the power that then was above, and public. Chap. 7. Item, Whereas Writs of Scire facias have been granted to warn Prelates, religious, and other Clerks to answer Dismes in our Chancery, and to show, if they have anything, or can anything say, wherefore such Dismes ought not to be restored to the said Demandants, and to answer as well to us, as to the parties of such Dismes: that such Writs from henceforth be not granted, and that the parties be dismissed from the secular Judges of such manner of pleas. Saving to us our right, such as we & our ancestors have had and were wont to have of reason. God forbid else, and that whether Supreme or Temporal power should be abridged of its due by any dependant or inferior: for the Charet never moves so well as when every wheel keeps its proper place, and every power does its own work without any others troublesome let or interposition. A wen in the body, or any monstrous excrescence (besides that it deforms the whole) robs the other parts, and none is so much pleasured with what is superabundant, as the rest is displeasured by following necessary defect: The injury of any member redounds to the prejudice of the whole body; And the Common-wealth flourisheth so prosperously never, as when every limb acts for it self, every member does its own office, the head, foot, hand, eye or other part commanding, obeying, ruling, or being ruled as it ought, and none usurps or launcheth out over-busily into that of cure which belongs in proper design to another. Here it was meant so: and therefore, Saving to the whether Supreme or Temporal power, what did belong thereto, the appearance upon the Scire facias is discharged. Can anything be more plain? And if such inquiries had been used to be made in the Court of Religion (as this Statute implies) Then, and must be there, and were here sent thither by the Parliament, And They when things came thither, said the tenth sheaf, fleece, colt, or lamb was due. Can anything be more certain then that it was so done even by their recognition, assent, and purposed appointment, and ought accordingly to be paid? Whosoever did, had an unequal task to struggle against, the mighty Law, and Sovereign power that made Right, if he would go on yet waywardly to contend. The Law is, as God's Word saith of an Oath) the end of all strife; since then It said so, and in other matters it uses to make an end, being the bottom of Right, the highest appeal, and uttermost any other men had to say for anything, how vain must they be, who would contend, that were thus concluded before they began, and all-ruling oracles of Law rightly sought, and duly applied, and discreetly drawn forth, had determined of before, The tenth was due, and must be parted with?

About three years before, in this Kings Raign there was a repealed Session, part whereof is made to look this way: The words are these. Item, It is accorded that the Ministers of holy Church for monie taken for redemption of corporal penance, nor for proof and account of Testaments, or for travail taken about the same, nor for solemnity of marriage, nor for other things touching the Jurisdiction of holy Church, shall not be impeached or arrested, nor driven to answer before the Kings Justices, nor other Ministers, but have Writs from the Chancery for discharge, &c. which I find construed in favor of tithes: But because it was repealed soon after, and doubtful when it was in being, the several possible senses of the words leading the grantors mind to look (not improbably on either part) two ways; I pass it over, and come to the Statute of Sylva caedua, which was sure to the purpose, at least by consequent. It was made indeed against some exactions of tithes, yet so as it implies for other; The by-blow sets up to rights what the direct had pulled down, and By saying Some should not be paid, The rest it should seem Should; For a Prohibition allowed to take place for trees of twenty years growth, and no more, seems to whisper and suggest that in others it shall not, or the rest is left to course of ordinary proceeding. The words were given before, not needful to be repeated again, and the most of practice and the regulation of things has been, I believe accordingly. Laws are commonly like two-edged swords, they cut both ways: If they say This, they mean That; If they give the Negative, they imply the Affirmative; If one in prohibition, the other to permission; If they say, a thing shall be hindered, and so far, they imply farther hindering is not meant, but the thing as to the rest is left at liberty. Forasmuch then as the Canon gave tythe of all (growing and renewing) and the Statute, finding fault with some of the latitude, gave order to prohibit but of twenty years growth; the restraint of this size is implication that liberty is left to the rest, and the hindering but so far that in the rest was scope; Which being for the tenth Faggot, Heap, or Cord, the Jurisdiction thereof, yea the Law thereof, and thereby Right is not a little hereby, nor obscurely furthered and ratified. Or otherwise observe, as before, twothings: First, Lex terrae did here interpose, and when anything passed the Synod, the State could not brook, This 's power controlled That 's Canons, which hindered the Right of Tythes effectual from going any farther then the Crown Law would allow. Secondly, but in that which was Sylva caedua properly, or Copp • ce-wood, this interposition was not, but the other power left at liberty (known to resolve as before) Therefore there was still a connivence, and so far consent and approbation, and so this Law was first against Tythes, is secondly for them; at first hand against Some, at second for Others, And affording but a prohibition for twenty years growth, leaves, yea wills, (upon the matter) the rest, and less to be paid.

Touching which Prohibitions one thing more is in this Kings Raign (from the Statute too, for still that is to me most authentic, and as a public Act, more safe ground of opinions then any private thinkings, which I would make use of only in defect of those) and it is against multiplying Prohibitions upon Prohibitions: Corrupt practice may after have prevailed, and by degrees it have been brought in, that a succession to five or six generations hath followed, the Libel remaining the same, but by a Law then it should not have been so, but one be all, and all but one: after that and consultation releasing, the Ecclesiastical Judge was allowed to proceed notwithstanding any other. And this shows both there was need of a Prohibition to hinder, the Court might proceed without a Prohibition; And that a Prohibition should not prohibit after a Consultation, all to the strengthening of this jurisdiction, (which still strengthens this right and title:) and hitherward also tend many things in that statute as 'tis called, For the Clergy, Anno 25 Edw. 3.

Richard 2. was the next that sat in the Throne, whence at the instance and special request of the Commons he published sundry things in amendment and relief of the Realm, and among them two in relief of the still oppressed as then thought and disturbed Ecclesiastical Jurisdiction. The Prelates and Clergy of the Realm do greatly complain them of that Disturbance, in matter of Tithes, against the Franchise, &c. But the words hereof were given before, there needs only now to remember thence: 1. That Trial of the Rights of Tithes is there said to belong to the Church Court. 2. It was then so. 3. It had been so. 4. Of Right it Ought to be so. 5. To disturb was against the Franchise (allowed and ratified by the Charter) All which things are there plainly in a Parliament law acknowledged. It was no new Incroachment, but an allowed usage; It was no new Custom then sprung up, but 〈 in non-Latin alphabet 〉 delivered from hand to hand through many Generations: It was not a senseless Custom, getting head, tantùm non against reason andequity at first, but the sage and advised Law had thus at beginning stated, and till now declared and appointed: And maliciously and Unduly, 'tis said, (to note the Fountain whence that grave Assemblie thought those bitter Streams proceeding Malice and Wrong) men were indicted for doing their then duty, as of Right they ought to do, and of old were wont to do: but to proceed; in the next Chapter is more.

Item, It is accorded, that at what time that any Person of holy Church be drawn in Plea in the Secular Court for his own Tithes taken by the name of Goods taken away, and he which is so drawn in Plea maketh an Exception, or allegeth that the substance and suit of the Business is only upon Tithes, due of Right and of Possession to his Church, or to another his Benefice: that in such case the general Averment shall not be taken without showing specially how the same was his Lay Cattall. Here was

• 1. Somewhat distinct from Lay Cattal, and to oppose thereto.
• 2. Tithes due of Right, and that by Statute-testimony.
• 3. Something to be done before the Secular Court can take notice when the subject is Tythes:
• 4. The scope of all to hinder that Court.

For if the Land-owner might suppose them Lay; then as it was an offense for the Church-man to take them, so that offense must be examined in the proper Lay Consistory: but if they were Tythes taken away, (the Church-man's due Own) then elsewhere, (where it was known what would be said) and That seems forbidden, This furthered. The Goods must not be supposed Lay Cattall, They might be proved the Takers own Tythes, which must be done only 'tis known where; And so the whole doubt of the Lists where the Controversy was to be tried, (which was the thing in question) vanisheth. This I take to be the meaning, the words being dark, and observe all along that Lindwoods Collection seems referred to as Text, and even the Secular Law relates still to those Rules (as approving) to try by them, whether this or That shall be taken for Tythes or not? So that interpretatively the very Canon (by approbation and allowance from abroad) is the Rule of some Civil Right immediate with us, and the Giver of some Title of Dominion, the Church by intimation and supposition of the Parliaments Civil Law.

Immediatly the next was Henry 4. of Lancaster, whose fatherly care continued to keep together these Dues to the maintenance of Religion; and whereas some of the Order of Cisteaux had procured Bulls for the discharge not only of the Land they used, (which was allowed and a singular Exemption) but of what they farmed out, which would not be allowed in manifest dis-agreement from the rest, against this it was ordered. For as much as our Lord the King upon grievous Complaint made to him this Parliament, hath perceived that the Religious men of the Order of Cisteaux in the Realm of England, have purchased certain Bulls, to be quit and discharged to pay the Tithes of their Lands, Tenements, and Possessions let to ferm or manured, or occupied by other persons, then by themselves, (for such discharge must be, or else all paid;) In great prejudice and derogation of the Liberty of holy Church, and of many Liege people of the Realm: our Lord the King willing thereunto to ordain Remedy, by the advice and assent of the Lord's Spiritual and Temporal, and at the instance and request of the said Commons hath ordained and stablished, that the Religious Persons of the Order of Cisteaux shall stand in the state that they were before the time of such Bulls purchased: And that as well they of the said Order, as all other Religious and Seculars, of what estate and condition that they be, which do put the said Bulls in execution, or from henceforth do purchase other such Bulls of new, or by color of the same Bulls purchased or to be purchased, do take advantage in any manner, That Processe shall be made against them, and every of them by garnishment of two months by Writ of Praemunire facias. And if they make default or be attainted, then they shall incur the pains and forfeitures contained in the Statute of Provisors, made in the 13 Richard 2. Done in the Parliament at Westminster, in the Utas of S. Hillary; and we have by it a notable evidence of the King and Kingdoms good will and allowance of the continuance of these Rights, that they would not suffer them to be curtolled or kept back unpaid, not by virtue of an Order from Rome, (whose power how great it then was, all know) but willed rather a Praemunire against the Detainers, Perverters, and their Adherents and Assisters: The rest did, so should they set out their Dues, as of Right and accustomed; A strong evidence they were due indeed, when the State would not suffer them unpaid! Now not only these but some others, it seems were wavering or shifting: The Fermours of Aliens gave within few years after occasion to this Vote. Item, It is ordained and established that the Fermours and all manner Occupiers of the Mannours, Lands, Tenements, and others Possessions of Aliens, shall pay, and be bound to pay all manner of Dismes. (It seems others did, for this was no positive single Imposition upon them, but only an Exemption from that they would have been exempted from) thereof due, (they were then no voluntary Benevolences, but discharge of Duty, and Due upon Command, though more acceptable if their readiness made them free-will-offerings,) To Parsons and Vicars of holy Church in whose Parishes the same Mannours, Lands, Tenements, and Possessions be (according to the manner then used and custom established for parochial discharge) so assessed and Due. Again, as the law of holy Church requireth. (That the bottom, indeed of all, looked upon by the State, and here required to have obedience; and in others by the same reason; for why should we think These had any special Obligation to a Rule by themselves from the universal, which did rule all?) Notwithstanding that the said Mannours, Lands, Tenements, or other Possessions, be seised into the Kings hands, or notwithstanding any prohibition made or to be made to the contrary. And yet notwithstanding all this too, that backwardness and evasion of the Cistertian crept further, which made it needful to bind up all by an universal Decree within few years after, The grievance and remedy are there both thus proposed together. Item, It is ordained that no person Religious or Secul • r, (which is large enough) of what estate or condition that he be, by color of any Bulls containing such Privileges, (There must be Privileges, and if Bulls from Rome could not afford them, What as then could? The common condition of things is known; ( to be discharged of Dismes pertaining to Parish Churches, (Payment and Parochial. Again,) Prebends, Hospitals, or Vic. rages purchased before 1 Rich. 2. or sithence not executed, shall put in erecution any such Bulls so purchased, or any such Bulls to be purchased in time to come: And if any such Religious or Secular person, of what estate or condition he be, from henceforth by color of such Bulls, do trouble any person of holy Church, Prebend • ries, Wardens of Hospitals, or Vicars, so that they cannot take or enjoy the Tithes Due or pertaining to them of their said Benefices, Then to incur like pain at the Cistertian before. Thus to and in the time of Hen. 4. whither the proceedings show all along the good will of the State (whose Acts these have been) in favor of these Dues; looking on and not hindering, but as was occasion and fit, furthering the due execution of their neighbouring Courts Laws, ever and anon renewing the pledges of their love and testimonies of their good will, that the wheels might keep moving that brought in Tithes from every Possessour, and now it was as clear all abroad and evident to us they did so, as that men possessed anything. Henceforth therefore particular Laws were not multiplied, (as they needed not,) aiming purposely and directly at the settling or recovery of them, but those that were, were left to due execution, and that enough. The fruit doubtless (by the Churches Authority as before directly used to call for them, and the Secular Powers assistance thus to bring them in,) such an universal Payment (save where Achan would hide his Golden Wedge from the holy use it had been designed for, or Ananias and his Wife 〈 in non-Latin alphabet 〉 , clip the Shekel appointed for the Sanctuary, I mean, covetous or profane men did by evident injustice hold back known Dues, against the Law,) that it needed and had a peculiar Exemption, whoseover now paid not. I need not be exempted from a Nineth or Eleventh, because none due to be required: I want no special Privilege to be free from contributing to a Paschal Lamb, or my Shekel for Jerusalem yearly, or the old Peter -pence, because none such now exacted among us: but to be free from this Tribute to the maintenance of Christian Religion, an Exemption was needed, which proves the Suppositum strongly, even as an Exception supposes an allowance of things otherwise by the general Rule, and an Exoneration or Discharge from an Impost or Quit-rent to have been paid, allows that it was due. Three sorts were indeed so exempted, (and it was need so, else they must have paid) 1. The Templars, till they were taken off in Ed. 2. time, and their Endownments settled on the Knights of Jerusalem. 2. Those Knights themselves keeping their own, and succeeding to what as but now. And thirdly, the Cistertians▪ (of which also before,) all by the Decree of the Lateran Council; and with them some others also: As All the Orders for their own new broke Grounds, their pasture ground for their Cattle, and their Garden fruits; some for all their demains by particular Charter from Rome; or by prescription, (of lands in the possession of Clerks;) or by Grant, or by Composition, or by Custom: but these still, and the more they were, do all so much the more confirm the general usage, from which that men might be free they needed this Exemption. And this so well settled and quietly submitted to, that till the loud and boisterous storms in Hen. 8. time, when all was shaken, I meet not with here any disturbance, or any public order, that (it seems) needed or had occasion to call for any new obedience. The Canons, last as they had been, placed as they were, and assisted (which was never wanting) with the whole force of the Temporal Power, kept all in awe, nor were Tythes but brought into the Store-house All, in the Prophets phrase to have better use made of them than I doubt commonly was. For 'tis the charitable intention of man, the wise provision of the Law, by the blessed providence of God that sets things often in a good way to honest or holy ends, but the corruption of man hinders; seldom does one half come to good, or are the things not to abuse enough perverted, how well or piously soever levelled and intended.

CHAP. XXIII.

T Hus for six successive Princes Raigns: Under Hen. 5. Hen. 6. Edw. 4. Edw. 5. Rich. 3. and the wise puissant Hen. 7. nothing being heard of murmur and discontent, but all in peace and silence. The Canons as in Lindewood, &c. governed the Consistory: Westminster sent to control as often as any noise was made of extravagancy, by Prohibition: Some prudent Statutes, as Circumspecte Agatis, Articuli Cleri, &c. had bound their hands too, that they might not send as oft as they would, but when abuse called for remedy; And so things went on in Harmony for justice, peace, and order through this interval: Laws already made were obeyed, and more were not made, because those that were, were both for their end sufficient, and set in a way to have sure execution.

But now in that general Earthquake when this Earth was moved, and all the Inhabitants thereof, though some Men stood, and some Parts were not overthrown, When the turbulent passions of that mighty and boisterous Prince left nothing untouched or unshaken, and that some might seem at least to stand the faster, other parts were thought fit to be quite pulled down; yea, buried and intombed under the ruins of their own glory, as 'twere by the fatality of Jerichoes curse, Never more to be reedified, Maledictus vir ill coram Jehovah, qui surget ut aedificet, &c. yet even Then was no prejudice offered nor diminution made of this part of Ecclesiastical Revenue, or Jurisdiction to bring it in, (a great argument of its strength that had over-lived a storm, and some necessity that it was preserved when that next was chosen to be cast away;) But before this great work was done by himself and his son, divers new sinews of strength added to confirm all that had passed before, as well by clearing the right had been by some new Statutes to evidence the justice of the claim, as by creating a new power to fetch them in, and enabling (secular persons at least) to sue for them in their own Court, the new Statute way: Not abrogating the Ecclesiastical, but giving choice of this; Pointing to a new remedy besides the old, (as commonly understood, though some doubt rationally,) But for certain not destroying That utterly: For the often mention of it upon other occasions as well as this, with a clause of Proviso inserted to fence all from violation, shows plainly that K. Henry meant what he did, and none should or could cross his purpose, sc. though the Pope went off to keep the Church-power up, and though the Abbeys went down, yet Tythes for the support of Religion Must Not be meddled with. Such power I mean as might begin and end its motion wholly within itself, like the wheels of a watch that keep themselves going by help of a Spring at home▪ needing no power from abroad, not of a clock whose moving weights are without, and so liable to the inconvenience of foreign disturbance: or as the highest sphere of all, Primus Motor, that keeps it self a going by itself merely, not like the inferior that wait on superior influences; Such power, and the Jurisdiction of Tythes therewith and thereby, and the right of Tythes by consequent, yea, in Statute words expressed, not needing any derivation, He kept up in vigor, life, strength, and quickness, as it was of use; And as well the Records preserved as other means of information obvious enough do assure, that to his time, through his time, in it, and on this side the Law continued, which settles all, to settle these, and leave them settled, an indefeasible inheritance to us their unworthy posterity: And as they were left, so I hope for God's glory, and the maintenance of his service and servants, (the laborers that bring in His Harvest) they shall not but always continue to all succeeding generations. For, Who hath despised the day of small things? says the Lord in the Prophet: Or, who can deny but small things may be of great use and consideration in the greatest, since by Divine appointment Badgers skin and Goats hair were offered acceptably to the building of a holy Tabernacle, whereby, was intended the great God of All should be honored and sanctified? That Lord ( Dominus cujus est terra & plenitudo ejus ) who despised not a convoy of the meanest and simplest of beasts for his person on earth, seems Still to Need the vile things of this lower world to set forth his glory in this vile and lower world, and if any one say ought to the contrary, or in froward opposition, say still, as then, the Lord not only useth, but hath need of them: His servants, though His, live yet by bread, if men, as well as by every word that proceedeth out of His mouth, their Lord and God. And since, Though Jehovah could not be pulled out of Heaven by extinguishing any of those Lamps that burned to his honor in the Temple of the Lord at Jerusalem, yet his wise old servants knew that unless their care, cost, and love did procure profane oil from Syria and Arabia, Those Lamps (with his honor) would go out on Earth, which made them contrive, purpose, and do accordingly; Even so, since the nature of things is still the same, unless there be left such loving and discreet followers of his now, by whose vigilance, industry and care, some constant supply may be apportioned, and issued forth for the maintenance of the outward part of his honor and support of his Gospel, and those servants of his that do his pleasure in holding it forth ( 〈 in non-Latin alphabet 〉 , Ministers that attend this very Thing, ) It is not without the compass of manly and Christian fear to be jealous, lest the light and brightness of the glorious Gospel of Jesus Christ, (now shining in the faces of all men, though not reaching to their hearts, it is much to be doubted, much less returning fruit in their answering upright lives,) should (which God forbid!) be extinguished upon Earth by our negligence and parcimony, though his Deity we trust shine now in Heaven, and shall, and ever, above the brightness of the Sun, and beyond all Eternity. We hold God to be the end of the soul, Truth the way leading to it and Him; The Church the pillar and ground of truth, to hold it out in view to the world, (this we are sure of, 〈 in non-Latin alphabet 〉 , the Apostle tells it us,) and the public Ministers are the Churches servants: If then these servant shall do that work in holding forth this truth to guide to that end, They (being Men) must not have their daily allowance of Bread withheld from them, which keeps them hayl and strong, that they may live and be Able to follow their business; or if it be, the bottom foundation fails, and the whole frame must be left to sink and ruin with it for want of sustenance, or undersustentation: Unless by an unhallowed presumption we dare go on Tempting God in stead of Trusting him, still urging him to do, and expecting he should do, even ordinary miracles for our extraordinary preservation (and then daily miracles would scarce be any wonders,) putting him upon more work yet, after his Consummatum est, to multiply loaves for his improvident Disciples, and leading him once more out of the way into the Wilderness, to lead us out of the path of his ordinary course of Providence to expect food from Heaven, when there is plenty enough upon Earth: Which if, and the boldness of our unreasonable presumption rather then well-instructed Christian faith, could be content to put upon Him, Whether yet his servants who are to do the work, and being party to the whole had need of some liberty of choice for refusal of the conditions, could be content to accept for enough for their parts, and hardy enough to trust to as their sufficient Viaticum for this convoy and their journey, may not, (considering their human frailty,) be without some doubt: As in the space of forty years to hope for no reparation of clothes, nor to put on a new shoe in half an age, and go provided with nothing but naked poverty to carry them through a dry and barren Wilderness, (where no water is,) Hungry and Thirsty, their souls fainting in them? Yes, They will; questionless, This and more, if they be called and compelled thereto; if the enemies of God will deny them the way, and the condition of things in an orderly Dispensation of Providence lead them to want as well as to abound: But all the friends of God will rather guide and help them in the direct right way to their Canaan, Neither denying them bread and water for their money, as the cursed Amorites did, (but were after sufficiently plagued for it,) nor money, if needful, to buy them what they want for their comfort in the way; It being one of the most reasonable things in the world, that they that give Heaven should not want Earth, and They that sow to us Spiritual Things should not but reap our Carnal. To all which things answering and well agreeing, it was therefore religiously, piously, and prudently, as well as justly resolved by those Councils guided Hen. 8. to diminish nothing here, but to keep this settled and ancient Revenue of God's honor free from the touch of sacrilegious, profane, and imprudent as well as unjust hands, That no covetous Gehazi that loved his gain more then godliness, should meddle with that belonged not to him: nor greedy unconscionable Israelite with this portion of his Brother Levi, due for his service he serves in the Tabernacle of the Congregation, (and as necessary for the Common-wealth of Israel, as Judah's, Simeon's, or Benjamins; ) but when every one has enough, he should be free from want, and by as good security as any other claims his Right by, his Tribe have its Own also, (not by benevolence but by Right,) and so have occasion to bless the Lord his God for the good land he has given him with the rest of his Brethren: It being among our Divine Oracles, agreeable to the Laws of Nature, Equity, Reason, and Civil Commutative Justice, that He that gives should receive; The laborer is worthy of his reward; No one going on warfare is to march at his own charge; He that feedeth a flock should eat of the milk of the flock; And as He that waited on the Altar heretofore, did partake of the Altar there, So he that ministereth the Gospel now, should live, 〈 in non-Latin alphabet 〉 , not of the Gospel, but of the Reward of his good message, or Glad tidings, as hath been somewhat Critically, but very Judiciously and Soundly observed on that Text.

Thus then this Politick and herein wise and just Prince resolved, and accordingly gave his mind in sundry Acts passing his seal. The first whereof (clear enough in itself, and consequentially much to our purpose) was in cutting off Appeals from hence to Rome, and so making this Island-Church (as having no dependence of abroad,) a perfect Independent Congregation. For so it was then judged most expedient; that the affairs of Judea should not be sent necessarily to Egypt or Babylon; Jerusalem might conclude all controversies that arose in the Land where Jerusalem was, and our Kings Crown being of Circular and thereby most capacious form, was large enough to involve and comprehend under it a resolution of all those difficulties might arise under it; And that Therefore all doubts should be referred to him, Therefore all foreign Appeals should cease, Whereupon ordered and set forth as followeth: 1. That this of England was an entire Monarchy: 2. Had suffered prejudice by appeals to abroad so long, as in Causes Testamentary, of Tythes, Oblations, &c. 3. It should be so no more, but even those causes (of Tythes again expressed,) be here put to a period: And therefore, 4. Enacted, That All causes testamentary, causes of matrimony and divorce, Rights of Tythes, Oblations and Obventions, (the knowledge whereof by the goodness of Princes of this Realm, and by the Laws and Customs of the same appertaineth to the Spiritual Jurisdiction of this Realm, ) (mark that Parenthesis, and the weight thereof, and this engraven in the inside of a Law, inferted into the heart of an Act of Parliament, to give the testimony certainty of credit, and the thing as much assurance to us, as anything we have, without the Bible; that all such causes, I say,) already commenced, or happening hereafter, &c. shall be examined, discussed, and definitively determined, as the nature of any of the things aforesaid shall require, (here at home,) With power, command and threat to all to do their duty; Appeals to whom they shall be made; and from whom; and where the final decision shall rest; and All in All the Branches before specified: Which does as much as any one Parliament Law can establish and assure the then power of the Church, and thereby her following Acts, (even about Tythes expressed and by name,) and by consequent the Right and Property that should be at any time the result and fruit of all: Which must amount to we know what.

In the next year we have more of the same nature, in that concluding Proviso of 25 Hen. 8. 19. (before mentioned) about keeping life in the body of the Provincials (for a while, and till the new could be made) when the Pope the seeming Head of them was taken off. All know what dependence had been, and both to composition and execution, what influences were formerly derived from that foreign power upon those Laws: When the Head is cut off, the lower Nerves use (and by consequent limbs) to lose all power and motion for want of intercourfe with the brain wherein they were rooted; which might be feared or doubted here reasonably, and this made it necessary to infuse a new life of power that should serve (as then intended,) for a while, to quicken the old body, till a new should be framed by chosen workmen to fit the King better, as to making and execution depending solely on his authority. Accordingly done. The mentioned Proviso ratifies all Canons, Constitutions, Ordinances, and Synodals, till the thirty two should have proceeded effectually: If they have so done, we have gained enough, (even to this particular,) and shown how before: If not, this Howsoever we have gotten, that the strength that is in the Provincials, all of them, Those for Tythes before, and all other, (save what since revoked, as about Tythes nothing has) stands firm and fast by Parliament Constitution, and the evident sense of the words is to the purpose of these things unavoidable.

But if both these be yet remote, or not so fully home, wrapping things only in implying generals (or consequences) that take in Tythes but implicitly wherein by derivation, (which is always to us fallible) may be mistake; Come we next to that which principally and fully, and in its final and clear utmost scope intends and expresses Dueness, yea, Makes it, and where the words of the Law give the utmost any order can, a purposed Right and way for Recovery. Where is that? When the Cloisters went down and the whole Ecclesiastical state was thereby troubled not a little in 27 Hen. 8. Then was it needful, and Then was it done; and Then the right of these dues established, intended to be perpetual. How appears this? By the Statute made the same year, in chap. 20. which (thereon to make some judgment by the way) as it is among the next that are nearest on this side toward us, So is it the utmost and farthest on the other, most men's weakness of sight is able to discern or reach to the apprehension of, and yet they think they ken all, and reach (as they do, as far as they can,) the bottom whereon all is settled: But blame them not, their sight is dim, and being hindered by business, idleness, averseness to the thing, or manifold other sorts of incumbrances, or distractions, that they cannot, or do not purify or strengthen it, by art, study, industry, and other painful and laboursome means usual of searching and gaining the truth, they work not beyond the sphere of their power and ability, making able and fitting judgment of those things, they have not the plain and simple knowledge or apprehension of, that thereby they may be so able and prepared to judge. They are reputed Learned, if they can little more then turn an Almanac, understand some plain English Author, or but have seen a Statute, and then, as the Aborigines of Italy, which born and bred there, travailed never far from their simple homes, but wonder at all abroad which strangers tell them; Or, as some simple Rusticks, who used to behold only the hills that encompass the valleys where they live, think them to be near the end of the world; if anything be shown them done beyond the mountains, they dare scarce believe a part, and will rest much persuaded that, whatever travellers tell them, is, (though they say, what we have heard and seen, declare we unto you,) little better then well-composed fables. For they walk by sense, and not by faith, or that little faith they have, is confined to the things of their own narrow hemispheres; Even so These, the utmost of whose knowledge, or highest of whose possible conversation or acquaintance, is but in some plain simple English Book, perhaps broken Statute Book, or perhaps but some Abridgemement or Compendium (Dispendium, those excellent instruments of advancing ignorance, and by help of little cost or pains enabling sluggards to know upon the matter as much as comes to just nothing,) build certainly and confidently upon this little as if it were All & enough, are resolute & confident as if there were no more, and if anything be obtruded or questioned farther, they bestow but their attention or wonder, with Jewish incredulity they will not believe, nay, though a man tell it them: Suspecting all that is beyond the narrow compass of their very short reach, and not much caring if all other superfluities (they esteem them so, because they are not able to judge of them) were buried in the pit of utter forgetfulness: As little considering that their foundations have foundations, and those yet again other, and other, and under, and yet farther under, and take away either, or the advantage and stay of either; the readiest way is taking to stir all, to unsettle the firmest, to tumble down the highest, to leave order, happiness, peace, and wealth, buried under a heap of rubbish, and the fair piles we now behold and enjoy, even All the fruits of an orderly and advised disposition of things intombed under the scattered fragments of its own ruin and very confusion. For old things are not to be cast away without possible inconveniences to new; the foundations unseen, are still a part of the fair building, yea, do support it; and take away the lowest, the next still sinks of anything, and by degrees All; Even so take away the first settling Laws, the under-praestructions whereupon things had their first settling composition and stay, the rest totters, and may expect ere long ruin in a State; Particularly for tithes, their fastest and most solid strength seems below in the old unseen acts of gift and first disposition; the new can be never but a fair and presently useful declaration, to set out uttermost to the sight of the world, and as the paint that shines for people to gaze upon; the strength of the wall and house both is in the enclosed materials and rocky foundation. Yet because these are of great estimation with the multitude, and ought indeed to be of some with All, I shall not shun to give them entire, in the opinion of the many enough to create a right, if naught else were, as if naught else were, perhaps they might: But as now things stand, are so far from doing it effectually and only, that they do it not in any degree; Any more then if a present Act should be made about Fines and Relieves, the next age might think it gave the Lord that Right we know he enjoys already; Or, as a new Act about Quit-rents and Herriots should be mistaken to raise or warrant the things no man but knows had right before; (The most in addition any new order can do being but to rectify, dispose, or settle some new course about the things so due already, that 'tis that injury comes near a Theft, to subtract or deny the just payment of them:) So the following later Statutes nor do, nor can anymore but to revive, quicken and establish the ancient right of tithes, (extant and of long being before,) awaken men's dullness, enforce their payment, remove obstructions that have grown in by corruption with time, and make that which is shine brighter and fairer by the fourbishing over of a new and fresh authority; Their dueness being that these statutes did never intend to meddle with, infringe, further, help, nor hinder, but they were what they were before; and it were one of the most pitiful pieces of Ignorance befitting only the Vulgar heard of unlettered Simplicians, and deserving rather commiseration then the exercise of any of our manly passions to entertain a thought to or toward the contrary. What! that these later Statutes created tithes! Made them due! Gave them! that their abrogation should have a possibility of taking them away! and what the service of God has to trust to by virtue of their promulgation! This is such a shallow conceit is only worthy the weak brains of the multitude, where only it possibly could be hatched or can be tolerated or endured; no more excusable then if any should say, Aristotle's Astronomy gave the Sun a being in the Firmament, or Charta Forrestae first set up Game, or a present Law, if it should dispose of, did erect Parks, and Chases, or a new order about Escheats or Mortuaries, the next mistaken Age might interpret to give them being and first beginning. But to the words of the Statute, which both in the beginning and progress have dueness of Tythes existent and then in being supposed, and they are as followeth.

This was the Legislative part: follows order in case of contumacy, that the Ordinary or other Judge shall crave the assistance of the Justices to attach the party, and commit him to ward, till he shall recognise to yield quiet obedience, &c. Provided that this extend not to London, who were to have a way by themselves: nor to hinder any remedy by due prohibition, &c. Nor anything to continue longer then till the new Canon should be made, which is not yet done, and whereof before enough. Mark the whole Tenour; Is here any thing of giving Tythes? Of wronging any man of a Farthing by a new and forced Imposition? Of removing from one to settle on another? To enrich Peter by taking from Paul? Not a syllable. But all upon supposition, that somewhat was due before; Let that be paid; or if not, the allowed ancient course is awakened and quickened for recovery. So 'tis only a Declaratory Law, as Sir Edward Cook speaks often upon like occasion, renewing what was, and rousing up the dullness of perverse and covetous men to pay, who were found backward; but this was a goad to force them on forward in the way they had went, and wherein they ought to go. It were a disparagement to have here a Right settled to the Thing, and to it in our opinion, (yea, to our opinion it self) to think so.

But it seemeth things went not on by help of this new Law fully according to desire: The Times were we know troubled, and many other Rights being both unsettled and removed, no marvel if these (Neighbors to them) were also shaken. Divers no doubt wished them more then so, quite down, the mouths or rather Gulphs, or rather then both hellish depths of sacrilegious and covetous carnal men having never been but wide open to devour what ever was sacred, and here stood gaping to swallow this morsel none of their Own, but due to man in Justice, as well as to God for Religion, and by Dedication. For going on to subtract the just payment, the complaint is evident, inshrined in the sacred Monuments of the Law it self, and entered the Parliament Roll for memory, with what the wisdom of that Council (the Representative of the Nation) could afford for remedy of so large a spreading inconvenience. It was intended chiefly for the new Impropriator enabling him being Lay to make his Complaint in the spiritual Court, but reaching in all other also; with intent to let him in with them, by no means purposing to shut or let both out, and though with due restraint at first to that examen only, yet Evasions were after found that both have used to go out, where no more was intended but to let one in. The Law speaks as followeth.

And so on to the Appellants paying Costs before he remove the Sute; Order to call in the Magistrates help in case of contumacy; saving Lands discharged of Tythes, and the City of London, &c.

This is that clearly is, and if there we no more, one would think, enough to settle as far as an Act of State or public Decree can, both a right and a course of Justice, that men should both be apportioned these Dues, and know how to come by them; of which yet I remember my word before, and far deeper is laid, and upon more firm, and lower, faster ground then any single tottering Act the Foundation of this Right, which settles not but upon (or with) the whole body of immovable Fundamentals of the Kingdom, is clasped in with the Roots of Government, hath grown up with it through all her known progresses to the present State of perfection, is flesh of her flesh, bone of her bone, nor can, is much to be feared, without mortal violence admit a partition and segregation: such, as if men's private parcimony and pinching, wretched Covetousness, joined with improvidence and injustice, should go on to call for so great a mischief upon themselves, would endanger to shake the frame of the whole Compages, and by the same unadvised Principle of its unjust and violent removal leave little constancy or assurance of any thing. Which great Possessours had need chiefly to look to, and prevent if they can, upon any pretence; as of easing poor men of their heavy burdens, preventing Troubles usual in separation, hindering costly Suits formerly multiplied, wherein Christ's Minister had sometimes the hap or favor of Justice, and to get the better of his wrangling adversary, that will remove the ancient Land-mark, will remove any; they which complain of this Imposition may ere long think others heavy; that will unsettle one property will unsettle another. None is more rooted then this, hath its arms and fibres dispersed through the whole body of the Laws Common Law, Canon Law, the Statutes, the Conquerors, S. Edwards, King Edwards, (the one past, the other to come) and hath indeed over-lived all the mutations and revolutions of State that have been ever since here we have account of anything. Good Englishman take heed in time, thy lot is fallen to thee in a fair ground, yea thou hast a goodly heritage, if thou canst be contented, thankful, quiet, serve God, and give every man his his Due. As Hamor and Shichem to the sons of Jacob, The Land behold it is large; Here is enough for every one, if we can do as we would be done unto, give every man his Own, and suffer the Law to be master and only safe Rule▪ to walk by; I am thine own flesh and blood, and cannot but love thee, (yea, myself in thee,) with such tears of love I beseech; Let no grating Incroachments procure mutual Trouble and molestation; Let not cruelty, covetousness, self-love, pride, malice, discontent, or pining envy that another man should have more then ourselves, that another should have as much as ourselves, that God's Minister (our Governor in the Lord) should have an Own with us, (his known and granted Due,) prevail, least we wrap him with ourselves in misery and woe, and all together in rage, fury, trouble, war, and by these woeful steps at last, temporal if not eternal confusion. If the public had passed anything to the contrary, This would alter the case; But I speak as Things are.

CHAP. XXIV.

T Here remaineth yet one Statute more, the last direct: He that reads the former, and considers their plain, open, and full Contents, would scarce think it requisite their plainness should have an exposition, or their fullness and sufficiency could need any supplement: but men love the things of this World Dearly, if any evasion be to be made from parting with the love of their souls, they will find it: Call they the things of this World Goods? their fears, hopes, cares, desires, and all the affections of their souls show an higher price in their estimation, as Best; and loath to depart they sing, for Religion, Gospel, the Service of God, and to redeem the acknowledged Ordinances of Heaven from the land of utter forgetfulness. Such is their worldly mindedness: I speak not of all, but so many there were heretofore as made it needful to add, what young King Edward did, and by the advice and Authority of his Parliament to make yet stricter provision that former good Laws should not be perverted (though 'tis complained His is since as much perverted as any) and men might not withdraw their Dues upon any occasion. This was done soon after he began his Reign, and in the words following.

I have given this the more fully, because it seemeth the last direct binding law: and though it be at top, the bottom whereon all is settled; But so is it not: There is that lays five times deeper, as hath been shewn, and the axe must be laid to the root of the tree, even the bottom of all Law with us, and more then 500 years deep before the utmost can be reached here, which every private man should do well to think of, that dares give his thoughts scope to deliberate about eradication. What is it to go down so low, and strike at those humors by strength of Physic that have their sediment at the Root of Nature? Galens hand trembled the day before he gave his Rubarb, foreseeing thereby the violence he must offer to the whole by pulling away a part, and to fetch some superfluities away, the Body must be shaken: If vigor of nature should not here meet to assist, no less danger or fear then which it might import to think of purging out so settled corruptions; if tithes be such, and not as many take them, very wholesome juices. But to the Statute; the words whereof carry as much show of openness and plainness, and this written in the face of them, as can be expected or could be devised, and that for more then a tyrannically imposed exaction, a legal and just right of all accustomed Tenths to be hereby both payable and demandable: Nor do I fear to be mistaken, because lately perusing them, the most Learned Lo. Cook I find his interpretations agreeing with these my apprehensions. Though why name I him alone, when all the Learned go the same way? the painful Students, the professing Graduates, the whole Inns of Court, doubtless, and as well as the Reverend now Judges as the whole Bench of them ever since have gone on interpreting, declaring, and judging according to this opinion.

CHAP. XXV.

O Nely there is one thing wherein (with due respects) I should crave-leave to give in mine opinion with some difference from that most Learned man, (which seems also his constant resolution, because he repeats it,) and it is, That the proper scene of the trial of these dues was not anciently in the Consistory, till placed there by Circumspecte agatis, Articuli Cleri, 18 Edw. 3. chap. 7. &c. but in the County Court; Which if, much of what before would lose much of its strength, But seems not so allowable for these following reasons:

I. No such thing is averred plainly and positively, in any of these Laws, or any other, And that had need be plain and positive should have changed a thing, Such a thing in being.

II. The evident contrary is in them all either expressed or insinuated. For, for the latter it mentions the remanding or dismissing suits of Dismes back from the Secular Judge, which must be sure somewhither: And for the two former which might be answered to create that referrer, take them either together, or apart:

1. Together, and so they mention severally a Prohibition: Prohibiting, what say I? That which never was? Or, then was nowhere? This were nonsense as to the reason of it, and it were a great blemish to the wisdom and gravity that hath always attended those Assemblies to suppose they would declare anything for Law that might imply contrariety or absurdity in truth and reason: As that, That should be prohibited to be, that had not been, or that the Kings Judges should deal circumspectly with the Ecclesiastical, not forbidding them to hold plea of that they never did hold plea. The rule is in nature before the exception, the thing before the limitation; And exhibition of something granted and used before there can be thereof a Prohibition; As there must be Marriage before Divorce, and a property of Meum & Tuum, before the Decalogue can take place forbidding to steal: Even so here, there must have been a trial of tithes before with the Eccles. Judge, before the Kings could be prohibited to prohibit him; his hands must have been loose, before they could be forbid to be bound, and He used no meddle before any could soberly and rationally meddle to hinder his meddling.

2. Apart, and so all is yet plainer: for consider them distinctly, and by the first Chapter of Articuli Cleri, No prohibition was to take place to hinder the proper Court in matter of tithes, and surely then the business was there: And for Circumspecte agatis there is express mention of their there trial. For the Judge of Norwich was not to be hindered, nor his Clergy, if, 1. they held plea of things merely spiritual, as of penance, &c. in their Court Christian.

2. Nor if a Parson demanded of his Parishioners oblations or tithes due and accustomed, &c. (So that, They were there Then demanded:) and in the close: In all cases afore rehearsed the Spiritual Judge shall have power to take knowledge notwithstanding the Kings Prohibition. Which is not a little strengthened by a former Statute, (as it seems it is, though of the same year, for it is placed before it,) where it is said: When once in a Writ of Indicavit the business is deraigned in the Kings Court (that the prohibiting Patron can sustain no considerable loss in any part of his Lay Advowson,) presently as it comes to be a case of tithes it is sent back to the Court Christian, and the plea shall pass there so far forth as it is deraigned in the Kings Court.

III. The Stat. of 1 Rich. 2. 13. mentions it then, as Of old, and had Wont to be, that tithes should be tried where they were sent, but had been lately restrained; which had been very inconveniently said of such late times as were so little before as almost within an hundred years, especially by a grave Parliament, as was urged before, which useth to measure words and know things. But of this sufficiently there.

IV. The Statute of Consultation, alleged also before, was made 24 Edw. 1. sc. before two of the three alleged, and so speaks as could not be supposed more plain against stopping the Ecclesiastical Judges by Prohibition: which shows surely they did proceed then.

V. Review and call to mind what was said before here, both of erecting the Ecclesiastical Court, and trial of tithes there, and how long, (for they were under the Canon) and this will be much toward, or reach home to the clearing of the whole business.

VI. Examine things according to their nature, and they would seem always fitliest here considerable: For who looks upon things as they are, and thinks not every man fittest to take care of his own matters? The Church fittest to look to the things and support of the Church? Or, that the maintenance of our Religion could have been ever anywhere more fitly inquirable and determinable of, then in the Court Christian, the Court of Religion? Yea, even frther for this reason, because they were spiritualibus annexa, as Bracton calls them ordinarily, they must be in way of trial spiritualitati annexa. And hence also we find the purposed and dispersed tractation of them, as in their proper Cell, in the Canons; Not in the Statutes, nor in the Year-books, nor in Bracton, nor Fleta, nor the Common Law itself, (of late days,) for the nature of them brought them elsewhere for Regulation and Tractation; Why not? Yea, necessarily Therefore to the answering Court for discussion.

VII. Take the opinion of one, not less Learned (without disparagement,) then that Learned Justicer, who with judgment and much freedom inquired here into, and purposely long since; And he settles the Jurisdiction from the County to the Consistory by the Conqueror, as before. His 14. Chapter is a Judicious and Intended History of that Jurisdiction, which having found commixed with the Secular under the Saxons, and Danes, He makes them part with the Conqueror: He produces some instances of Cases soon after reasoned and determined before the Ecclesiastical Judges, and with equal diligence is troubled to find, as a rarity, some other in the Kings Court so low, as about Hen. 2. and King John, and then Regularly they began to come to the Church alone, and nere there handled at first instance only. This, (and it hath been so ever since) is long before 9 Edw. 1.

VIII. The Stat. De Regia Prohibitione, seems made when before. The print has it indefinitely for Hen. 3. or one of the first Edwards: But since no evidence is for any of these, the place and manner of entering may give it to pass that it was in the former, since, as before, in the least deceiving or to be suspected way of entering in Manuscript of about those times written, it is cast in among the Laws of that date, and by name before the Statute De Bissextili, made 21 Hen. 3.

IX. Plainly in another Manuscript of that Kings Raign, among other grievances which the Clergy in a Synod at London represented to Otho the Popes Legate, desiring him to represent them to the King for remedy; One was, The lavish use of the Indicavit, whereupon, Solent Justiciarii Domini Regis judicare, quota pars decimarum peti possit vel debeat coram Judice Ecclesiastico: which was to bind the hands of that Judge, presupposing therefore certainly, and therein that he had then some liberty to use them. And another Article: Item ne currat Prohibitio Domini Regis, ne Rector Parochialis Ecclesiae impetat eis qui percipiunt decimas infra limites Parachiae suae. There needed a Prohibition then to stop the usual course of the Parsons, suing for the tithes of his Parish; where? think we.

X. To omit Fleta, who might be but under Edw. 2. (and yet many passages are in him fair for proof, that as sure they were then, so things had continued from Bractons time:) But for Bracton by assurance enough 'tis evident from him, that he often mentions tithes as Spiritualibus & spiritualitati annexa: and indeed he that can judge anything by complex on of things, will be apt to pass his sentence from their nature; they were not far off from Causes Testamentary, Matrimonial, and other of tenderest like nature and consequence, then known to have their walk here. Among other Exceptions (treating of them in general,) he lays one sort against the Jurisdiction of the Court, describing and defining what each is, and coming to that Section, Quae pertinent ad forum Ecclesiasticum, & quae ad forum seculare, among other things this comes in: Nec pertinet ad eos (the King and Secular Judge) cognoscere de iis quae sunt spiritualibus annexa; sicut de Decimis & aliis Ecclesiae proventionibus. Item, nec de catallis quae sunt de testamento vel matrimonio. After proceeding to the Common place of Prohibitions, quando & in quibus locum habet Prohibitio, sicut de re sacra, &c. when allowable, when not; They do lay he says in case of lay fee, &c. but they do not when the doubt is de aliquo spirituali, vel spiritualitati annexo: Is tithes any such directly? It follows: Item locum non habebit prohibitio si agatur de decimis: which gives more then their Jurisdiction here, here alone without any removal; a Prohibition could not prohibit, and it had been vain again to suppose a Prohibition of that might not be prohibited. This is farther that alone that takes place to cause a suit to be new graffed from a Clerk to the Patrons name, bringing (upon supposition of wrong done to him in his Lay-Advowson,) the main to the temporal Judge by Indicavit; And this not only if the whole tithes were in question, but a fourth part, a fifth, or a sixth, but no farther: for so far the Writ of Indicavit would then reach, though since it be altered, and to the fourth part limited. Again, Item locum non habebit prohibitio de recenti spoliatione, ut si Clericus Clericum spoliaverit de Decimis vel aliis de quibus cognitio pertinet adforum Ecclesiasticum, in another place. And yet again in another, they are both styled Res Spirituales (not only Spiritualitati annexae, in their Jurisdiction as was alleged, where before, but Res Spirituales, ) and are said to shift faces and change shapes; now for This, anon for That; One while for lay, Then for tithes, and back again ere long (as it may be) to Temporals. As Lay, Laica catalla, So they are under the secular authority: As res decimatae, tithes marked out, so under the spiritual: and as sold returning back again to Westminster. Quo teneam nodo? yet thus it is, and the thing the same under several suppositions and considerations. Many other such assertions, suppositions, and intimations there are in him; The whole frame of whose Discourse bends this way, or is managed as supposing things thus, and I am confident he hath not any thing to the contrary. As for Glanvil who was before, he mentions the Court Christian often, but never tithes tried there that I could find, (though Glebe often;) This I confess: But then withal he mentions them not all to trial, nor as here, nor anywhere else, and so his authority is to be drawn neither way. Bracton dates from the farthest backward besides, And he hath as hath been seen.

And these things do, I rest assured, secure the thing undertaken for the Jurisdiction of tithes sooner in the Consistory (and by consequent their right) then was allowed by that most learned man. I hope his friends and favorers will not take it amiss that a Pigmy dare confront a Giant, or Hercules in his power have some opposition by a weak and common passenger: Magis amica veritas, it must be so with me, and before whomsoever the beauty of Truth most gracious and lovely. Exosculor, I profess to love and reverence the memory of that most deserving man, both blessing and admiring the footsteps of his ingenouous sedulity, wherever I see him tracing with so much care, industry, eloquence and gravity, the windings and turnings of his sacred profession, (for he was a Judge of Israel: ) But magna est veritas & praevalebit, Truth hath the greatest command, power, and luster with me before All, and must ever prevailbefore any opinions, persuasions, persons or names of men in the world. Which I take to be here, that the Jurisdiction of tithes was not made a branch of Church-power by force or permission of any ancient Statute, but a native and connatural branch of her first power, born with it and receiving life in this world, and hath been bred, continued, conserved, and brought up with it hitherto, nor since that Court has been, but this hath been a part of its work through all ages and generations. And so should I have done with this Statute, (whose comments have occasioned this digression,) but that finding there a clause for personal tithes, yet in force, and the things due, but little said of them elsewhere, and this thought the Only ground; For illustration of a dark truth, and clearing their doubted right, I think it not amiss to continue a few steps more besides the direct way, to inquire presently what deeper radication they may be discovered to have then the bare command of that single authority: For no question is, but they are due, and in conscience ought to be paid, as well as other dues, the Law remaining, whose Dueness arises only by the word of the Law: Necessitate praecepti, as we say, merely by virtue of the commandment; no other equity or necessity of the Thing appearing, but only because they are stated settled Rights, by like reason where to here. He that denies my Heriot or Relieve, may as well his half years rent: He that shuffles for his suit or service, Homage or Fealty, by like reason (why not?) for his Corn or money: For the same Law gives the same Due to all; They stand upon the same bottom, are brought in by the same Spring, and if this prove too weak for the one, it may not be long ere Thence the other fall short of Home also.

CHAP. XXVI.

A S to Personal Tythes then, (to lay the whole under one view,) two things very material are to be observed to have been laid down before in the bosom of the alleged Law: 1. That they were not now set up, but the Statute in making them payable says they shall be paid where for forty years past they had been: (which if it had not been here averred, without any great difficultymight have been made good from the condition of things, But we take that is.) 2. There was not only an Usage but a Right: So are the words; All persons shall pay where for time past they have paid, or of Right they ought to pay. A Right then, and an Usage, a Title and a Possession are already secured. Thus from the Statute, and beyond the Statute; but we must go much higher to search how. And we may not seasonably urge the Pattern of Abraham's spoils to Melchizedek, nor what I find urged, Decimas & primitias manuum tuarum; Deut. 12. And Bring ye All the Tythes into the Lord's storehouse, (not some but All,) Mal. 3. Or, which is most pertinent, Give the Lord his honor with a good eye,—and dedicate thy Tythes with gladness: Give unto the most high as he hath enriched thee (as 'twere howsoever,) Ecclus. 35. 8, 9, 10. Da secundum Donatum ejus, is the vulgar there: whence Alensis nimbly, Si ergo ex dono Dei possidentur omnia quae acquiruntur justo negotio vel art, de illis decimae dandae erunt: If we must render of all God gives, and he give what ever we get, then of all we gain in what just way soever: nor yet may I insist upon Councils and Fathers, as Jerome, Chrysostom, Gregory, Ambrose, Augustine, &c. the latter of whom speaks out fully indeed, Quod si decimas non habeas fructuum terrenorum quod habet agricolas quodcunque te pascit ingenium Dei est, & inde decimas expetit unde vivis: (good Reason and Divinity both;) De militia, de negotio, & de artificio, red decimas; Aliud enim pro terra dependimus, Aliud pro usura vitae postulamus. If thou hast no Land, Render of that thou hast, of God's gift whatsoever, is the short of it. But all these are without my pale. And so it may be is also that of the Decrees and Decretals; and yet perhaps not neither, by reason of the last Proviso of 25 Hen. 8. 19. which speaks doubtfully, and whether all Canons before of force remain not yet so here, (that are not against the Temporal State,) as well as our Provincials, is at least from the words very dubitable. But our own bind strongest, like our English Oak which admits no compare; So nor for strength and certainty to us our English Constitutions. Look then at first far back, and even so far as before the Conqueror, somewhat was thought on here tending this way. Some Canons I find or Rules of good credit digested and left to us under the Title of Excerptiones Egberti, who lived about the year 750. (soon after the first faith of the Nation,) and had it seems for his own use and others laid together sundry Rules which he judged most expedient to be followed; among which, (after for Tythes in general) for Personal. Decimae igitur tributa sunt Ecclesiarum, (saith he) & egentium animarum. O homo, inde Dominus expetit decimas unde vivis. De militia, de negotio, de artificio red decimas. Tythes are a Tribute due, Therefore pay of all thou livest by: of thy spoils, of thy work, and of thy handicraft. Of about K. Knouts time were also some other affording reason again with command, and equity mixed with true piety. Admonendi sunt qui negotiis ac mercationibus rerum invigilant, ut non plus terrena lucra quam vitam cupiant sempiternam. Merchants and Tradesmen are to be minded that they look not more after gain then godliness, their estates then their souls: and a little after, Sicut ab his qui labor agrorum, & caeteris laboribus victum atque vestimentum quaerunt, & necessaria usibus humanis acquirere inhiantes instant, decimae & eleemosynae dandae sunt; ita his quoque qui pro necessitatibus suis negotiis insistunt faciendum est. Unicuique enim homini Deus aedit artem qua pascitur, & unusquisque de art sua, de qua corporis necessaria subsidia habet, animae quoque quod magis necessarium est, subsidium administrare debet. As of Husbandmen and day-laborers Tithes and Alms are to be spared, so of those that deal in any Trade; for God gives to every man how to live, and what from his gift man so uses to provide for his body, much more ought he therewith to be at cost to provide for his soul. But the most observable of this interval was that given before from King Edwards Law, De hortis & negotiationibus, & omnibus rebus quas dederit Dominus, decima pars, &c. of merchandise, and All the Tenth to be returned to God that gave: which yet because it was there both given and repeated needs not here again to be transcribed and recited. Remembered be it that whereas before the Common Law was said to be made up of certain pre-existent materials, They as to this particular may have been such Laws as these: Whereas also those parts were after made up into one common body by King Edward, in giving this he may seem to have given the extract of Those (of this Nature before him:) Lastly, whereas those so distinguished Laws had after several Scenes whereon things within their several charges were acted, what was Ecclesiastical being separate for the Consistory, what Temporal left to the Shire Court, &c. Therefore we may not now reasonably hereafter look for anything more of these personal Tythes but where they were, that is, among the Synodals and Provincials, and there indeed we find, nay we have both found and already given them before remembered and recited: as, What said Rob. Winchelsee? Statuimus etiam quod decimae personales solvantur de artificibus & mercatoribus, sc. de lucro negotiationis. We appoint personal Tythes be paid by handicrafts-men and merchants. Similiter etiam de Carpentariis, Fabris, Caementariis, Textoribus, &c. and of Carpenters, Smiths, Masons, Weavers, and all workmen. What said he again? Decimam lactis, &c. venationum, artificiorum, & negotiationum: of hunting, handicrafts, and merchandise. What said Simon Mepham and Jo. Stratforth, but to confirm and enforce what before he had before stated? and as well might then those that were predial and acknowledged due have been denied as these, They stood both on one bottom. So Edward 6. found them, and did by no means raise and impose this personal burden, but bound it on to continue fast where it had been, and was; insomuch that instead of barren words, and empty lines, a special emphasis is to be acknowledged in that part of the clause laden with much Truth, where Every person exercising merchandises, &c. being such persons, and in such places as have within forty years past used to Pay Personal Tythes, or of Right Ought to pay (save day laborers) is commanded yearly before Easter to bring in their Dues. They were used to be paid: Then as Now, and Now as but Then, they must and ought. To make the Payment whereof more sure, or supply the defect, there was appointed a distinct mortuary, of those that were not very poor, for compensation of such personal Tythes subtracted. The force of all which things, and particularly the two Constitutions before mentioned was such, even before the statute, that as grave a Lawyer (as I believe) any lived in H. 8. time, though he wonders at some particularity here, that they may be demanded, and if denied, sued for, whereas in other places they are left it seems to the Debtors conscience, yet he avers their Duenesse, describes their Nature, speaks of them as of known Right, no more questionable then predial; And what should have been done about them if the intended Reformation, so often spoken of, had proceeded to maturity, might be guessed by that which was. For four several Chapters are taken up there about the disposition of them, the heads whereof were given before, and into the Contents of one of them this very Statute is taken and authorized; If there had been a new Canon Law, those Chapters should have been part of it; As there is none, the old is of force, and in all its power beside the Statute, and that again by Statute. Neither had the thing only consideration in Books; we find regard given to it in the Acts of Men, and the World busied, not to say very much troubled about the Wealth that came in by them. The great and vexed Controversy in Oxford, in Henry 6. time about Fr. Russell and his Doctrine which took up the learned Disputes of the University there, and smoother Consultations also of the Convocation at London, and after was transmitted to Rome, and there not ended, was only about the necessary and fit Receiver of personal Tythes; while he maintained, it seems, to his own advantage, and against the Secular Priests, that they might be given as well to the poor as the Church, as we say, to the Monk as to the Priest, (and then he stood ready as a Mendicant, as the Priest for his Parish:) They on the contrary to the Church only, and so He and His were excluded. The determinations it seems settled (the major part) against him, and he for his error was enjoined to recant publicly at Paul's Cross, less then the performance whereof would not serve the turn, and all the Pulpits in England commanded to ring of what an Heresy Fr. W. Russell had maintained (indeed against the Pulpits) about personal Tythes, now to be cried down by all opportunity, and the utmost of possibility. The Particulars I find related at large; the use I make of them is only this, that These things Have been of Real consideration, not an empty Book Order, but such as had influence upon things and produced visible effect, the Consultations of Men having been taken up about the disposal of the seen fruit of them, much busying, yea not a little troubling the World, for long since, and so long together, and so no doubt things stood to Edward 6. time, and so he found and left them. Whereupon, and that ancient rooted Right (spreading likely further, as might be found by further inquiry, if it were also needful,) he settled his new vote and order of confirmation as it were: What, to make personal tithes due! to give them life and raise them to being! Nothing less: to revive and quicken the Law, that dull men that were to pay, and had wont, might be roused up to a ready and obedient performance of that which was their ancient known duty, to awaken justice, and force backward men to bring in their public tribute, which though for God's service their worldliness had rather perhaps were left out or let alone: Due they were before; This vote of public power only cleared the channel that the in-come might be itself, and come in fresh and free, without impediment, for which His words and Act reach, we see, fully his meaning.

By occasion of which clause of such import, thus much: Thus much of Personal Tythes, And thus much also for that last binding Act of State both for personal and predial, in 2 & 3 Edw. 6. Behither which is little but the implying Petition of Right, (in the grant of All men's, without doubt meaning These,) That other was the last, clear, full, express, purposed and direct binding order. Not yet of no force; Even for itself; though the chief strength (beside the Legislative power of the Land, here drawn into Act) is in abroad and before; The Root that supports and cherishes most powerfully (both predial and personal still,) laying farther in the Right created by ancient Constitutions, deeper then possibly can be thought by any new declaration. For we shall seldom meet with a tree that planted the last year hath attained much strength; It must have time to root and settle, before it can be able to endure the shock of a tempest, or make good its being against any forceable opposition: So the best and usefullest Constitutions of State are those experienced firm ones, that have lived, summered and wintered with us, as we say, and given approbation of their agreeing with the soil by having safely endured there all influences; Settling and gathering strength, (as it uses to be, and Must) by degrees, and in and with time clasping in fast to be made one, & co-incorporate with the soil of a Re-public. Rash decrees use to be as soon revoked almost as made, bespeaking little but uncertainty at first both to themselves, and all things and persons that they are conversant about: Blessed are the days when the Aged decree Judgment, the ancient and experienced good Laws, I mean, are made the sure and constant rule of Righteousness. And even this Human Ordinance hath so much in it of Divine, that it partakes of toward his nature who is Constancy and Immutability.

CHAP. XXVII.

B Ut to go on to the mentioned Petition of Right, a great and bright star shining hithermost and very clear in the firmament of our Law; whose allowance vulgar apprehensions still gaze at for the great and only stabiliment of all, as indeed an excellent and needful stay it then was, when it was, of the subjects tottering property: But to look upon it as the only bank and bulwark against tyranical invasion, both the settler of Right and Giver; the knowing know there is more then twice ten times as much dispersed abroad (though in latebris to plain English Readers) as this, Nor could the supreme power without breach of trust, and transgression of duty have before, (and so it may still) invade the people's Right, or without injury have then (and so it may yet) do injustice and unrighteousness. A Bond this was upon the former Covenant, a new lock added to the former bolts and bars to keep out invasion from above from protectours, now explicitly, purposely, newly, and afresh confirming to all their old Rights, (no more,) And say which: The Merchants right, the Gentleman's Right, the Noblemans, the Free-holders, and why not also the poor Scholars too? the Church-man's too? whose work is Church-work, and his Trade and Calling public, holy, heavenly duty: that so having his Due, he may the better do his Duty, having his Right, people may the better look for Theirs; and having his property to live on (his Living) secured him in peace, and with assurance, he may now serve His Lord above Alone; and having naught of this vile, yet necessary world to interrupt and stop his course, he may now wait upon Him without distraction. The rather considering what a prosperous and lucky hand he had in helping to procure as well the Charter, as this Petition, much of reason would stand on his side, that he should gather some of those grapes himself had helped to plant the sciences of, he should partake of the harvest he had sown, and reap some fruit of his own successful impetration; at least to have his own Right secured in that he helped to obtain to All, The Petition of Right. The title whereof gives: Petition exh • bited to his Majesty by the Lord's Spiritual and Temporal and Commons in Parliament assembled, concerning divers Rights and Liberties of the Subjects, &c. and The Contents, Humbly show unto our Sovereign Lord, &c. (the persons before,) That whereas it was declared (34 Edw. 1.) that no Tallage, &c. yet of late divers Commissions have issued, &c. And whereas by the great Charter, &c. no Free-man may be taken or imprisoned, or be disseised of his Free-hold and Liberties, &c. but by the Law of the Land: yet, &c. And some other things touching life, &c. Now they pray that the like may not be done hereafter, &c. All as their Rights and Liberties according to the Laws and Statutes of the Realm; and that all Officers and Ministers serve in their places accordingly. Whereunto the Kings answer being, That Right be done according to the Laws and Customs of the Realm, and that the Statutes be put in due execution, that his Subjects may not have cause to complain of any Wrong or Oppressions contrary to their just Rights and Liberties; This not satisfying, upon reply this second personal answer was added, Soit droit fait come est desire, Let Right be done as is desired; And this after expounded to be mistaken, if it were drawn to any other then the Ancient Rights and Liberties, which he willed, and no more. Where still we find Rights sounding all along, and concession of Them, and in answer to such a Petition, the particulars are within the possible and easy view of every English man's eye, and they fitly All march under the Head of the Petition of Right. Now then I infer and argue: What is that was here granted? Was it not Right? Right to All? and one man's Right as well as another's? Did not the whole Commonalty petition? Were not All heard? Was not All granted, and to All? And if those that wait upon the Temple of the Lord in England in his holy Service, had thereby then, and yet have, they and their successors an Own and Right, was not this then meant to be granted? and was granted and settled upon them Therefore thereby, nor can be revoked, but by the revocation of this, or a part of this Concession of Right? Each man's wrong is of the same nature, guilt, injury, crime, and grievance, Nor can they ever be interpreted but partial and unjust sharers of such a claim to themselves, as, Any others having equal part with them therein, they can be contented earnestly to strive for their own, and will not be denied, but for those others, think they may be excluded, (or help to exclude them) at pleasure, and no matter whether they partake of any share in the common allowed stock of Right. As if it were Theft to steal, but not from some: Injury to defraud, but the Red or Gray Coat, not the Black: The Law must hold in some cases, what need it in other? to retain him in possession of his Right that hath nine parts, but not him that hath right to the Tenth; One man's Own may not be taken away, nor injuriously invaded, but his Neighbors may, (that holds by the same Charter,) and himself outed, or spoiled, or wronged at pleasure, and That shield is large & strong enough to protect against all assaults the former, for the later is infirm & narrow, though it were seen to be made of the same breadth, strength and firmness. What equity is this? Should not every ones case that is the same be alike, and every Childes part equal in the same stock of the Common-weal • h? Murmurers were in the Apostles time, and discontented fault-finders no doubt in ours; But let no private worldling be heard as speaking reason, that Right is wrong, or the expectation of this Right is now to him and others grown burdensome. There is none fit to judge, who is able to say, Any part of the Law is Burdensome. Exactions are burdensome, injuries are burdensome, oppressions, spoliations, depraedations, undoings of those that are innocent and quiet in the Land, All iniquity is generally burdensome: But the Law is a gentle yoke, justice lovely, Right a favor, the dictates of these never were nor ever can be truly Burdensome; Unless, as God's Word says, to the disobedient and lawless: 〈 in non-Latin alphabet 〉 , to the irreligious and sinners (that have no true fear, or worship of God, for this would teach to obey every Ordinance of Man for the Lord's sake;) 〈 in non-Latin alphabet 〉 , to unsanctified and profane men (that have never known true purication, whatever they pretend;) patricîdis, matricîdis, homicîdis, (fit company, 'tis pity they should be parted;) To Whorem • ngers, also to Plagiaries, deceitful liars, forsworn liars, and such other; To all these the Law is Burdensome, Blame them not, they are weary to bear it, 'It is a beam to their backs, and lays on fast and close, wrapping them under everlasting as well as heavy inconveniencies: But that the Law is burdensome to any Just man, can hardly be believed by any wise man. 'It is God's great blessing to a Nation, it makes rich, happy, safe, and quiet where it comes; An human Oracle for deciding human doubts in matter of own and equity amongst men, the voi • of Justice, the measure of Right, that gives to everyone 〈◊〉 , everyone something, most men enough, all whatever they enjoy; Allotting upon grave consideration what they should have, why they should have, how much they should have, why no more, and generally upon good reason, why things throughout Be as they Be, (if our wisdom drew deep enough to fathom the reason of her profoundly prudent consultations, resolutions and dispensations) and shall we yet say, That Law is burdensome? My neighbors will is burdensome, his covetous desire is burdensome, his unjust, wicked, worldly ambition may be, to sit Umpire on my estate, to inquire what I have, to determine I have too much, but I shall have less, the superfluity of my abounding right (which is but one part of ten to keep me alive to serve God in his Church already, whereas he has the other nine to serve none but Himself, or perhaps Venus, or Bacchus, or Mammon, ) must be pared off to piece up supplies for his riot and prodigality, to feed the greedy worm of his covetousness, or rather to help fill up the wide and insatiable gulf of his craving ravenous and cruel soul; This were indeed, what were if this were not heavily burdensome? But shall I serve the Lord Christ with such an inside? Shall I profess myself a Church-member, yea, a member of Christ, the Child of God, and an Inheritour of the Kingdom of Heaven, harbouring in my bosom a nest of such unreasonable, griping, cruel, carnal lusts? Shall I go on to read the Scripture, profess the Light, hang on Jesus Christ and all his Ordinances, with pretended love to his Law, and grudge or subtract any man's known worldly dues, refuse to give everyone his own, detract from the human ordinance, and dare say in any case Right is wrong, or Law burdensome? Shall my turbulent, greedy, envious, unruly passions prevail with me so far to make me think my neighbor has too much, though it be his Own, I must covet it, I will have it, Nay, God's Minister has too much, of his known Right, I cannot temper but I must covet my neighbor goods, That neighbors goods, God's Ministers Right, Rob the Church, yea, perhaps rob God, and starve, or occasion the starving of souls by withdrawing that which should warm the blood and quicken the bodies of those should and would feed souls in present, and discourage those that are to come in hereafter? furthering in the least degree or upon any pretence by my willful parcimony, that the thing we have so long feared, may at last fall upon us, That children may cry for bread and there be none to give it them, a worse famine may pinch us then that of bread and water, even a famine of the Word of Life, that hungry souls may run hither and thither for meat, and grudge being not satisfied; from Parish to Parish, from one empty Church I mean to another, for the Ordinances of Life, and none be found in Zion to comfort her children, a well-instructed Teacher in England be as rare as was a man in Israel, and because no more means is left to sustain his natural life, One Preacher must serve for twenty Congregations. Away Pluto and Mammon! Let Judas and Achan be forever separate from the Congregation of the Lord! Cursed be Ananias and Sapphira, and all their brood! Let their posterity never find fig-leaves to cover the shame of their sin in this world, nor any thing but God's mercies and Christ's merits to shelter their guilty souls from condemnation in the world to come. Let me have ever light enough to know mine Own, Justice to give every man his Due, Religion to direct, I Ought to do so, Prudence to measure it out by the only wise and safe Law, and either cast away my Bible, (God's Law,) out of my hands presently, or cease eternally to covet my Neighbors goods. One word also in the spirit of meekness, to him not hitherto thought of, that is, I take it easy enough to be led, but as it falls out miserably out of the way, that follows the light of his eyes, and they guide him to error, urging the Petition of Right for every ones and his own, and yet crying down tithes thereby, which being a Right can certainly have no discountenance, but must rather have a firm, consequential establishment by that Petition. Philip, Philip, understandest thou what thou readest? Do but say, I pray thee, what is it thou so importunately callest for? Is it not for Right? Civil Right? Every ones? Thy Neighbors as well as thine own? And Christ's Ministers, if he have Right, yea, Civil Right, hereby to his Tenth, as well as thou to thy Nine? If this; why pervertest thou the right words of the Law, destroying again presently what but now thou buildedst up, and by or with thy hoarse and importunate out-cries for this Petition, endeavourest to cry down tithes thereby, which being a Right (sure Mans right is not God's right) cannot but have thereby a clear and evident confirmation. Is not ones man's right of the same kind with another's? and as good as another's? Must not thy Pastors have been included in All? Or, couldest thou be content to have his little portion understood at least to be struck out of this book of temporal life to augment thy part, to a proportion of ninefold bigger then His already? What equity were this, or show of Conscience? Suffer I pray thee the word of exhortation, and be not offended if I tell thee the truth: If thou be a Christian indeed, thou wilt not entertain a gentle reproof with disdain, nor repay meekness with rage, storming at him that would by the grace of God, and according to the light given him, deliver out nothing to thee but the words of truth and soberness. Ask thy Lawyer, and he will tell thee: Advise with the Learned in his own profession: Consult with the Potter about the things of his own trade. There is never a Judge at Westminster, never a Serjeant in their Inns, never a learned Counselor or knowing man in this Land, but will assure that tithes are as due (besides the rules of equity, for work, and generals of Scripture, for competent maintenance ) by the Law, the rule of Civil righteousness among us, to their due receivers here, as any rent, or rent-charge, debt or bond, (not a benevolence, but a strict Right,) and that the settled and complete body of the Law doth with as much unanimity, evidence, constancy, and aged consent agree to settle and say so for them; and yet doest thou contend, and urge a public grant of right as an argument to destroy them? Those sages are wise; They will not deny their books; They cannot deny this; Thou must consent to it; Thou hast nothing to say against it; Where art thou now? On God's side, or on Baals? for Christ, or for Mammon? For Righteousness, or Unrighteousness? Wouldest thou but have every one have his Own? Doest thou not covet thy neighbors goods? Wilt thou own the power of as much Religion as in one verse of one Chapter of the whole Bible; Render therefore to every man his due, Rom. 13. 7? Keep to this, I desire no more: I know I have gained with thy honesty, thy sure vote for tithes, and forever hereafter; Hold to this Concession, and be constant, thou wilt never hold up an angry hand nor finger against them, or but for them, unless thou change thy mind to petition against the petition. Thou wilt not I suppose be wiser then the Law, mangle the Royal Grant, or deform that Petition of Parliament: If thou do, 1. Thou art unjust, because not impartial: 2. Inconstant, because even now thou chosest to submit Hereto, and madest use of it: 3. In plain terms little better then a fool! Bear with my plainness, thou wilt rather thank me for it, when thou shalt see I intend not Reviling, or Reproach, but necessary home caution and admonition. Resolve with thyself, There is none so highly such, and dangerously too, as he that thinks himself wiser then the Law: Which is, as a Lord Chief Justice said, Summa Ratio, the strength and Quintessence of Human reason applied to the common good; and what must He needs be then that goes on the contrary part? that undervalues it? that opposes it? that censures it? and instead of obeying the Oracle, quarrels with it? Laws are made to be reverenced, not disputed of, obeyed, not judged, submitted to, not censured by every forward man, scarce by every Congregation of men, scarce by knowing, wise men: and who is he then that of his own private head dares busily control and censure? abrogate and revoke, repeal and establish the whole or a part, (as much as seems good unto him, be it what it will) of a Wise Parliaments Petition, a dead Kings Concession, the Statute Law, the Canon Law, the Common Law, that whole body that hath ruled all actions and possessions here? Thinking, such a part may be changed, another spared; The great Charter was well thought on in some things; The Petition of Right was part as it should; K. Edwards old aged and reverenced Laws, that had so many requests made for them, so many bloody battails fought about them, and were wrested by the people into the Coronation Oath, may now be advised of: I see a way, not spied by any since Christianity came hither (and yet they had the voice of the Spirit, in the Word of the Gospel) of Civil Justice and Righteousness, I will make Laws, change Ordinances, reverse Rights, new-mould properties and dominions, &c. though all that is be troubled, &c. and the Petition for every man's right shall not hinder: What arrogance is this? What intolerable presumption? Does it become a private man! a single man! a simple man! Any man! Were not obedience better then this sacrifice? To be ruled by the Law, better then thus to quarrel about it? Say but this one thing, Every man shall have his own: and I have obtained my end, and wish all unsaid hath (to thy offense or otherwise,) not tended hereto. Say but Right shall be done as is desired, ( Soit droit fait come est desire, as the King:) I will not be wiser then the Law but follow it: I will not judge the Rule, but be ruled by it; 'tis the blessed Ordinance of God, whereto I ought conform, and must, and will, ingenuously, and fully, the whole and every part, and then we are met and friends. Especially the Petition of Right, let no one be defrauded of his part of that, No One, and then be the issue that God will give.

CHAP. XXVIII.

A Nd now it may be time to look forward, but first a glance or two backward, that we may not lose ourselves, to see the way we have already gone. I hope it is either made evident, or at least much hath been said for it, that Tythes are Civilly, Politically due; They are so, for they have been given; they are so, because that gift hath been confirmed: comfirmed by the common Law (in its Cradle:) confirmed with the confirmation of King Edwards Law, confirmed by the Church Law, of Authority sufficient, and now lastly by the glances of the State. But by-blows I confess these last, yet as they have been set on, I hope reaching home, till of late some were direct in Henry 8. and Edward 6. time, (yet of force;) and so is also the Petition of Right, it being taken they were before a Right. Descend we now from public to private, and see what the Sages have said, who are either Law, or after next to Law. The Romans had their Responsa Prudentum taken into the Digests which although they were at first but the issue of private thinkings, given by single men upon occasion in decision, yet with time they got credit, and being found useful, and meetly well agreeable with reason (the great Standard even of Rules,) They were at last taken into the Rule, and urged as the twelve Tables, or the Senatusconsulta, of original and ruling Authority for themselves: So and by the same degrees have some men's credits and savings been advanced with us, whose ipse dixit is next to Oracle, and their private voice so highly advanced as to be for Authority and Rule next to the Public of the Kingdom. We shall not be long nor curious in this search; for still the Public speaks louder to Credit then any Private; and why should we care much for Silver, when we had plenty of Gold before? or look after even the Judges, when their Masters stood ready, yea the Rule of the Judges Masters in public Agreements subservient to justify our Assertion and undertaking?

And Lord chief Justice, Cook is here first, (for we will now take leave to proceed ordine retrogrado according to license reserved) He is now become almost a good Author; but because his opinion and practice are both in fresh memory with many both as to Pleading, Council, and Judgment, the less would therefore be said of him, because known. In 2. of his Instit. alone he so comments on four ancient Statutes, sc. Circumspecte agatis, Articuli Cleri, the 18 Ed. 3. 7. touching the Scire facias from the Chancery, and that of 2 Edw. 6. 13. that none that knows the occasion can well forecast any doubt of the event; none that considers the Text can much doubt of his Comments, unless he will make so cross and absurd interpretation of his likely meaning, as that he chose his Theme to go against the Suppositum, or meant to darken and contradict what was taken in hand to expound and illustrate: such were Commenta indeed rather then Commentaries, strange inventions: but He raised his Doctrine according to his Text, and prosecuted it punctually, as he had raised it. Let them heed him well who allege him frequently, accounting him Authority in one part as well as another, or else the World will account them I know what, Partial, I mean; That All; and that's true enough, That they do but instead of representing his sense fully as they find it, pervert it, picking a Posy perhaps of the sourest flowers, and leaving out what is not to their advantage, or to their disadvantage, insinuate, that is not, which perhaps they would not have. Sure he thought, spake, wrote, and judged, that Tythes are civilly due, when he shunned not to declare they were everywhere due, Jure divino. To omit his own References to his Reports. Be Sir Thomas Smith next, a Doctor of both Laws and a principal Statesman; His Description of England's Republic passes with good credit, in the last Chapter whereof he describes the Court Christian, acknowledges its jurisdiction, sends matter of Tythes thither as a part of the Work, and if once he had them there, he knew, being not only 〈 in non-Latin alphabet 〉 , but 〈 in non-Latin alphabet 〉 , what even to Mint and Cumin, would become of them. The Author of the Dialogue between the Doctor and Student is said to have been Mr. St German. It was wrote in Henry 8. days, not toward the end, and for the solidity and depth of it may pass for one of the very excellent and singularly jndicious pieces of that most excellent Learning. Now He admits Tythes as consequentially due upon that account of Ecclesiastical Jurisdiction, and this reducibe to the second ground of Law received here, which is, the Law of God, and though the Student cannot afterwards well away with the Doctors Jure divino, yet by Ours, Positive, and here, he makes no question. For by the Law of Reason (one of the Grounds he had made of the Law of England before) he would have somewhat; for the Labourer is worthy of his hire, and then by the Law of the Church, (This I question not how reasonably, but thus 'twas settled, and the Constitution prevailed,) And he gives reason for all: For there is no cause (he says) why the People of the new Law ought to pay less to the Ministers of the new Law, then the People of the Old Testament gave to the Ministers of the old Testament: for the People of the new Law be bound to greater things then the People of the old Law were, as it appeareth, Matth. 5 20. And the sacrifice of the old Law is not so honorable as the sacrifice of the new Law is; for the sacrifice of the old Law was only the figure, and the sacrifice of the new Law is the thing that was figured; That was the shadow, this is the truth. And therefore the Church upon that reasonable consideration ordained that the tenth part should be paid for the sustenance of the Ministers in the new Law, as it was for the sustenance of the Ministers in the old Law. So howsoever it is a Due, and he is there discussing the equity of the Statute of Sylva caedua, which although he defend, yet no more, and in that enough, as before was said, speaking of it. For if there were Assertion, that a Prohibition should take place in that particular Case, there was implication in others it should not; a by-confirmation, here and there, and in neither can be doubt of what I desire. Ascend at next step up as high as Fleta and Bracton, for we are now among particular fallible men, the Credit of whose Vote is not to be compared with the Public, and therefore we hasten accordingly, yet so as we know what sway these bear in Judicature, and that they over-rule the very Rulers and Judges: Ego vero illos veneror, & tantis nominibus semper assurgo; as I believe, after Sir Edward Cook most of the chief Justices have been ready to say, and I do unfeignedly. Let Fleta be first, and He speaking of Contracts and Obligations by them, and an Action of Debt justly grounded upon both gives the Trial of Tythes in that Court, will surely give Them. Ex hujusmodi autem obligationibus, promissionibus, & stipulationibus oritur in curia Regis quaedam actio, quae dicitur Placitum ex debito, eo quod spectat ad Coronam Regis, saith he. But except, Nisi sint debita à testamento vel matrimonio suborta: quae quidem in foro Ecclesiastico habent terminari, sicuti & omnia quae mere sunt spiritualia; as Penance for sin, though pecuniary: So for Church Reparations, &c. 29. Item si Persona, (that is, that living Man, who as one seen and known, stands forth and acts for the Church, which is always in itself a dead Corporation, a Suppositum, or Non ens, without any real subsistence, and must therefore have a seen, known, living Executour, whose name may be used, and being clothed with Circumstances under being and existence; In that name and under that Personality may do sundry things which otherwise conveniently could not; As give or take, gain or lose, do or suffer; the Churches Man, we may style him; Rector is another thing implying duty, and grounded upon supposition of Power. Now if that Person or Churches Man petat à Parochianis suis debitas decimas & consuetas, (in the very words of the Statute of Circumspecte agatis) vel si Rector agat contra Rectorem de decimis majoribu • vel minoribus, dummodo non petatur quarta pars valoris alicujus Ecclesiae vel decimarum: (for then, (if also the Churches be of several Patronage, not otherwise,) the Indicavit takes place, and the Right of Tythes must be tried in that of the Advouson, between the Patrons whose Lay interesse is in question:) And of these all, Sect. 32. Haec autem praecipue in foro Ecclesiastico habent terminari, non obstante Regia prohibitione. It seems the nature of them was such, that if they were drawn aside they could not rest there, but must return to their proper channel, and with other things of the same nature have properly and together their discussion and determination in the Court of Religion: And remember this all along, That, as the Philosopher says, that which gives the Cause (sufficient) gives the Effect; That which gives the means to compass such an end may be interpreted to allow and give virtually that end will be so wrought in and brought about by those means; Even so mediately, that which gives the Jurisdiction gives the work, and effect thereof; That which gives the Trial gives that which will come of the Trial, be it what it will; (virtually, and in the sufficient and necessarily producing Cause) Which is also of use in that which follows from the same Fleta in his Citation of the Statute of Westm. 2. cap. 5. Where approving the Clause before of the Indicavit, and ruling power thereof, he yet makes the bottom, after discussion in the Kings, to be the Churches Court; and as that shall sentence such or such a Patron to have right or wrong in the Advouson of Tythes, so after the binding sentence, though regulated before, must be formally given in Curia Christiana for them. 9. In casu autem quo Rector Ecclesiae impeditur ad petendas decimas (saith he) in vicina Parochia per prohibitionem de Indicavit, habeat patronus rectoris sic impediti breve ad petendam advocationem decimarum, & cum disrationaverit, procedat postea placitum in Curia Christianitatis quatenus disrationatum fuerit in Curia Regis. The final sentence must be here, though the discussion be elsewhere, as upon a Verdict at the Assizes the Judgment Posteà is given at Westminster, though the Trial were in the Country. Afterwards, then which nothing is plainer, treating of Exceptions to Pleas, among the first is the Court Erit igitur à digniori incipiendum, sicut à Jurisdictione judicantis & persona Judicis, cum ipse sit pars principalis Judicii. And what is that? it follows, Cum autem diversi sint Judices, aestimare debet quilibet an sua sit Jurisdictio, ne falcem ponat in messem alienam. Iudex autem secularis de rebus spiritualibus cognoscere non debet. (The greatest reason in the world) Decimae autem in quantum decimae, & res testatae in possessione testatoris tempore obitus sui existentes, &c. in foro ecclesiastico debent intentari. In a near case indeed, not: as if the Tythes have been once sold, for then Per venditionem jam translata est spiritualitas in temporalitatem, & quo casu locum habebit Regia prohibitio ad inhibendum judicibus ecclesiasticis ne in cognitionem hujusmodi catallorum procedant, &c. If sold, they change nature, and by consequent Trial: and much there follows of such prohibition and permission, but of Tythes as Tythes nothing but as before. From Bracton (to come to him next) four of five places were given before for permission of Jurisdiction decimal hither, which have all their use here▪ to which may be added this one, (for those I repeat Not, but remit to them) which speaks thus. If a Clerk wrong another of Tythes, a Prohibition shall not lay ('tis in the Treatise of granting Prohibitions,) because there is no wrong to the Patron in his Lay fee, which is his Advouson; Sect. 6. Item locum non habebit prohibitio de recenti spoliatione, ut si clericus clericum spoliaverit de decimis vel aliis de quibus cognitio pertinet ad forum ecclesiasticum, quia de hujusmodi restitutione non generatur praejudicium patronis, quantum ad jus advocationis. And this granting the scene of Trial is still upon the matter a granting of all: the sending for Trial to where before it is known what will be there said, a virtual approbation and confirmation of what shall be there done; As he that refers to the Admiral Court does, upon the matter like and approve the Civil Law so far forth there ruling. And our state having many Rules de pactis, but few de legatis, or of Wills themselves, sending, in its Own want, to Another place, and willing the Rules of the Canonist or Civilian shall take place, does interpretatively speak further, That what is there done and decreed is just, and by itself approved; Even so the party grieved appealing to the Temporal Court, making his Case known there, Praying relief which is denied, His tenth fliece or sheaf are like to be taken away, and upon Complaint, nor Parliament, nor Common Law afford him any comfort, but their Ministers or Consultations and Resolutions send him back to where the taking away shall be allowed; What is this but mediately, remotely, and implicitly, but fully to approve of what is there done? For they are presumed willing to do justice, and known able, but not interposing, do consent and partake in the decision they order to, be it where and whatsoever. So that it is no vain suggestion so often repeated, and necessary to be always understood, that the making good the Jurisdiction is the securing all, for all comes along with it, as Muhammad's Alcoran will bring a long Tenths with it to Religion and for Conscience in way to his Paradise, (but no Wine upon earth) and as the entertaining the Jews Law includes Circumcision, Passover, Pentecost, the Sabbath too, and even Decimals. And so have been the proceedings with us, That Court, and those discussions have used to bring in Tythes effectually, and not but ever; Ask either the Lawyers or Owners, they who did judge or were judged, They both found the transposition of Wealth and Riches to be accordingly: Prohibitions if they were often granted, were seldom asked, and always denied, but if according to these Rlues: The Judge was Lex loquens, the speaking Oracle, and nor did, nor would oppose, or speak or do otherwise: & to their cost always men found it to be most true. In the Manuscript before mentioned, with Magna Charta, and the other old Statutes, are also the Writ of Indicavit, and many other such Prohibitions grounded upon the same Reasons that are alleged in the Register, and leading to the same end, sc. of with-drawing Lay-inquiries from the Court Christian, the subject matter whereof is mostly Tythes, which shows they permitted in other Cases the Trial to go, where it would, and certainly did carry them. In the usual Registers are inhibitions enough composed so, that none of them will vary anything; they are Briefs, and give the Brief of the thing in trial: In the Book of Entries The Declaration sets forth great Complaints for suing in the Court Christian for tithes of Oaks under the Title of Sylva caedua to the disturbance of the King, &c. but meddles no further, fol 226. & f. 489. Restraints there are enough for suing for Annuities because they were De catallis & debitis quae non sunt de testamento vel matrimonio, &c. in laesionem coronae & dignitatis nostrae: but Tythes are spared, not a word of them. So far Debts, alleging this reason, and under this danger, Machinans nos & coronam nostram exhaeredare, & cognitionem quae ad curiam nostram pertinet ad aliud examen in curia Christianitatis trahere: so for defamation, so for demanding Tythes of Lands discharged. But not else: so for recovery of Tythes set out, and become Lay Chattels, yet so as in All still, no pretence was to impede the Jurisdiction of known due Tythes; but if the Court were extravagant, and would meddle with what was Lay, then clog it with a prohibition that it might not exceed its bounds; otherwise let it go on and proceed freely and fully without any manner of disturbance. And this I say, hath been the known way of proceeding; view their Books, ask the Lawyers themselves, they will allow (though they may find some fault in my expression) the reality of things, and that what I aim at is right, though I may faulter in the way of expression: Nor is anything more certain then the Restraint of their Restraints, the Prohibiting of their Prohibitions, that they should not step forth to hinder the Court Spiritual in that was such, or belonged thereto, the certain Consequent whereof was a known Recovery, and translation of one fliece, sheaf, lamb, or thing whatsoever of ten, from one man to another. This was a little extravagant, but I providently forecast, and conditioned not to be tied too strictly to Rules of Method though of mine own making: Too much exactness may be as incommodious, as altogether loose: This belongs to what I was upon, the Jurisdiction of Tythes, and thereby right: and to the reflections of the Temporal State, as it stood separate, and favoring glances (of which sort only is all in this Cell we may properly look for) and these, though not alleging one quarter of that is, seem to make good what was undertaken abundantly.

CHAP. XXIX.

A ND this of the first branch of Donation, made out by many subsequent confirmations, before, under, by, and since the beginning of the Common Law, as well before the Conqueror, as since under these four heads of, 1. The Confirmation of K. Edwards Laws, (whereof these were a part:) 2. The Church Decrees, (authorising the King, licensing the State, looking on and approving all the other power that was:) 3. The Acts of Parliament, such as looked this way out of their direct way from the great Charter to the Petition of Right, inclusive: ) 4. The Learned Expositors, taken for Oracles of Law particular, as Cook, Fleta, Bracton, &c. Adding some hint of proceedings accordingly, and especially asserting throughout the Ecclesiastical Jurisdiction for them, which will alone induce and make good all the rest. All which together has been so much, and the Roots of this Right so far shown and evidenced to be spread hereby, that few men's estates I believe can hardly show, or color for the like, and yet the men possess and enjoy what they have in peace and firm security: for through all the good old Laws of the Land these roots are hereby manifest to have been dispersed, and as it were through every part and member of our English State and Corporation; Fees, Socages, and Serjeanties are but of yesterday, the Children of Power rather then Right at first, and take their utmost date on this side the battle of Sanguelac, besides age and to us unusefulness, affording other infirming considerations enough; Mannours and Fee-farms of not much greater reason and equity; and both Copy and Free-hold chiefly grounded on (as they are come to us, & understood to be possessed) the Word of the Law: But these were voluntary Concessions of the highest powers, in their solemnest meetings, long since, upon so reasonable consideration, as to establish the doctrine of the Bible, (and so they yet stand to bear it up like the pillars that supported Solomon's Ivory Throne,) Behither and beyond the Conquering day have held up strong and fast in despite of all storms that have been since our Nation believed the Bible, (whether to decay with it time will show,) and if the reasonable and continued, willing and authorising powers of the Nation, all of them, could by their pactions (the surest ground) create a Right, Here it must be Sure and Firm, such as the like is scarce to be found again in our Community. All could not have been deceived, nor force in everything 'tis very like mis-placed: Laws, Canons, Acts, Ordinances, Decrees, Statutes, could so many effectual, and in other cases sufficiently made Rules of Right be here made, and yet not made, and yet have born rule with obeyed power? If Civil Right be stood upon, could All so Many operative and continuing causes thereof have wrought from time to time kindly and vigorously without any effect, or but Must contribute and do what human Pactions and Concessions could, or anything below the footstool of God's Throne? The Divine Right I confess is of another sort, more awful, it separates clearly to an higher kind, and we look upon it as (more venerable,) founded in God, and partaking therewith of his constancy as well as holiness, must be always without shadow of change the Same, Nor can be touched upon rudely with profane hands without a Relative violation of that Majesty above from whence it proceeds: (And Therefore men should be very wary how they affix this seal of Heaven to every Imagination of their Own, stamping the Character of Divine Right upon disputable opinions, entitling God thereby to their persuasions, perhaps errors of fancies, and but what they strongly conceive must be Thus of equal authority with Divine Oracles: Highest presumption!) But speak of Human Right, what has its firmness whence▪ all lower titles and enclosures have, the agreeing Acts of Men, and Mutual Human Stipulation; Of this sort I believe we shall seldom find anything better grounded or faster settled then This, (And if seconding and conspiring rules of common equity can contribute anything to the backing and strengthening of what is so placed and settled, these not wanting neither) and by as good title as any men have anything with us, our tribe of Levi has here in England the same to the Inheritance of Israel. Equail in this too, that 'tis as good as the best, and if we had any better or higher, this would no doubt come out with the highest: But we have none; Our Tribes pretend not to a partition from Heaven; nor Dominion, or Property, Lordships, Mannours, or Honors to any thong to be cut out by but inferior, lower, inconstant rules of arbitrary good Will and Pleasure, guided by compact and Human Wisdom; And therefore Levi hath no reason to take it amiss if in this he be not preferred above his Brethren to a right of another sort (if it should prove so) and higher strain having a touch of sacred and extraordinary, sealed from Heaven; But rather bless his God if he have done full out so much for him, as for others, (and as he did anciently heretofore among his own people,) giving him an Equall Highest Claim and Right with the Best, and as near Divine as any of his Nation. Which is both done and cleared certainly, and should serve his turn sufficiently and abundantly.

CHAP. XXX.

N OW proceed next to other helping supports amongst men, firm enough in other cases to create Right, if these hitherto should fall short of reaching that aim, though of their nature they seem not so well and aptly proportioned to so good an end, and they are Possession, and Prescription. Against which many things have been said by many, chiefly this, That they seem but a kind of necessary Politick devices for advantageous peace and as it were Quiet injury; settling many a man in that he hath really and truly no just title to, and by consequent wedging Him out necessarily upon whom that right was devolved, or in whom it is inherent: Which yet notwithstanding, and all that can be said against them, they do pass, and are allowed, and a man is thought rightly to possess and enjoy what by so, and no other means is come unto him or seated and settled with him. For though it may seem most reasonably Mine, (and is,) which another makes over unto me, or which falls to me by inheritance from another, or is escheat, (that is, reversed) or purchased, or given, &c. wherein by the contrivances of the Law, and reasonable devices of honest wisdom, that title which was really and truly existent in another is conveyed over unto me and vested in me, and so I have, as 'twere by removal, His right; yet when I shall have and enjoy anything upon this naked presumption, That it is Mine, because I Have it; or, I ought, Because Long I have Had it; These as they are with cautions and limitations served in, do not only put an end to many differences, and to more advantage then what has more of strict right in it; But having Law on their side, do no doubt bring along a true Right with them, and I may, by reason of that Law, (the foundation of All right,) have, enjoy, possess, defend and keep against all men, what is but so settled upon me, upon these and no other pretensions.

The first of which, the second ground in all of the Civil Right of Tythes, is Possession: a good plea in other cases, and so not to be despised here, which Others hold forth as sufficient, and One may as well as another, affording this argument not easy to be answered or evaded; Tythes are belonging to our Tribe of Levi, Because they have them; They are Theirs, For they are theirs; They possess them, Therefore they have right unto them. For it prevails, (as said,) in Other cases, why may it not also Here? Other Men defend themselves with no other shield, being in, against invasion, or recovery; therefore may these: And if having his little loaf in his hand made up of few grains, God's Minister account it his Own by Possession merely, why may he not as well as his neighbor, who holds nine times as big upon this title often and by no other, and yet will not part with it?

But for understanding these things the better, and therewith some other, As of Donation before, it may be no less expedient to premise here sundry things also of Possession in general; The nature of it, the force it hath, the equity thereof, and sundry other such things, that so the general doctrine may a little strengthen that particular we are to insist on.

Possession then, saith Cujacius out of the Roman Gallus, is the use of a thing, if so be we take use for the only holding and detaining it, not for the enjoying and using which are different and somewhat farther. I understand by it that we call Having; as Things Corporal by taking them in our hands, Incorporeall by making use of them upon occasion; which when we so Have and Handle the one, or make Use of the other, we may be said to have, hold, detain, occupy, or possess them. Which such having and possessing (to note so much by the way, and in the very entrance) that it hath been here of and belonging to the Ministers of sacred things, as before, and to others in their right, is I suppose doubtful to none but he that is ready also to doubt, Whether there have been Harvests? Whether the Sun have shined? Whether the four Seasons of the Year have had their vicissitudes? or the Blessings of God been reaped by Men who have in gratitude returned to Himself some of the fruits of his own bounty? I except only those who are to be excepted, and they are who claim effectual exemptions; As those that succeed the Templars, Hospitallers, or Cistertians: that inherit a Custom for a Modus decimandi, or De non decimando, (if in Corners this hath with us perhaps prevailed anywhere,) and some such other: But for the general, 'tis known the use hath been of as wide extent to set aside One, as to carry home Nine, as diffused as to plow, sow, reap, and feed, And tanquam de jure Communi, as was wont to be put into the Libel for recovery, Commonly prevailing all over the Kingdom. The Lord of a Manor hath not more usually taken up his quitrent once a year, and thereby secured his Right Perpetual, nor the Landlord his Farmours rent, nor the Merchant his debt, then the Lord's Minister these Dues for his heavenly work, (and he hath not been wont to require them of Courtesie, but take them as Due, ) or somebody else in his right, and this wall over and everywhere without delay, dispute, or denial. Which Postulatum was need to be not proved, but called to remembrance: And this done, proceeding to possession itself, the Great force it has in the world, and by consequent may here, is not hardly discernible from the heeded truth of these following Positions or Observations:

• 1. That it gives Right.
• 2. Was the first Natural Right.
• 3. Is a very Right, able to endure examination.
• 4. Defending itself against all comers.
• 5. Even against the true owner, sometimes, ( scil. at last.)
• 6. Against whomsoever at any time that hath but equal Right.
• 7. Against all the world still till it be evicted.
• 8. And enables a man to keep what he could never have gotten.

This force it has, and it seems a great force; The simple assertion was first, It gives Right, And it does so: for in some cases a thing is Mine, from or for no other reason, but because I Have it. If another Had it, it were His, (as now 'tis Mine,) But because I have it, it is Mine, and not His; and it is injury and wrong to deprive Me of it. This Book, That Field, This Garment, or Sword, or Diamond, my Hand gives it me, I have right to it in Conscience, because I have it; and as any other thing is another man's by his plea whatsoever, so these Mine by bare Possession. Which chiefly prevails in vacuity of title: for then, Quod nullius est, id jure naturali occupanti concreditur, says Gaius, That is No ones and comes in my way, seems naturally to come home to Me; as Beasts, that are wild, Fish, Fowl, &c. which if I can take, no one will doubt my right to Own them. Nor skills it much where: for though I might have been hindered coming into another man's Field, what yet I take there is for myself, I might have been keep out, not from my fortune, The wrong was in the intrusion, not in what I have gotten. But then I must fully have it: For if I wound, another take, He that possesses must only have the benefit of Possession: and so I must keep, else I have lost what I had gor. So in the wars, the spoils of an Enemies Camp are Mine, so much thereof as I can lay hold of: Those Captives à Capiendo, or Mancipia eo quod ab hostibus manu capiuntur, because they are touched to Property; Servi also ( à servando, non à serviendo, from being kept, not made slaves of,) are all reduced within the compass or restraint of Property, to be disposed of as the New Owner pleases; But so long as they are kept again; for if they break out and return again to their former liberty, they are now again their Owne as before, and not His whose they were, who hath lost that whereby he had them. These things may have some special way of ordering with us; but then generally they prevail Thus abroad, and with Us too in some and most cases; Nor want we instances of Right of Land so gained merely by virtue and power of occupancy. For although all were originally in the Crown, if out, derived from it, and so upon extinguishment of the derivative title, as Escheat should have naturally reverted to whence it came, yet in some cases and by some circumstances it proves not so, but a title may be gainable and tenable by Entry as they call it, and a man Have and have Right to Land merely by Possessing it.

2. I said moreover, Possession is the first and natural title: Nothing is more Naturally Mine then what I do lay hold of. Justinian taught me so, and Thence yet, what we take is our Own, as he has from Labeo. Ecce effectus possessionis, the Gloss there bids us mark it, and it is remarkable: For even beasts, we see, will rarely exclude the Possessour: They have only the Law of Nature, they skill no compacts or force of agreement, yet they observe (whence but from natural impression?) for a kind of right by Having; whence though their ravin be greedily set, we shall find they cease to pursue what they see another has got.

3. Yet more: this title is firm and solid and will endure the touch of Examination. 'It is not a fraud or disseisin, which are wrongs, and have their known remedies, but a very Right which the Law looks upon and approves, and more then permits, justifies and protects the possessor. If the other are once searched and found, they are lost, but this how much the more it is examined and known; is so much the more approved and justified.

4. Against all but the true owner at first, though the bottom of the claim be no better then in some regard an unjust entry. The words of the Law are such: Hóe that hath possession of Land though by disseisin, hath right against all men but he that hath right. Chancellor Bacon addeth also, that whether he outed any one of his quiet possession, who is properly a Disseisor, Or stepped in after a Possessors death before his heir, who is an Abator; In each of these cases whether Disseisor or Abator possessing and dying possessed, His heir hath gained the right to the possession of the Land against him that hath right, till he recover it by fit action at the Common Law. And if it be not sued for within sixty years after the disseisin or abatement committed, the Right Owner hath lost his right by that negligence. If either of these, the Abator or Disseisor, be excluded by a third invader, Is not now this third person, a second Disseisor, his title good against those before, who were no better indeed then Usurpers? Answ. No: For to the two former the Possession gave, besides the present Having, such a Right that against All but the right owner it gives title to be as ground still left to recover upon again: and it shall not be excepted against such a man, He had no right, the thing was never His; For he Had, it Was, and He is to the second Disseisor an Owner and may out him, as having by his former possession, not so Good, an Equall, but a Better and Prevailing title: And this in favor of possession, which to all but the rightful Owner, gives true title, and may not be evaded or rejected. The question is put by Bracton under this Head, Who may grant a Writ of Assise? (the known remedy of a possession, not an usurpation,) and upon Answer, That None save he that is possessed in his own right, no Guardian, no Fermour, no Servant, &c. He replies, But whether then a Disseisor disseised? It should seem not, for he had no title in his own right; indeed None? Yes; though not against the owner, against all else, and so is truly dispossessed, and of his right, and may have his remedy as of a disseisin: and this propter commodum possessoris, (or as Fleta, propter commodum possessionis, ) and there is no exception against his wrongful title. Indeed such a one should not recover against the rightful possessor upon even terms, for he wanted ground to fight on, compared and contesting with him, and so things must remain as they are: But when neither has true right, the possession (comparatively among themselves) shall create a right with the first to keep as his own, or recover being out, Et Hoc propter commodum possidendi, only for Having. Fleta has the same, and the former again, Cum neuter Jus habet, metior est causa possidentis: and many other such things which I forbear to transcribe. All which and many such other do together so much favor & strengthen his right, who Hath, that if I am In anything (only In) and all the world against me but One Man, ( sc. He in whom is the True right) yet I shall defend myself against them All, not can be justly outed by any, but shall for Possessions sake and Because I am in, sit fast, (or if I am thrown out, Recover, ) and this by Law, which may be bottom, good, and justifiable enough for me to rest upon, because it settles all things.

5. Moreover, against that one man, the true owner too in time; for if the Abator or Disseisor (so as the Disseisor hath quiet possession five years next after the disseisin,) do continue their possession and die seised, and the Land descend to his heir, They have gained the right to the possession of the Land against him that hath right, till he recover it by fit action real at the Common Law. And if it be not sued for at the Common Law within sixty years after the disseisin, or abatement committed, the right owner hath lost his right by this negligence. ( For, Currit tempus contra desides & Juris sui contemptores, as is elsewhere: ) And if a bastard possess quietly, and die so, his Children shall hold against the lawful Children and their issue. This still in favor of possession: and Bracton agrees thereto, that long, peaceable, and continual possession locks the rightful Owner quite out: for there must be a time to end strife, and he has lost his time of regaining.

6. Yet farther: Where many titles are equal The Possessours is Therefore Best; and if the scales hang even, the Advantage of Being in shall sway the Right also to that side where is the Possession; Not only the Having but the Right: For it must be always a better title must evict that which is, as if I have footing anywhere, it must be a strength whose Greater power shall out me, and take possession of my room. Hence the Canonist: In pari delicto vel causa potior est conditio possidentis: In equality of state the possessors is the better. And the Civilian: In pari causa possessor potior haberidebet: much to the same. And when with us one contended for a Wardship, and one possessed, upon equal Right neither should have been outed, and then He was well enough was in, He kept what he had. For, Non sufficit quod petentes probent se jus habere, omnes, vel quidam eorum, ad hoc quod auferatur possessio à tenente, nisi sit qui probet se majus jus habere: Paritas enim juris non aufert seysinam a tenente, propter commodum possidendi, & privilegium possessionis. A stronger weight must be to fetch up the Scale when a Possession is settled any way: a parity or equality of Right leaves the thing only where it was. Again, if an Action be begun only upon pretence of Bastardy, and the Defendant put in his Recrimination; The other is what he Accuses; This Plaintiff must both prove his own legitimation, or else all is well again, and shall continue as it is, and which is more, is Therefore well Because it so is, unless there be a greater strength of Reason to alter and remove. For the Law still favors that which is in Being, which shall not be altered for equally good, or unless for clearly better; as an Army of ten thousand upon equal Advantages in Nature is able to stand upon the defensive against a far greater number, a like force is not like to remove it. Farther; What must be done if a man fell his Right to two men, or a pretender his coloured show of Right for Right, Who shall then obtain? The Rule is given:

The first Buyer had first Right, and shall carry it: agreeable enough to that of Ulpian in the Civil Law. Nay, sometimes this carries a victory where there is no fast ground to fight on, and maintains the field stoutly, having only this to say, I am there. • It is in the case where he that has no Title, sues against him that has but as much, and in possession, where can scarce be comparison, neither having anything, and yet the Possessour Thereby has enough to carry All. Quia cùm neutor Jus habeat, melior est conditio possidentis. And no marvel again then, if the Emperor observed so much Contention to be for Possession, as that would sometimes wind in all the rest, and carry the whole business. These are the favors of Possession when in a double claim the measure of Right is on both sides equal; which seems to be grounded upon that repeated, and so much varied Axiom both of the Canonist and Civilian, or rather upon that reason upon which they both are founded, In favor of Peace, to keep that in being, that is. For if quarrelling men should be hearkened to in every motion, and but upon equal terms be heard with no disadvantage to him that begins the Fray, little would soon be left quiet among men; our nature is so peevish or weak, and many or most herein so very natural, that Contentions would multiply beyond either doubt of reason or hope of end, if there were not some public devices and honest discouragements invented to choke and stifle them at the very beginning; whence prudently he that first stirs is only assured of disadvantage to begin upon; the uneven Ground must give him so much the worst at first, that if his Plea be no better then his Antagonists, it is in no sort good. If his Antagonists be but as good as his, it shall be better. For, In paritate Juris prior admittitur defensor quàm pars actrix: In equality of Right none shall be dispossessed of that he has. And Favorabiliores Rei potius quam Actores habentur. If there must any favor be shown, it shall be to the Accused: and if the Judges cannot agree or be equally divided, He that is impeached shall be quit, though he be guilty; for if the Scales hang even, of proof and probability, 'tis presumed for him that Has innocence: still and in all looking as it were with an evil eye upon those that move complaints, and in favorable supposition of that well that is; Hanging back with might and main from alteration upon equal strength ( In re communi potior est conditio prohibentis, both must agree to stir, or the thing stands) and One shall never draw forward so powerfully to alter and change, that which is, as another with equal strength shall hold back to stay things where they be, because Melior est conditio possidentis; if both be, or seem good, the Possessors title is thereby best. Peevish malice is apt to cherish melancholic Dreams of black Distempers everywhere, but the serenity of clear and firm wisdom is always mixed with that goodness that thinks most things well. That deforms all for amiss, that (looking on with an evil eye) it sees not well. This charitably inclines to believe well of all it finds not evidently ill: whence with aversation to change as little alteration is made as may be without apparent wrong. That must be not so good but better and truer which is promised, and he that is in possession of wealth or innocence, unless there be greater strength to assail and remove then is to defend, let him keep fast and sure without any molestation in his present possession. But go on;

7. I said further, The Plea of Possession is against all the World everlastingly good till it be legally and orderly everted. So said one in this very Case of Tythes not long since, honestly, judiciously, truly and very prudently: nor is it but fit it should be so: for if a man might be presumed wrong in, at any time he might be cast out: if one, then another: if by one, then by another: and so no one from any one could be safe at any time, or anything constant, settled ever; no remedy therefore but all be judged right that is, and till orderly proceeding do cast out of doors, a man be presumed justly in his own home where he is. 'It is one thing to have a Benefice void in Law, another thing but voidable, says the Canonist; the murderer is not to be hanged presently, though he deserve death, and must die, and though I am in condition and may be cast out of my house, till by order I am so I ought to be safe and fast there. Do not Equity and Reason, the Law of Nature, God and Man, All favor that in being till orderly decision of judgment be given against it? said he, whom some count next to an Oracle; and Praesumptionibus standum est, donec probetur in contrarium; Things are to be thought well, till the contrary appear; and where anything is under the God of order, 'tis a fair likelihood it should be there, and we are reasonably and piously to believe it so, till new light show it clear to the contrary. But one word more, and it is, That Possession shall in sundry Cases help a man to keep what by equal strength of title he should never have been able to get. If he were out he should never make way to get in, but being in he sits fast, and out no man shall ever be able to put him. For in many Cases there lies Exception (a ward to defend) where there lay no Action, (or effectual means to assail) A man may have power to keep another out, that could never (there) himself have got in; defend that Castle he could not take, and bolt his Adversary out by help within effectually, where himself could never get in, if he were out, nor can be put out, Therefore, because he is in. The Father of our Law speaks to this purpose: Item, & est alia ratio, quod qui rem petere voluerit, si caute sibi providerit, videat primo an aliqua ration nancisci possit possessionem: quoniam commodius est possidere, quàm petere. Multi enim sunt qui si possessionem habuerint, se defendere poterunt per exceptionem: Si autem fuerint extra, vix aut nunquam fere recuperabunt per actionem. And these are the benefits, privileges, and advantages of Possession, (no marvel if before observed the reasonable object of great ambition;) for it gives Right, the most natural, of proof, against all but one, and him at last. It sways the Scale in an equality, is safe and just, till it be evicted, and keeps a man whether he could never have been advanced. [Object.] Which if all it seem unreasonable on the Possessours part, as giving advantage to the rich partially and settling men by Law in that they have no right to, as like sometimes it does;

1. [Answ.] Sure, we say, first, the Law is never unreasonable, but the defect is on our part, who do not apprehend that Reason is: the Well is deep, and we want to draw of plenty.

2. And for the unreasonableness here, it is without cause imagined. For it may be considered, and must be granted, 1. That the Stage is open, what is or is done in the World cannot but be known. 2. Men love their own. 3. Are apt to make out for it. 4. Have means to come by it. 5. In the honestest, surest, and best ways that could yet be found of Law. 6. Whether in Possession or Action what is not found amiss, is reasonably to be judged well. Now these things presumed and known, and withal it being seen, such a one Has; how unlikely is it but that he should and ought to Have, else we should not see him Have? or if the right were in another, the Possession, which he cannot but love, must be with him? If there were no Courts, or presumed Partiall, or men negligent, or the whole frame of things composed toward injustice, to make or let things alone ill, or not well, Then might we doubt reasonably, and against the Possessour cherish vehement suspicion: but nothing being more evident then the above mentioned & to be granted assurances leading directly to the contrary, How can we but judge for what Is? and that the Law is reasonable favoring the Possessour as it does; ( Praesumptionibus standum est donec probetur in contrarium, as before:) and that he hath right, for if he had not, as things are, he should not have? I will not deny but some hard measure may be hereby meted out to sometimes, or perhaps wrong, But this in some degree may well be allowed the Sovereign Author of All our right: Better this then worse, (as worse would be if this were not,) and since of two this way is the best, reasonably is it chosen though it be not in all regards so good as it might be.

This of Possession in general, and our loved Law about it, (as in everything else, so here very amiable, and as he said of truth, Si oculis cerneretur humanis admirabiles excitaret amores. ) But now someone may ask, what is this to our argument? That was of Tythes: How are They advantaged hereby? I answer, with the Apostle, 〈 in non-Latin alphabet 〉 ; Much, Every way. Be it first resumed, that They are Possessed: It is not more known that men have Harvested, Or plowne, or sown, or their Garners been madeful and plenteous with all manner of store; but with equal certainty and evidence this advances it self in the face of the world, and he is scarce acquainted out of his own Parish, nor in his own Parish in England, to whom this is not known by evidence certain and notorious. This then laid in to the former, I infer: What hath been said of possession, what can be more said of it, hath it not All force here? Doth it give right, right alone, full and natural right, the most natural, the Law looking on, approving and consenting, and shall it have no operation here? Shall the Churches case be singular, & the Ministers of Jesus Christ have no benefit of common axioms, no fruit of those are to all other fruitful operations? Shall they have no favor by that All have favor, no benefit by that All have benefit, the Having their Own in their own hands? and shall that helps others many ways, advantage them no ways? Shall men look upon securing enriching Possession, shall wise men look upon it? Shall the quintessence of wisdom in most reverenced Laws, and those diffused all abroad have consideration of it? Nay, shall that little measure of knowledge imparted to tame Beasts, enable them to espy the good, and prompt them to observe the Law and order of it? And shall only in one case the poor Servant of God, that secludes himself from all the world to wait on his Lord in the Temple, nor for his own sake, nor for his Masters sake partake of the common benefit of the Sun-beams as it were, that shine cheap to all others to their comfort and benefit? To keep him in that he has, to preserve him from injury and spoil, to secure his dear Owne, to render him but so much regard from his fellow as one brute creature gives another, with will not lightly snatch the prey ravenously out of his fellows mouth, yet more unreasonable men will! Will they? (and plot to undo those that dare but mutire contra? ) take away, or keep away I say, from their Brother, Neighbor, fellow-Christian-subject, and God's Minister his rightful possession! without regret! without mercy! casting him out of the vineyard, and as good as slaying him! for to strip is next to starve, and that worse then to kill;) not dreading to act over again the mighty man's part against poor Naboth, who had but a little, yet he must not keep that; He that has nine for one already, must have his Tenth also to make elbowroom for his pleasure, or content, perhaps for his Riot and Sensuality. Can this look like good, Christian, or well-pleasing in the sight of God or man! Is any unrighteousness, and this not unrighteousness! Is any thing unequal, and this not unequal! Is anything with impious rude and uncivil, and is not this of the worst sort of impiety joined with incivility and barbarous cruelty! Every man claims his Property, Everyone owns his Own, and shall not Ones? Must he alone be excepted? Everyone has benefit by it, comfort from it, with expectation (well enough agreeing) of joy in the world to come; Shall one sort only be pent up to fast or feast himself with his spiritual apprehensions, comforting no higher then with the expectation of the world to come, denied his own bread here in a Land flowing with milk and honey, to all other the joy of all Lands? If there be no due, I say nothing: If there be, I could say no less: There is something of Justice due to Truth, and the seriousness of things sometimes calleth for sober vehemency. The Law is every ones birth-right: The Husbandmans, the Laborers, the Tradesmans, the Beggars: Soli ex omnibus Clerico commune jus clauditur! as spake S. Ambrose upon like occasion, shall they alone that wait on the King of Heaven, have no benefit by Imperial Constitution! The tenderly regarded Church was wont, and even by judgment of the Law, to be compared to a Pupil, (under age and subject to wrong) As much religious Charity or demonstration of true Christian piety to be helpful to her weakness, as to relieve a fatherless child, wherein S. James placeth the power of that Religion that is Pure: Are things so much changed? No, they remain the same: Or, are wise men's pious thoughts so much altered, their Pure Religion corrupted, themselves set upon Pelf and Mammon, yea, spoil and wrong not declined for conscience sake, that they dare invade another's, Religion instructs or permits them to take from Religion, strip this Orphan-Church, withdraw from her Ministers, force from their hands, and extort and wrench their very meat out of their mouths, I mean in their rightful dues, held back, grudged, or squeezed from them by fraud or force? Must not God's bright honor be darkened, if his Lights go out? Must they not go out, if the oil be taken from the Lamp? Can it be there put without the Levites help? and how can they attend to do it, if that which the Laws of God and man have settled upon them to live on, (in equality of strength for right with all other Tribes) be surreptitiously or violently taken or withheld from them (for He may starve me as well that gives me not my allowance of meat being appointed so to do, as he that takes it away from me,) and they have no benefit of Law, no not of that whereof all the world hath benefit, and by Law, I may keep mine Own that I have in Possession. Heed every syllable of which proposition, striking in with the interest in common of every One man in this Nation; and if it be a very small thing now that Possession may not be stood upon by some, but they turned out of theirs, or it be questioned whether it may be withholden, who knows how long it may be ere others—&c. But I forbear. I ominate no ill, I wish nothing but good, I pray they may enjoy their Own who grudge, or quarrel, or want but leave to withhold other men's; Only I fear that Circular Curse which hath used to come about, which also I invert into a hearty prayer: Let not, O Lord, the Extortioner consume all that They have , Nor the stranger spoil their Labor. Hoc avertat Deus. 〈 in non-Latin alphabet 〉 . Absit. Amen, Amen.

Object.

But here comes a great Objection to be answered, How the Churches Person or Man, in the sense before, can be said to be possessed of these things, since they are known to be in another's, the Husbandmans possession? He plows, and sows, and looks to, and Has: Much good do it you, saith he then, with your part, since I have nine and the Tenth, As was jestingly put upon the Sophister, who when he had with much subtlety of Syllogism proved two eggs three, was bid take the third for his supper. Ans. Nay, not so neither: Here is more reality, a possession (or quasi possession) of these things, beyond fancy or speculation: Not of the things indeed strictly, but of the Liberty and Right to take them up, and that is possessed continually, even when the things themselves are not: As a Lord is possessed of a Quit-rent seven years together, and yet he receives it but once a year, his right is inherent when the power is not used: Or, as a man possesses a way over such a ground, not by the Land itself, but by the leave, he may when he will, and will when he lists, and that list comes as often as there is occasion, Thus to make use of the Land for his Service. For understanding which things the better, we must have recourse to a known distinction, even in Law, or a separation or sorting out possessions into two kinds, of Rights, and Things; Corporeal, and Incorporeall. The one (Corporeal) are possessed but by grasping, or clasping the Things, as in our hands, &c. The other Incorporeall (the Rights) are enjoyed, even in the use, or having used, and so continually enjoyed, even when the use itself (the fruit) is not. As the Patron of an Advowson in gross, 1. Has never the Glebe, nor Church, nor Tythes, nor anything seen: 2. Nor has (it may be) presented these 20 years past, or for these 20 years to come may not, yet still all this while he hath ever a Right to present, (if ever he presented, or had right, which right is lieger dormant with him continually, till he draw his power into act, as he does when is occasion, reaping some fruit of that right which was though seldom used, inherent continually: Even so the occasional Receiver of Tythes, it may be once a year, or whensoever, has still Jus ad rem, that is, to the taking them up when they shall be, which is the fruit, Though not Jus in re, the continual actual perception of them: In short he is possessed fully and clearly of a right to them all the year, but he reaps the fruit of this power only in the fruits of Harvest. Much is said of these things both among our Lawyers and the Civilians; But this may clear the thing, how the proprietary hath continual possession of his right in the interception of use of his power, and yet always leave and power to use it when there is occasion. [Object.] And this also may prevent another doubt will arise anon about Prescription, which is always founded in possession and more, even a continuance, and how can this be in the interruption of taking up these dues but seldom and as is occasion? [Answ.] Yes: This may be well enough: for without Interruption, Ever, there is a perpetual right of taking them up when they shall arise: a continuance of claim though the things arise not to be claimed.

But it may be replied to both, [Reply.] These things are corporal, visible, quae tangi possunt, within reach of All the senses; And how throng we them up then into that notional airy speculation of a right in the clouds; Such Things should be Possessed actually, or they are not within the Claim of Possession. For a Triplication to which reply, Yes; so they may indeed; The Things may be seen, but their Right is invisible: as a Church may be seen, the Glebe is tangible, but the Right of Advocation thereto is, what? Ask, whoever had it in his hand, or can tell who saw it, or where it is. The Emperor has fully satisfied this point; Let patience bear with a little more length then ordinary in transcription, because it tends to illighten all before: Quaedam praetereares corporales sunt, (saith he) quaedam incorporales. 1. Corporales hae sunt quae sui natura tangi possunt: veluti fundus, homo, vestis, aurum, &c. 2. Incorporales autem sunt, quae tangi non possunt: qualia sunt ea quae in jure consistunt: sicut haereditas, ususfructus, usus, & obligationes quoquo modo contractae. Nec ad rem pertinet quod in haereditate res corporales continentur. Nam & fructus qui ex fundo percipiuntur corporales sunt, & id quod ex aliqua obligatione nobis debetur, plerunque corporale est; veluti fundus, homo, pecunia. Nam ipsum jus haereditatis, & ipsum jus utendi fruendi, & ipsum jus obligationis incorporale est. 3. Eodem numero sunt jura praediorum urbanorum, & rusticorum quae etiam servitutes vocantur. And the same is also the nature of this Right; Though the Things themselves admit possession as visible, tangible, yet the Title to them is in nubibus, a conceit, or supposition of the Law, without any sensible existence; And we may not argue from a Thing to a Title, from Land to an Inheritance; for they come under several conceits of the mind, and must be clothed with several expressions, and though they are about the same thing, yet they are not The Same thing, nor admit the same words and considerations. So that it remains then, Tythes may be truly possessed, even when they are not, that is, A right to them against they are or shall be; That quasi possessio is enough to go along with the measure of time in even paces to be a ground of Prescription by that continuance; and though the things themselves may be seen and possessed Corporally, yet the Right cannot, nor is expected should. Be sure of this; That if the Lord of a Manor, or that higher of an Honor, a Patron of his Advocation, or Copy or Free-holder have right or possession of anything they have, the Corporation of Public Sacred Ministers has as certainly possession present and continual of Tythes in the several Trustees or Persons, of or for that Corporation, which stand forth to Act for it, being a thing otherwise only in Nubibus and consideration of the Law; That Right is vested in Them while they live; When they die the Law has provided them of a Chain of never failing successors to supply their mortality; Thus it has been, Thus it is, Thus it may be if Justice may be suffered to have its course, and innocent forms of Justice not disturbed by parcimony and improvident troublesome folly; and Thus is Religion, and with us the Rule thereof, the Bible provided for and possessed of (in its public Ministers) sufficient, outward, visible support to the end of the world. O Christian, if thou be, Think of this one word; What it is to Wrong the Righteous, to dispossess innocent poor Naboth of the inheritance of his Ancestors, to thrust any Poor man out of his Own, or get or Wish any helpless just man out of his Due and lawful Possession! If thou be such, think of this, O Christian!

CHAP. XXXI.

I T follows, and is fitly joined to the former, In whose name this Possession is, which may bring it about that in a strict sense indeed no Man was or is or can be thought to be immediately in possession of these Rights but God himself, and that in the words and thoughts of the Law: (for, I give not mine own, but only as the Priest heretofore delivered forth the mind of his Oracle:) For, Is Possidet cujus nomine nomine Possidetur, says the same Oracle again, It is not so much He that is In, as He in whose right he is in, is strictly the Possessour: As in a Tutor compared with his Pupil, or a Servant with his Master, &c. And this then fitly advances us onward to the additional strength this Pillar of the Support of This Civil Right has by Another's interesting, That he that takes them up is never estated in them in his Own Right, but the true and farther uttermost Possession of them is vested and seated elsewhere, terminated Higher, above in Heaven. Men are Takers up of God's Dues, They do receive what (withdrawing his visible presence) is His Right, (who should sure be least despoiled or defrauded,) and Persons they are in the sense before, as to stand forth and act for a Supposed Corporation, So Having another Personality to hold forth, in being His receivers, (who though he be everywhere is yet to us Invisible, ) To take up to His honor what is Devoted to His service, who is the Sovereign Lord believed of All things, JEHOVAH God Almighty.

This is much believed in the world, and has very much affirmance even in our Civil laws, nor can it (if the thing be thus) but much strengthen and settle this pillar of property, whereupon as great security as Any must Needs rest for Enjoyment and Continuance, that Men shall not be put out for God's sake, nor from His right They be disturbed, Who receive not from or for themselves, but as His Deputy-Possessors and Receivers; Vicars all by a substitution from the Highest, in whose Right taking up what they do, they are the more bound to dispense in His service to His honor; And who is he will be so bold to turn the Lord's Steward out of doors, if not for his own, for his Masters sake, or dispossess God and Religion, subtract or withhold anything from the Eternal Majesty? Heaven, 'tis said and believed, interesses itself in this case, the Powers above have laid their Sacred hands upon these bequests and receipts; What is so settled by clear Human Law below, has a bond of Religion to tie it on faster upon Whosoever are the Usufructuaries; The spoil whereof must needs be Then not that of Wrong but Worse, not of Robbery but Sacrilege, a Divine Theft, the Robbery of Heaven, like the Giants offense, and of that Kind the Eagle heretofore committed for love of her young, Not sparing to take the smoking flesh from the Altar, wherewith the God's should have been propitiated, B • t there hung thereto a fatal Coal that set all on fire, and burnt both her nest, her self, and young ones. A fearful consideration! (if i should be so, for still I argue upon supposition, delivering forth the tendries of another, my Oracle must bear me out) enough to awaken the deadest, and startle the wisest, to amaze the boldest, and affright all sober, and any ways considerate, and advised men, from laying violent and profane hands upon that God had touched before, or tugging it out by strength in this Case, least they be not only like that deplorable sort, Against whom God hath a Controversy, Hosea 4. 4. This People is, (Let them alone,) as they that strive with the Priest; but worse, Shall the Clay exalt itself against the Petter? Woe be to him, Isaiah 45. 9. that striveth with his Maker. Into whose divine hands the Donations made and following Ratihibitions favor, in expression, intent of delivery; That what to Religion, was rather Devoted, then Given; even to God's Great Majesty, the Donee, Receiver, and intended Detainer, and Disposer, That so men might not but give forth to his Will what they receive by his Deputation, being like to be thereby the better Stewards of those Manifold Gifts of God which they receive upon his account, in his Name, and from his Right, and upon a second consideration should be the more precise in dispensing only to his honor, what for a second reason the hand of his providence dispenseth unto them to have so dispensed: and yet farther the reason of whose proceedings and Justice may seem in equity to expect that they should not spend merely upon themselves, but use Non quasi suis sed quasi commendatis, what they receive of his bounty, as His, to be so, and no otherwise but so used.

But to come to the strength of some Particulars; (not dealing only with the supple and pliable affections to mould and frame them, but stablishing the judgment in the thing averred or supposed;) That things devoted to Religion are not solely and ultimately Mans, but in a further hand; I will not urge the sayings of Poets, and Orators, Councils, Schoolmen, and Fathers, though these offer themselves; but the glances of Scripture may be not inconsiderable, at least to prove the possibility and elsewhere existence of the thing; to which purpose I awake to remembrance: first, the vow of Jacob, Quicquid dederis mihi, ejus Decimam omnino sum daturus Tibi. Whatsoever thou shalt give out to Me, the Tenth I will give back to Thee: which promise he makes to his God. And of Lands, Vows, Oblations, &c. 'It is said, Every devoted thing is Holy to the Lord: particularly these Tythes, whither of the seed of the land, or fruit of the Trees, (as we would say, Corn, and Fruit) And accordingly paid in practice, not without intimation of this Consecration and appropriation; They of Judah and Israel brought in, Decimas armenti & gregis, Decimas sacras, id est, sacratas Jehovae Deo ipsorum, as Tremellius; Their Tythes of the flock and of the herd, sacred and devoted to Jehovah their God. Who complained He was defrauded, even he himself, in These? Will a man rob his God? (possibly the thing may be done, or else here in vain questioned:) Yet you have robbed Me: Wherein? In these. Ye are cursed with a curse, &c. And for the Attournment or making them over to Man to be received by him, for his good Lord and Masters behoof, Behold, I have given the Children of Levi all the Tenth in Israel, (They were mine, but I have Given them to Them) 〈 in non-Latin alphabet 〉 , for their public work of Ministration, For the service they serve in the Tabernacle of the Congregation. All this is in God's Book to prove the possibility of the thing (and abundance more not found or sought:) But now for what apprehensions Our Laws had of this thing here, which is to the point indeed, The beginning of the great Charter was remembered before; Concessimus Deo, & hac praesenti Charta confirmavimus, We have given to God for us and our heirs, that the Church shall have All her Rights and Immunities, And a part of the Church Rights were then in Tythes, and Jurisdiction to Command them: (Whereas the Liberties of the Freemen of the Realm were given to Themselves as 'twere into their own hands immediately.) Were those blind days? Was King Edward blind also? (1) De omni annona decima garba Deo debita est, & ideo reddenda, said he, The Tenth due to God and so to be paid: so preached Augustine, and was granted by the King, his Baronage, and People. Not Augustine of Hippo, but one was more near us, and more to be heeded by us, though that Father spake fully enough and to this point, to his Africans; but I keep my promise and home: Wise, prudent, valiant, successful, and exceeding pious, King Alfred required, Thine Tything portion give thou to God: and in his League with the Danes calls them, Dei Rectitudines: and his father before him wrote his Catholic Donation at the Altar, offered it there, as to whom? and not having to do with an Eorl or Earderman, or any upon earth Man-receiver. The Council at Enham called them, Jura Deo debita; King Knout in his Laws, Quot annis quisque Deo debita Jura justasque redditiones rite persolvito, Let everyone pay yearly to God his due Rights: and King Æthelred before, Nemo auferat Deo quod ad Deum pertinet, & praedecessores nostri concesserunt, Let no man take from God what belongs to God, and which our Ancestors gave. What was in King Edwards Law we had but now: which how much the Common Law remember also, and the following confirmations of that Law (as many as were) involving this also: and to omit what might be gathered from our Provincials in Lindwood, and the Decrees at large, step at once to Henry 8. where the Parliament complains to the King for remedy, that, Numbers of ill-disposed persons having no respect of their Duty to Almighty God, but against Right and good Conscience, did with-hold their Tythes, Due to God and holy Church, &c. They were then reputed and in Parliament Language so to belong: and lastly in the commonly reputed common Law, Bract. and Fleta are not wanting. No one can but account, these things, and even in their account a part of the sacred Revenue, and then says Fleta: Extra patrimoniū sunt Res sacrae, &c. beyond man's Right or reach: neither are they to be transposed for that reason: for no man has them, they are a part of God's Inventory, says Bracton. They and the Glebe are questionless as to this all of a nature: their property, use, possession, intention, devotion, application, and jurisdiction the same: and for what Land is given, Videtur & verum est, quod primo & principaliter fit Donatio Ecclesiae, & secundario Rectoribus & personis, says the same Bracton. Which if it be excepted against as thrown in with the exploded Abby possessions, elsew here is shown some difference. It is in Case of Remedy for recovery of Cathedral, Conuentual, and Parochial Church-lands, by a Writ of Juris utrum, whether an Assize shall lay of the latter as of the two former? and it is said, it shall not; For though those Lands were given to them In liberam eleemosynam, yet they were given to Persons, as well as Churches, who in that regard having leave of remedy, As Other men had, there needed be no stepping aside out of the way upon no occasion; and the form of the gift may be known by the Charter; but now for him that has Right by his Parish Church, it was not so, that anything was settled upon his person, but only upon his Corporation, Et quae persona nihil clamare poterit nisi nomine Ecclesiae, suae, quia in Ecclesiis Parochialibus no fit donatio personae sed Ecclesiae, secundùm quod perpendi poterit per modum donationis. This is evident, for what Land is given to a Parish Church; the reason is the same of Tythes, as devoted to beyond this World, and sacred, in the same sense that any thing visible is, as separate and laid in in several from the touch of profane hands, and common vulgar uses, designed and set aside for God and godliness, ( 〈 in non-Latin alphabet 〉 , as is Aristotle's very fit and apt expression,) only for Heaven. Not for nature or sin, necessity or sensuality, in the serving of which ends most other things spend themselves, but merely to set forth God's honor in this World, as the Ox or the Lamb brought to the Tabernacle or Temple, or as he reserved many things to himself in the Levitical Law, but the Levites were his Receivers. He was no more visible Then then Now, nor the things invisible and of a different nature, yet to his honor, yea to himself were appointed then, (and he did appoint them) sundry things to be set aside, which his Levites had and he in them. So here. As in implication of some like thing whereto believed and received here, it was spread abroad, and yet remains at the sea coasts, that those followers of Peter and the other Apostles who maintain their temporal life by the painful labor of Fishing, bring the Tenth of their personal gains and lay it down at the public Minister of sacred things his feet by the name (which they yet retain) of Christ's share. Why this, but because they intend Him a part of every Draught? As if never a day or night they lay forth with any success but somewhat must be laid aside for Heaven, and of their penury some mites be continually paid in to his Treasury. How? To give them into his Own hands? This is impossible: He is in Heaven beyond the thick clouds, where we nor can offer, nor he receive anything: But he has Servants, and Service, and Ministry, and Ministers, upon earth, to whom he hath said, He that receiveth you receiveth me, into what place soever ye enter Take what ye find, for the Labourer is worthy of his hire; For them therefore and their sakes, in His Right these things are issued forth and brought in, and accordingly they receive name. If the world were asleep at first when the title was given and prevailed, It hath been awaked at some time since; 'It is hard to impose on the vulgar, or plant any name or title among them that shall with success spread and grow, unless it fit in with their preconceived notions and apprehensions: It seems this did, whence they entertained it generally and retain it firmly, and by this name they yet express their own minds of what they give, calling it Christ's share. Upon which account of somewhat beyond merely Human, and that had a touch of Divine or toward Heavenly, These rights became triable, and the doubts of them only disputable and determinable in that Court, by rule and practice, where few of earthly or mere worldly things were once thought of, and whose natural and first proper essential bound of Jurisdiction was, Spiritualia & Spiritualibus annexa. There were inquired into things above this world, and which could not be regulated by common rules of Civil Justice, as Articles of Religion, Exercise of Discipline, Ecclesiastical Censures, and generally things being or reputed Sacred: And Thither Also, as being of kind and kin, did These things throng in, or rather were both admitted and invited, as Saying by Doing what was, and that they were not reputed merely of human consideration, because they were let in and there had regard and only proper tractation or trial where things Divine and most nearly belonging to God had or should have had their due inquiries. If the aim had been only to get in dues, (these Dues,) to determine of Civil property, or to keep one man alive in a Parish, All Civil Courts of Justice were open where All such things had their proper inquiries and resolutions, and the Tenth part needed not to have been separate from the Nine: But it seems somewhat farther was aimed at, and meant or implied which was the cause why these things were parted, and the face of things seems to represent that there was an apprehension and supposition that it was, because they were thought to draw near the things of God, and were, as far as any, toward Beyond this world, and Therefore they were sorted with a scene accordingly, and had their trail and discussion where the things of Religion and Christianity were inquirable only, sc. in the Court-Christian.

Farther, by only which kind of Supposition the crime can be aggravated of taking them away to that heighth it commonly is, and men for purloining be accounted in the number of more then unjust, Impious and Sacrilegious. For it seems at least unto me that it is not so much the violation of any Command or Law human or Divine, from earth or above heaven if it were possible, can denominate and specify this sin, (if that Law were as plain as another Divine Command, Thou shalt not commit Adultery, Thou shalt not Steal; ) But something else and growing in the Nature of the sin below that must advance the crime so high as to change kind and become of Wrong and Injustice, Impiety and Sacrilege: To rob Heaven must offer violation to Heaven, and that be more then to offend in transgressing a Law of Heaven. For the Moral Commandments above come thence and are in force for us, and yet No one says Adultery or Theft are Sacriledges: Sins they are, but that their full latitude, the Divine Precept does not new specify the nature of the offense, These or Any. So heretofore, when Jus divinum undoubted had bounded every ones own, The tribes at least if not the families were parted by sure and immediate Commission from Heaven, yet the unjust invasion of any part even then was not counted, I believe, more then Unjust, Wrong or Injury when any part of the second Table was broken, (whereunto yet the seal of Divine Authority had been affixed in every part,) No more. Even so here, to raise this aggravation, and cause this change by new specification of the nature of this sin from Theft to Sacrilege, seems not to me so properly to grow from any authority of any sort of power and command above, as here below from something in the very heart and nature of the offense, which makes it 〈 in non-Latin alphabet 〉 , a Sacred Spoliation, not from the Law, but from the Thing: when either Sacrum de Sacro, or Sacrum de non Sacro, or non Sacrū de Sacro is taken, still hovering Here below, and as the Lawyer speaks, through whose spectacles we are like to see clearest in this case. And accordingly the Civilian defined it, Sacrilegium est furtum Rei aut pecuniae Sacrae ex loco, vel religiosae ex religioso: and they are Sacrilegious, who? Qui publica Sacra compilavêrunt, that have meddled with somewhat Sacred: still relating to the Thing from the Command; And the word also imports that way; for Sublegere is Furari, says Servius, unde & Sacrilegus dicitur qui Sacra legit, id est, furatur, so Another. Still dwelling below and conversant about That Is, Not Who says: as we do not read that Ananias and Sapphira had any order at all to bring, or sinned against any Prohibition in revoking, and yet (with Achan ) they usually march, (transgressing in what had come under divine precept no way,) in the head of the Sacrilegious. We have no strict Command for a Chalice or diverse other Utensils of the Church, nor the Church itself, yet few I believe will allow but transgressions aggravated by being conversant about these Things are worse then others, and of extraordinary Guilt in this world, and they are Things. I promised not to meddle with any Theological Discourse, Nor do I here, but as it has dependence of and derivation from, yea, necessary complication with what was Civil. Our such Laws say, That Tythes are Given to God, which I say does well infer, their surreption sacrilege, as on the contrary, they that say, 'tis sacrilege to take them, give argument, they think they belong to God, Forasmuch as not so much God's Command or Divine Right for dueness makes this sin, as something in, below, with the Act itself, and indeed Correlatively they infer or remove one another: for if a thing be bequeathed to God's hand, (as the Law says plainly here,) it cannot but be sacrilege, Sacra legere, to take them ( Holy ) from him; as on the contrary if it be sacrilege to take them, They that say so must first imply and suppose they were made over and given to God.

I have in the prosequution of this point omitted what Epithites or Paraphrasing Descriptions I find of them given abroad, where they are styled Res Dominicae, Dominica substantia, Patrimonium Christi, Dos sponsae Christi, Dei census, and the like, all which must needs advance them high, and join them near in with better then mere worldly things: In usum pietatis concessae, as is properly said in the Canon, Or, Decimas Deo dari omnino non negligatur, quas Deus sibi dari constituit, quia timendum est, ut quisquis Deo debitum suum abstrahit, ne forte Deus per peccatum suum auferat ei necessaria sua, as in the Council of Mainz: But these are without the Circle of our Own, to which I promised to confine myself. Much less may I take scope to look abroad into the profane world, for their Oblations, even of Tythes, and to God, to whom they vowed and thought they paid. As Agis in Xenophon, and Agesilaus in the same, who both brought their Tythe to Delphi to their god, and offered it him; which Baronius having remembered, and many more, concludes with, At vero non immorabor diutiùs in singulis exemplis recensendis: Constat quidem apud omnes fere gentes, velut quodam jure naturae exigente, decimas Numini devotas ac redditas: upon his credit, paid all over the world, and as due to God, not to maintain a man or any sort of men, but in signum universalis dominii, in thankful gratitude to the Original Donour of All, of whom they did conceive to have and hold their good Lease, and in acknowledgement of the tenure they brought him back again something. Fain ( as M. Hooker gravely resolves and concludes, and with him I conclude this point also, ) would we teach ourselves to believe, that for worldly goods it sufficeth honestly and frugally to use them to our own benefit, without detriment and hurt of others; or if we go a degree farther, and perhaps convert some small contemptible portion thereof to charitable use, the whole duty which herein we owe unto God is fully satisfied. But forasmuch as we cannot rightly honor God, unless both our souls and bodies be employed sometimes merely in his service; Again, since we know that Religion requireth at our hands the taking away of so great a part of the time of our lives quite and clean from our own business, and the bestowing of the same in his; Suppose we that nothing of our wealth and substance is immediately due to God, but All our own to bestow and spend as ourselves think meet? Are not our riches as well his, as the days of our lives are his? Wherefore, unless with part we acknowledge his supreme dominion, by whose benevolence we have the whole, how give we Honor to whom Honor belongeth, or how hath God the things that are God's?

Thus far that grave and judicious man; a piece from whose page does more then a little adorn Ours: And so now we have seen how Tythes have been intended to be settled on Heaven: How our Laws say, They were so: How they have been tried accordingly, and this alone renders their spoliation, sacrilege; Besides what else abroad to this purpose: Sure then the world has looked upon them as Such: Sure they have been reputed at least as God's.

It remains for application, How fast and safe they should then be from injury and spoil, How inviolably not to be subtracted or touched, as things laid up in Heaven, as what may not be purloined from the footstool of God's Throne, (if there they have been deposited;) And Who is he dares put his hand toward that God has touched before, or lay a finger upon that he has laid his hand, and would, (to see himself deprived and wronged, or that the wrong should but redound to him, or touch toward him,) show himself no doubt an Angry Jealous God! Sure, This must not a little confirm human Right when a bond of Religion (or as Religious) shall add what strength it can to that which human wisdom by the best contrivance of all its devices had made and settled before for immovable; and this we find not in some scattered loose sheets, but the universal, all-ruling, all-giving Law making faith for it; after the stablishing by Civil sanction, This coming in and saying, These things were given to God, I know it, I should know and do assure it: Take my word for it, I have best looked upon them, and never took them for any other. We know, for natural and equitable reasons as well as Law, No one should be put out of his own: Possession bears such a sway that it secures multitudes in their Heathen right, nor are they touched or questioned but from most known injury: And shall not God's Minister sit as safe and fast, and faster in that not only the Law gives him as His, but the same Law tells him and all the world he is in possession on of for the God of all the world? for the King of Heaven? Ye cannot wrong me, but ye must Rob Him, defraud Religion, disturb an higher title, impoverish the Ministry, disable God's service, starve and choke, (by diverting those warm showers of bounty had wont to cherish and feed it) the public practice of Religion at the root, leaving only a possibility, but never reducible into act, of glorious service, by this that Ananias and Sapphira have taken what Others gave, to maintain the Ministers of that service: Do we account it so heinous a thing, (as Justly we do) to remove the old Land-mark, to curtoll the set rule of Right, or to deprive the good people of the Land of their part in the Great Charter, which as but to a lower hand neither was never delivered farther then their Own Custody: (Item, We have given for us and our heirs to all the Free-men of the Realm these Liberties following: ) And shall it not strike higher that reacheth to the injury of Heaven, touching the Imprimis concessimus Deo, that the Church shall have her Rights? Reaching as it were unto another world, conveying up to Heaven, and depositing as it were at the footstool of his Throne the Assurance, making Him the entrusted Feoffee for others use, or rather the absolute and irrevocable Donee, and Proprietour estated and endowed to have Right or Wrong by the men of this world? I will not say the thing is so, fully; I only propose, what the Law seems to intend; with what an eye that hath looked upon it, or under what form it hath represented it; me thinks in terrible form enough of Conscience to all that believe a Deity, to fright any from meddling that considers, ( if it Should be so,) Decima DEO debita, Dei Rectitudines, Deo debita Jura, In usum pietatis concessa, & Concessimus Deo pro nobis & haeredibus nostris, &c. If this should NOT be so? Some one may say. But say I, What if it should? THESE may be but the workings of fearful fancies? But, What, say I, if they be Real and Solid Truths? They do but terrify: But what if they should and ought instruct? As the barefoot Friar heretofore answered the Gallant, who scoffing at his austerity, asked, Why so? This is not much, quoth the Friar, to him that thinks there is Hell. But if there be no Hell replied the Gallant, what a Fool art thou then? But, if there Be, said the other, Who is then the greater Fool? What if thy sinful soul be sealed up to unbelief, and thy seared conscience will not render thee dreading the Fire till thou feel it, till thou lie down in it, till thine own experience be the first credible Preacher thou wilt believe, when thou shalt find thyself laying down in flames, where the worm dieth not, and the fire NEVER goeth out? Doubtless it is best to cast the Worst; most safe to forecast what May be although it may Not be; the more if it may tend to danger in the worst, and those everlasting inconveniences and if men be not given over to a reprobate sense, past feeling, as the Scripture speaks, lulled asleep by the deceitfulness of sin into a dead Lethargy, the god of this world having so blinded their eyes, that they have no regard of the next, It cannot be but these considerations must breed a pause at the least, and with all sober and advised men a deliberation and Doubt whether these things be so, or no? Whose possibilities are assured by the instances of Scripture where they were So: Which men have agreed so all abroad to deliver from the public voice as it were of the Church and of the world: Which are left inshrined in the sacred monuments of most reverenced and solemn Laws, and unless most things did agree to deceive us, could not but be True. And if so, that there be Possession, yea, sacred, and in the sense given Divine Possession, both Equity and Law, Godliness and Honesty, Religion and Reason, Piety and Justice call out for Every man to have his due, (especially where a party may be more then man) and it can be no less then Unrighteousness and Impiety both together to dispossess and deprive of them. We are bound to love our Neighbor as ourselves: How do we this, if we wrong him? If we undo him? If we give him cause of grief? Which of us could be contented to be thrust out of our own possessions or inheritances? a part, much worse from the whole? and yet much worse then that if the whole laboring Tribe should be left to uncertainty, and Churches in danger of being vacant? We should love God above All: How show we this in wronging His Ministers, taking oil from their His Lamp, and venturing to lay a covetous finger where He is said before to have laid his hand? The prosperity of Religion is, or should be to every good man the Joy of his heart, the light of his eyes, the comfort of his soul, the life of his life: how further we this, when we take, (not only from man, but) from that Religion we pretend to honor, depriving the laborer of his hire for work therein, muzling That Ox treading out the Corn that he is not able to do his work, and whereas the offering of the righteous maketh the Altar fat, we make it lean (by taking away the fat that others gave,) and are resolved once more to tempt the Providence of Heaven, whether it be awake and regard to revenge its own wrong? whether the Gold of Toulouse shall prosper in our hands, though it were once spread upon the Altar? or the sacrifice will carry again a fatal coal, which kindled by Heaven, may not have power to be quenched on Earth?

Will a man rob his God? Will he? His own God? Any? saith the Prophet: and will we be instances in ours? Dare we contend with Him that is Great? are we mightier then He? Are God's and Mans rights combined both together? and will not this double strength hold? a double fence protect from violation? Seneca 's Epistles would sure teach us more honesty, and the Law of the twelve Tables fright us into better Religion. The Relation To A Deity is me thinks such a charm as should not but affright any from meddling where it is inscribed, or entering that circle where the dimmest Characters thereof do cirtumscribed appear: Sure he that put in some respect into his Law, To God As God, and would have None violated, would least of all excuse us if we should profane ( Himself,) Our Own.

CHAP. XXXII.

I N Whose right Man hath been Long possessed too: through the continuance of ages and generations: for this is no device of yesterday, like to change to morrow, but such as has already out-lived peace and war, troubles and conquests; yea, the revolutions of all seasons, of winter and summer, health and sickness, corruption and reformation; Nor from the darkest remoteness of any Christian days, does show of any other maintenace appear for God's family but this, which hath been the subsistence of his workmen all along that have labored in his harvest, and been maintained hereby, without which they could not have subsisted nor have labored. As if Providence had intended by this solitary instance to furnish us with one very good argument for Expedience of continuance, Because the world could yet give example of No other, At least some cause of doubt there Might be and Reason to fear whether Any other would do so well, because none at all had yet been tried. For many things smile with very much content and pleasing flattering delight upon the nimble working fancies of busy bold undertakers, Who when they have cast and contrived such a thing should be; give themselves leave to be persuaded presently it shall, and what hath been molded in their working fancies (commonly attended with weak Judgments) may easily be made out into Existent Realities, for which their quick wits are soon able to afford them arguments enough: But when they shall come to reduce their speculations to practice, and give life to their pregnant and very Happy conceptions (as they think) setting the whole frame of their new and inexperienced devices to move forward upon all those necessary wheels their fancies had soon made, and now must be made out to keep their Projects a going, Many a doubt starts out ex improviso, Many a rub is cast in the way of their smoothest and evennest most probable designs, Many an incongruity arises to disturb and cross their promising and most handsomely and universally complying expectations; Many a sour and unlooked for opposition to make the plot relish of Human, whatsoever hath been the best fruit of Mans contrivance, accompanied as it is with manifold Human infirmities: Whence some wise men have declined nothing more then Change, accounting it a good part of their best Wisdom to Vary as little as may be in things of weight, yea to let things quietly and upon deliberation alone with Some inconveniencies if but Tolerably Well, not only because of the Charge and trouble, but also that manifold Uncertainty will always follow Change, (as we are able to make it,) taking that Is, though precisely and purged from all inconveniencies None of the best, and venturing with choice and most satisfaction of reasonable desire along in the trodden, though somewhat uneven path, because There they can descry the feet of Sundry Passengers that have Used to go before them. Experience is among the greatest Securities of Hope; Duely applied it gives as much toward Assurance as almost anything, that What Has been shall Be; As on the contrary dark untrodden ways have Wise men's jealousies always hanging over them, and perilous innovations been by them both shunned and feared: Forasmuch then as Christian Public worship hath (with us) had little other supportation then this Hitherto, and Many think No other will hold, This may afford at least a Topicall argument for Continuance; that What hath been May, because of none other the world hath had any of the certainty of Experience.

And this step advanceth us fitly to the last plea of Prescription, and that confirmed by what it had its first strength from, such continuance of Time as doth more then manifoldly double and treble that Time of Having, which was simply necessary to Prescription; (as each pillar before had some additional strength:) Which to understand the better, and ground all the firmer, it may be expedient, as in them, to premise some things of the doctrine of Prescriptions in general; for this will be the more solid and able to endure examination, if we shall not fancy to ourselves, anything, but take that meaning thereof here, that others have both taken and given.

Mos est long a Consuetudo de moribus tantummodo tracta, I begin then with that of Isidore in the Canon: & Consuetudo est jus quoddam moribus institutum, quod pro lege suscipitur cùm lex deficit: Combined, as it were, one in another, and are both in effect, Usage strengthened into a Law. Of which Law, if there were never a word in this world, nor Scriptum est had ever dropped from any learned man's pen, or public vote to bear Umpire or decide doubts, yet if men's forwardness shall take up, and Use continue, some men go before and others follow in any good way. This Continuance by degrees grows up into a Law, (especially in England) and what is warranted hereby is lawful enough; future Travelers may keep that rode justifiably and without control, because they can urge they see the print of others footsteps which have usually heretofore gone there before them. I said, especially in England; for here some peculiar influence is from Custom; Our law seems much made up of it and more then other, so far that whether it or law say the same thing is not much material with us as to credit or validity. Consuetudo vero pro lege observatur, in partibus ubi fuerit pro more utentium approbata, & vicem legis obtinet: Longaevi enim temporis usus & consuetudinis non est vilis authoritas, says Bracton: It is as strong as Law. And before, Cùm autem fere in omnibus regionibus utantur legibus & jure scripto, Sola Anglia usus est in suis finibus jure non scripto, & consuetudine. In ea quidem ex non scripto jus venit, quod usus comprobavit. As if some peculiar regard were given to it, here, Vivitur exemplis, we durst almost venture by track, and it may and must be well what others have used to do before us. What other ground almost besides this do we know of many things we see done and allowed? Ask the reason of fines, Herriots, (or Heregates, for that I take to be the right name, somewhat belonging to an Army) Relieves, Widows thirds, (in a special manner here) Copyholds, to the eldest or youngest, and several rules of right yet stinting strife all in several places; Is not the bottom of most of these, Custom? it hath been so? Men have used to pay, or give, or do so? and This reason enough why it should Be so. For men are with some difficulty debarred their accustomed way; Late may not be hindered, what might have been at first prevented. So that if overwise posterity shall at any time think to awake out of that dream wherein their dull and patient Ancestors have suffered themselves to be led out of the way for a long time, as their new wisdom thinks, and champing irefully upon the bit, resolve to call all to scrutiny that hath used to pass, and if it cannot give a very fair account of itself, discharge it for superfluous, Does not the answer that heretofore Agrippa made to some Medlers, seem especially fit to be served in to their satisfaction? Intempestivum est nunc libertatem concupiscere, It is now too late to seek for what they might have desired; Olim ne ea omitteretur certatum oportuit: Nam servitutis periculum facere durum est, & ne id subeatur, honesta certatio: At qui semel subactus deficit, non libertatis amans dicendus est, sed servus contumax: They might have chosen, but now they are bound and concluded, the yoke is settled on, and must be born, (as Peter told Ananias, Thy money was at thine own dispose, but now thou hast limited thy former liberty.) And Joseph himself, as his wont is, to the same Men, Gravely: It is commendable indeed to fight for liberty, but this should have been done in time: Those that have been subdued, and long obeyed, to shake the yoke is rather a desperate shift, then an advised attempt for liberty. There be many things, 'tis like might have been amended at first, and the work of true prudence have cast things in such a mould at beginning, as might have saved (or prevented) many after following and continually renewing inconveniencies: But when the lot is cast and the tables shut up, the public hath appointed, time settled, and continuance made next to immovable and natural, Then for every thinking man to be tampering with avitae consuetudines, to amend all he thinks hath been long amiss, cannot but be the way to much trouble, or is not much removed from intemperate fury: Because he is very weak that thinks not at least he can mend somewhat in Sir Tho. Moors Eutopia, or Plato 's Common-wealth, and it may be, Could, but Some evils are better born then their remedies. I confess myself not very Curious before in keeping myself to that strictly may come under the word of Prescription, but to that which hath the nature of the thing, to create a title by Possession and TimeEver: And I know what distinction the Civilians have between it and that ranges also under the same head, of Usucapio: That One is restrained to land, The other to goods: One for, Longi temporis, the other for yet larger size; That to take place only in Italy, This also in the Provinces: But chiefly, that one gives full right of positive Dominion, for recovery; But the other only Exceptionem contra actionem, to protect the Possessor against an assaylant, cannot recover a disseisin: But these niceties are not to be much stood upon by us here in England, and the rather for that the Civilians themselves stick not fast to them: We mean, as said, the Thing; that which gaineth Title by Having and Using, Possession and Continuance; and these two, I suppose, as so many essential parts, do go always to that which is Prescription. Which is then, says Cook, A title taking his substance of Use and Time, allowed by the law; Praescriptio est titulus ex usu et tempore substantiam capiens ab authoritate legis. He critically distinguisheth again between This founded in a person, Custom in a place; A man may prescribe, a Manor or Honor breed a Custom: (but this I insist not on neither.) and the Civil law agrees with ours: Usucapio est adjectio dominii per continuationem possessionis temporis lege definiti. But now what time is requisite to create title, would require somewhat a large parenthesis.

First, abroad: and by the twelve tables one year was enough for moveables, two for immoveables: If a man had possessed bona fide, & ex justo titulo so long. He was in for continuance. This Justinian altered, (or rather Tribonian, ) for three years in the former, and ten in the later, inter praesentes, but if the owner were absent he was allowed twenty. This was called praescriptio longi temporis, which yet satisfied not in all: for it was needful to bring in besides Praescriptio longissimi temporis, which lengthened the leave to claim within thirty years, or in some cases within forty; and here with them most things stayed.

By the feodall law (1) thirty years prescription was good, and He that had no investiture, and had been in so long and done services stood firm.

So by the Canon in many things determinable hereby, though for one Church to prescribe Tythes against another require forty years, and in some, other Cases.

Here at home has been much variety: and we have had no fewer then three sorts of measures to limit and set out the time of possibility of Recoveries by without or beyond the bound of Which, no hope.

1. The yet standing and yet withal most ancient and natural Rule is by comparing with the knowledge of present men; if within the reach whereof anything be seen and to be said as known and remembered, the Possessour is loose, and may be removed; if otherwise, Melior est conditio possidentis, He that has is secured his continuance of having.

2. But because this might flag, or prove uncertain, and is always wavering, some more certain bounds were thought fit to be inquired after, which as stakes fixed, at least at one end, migh determine huc usque shall inquiry come, and no further; precisely laying down what might be expected, as 'twere to a year and a day. As in Glanvils time, the Claim must be laid in some Cases, since the Kings last Voyage into Normandy; in other, since his Coronation; in Writs of Right, his Grandfather Henry 1. and if on this side these several limits, nothing could be shown to molest, &c. beyond was as good as nothing. In Bractons time, under Henry 3. the widest Writ of Right was bounded by Henry 2. time, others narrower, according to the limitation of the Statute of Merton. In Fletaes time, who lived (likely) under Edward 1. from the days of Richard 1. according to the Statute of Westminster 1. cap. 38. And this it seems remained to Littletons time, about Henry 6. for he mentions the same to be the Hercules Pillar then, beyond which no Claim could be laid to anything.

3. But albeit these times of Limitation were reasonable when they were made (I make bold here to borrow a little piece) yet in process of time (there being set times appointed in former Kings Reignes, from which as a Barque from the fixed Land the future went always further and further) the times of necessity grew too large whereupon many Sutes, Troubles and Inconveniencies did arise, and therefore the makers of the Statute of 32 Henry 8. took another and more direct course (by setting stakes as it were at both ends of the stage,) Which might endure forever; and that was to impose diligence and vigilancy upon him that was to bring his Action, so that by one constant Law certain Limitations might serve, both for the time present, and for all the times to come, viz. That the Demandant should allege Seisin in a Writ of Right not above sixty years next before the Teste of the Writ, in others thirty, in others forty, in others fifty. This yet left some difficulty, which was after explained in Queen Mary's time, and pieced out as to some trifling Sutes according to much desire in King James his time, and so do things I think remain with us at this day. Now from these several Limitations of Prescription abroad and at home, and about them I cannot but note their general end, which was no doubt to prevent Sutes as much as might be, depending on proof remote and of dark days past, by limiting to forty, fifty, or sixty years, seldom farther, &c. All which it was also fit to note 〈 in non-Latin alphabet 〉 , or at large, that by seeing what has been, not in this place or that, but All Abroad, we may the better make estimate of what we shall find in our Case, by comparing the length, (wherein is also the strength,) of This prescription, with that has been generally reputed enough, and to establish a Right elsewhere. I confess the thing itself as to the equity of it seems not to me at first sight altogether so fair and reasonable as that Thereon any thing should be settled, or There-from derived; for it seems as it were many times to settle a Right upon a Wrong, a Due upon an Exclusion, (perhaps of Right) and at a venture such a one shall keep, what by Gift, Succession, Escheat, or otherwise May in due scanning perhaps belong to another: (Perhaps also to him that has it, But this is Uncertain, and Justice should never proceed but in a regular, constant, certain, sure way: ) And therefore the prudent gloss upon the Decree scarce allows it to be according to the Laws of Equity and Nature, w ^ch would by no means have any one enriched by the spoils of another, as here it often is, always may be. But then again on the contrary part it would also be considered, That there had much need to be some end of strife; The negligent is but duly punished if he will not come in in some reasonable time; He knows written in the very face of the Law his peril if he do not come in to claim his own, nor is it fit Justice should wait ever; And if Controversies should be admitted of things whose knowledge is so far off and out of our reach, that almost all the foot-steps are worn out by the continuance of Time, Our life is so brittle, changes so frequent, Arguments from what we see not so but probable, and yet so many, and on both sides, But above all the wit of man so fertile and pregnant the quarrelling way, That still some color would be found out or other, Why that should not be, that is, and that in the place thereof, which is not, and so our lives would be spent with quarrelling, as our means with charge: Wherefore, & Ne dominia rerum sint semper in incerto, as was the gloss before, it was prudently because necessarily determined to have some end, wherein if there wanted somewhat of Justice, there might be amends made in freedom from perpetual trouble and all-consuming charge; some Hercules Club must be found out to strike the matter home in certainty one way or other, or rather some Alexanders sword, that what of the Gordian knot could not be untied, it might cut a • under, so here: when it grew tedious or rather impossible through the manifold complications of crafty Contrivances to bring the matter, whose whole stage was at a distance, to a certain end, for certain yet let some end be; and at a venture settle upon the Possessour: He May have Right, he has had for a long time the Thing, Possession is many points of the Law, (because every man is supposed at home, and that to be a Mans own in which he hath dwelled a long time without higher acknowledgement or any ones control,) and this He hath had no one can remember to the contrary but ever: therefore let him Continue to enjoy, and he that was so lazy as not come in some reasonable time for his Own, let him now see one have it that will be more careful of it, and perhaps do more good with it. This may not be well, yet better then what is worse, Not exactly just, but the Good of Peace compensates the Evil of Injury, and a quiet sudden loss may prove better to the loser then a gainful eternal contestation. Bono igitur Publico introducta est usucapio & praescriptio: as Gaius spake, This is now then for every ones good: Ut sit aliquid litium finis, as another makes it out; for now there will be quietness what ever there be else or more. Whence Valentinian made thankful memory of his Predecessour Theodosius, as in favor of human peace and tranquility, setting forth his Edict of this nature, which Cassiodorus called the great Patroness of mankind; And if it do nothing else, it keeps the Peace, and where Peace is, either ready there are most worldly commodities, or Non invita sequentur, they will soon follow.

But this prescription that must be thus the sovereign and enriching Peacemaker, a virtual fine, (in the rational import of that word, quia ponit finem litibus, ) must have three Conditions, which I but name. It must be, 1. Long: (how long hath been said already.) 2. Continual: that is without interruption, by word or deed, by violence or gentle claim. 3. Peaceable, by the true Owners patient and dead negligence. For if he stir, the bone cannot settle to grow awry, the Wind blowing hinders the Water for a time settling into Ice by coagulation; so strength is here forbidden to grow of the Adversaries Right, by him that if he strives cannot recover his own. And these three things observed give a conscionable Right, against all but one, was said before; Now against him: for Time though it can do nothing, yet by it are done many things, and though it work not at all, yet without it is nothing else wrought. Tempus ex suapte natura vim nullam effectricem habet; Nihil enim fit à tempore, quanquam nihil non fit in tempore, as one spake pithily. And therefore, as it is a means of dissolving, so it is also of contracting obligations; Settling and unsettling, binding, loosing, doing and undoing. Indeed everything is done by Time, and without it is done nothing that is done. The Crooked grows Straight by it, the wrong, right; Usurpation, Justice; the Invader, an Owner; And he that naught else has but what Length of Time can give, has (with that, and possession supposed) enough to answer all that can be said to disturb him.

Which Sovereign, and almost unreasonable privilege is allowed upon a double consideration, as well of favor to the possessor, as hatred to the negligent of his own no • seeker: for if he be possessed upon valuable consideration, bona fide, and deceived but as an honest wise man might be, there is so much pity of his wrong that he is kept in in favor and for his wrongs sake: But if he were a mere invader, and as he entered, continue a mere Usurper, yet so much doth Reason and the Law hate him that is • lothful in his own interesse, that rather then he shall have anything, wrong shall take place ( by right ) against right, and rather then Justice shall always wait upon him that neglects himself, her constant purpose of giving everyone his due shall wax weary, and give him only dismission of suit at last instead of remedy. Currit tempus contra desidiosos, &c. as was said, and though the Law could even wish too that He should not have it that has, yet in hatred of his sloth that should seek, He shall never be put out, nor the right owner in.

All this of visible real things, but so as the same rules hold, mutatis mutandis, of Rights and Services: Whatsoever (being intractable) is possessed and owned by use, a continuance of that use conveying still so much vigor and proportionable quickness to the thing itself, that it daily increases in strength more and more: If it were weak it grows strong, If it were not able to stand alone, it doth now, tractu temporis convalescere, and a man Hath that he Had 〈◊〉 , nor can another Forbid, what he might at first have forbidden. As if a man shall allow a way, an Aquaeduct, and by like reason liberty to come once a year and take such a thing, a tree from the Forest, the tenth row when the Coppice is cut, a sheaf or a tenth sheaf out of the field when it is reaped, or the like: Ex tali usu & patientia praesumitur de consensu & de voluntate: & ita acquiritur possessio ex tempore, ita quod taliter u • ens sine brevi & judicio ejici non poterit, &c. as we may say in the words of Bracton. But then there must be presence, and science, the use must not be clandestine, nor in the night, &c. and many other such things there are, de quibus hic non est narrandi locus; but they do not contradict or contravene these things or our aim or scope.

This I take to be the doctrine, and general nature of this accident, in part abroad, but most at home, leading to what prescription is, to our purpose: from which it cannot but be evident, That such a thing there is, The Law allows it, There is plea for it and from it; In time it binds the hands that were at liberty, and creates a right to that was at first but a lazy permission, or courteous concession, or perhaps violent intrusion: We have seen in what time this may be done, (more then by our bare conjecture,) any limitation scarce exceeding sixty years; and that in a Writ of Right (the highest with us) the possessor need not prescribe farther to bar out any pretender. In some tender special cases indeed, (I should have said,) 100 years were allowed, as in things given to charitable uses which might be claimed within the Century, (but this after shortened to forty:) and in the ancient endowments of the Church of Rome, and formerly no prescription could run ever against Res Fisci, or things of a Temple, or Sacred or Public, or for Lay-men, as before, to take up Tythes, but where any could run, in common affairs, the Stage was but sixty years of length, or fifty, or forty; Sometimes but twenty, or ten, or two; And he that came not in within this space of time served a Prohibition upon himself, He might not though he would at any time ever after.

Now then for application of this general doctrine: and How can This be Then but All and throughout a firm and strong argument for that I contend for? Are these things in the Tables of our sacred Law? And Does Time so much of it self Alone, destroying one man's right, and setting up another's? And shall it be allowed to do nothing alike in a case reflecting on God and Religion, if the case be the same? And proved? sc. that for so long time the possession (whereof enough before) hath been continued and lengthened here as may make out that is reasonably called Prescription. Doubtless the Law is still the Same, and that good in one man's case, (it ought to be so,) that Was in Another's, and Where the Reason is the same, It ought to be: for Right knows no Persons or Things, and prescription or continuance of time should be reasonably interpreted to do as much For the Church as Custom or the same continuance does and may Against it. It remaineth therefore that this only thing be inquired into, Whether such a Right hath been in the Church? and Time out of mind? Sixty years? or other due length or space that hath used to protect and keep safe the present possessor by exception to any intended ejectment, (which if the whole doctrine before is of use by all its strength to create Right and secure continuance Here, The duly and truly prescribing tenant cannot be outed:) And this is as evident as Story, Record, Books, Writings, or other Memorials of any sort that give account of past times can evidence or make good unto Us. For, Ask the oldest man living. What is his knowledge? Ask him farther, Whether he ever heard his Father say, or that his great Grandfather should tell Him that in any of theirs or the next Ages before Tenths were not issuable, and ex jure demandable to the Church out of All Lands? Impannel a Jury of twice twelve times twenty of the ablest of that County, and the next, and put them upon the question, Whether they do not know and believe this Custom to be and have been? Or, lastly, imitate the Conqueror, and send for twelve men out of every Shire, legibus patriae optime institutos, and sworn (as He did to Them) Ut quoad possint recto tramite nec ad dextram nec ad sinistram divertentes, legum suarum sancita patefaciant, nihil praetermittentes, nil addentes, nil praevaricando mutantes; and Put to them What are their avitae Consuetudines, and whether this be not one, Ex omni annona decima garba Deo debita est, & ideo reddenda, and so for the tenth Colt, Lamb, Fliece, Fish, &c? And see what they will say. Go to the Lawyer, and let him give his Council from his Books, Reports, Statutes, Laws, or Charters, &c. Let him turn them, as upon double-feed diligence, and say, whether it be not obvious in his Rolls, Records, Customs, Cases, Books of Entries, Natura Brevium, Laws, Ordinances, &c. still a supposition, and glance enough through all Ages to prove the • ame: 'It is a question of time, let him give instance to the contrary in This or That, a former or later, Any Age or Kings Raign. Deal but within the compass of things known, and Christ worshipped, and I dare trust to his ingenuity, for an answer punctual, home enough, and agreeable to truth. In Hen. 8. time, Hen. 7. Rich. 3. Edw. 5. and 4. and so, (lik • the • obster,) back, back to darkness, and almost bare names of Kings and Government, and has he not still as evident mention (by reflection, and as of things that had their proper scene of action and agitation elsewhere in another room) of these things in his temporal affairs as any? I would but the whole Issue were-made up into a Demurrer of this expectation for satisfaction Alone: There is so much ingenuity and presumed honesty comes along with that learned Gown, assured, that all the sons of Phoebus (Quêis meliore luto finxit praecordia Titan, ) or sacred Ministers of Jesus Christ would expect doubtless no better sentence of Umpirage (either for the whole or this part of their right) then what his knowledge could, his readiness would, his justice must and ought, and his conscience nor wills, nor dares, nor can but give in according to his evidence. I durst rely upon whom I never tried: Wayward men may calumniate, and willful men mistake, and weak men suspect or revile what they do not, perhaps cannot understand; But there is with that sort of men (the sworn Servants of Justice, and, as they have been styled, Apprentices of the Law) the Quintessence of sound reason & immovable honesty, profound judgment and vowed integrity, a love of the truth and painfully acquired knowledge of what it is, that I doubt not but all just and honest men would have cause to go away from them satisfied, and rest in their determinations, as of Lovers of Truth, and Oracles of Sincerity.

Take we one for all the rest, and not to be • et behind any of the rest, who wrote purposely near half a prescription space of years since upon this argument, even most learnedly. Put to him whether or no there have not been time enough to make a prescription, and a prescription, and twice double as much more since Tythes were settled! (there may be error in my form of expression, but take the thing meant,) and if he do not grant enough to this purpose, and More, let Mee have said Nothing. He more then pretends to sift things to the utmost, and with Curious Diligence and watchful industry to dig down to the root of the ancient constitution of things, and so give the face of them as they have been from the beginning without any fucus or deceitful gloss; and though he rove and fluctuate as long as any, yet he stays soon enough to have somewhat to spare, and yet prescribe over and over, and over. From his eight Chapter of Laws, little can be had, but de Jure, of the right, which has not always taken place in action; (for good Laws have not always had the good hap to convey so much felicity to the world as they might, by being thoroughly and fully Obeyed:) but in the following he comes home. Chap. 10. He acknowledges some payment under the Saxons by K. Knouts letter yet extant, or if not, punishment: Many Churches under the Conqueror are marked with, Ibi decimae, in that most authentic memorial of our Nation, or perhaps this part of the world, the book of Domus-Dei, as in Sussex, Hampshire, about Basingstoke, &c. though this neither general, nor common then. Other evidences of dueness and payment are under Hen. 1 & Hen. 2. and to them, And now they began to settle: A parochial Right is acknowledged and supposed by Alex. 3. & Hadr. 4. in their Epistles hither treating of them (they lived about the beginning of Hen. 2.) and it were somewhat hard to disbelieve in matter of fact, such and so solemn asseverations and depositions. But about Edw. 1. a parochial right is granted by himself, evident from the Stat. of Circumspecte agatis, and the writ of Right of advowson, of that date, where the Esplees are chiefly laid in Tythes: And by the practice of the Kingdom it became clear law (as it remains also at this day, he says) that Regularly, if no other title or discharge, to be specially pleaded or shown in the allegation of the defendant might appear, every Parson had a common right to the Tythes of all annual increase (prediall and mixed) accruing within the limits of his parish, without showing other title to them in his Libell. After, giving other things, as of Cornwall, from Chaucer, &c. He concludes plainly the received and acknowledged Parochial right in the practice of those times, which hath to this day continued: Neither is it necessary to add more for the uniform continuance of it. Save where a Statute hath discharged, or a Modus decimandi, (which being Discharges, do clearly presuppose and imply one ration:) And this (being a Lawyer, he says) is Regularly clear Law. Some curiosities there follow, and judicious, useful, needful disquisitions, but so as nothing impeaches a full and universal Parochial Right settled nine half hundred years ago, even by his concession: And he hath been generally taken to be no great favoring friend to what more then needs he must grant in the Churches behalf, though in this particular I never held him injurious or undeserving: With his grant taken to be most sparing, he howsoever grants this, and this to our purpose Enough. He avers moreover Chap. 11. that after Innoc. 3. time, all lands paid according to the Canons; and therefore no other title was made by the Archdeacon of Louis to the Tythes of Barrington then in demand, then that the Land lay infra limites Parochiae suae de Barenton. & chap. 14. giving the history of their Jurisdiction tripartitely, into 1. that was before the Norman. 2. to Hen. 2. And 3. since: he has enough to the same purpose, the mind whereof having been given before, needs not to be here repeated again. And these things at home are agreeable to what was abroad, as cut out by the same rule: for as times then were, the Canon sat over all, which how it discharged itself, was shown before, Chap. 7. for Parochial payment by the obeyed Decretals. Quia perceptio decimarum ad parochiales Ecclesias de Jure communi pertinet, as the reason is given in case of new broke grounds: and the action accordingly was, Jure communi fundata intentio, that is, by common right Tythes praediall and mixed were due to the Parish Rectour, if they were not by some special title enjoyed by some other Church, or discharged by Canonical exemption: sect. 1. for they were not so much given or granted by the Owners as then supposed, or exacted or expected of or from them by virtue of any act of theirs, as to concession (of the right at first) or after delivery, As they had been Reserved by God at first, at the grant of all, in signum universalis dominii, quasi quodam titulo specially sibi Domino decimas reservante, as the Law speaks, Never making the right out of himself that it might return: As a load of Hay, a Mine of Lead or other Mettall belonging to the Lord, is not so much a due issuable out of that land he hath let to his Tenant, as a reservation to himself at first when the Land was let, and he parted with the fruit of the ground; or as if the same Lord cuts his wood or timber, and carries it away from his tenants land, His tenant Pays it not, but gives way to the taking of that was always excepted and reserved; Or as no Manor or Parish ever laid out any Kings high-way, but the King always kept it for his other subjects out of the grant from himself So, I say, God reserved (the times seemed to take things so,) the tenth as his part never parted with, and as his Own (somewhat like a quitrent) it might be seized on Jure communi without any order or Act of man, by virtue of primary exception or reservation. And according to these things, the Rector in his libel, upon the allowed Actio Consessoria, needed propose no more then that the demanded increase arose within his parish, the rest would follow: Which action, if Durand disallowed, grounded upon common right supposed, and approved rather of a Condictio ex canone, by some positive made law, (not by general right but Statute-Canon-Law, or agreed on Constitution) this is all one to my purpose, and for an allowed granted right in those days, which is all I seek for. Of what is behither, (trusting to any that pretends to know,) I need say nothing.

All this from one man, yet living, and worthily of fame enough for learning, not confined by our own seas, nor scarce Christendom, Neither can • e but know, and I believe, will be ready to aver many times more in this case; that if homage were paid to the earthly Lord, rents or services to the public, or anything to any man, this, signum universalis dominii, was still allowed to Religion, (of more public and nearer, inward concernment then anything else) even to God's house (who is supreme Lord of All) and his public service; neither may his Ministers but prescribe long enough for it, as due, under the notion of equivalent to what was Levi's under the law, Behold I have given them the tenth in Israel ( 〈 in non-Latin alphabet 〉 ) for their lot, for their service which they perform in the tabernacle of the congregation.

But now steps forth Doctor Tildesley: whom this large extent satisfies not, and therefore he undertakes the higher dark times of much further, and would not but that universal right and possession of these dues has been here Coaevall with the Christian law, and of the same date for beginning as Baptism and the ten Commandments: He endeavors to reply to the exception, and answer the plea for the broken payment till about Hen. 2. As from the secundum Antiquam legem debemus, in K. Knouts Epistle, & sicut praedecessores nostri concesserunt, an ancient grant Then; from the grave testimony of Augustine our first preachers time, inserted into K. Edwards so famous law; from a likely fair interpretation of those soant returns of Tythes in Domus-Dei Book, that it might be but according to the opinion of the Inquisitors prevailing (as to the affirmative or negative) in the question of Expediency or Duty, Whether it were fit or meant they sho • ld be returned, &c? But I examine not the validity of eithers arguments or answers, and as little mind the seen possibility of more strength on one part, or reply on the other: let their arguments fight (their minds being in Charity;) which ever prevail, I have in the mean time gained a certain doubtfulness of those times under contention, and as much certainty of enough beside since: on This side over and over sufficient for prescription; Beyond, that which May yet afford more store, and this from those were able and are famous for their purposed disquisitions.

Now after this abundance together, it may be no doubt superfluous to look abroad for more. What is within the reach of common observation could hardly escape their views, especially His, who had examined that and more: What might be had from history, pleas, writs, statutes, and other information of best but common credit, would be but to light a candle before His Sun, or as the gleaning of a little after full heaps, and therefore may well here be spared: In short, The clear evidence of Things abroad is such, and the light of Truth concerning them so common beating in every ones eyes, that no one that is fit to speak, but must have knowledge enough to say, that for Centuries upon Centuries, ages and generations, and the repeated revolutions of many hundred years, to create prescription by continuance of paying and receiving, There hath been time enough, and enough, and enough and spare; and if twice five times sufficient to raise it in another case may here serve, (set aside the otherwise sufficient pleas of Donation and Possession) none of this will be wanting with either greatest assurance or fair probability.

It is said there could be none without possession (whereon 'tis founded,) and everyone knows where the dues are kept all the year; This was prevented before: for both a Possession, and through coutinuance of time is for that Right is made use of but once a year, or when there is occasion: Let the truth represented in a few more lines of Master Selden be the Coronis of this part. He observes, that out of any continuance alone of voluntary payment a kind of Parochial right was then created, (speaking of about the ninth Century) though a voluntary consecration might do the same; and afterwards, as this wars the cause of Right to a Church whereto they had been so conveyed; so, Continuall Payment of many years did so settle the perpetual Right of the Tythes of any Family then, that whither soever it transplanted itself, it must still send whither it had used; as if this continuance had forever so bound it, that it might not pay them otherwise. This then; and it was about seven or eight hundred years ago; How much more strength then must an usage that has its force and being from time, and so according to nature, should, (as it does) tractu temporis convalescere; get vigor in its age, and be more fat and well liking? How much more strength, I say, must this use have Now, that how much the older it is, is still always so much the stronger? And if in some Countries there may be a prescription, De non decimando, totally, and with us it usually prevails, for a Modus decimandi, which is against the Church, compared in matter of Right or Wrong to an Orphan before, How much more reason is there that the Church, The Pillar and Ground of Truth, should prescribe for herself, then others against it? that that prevail which tends visibly and likely to the support of the Gospel, then what may prove the ruin and suppressing of it? whereby the service of God may be upheld, then whereby it may cease? Shall Time be of force to say, A Right shall Not be paid, and shall it not settle more firmly, that A Right shall? It must not, Rather then it must,? In other things prescription is generally a good Plea, for Rights and things, and so Doubless it is in This.

CHAP. XXXIII.

J Amque opus exegi, and hope I have not failed in either part of my undertaking, that if either Title of three, and All good be Good, if either string of three will hold, and all usually strong enough, I have not fallen short of the proof of a Civil Right, and that by that Law by which here All things are possessed. Is that any ones is Given him? We have shown plainly this Donation. Can this gift be confirmed by confirmation? This hath been offered and largely diffused, all abroad abundantly. Is that I have, Mine? Sure, 'tis naturally, and none shall deprive me without wrong for Possessions sake. Now where is the Possession Here, the World sees. May this Right founded in God, in Heaven Originally, on Man but derivatively, and by consequent substitution, fright boldest men from laying on their hands, and scambling with their Maker? What even the Law hath said, in this behalf hath been heard and may be remembered. Ought I still have, what I Have had? I challenge a liberty, a way, a right, a power to present, merely because I have had, and so used: And this is not here wanting for Ages and Generations. The result of all questionless, A CIVIL TITLE, firmly: and by these three distinct ways, by which men Generally enjoy with us, and they have enough in Any, by All meeting is here a Conspiration of at least a treble sufficiency. Bless we God, who hath not left the support of his Gospel Here to the Good will of Men, and uncertain, tottering, voluntary Contributions, but as was said at beginning, hath given habitation to this truth (with us in England ) Firm and Stable, and by the helping seconding acts of favoring state raised and established (as to the outward frame and support thereof) his Temple on the Mount of the same materials and under equal shelter of temporal strength and firmness, with the lower buildings of the valley; The Church is as strong, stands as fast as the mannour house, and even as much Lower Law for the Civil Temporal Right of these Dues, as any other men's Possessions or Inheritances do lay claim to for their sufficient supportation. This is the Lord's doing and wonderful in our eyes, and so let it be also gracious, and the occasion of much thankfulness with his People: Looked upon as no other then a Work of his Very favorable providence for the safe and long Continuance of his own honor, and one of those comforts that may be among the Greatest to those that love the Lord Jesus Christ in sincerity; A means of firm establishment of the Gospels Ministry, and to hold out that blessed light of the Christians Law to us which may be a Lamp to our feet, and a Lantern to our paths, to guide us into the ways of peace, in exclusion of Saturn, Jupiter, Mahomet, Frea, Thor, Woden, or whosoever shall go about to recover or obtain a place of honor in our Temples, now dedicated to the honor of the most high God, and his Son Jesus Christ, with the Holy Ghost, to whom be all honor and glory in Them and through the World forever and ever. And all these things made good too by no other then those have been reputed most proper strengths, The Laws of the Land, No other Language almost used, no other Books, or but rarely, cited, Among that world of Volumes that are of other things, and some on this subject, in another way, yet none chosen, or stuck to, but these & the most of them such, and so classical and authoritative, that they make the Judgment even of the very Judges. I desire may here not unseasonably be awaked to present remembrance and due observation which was laid down before, but had There so much amplification, because it was to have here its present use and operation, and it is, that This Law is here below in this World, The only Umpire of all things, the Rule of Right, the Judge of Own, the Stinter of Strifes, and the only Didoes Thong that makes out the Line by which the Limit is drawn, that fences Severals from the Common and among themselves, the only Donor and Continuer, Preserver, Sustainer and Establisher of Every man's Due and Own, by which he hath to himself What he hath, and No one else hath anything to do with His Right or Inheritance: that gives the Master more then the Servant, the Gentleman more then his Tenant, the Nobleman more than his Fermour, or the rich and wealthy Merchant then his neighbor Mechanic; entitles him to his Land (or Rent) fences in his Inclosure, pales his park, makes a Thief that enters, and takes, and carries away, and enables him to ask, and have, and sue, and obtain, and recover against the most stubborn and unconscionable injustice, Whereby he is so far as he is, Lord and Master of All things. The Law, I say, The Law itself doth this Alone, apportioning thus to everyone certainly and justly, to every fellow-Commoner His Own (in how much disproportion of Quantity soever, with the same Equality of Justice,) to one man Delicates, to Another but bread; to One Silks, to Another Frize; to him Robes, to the other scarce Rags: All this doth one and the self same law ministering to each as it listeth, whether a Mite or a Talent, a Garden or a Field, a Palace or a Cotage: And if Then this Law should fail, this Rule by any device be Made to warp, and this Strong Spring prove now too weak (in its full force by all Authority) to bring in known dues to Some, (who have the same claim with All,) who assures that not to Others also, who can pretend to expect by no further or stronger? If this Judge should not be able to make good his sentence, If this bountiful hand should wither, and prove short to reach out allotted proportions to Whomsoever under equal reason of Right now, Who distinguishes the Sinews, or can warrant their Office long to quicken and actuate those fingers must reach to the wealthy Their plenty and abundance? Or not rather doubt their weakness or strength, quickness or deadness, life and vigor, or lost power and infirmity may have together and to All (as proceeding from the same Cause of liveliness or obstruction) the same Uniformity? This is the Basis whereon all is settled, the Rock whereon all is placed, the great Bottom whereon all is embarked, that in England we call Goods and kept a floating; If any should think himself so cunning with his malice (prompted on by his Covetousness, for it can be nothing else,) that He thinks he can sink a part, boring a hole at that end where his neighbors Goods are laid up, (the servants of public holy work their wealth and sustenance is treasured) (without further regard to the Community within,) Let him take heed ere long he hear Not the loud and shrill Complaints (with fearful Out-cries) of all his fellow perishing Merchants, who are preserved in and by the same, and whose property and safety must all by Consequent be in danger to be lost or gained, sink or swim Together, to satisfy the greedy desires of those that come plainly enough within the compass of St. James his Character, Ye covet and quarrel, and ask and yet ye have not because ye would consume it on your lusts. And let great Possessours Chiefly look to themselves, for— &c. —I was going on to due and nearer application, but the figure Aposiopesis lays my hand upon my lip, and forbids to speak meaning well, what may be ill interpreted, and therefore prudently and silently let this inference be left to the working of every ones own Christian and reasonable thoughts. Only this I cannot but add, That there are seen great disproportions in the World, and some have notable advantage thereby, The Ground of All which is the Law: There are very great heaps, enjoyed with security, and none dares now touch the property of the rich and wealthy in a farthing; If this be touched and removed or violated, the bound is going that keeps All from primitive Community, And Therefore they should think much hereon who Have much to lose; They should love to keep the Fence whole who would not have All Common, & the boldness must be extraordinary of those other who in private condition Dare venture to tamper with the Foundation of all Distances, meddling with that in Politicks does as much as the grace of God in Religion making one Man to differ frō another in wheresoever he does differ: For what hast thou thou hast not received hereby? and that gives us all things plentifully and ichly, sol ely & only to enjoy.

But now someone May say, These are but Logical Arguments, human Reasonings, fallible and liable to Mistake; Whereunto I answer as readily, assuredly Even so, and there is no doubt of it: None so far out of the way as he that thinks he cannot err, and incurably too, for as much as this perswasio • in his mind is as bad as poison in his soul, hindering all possibility of healing his error. If then replied what farther probability, It is not so here, and This is right? Have Others thought the same? Hath anything been done accordingly? How have the fruit of such persuasions or Actions been exhibited in view and in things existent? I answer, Well enough: And this leads inquiry into two things yet behind fitly, and to this place reserved, and they are, 1. What the Lawyers have given in as their Opinion upon the former or like Grounds. 2. And what has been D • ne: What the one have thought, and has been the fruit of the other seen in the World.

And first, Ask the learned in their profession: It uses to be so, and prudence thinks it has had especial work in such obeyed directions. To the Physician in doubt of a disease; To the Artificer in a point of skill; To the Divine in a Case of Conscience; To the Husbandman or Artist in that their callings or conversations fit them to direct about: Everyone of these is wise in his work, as the wise man says, and we use to rely on the Practised and Experienced. Go then to the Student, Ask the Counselor, Move the Judge, Apply to a whole Jury of Judges, or the Corporation of Learned Men, dispersed through the Land, There is never a one will set his hand or his thought to the Contrary, or deny it to This, That Tythes are as due to their due Receivers as anything else to whomsoever it is due: He cannot go against his own light, He must know This, and he ought and will subscribe and do accordingly. 'Twere strange to find one of a Kind singular from all the rest: He were a Monster of his profession that had the protuberation of a strange opinion excessive and swelling out of his bosom, different from all other of his sort: And as such they would look upon him at Westminster, that should peep out into the world with this new discovery, that Tythes are any longer Alms, or a Voluntary Benevolence for the support of Christian truth, not Duty and a Due by strict retributive Justice. Have they not counseled? Have they not practiced? Have they not judged? Do they not Judge, and still commit sentence to execution accordingly? And manage the whole series of their most honorable studies, and employments Still as upon such a Supposition? Unwilling men have not Given, but Paid: Could they ever relieve them? They have complained, Their goods upon this pretence have been taken from them: Where was their remedy? Their Neighbor Bench had Ordered, Appointed, Given, It should be so: Whence any Comfort! Nay, They, the Secular Courts themselves have assisted. For if the Consistory appointed, and the convicted denied to pay, The sentence of Excommunication was Orderly and Leisurely but Certainly backed with the Writ De Excommunicato Capiendo, to take him that refused as a Rebellious Son of the Church into safe Custody of the State, as contumacious and refractory to allowed orders, and No relief, but still and more assistance and farther prosequution by whatsoever Ployden and Littleton could do, that one sword might help another. Nay, themselves have interposed (some say, Too far; the Statute never meant it) at the first instance, and drave on the Statute of treble damages for Justice to Execution in their Court: And were they not Just even when they were, Judging as the King Ahasuerus desired the Queen should be, Vashti according to Law? Esth. 1. 15.

But to instance in some particulars. Of which those that offer themselves are too many, therefore I content to take up myself with a few: Beginning with that right worshipful and learned Benefactor even to the Learning of an University, the most deserving of Religion, Virtue, Learning, and all Goodness, Sir Henry Spelman. He was not indeed a Lawyer; but More: Himself bewails the mis-guiding of his tender years too soon out of the direct way to graduated and professing in that most excellent knowledge; But he that shall heed the demonstration he gives the world of his Sufficiency in those Noble Studies by his Glossary and sundry other exact pieces extant, will be forced to confess him above even measure for a Professor, and not unworthy to teach some Masters; As having digged down to the foundation of our Fundamentals, and not unworthy to sit in the highest Chair of the Learned. Now he tells us in one piece, (as I remember, for I have not the Book by me,) that although Tythes and other Rights of the Clergy had not been primarily due unto God, by the (immediate) rule of his Word, yet Are they Now His, and separate from us by the voluntary gift and dedication of our ancient Kings and Predecessors: and who shall violate the will of the dead! whose impiety shall dare alter, change, invert, divert the streams of their pious bounty, and heavenly inspired charity, out of those channels their wills set them in, to move toward and end in the advancement of God's glory! If it be but a Mans Testament, saith Saint Paul, who disannulleth or addeth thereto, being once confirmed? and shall not religious endowments be yet more safe, and from violation, being Given Legacies, and having all possible human confirmation! And in a Treatise published since his death, he is yet more express; ;It is fully and solely of the Right of Tythes, and (taking the subject at large) He begins, That God will have a part not only of our Time, but Goods: That Christ released not Levi's part in them: That there is something in nature for That duenesse and proportion: That they are due by the Ecclesiastical Laws of Councils, by the imprinted Laws of Nature, by the written Laws of God, by the received Ordinances of Nations, and lastly, screwing it up to the equal heighth of our proposition to a syllable, That they are due (with us) by the Law of our Land. By what Law? the very Secular, Temporal, All-ruling, All-giving, which settles all men in their possessions and inheritances; and he alleges for it divers of those principles which before (as not borrowing of him) we alleged to this purpose: (whence also we hope We have not been mistaken, because we find his vote consenting and strengthening ours.) As K. Edwards Law, K. Aethelstanes Law, K. Edmond's Law, K. Edgar, Knout, and the Confessor, beside the Conquerors:

as he exclaims: Shall one man's days change all so many! and the fruit of best human wisdom so ripened by time, and grown (as an Oak) by leisurely degrees to greatest Maturity of strength be pulled down by sudden revocation! If the things were lawfully conferred, ( as none can doubt but they were so, lawfully, ) Then let us consider, ( says he ) how fearful a thing it is to pull them from God! to rend them from the Church! to violate the dedications of our Fathers! the Oaths of our Ancestors! the Decrees of so many Parliaments! and finally, to throw ourselves into those horrible curses that the whole Kingdom hath contracted with God ( as Nehemiah and the Jews did, Nehem. 10.) should fall upon them if they transgress herein! Say then that Tythes were not Originally due unto God, &c. ye • are we in the case of Nehemiah and the Jews, Nehem. 10. 32. They made Statutes by themselves to give every year the third part of a shekel for the service of the house of God. And ( so ) our Fathers made Laws among themselves, to give a portion of their Land, and the tenth part of their substance, that is, the Parsonages for the service of the house of God. If they were not due before, they are now due: For, When thou vowest a vow unto the Lord thy God, thou shalt not be slack to pay it, for Jehovah thy God will surely require it of thee, and • o it should be sin unto thee. Therefore see Act. 5. 4. If the King give a gift of his inheritance to his son, his son shall have it: If he give it to his servant, his servant shall have it, ( their times: ) If the King then give a gift to his Father, that is, God Almighty, shall not he have it? or, the servant to his Master and Maker, shall not he enjoy it? Who hath power to take that from God, which was given unto him (if not by virtue of any command from, yet ) according to his word, &c.

Thus far that learned and pious Knight: Which yet I have not transcribed so fully as I meant, because the words of the Laws alleged by him, in the sense we do, and for proof of the same conclusion, were represented in words at length before upon occasion; And yet thus much too was needful to show consent, that we vent not, nor invent of our own, but of the same words make construction to the same purpose, and have the same apprehension of things upon the same grounds he both had and gave: Premises and Conclusion the same from the same; for singularity either of opinion or proof brings always with it some suspicion. We see, he saith & here proveth, that beside Canonical, Natural, Moral, and as it seems unto him, Divine Law, our Civil Laws have added whatever of strength they can give to create a Topical and English Political home-right of Dominion & Power: Jure Soli as they use to speak, as well as Jure Poli, to settle these Dues where they are. The former may have been our Ancestory Principles and Rules which guided them at first in settling as they did, (and with these, many things else,) But now we little need to go so far, (unless ex abundanti, ) for Surplusage of strength; for however it may have been disputable at first of the Natural or Moral right (as of sundry other things, Manours, Honors, Inheritances, &c.) which concerneth also the Indians yet, or other Infidel Nations, in state that ours once was of, To be converted, where, nothing public hath been done or passed for them; Yet as when Ananias and Sapphira had given, the state of things was altered, and their Duty or Danger; So here the Pactional and Civil having made chains of continual and successive binding Ordinances to hold, retain, and keep these things fast and thus, Now the principles may stand by, the inference being justly made, stablished and of force, and without further inquiry, the Stated Made Right must be here enough, or None have with us anything.

This worthy and Worshipful Knight (whose degree gave him not so much title to those honoring Epithets, as his Worth and true Worthiness, as we would call it Worthyship, and who honored his Titles, as much as They Him) was a man singularly Learned, profoundly Judicious, of most tender conscience, and lively, quick zeal and love of his God, and Christ, and that his flock which we call the Church: no way interested, save to his own prejudice, and by his lay condition rendered incapable to reap any fruit of this Harvest, he here so earnestly strives to defend from spoil, nor like to eat a bit of that bread, he here so zealously defends in behalf of the true owners, ( Memoria justi in benedictionibus; ) yet it pleased God to stir up his heart, and he that touched the Prophet Esays lips, with a coal from the Altar, no doubt touched his heart and quickened and directed his mind to indite, and his pen to write and set down many profound and unanswerable arguments for truth against sacrilege, kept secret from those that stand always in the house of the Lord in the Courts of the house of our God, as the Psalmist speaks, the professed and dedicated servants and Votaries of the Temple; and because uninteressed to make him the fitter and more likely to be successful Champion of Justice, Truth, and true Religion, in their outward visible supports, then those whose known interesses would always have taken of and diminished from the worth or effect of their sufficient, or never so well-meant undertakings and performances. Which outward supports let them be stirred when they will, (men may dream and think they prophesy, but) an ordinary Human eye can in reason probably fore-see nothing but very soon & too sure the decay of Religion, the fall of the Church (as to outward frame, order, and support,) and Christian piety itself (I speak in human consideration still) ready to fall • flat down to the ground, or degenerate into Natural. God can sustain it miraculously, & feed his servants waiting on the Ministry thereof now, as he did his people in the Wilderness, or the Prophet Elijah by a Raven, or yet more miraculously without any meat at all; or perhaps in as equally strange and wonderful way, by the men of this world their voluntary Benevolence: But speak according to inferior probabilities as things depend here on their causes, or in human expectation, which is to be our lower rule, and thus, He that considers the Course of this world, the fleight estimation that most have of the best things, the stony-heartedness of men to part with what they Once Have, the necessity of bread for man to live on, and the unlikeliness of enough to come in for this end any other way, Cannot but conclude (the rather, because some Preachers have been reported starved of late, One by very likely information I knew, conformable enough to the times, yea zealous for them,) that there is much cause to Fear, lest the Light fail with the Candlestick, the Ministry fall with the Means holding it up, the Gospel be a silent word when there is no voice of a Preacher, nor will be Preaching much longer then holdeth out this Maintenance. Those Laborers of the Lord's Harvest fixed in their stations are not like to be preserved much longer in Being, Health, Order and Number, then this accustomed food is allowed them which they may Claim as their Own (not being beholding to Others, or Depending, which is always grievous to ingenuous natures,) But as they labor so be sure to live. Plenty and delicacy are not the things stood upon: Religion, though she know how to abound, as well as to want, and how to dispose of superfluity as well any other, yet she cares not or stands not much upon Wine and Cates; Let the Epicures and men of this world hunt after this draugh & sensual contentments whose empty and carnal souls know no other means of contentment or comfort, whose Belly is their God, and Glory their shame, minding the Earth, as the Apostle speaks, and whose care is only to feed, grow fat, and lie down with the Swine, 'tis much to be doubted also to rise with him: But Being and Comfort are those Blessings which even the Children of God desire to be made partakers of in this world with submission to the will of their Heavenly Father, To have to live of their Own, and not be burdensome but rather helpful to others, their reasonable desire, And that they may find the Scripture true, They that sow spiritual, 'tis no great matter if they reap temporal; and Let the Catechumene (He that is taught) commnnicate unto his Catechist, (or Teacher) (which how can it be done better then in the way of the Tenth of all?) 〈 in non-Latin alphabet 〉 , in all things necessary, or as 'tis usually rendered in all his Goods. This is that men In this world though not of this world, will always stand upon while they live here below in this scratching and scambling world for honest as well as necessary ends; O that mine eyes could spy a way, if that which Is, men's greedy parcimony and stubborn persisting in Unjust as well as Covetous desires will have no denial but they will be left at liberty to pull away, How a constant supply should come in (while men have souls,) to support an Army of near ten thousand able Commanders, who should praeside and govern (decently, orderly, and as becometh the Ministers of Christ) over so many dispersed Congregations. The slender endowment of many Vicarages not hitherto at all increased, The wretched allowance of little more then some Shepherds wages usual for Cure of souls, and by the bounty of the Parish seldom or very little augmented, The yet worse way in many other places, where was more liberty of raising a support by voluntary rate and less expectation according to Law or Obligation by it, Do give cause of even Trembling fear to think, when this liberty shall be enlarged to All, and men be bound to pay no more, then what they can be content to allow themselves to be forced to part with, Whether then there will be almost any discharge of Cure at all, or the weekly sacrifice perhaps altogether cease, if the necessary supply of means for the outward bodily labor, should be suffered to come in in that Experienced scant way, which hath hitherto left the highest and best house in the Parish no better furnished with a Levite to serve (or rather to starve souls) then were Jeroboams Priests heretofore, the lowest of the people? O Christian, if thou be, look upon the Impropriations (as styled) in general, Behold there the Image of Pharaohs lean kine in the slender slack allowance usual, a next to Beggarly Exhibition of what would little more then keep a single simple man alive to Read, where Legal indowment had stated no more, A Faulkoners or some good Journey man's entertainment exceeding what was usually allowed by the Rectour who received all the Tenth from the people, And yet worse of my knowledge where the free-will-offering of the people of a Parish hath not for all the Kings Reign, nor doth yet raise above half a good Shepherds wages, about sixescore shillings yearly for the Shepherd of souls; And then, if thou have any Bowels of compassion over souls, keep them from earning if thou Canst, If thou have pity or love to Religion or Christian Men, think hereof and judge accordingly. Experience, the Mistress of Fools may at sometimes perhaps teach wise men more wisdom; Let it at least furnish us with Caution, by what has been to make some estimate what is like to be, What may, or will, or perhaps Must; and to be wary, look back, and Compare where no stated set allowance has been by Dues to be sued for, and then judge. I do not speak absolutely: I am no Prophet or the son of a Prophet, Our foresight of things in their causes is always here but dim and as of Probabilities; The suffering every man to walk in the ways of his own heart, in this matter, and to follow the light of his own eyes, May tend I confess to not the worst prejudice, or by altering but to snuff the light that it may burn clearer and to more content of those shall both maintain and use it; yet no man hath cause to be offended with my jealousy in the things of my God, tenderest care and fear of the worst about his Honor, or that in zeal to the worship of his Name I pour out my soul in devout supplication, God grant it tend not to put the Light clean out! Heavens vouchsafe this great favor to Earth that Covetousness triumph not over Religion, and Having away what is thus Coveted, lead to and end in worse then Popish even Heathenish darkness! For this I know, Heathendome (as the word was when it went off,) was here before Tythes were paid, Never effectually expelled but by them (outwardly, the Grace of God concurring:) The fence and Bulwark they have been that have kept out both it and other Errors God knows how many; If the fence be removed, whether the Beasts of the Common will not break in? if the bank be cut, whether naturally there be not like to be a return of former inundations ridven and kept out thereby? is left to reasonable judgment; we can but guess, God only knows. This by the way: to return.

Our next impartial Council we crave leave to take Master Selden, who seems to offer himself in his printed Declarations: Learned Council indeed, and being Lay, and so altogether uninteressed for benefit ever will be presumed to speak with the more indifferency: and, when truth and the state of things permits, he comes up and fully home, as can be desired. He fluctuates indeed in time as long as any, but settles with the more judgment at last, and ask that chooseth and sifteth his Corn hath lightly better bread then he that takes what comes in his way, or out of the full heap: So he that first examines, and then judges. Crave leave then to ask his opinion, Are Tythes justly civilly due? He hath already declared himself in public in the hearing of all the world. Take but the sixth part of what he has laid down in his History, and it may be abundantly enough. Or but Secure the Jurisdiction, and That, as has been often said, is sufficient, the rest will follow of itself, for which Cast an eye back to what was said before. Will Possession do, or so much time as may create Praescription? for this also he hath said, and there hath been given from him enough, which may not here procure trouble by tedious repetition. Remember what he said was Clear Law, and since Edw. 1. time a Parochial Right Universal. It is not more certain that he wrote, then that in way to his design of, An History of What Had been, he lets fall enough for Now due and the Right that is: which bottom the result of his painful disquisitions often settles upon. These two are the chief, and their testimony given in upon record, more then public which goes forth to All, and being in Books deserves that of the Psalm, Their sound is gone out into all Lands, and their words unto the ends of the world: Perhaps may be read and acknowledged in the Indies. Now after these it may be superfluous to add the other that offer themselves, and in no less public way still, the Press, that usually speaks with a thousand voices at once, and is heard, to any distance, the Echo may remain to all generations; As, W. C. in his Tything Table, printed in the Queens time, and re-printed often since, 'tis in the hands of all men, and rivels out the general Subject into many particulars: Doctor Sir Tho. Ridley, who hath labored not unprofitably in the same argument: Master Hughes of Grays Inn, His Book is called, The Parsons Law: and Judge Dodderidge (or Bracton the second, for so I would compare and parallel their profound solidity) in his, Compleat Parson: More there are others, scarce any One man knows how many, and they all contribute their united and uninteressed vote and sentence hereto, proving sometimes, but mostly supposing a Right, which is more, though the two former I chiefly rely upon. Ask the next man met, and if he know anything, I know he must know this, and will I believe give it in Co-attestation with All, Nor can he approve himself an English man that hath brow, (for brains he hath little or none, knowledge either of Discourse or Experience,) that can upon deliberation deny it.

CHAP. XXXIV.

I T remaineth next, Whether anything hath been Done accordingly? Men have thus interpreted Laws; but their Sayings how many, or confident, or grave soever, though bearded with authority, alter not the Nature of Things, The exhibition whereof in Deed and View is that Real proof men most look upon in the World and more, beyond the strongest Opinion or best interpretation; and What has been then seen the effect or Work of these Word and Book-suppositions? I answer; as much as well can be supposed or imagined; with assurance enough too, even to the disposition and transposition of the tenth part of the wealth and Revenue of the land. For among All sorts of persons that had anything, in All places, There is never a Parish in the Land, or Person of Cense and Possession, but the experience hereof has been given yearly in His estate, and submission to that power, that from one man to another created Right, according to received and obeyed Law: It was but Ask and Have, Seek and obtain, expect the season when the Course of Nature brought forth things in kind, and take the tenth as it arose; None did mutire contra or resist or but obey. The Issue (as before intimated) was but Commonly either the Bounds, or Certainty of the Parish; If these two were well proved (whereof only could be doubt) the rest came in of itself, and the force of these grounds of Law as before, so interpreted as now, carried the Tenth fleece, the Tenth Lamb, the Tenth Lock, Heap, or Sheaf, &c. all upon a Supposition All was right, and this as often as the things grew Due and demanded. Nor needed the Plaintiffe (that his quality, though he might go under another name) to cast out for any Law, a Combination of Which, and the whole of a sort, united and deeply founded was always in his behalf supposed: This was put into his Libell, tam de Jure communi & Ecclesiastico, quàm de antiqua, laudabili, legitime{que} praescripta consuet udine, jus percipiendi, recipiendi, & habendi omnes & singulas decimas tam majores, quàm minores mixtas & minutas infra Parochiam de N. provenientes, crescentes, renovantes, & contingentes, ad Rectorem Rectoriae de N. spectat & pertinet, &c. and this a set way as in the secular form of pleading upon Briefs, which were always the same, like the laws of the Medes and Persians, without alteration; Nor may we well suppose any error to have crept in, or been admitted or retained Here, in that plea, which was a ventilation or exact discussion of the tenth part of the profits of the Kingdom. There is much both law and Constancy in those set forms, 'tis very hard to suggest or foist in any error to those known inviolable pieces; to raise or alter a Writ, requires and has had the legislative power of the Kingdom: Of the like certainty, use, evidence and inviolable firm constancy and immutability was (no doubt) the way of transacting things here: If we light upon truth anywhere, we may hope for it in those lines which have been so often handled and reviewed, and which have themselves handled and disposed of so much of every man's estate, as in the whole amounts to that part which is the tenth of everything. Some of many would have found the fault, if there had been any, nor could the iniquity have remained unespyed, in that most men had their eye upon, and suffered by whereas none did Here, Therefore it is very likely to have been good and Right which All as Such have looked upon, and None been able to espy therein Error or falsity.

Thus to the Cause have we subjoined the Effect: To the Law before, interpreted now, the use and fruit in disposition of men's estates, Their wealth that dearly beloved of their souls with much patience being suffered to be transposed and change masters by its power, And sentences were to this purpose as usual as trials. According whereto followed no doubt execution; who knows anything knows this by daily everywhere experience, and as before we might not suppose forms of practiced law erroneous and deceitful, So here, that they should, being such, have found so ready and universal obedience, or that a wrongful sentence should have intruded to take place, especially since to general prejudice; Draining men's purses of much of everything, and they (the whole world) so fast asleep, that no suspicion was stirred up of the legerdemain; Nor so much as any outcry heard of so spreading and universal wrongful encroachment. Surely no: There was no such thing; but a Just sentence upon due proceeding: Both cause and effect, Rule and Order, Law and execution were according to Right: and as in any other the Kings Courts, these temporal-spiritual things were orderly and legally disposed of and settled Here, by that law, which ordereth, disposeth, settleth, and even Giveth all things.

Upon all which would follow also one thing more, That if all these things be Thus, Not Colours but of substanceand reality, If such law have so passed and ought to be obeyed, and has, And to part with be now by virtue thereof Not to Give but Pay, Debitum Justitiae, and of Right Ought (to the service of God) not Debitum Charitatis, a bequest of love and good Will: Hereby is way made, not only of bringing home these Dues safe and sure to their Right owners the Just Claimers; but also of bringing home further all those forceable exhortations to the payment of them in Gospel-days▪ to God's service, even under those Strong reasons which were heretofore used by the Prophets and wise good men under the Temple & Law; And with us may be said, Give and Pay these due Debenturs to the Christian service as well and upon the same grounds as they heretofore used, & by which they were then urged to be paid. For they required them but as Due, Due to God, ( sc. for his service) Due by their Law, Sacred in their Polity, and which Immediately came from God: Now although we do not so plead them as strictly (here) due by any divine Law among us given on the Mount, or written with the finger of God's hand, yet they are by that Law: and Sacred too, and apportioning them to God, that is his service too, which, as before giving them, is ratified and confirmed (as all Just powers and Laws are) by him that dwelleth on the Mount, who approves and sets to his seal to be Just and Good, whatsoever Orders, Ordinances, Laws or devices his people (as so many additionary, explicatory, or By-laws for the good, peace and order of the place where they live, not crossing the Common) shall make for establishing and perpetuating his honor by means of their own created Justice, and so a kind of Divine, and certain, though Mediate and consequential way of confirmation they have from the powers above still; At least ground enough to say in the sense of heretofore, Give the Lord his Due with a good eye, and Consecrate thy tithes with gladness; Give (yea Pay) unto the most High according as he hath enriched thee, and as thou hast gotten give with a good eye; that Law which is in a sense his Sacred law hath commanded it: For, All the tythe of the Land, of the seed of the land, or the fruit of the tree is the LORD'S (Now) Holy to the LORD: And, concerning the tythe of the Heard or of the flock, whatsoever passeth under the Rod, it is now holy to the Lord likewise: Therefore thou shalt truly tythe all the increase of thy seed, that the field bringeth forth year by year, and Bring All into the storehouse, and try whether the Windows of heaven shall not be opened for recompense. My Tythe into my Storehouse: for Behold they are given, (If not I have given, I have ratified their gifts who have given them) to the Levites of the New-Testament, for the services they serve in this tabernacle of the Christian Congregation. Moses said, Exod. 22. Decimas & primitias non tardabis offerre Domino, as in the Old Latin: And King Alfred says, Thine Tything-scot, &c. give thou to God, in his translation and imposition of that law upon us, (which our just government, and by consequent Our God approveth:) K. Ethelbert said, K. Offa said, K. Ethelwlph, K. Edmund, K. Edward said so (both the elder and younger on this and that side the Norman turn) beside other, and it hath been digested, received, approved obeyed & practiced by in our Sacred Common-law, if I may so speak, that they Must and ought: And so We as They require Them, in the words of Scripture, the same words as They, and to the same general end, upon the same ground of a kind of English Sacred-Law. Pardon that Epithet, and admit a Justification: As such I look upon and May call all those which being Civil and Common as Sanctions even with us have a touch as it were and Derivation from God, and so All Sanctity or Sacredness cannot simply be abstracted from them. As the Wise, and in his memory so much reverenced Chancellor Fortescue averred and justified to our young Edw. 4. King Henry the sixth his Son in his banishment, making every Lawyer a kind of Priest, and so far forth officiating in his Cure, as he duly and reverendly gives forth the things of this Sacred Justice and Law. It has place where he is counseling him not to regard Military exercises alone, but to enrich his mind with noblest endowments of knowledge and piety, setting for his pattern, The Prince of Israel, who was counseled to keep always a copy of the Holy law by him, and to read therein all the days of his life, that he might learn to fear JEHOVAH his God, &c. Yea, answereth the Prince, This well concerned Him, for those Laws had to him another tincture of Divine authority which to us is wiped of, having none of that high qualification. No, not so neither (replied he) as to sanctity we are not without All law unabrogated: for all human laws are to those, whose they are, Sacred from the definition. For what is a law it self, but Sanctio Sancta jubens honesta, prohibens contraria: (which he might borrow from the Civilian) A sacred sanction, bidding what Good is, forbidding the Contrary? and that must needs have sanctity in its nature, into whose definition it is wrought and embroidered: And therefore the Art of administering those laws makes us Priests: for what is a Priest but he that ministers in Sacred matters, teaching holy things? We do so, we give out sacred Justice, Therefore we are Priests. And all Laws are from God, though published by Man: For whereas the Apostle saith, All Power is from God; The Powers that are, are ordained by Him, Law made by such derived Authority, derives farther, and impresses the stamp of Authority from the first Cause through All, for as much as, Whatsoever is the Cause of a Cause, is also a Cause of the thing Caused. Whence Josaphat to his Judges, Ye do God's work, Ye judge not for Man, but for the Lord. So that Every Law is then Holy, Every Statesman may look upon himself as a kind of Priest, every Magistrate a kind of Minister of Holy things, (Their Study gives them such, though their Trade may be unrighteousness) and no word can better fit a dying Patriot then these of Eleazar, 2 Mac. 6. 〈 in non-Latin alphabet 〉 , to be ready to die for the sacred and venerable Laws of his Country.

Thus then All Laws are Sacred, as derived from God, and backed with his authority, though made by man, and so Ours, and so that which is of this fort in particular: which occasions fit and full application of those Texts of Scripture in the just import of the words and their full vigor of sense to have Tythes brought in, as thus Scripture now requires (these Acts of State and Right supposed, which also are) and they sin against that Sacred Law, yea a double sacred Law, Mans and God's, (in Mans or above Mans, having Mans under it,) who do not Pay. Some question hath been hitherto of the Jus divinum, whether now Any such be of force to bring in this Revenue of the Temple among us? and there be that affirm as well as that deny, as they find light or darkness in the Letter of the Scripture (which, immediately, they rely on) in their apprehensions: But this strife may now be well stinted, unless for double strength among us, for as much as in a certain clear, but mediate and consequent way (the Act of Man having given, and the Authority of God above confirming what is done below) that divine print reaches through no doubt in the way hath been shown, and cannot but stamp somewhat of heavenly and the Supreme Power upon the Acts that have passed of Men, and so for the Commandments sake, yea for that is by derivation, approbation and undoubted confirmation the Divine Commandments sake, they are now Due and must not but be paid, as in Israel. Rebus sic stantibus, or as things have passed and now are and remain, they are (I say) unquestionably Thus due by Divine Right. For the Magistrate is God's Minister, Every just Law His Ordinance, Vox Legis, Vox Dei, and every syllable and sound thereof quickened with an additional spirit of divine infusion, (according to our Scriptures, and as we have from Rom. 13. 1 Pet. 2. and other places.) And since then here the Magistrate and the Law have proclaimed for them, whither they be due as in Moses to Israel, by the Text of Leviticus, or by virtue of any Gospel, or the Epistle to the Hebrews, seems not so much material, at least not necessarily considerable, for as much as though this were considerable at first, yet now they are Here fast enough by what the Magistrate has done for them by his Vicarious power and substitute authority. The Powers that are are still ordained of God, as was also said before; He sticks not to set to his Seal to what has been orderly past in lower Courts, approving and commanding what they prudently and justly do, and it ought not, for Gos sake, but be obeyed: so that whether the general take hold or no, or universal, that Where ever the Gospel is preached this shall be part of its obedience, and the Labourer is worthy of this hire, by divine Right; We have here a sure word of Righteousness, enough whereunto we may do well to take heed, as unto a light shining in a dark place, and if Not the General Divine Law, Decima ut Dives fias, or, Non tardabis offerre Deo Decimas, yet the other General is topical, and directly binding in our Meridian and Clime, sc. that we must Do justice, That we must Render to everyone his Due for the Lord's sake: Whatsoever is just as well as whatsoever is Pure, To Caesar the things that are His, and to God the things that are God's: And Thus The Law of God, (This Law) is thus brought about as quickening and so confirming Mans, and the duty hereby to Us moral, even to every English Christian, because This is sure such and most undoubtedly, That which is just and right, That O Christian shalt Thou do. So the thing be brought about, no great matter which way; As if the Arrow hit the Mark little inquiry how it came thither; Now Divine Authority backing (of which there is enough,) and seconding human Ordinances, The rest is easy, and unless for double strength (as said) we have not so much need to inquire for a Divine Letter, because we arrive at the same point safe and sure in the other way of Human: for if Man have settled, and God commanded to be paid, He have given, and the Magistrate, who is God's Vicar, allow and enjoin payment; Now even for Conscience sake that may not be omitted, And whether the Scripture or Nature say anything in the Case particularly home, They say enough in establishing human Ordinances, (which will bring God along with them,) and Man for God must not but pay what Man has settled for God's Commandment sake. So in this (new) way here is Jus Divinum, or Divine Right still Mediate and Consequential, but sure and certain, which perhaps may not be in Virginia or New-England, where the Gospel may be yet in full vigor, or in Madagascar, or Japan, if the same holy Rule should there find obedience; The Climate alters, and some particular things done Here, which (I think,) There have not, and thence indeed This difference and Our preferment: And suppose they, (that is either those remote strangers, or our Brethren at home that Rely on Divine Right in scriptis or the very Letter of the Law,) should lose all with that Letter of Scripture, and their proofs falling short from Text or Reason, they therewith fall short of all proof, yet in this Our way we keep enough in derivation of Consequence, and by Preadvantage of a Civil Title granted and settled, we gain also another of another sort, Divine but Mediate, accumulate and lasting, even when the immediate and literal is (in reality or supposition) taken away

In short, we need not doubt of a Divine Right, Here, with Us, while there is a human Ordinance prevailing, and a Divine inspired Apostle speaking from God, we must Obey every Ordinance of Man for the Lord's sake: The first of which has had attempt of plentiful proof, submitted to judgment, and of the last no Christian admitteth doubt. Yet speak I not any of this last to evacuate or infirm that or their opinion who go another way to stablish the opinion of Divine Right by their fair and solid Arguments from the Text, as if I would withdraw men's minds from the love and estimation of their Gold, pretending here is Silver, and then if this fail after a while they are wiped of both, and have to trust to Neither: No, these are several, and this Another, but not a contrary or cross Way pointed to, they do not justle but are very well and fairly consistent and composeable one with the other, and this prop of Wood may help, if that pillar of Brass fail (or be misplaced,) This string may hold, if that chance to break, or perverse men will not be held by it; And in this additional or supplemental way it may be acceptable also to those who are more strict for the divine Right immediate, which, be it what it will I keep promise of within the Circle of mine own Sphere, Be that, or be it not, This I believe is, and this advantage enough hereby if we have it. To conclude, let the things be considered as before alleged from the parts of the Law dispersed, Council interpreting, and (which is most material to Exposition,) the practice and Seen Force of the Law thereby, and we cannot from them I think, but conclude, 1. A certainty of Civil Right, and by that bottom of rooted Law, that gives all things. 2. A probability of Divine Right, mediate and consequential. At least the first, and with much assurance, Id quod erat demonstrandum.

CHAP. XXXIII.

I T remains for inference and application to the just conscience, that every sober and well-meaning Honest man quietly and orderly compose himself then to his duty in obedience, and if this burden be duly and fitly laid on, & on Him, to take it up and go away with it as contented, not wrangling or quarrelling to his due shame & abominable sin, as well as manifest injustice & dangerously seditious disturbance, But be satified with his own, & give out to others with willingness what is theirs, He acknowledges and must acknowledge, and not His. My Lot may be of the Receiving part; If it be, I may justly expect mine own, & require it, & demand it, and unless my Christian persuasion be against going to Law for anything (which has color from 1 Cor. 6. 1, 6, 7.) if it be denied, as for any other Right, sue for it. Or if my lot be on the paying part here I have both leave and duty, not to murmur or complain, shift or evade, but meekly, gently, and Christianlike do what belongs to me, reckoning myself no Honest man, unless I have thus much Honesty to be Content to give every man his Due, yea not as the Ox or the Slave, merely for fear of the whip, but from forwardness and readiness, quickened by the inspiration of my Religion, whatsoever I do (as unto the Lord or unto Men) doing it Heartily and willingly, as knowing I am bound to keep my rank ( 〈 in non-Latin alphabet 〉 ) not only for wrath but for Conscience sake. For God loveth a cheerful Giver, and a cheerful Doer, and it is the great commendation of Christian Religion that it makes or leaves none slow or indifferent in any good Duty, but adds wings to the weary or heavy doubting soul, more readily, effectually, and cheerfully to do everything ought to be done for the Lord's sake? 'It is said there are some whose Consciences will not give them leave to issue forth these Dues, according to legal Obligation and and all just expectation, even as just as any is in the world; But I ask almost in the same words, whether their Consciences will give them leave to pay their Dues? A Just Assesment? Stated Rights? A Quit Rent, a Fine, a Releif, or any Just Imposition? Set aside Leviticus, Malachi, the Epistle to the Hebrews, yea the whole Bible: This Rent-charge as it were, is so due by Civil Justice; will they now be Honest Men? If they answer but Roundly and home to this, I have as much as I desire. Will their Consciences give them leave to pay their Debts? what is doomed such? If this be not a Debt to the due Receiver, a yearly profit issuing out of their Lands to another's use by Law, Nothing is due here in England, and for this is the strength of the whole Treatise going before. Thou sayest, I cannot prove Tythes due by the Law of God; I went not about it, but if I can by the Law of Man, this is enough for thee: thou repliest, Leviticus is abrogated, the Hebrews dark, Abraham's and Jacob's but examples; But wilt thou pay a Custom, or Toll, or Tribute, or legal Taxation? Is a Rent-charge due, or Relief, or Quit-Rent? By what Obligation soever thou shalt confess There, by the same and of equal strength I will make good my Plea here; Where art thou now? Wilt thou pay both or none? What but English Sacred Law gives the one? and the same gives the other: Pay or deny, both or neither, the equity is of equal measure, strength, and evidence for both together: O Christian, let not the World deceive thee: Let not the God of this World blind thine eyes: If thy Covetousness hinder not, thy Conscience may well serve thee to pay thy Dues, yea, would Constrain thee, that is more then Permit, for true Religion does more then Give leave, Command, and Injoyn men to be Just and Righteous.

Nor let any one say, These are Trifles, far below the height of Heaven: May not a man keep a good Christians Conscience to God without troubling himself with these Levitical Ceremonies? Hearken man, This is a part of our Moral Righteousness, as things are Now with Us a part of Necessary Justice; A man can be with Us No more Unrighteous or Unhonest then he can here make light of this part of his legal Duty. Nor let him say, I have given my name to Heaven, I have weightier things in consideration, Must I interrupt or pull down my higher thoughts from devotion faith and Spirituals to these, which when a Pharisee boasted exact obedience of, he remained but a Pharisee? O Good Man value things as they are; Thou wilt not neglect Earth I hope in order to Heaven, or suffer thy Religion to leave thee Not Honest or Unjust; Must thou not deal Truly in these lower things before thou art fit to be trusted in higher? Or is Moral Justice an Heathen virtue, mere stranger to the power of Godliness, and Not regarded at all by the God of the Christians? Does not thine own Savior say, (Believe not me, but believe Him, and believe me but as I do with fidelity and trust dispense the the Truths of, for, and from Him,) that He that is faithful in the least is faithful also in much; He that is unjust in the least is unjust also in much; If therefore ye have not been faithful in the Unrighteous Mammon, who will commit to your Trust the True Riches? Nor let any further excuse with the pretence of the Nature of Things, He hath weaned himself from these lower to better: Faith, hope, praise and prayer, &c. do so take him up that meaner things have less regard justly, He is for the Heighth of Holiness. And I will believe him as soon, as that, He hath climbed the Pinnacles of Solomon's Temple, who is scarce got up the steps of Solomon's Porch, That he that is Unjust can be Holy, or that Good man fitted to be a Citizen of the new Jerusalem, a Free-man of the Kingdom of Heaven, Who wants necessary qualifications to live in an honest, well-governed Commonwealth on Earth. Shall Heaven be furnished out with Dishonest men? or the legal Members of that City be Defrauders and Deceivers? Does not the Apostle say, (What can be plainer? Be not deceived, (Some are apt to think so,) That the Unjust, Idolaters, thievesor covetous shall ever Inherit the Kingdom of God. And such were some of you, But ye are now washed, (or else had no hopes there) but ye are cleansed, but ye are purified, but ye are justified. Without are Dogs and evil Doers. Thou art apt to condemn a Thief or a Robber, the cry of the whole Country is against Him, What! He that grows Rich by spoil, takes another Mans Goods! I confess, his crime is something more, but that a part, and his whole sin, and wilt thou take the cross to that of the Apostle, Blessed is He that condemneth not himself in the thing that he alloweth; Thou that Judgest another, Doest Thou the same thing? We are bid to make us friends with the Mammon of Unrighteousness that when need is, we may find Everlasting succor: Sure this by Just dealing at least, I believe more by unjust or unnecessary Giving. Is not Unrighteousness sin among Christians? or True dealing, to Give every One his own, only a superfluous part of Goodness? Welfare then Ahab and Judas. That Oppressor had too severe a censure in Nathan's Parable for taking away the poor man's Lamb, and the Thief upon the Cross committed a work of supererogation in repenting his theft in the way to his Paradise. Saint Paul needed not have cared for Onesimus debt, nor the sons of Jacob excuse the stealing of the Plate, (if it had been so:) Zacchaeus stood forth, and out of superstitious piety Gave to the poor, and if I have wronged any, I restore him four-fold. Ono. These vile things of the Earth have Heaven at one end, We may make us bags that wax not old, or lay up treasure in Hel with them as we use or abuse them; Christ will pronounce sentence upon Those Dispensations at the last day, and if we shall be punished for not being merciful, what farther if we be unjust and injurious! Is the Word our Rule! Brother Christian, Believest thou the Scriptures? If thou do, stand fast to thy ground, Hold fast the form of sound words as they were delivered and thou didst receive them, Make good thy faith also in thy works seen before men, & let thy life be a justification of thy belief, a counterpart or exemplification of Thy book of Religion. Be assured of this, there is not held forth any where in the world a better picture of An honest Just man then in those sacred leaves is described and painted out to the life, Which every believer is bound to be by his Religion; Obedience or Exhibition of himself Such must render him (the Child of God) such a Just Dealer therewith, And thy necessary conformity to that Law shall make thee A Pattern to all the world for Heathen Honesty. This is a part of that 〈 in non-Latin alphabet 〉 or Transformation in difference from that Conformity to the unjustsinful world before, Rom. 12. 2. Dress thyself by this glass, and thou wilt not count thyself ready without this habit, Adorn thyself by these directions, and thou must put on this Moral qualification, ('It is a part of the putting on the Lord Jesus Christ, Rom. 13. ult. ) nay, shine bright in it, abounding in this work of the Lord, or thou art no warrantable Christian.

Shall this be now disputed or doubted? Shall I stain the reputation of Christian Doctrine by this that it has not as clear as day, that every Proselyte thereof must give every man his due? or, it may leave me as wild and conscience less as a Thieving Tartar or wild Arabian that takes what he can get, and parts not with what he can keep? I may not sit down with, Being just only, for the power of my faith brings about and should bring in all parts of Civil Justice by a Stronger Spring then is to be found again in the world, I must do Right for Conscience sake, I must do No Wrong for fear of Heaven seeing me, ( how should I do this Evil, and sin against God? as Joseph; ) I must not take or withhold, or retain, or not give out what belongs to another sub poeua • ignis gehennae under the most intolerable penalty of assured and believed Hel fire, Come home yet more near, we pretend to our age of Light: Have we heard so many Sermons, waited upon God so long in his Ordinances, Sanctified every return of his holy Sabbath, Wrestled with him as Jacob in daily long Prayers, set aside so many whole special days for Fasting and Humiliation to seek the Lord while he may be found, and call upon him while he is not utterly gone to the Indians, Tartars, or other Nations, that yet know not God, and shall we arrive at the last with all this pains at this point of persection, that we are now come to doubt whether we may do right or wrong! whether we may equal the injustice of Entring the field of the fatherless, whose revenger is Mighty! whether we may not invade, covet, take, hold, or withhold, what has been shown to belong in Right to another! If it Do, we will yet have it, and hold it, and not part with it, though (if we believe our Bible,) we know we shall be burned in the soul for it, with a coal of Ignis fortis, or rather of Ignis inextinguibilis, that fire of Hell will never be quenched! Do we continue to boast of light from Heaven, the Sun shining clear in the Firmament by the allowed use of Scripture, and the bright beams thereof dispersing and darting their full power daily from the Pulpit such a long day as has outlasted the years of many generations, with so many repeated impressions and dispersions of Numberless Numbers of English Bibles, that it hath been an amazement to some that live near the well-head whence those waters of the Sanctuary flow, and others conjecture the Enemy buys them up to burn them in private, since in public and for Heretical yet he cannot, And shall the English fruit of all this promising seed time be, our doubts come out seriously in any of the scandalous ways before, or our carnal hearts have admitted no operation to obedience in such clear and undoubted evident matters, But alas, some part of our Neighbors Due inclosure we would take in and hedge to our own, though we make bold with the hedge of God's Law for it, His corruptible wealth we cover, His silver or gold we take or withhold, (or what has equal right) His Mammon of unrighteousness, as we account, we tantùm non sacrilegiously seize upon for ourselves, and to prevent his idolatry, we put it into a private place, as it were, that we Our selves may worship it! We love it, we desire it, we keep it, we cherish it, we will not part with it, though God himself become intercessor for Justice, and stand as it were at the Magistrates elbow, backing his command with a higher accessory Authority, Nec vox hominem sonat, there is somewhat more then merely human in that loud and public voice of The allowed Law, at least Aliquid Divini, which God uses to impart to that substitution of himself and Vicarious power, which whose resisteth, resisteth the Ordinance of God, and they that do so resist, must look to receive to themselves damnation. What shall we say to this, if the enemy should lay this to our Charge? (as be we sure God will be our enemy, and put it home severely unless we repent and amend.) Is this a part of our Gospel-righteousness! a fruit of our holy Religion! that will consist with our Justification by Faith, and shall we furnish him with arguments or sophisms enough against that opinion or the consequents thereof by Such a Life! While we have the Light, do we thus walk in the Light? giving him occasion to say, These are the works we see they do, ( By their fruits shall ye know them, ) We know it of them, for we see it: This is the Harvest has been long a growing, and the fruit they reap among themselves of their many years use in freedom of their English Bible. Now the Lord rebuke thee Satan, that thus sittest between the lips of seduced benighted men, to blaspheme the ways of the living God, or the courses or things they do not or will not understand, not distinguishing between Heavens blessing and Mans abuse, the fruit of God's Ordinance and Mans Corruption; and the same God give his servants grace to carry themselves so inoffensively in word and deed, that no merit of their misdemeanor may hereafter give occasion of such reproach, but behaving themselves in all things as the servants of God, and having a good conscience, whereas men speak evil of them, as of evil doers, They may be ashamed that falsely accuse their good conversation in Christ; having also honest conversation among the Nations of the world, that they may by good works they see Done, glorify God in the day of visitation. This sure, the English Bible is a rule good enough of all righteousness, profitable for doctrine, reproof, correction, instruction, that the Man of God may be perfect; the light thereof shines from above and guides thereto, and the end of its obedience undoubtedly everlasting life. Which blessed Book since so lighted on again, let us a little sit still to turn the leaves thereof only, it may fit our close to end with God, perhaps we may there meet with some Angel of His in the way, with his sword ready drawn in his hand to stop our Career in stubbornest resolution to go on in the ways of our own heart; I will suppose clear what proved that the Ministry has right, (as things stand) right, and their spoliation is wrong; and then O brother Christian, Go along with me, and see what thou wilt say to thine own believed, received, inspired, and that thyself takest for Gospel ( God's-spel,) thy revererenced Divine Oracles.

And first, doth not that Heavenly Law forbid generally All Iniquity, Oppression, Theft, Fraud, Injury, Robbery, Surreption, Extortion; and that No man go beyond and defraud his brother in any (worldly) thing, for God is of all such things the Revenger most severe, as is everywhere said and testified! Does not one of the Ten Commandments (which children learn in their Catechisms) appoint, Thou shalt not take what is another's, Thou shalt not steal. And mayest thou then pervert, suppress, withhold, detain, and keep to thy benefit what belongs to another, and tends to his impoverishment as well as stealing, perhaps to his starving, certainly to the Wronging both of himself and family? Is this no sin in thy Christian judgment? —Doth not another of the same Laws say, Thou shalt not Covet • What? thy Neighbors House, Wife, Servant, Ox, Ass; and that All? Is it not as well his Sheaf, Lamb, Fliece, Apple, or Egg? for the reason is the same of both: Or, doest thou think God will be so pinned up in his holy and just intentions against All wrong to some straitening interpretations of thine, as may leave Thee loop-holes open, evasions or shelter for in anything thy wretched Covetousness? Be not Deceived, God is not mocked; To covet is the sin, not This or That, 'It is the injurious intent not greatness or kind of the object of that injury is forbidden; And to make all sure, the close winds up all in the largest and most comprehensive Universality, Not this, nor that, but, Nor Any thing that is thy Neighbors. Look upon them again: These are two of Moses Commandments, of God's Laws, ('tis much in so small an Enchiridion or Summary of duty, the same should find a double place by prohibition and repetition) engraven on Tables of Stone, but a transcript from the bosom at first (a true Ectypon of that Original,) of which our Redeemer and Law-giver, says, Heaven and Earth may pass but these shall not, and which thou art with equal strictness bound to keep, as that, Thou shalt not lie, Thou shalt not blaspheme, Thou shalt not murder, Thou shalt not commit adultery. Wilt thou not These? Darest thou Those? Mayest thou not murder! Wouldest thou Covet? Wilt thou not Ly, and yet Stealest? Or, Thou that abhorrest Idols, committest Thou Sacrilege? Thou that boastest of the Law, through breaking the Law dishonorest thou God, as well as disgracest thyself, as it is written, The Name of God is blasphemed among the Gentiles thus. As if any of them shall see us breaking our own Law, transgress our God's Commandments, trample upon his Precepts, and make no care of the revelations of his Holy Will, not half so much as of an Ordinance of Parliament, Will they not blaspheme, traduce, rail, revile, nay, maledicere, Even Curse and profane our God, that has such untowardly disobedient servants! Will they think him a God! or think we Think him Such, if we thus misbehave ourselves toward him! Doth not Saint James say, He that breaketh the Law in One point is guilty of All? and upon this account, because He that saith, Do not commit adultery, saith also, Do not Kill, (or Steal, or Covet,) (the image of Authority defaced is the same) and doest Thou break Two and hopest to be innocent? Never justify thyself that thou swearest not, if thou liest: Or, thou speakest truth in Civil matters, if thou blaspheme: Or, thou dost not kill, if thou steal or covet. He that defaces the image of that authority shining from God upon All the Law that procures its Reverence, it is not far from his accounting any part a Common word, forasmuch as the same boldness that hath removed respect from any part, will by like occasion or temptation take off what is no better fastened nor can be anywhere: He that dares venture on the Chalice, needs not or will not scruple at taking the Carpet, or Bible, or Pulpit-cloth. 'It is not a broken collection, but a full and even Decalogue, All are equally God's Commands, and backed with his authority engraven and shining in the face of everyone, As was said, Heaven and Earth may pass away, but none of these shall pass. It is God thou must answer not Man for neglect and transgression here, Whose Law thou hast broken, Not but more then Whom in Temporals thou hast injured and Wronged. In the day when God shall judge the world by Jesus Christ, remember then thou hast been told Both, both that He that breaketh the Law in one point, is guilty of All, and He who wrongs Here, breaks it in two, in Coveting and Taking.

Heed next what Thy Savior saith, and this is at least Gospel-Law; Except your righteousness shall exceed (saith He) (Yours, Ours, Anies, that is his Disciple) the righteousness of the Scribes and Pharisees, ye shall not enter into my Kingdom of Heaven: Now what was Their Righteousness? They paid dues Duely: Questionless they did so, else they had not been Themselves, that is, Righteous. And for this Particular, by the Providence of God it is so come to pass, that we have repeated double assurance, and from Christ's own words again, what was their Righteousness This Way. First, in his Personating a Proud Boaster amongst them, that He paid Tythes of all he possessed. Which if He had not, the supposition had been an untruth, the Man made to speak nothing to the purpose, Nor had he been brought in truly Commending, but indeed Belying himself, That he should have done that he did not. Next in that Comparative exprobration, where we have that Exactnesse that they Paid All to the least, They left none out to very Mixt Annis and Cumin, which our Savior says, They Ought ( So it was their Righteousness ) to have done, and yet not have left Justice and Mercy undone. So that no doubt can be but they Paid, they paid duly, they paid of All, and this was Their Righteousness; and yet Christ to His Disciples, unless yours shall both Equall and Exceed Theirs and This, ye must not look to come within my Kingdom. Nor let any one observe here Duty on their part, They were bound: True they were so, but are we altogether Free? Have we not a Rule of Righteousness, in some sort as strictly binding as Theirs, to make obedience duty, not performance Supererogation? and we as well as they are required not to give but pay? What else are those Laws before alleged many, and yet of force? Are they not All so many rules of Doing, or directing right forward in what way we must go, or we go amiss; and so by consequent our Conformity to them, our being Ruled by them must bring home the imputation to us of Going right forward or amiss, in the way of Righteousness or Unrighteousness, that We may be Just or Unjust as they?

We have no Levitical Law perhaps indeed, no Jus Divinum, (at least not within my circle or which I insist on, though I forsake it not, much less disclaim or oppose it:) But we have yet without that enough of our own, and to bind fast enough, a Rule, a Law, Sacred, in force, and binding, as hath been shown, and whereto we ought to take heed as that which in some regard was parallel with Saint Peters sure word of Prophesy, and is our light and rule to guide us through the darkness and uncertainty of this world: the transgression whereof is also penal and with us • infull too (for every disorderly liver is likewise a Sinner to God,) and it Must have the imputation of Righteousness or Unrighteousness, as We neglect or observe Here this Sacred, National, English Rule of our Doings. Nought else is the ground of Property, of Any property, that renders theft possible, or Wrong the Relative to Right; This is the boundary of Fields and Vineyards, cuts out to All their Lordships and Inheritances; and to obey or disobey, break or keep This, makes us as Culpable or Just, Righteous or Unrighteous, as by observing or transgressing his Judicial Law the Hebrew could have been in Israel. No question but we have Law the Rule of Righteousness, as binding to us as the Hebrews in their Politie; we may be as Righteous as they, and yet if we be not more, we fall short of our High hopes; for verily (says Christ) unless your Righteousness (that are my Disciples) shall exceed that (parallel) of the Pharisees, ye shall never enter the Kingdom of God.

Or, likest thou better another Rule of thy Savior? It hath in it as much of wisdom and equity for civil Commerce as I believe is to be found in so many words in the world again. Old Tobit had given it in the Negative before, Do to no other what thyself hatest. But Christ changed it to the Affirmative, Therefore All things, whatsoever ye would that Men should do unto you, even so do ye unto them, for this is both (Text and Exposition,) Law and Prophets. A most indifferent Rule, equal restriction, which nature suggests, Reason approves, Religion enforces, and All Nations, Perswasions and Men, will I believe say Amen to the Equity of: Thine own Savior has enrolled it into the Sacred Tables of his Law too, the sum of his Moral Pandects, a short but full Declaration of needful Duty, and doest thou resolve to obey, or refuse? If to obey, Ask thyself, Whether Thou wouldst be content another should thrust thee out of thy Rightfull Right? If thou hadst a livelihood to direct and minister in God's service, or but to serve thyself eating and drinking, Wouldst Thou embrace it as acceptable good dealing (any otherwise, then as thou wouldst submit to persecution) to be turned out into the Highways, and Hedges, to get what thou couldst find in the Forest, embracing the Hills for a shelter, and the Rocks for a covering? If thou wert in present by due and honest forms of Law inducted and possessed A. B. Rector Ecclesiae Parochialis de C. and so tam de Jure Communi & Ecclesiastico, quam de antiqua, laudabili, legitimeque praescripta consuetudine jus percipiendi, recipiendi, & habendi omnes & singulas Decimas tàm majores quàm minores mixtas & minutas infra Parochiam de C. provenientes, crescentes, renovantes, & contingentes, did of right belong unto thee, (as was before in the Libel, and if proved carried the Tenth,) Wouldst thou, discharging thy duty, and carrying thyself according to Law for what thou receivest by Law, be willing thy Neighbor should deprive thee of That Own? and having right to receive the Tenth by the same title He retains his Nine, and would count him a Thief should take any away, Think well of it that the great Fish should eat up the little one to make his panch swell, the Nine should devour thy Tenth, and thou be turned out of the Sweet and Safe of thy Property to a good allowance, thou hast no reason to doubt or fear, thy good Neighbors will afford (for the laborer is worthy of his hire ) in Charity and Equity? Some Overseers Careful care shall see thy bowels fed, thy nakedness covered, thy needs supplied, thy poverty relieved, thy whole family sustained? Put thyself in case of his person Now under doubt of being brought to this state by thee, Deal impartially between God and thy soul, satisfy thine own thoughts in the proposition and resolution, and if Thou couldst accept, perhaps thy Brother May: If Thou Wouldst be so done to, thou mayst the rather expect it of Him: Petimusque damusque vicissim, What thou couldst be content to undergo, thou mayst with more reason impose to have suffered. But if Thou abhorrest the inconveniencies foreseen in this way, Thy Nature (regenerate or unregenerate, sanctified or profane) hate the lowness or vileness if not baseness that must be consequent upon such an injury (when thou shouldst not have left what thou couldst call Thine Own,) Thou wouldst not by choice part with thy Right anymore then suffer an Extortioner to deprive thee of that thou hast, or the stranger to spoil thy labor; Nay, Thou wouldst defend thyself as against a foraigner, a Spaniard, an Indian, or a Thief; Then think what thou wouldst put upon another, State thine own Case in another's person, as Nathan taught David to see his Sin in the supposition of his poor Neighbor, Invade not thy brother, Put not Him besides his Right, Enter not His Possession, Disturb not His property: Allow Him the Comfort and Assurance of his His Own, which thou wouldst rather spend to the utmost farthing, if not Dy, rather then suffer thyself to be put out of, to stand to the Courtesie of Supplied with any Charitable allowance. Good Christian, Do as thou wouldst be done unto, walk by thy Rule, Live as thou Believest, or shelter not thyself under Profession with those of Whom thou art not Thou hast no reason to further or put upon one, what should not upon another, to force on his acceptance what another would decline, or upon thy ne • ghbour what mainly Thou declinest Thy Self: Thou mayest think I have the same affections, desires, needs, necessities, the whole body of humanity and human frailties belonging thereto to be supplied or yielded to that thou hast; The same infirmities, diseases, emptiness, nakedness, to be fed, clothed, relieved, and in all regards worthy consideration as and in the way thou requirest, If Thou wouldst not trust to Nothing, if Thy self wouldst not be turned to the shame and misery of penniless bench, If Thy Love of this world consisting well enough with the Love of God would not be outed of Plenty and Wealth, stripped of property and left to uncertainty, 〈 in non-Latin alphabet 〉 , Be but as just and reasonable as old Tobit desired his Son, Do to None ( 〈 in non-Latin alphabet 〉 , No not to One) what thou thyself hatest. Whatsoever thou professest, or receivest, or believest, Be a Doer of the Word, not a Knower only, lest thou deceive thyself: for Not These shall be justified before God, but Those; And, What doth it profit a Man that he say He hath faith, and hath not works, shall that faith Save? Was not Abraham our Father justified by works, when he offered his Son on the Altar? Whence we see, • by Works was his faith made perfect: And as the Body without the Spirit is dead, so Faith without Works is dead also. I urge an Apostles words only in His meaning, and that must sure imply Heterodox in opinion from none that is in Religion truly Christian. Proceed: Is there any such Thing as The fear of God! Does any Text of the Old or New Testament mention it clearly to duty? Dost thou Believe it? and that thou hast it, or oughtest to have it? and Canst thou then take or detain that which belongs to another? or lay hold, or keep hold of thy Neighbors Goods? Do not the Principles of thy Religion improve and heighten the in-bred persuasions of Nature, Teaching, and assuring thee first, That this is Wrong, yea 〈 in non-Latin alphabet 〉 and so 〈 in non-Latin alphabet 〉 Transgression and Sin, and darest thou Then do it, when thy Judge looketh on! pretend to fear God, and yet do what he Hates, and yet thou fearest him, and yet thou art confident to disobey him! Or, if thy filial awful fear be not yet awakened, let me Knock louder with that Thundring threat of thy Savior, Luk. 12. 4, 5. And I say unto you my friends, Be not afraid of them that kill the body, and after that have no more that they can do. But I will forewarn you whom you shall fear: Fear him, which after he hath killed, hath power to cast into Hell, yea, I say unto you, Fear him.

Did not Zacchaeus, Christ his host, come in with his injuries in his hand, and before he makes any question of his Salvation, openly professeth his Restitution? Behold, Lord, saith he, the half of my goods I give to the poor, and if I have taken anything by false accusation, I restore him fourfold: Then Jesus said unto him (Comfortably,) Then and not before, This day is salvation come to thy house. This (whether stranger or home-born,) demonstrated him to be one of the Sons of Abraham. This is The way back by weeping cross: In the fore-Right of Injury no end probably foreseen but in Hell. He that Repents, must Amend: He that Amends, will Restore: For while the injury remains, is no alteration, and without alteration is no to better state-restitution. In the Scripture still, Does not the Old and New Testament require and join to call for Justice, Truth, Fidelity, Honesty? That which is Just and Right shalt thou do, and whatsoever is Just, as well as whatsoever is Holy: and Provide things honest in the sight of Man as well as God; And sure the world counts this Honest, to give everyone His own, the very Syllables of Rom. 13. 7. Render therefore to All their Dues, whether Tribute, Custom, Fear, or Honor: And Owe Nothing, but to Love. Or, if we do not, The wrath of God is revealed from Heaven (even to true Believers,) against all ungodliness and unrighteousness of men, who hold if it be the Truth, in iniquity. Which, Iniqui Regnum Dei non possidebunt, 1 Cor. 6. 9. and Know ye not that it is so, It is Postulatum, a thing grounded among Christians, and with Caution, Be not deceived: (Some may tell you otherwise;) The unrighteous, and who are They? Fornicators, Idolaters, Adulterers, 〈 in non-Latin alphabet 〉 , unfit to be Englished, (good company! and with them) nor Thieves, nor Covetous, nor Railers, nor Extortioners, a good part of them those that meddle with other men's goods whether by force or fraud, in deed or desire, subtraction or detention, violent Extortion or clancular Surreption, the sin, because the wrong, is the same, and Be not deceived, Do ye not know that These shall not Inherit God's Kingdom! Should not the Kingdom of his sanctified and just Congregation, (his Church,) Here, but be cast out by Excommunication with profane Heathens, but shall not his holy and glorious Church of the first-born hereafter, where the imputation of moral Righteousness shall be the lowest qualification, The holiness of Saints shall be those white and shining glorious Robes without which none shall be admitted to that Bride-chamber. Indeed such were some of you sometimes; but ye were washed (in Baptism) sanctified (from the first uncleanness) justified (from the other unrighteousness) in the Name of Christ, and by the (searching) Spirit of our God, and so are now a pure Church not having spot or wrinkle or any such thing, but walking Circumspectly ( 〈 in non-Latin alphabet 〉 exactly, precisely,) avoiding the very appearance of Evil, and hating the garment that is but spotted with the flesh.

Besides, we Know Love is the fulfilling of the Law; the sum of the Christians Law; The first, second, and third thing required, All is briefly comprehended in it, and can this Consist with wrong? Do I love my neighbor when I injure him, when I oppress him, and will not give him mine own, nor will not give him His own? Is this Justice? far below Love! Is not Mercy and Pity a strong piece of human good Nature? Compassion to one that needs (much more to one that hath Right) the top pinnacle of Christianity? I will have Mercy and not Sacrifice, says Christ from the Law, and my Disciples shall be kept alive rather then the Sabbath sanctified: And do these things Consist with Wolvish Cruelty and wrong? to spoil a man and his inheritance? to Rob a man of his Right, or not to give him his Right? Wherewith shall I come before the Lord, saith the Prophet, and bow my self before the High God? Shall I come before him with burnt-offerings and calves of a year old? Will the Lord be pleased with thousands of Rams? or ten thousands of Rivers of Oil? My first-born for my transgression? the fruit of my body for the sin of my soul? No: He hath shown thee, O man, what is Good, and what doth Jehovah require, but to do Justly, and to love MERCY, and to walk humbly with thy God? So in another Prophet, To what purpose is the multitude of sacrifices? I am full of the burnt-offerings of Rams, and the fat of fed beasts. Bring no more vain Oblations: Incense is an abomination before me: your new Moons and Sabbaths, (All these God himself commanded) the calling of Assemblies I cannot away with, &c. But what then? Wash you and make you clean: Put away your evil doings, Seek judgment, Relieve the oppressed, &c. and then come and let us reason together. And least any should think these are Old Testament Duties, S. James has left Pure Religion to consist in Such things, chap. 1. 27. What! has the meek Gospel brought in Cruelty and hard-heartedness? Does the Christian Law allow us to be unmerciful, unjust, unrighteous, fierce, savage, barbarous, and no Religion or Irreligion in the dispensation of worldly Goods or conversant about them, as in oppression, fraud, injury, putting men out of their own, &c. that a Man may be a Lion, a Christian, a Tiger, and a Vulture all together? preying upon what he can catch of his neighbors, and holding it, without any bowels of compassion? Is this to follow the Lamb (of God, that taketh away the sins of the World) whithersoever he goeth? What saith S. Peter, Be pitiful, be courteous, rendering to none Evil though for Evil? What said S. Paul, Put on therefore as the Elect of God, (Holy and beloved Brethren) bowels of mercies, kindness, humbleness, meekness, &c. What saith both their Master, Be merciful as your heavenly is merciful? Is this agreeable hereto to oppress and undo without cause? To turn our Fellows out of those Rights they have as good Titles to as ourselves to anything? to contribute our small and single power to undoing of Thousands? yea, thousands of Families, of Choicest Wits, best Education, greatest Hopes, highest Trust, that have men's Souls committed to them but They, their Persons and Estates should be left to spoil, themselves bequeathed to the Beggars inheritance the Wallet and the Scrip, to live of what is Given them; and God knows, Charity is so cold in our Northern Clime, that many are heard to have been starved every Winter, and when Summer comes have little more then Chams allowance to his father, A Mantle to cover nakedness: And belpless too; for what should they do? They have their due Rights withholden, and cannot Dig, to beg they are ashamed. Shall they return to their fathers house? Most of themselves are Parents. Shall they take some commendable course of life? The Laws are here a hedge of Thorns in their way, or rather a Castle wall furnished with Artillery, and having store of Ordnance mounted and rammed up with penalties ready to be poured out, perhaps ten pounds a month if they shall keep a Malt-house or Brew-house, or use a Farm, and buy or sell, or use honest Merchandise with their Neighbors. Sit still and want they may, and starve, and this like to be their desperate refuge. For 'tis known how the Statutes have laid perpetual restraint, disabling or punishing if they make any excursions into other men's bounds, not dreaming they should be ejected out of their own, and so far, well: for it was prudently forecast, that everyone should tug at his own Oar, and keep his Oar in his own Boat; that every sort should keep within their own limits, and 'tis justly penal if they be extravagant, and further confusion of things by mixing confusedly employments. But then a man should be allowed his own, and not beat out of his own doors, and forbid to enter his neighbors: This makes him desperate with reason, and if that be taken away was the reason of his Restraint, it is but equity he have leave to return to his Natural first liberty. How do the Prophets exclaim against cruelty, oppression, wrong, the iron hand and stony heart? Some are ready to sell the poor for a pair of shoes: others remove the Land-marks and violently take away the flocks: they drive away the Ass of the fatherless, and take the Widows Ox for a pledge. Others tear off the skin, and pull the flesh from off the bones, chopping them in pieces, as for the pot, and as flesh within the Cauldron: and do not the tears run down the widows cheeks? says Syracides. These are Complaints befitting God's Book, of things Religion doth naturally abhor, and shall we further any such injustice as may, under what form soever, occasion them or the like, and yet have Charity in our Bible, Justice in our Law, Equity over all, and Mercy at the top of our Religion, above Sacrifice? Consider also one example or two, how such like injury has thriven and prospered, either with Sacrilege or without Sacrilege, of these that could not be content with their own, but must encroach upon their Neighbors, and have it, and they prospered accordingly with a Vengeance. Ahab had a fair inheritance, His Ancestors lived well upon it as Kings of Israel, and when Naboth had his own too, we hear of no complaint or disturbance, but when He that had Much must have More, He that had Little must lose of that, and the poor man's garment be taken away to piece the Rich man's skirt, perhaps to clothe his beast, or provide Hangings for his Lodging chamber, or Dining Room (as I never heard me thinks a sadder complaint then, that Walls are clothed, while the poor go naked, Horses well suited and fed while Christians sterved,) Then went all to wreck, and this incorrigible unreasonableness of one must be a cause to both of their confusion. A pang of lustful covetousness lays hold upon the rich man's greedy heart: His neighbors little Cottage and Garden himself falls desperately sick of, and never can be well till the usual forms of Justice had been used for murder, fasting and prayer must let out the life-blood of the poor man to let in the ungodly King into his Vineyard. and then all as should be. But shall he prosper? No: To give warning to all unreasonable Mammonists who cannot be content with that they have, though Nine for one, unless they have the other one for Nine the Tenth too, Let him covet, and take, possession with a vengeance: Hast thou killed and also gotten possession? Thus saith the Lord, In the place where the dogs licked the blood of Naboth, shall dogs lick thy blood, even Thine, and the Prophet Elijah was sent to tell it him, none of whose words would, or could, or did fall to the ground. Gehazi could not be content with his Own, but must abuse his own Credit, and his Masters trust, the expectation from a Servant, and interest in a Master both together, for a Talent of Silver (perhaps some spending money to his former means,) and two changes of Garments, the superfluities of a Ward-Robe, and how ended the business? The Leprosy of Naaman cleave unto thee and thy posterity (an hereditary plague,) and he went from the punishers presence a Leper white as snow. Achan could not let the golden wedge and the Babylonish garment go in the Due way God had appointed, but must be filching for his private use, what had been publicly Devoted, and the whole Army, yea the whole Nation, yea all God's people sped the worse for it. In deed it was a Cherem, Religion had laid her sacred hand upon all that spoil for God, and thence the severity of worse, then ordinary indignation. It is a fearful thing to fall into the hands of the living God, for Our God is a Cousuming fire. Ananias and Sapphira their offense lay not altogether beyond the things of this life; they did but take back what of Earth they had devoted to Heaven, and yet how does the wrath of God fall upon them to the utmost? We find them gasping and dying at once and presently both; as terrible Examples of divine severity as we find anywhere, and yet the meek Apostle inflicted it by his power from another World, and I hope we believe it because we pretend to believe the Bible. Generally observe, there and in Uzzahs, and Uzziahs Case, the poor wood-gatherer, the men of Bethshemesh, or wheresoever in the least Religion has been touched to be profaned, God's Jelousie has been up and his quick hand reached home to revenge with sharpness of fury any such violation. Nor may we forget the poor man in [7] Nathan's Parable: Alas poor man! he had not much, but one poor Lamb for plenty abroad, and that the Rich miser must have to spare his own fold, But shall it go so? No, saith David in another Mans case, He shall feel my Angry Hand: By a great oath, his own life shall expiate an offense with these circumstances, and the lamb he shall restore fourfold beside, because He did this and had no pity! O pity, pity! is still a great part of the Bible goodness: Oppression and wrong, Nothing More, the merits of Hell fire by our Religion: the Law and the Prophets, the Old and the New-Testament join in to have justice to all, and Mercy to those in need a necessary qualification, No hopes of religion without them, because their want is a transgression of Religion, and what then of those who cannot be content with their Own, who will not give other men Theirs, who having Nine for One already grudge and complain that they may have that One for Nine also from God's service, to sacrifice to their own greediness, covetousness, insatiable bellies, or lusts and voluptuousness. The laws of the twelve tables or Muhammad's Alcoran, the Bannyans Shaster, or the Persees Zundavastaw may teach them or us as much Religion as this: Nay the tables of the bosom afford it clear and fairly legible, that Everyone must have his Own, or else there is no living, and this is the very outside, (I know mine own bosom) of that I did intend to contend for: Nor Therefore Throughout the world Do or can I fear any just man mine enemy.

But I will not now divert: Hitherto we have kept promise, and made our walk through the Groves of Paradise Only: God's blessed Book, from the Sacred leaves of whose Holy and heavenly Oracles have these amplifications been drawn, which it would be our wisdom to heed, as it is in our Faith to believe, and must be our Righteousness to Obey; and this directing in what we should do, or what we should not do, about Civil Justice, by rule or example. Methink somewhat should stick, I hope it will, I pray it may, and None be the favor of death unto death, but, (as it will work some way) of life unto life, and that of the Soul, and Everlasting. All Scripture is given of God: S. Paul tells us this ( 〈 in non-Latin alphabet 〉 , as his word or Breath) and Whatsoever was there written aforetime was written for our instruction, that we through patience and comfort thereof might have hope and Light: Now among the heavenly contents of those Divine inspirations are these Rules given, these examples recorded, (1 That we might not lust as those (then set up for an Example) lusted; Nor Covet as they Coveted, nor Murmure as they murmured, Nor yet be destroyed, as they were neither of the destroyer: For these things happened to them for such Examples, but are written for our admonition upon whom the ends of the world are come. Thou hast, Christian, thine own light shining in them, which thou believest came down from heaven, of the same kind with that outshined the brightness of the sun, with Saul, Saul, Take heed, Take heed; Venture not too far, why persecutest thou me? Believest thou? wilt thou not obey? If thou wilt not, He that is holy, let him be holy still: and He that is righteous, let him be righteous still: and He that is unjust, let him be unjust still; and He that is filthy let him be filthy still: He that will Covet, let him Covet still; He that will have his neighbors Goods, let him at least grasp after it still: But withal know, That God will bring thee to Judgment: He that does wrong shall receive for the wrong he hath done, and with Him will be no respect of persons. Iniqui regnum Dei non possidebunt: Lord, who shall dwell in thy tabernacle, or inhabit in thy holy Hill? Not he that leadeth a Corupt life, or doth the thing is not right to his Neighbor; (God is the avenger of all such things, as is everywhere testified:) but sweareth, or giveth to him, and disappointeth him not, though it be to his own hindrance. Remember Him that loved the wages of iniquity, and Judas who sold his innocence for thirty pieces of silver; and Belshazzar who must have the Temple-bolls to carouse healths in to his Kings & Concubines; He would hardly have forborne at the persuasion of a prophet, though he were Rich before, But the worth of a few talents must be taken from God's then Church, which ended fearfully; His Countenance changed, His thoughts troubled, His back crippled, and His knees smote one against another. And yet this but the beginning of Sorrows: For All the wicked shall once be turned certainly into Hell, and All the people that forget God. Sed meliora canamus, I hope better things, and things that accompany salvation, though I thus speak: That every Christian will be himself, That every believer will be ruled by his own Rule; that every son of God will be guided by his father, and give to everyone his Due, whether God or man, as is written down in the draught of his will, the tables of the Old and New Testament. It hath been hitherto but mistake hath made men grumble, That some tyrannous imposition hath enforced Tythes, some Statute Rampant in behalf of the Clergy, perhaps foisted in by themselves in the last age; but now the truth is cleared up, the heavens shine, 'tis bright as day that the whole body of the Just law, has, and has from all times called for them, and made them due, a necessary part as any of Civil righteousness; Now Men I hope will then not deliberate nor dally, but walk in the light, while the light shineth; Doing as they would be done by, Giving everyone his Own, yea Paying, not Giving, for that is required of thee, if thou be Just, not Bountiful. I myself also, says S. Paul, was sometimes a Blasphemer, a persecutor, and injurious, But I obtained mercy because (and as long as) I did it ignorantly and in unbelief, (No longer.) If I should have done it afterwards, after the truth came clear to my soul, or it shined from heaven, and I would or could have closed fast mine eyes against it, I might have overstaid my time, and the light have been taken from me, but I believed and converted, and then the Lord (that would have on all) had mercy on me, because I did it, as I did, hitherto in ignorance and unbelief.

Now my last appeal should be ad Populum Christianum, from Several Persons, to whom hitherto, to the Body of the People of this Nation; High and low, Rich and poor, One with another, as the Psalm speaketh, and All Together, for the thing concerneth All: And my desire tends to this, That they would in the name and fear of God take heed what they do, and not be too forward to set their hands to that they may beshrew their fingers for all days of their lives after, in shaking I mean or removing one Stone more out of the building to leave the rest loose; or by unsettling Levi 's Parsonage house, give such example or beginning to shake all the rest, that No one shall for an age live secure, That His will not next year fall down about his ears. Remember what before of, Imbarqued All in one Vessel, standing All on One bough▪ (Take heed of cutting that) and Beware of touching that string to any violence that holds All we have together. Gentlemen and Noblemen look to yourselves, ye have (as now things are) fair inheritances; God bless them to you, and you to them; ye live in Canaan, Long may ye there live to serve God in Christ in all worldly felicity: But take heed of venturing too far in untrodden paths that have at least show of danger; (the earth seems to shake under you already;) Be not overforward to the unsettling Levi 's Portion in this good land the Lord your God hath given him with you, which stands here upon the same foundation of Law, (whether of God or Man) that yours and others do, For fear if you should, what has but the same support may totter if not fall (with His) down together: Be sure there is Justice in heaven, and but too likely means on earth to bring it to pass, that if your hands should help to convey fire to one Corner of the thatch, It may very soon it spread and run all over the house, beyond the reach of strength or power of policy and honest art to suppress the flame, before it hath burned both you and yours, your stately and magnificent sumptuous Edifices. Your mansions are many, the Buildings great and fair, their Turrets high, the Battlements stately and lifted up, dispersed far and wide over your rich and ample possessions: Long may you enjoy them to comfort; But if you should rejoice in iniquity, and not in the truth, furthering or permitting that spoil is of the nature would ruin yourselves and Your own; Take heed the stroke reach not home to you too soon, leaving you justly ere long neither house nor land, nor field, nor inheritance. And Good Christian people All whatsoever, Be not Ye willful to your own injury; Do not stubbornly persist in a way may go on to your inconceivable danger. If your Tythingmans due be as your Own right, if his Glebe be as your Freehold, and his Tenth from your land as your Nine in it, and the Land itself; take heed how you meddle with the common support, the foundation and only stay and cement of both together: If his be stirred, and yours thereby loose; if you take away his, and he put on for yours, (as why may he not?) if you both thereby fall a scambling, thence a quarrelling, and so a fighting what can follow hereon but very confusion? A third may as well strive for both, and then what have you gained? If the fence of strong Law be not able to keep Him harmless now, How should you expect that the same armor should defend you, and that spoil and violence should not break in to your disturbance, perhaps to lay All in Common, to which the breaking of some enclosures, does more then declare, act and operate to make way for. Let everyone have his Own, and that is an easy and obvious piece of Justice: I say again, Let every One have his Own, and thats All I contend for, which should give offense, or show of offense to None but those that would have that which is Other men's. That is His Own the Law makes so, of which Levi having as Much as any other Tribe, He must have thereby as much of Property, and thereby Right and Safety, and Security (He should:) and the troubling or disturbing him cannot in equity, and the nature of the Thing, but do that which if it should be prosecuted by the same Principles must needs bring about, and redound consequentially to the disturbance of all Israel. Justice is all I plead for, Common-Justice, a low and sordid Heathenish virtue not so much in Christianity, as I take under it, and thereby in it, as it comprehends under it universally all sorts of goodness: Suum cui{que} therefore, good Englishman and Brother, and this is both Common Law and common Honesty.

As to the Publiqne I have said nothing thereto; Observe it all along, and that I have so tempered my style, according to my meaning, that I neither have, nor can my pen be justly interpreted to have said anything thereof one way or other. And observe it well: for private malice is often apt to shroud itself under the Statesmans Gown, making a stalking horse of the Public to come at self ends, with craft of from the power above, fighting with greater advantage against weakness below, and then gold and armies may soon overwhelm (by such misuse) any private innocence. I crave therefore yet once more this notice heeded, that of the public I neither have, no • meant, nor I hope have given occasion it should be thought I have said anything. The Magistrate is that 〈 in non-Latin alphabet 〉 or awful power at top; it may be justly dangerous for any private man to intrude to meddle with, or whether by censure, direction, caution, counsel, or almost good advice to draw into his presence, unless there be to Esther her self held out the golden scepter of clear and evident in this case necessary, either permission or invitation. With him therefore I have thus soon done, almost as soon as begun, and craving pardon for but thus looking toward him, crave leave also humbly to take my leave and depart, the most that I have said to or of him, being but this, that I would or meant to have said nothing to or of him at all. A single self is the only fittest object, whether of admonition, instruction, information, or (if need be) contestation for him who is deservedly toward the very lowest stair of those that are such; and who yet trusting in the Righteousness of his cause, and therewith (that which uses not to be wanting) the assistance of his God, (the honor of Christ being also and the Being and continuance of the Gospel of Christ somewhat interested in the Event) fears not the best and greatest of those that are, in that singularity, upon the highest. Religion, Reason, Truth, Justice, and the LAW are his great Patrons; which as He defends, and would not have stirred a bodkin for any other; so he mutually hopes They will defend Him; and by them, they are so public, returns that advantage which ere while was declined to have against him, of public interesse and strength enough on his side: For they never come in alone, but assisting with the most voices and votes, arms and armies of men in the world, and if I have not them on my side, I disclaim mine own engagement, and all my undertaking and performance, presently. For I shall always account it honest policy, whatever in other matters, to strive Here to be always on This strongest side, so far that I profess to remove and shift my sails as their appearance or advantage from them may occasion, that I may steer my course along with them constantly, nor will I be of that party, (but rather forsake all, as near as I can my self) that shall in the least degree give them or what they would have, opposition. If any can show I now am, I am not only ready to withdraw, but shall at any time hereafter show my willingness to kiss that hand shall gently endeavor to lead me from Error to Truth, from Wrong to Right, Nay even love that Sober violence that will not suffer me to plod on securely and without control in an ill way, Though I should be at first a little drowsy or inapprehensive; But for the bitterness of malice and rage of fury, which uses to doubly torment, yet do no good, wounding an adversaries perhaps reputation, perhaps patience, perhaps both, and through the sides of Truth too, and yet works no correction, nor establisheth any thing in the room of what it destroys, I leave to that Justice is wont to bring about in foveam quam fodêrunt, and that the fire shall work only upon that cole that bred it, but gently warming whom it would, but could not burn. So does malice, and So let it; only eat into its Own bowels, and fury torment the enraged in their own flames; for me, if any sparks thereof should fly about, and touching me somewhat sharply, prevail to a temptation of return of the like, the worst arrows of Revenge I have presently ready to retort are, Permission, Pity, Prayers, and Patience, being resolved to entertain the cross with nothing of more malignity then what I learned from my Savior on the Cross, They may not understand themselves, Father forgive them.

Which as I have received from and by God's grace in this my life; so I hope and pray, (and the rather hope, because I know I unfeignedly pray for it) that it may accompany me to my death, and be mine to the end and in the end; and this shall set me forever beyond the smart of Injuries. Good Christian, be Thy self, Not a Name only as if thou Livedst, but a Christian in Deed, in Love, in Meekness, in Charity, in Justice, in Mercy, and forgiving as thou wouldst be forgiven. Love that Justice, Hate All iniquity, give Every man his Due, Prefer not the world before thy Soul, Honesty, or Religion; Let everyone have His Own, but Love God Above All, and pray that I may be as Thou art, and then no doubt God which is our Own God shall give us Both His blessing; His blessing of peace and quiet Innocence Here, with eternal rest in the world to come with himself;