BEfore I enter vpon the proofe of this Proposition, I craue leaue to professe 3. things.

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

2. That I intend not the Iustification, in point of equitie, of Persons lay­ing [Page 3] hold on the Customes, or Priuiledges of the Pla­ces where they liue, to pay little, or nothing: but to leaue their practises and consciences to be main­tained by such as are bet­ter able to plead for them, and are willing to be en­tertained in so doubtfull a Cause.

3. That my chiefe ayme in this discourse is (if it be possible) to pull sundry honest Christians out of a damnable sinne, whereof perhaps many of them neuer dream't; which knowing and considering of as I do, I hold my selfe bound in conscience to make Discouery thereof vnto them, least I be guil­tie of their sinne, and their blood.

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

From these Scriptures I deduce these foure vndenia­ [...]le Conclusions: viz.

[Page 5]1. That God hath as care­fully and firmely taken order for the maintenance of the Ministers of the Gospel, as e­uer he did for the Priests & Leuites in time of the Law.

2. That their maintenance must arise from, and out of whatsoeuer the People haue by the blessing of God vp­on their labours in their se­uerall Callings.

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

4. That God hauing thus prouided for the mainte­nance of the Minister, Euery Pastor performing his duty, [Page 6] may iustly demaund a porti­on of euery mans goods whom he instructeth; and that as his proper Portion appointed by God him­selfe.

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

The Questions are Two: viz.

1. Whether, if a Mini­ster haue a Competencie out of Praediall Tythes: that is, of the Profits of the Ground; A Man that lines by Trading be bound of due to giue as much to his Mi­nister, [Page 7] as if he had not such a Competencie from other men? And

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

These Questions will be best resolued to euery mans capacitie and satisfaction, by propounding and answering the vsuall Plea's which men make against my Position.

If a Minister (say some) haue a Competent liuing out of Praediall Tithes in kinde, 1. Questi­on, and Plea. or by Composition, which he may recouer by Law from such as deale in Husban­dry; then, such as liue vpon Trade, or other Bargai­ning, or Manu-facture are not bound to allow him more then the Lawes of the Kingdome enioyne; or at [Page 8] least, not so much as other­wise they ought.

Answere. To this I answere thus: viz.

1. Because I desire to a­uoide wrangling and tedi­ous disputes, and to con­uince these men by their owne Rules; I will, for the present, admit, that, if the Minister haue a Competen­cie arising from Tithes, Tradesmen are not bound to make a larger allowance then the Lawes of the Realme binde them vnto.

2. Yet, so much as the Lawes require of them they must pay, what euer his maintenance arising from o­thers amounteth vnto.

This last appeares thus:

1. The Apostle saith, Let him that is taught out Gal. 6.6. [Page 9] of the Word, &c. that is, euery Hee, none excep­ted; vnlesse him that hath nothing to giue. If others giue, and I thinke by that to be excused, how doe I obey the Apostles pre­cept which excludes none but them that haue no­thing? If a Minister might not require maintenance of the Tradesman, be­cause hee hath enough from others in Praediall Tithes, it would follow, that if he had a Temporal estate of his owne suffici­ent to maintaine him, he could not iustly demaund any Tithes at all: which I thinke no man (well in his wits) would affirme. For, Who goeth a warfare at any time at his owne charge? Who planteth a [Page 10] Vine-yard, and eateth not of the fruit thereof? or who feedeth a flocke, and eateth not of the milke of the flocke? 1. Cor. 9.7. Eue­ry man therefore that is made partaker of the Mi­nisters Spirituals, must render Carnals. verse 11.

2. Admit a Minister may by Law recouer a maintenance without the Tenth of the Trades­mans encrease, yet it of­ten happens that a good part of his meanes (if he liue in a Country Towne especially) ariseth out of the small Tithes and Ob­lations of the Poore who stand in daily neede of Almes from him. In this case, will any consciona­ble Christian thinke, that so long as such petty dues [Page 11] may be by Law extorted from the poore, he should rather take this course to be maintained, then call to rich Tradesmen for such a portion as may fill vp that Competencie which is made vp by the Poore? Should not those Tradesmen holde them­selues bound to yeeld him so much as that hee may rather be able to giue to the poore, then enforced to pull the poore mans bread out of his belly, to saue the rich mans purse?

3. Suppose such as vse husbandry should thinke (as our Taske-masters would perswade them) that in respect of the li­berty of conscience and equitie, they are free by Gods word from paying [Page 12] Tithes, and so deny pay­ment, as the Tradesman doth: how then shall the Minister haue his Compe­tencie raised?

I know to this it will bee answered by a Tradesman: That the Parliament which hath absolute power to set a part what portion it will of all mens goods for any pub­lique good vse, hath ordai­ned that Hu [...]bandmen shall yeeld the Tenth of their en­crease to the Minister for his seruice: and therefore if the Husbandman deny pay­ment, there is Law to com­pell him.

True. But of him that would haue vs plead Law to the Husbandman, I de­maund; whether hee doe thinke that Lawe of the Kingdome to be equall, and [Page 13] such as the Husbandman is bound in Conscience to o­bey, considering that Hee seeth Tradesmen (who som­times with more ease get as much in one yeare, as hee with all his toyle can gather in fiue,) take themselues not to be strictly bound to pay any thing, (as Tradesmen,) but two pence at Easter? And if we vrge them with conscience, they retort a captious answere; Why should not the Magistrates conscience (who hath left vs at liberty,) bee as good as yours? One of these two therefore, must bee yeelded and confessed; Ei­ther the Law of the Land is iust, and good; or else vniust, and without warrant from the Word of God.

The first part of the Dilemma.First, If the Lawe bee graunted to be iust, and good in this case, then it must bee confessed that there is both equitie, and strength suffici­ent to binde the Husband­man in conscience to submit vnto it; and to assure the Minister that he may with a good conscience presse it vpon him, if he refuse it. If there bee any equitie in this Law (as doubtlesse there is) it consisteth in this, that Spi­rituals doe well deserue Car­nals. And if this equitie will hold to bind the Husband­man when God blesseth him with any increase, let any man shew me a reason, why he should pay so much of his Carnals for Spiritu­als; and not the Tradesman whom God hath blessed with Carnals as much, or more.

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

The equitie of the Magi­strates Law in respect of the Husbandman is this. Hee partakes of Gods blessing in Temporals, therefore it is iust hee should returne vnto God a portion thereof for the maintenance of his Mi­nisters who sow vnto him Spirituals. Now, this can­not but reach all sorts of men, so blessed, as well as any. Vnto all men it is com­maunded, Honour God with thy substance, and with the first fruits of all thine in­crease. Prou. 3.9. If any thinke, this held only in the time of the Law, or that it was spoken only to Hus­bandmen, let him consider whether this agreeth not in all points to the Apostles peremptory cōmaund more then once pressed in the [Page 17] Gospel, and that not to Hus­bandmen, but to Citizens and Tradesmen in the Cities of Corinth, and Galatia.

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

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

For, 1. So doth the Husbandman lose too, and yet payes Tythes of what remaines: which if hee should not doe, the Minister might starue for want of a maintenance iustly due vnto him by the Tradesmans Rule. So courteous some of out hot Professors are to [Page 18] their Pastors whom they admire most.

2. When the Trades­man hath no increase, he is not bound to pay in­crease: yet is hee still (if he be able) bound to help maintaine his Minister, if he be in want. This hee is tyed vnto by the Rule of Charitie.

3. The Minister when hee calles for his gaines, doth not call for them in the way of Partner-ship; but as a due for Spirituals, enioyned by Law accor­ding to the Word. Al­though the Law hath set out no allowance of any thing but of encrease, yet the Minister takes no lesse paines when the Trades­man looseth, then when he gaineth. And will the [Page 19] bountifull Tradesmā think it equitie, not only (in that case) to let the Mi­nister worke for nothing; but require him to pay backe part of his iust dues formerly receiued; or else resolue not to pay him of his gaines at all: If the Tradesman sinke follow in his estate that hee cannot subsist, the Minister (I de­ny not) if he be able, is bound to helpe him; or otherwise, to stirre vp o­thers to supply the neces­sities of their decayed Brother.

4. The Minister hath warrant from the word to partake of his increase: but the Tradesman hath no warrant from God o [...] man to indent with his Pastor to beare part of his [Page 20] losses, if he will receiue a part of his gaines. The labourer is worthy of his hire. And Spirituals de­serue Carnals whether a man be a gainer or not. And he that is of a con­trary opinion, I know not wherein (vnlesse in out­ward profession, which makes the matter worse,) he differs from a Gadarine who loues a good heard of swine better then Christ. If they loose their swine, let Christ goe seeke his maintenance where he can get it.

The se­cond part of the for­mer Di­lemma.Secondly, If the Lawes of the Kingdome; enacted by the King and the whole Body of the Kingdome, be not iust and agreeable to the Word in binding the Hus­bandman [Page 21] to payment of Tithes, How can a Minister with a good conscience lay hold on it for his mainte­nance from the Husb [...]nd­man, so as not to neede the Tradesmans helpe? How can the Tradesmen stand still & looke on their poore Bro­ther too heauy laden, & they (Pharisee like) not stoope to ease him with one of their fingers? How can they ad­uise, and put their Minister to sue Husbandmen for Tithes, so as to carue out his whole maintenance out of their estates, and the meane while themselues suppose they are not in iustice bound to doe any thing; or not to pay in proportion halfe so much as the others: and that which they doe, must be proclaimed and accoun­ted, [Page 22] not a due, or iust pay­ment, b [...] a free Contributiō, a gift, a beneuolence which they holde themselues no way bound vnto? This is neither agreeable to Reli­gion, nor conscience, nor Law, nor humanitie: and it would better befit an A­theist, then a Christian.

Thus of the first maine Plea which Tradesmen vrge to proue thēselus not bound to pay any thing (aboue their 2. d.) for their gaines in Trading as a due, where the Pastor hath a mainte­nance out of other mens Pradiall Tithes.

2. Questi­on and Plea.But now, suppose the Tradesman cōuinced that he must pay proportionably to others; yet How can it bee proued to him who denyeth Tithes to be now [Page 23] due by Diuine Right, that he is bound in conscience to pay the Tenth part of all his cleere gaines?

He will plead, I giue as much and more then the Law enioyneth: as much as I am well able to spare: more then many, worth fiue of me, doe allow: as much as I suppose my selfe bound in conscience to giue: and more then my Pastor can in strictnesse require, or reco­uer.

Answere. To this I answere. That euery mans conscience may stand vpon a firme ground, it must bee guided in euery thing by a sure Rule. The Rule in this particular, is either the expresse Word of God; or else the Established Law of the Kingdome where­in a man liues, to which (if [Page 24] it contradict not the Diuine Law of God himselfe,) eue­ry person is bound to con­forme,1. Pet. 2.13. as vnto the Lord, and that vnder paine of damna­tion. Rom 13.2. Hee that liues in a well gouerned State must not walke by the guide of his owne fancie, and conceit, or by the Opinions of some Good men, or by the practise of such as are behind him in estate, and eminent for pro­fession of Religion: but he must keepe to his Rule, or hee damnably sinneth. A good cōscience, finding such controuersie about the Mi­nisters Portion, will sooner suspect his owne heart of couetousnesse, then his Pa­stors; especially if the Pa­stor be one that performeth his dutie. Nor will he take liberty to suspend his pay­ment [Page 25] till the Title bee clea­red: but knowing some­thing he must doe, (yet ig­norant, how much;) he will rather giue too much, then too little, for feare of ensna­ring his conscience. And, if there be any Rule, hee will follow it to an haire, what euer it cost him, rather then hazard the peace of his heart.

Suppose a man to bee perplexed in conscience about this point. He sees a Portion of all his goods is due by Gods Command; nor can hee haue any co­lour of Reason, to deny, or euade it. Yet, for the definite Quantitie hee can finde no order, taken in all the New Testament, whether it be there to bee found, or not. This hee [Page 26] knowes; Tithes were once paid not only to Leui, but by Leui in the loynes of A­braham and Iacob. Heb. 7.9, 10. Gen. [...]8.22. And if God had not commaun­ded this as a duty: yet those holy Patriarchs thought it their dutie to doe as much voluntarily, for the blessings of God receiued. Those Tithes had nothing to doe with Leuies Priesthood, no re­ference to it, no depen­dance on it. Thence a tender conscience may iustly thus reason the case. Though some men hold Tithes to bee no longer due then Leuies Priesthood en­dured, and peremptorily deny that before Leui any Tithes were paid by commaund from God; yet I fi [...]e they were paid, and [Page 27] accepted: Since men can­not agree touching euery mans particular duty here­in, and that Holy men (be­fore Leui) though they had (as it seemes to me) no ex­presse Rule did pay the Tenth of all; whether shall I flie in this my distresse to pacifie and settle my Con­science for time past, and to guide it safely for time to come? If there were from the beginning no particular diu ne Rule, nor at this pre­sent there were any such, for the Quantitie due; yet if I were left to mine owne dis­cretion, can I haue better Presidents then two such Patriarcks before the Leui­ticall Law? Or may I safe­ly, (notwithstanding those examples, and the iudgement of the whole Church [Page 28] of Christ for aboue a thou­sand yeares,) gouerne my selfe by the Lawes of the State in which I liue?

I aske now, in the Name of God, how I, or any Man else should satisfie and re­solue this mans Conscience in such a perplexity? Will you haue mee to say vnto him, as the bloody Priests to Iudas; What is that to vs? Looke thou to that? Shall I tell him, You were best keepe your mony till you see all men agree herein among them­selues; when he is tortured in soule out of feare he hath detained it too long alrea­die? Or shall I bid him vse his owne discretion, and to giue what hee thinkes in Con­science hee is well able to spare, [...]nd ought to giue? This is cold comfort: poore reliefe. [Page 29] Hee is almost at his wits end for trusting so much to his owne discretion already. This is the ground of his trouble, that hee hath followed his owne corrupt heart, and not any certaine and infallible Rule. And if a Tenth proue due by any Law sufficient to bind him,See the Aduertise­ment to the Reader Num. 5. he shall but encourage him to steale, yea to commit Sacriledge, and many other sinnes of a high nature who shall bid him giue only that which hee is well able to spare; though lesse then a Tenth.

The Law of God hath made something a debt to the Minister; and, if this Man hath not fully paid that due, it is not what he is well able to doe, that shall alwaies serue his turne before God, [Page 30] when he will take vpon him to be the sole Iudge to him­selfe. Debts must be paid, though the Debtor will not confesse himselfe well able to spare them. And to de­cide, what hee is well able to spare, will be a worke as dif­ficult as the other.

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

1. Looke into the Scrip­tures, and search what hath bin paid of old by the Peo­ple of God, before the Le­uiticall Priesthood; and ra­ther then ensnare thy selfe, follow those Examples till it [Page 31] be made cleere vnto thee by sure Grounds that those Payments were neither en­ioyned; nor, in equitie, due; nor that any in Conscience is bound now to doe the like. or,

2. Haue recourse to the established Lawes of the whole State and Kingdome wherein thou liuest, (who haue absolute power to ap­point and set out what Por­tion they please of euery mans estate for any Pub­lique Vse, and euery one is bound in Conscience to ren­der the same): And looke what the Lawes (thus rati­fied) enioyne, that thou must doe, or be a Rebell.

Some Mammonist, per­haps, suspecting whether he may be drawne by yeelding that to be a Due, which the [Page 32] Law of the Kingdome hath setled vpon the Minister, would bee ready to say; ‘I promise you, I doubt whether the Magistrate hath Power to enioyne Payment of Tithes, seeing Good Men, and Great Clerkes hold Tithes to be so Iewish, and Leuiticall that they were to be abo­lished together with the Ceremoniall Law; and that the Magistrate should appoint some other Main­tenance.’ Now welfare Brownist. What if in the Law, Tithes were Leuites Maintenance, may not that Maintenance be made ouer to another Order of Mini­stry, when Leui was degra­ded? May not mony once offered at the shrine of some Popish Saint, neuer be law­fully [Page 33] appointed or imployed to any other vse? If this were sound Diuinitie, many of those ill-willers to Tithes should be much more afraid how they touch any mony, but that which comes new from the Mint, least (for­sooth) it be such as formerly hath beene offered to some Romane Idol, and so it should pollute them to vse it, or touch it. But con­cerning any thing comming towards them, they aske no Question, for Conscience sake: therefore this, in their opi­nion (though the same with the other,) shall passe for a Toy.

But touching Tithes which is a sweet morsell that they are loath to part with: Is there any thing in the sub­stance or nature of Tithes [Page 34] that Legally typified Christ? If there bee, name it, and proue it, and you say some­what. Otherwise, All you could inferre from that ab­surd graunt of Tithes to be solely and properly Leuiti­call Maintenance, would a­mount but to this Conclu­sion; Tithes giuen to Leui for seruing at the Altar, may not by any Power of the Ma­gistrate bee still continued to Maintaine a Leuiticall Priest­hood.

Howbeit, God, though he hath dismissed Leui, and repealed that Law of Tithes due to Leui; yet hauing ap­pointed, that (as they that serued at the Altar should liue of the Altar, so) they which preach the Gospel should liue of the Gospel; A Godly State (not taking vpon them [Page 35] to be wiser then Hee him­selfe in the old Testament: or his Apostle Saint Paul in the New) will thus resolue: ‘Wee cannot possibly ap­point sitter Maintenance (all inconueniences con­sidered) for Ministers now, then God did of old for the Leuites; there­fore wee will ordaine the same Quantitie shall now bee paide out of euery mans estate to the Mini­sters of the Gospel, whose Ministry being more ex­cellent, their allowance should not in equitie bee lesse then that of Leui.’

If it were a good Argu­ment to proue Tithes not lawfull or fit to bee now paid, because once imploy­ed to maintaine Leuites; It must be pressed, much ra­ther, [Page 36] vpon the Magistrate, that he is bound in Consci­ence to pull down all Chur­ches, once superstitiously prostituted to Popish Ido­latry, not suffering them to bee now vsed for the true worship of God. But hee that should vrge this, would manifestly declare to all the World his iust Title to Bed­lam.

It may be, Some are of opinion that Christians are now at liberty from such Im­positions, so as a man may vse his owne discretion, and giue what hee thinkes fit. But to this something hath beene said before, to which now I adde; that this were the high way to become sonnes of Belial indeed. We know how it went with Israel when there was no King [Page 37] among them, and euery man did as it seemed good in his owne eyes. This indeede is that many Professors would haue: Liberty, Liberty. Let them be noted for bounti­full; but not bound to bee iust. What would become of Ministers, (shall I say, nay), of themselues, if this gap should bee opened to the World that Christians may doe as themselues see good? Who would not abuse his liberty as an occasi­on to the flesh?

What though a few Ho­nest men would pay their Dues iustly, although no Law of man should bee made: must their Honesty make the World of opinion that they ought not to bee bound to a Law? Would not euery man plead the [Page 38] like; and so all would come soone to a confusion? Can any of those Honest Men proue that the Magistrate hath no Power to rule them herein? Should not they rather for examples sake (though they might plead freedome) be first in yeel­ding obedience to Lawes, euen for their sakes who would neuer do iustly with­out Lawes to enforce them?

Hath God bounded out all mens estates by whole­some Lawes; and hath he left only Ministers to Peo­ples Discretion and good Pleasure, so as the Magi­strate may not appoint them a certaine Portion, as to his Wisedome shall seeme most conuenient, and agreeable to the Lawes of God him­selfe? Oh Sonnes of Belial [Page 39] that thus Prostitute Religi­on to palliate their coue­tousnesse? The Couetous Earth-worme would laugh in his sleeue to see his elbow vnderlaid with such a Cu­shion. The Licentious Gal­lant would soone bring the Minister to his becke, and force him, Fidler-like, to play nothing but what Hee, and his lewd companions should please to call for; or make Him to begge his bread from Dore to Dore. And are these the best Rules our best Zealots would walke by? Then, Who would not pray; God de­fend mee from the Power, and Courtesie of all such Professors? Should not Pa­pists (if this were allowed) haue iust cause to apply vn­to vs that bitter Taunt, [Page 40] Pater-Noster set vp Chur­ches, and Our Father puls them downe?

The Law of the King­dome, then, is the only sure Refuge of all that deny Tithes to be a Morall Com­mandement. This is the only Rule they haue in all other Reformed Churches and States (hauing Power to make Lawes) throughout Christendome.

Admit this for this time to be a sufficient Rule; and it must be graunted that, The Lawes of this Kingdome esta­blished in Parliament doe bind men both for Quantitie and Qualitie of the Ministers Maintenance: And hee that doth not strictly obserue it, can neuer haue a good Conscience, because hee swerues from the Rule of his owne choosing. [Page 41] Whatsoeuer is of force as a Rule of Faith to iustifie the Conscience walking by it, is also sufficient to bind the Conscience; and to con­demne him of sinne that di­gresseth from it.

Let the Tradesman wran­gle and wriggle till he bee weary, this Rope will hold him. Now graunt mee this, and graunt all I vndertooke to prooue: viz. that Euery Person within this Kingdome (not liuing in Places Priuiled­ged) is bound to pay the Tenth of all his cleere Gaines to his Minister. For, this is the Law of this Kingdome ena­cted in the 2. and 3. yeares of Edward the sixth, cap. 13. Entituled, An Act for the true Payment of Tithes. In which Statute is ordained as followeth.

And be it further enacted by the Authoritie aforesaid, that euery Person exercising Merchandizes, Bargaining and Selling, Cloathing, Handy-craft, or other Art or Faculty, being such kind of Persons, and in such kind of Places as heretofore within these 40. yeares haue accu­stomably vsed to pay, such Personall Tithes, or of right ought to pay, other then such as bee Common day Labourers, shall yearely at or before the Feast of Easter, pay for his Personall Tithes the Tenth part of his cleere Gaines; his charges and expences according to his estate, condition or degree to be therein abated, allow­ed, and deducted.

To this it will be present­ly obiected, Doe you not marke that clause, that men shall pay Personall Tithes [Page 43] in such kinde of places as here­tofore within these 40. yeares they haue accustomably vsed to pay such Personall Tithes?

Answere. I doe:This is ex­plicated. and pray you to obserue that which followes: viz. or of Right ought to pay.

Some, perhaps, are in hope this will proue such a Gordian knot, as will neuer be vntyed. But to put them by that vaine shift, let them know that this will easily be expounded (to the satisfa­ction of such as desire the truth may appeare;) partly by Other Parts of the same Statute; and partly by the Maine End and Scope of the Whole.

1.1. By other parts of the Statute. By other branches of the Statute it will appeare who they be that (not ha­uing paid Personall Tithes, [Page 44] yet (of Right out to pay.

In the next Fraction af­ter that branch of the Statute here alleadged, it is said; Prouided alwaies and be it enacted that in all such places where Handy­crafts-men haue vsed to pay their Tenthes within these 40. yeares, the same custome of payment of Tithes to bee obserued and to continue. And a little after: Prouided that this Act shall not extend to any Parish which stands vpon and toward the Sea coasts, the Commodities and occupying whereof consisteth chiefly in fishing, and haue by reason thereof vsed to sa­tisfie their Tithes by Fish but that all and euery such Parish and Parishes shall hereafter pay their Tithes according to the laudable cu­stomes as they haue hereto­fore of ancient time within these 40. yeares vsed and ac­customed, &c.

And againe: Prouided al­waies and be it enacted that this Act or any thing therein contained shall not extend in any wise to the Inhabitants of the Citie of London, and Canterbury, and the Sub­urbs of the same: ne to any other Towne or Places that haue vsed to pay their Tithes by their houses, otherwise then they ought or should haue done before the making of this Act. Lastly, there is an exception of the Tith of Marriage goods in Wales.

Now these Exceptions do aboundantly expound that clause who they are, that in right ought not to pay: namely, All Handy-crafts men that paid lesse then the Tenth by the space of 40. yeares before the Statute: All liuing vpon Fishing: All in London, Canterbury, and [Page 46] other Places hauing a cu­stome to pay a rate by their houses: and Those of Wales in that one Particular.

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

2. By the maine Scope and End of the Statute.2. This appeares yet more cleerely by the Maine Scope and End of the Sta­tute, as is manifest to euery man (though no Lawyer) that shall read and obserue it but with one of his Eyes.

The Intent of a Law, (say our Great Masters of the Law) is best discerned by the P [...]ce [...] vnto [...]ir. The [Page 47] Preface of this Statute hath reference to Two other Sta­tutes, one made in 27. Hen. 8. the other in 32. Hen. 8. to the same purpose: and it saith, that diuers things are needfull to bee added to those other Statutes, that Tithes may be truly paid according to the minde of the Law-makers, for which purpose this last Act was made. Wee must then consider: 1. What was enacted: 2. What was de­fectiue in those former Sta­tutes: 3. What here is sup­plyed.

1.1. What was ena­cted. In the former Statute of 27. Hen. 8. it was resolued that as well Personall as Prae­diall Tithes were due vnto God and Holy Church: and therefore enacted that eue­ry subiect should pay them according to the Ecclesiasticall [Page 48] Lawes and Ordinances of the Church of England, and after the laudable vsages and customes of the place where he dwelleth. The Statute of 32. Hen. 8. was principally intended both to giue life to the former Statute, and also to enable Lay-men enioying Tithes to recouer them by Law, which, before they could not.

2. What was defe­ctiue.2. Neither of those Sta­tutes did particularly decree what Praedial Tithes should be due; from what Ground: and in what Quantitie in some Grounds: what Cu­stomes should hold, and what not: What Places and Persons should allow Per­sonall Tithes, and what not: nor how much should bee due, where no Custome, Composition real, or other [Page 49] sufficient Priuiledge [...] [...]kes place.

3. All these Defects are supplyed in this Statute of Edw. the 6. For, (passing ouer the supplies touching P [...]aedi­all Tithes) wee may finde these supplies for Personal Tithes.

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

2. Whereas the former did not expresse the iust Quantity exactly; This saith, the Tenth of cleere gaines.

3.3. What is supplied. Whereas the former did speake of Customes [...]im g [...]ally; This shewes where, and in what Pla­ces and to what Quantity Custome sh [...]l preuaile to [Page 50] paying lesse then a Tenth, and in what not.

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

To make this cleare to euery eye, doe but con­sider [Page 51] these things: viz.

1. That the Statute of Edward 6. in the begin­ning saith thus; Be it or­deyned and enacted by the King, &c. that the said Acts made in the 27. and 32. yeares of the reigne of the late King Henry the 8. con­cerning true payment of Tithes, and euery article and branch therin contained, shall abide and stand in their full strength and vertue. There­fore what euer was enioyned in those former Statutes, is by this Statute established to continue in full force.

2. Consider that the Statute of 27. Hen. 8. doth in expresse termes ordaine payment as well of Per­sonal as Praedial Tithes according to the Ecclesiasti­call Lawes and Ordinances of the Church of England and after the Laudable vsa­ges [Page 52] and customes of each Parish. And in that other Statute of 32. Hen. 8. the same was againe enioy­ned, still hauing reference for kinde and Quantitie to the Ecclesiasticall Lawes, & lawfull Customes. There­fore what euer was then payable by the Ecclesia­stical Lawes of this King­dome, (vnlesse in some Pedulia [...]s where Cu­stomes laudable and law­full had taken root) be­fore that time in vse, was established by those Sta­tutes, and so reestablished by the Statute of Edward the sixth, to remaine in force as the Law of the Realme to euery Place [...] [...] Eccles [...]sti­ [...] [...] [Page 53] this, (as it is to be seene in [...]INDVVOOD: Prouinc: Constitut: tit: de Doc: c. Quon: Prop:) thatStatuimus etiam quod Dec [...]mae personales soluantur de artisici­bus, & Mer­catoribus, sc [...]licet de [...]uc [...]o nego­tiationis. Similiter de carpen­tari [...]s, fa­bris, cem [...] ­tariis, tex­toribus, pandoxa­tricibus, & omnibus a­ [...]ijs stipen­dariis: vt videlicet dent Deci­mas de st [...] ­pendi [...]s s [...] ­is, nisi sti­pendarii i [...] ­si aliquid [...]ertum ve­lint dare [...]d opus, vel ad lumen Ecclesiae, si Rectori ip­sius Eccle­siae placue­rit. Personal Tithes should be paid from Artificers, and Tradesmens gaine of Trading. And so from Carpenters, Smiths, Plaisterers, Weaners, Bru­ers and all other Labourers who should all pay the Tenth of their Wages. This Canon was made at a Convocation Wolden at London in 23. Edward: 1. And is rightly reaconed, by M^r. Selden, the [...]hie­fest of the English Canon Lawes. It is the Principall Rule and Law for sundry Tithes, therein (and no where else) expressed, which hath force to this Day from the Statutes aforesaid, as daily ex­perience [Page 54] sheweth.

From the Premisses these Conclusions doe vn­denyably issue.

History of Tithes. cap. 8. pag, 232.1. That in all Places Per­sonal Tithes of right ought to be paid where any Lawes enacted within 40. yeares before the Statute of Ed­ward the sixth hath com­maunded their Payment.

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

3. That all Personall Tithes that of right ought to be paid by the space of 24. yeares before either of [Page 55] those Statutes of Hen. 8. are still due; because the Sta­tutes of Hen. 8. were made but 16. yeares at most before that of Edward 6. and this Statute extendeth to 40. yeares backe-ward.

4. That all Personall Tithes due by the old Ca­non before mentioned, are due by the Lawes of this Realme: forasmuch as the Statutes of Hen. 8. doth ra­tifie that Canon, and the Statute of Edward 6. doth ratifie those Statutes, except before excepted.

5. That therefore the Sta­tute of Edward: 6. (giuing force to the old Law which enioyned the payment of Personal Tithes,) doth in­tend and commaund that the Tenth part of euery mans cleare Gaines (except [Page 56] such as are expressely excep­ted in the said Statute,) should bee paid by euery man to his Minister.

6. That it is not needfull for the Minister to proue (if he will recouer or demaund Personal Tithes where they were neuer paid,) that such Tithes haue beene constant­ly, or at all paid in the Place where hee liueth, by the space of 40. yeares before the Statute; since the Sta­tute maketh them due, where, of right they ought to be paid.

Though the Right bee cleare enough; yet to make all men see it with both eyes without Spectacles, I will reduce all that hath beene spoken to proue the right of Personal Tithes, into forme, thus.

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

There was in all places a right vnto Personal Tithes by 40. yeares before that Statute, though they were not actually paid. Therefore in all Places (not expressely excepted in the Statute of Edward th [...] sixth) Personal Tithe [...] ought still to bee paid though it cannot be proued that they were actually paid in all that time. The Mi­nor is proued, thus.

There must needs be a Right to pay Personal Tithes, where any Statutes [Page 58] still in force, enacted with­in 40. yeares before that Statute of Edward, enioyne the payment of Personal Tithes. But

Both those Statutes of Hen. 2. enioyned the pay­ment of Personal Tithes, and were enacted within 40. yeares of that last Sta­tute, and are still in force: Therfore Personal Tithes, that is, the Tenth of euery mans cleere gaines, are still due and of right ought to be paid by all Persons, and in all places not expressely exempted by Statute, though it cannot bee proued that they were euer actually paid.

If any should say; Where the Custome of the Place hath beene to pay nothing, nothing is due. This will appeare to [Page 59] be a meere Cauil, by that one Maxime knowne to Al of any experience or obser­uation. De non Soluendis de cimis non valet consuetudo. Custome of paying no­thing, is worth nothing. The reason giuen by Lawyers is, iuri naturae & diuino contra­ria est. Because it is contra­ry both to the Law of na­ture, and God himselfe. The Law in such a case is this; Where men pay no Tithes at all of any thing made Tithable by any Law, there Tithes (vnlesse some speciall Priuiledge allowed by Law bee pleaded and proued) must be paid to the vtmost extent that any Law hath decreed such Tithes to bee paid in any place. So then, He that confesseth he neuer paid any thing, nor that it [Page 60] hath beene the Custome of the Place where he liueth so to doe, maketh himselfe liable to pay the full Tenth.

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

He, in his History of Tithes, Cap. 20. shewing that Mor­tuaries first became due vp­on the generall presumpti­on of euery mans negligence in paying his Personal Tithes in his life time, (for which cause a Mortuary was giuen in lieu of such Tithes vn­paid at death:) hee alled­geth [Page 61] a Case adiudged in it. Ed [...]rd, 3 [...] wherein the Person of Whitwell be­ing sped for taking away a Horse for a Mortuary at the death of one of his Parish, according to the ancient Custome of the Land and Holy Church, was acquit­ted against the Plaintiffe, and his Act iust f [...] to be agree­able to the Law.

This he vrgeth to proue, that Custome hath euer beene held as Law, euen for such Personal Tithes. But he explaineth himselfe thus; Where any Statute hath made a discharge, or Prescription, or Custome hath setled a Mo­dus, de cimandi or certaine Quantitie payable, though ne­uer so little, for the Tith, there, by the Lawes of the Kingdome, the Owner is not [Page 62] bound to pay other Tith then the Statute, or Custome, or Prescription binds him to. Which yet must bee so vnder­stood in the Case of Lay-men, that Custome or Prescription founded in their Possessions as Lay, cannot wholly discharge the Tith, or bee De non de­cimando, but may well bee De modo only. Otherwise is it in the case of Spiritual Per­sons, that may by the Common Law be by Prescription whol­ly discharged, and prescribe De non decimando. AND THIS IS REGVLAR­LY CLEERE LAVV. Thus, that Master of the Law.

This considered, doth fully plucke vp another ob­iection by the rootes which any wrangler might make from those Phrases in the [Page 63] Statutes of Henry the 8. which say, men shall pay their Tithes according to the laudable and lawfull vsa­ges and customes of the Places wherein they liue. Those Customes are neither laudable, nor lawfull which are pleaded for paying of nothing. It is not said that where any Custome hath beene to pay nothing, no­thing shall be paid: but, men shall pay their Tithes accor­ding to the laudable vsages and customes of each place where they liue. There­fore it must be vnderstood of Customes by which men doe Pay something: All being tyed to Pay; and all Customes of paying noth [...]ng being vtterly voide. To say, that Law, which Com­maunds some men to pay, [Page 64] according to Custome doth show the same men to plead Custome for paying nothing, is a Contradiction very ridiculous.

But yet some may say: If the Law bee so firme for Personal Tithes, How is it that Ministers call not, for them, and that they doe not recouer them by Law?

To this I may answere with Griefe. That Law which hath made them due, hath giuen vs power enough to recouer them of euery man that is Ho­nest, and makes consci­ence not to lie, or de­ceiue; but it hath not gi­uen vs strength sufficient to recouer them if they bee denyed by a Knaue: for it debarreth vs of the Prin­cipall and indeed the only [Page 65] meanes of finding out what euery dishonest mans gaines are: namely, the Oath of the partie that is to pay them.

The Makers of this Law supposing Tradesmen bred in Townes to haue more Giui [...] then others, and presuming of their hone­sty and conscionablenesse to pay their dues to the Mi­nister, without suites in Law; did purposely pro­uide that the Tradesman should not bee forced to discouer his Estate to the World so oft as otherwise (in likely-hood) hee should bee required; which might proue much to his preiu­dice. I [...] was their Indul­gence to enioyne the dutie without binding him to this extremitie: but it was their [Page 66] purpose to tie his conscience the more to doe iustly here­in, as he will answer the con­trary at his perill to God, to whom they leaue him for punishment. Else why should they make such a law to de­clare what was due, and command the payment at Easter.

He that shall say, I am not bound by Law, where the Law hath omitted any one way to compell mee, doth most impiously abuse the Lenitie of the Magistrate, and beleeues the Magistrate doth neuer command till he smite. In Diuinity it is no better then Heresie, (if it be stood vnto;) and in Morali­ty, no better then sowing the seeds of Sedition and cursed Rebellion, to hold, That no Law hath any force to binde, [Page 67] but where it giues power to pu­nish: And that the Magi­strates word shall bee void, where his sword doth not fol­low at the heeles: nor ought to bee longer obeyed, then hee is fighting, or putting weapons into other mens hands. It is a thousand pitties they should want blowes who will doe nothing without them. When the Apostle saith, The Law was not made for the righteous, but for the Lawlesse, and disobedient; 1 Tim. 1.6. he meant, (as I thinke you will grant,) that the curse and pu­nishment of the Law was not intended to the righte­ous, because hee would ob­serue it so carefully, that there should be no need of Compulsories to be seru'd vpon Him. But doth the A­postle thereby exclude him [Page 68] from the commaundement and Rule of the Law? Who but an Epicure, or Mad-man would make such a Glosse? When God gaue authoritie to the Husband to cōmand his Wife in lawfull things; but not to beat her: shall the Wife shake off the yoke of obedience which is im­posed by the Husband; and say, God neuer meant that Law by which my Husband seekes to command me, should binde mee; because he hath denyed him power, to compell me by stripes?

What though the Statute deny vs the oath of the Par­ty, yet it commands payment at Ea [...]ter, in expresse termes: and giues power to sue him and to examine him by all other lawfull and reasonable meanes: so as he shall bee [Page 69] compelled to speake trueth, or falshood. The Ordinary may compell him to say what he hath gained, though he cannot compell him to sweare. This indeed makes some difference when a man is to deale with a false Knaue: but none at all when he is to deale with honest conscientious men. And if the Statute had giuen vs the Oath of the Party; vnlesse we could get another Statute enacted, not onely to en­ioyne, but to make all men to be Honest; our case would be but little yea very little b [...]tter then it is. I need say no more to Reasonable men: yet one thing more, which makes [...] yet [...]e [...]ow, that the Statute doth binde all men to [...]y Personall [...]thus, thou [...] [Page 70] Oath of the Party. The Sta­tute doth not onely giue power to the Ordinary to examine a Tradesman, as a­foresaid; but also to order him according to what the party shall confesse, or can be otherwise proued, (as in Predial Tythes,) or else to excommunicate him for his contumacy; & afterwards, to require a Writ out of Chan­cery De Excommunicato ca­piendo, if the Party shall con­tinue his contempt for the space of forty Daies.

But, what if it should be granted that Tradesmen are not precisely and formally bound by that Statute, as Husbandmen are? What would they gaine to iustifie themselues in point of Equi­tie and Conscience? Let them suppose themselues [Page 71] free from the Law in the strictnesse and rigour there­of; yet they must confesse the Husbandman to be ab­solutely bound to a Tenth. Nor will any but Brownists and Rebels deny the Power of the Parliament to ap­point that Quantitie. Now the Law binding the Hus­bandman, doth as firmely, in equitie binde Tradesmen to the same proportion, if they will not hold them­selues Lawlesse, but acknow­ledge themselues bound to that Law which bindeth the rest of their Brethren.

There be two things that binde to a dutie: Iustice, and Equitie the ground of Iu­stice. In Iustice (as it is strict­ly taken) he onely is bound on whom the Law establi­shed doth absolutely, direct­ly, [Page 72] and expresly take hold, and commandeth him for­mally. But in Equitie, which is the ground of Law, euery man liuing in the same State is truly bound also, to whom the same Equitie on which the Law enacted was built, equally extendeth.

To shut vp all. From all that hath beene said, I may iustly draw foure Conclusions more.

1. Whosoeuer gaineth by Trade, bargaining, or other lawfull meanes, being not ex­empted as aforesaid, must pay the Tenth of his cleere gaines, or he sinneth against the lawes of this Land.

2. Whosoeuer in this case w [...]l [...]ll [...] v [...]olateth the lawes of this Realme, is a double sinner against the law of God: for he breaketh that Commande­ment, [Page 73] Th [...]n shalt not Steale: and committeth Sacriledge by with-holding that which lawfull Authoritie hath law­fully consecrated to God.

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

4. They who being infor­med of this Dutie, and con­ [...]inced in their iudgement thereof, are bound to Resti­tution (vnlesse their Pastors remit it) of all they haue hi­therto wrongfully deteined so neere, and as full as they are able. Otherwise, they wickedly; robbe the Minister, and liue in a damnable sinne without repentance: nor can they in such a condition ex­pect [Page 74] any thing from God but wrath and a curse vpon them and theirs, let their Profes­sion and forwardnesse in other duties of Religion be what it will.

I expect many to cry out vpon this, as strange and hard Doctrine: and to say, If wee should pay all Arre­rages, wee should part, it may bee, with halfe our e­states. But then I must An­swere: to the first part, if it bee true, (as you see it is;) the strangenesse of it must not make any man bold to kicke against the Pricks. And to the latter, I say.

1. It is vnlikely and vnprobable that the Tenth part of a mans cleere gaines should bee halfe his estate both of Stocke and Gaines.

[Page 75]2. Admit it were so, yet if what thou detei­nest be none of thine, it will make a greater hole in thy conscience, then it can in thine estate by parting with it. The V­surer and the Theefe haue as good a Plea as this against Restituti­on.

3. Zacheus did as much, and our Sauiour appro­ued it as one signe that proued him A sonne of A­braham: Grace will make men iust; though it should make them as poore as Lazarus. Resti­tution with an ouer-plus, if they be able, shall be vnto them, as any other dutie enioyned by God.

4. If God haue blowne vpon thy dishonest gaine; [Page 76] and made thee vnable to Restitution; then behold his hand; humble thy selfe euen vnto Hell for this sinne; and desire of God, one way or other to repaire the wrongs, that cannot bee repaired by thy selfe. And in this case, hee were an hard and most vnconscionable Minister that should re­quire [...].

Let not Restitution then be held an uniust and cruel imposition. And for pay­ment of Tithes for time to come, sticke not at it see­ing thou now seest it to bee thy dutie: doe it cheere­fully, least God account it as not done at all.

Consider (besides all the former discourse) this one thing: Hee that willingly [Page 77] and iustly payes the Mini­sters Portion hath a more speciall promise of God to thriue in his Calling, then any man hath, for perfor­mance of any one other particular dutie whatsoeuer. The Promise I meane is in Malachy 3.10, 11, 12. and it is this; Bring yee all the Tithes into the Store-house that there may bee meat in mine house, and proue mee now herewith, saith the Lord of H [...]sts, if I will not open you the windowes of heauen, and powre you out a blessing, that there shall not bee roome enough to receiue it.

And I will rebuke the deuourer for your sake, and he shall not destroy the fruit of your ground, neither shall your v [...]ne cast her fruit be­fore the time in the field, [Page 78] saith the Lord of Hosts. And all nations shall call you bles­sed: for yee shall be a delight some land, &c.

Now hee that doth not obey this iniunction, (at least so farre as now by Law he is tyed) doth, thereby proclaime that hee doth not beleeue this promise: Hee saith in his heart that in this point God is a Lyer, and it is in vaine to serue him.

One Scruple yet is be­hind. Some may s [...]y; It may bee my Minister is vn­able, vnfaithfull, or scanda­lous: must hee haue Tenths too?

Though such a person deserue them not, yet be­ing actually possessed of the Church (and presumed in Law to bee such as hee [Page 79] ought) hee may claime them as due in the right of the Church, vntill Au­thority shall take notice of his demerit, and discharge the Church of such a bur­then.

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

Hee, must not heare of Tithes due by the Old Ti­tle. The Magistrate must giue him his Rule. Well. A Law is now establish­ed. This Law binds eue­ry man to giue the Tenth of his cleare Gaines to his Minister. It makes no ex­emption of Bad Ministers. [Page 80] Therefore The Tradesman is bound in Conscience and by Law to pay Tithes to his Minister be he Good or bad: or his owne Rule will cast him for a Sinner.

If I owe mony to a Drun­kard, I may not iustifie the deteining of it, when it was due, because I know he will abuse it to more drunken­nesse, ryot, and other sinnes against God. I may labour his Reformation by the Ma­gistrate, but may not deny him his dues. His disorder cannot warrant me to be vn­iust. The Law for Tithes makes them as due to the Minister, as Law can make them: and supposing that e­uery Patron and Bishop will be carefull to place none in any liuings but such as are worthy: it exempts none [Page 81] from the exhibition of the Place to which they are inducted. Therefore the Tradesman or any other cannot without Theft and Sacriledg deny any Minister his dues, so long as he stands possessed of the Church, and in the relation of a Pastor vnto him. If any man haue iust exception against his Minister, they know the Law is open, and there be Iudges, let them implead one another.