THE common Law of England, K. Iames Parl. Speech, 1609. the best Law for this Nation in the world (as might eas­ily be proved, were it incident to the argu­ment I have in hand) doth lay forth all it's interest and jurisdiction in the preservation and maintenance of three things, The just priviledges and preeminences of the Crowne of England, The just rights of the Church of England, And the just rights and liberties of the people of England. The first is called by the Register of Writs, Pririlegium Regis, or Jus Regium. The second is called, Jus Ecclesiae, or Jus Ecclepasiasticum. The third is called, Jus Populi, or Libertates Angliae. These three make up the whole body of the common Law, a Law so peaceable for the keeping all these three in unity, that for this very cause it is, by the ancient Laws of this Realm, stiled by the name of Peace; Pax Dei, in reference to the rights of the Church, Pax Regis, in reference to the rights of the King, and Pax Regni, in reference to the rights of the [Page 2]people. I shall write only of the first, and but of some part of that neither, viz. concerning the endowments of the Church with Glebe and Tithes, by occasion of divers late scandalous Pamphlets, or rather Pasquils, calling them Jewish, Popish, Antichristian, &c. scarce fit to be named, lesse fit to be answered with any other an­swer, then that of Seneca, Solocontemptu respondere.

He that reproveth a scorner, Pror. 9. saith Solomon, getteth himself a blot, which falleth out especially where a man is to deal with the Vulgar, more fitted to quarrell then to judge, and much apter to wrangle, then to resolve, whose discourses when you shall have rak'd into thē to the very bottom, you shall finde more slanders of truth then objections against it, and scandals in stead of arguments. And to strive with such kinde of men, whose contention is more for victory, then for truth, the match is not equall; which hath made me often to pity the lot of many learned men in these days, who for their religious and painfull writings against Se­ctaries, have received no other rewards of their labours then those that meddle with wasps. And therefore I will at present answer all their erroneous papers concerning Tithes, ostendendo veritatem, by holding forth the truth to all that will see it, the light whereof, if it appear not to them, it is because their mindes are either darkned through ignorance, or obstinated with errour; like those men who in a clear Sun-shine see no light, because they are either na­turally blinde, or wilfully close their eyes. Veritas (saith the Philosopher) est index sui & obliqui. I shall therefore in this short discourse handle only two things.

• 1. That Tithes are justly and lawfully due to Ministers under the Gospel.
• 2 .That those Ministers have a just remedy in Law to re­cover them in all places, and particularly in London.

[Page 3]For the opening and understanding of the first, it would not be impertinent to handle four things.

• 1. The originall of Tithes.
• 2. By whom, and to whom they ought to be paid.
• 3. Out of what things they are to be paid. And
• 4. By what right Tithes are due: wherein there is a great controversie and a large dispute between the School-men, the Canonists, the Civilians and Casuists, whether Tithes be due jure Divino, or jure Canonice, or jure Impera­torio, or jure mixto. But I intend a short discourse, and not a volume. All these things are handled at large in Summa Rosella, and Summa Angelica, in Azorius, Navarra, Rebuffus, Linwood, and others; and therefore. I shall passe them over, all of them agreeing in this, that Tithes are rightfully due to Church-men, and the detension of them is no lesse crime then sacriledge. I will only apply my self to shew by what right the endowment of Churches by Tithes and Glebe are due here in England, a Nation that exceeds any in the world for liberality and bounty to Clergy-men (which is an ancient and very proper name for Ministers of the Gospel ordained to that function, as I shall shew anon.)

For the clearing of which I shall lay down these grounds.

First, That in all ages of the world, as well in the time of the Gospel, as in the time of the Law, holy and devout men, not out of superstition or blinde zeal, but out of conscience and honour to Almighty God, whom they ser­ved, and in duty to him the supream Lord of their earth­ly substance, as well as of their souls and bodies, have ever given and bestowed upon him and his service, as a free gift, some part and portion of their goods and posses­sions. And the first that in the book of God we finde to [Page 4]have offered in this kinde, were two of the holiest men that ever trod upon Gods earth, Abraham and Jacob; the one the father of all the faithfull; the other of all the twelve Tribes of Israel; and that which they both pitcht upon in their gifts, were Tithes. For Abaham, saith the Text, gave to Melchisedech Priest of the high God Tithe of all, Gen. 14.20. and Jacob in his journey to Haran vowed a vow to God, that if he would be with him, and blesse him in that journey, Of all that thou shalt give (said he, Gen. 28.22.) I will surely give the Tenth unto thee. Whether these two Patriarks did this by instinct of nature (the very Hea­then, according to Pliny in his Nat. hist. lib. 12. doing the like) or whether by a divine comparison they thought it not as fit a proportion to give to God a tenth of their goods, as a seventh of their time; or whether there being at that time no law written, nor Prophet to instruct them, they were not taught of God so to doe (with whom they had familiarity by his frequent apparitions to them) and as a proportion which he afterwards would require and command to be given to Levi, one of their children, and to his posterity, out of which he chose the Priesthood, I will not now dispute it. After this, they and their poste­rity built Altars and Tabernacles to God, and Solomon built him a sumptuous Temple, the glory of the world, and the infinite riches that were given to these in Cedars, Shittim wood, marble, brasse, iron, silver, gold, preci­ous stones, &c. are invaluable. In the time of the Go­spel, and at such time as the Church was in persecution, as in the times of the Apostles (all of them suffering mar­tyrdome, saith Dorotheus, but John the Evangelist) the first Christians sold▪ all their possessions, and gave the price of them to God, laying them down at the Apostles feet, Act. 4. And since the daies of persecution, when [Page 5]the Church of God had rest and peace, those most Chri­stian Emperours Constantine and Theodosius, what by the Churches and Temples they built and dedicated to God, the large and liberal endowments of them with Glebe and Tithes, the honour and respect they gave to Church-men, the strict Lawes they made for the quiet enjoyment of those endowments, and against the alienation of them from the Church, have rendered them famous for piety and vertue to all posterity. And here in England, about an hundred years before, Lucius the first Christian King; and first anointed in the world, and divers more Kings of England, long before the daies of superstition (which I will not meddle with, abhorring superstition as much as any) followed the same patern, and the first words of their Charters and grants, began like that of Magna Charta, Mag Ch [...] ch. 1. Concessimus Deo & Ecclesiae.

2. The second ground is this, That the Law of God penned by Moses, concerning the paiment of Tithes to the Levites, from whom were the Priesthood, as to the letter of that Law, as it refers to a precise tenth part of the fruits of the earth, neither more nor lesse, and the manner of the paiment of it, in relation to the sacrifices of the old Law, is meerly Ceremoniall, and abrogated by Christ, who be­ing a living Sacrifice, put an end to these dead ones under Moses; but as to the equity of Tithes, that a competent portion (I doe not say, quota pars, a just tenth, but quan­ta pars, a fit maintenance) should out of the fruits of the earth be allowed for the livelihood and support of the E­vangelicall Priesthood under Christ, which came in lieu of the Leviticall Priesthood under Moses, it is morall and lasts to this day. This I prove by the Law it self, Numb. 18.21. Behold, I have given the children of Levi all the tenth in Israel for an inheritance, for their service▪ which they [Page 6]serve, even the service of the Tabernacle of the Congregation. This was the reason of that Law, now that kinde of Priest­hood being changed, and a better come in the room, and such who serve at a better Tabernacle, and at a better Al­tar, being Christ himself (for so he is called, Heb. 13.10.) and who offers a better Sacrifice to God then the Leviti­call Priesthood, even a Sacrifice of praise to God continu­ally, as the same Apostle speaks, Heb. 13.15. It is great reason that these, performing the same service in substance, should partake of the same, or like wages. This is the very Argument of the Apostle Paul, 1 Cor. 9.13, 14. Do not you know (saith he) that they which minister about holy things, live of the things of the Temple, and they which wait at the Altar are partakers of the Altar? even so hath the Lord ordained, that those which preach the Gospel, should live of the Gospel. This will better appear by comparing the Law of Tithes with other things under the Law, which are now abrogated by the Gospel as to the Ceremony, but as to the substance and morality remain to this day. I will, in stead of many, give but two or three instances.

• 1. The Law of the Sabbath by the fourth Command­ment, tied men to the observation of a seventh day, which seventh day the Jews observed from the first day of the Creation, this, as to that day, is now as much abrogated as the paiment of Tithes to the Levites; there is no precept in all the new Testament for altering of that day to the first day of the week, but only the constant custome of the Church, ever since the time of Christ. Is therefore the morality of the Sabbath gone? God forbid. Here might I take occasion to commend the Church of England above any reformed Church in the world, for the holy observa­tion of this day; but I will not digresse. And therefore, I say, as the morality of the Sabbath still continues, as to [Page 7]give God one day in seven for his worship, so, I say, the morality of the Law of Tithes, as to a fit maintenance for Gods Ministers that attend the worship, continues to this day in England, and I hope ever will.
• 2. The Law of Circumcision, as to the cutting off of the fore-skin of the flesh in Infants, is meerly Ceremoni­all; but yet the morality of it, as to baptizing of Infants, still continues, and yet there is no precept in the Gospel for baptizing of Infants.
• 3. The like instance is in the Paschall Lamb, abrogated as to that Ceremony, but still continues, as to the celebra­tion of the Lords Supper, which comes in the room there­of; from both which may be concluded strong inferences of reason for the continuance of Tithes in that sense I have expressed of them.

3. The third ground is this, that this way of main­tenance of Church-men by Tithes, is the most ancient, and the most just way that can be named.

1. For the first, it is as old as Melchisedech Priest to the Ancient of daies, and from the time of the Law; and all the time of Christianity, it hath continued a constant Church-maintenance thorowout Christendome, till the Reformation of Religion in the daies of Luther and Cal­vin. In those places of reformed Religion, where the Reformation was orderly, which are farre the greater num­ber, that kinde of maintenance continues to this day. But where it was done by popular tumult and power of the Sword, that kinde of maintenance was taken away, and with it the very Churches themselves, and the most part of their revenues.

2. Secondly, It is most just. There were three principle reasons why Tithes were to be paid to the Levites of the Law. The first, in respect of their persons. The second, [Page 8]in regard of their work. And the third, in regard of their wages.

1. For the first, The Law is given in Numb. 18.20. and Deut. 10.9. that Levi was not to have any inheritance in the Land, like the other Tribes; for that God was his part and inheritance, and they were his, and that they should wholly depend upon him, not upon the gifts of men; which he shewed, in that he gave them their maintenance by the encrease of the fruits of the earth, being an act of his immediate providence, all the men in the world being not able to make the smallest herb of the field to grow. And is not this the case of Levi under the Gospel? Are not the Ministers under the Gospel truly, and properly, and very anciently called, Clerus Domini, the Lords portion or inheritance, for these two reasons? First, As the Levites were separated from the rest of the Tribes for the Lords Sanctuary: So are Ministers under the Gospel separated from all the people by Ordination from God in imposition of hands. The Text for this is very plain, Act. 13.1, 2, 3. For when at the Church of Antioch certain Prophets and teachers were met; amongst whom was Barnabas and Saul (afterward called Paul) As these ministred to the Lord and fasted, the holy Ghost said, Separate me Barnabas and Saul for the work whereunto I have called them, &c. Here is the pro­per sense of the word [...], Gods lot or inheritance, in that they are separated by the holy Ghost to God, and to his service.

2. As the Tithes which the Levites received out of the fruits of the earth were called Gods portion: so are the Tithes paid to Church-men under the Gospel, frequently called Gods portion, or patrimonium Ecclesiae.

2. The second reason why Tithes were paid to the Le­vites, was for their work and continuall attendance at his [Page 9]Altar, for they were either praying or sacrificing, or preparing for the sacrifice all the day long, and therefore they were not to be troubled with plowing and sowing, and other labours that should hinder them from the San­ctuary. And doth not the same reason hold for Mini­sters under the Gospel? are they not in the work of the Ministery, to be instant in season and out of season. The ancient Fathers in the Primitive times (I will not say it is so now) were either praying or preaching, or writing, or studying, all the dayes of their lives, and medled not with secular businesses; And this is the reason why by the Statute of 21 Hen. 8. chap. 13. Ministers are not to take Lands to farm, under the pain of ten Pounds a Moneth, that they might not be distracted in their Ministeriall function, in preaching and teaching Gods Word, as it is exprest in that Statute: and this is the cause why the maintenance by Tithes was provided for them, as having the least distraction in it. A man may take Tithes (as the English proverb is, in his shirt) The meaning is, there is no plowing, nor sowing, nor mow­ing in the gathering up of Tithes: nor any such toylsom labour, as to wear out his old cloaths, nor at such a time of the year, as to put him to the charge to buy new.

3. The third reason is in respect of their wages, as their persons were to be holy, so their wages were to be just. The hire of a whore, and the price of a dog, was not to be brought into the house of the Lord, Deut. 23. If the payments had been made to them, or to Ministers now, in summes of money, they might have been the wages of bribery, extortion and oppression: But their wages were to arise out of the innocent and harmles fruits of the earth, whose naturall productions are not guilty of any manner of bribery or corruption.

[Page 10]4. My fourth and last ground is this; Admitting there were no Law of nature to warrant that duty, of giving part of our goods and possessions to God and his Church, nor no ground in Scripture to warrant that Law, yet when such things are by solemne and deliberate Acts of men, and sometimes by instruments under their hands and seals given to God, they remain the proper possession of God to the worlds end, and cannot be alienated, nor taken away from that pious use to which they were given; if they be, God accounts it as a robbery done to him. When things are given to God and his service, the pro­perty of those things are in God, and so he accounts of them: When Solomon built him a Temple, and dedica­ted it to his worship, God calls it his; My house, saith he, shall be called the house of prayer. And as God thus ac­counts of the things given to him, so was it the intent and meaning of all those that honoured him with these gifts to invest him with the whole property and interest of them: In which respect the stile of ancient Graunts and Charters runne according to that of Mag. Charta. cap. 1. We have given to God, for us and our heirs, &c. We know saith Charles the great,Cap. Car. lib. 6. that the goods of the Church, are the sacred indowments of God. To the Lord our God we offer and dedicate whatsoever we deliver to his Church: And the taking away of such things from the use they were gi­ven, hath been in all ages, and by all Lawes accounted Sacriledge.

And so was the Law of Nations, as appears by that Law of the 12. Tables, Sacrum sacrove commendatum qui d [...]mpserit rapseritve paricida esto: He that shall take away a­ny sacred thing, or that is given to a sacred use, let him be accounted a Parricide; And we know that Annanias and Saphirah were for this cause smitten with death, and [Page 11]the reason was given, because that after they had given the ownership to God, the price of their Lands was not their own. And who ever shall but read the solemn execrati­ons, used in those ancient Charters of Church-endow­ments, against those that shall alienate them to other uses: a man would wonder, how any man durst presume to fetch but a stick from that Altar to kindle his own fire; lest it should utterly waste and consume his habitation for ever.

We may observe by daily experience, in the ordinary cases of Charitable uses, upon the Statute of 43 Eliz. cap. 4. When Lands or goods are given by men for the mend­ing of a High-way, or the repairing of a Bridge, if the Trustees for this charitable use, shall turn this gift to their own private profit, it is in Law a misimployment, contrary to the intention of the donour, for which they forfeit their trust, and other men shall by the Commissioners be put in their rooms, and their estates shall be answerable for that misimployment: Nay if they bestow this gift upon a more pious use, as the repair of a Church, the mainte­nance of a Preacher. &c. yet this is a misimployment, be­cause it was not according to the minde of the donour, whose intention is in this case of such esteem in Law, that all Decrees made by Commissioners upon that Statute, if they be against the apparant intention of the donour are void, whose intention is so respected in Law, that rather then it shall not be performed, the fundamentall rules of Law shall not be observed: as to give one example in stead of many. By the rule of Law, Copy hold Land cannot be aliend but by surrender, but yet if. a man de­vise Land, not formerly surrendred to a charitable use,15 Iac. Rivers Case in Cane. yet this is good, and shall be construed an appointment to a Charitable use within the Statute of 4▪ Eliz. though [Page 12]by the rules of Law it could not passe without surrender. How much more is the Law of England carefull to pre­serve the endowments of the Church, given to the high­est uses, wherein the founders are so carefull to preserve them in the continuance of those uses, that you shall com­monly finde in the end of their Charters of grant, words to this effect; If any shall take away, or apply to any other use, that which I have here given, let him be Anathema, and let his account be without mercy at the dreadfull day of judgement, when he shall receive his doom from the Judge of Heaven and earth, to whom I dedicate the same.

And thus have I done with my Grounds, in all which, as likewise throughout my whole discourse, I desire to be only understood concerning Tithes and Glebe, being the only subject matter of this Treatise, and the only things now opposed by those Pamphlets.

These four grounds being laid, it will now be no dif­ficult matter to prove the first head I laid down, viz.

That Tythes are justly and lawfully due to Ministers under the Gospel.

First, They are due to them by the Law of the Gospel, that Law which the Apostle Paul calls the Ordinance of God, in these words, 1 Cor. 9.14. Even so hath the Lord ordeigned, that those which preach the Gospel should live of the Gospel: The reason of this Law is rendred in the verse next before, Do ye not know (saith he) that those which mi­nister about holy things, live of the things of the Temple, and they which wait at the Altar, are partakers with the Altar; Even so hath the Lord ordeigned, that those which preach the Gospel should live of the Gospel. So that the Law of Moses, and the Law of the Gospel agree both in this, that the Ministers of the Gospel are to have as due to them, a pro­portionable maintenance with the Levites and Priests un­der [Page 13]the Law: The Levites that ministred about holy things, they were to have of the Tithes belonging to the Temple, but were no offering of the Altar: The Priests that attended at the Altar, were to have as their due from the people (for so is the Law, Deut. 18.3.) of every sacri­fice offered on the Altar, whether Oxe or sheep, the shoulder, the two cheeks and the maw; even so the Ministers of the Gospel, are to have from the people, as their due, not as an alms, the Gospel maintenance, that is, those endowments of the Church, being for the most part Tithes and Glebe given by Christians to God and his Church, for the pro­pagation of the Gospel: And the equity and justice of this Law, the same Apostle confirms by many more rea­sons, in the six next precedent verses. First, From the Law of Warre, Who goeth to warfare, saith he, at his own charge? Secondly, From the Law of nature, Who feedeth a flock, saith he, and eateth not of the milke? Who planteth a vineyard and eateth not of the fruit? Thirdly, From the Law of God, ver. 8, 9. Say I these things as a man, saith not the Law the same also? For it is written in the Law of Moses, Thou shall not muzzle the mouth of the Oxe that treadeth out the corne. And from all these infers this conclusion, ver. 11. If we have sown unto you spirituall things, is it a great thing that we shall reap your carnall things? The later end of these words of the Apostle, Those that preach the Go­spel, shall live of the Gospel, are in the Originall, [...], and have this sence in the judgement of very learned Interpreters, viz. Those that preach the Go­spel, shall live of the gift or reward of the Gospel; for which they give two reasons: First, These words are an [...] to a [...] next before, and have this sence, that as those which wait at the Altar, shall partake of the gift of the Altar, so they that preach the glad tydings of the [Page 14]Gospel, shall live or the gift or reward due for those glad tydings. Secondly, The true and proper signification of the word [...] will bear it, for though in the New Testament it commonly signifies glad tydings, yet in ma­ny other Greek Authours, it signifies a gift or reward for good tydings. That text of the 2 Sam. 4.10. as it is ren­dred in Greek by the Septuagint, leaves no place for con­tradiction; where King David speaks thus to Rechab and Baanah, who brought Ishbosheths head unto him; When one told me (saith he) Behold Saul is dead (thinking to bring me good tydings) I took hold of him and slew him in Ziglag, who thought I would have given him a reward for his tydings, for these words (I would have given him a reward for his tydings) the Greek is [...], cui oportuit me dedisse euangelium: The vulgar latino renders it, mercedem pro nuntio: The Chaldee Paraphrast, Donum boni nuntij; the reward of good tydings: Many more Authours might be quoted, where that word [...], or glad ty­dings, is taken for a gift or reward of them, which for bre­vities sake I shall omit.

Secondly, Tithes are due by the Law of Reason, from which law the Imperiall lawes which are very severe in the enjoyning the payment of Tithes, derive their prin­ciples: to which law of Reason most Nations in the world, Pagan as well as Christian, have consented in the payment of Tithes, to men employed about the ad­ministration of holy things: Especially Christian Nati­ons, as might abundantly be shewed. It is true, that with­in this last hundred years, some few Reformed Church­es have taken away from the Clergy their ancient en­dowments of Tithes and Glebe, to their own use, and have allowed them in liew rhereof, certain yearly sti­pends not answerable to the huge fleeces they took from [Page 15]them, as may appear in divers Countrey dorpes or villa­ges in Germany, the Palatinate and else where, by which means the Ministers in those places are become very ig­norant and poor, and that ignorance occasioned by their poverty in wanting money to buy them books, and their preaching as well as their persons despised (A contemp­tible maintenance making a contemptible Ministery) This calamity learned Gualter saw and lamented in his time, complaining that not onely Papists, but such, Qui Religionis sectatores videri volunt, tamen opes ecclesiasticas, sacrilega manu ad se rapiunt: even such (saith he) as would seem to be professors of true Reformed Religion, yet do with sacrilegeous hands take the Church-goods to them­selves. Whence he foretells, that it will come to passe, ut Scholae frigeant doctissimi qui (que) dilabantur: That the Schools will every where be neglected, and learned men utterly decay: Whereas here in England, by means of better maintenance of the Church, allowed to Ministers as their own, and not dependant on the people, (agreeing to that law of reason I spake of) their persons are more esteemed and loved, their preaching more learned, laborious and effectuall, and the Word of God more graciously and fruitfully received then in any Nation in the World.

Thirdly, Tithes are due by the Positive Laws of the Land, and have been due to Church-men ever since Christianity was planted in England.

These positive Laws derive as much from the Law of Reason as any Laws in the world, insomuch that it is a maxime in the Law concerning Tythes, that they are due of Common Right, de Communi Jure, and that therefore a prescription de non decimando, to pay no manner of Tithes, is against Common Right or Common Reason, and therefore void. This Law concerning Tithes, is like­wise [Page 16]established and confirmed by many Acts of Parliament, of which I will only name six: The Sta­tute of 13 Ed. 1. called Circumspectè agetis,: The Sta­tute of 9 Ed. 2. called Articuli Cleri: The Statute of 27 Hen. 8. c. 20.32 Hen. 8. c. 7. 2 Ed. 6. c. 13. and the Sta­tute of 37 Hen. 8. c. 2. for Tithes in London.

Having thus proved the Right of Tithes, I come now to the second head, being the Remedy at Law for the re­covery of these Tithes when they are deteined.

Remedy and Right do usually go together at Com­mon Law:2 Head. That Right which is in Law called Reme­dilesse is very rare, and happens only in such cases where­of there hath been no precedent seisen or possession, which falls not out in the case of Tithes, of which there hath been a constant seisen and possession in the Church of England: But the remedy for Tithes were anciently in the Kings temporall Courts, Mic. 7 Ed. 1. rot. 21. Lin­wood de Fore competenti. 71. Co. 2. Instit. fol. 489, &c. 18 Ed. 3. c. 7. (as it was by the Imperiall Laws in the Civil Courts of Emperours) sometimes in the Sheriffs Turne, sometimes by scire facias in the Chancery: And the Right of Tithes were likewise tried in the Kings tem­porall Courts, as by the ancient Writts of De recto de Advocatione decimarum, and the Writt of Indicavit may appear: The first Statutes that annexed Tithes to the Ec­clesiasticall Courts (agreeing therein with the Common Law) are the Statutes of West. 2. cap. 5. and Circumspe­cte agatis, made both in one year, viz. 13 Ed. 1. The next Statute is 9 Ed. 2. called Articuli Cleri: but because the remedy in the Ecclesiasticall Courts, went no further then spirituall censures, the highest whereof is Excom­munication, numbers of persons cared not to hazard their souls so they might save their Tithes. And to this purpose [Page 17]is the expression of the Act of Parliament of 27 Hen. 8. cap. 20. That whereas numbers of evil disposed persons, ha­ving no respect of their duty to Almighty God, but against right and good conscience, did withhold their Tithes due to God and holy Church, as is in that Statute more at large ex­pressed: By which Statute it is provided, that if any per­son refuse to obey the Processe of the Ecclesiasticall Court for the payment of Tithes, that then upon com­plaint or information of the Ordinary, to any of the Lords of the Councel, or by two Justices of Peace, whereof one to be of the Quorum in the County where such offender dwelleth, that then the said Lord of the Councel and two Justices, shall commit such offender to prison, with­out bayl or mainprise, untill he shall put in surety by. Re­cognisance to such Councellour and Justices of Peace, to obey the Processe of the Ecclesiasticall Court.

The like remedy is given by the Statute of 32 Hen. 8. cap. 7. for a lay person Farmor of Tithes, by two Justices of Peace, after definitive sentence in the Ecclesiasticall Court, for the recovery of the Tithes withheld and sub­stracted against any person refusing to obey the said sen­tence.

The Statute of 2 Ed. 6. cap. 13. decides the suit for Tithes, to be partly in the spirituall Court, partly in the temporall Court of the King; for personall Tithes, as Wool, Lamb, Flax, Hemp, Apples, &c. the suit is only in the Ecclesiasticall Court; but for prediall Tithes, as Corn, Grain, Hay, &c. the suit may be either in the Kings temporall Court by action of debt for the recovery of the treble value, or in the Ecclesiasticall Court for the double value.

And this was the Law for the recovery of all Tithes whatsoever in the Kingdom of England, till the Statutes [Page 18]of 27 Hen. 8. cap. 21.37 Hen. 8. cap. 12. did alter the course of Law for Tithes of the houses in London, which I come now to speak of.

To speak properly: No Tithes are to be paid out of houses; for Tithes, by the Law, are out of things that in­crease, not out of things that diminish; out of things that grow, not out of things that decay: But because Houses are built upon Lands, out of which Tithes issued, compo­sitions were made by the owners of such houses with the Incumbent, for a yearly rent or summe to be paid to him, in liew of Tithes for the ground on which they were built;11 Rep. D. Grants Case. this composition was called, a modus decimandi, for which they sued in London, before the Statutes of 27 Hen. 8. cap. 21. and 37 Hen. 8. cap. 12. in the Ecclesiasticall Court, as they did in other Cities and Burroughs thorowout England, but these two Statutes made an al­teration of the Law, and that the suit of Tithes should be before the Lord Major of London, & in his default, before the Lord Chancellour or Keeper of England; which is the reason why the Statutes of 27 Hen. 8. cap. 20.32 Hen. 8. cap. 7. and 2 Ed. 6. cap. 13. do make speciall provisoes and exceptions of the City and Inhabitants of London, concerning their paiment of Tithes.

It appears by the Statute of 27 Hen. 8. cap. 21. that there was much contention and strife in the City of Lon­don and liberties of the same, between the Ministers and Citizens of London, concerning the paiment of Tithes, oblations and other duties within the said City; for the appeasing whereof, a certain Order and decree was there­of made, by Tho. Cranmer Arch-bishop of Canterbury, and Tho. Lord Audley, Lord Chancellour of England, who made their Order and decree thereof about the Feast of Easter, Anno Dom. 1535. which was confirmed by the [Page 19]Letters Patents of King Hen. 8. and his Proclamation thereupon: Afterwards at the Parliament on the fourth of February, 27 Hen. 8. it was then enacted; That the Ci­tizens and Inhabitants of the same City, should from Easter next following, pay their Tithes to the Curates of the said City and suburbs, according to the said decree, untill such time as any other Order or Law should be made and confirmed by the Kings High­nesse, &c. and that every person denying to pay his Tithes, according to the said decree, should by the commandment of the Lord Major for the time be­ing, be committed to prison, there to remain, untill such time as he should have agreed with the Curate for the said Tithes; as by the said Statute already printed in the old Statutes at large may more appear: According to which Order and decree, the Citizens and Inhabitants of London, duely and orderly payed their Tithes to their se­verall Curates, for the space of ten years together, untill the 37^th year of Hen. 8. at which time divers variances and contentions did newly arise between the Ministers and Curates of the said City, and the Citizens and Inha­bitants of London, touching the paiment of the said Tithes, oblations and other duties; which strife did grow, not from any unjustnesse in that Order and Decree, but because certain words and termes specified in the said Order and Decree were darke and obscure, and not fully and plainly set forth, as by the Statute of 37 Hen. 8. cap. 12. may appear: Whereupon, as well the Pastours, Vi­cars and Curates of London, as likewise the Citizens and Inhabitants of the same, did voluntarily of their own accord, and meerly for the appeasing of the said strife then newly grown, submit themselves, to stand to such Order and Decree upon compromise, touching the pai­ment [Page 20]of Tithes, oblations and other duties within the said City and liberties of London, as persons whom they had mutually chosen for the appeasing of the said strife (being the greatest Lords and Officers of Justice then in the Kingdom) should make and ordain; viz. Tho. Cran­mer Archbishop of Canterbury, the Lord Wryothsly, Lord Chancellour of England, Thomas Duke of Norfolke, Lord Treasurer of England, Sir William Pawlet, Lord S^r John, President of the Councell, John Lord Russell, Lord Privy Seal, Edward Earl of Hertford, Lord great Chamberlain of England, John Vicount Lisle, high Ad­mirall of England, S^r Richard Lister, Chief Justice of England, S^r Edward Mountague, Chief Justice of the Common Bench, and S^r Roger Cholmely, Chief Justice of the Eschequer; by which Statute it was enacted, that what Order should be made, or decreed and concluded by the said Archbishop, Lords and Knights, or any six of them, before the sixth of March then next following, concerning the paiment of Tithes, oblations and other duties within the said City and liberties of the same, and enrolled in the Kings high Court of Chancery of Re­cord, should be as an Act of Parliament, and should binde all Citizens and Inhabitants of London, and all Vicars, Parsons and Curates of the said City, and their succes­sours for ever: And that every person denying to pay Tithes or other duties, contrary to the said Decree so to be made and enrolled, should by the commandment of the Lord Major of London, and in his default, by the Lord Chancellour of England, be committed to prison, there to remain, till such time as he or they should have agreed with the Curate or Curates for his or their Tithes, as by the said Statute may more appear, eight of which ten persons made their Decree accordingly, the 24. day of [Page 21] February, in the year 1545. (Thomas Duke of Norfolke, and S^r Edward Moumague were only left out) which De­cree I affirme to be enrolled in the Court of Chancery, and a true Copy of that enrolled Decree, is at this day printed with the Statute of 37 Hen. 8. And I make no doubt, but the City of London hath likewise an exem­plification of that inrolled Decree under the broad Seal: And though M^r John Claydon, by M^r Norburies direction, searching in the Chappel of the Rolls could not finde it, doth it follow therefore, that an other Clerke cannot finde it? Or if it cannot at this day be found, doth it fol­low in the negative, that never any such Decree was en­rolled? How many printed Statutes have we at this day, by which the Judges of the Realm do adjudge cases in Law, of which the originall Records cannot at this day be found? and the like hath been of this printed Decree for these hundred years, without reference to the Record in Chancery.

But admitting there was never at all any such enrolled Decree, will it therefore follow, or will any Lawyer af­firm, that then there is no remedy for Tythes in London? doth not the former Decree of Archbishop Cranmer, and the Lord Chancellour Audley then take place? For that Decree is not repealed by the Statute of 37 Hen. 8. by any words in that Law, but was to continue in force, till the Decree upon arbitrement and compromise was made; if this later was never made, then that former Decree con­tinues still; and if that former Decree was extinct and gone, to which the Provisoes in the Statutes of 27 Hen. 8. and 32 Hen. 8. do only refer, then Tithes in London, are due and paiable as formerly by the Ecclesiasticall Law, so that quacun (que) via data, there is a ready and certain remedy for the recovery of the Tithes of Houses in London: So weak [Page 22]and feeble are those weapons which are lifted up against the force & strength of truth, which I hope I have cleerly layed open in the point of Tithes, both for the Right and for the Remedy, even to the Pamphleters themselves, un­lesse they will caecutire ante solem, as the Proverb is. And therefore they begin to shift their weapons, and in stead of arguments against the Statute of 37 Hen. 8. and the Decree of Tithes upon it, they slander down-right that very Parliament of 37 Hen. 8. I abhor to do them the least wrong, and therefore I will quote the very words of one of their champion Pamphlets, like another Goliah of Gath, called The Inditement of Tithes. By the many scandals and errours but of one passage in that book, you may easily judge what to thinke of the truth of all the rest contained in that Pamphlet. The words to the Lord Major, among other reasons and grounds against Tithes, are these; May it please your Lordship to take into consider­ation, what an over-ruling hand King Henry the eighth and his Privy Councel did bear over the Parliament at that time, which as it appeared in other things, so especially in this of Tithes, in Anno 37 of his reign, prevailing so far, as to in­duce that Parliament to delegate their power in a matter of so great concernment to the then Archbishop and other Lords and Knights, Enacting that whatsoever they should decree therein, should binde at the Citizens for ever: an unheard of strain of Parliament, to confirm (with reverence we speak it) they know not what, and which to this day hath had no other confirmation: In which Decree, we pray your Lordship to ob­serve the ignorance and superstition of that age, that followed the steps of their erroneous predecessours, both in Episcopacy and Tithes, without comparing them to the word of God; also the unequall dealing of those entrusted, providing that great mens dwelling houses should be free from Tithes; whereby it [Page 23]may appear, this Decree or Law for Tithes (if it deserve to be so called) is not so valid or reasonable as it is generally concei­ved, and however ought not to be pleaded or stand in force, a­gainst the word and minde of God.

1 In which words you may observe these scandals and untruths: First, Where the Lord Major is desired to con­sider, what an over-ruling hand King Henry the eighth and his Privy Councel did bear over the Parliament at that time, which as it appeareth in other things, so especially in this of Tithes, in Anno 37 of his reigne, &c. There are no lesse then these three slanders. First, of the person of King Henry the eighth, who did nothing in this businesse of Tithes, but as a tender father to the Citizens of London, who loved him and he them, not as an overbearing Prince; for it appears plainly by that Statute, that it was an Act of grace in him; the words are these; To the intent to have a full peace and perfect end between the said parties, their heirs and successours touching the said Tithes, ob­lations and other duties for ever; Be it Enacted, &c. Se­condly, of his actions, making him in this matter of Tithes, and in other things to be unjust, not naming the things; which in that those things not named, are referred to the businesse of Tithes, wherein he did no wrong, it increases the slander. Thirdly, of his Privy Councel, who as appeareth plainly by the Act, were only used as refer­rees and arbitratours chosen by the Pastours, Vicars, Curates, and Citizens of London, for the ending of the strife amongst them concerning Tithes, and made their Decree accordingly.

2 Secondly, Where it is said by the Inditour, that King Henry the eighth and his Privy Councel, prevailed so far as to induce that Parliament to delegate their power in a mat­ter of great concernment, to the then Archbishop and other [Page 24]Lords And Knights, Enacting, that whatsoever they should de­cree therein, should binde all the Citizens for ever; an unheard of strain of Parliament, to confirm (with reverence we speak it) they knew not what, and which to this day hath had no other confirmation. In which words these scandals and untruths are to be observed.

1 First, There is a grosse scandall upon that Parliament, and upon all Parliaments in generall, as to charge them with a delegation of their power to a few, a thing against the Honour and dignity of a Parliament, to transfer that High power with which the Law hath intrusted them to a few, as may appear by the Parliament Roll of 1 Hen. 4. n. 70. which very thing by the printed Statute of 1 Hen. 4. cap. 3. chiefly occasioned the repeal of the whole Par­liament of 21 Ric. 2. And what a strange unlimited pow­er that Parliament committed to a few persons, may more particularly appear by the Statute of 21 R. 2. cap. 16. in the old printed Statutes at large, to which I wholly remit the Reader.

2 Secondly, It is not only a scandall, but a notorious un­truth, to charge that Parliament that they Enacted and confirmed they knew not what. For

First it appears plainly by that Statute, that the matter was only concerning Tithes, oblations and other duties within the City and suburbs of London.

Secondly, the Names of those Lords and Knights, to whom the differences concerning those things were refer­red, are particularly mentioned in that Statute, and their persons particularly known to that Parliament.

Thirdly it appears by that Statute, That the Ministers and Citizens of London, did voluntarily submit them­selves, and the differences between them concerning Tithes, &c. to the decree and arbitrament of those persons.

[Page 25]Fourthly, that those Arbitratours are limited and tied up to a former Order of the Lord Chancellour Audley, and the Statute of 27 Hen. 8. upon it, concerning the Tithes of London, for it appears plainly in the Statute of 37 Hen. 8. that the differences about Tithes, did not arise from any matter touching the substance of that former Order, but from certain ambiguous words, and obscure termes in it not plainly set forth, whereby it is evident and cleer, that that Parliament did particularly know what it did, but the Inditour did not, when he laid so foul and false a charge upon that Parliament.

3 Thirdly, where the Lord Major is desired to observe in the Decree, The ignorance and superstition of that age, that followed the steps of their erroneous predecessours, both in E­piscopacy and Tithes, without comparing thins with the word of God: Therein there is a double slander;

First, of that whole age, that in the business of Tithes did nothing according to the word of God: when as it appears plainly by the Statute of 27 Hen. 8. c. 20. That that Parliament, being the best representation of that age, did compare Tithes with the word of God, and the non­paiment of them, to be first, a detestable enormity, se­condly, against right and a good conscience, thirdly, against mens duty to Almighty God, as may more appear by that Statute.

Secondly, it is a particular slander of the then Arch­bishop of Canterbury (for there was no other Bishop mentioned in that Decree,) as if he followed the steps of his erroneous predecessours in ignorance and supersti­tion, when for that very cause he was persecuted to death, by only such kinde of Bishops whose steps he is surmi­sed to follow; a man so holy, that even M. Brightman himself (no friend to Bishops) doth make him to be that [Page 26]Angel in the fourteenth Chapter of the Revelations, Lib. A [...]o­calyp [...] A­po [...]alyp­seos. that in the meaning of the holy Ghost, had power over the fire. And whereas he is supposed by the Inditour, to follow the ignorance and superstition of that age, as not to compare things with the word of God, I have seen a Treatise of his against Stephen Gardener Bishop of Win­chester, wherein lie professeth that the word of God was the Rule that guided him in the Reformation of Religion, wherein he had a chief stroak, both in the dayes of King Hen. 8. and King Edw. 6.

4 Fourthly and lastly, whereas the Lord Major is de­sired to observe the unequall dealing of those entrusted, pro­viding that Great mens dwelling houses should be free from Tithes. It is as great an untruth as it is a grosse slander; for the words of the Statute are these; Provided always, that this Decree shall not extend to the houses of Great men, or Noble men, or Noble women kept in their own hands, and not letten for any rent, which in times past have paid no Tithes, so long as they shall so continue unletten. Which proviso up­on the construction of the whole Decree, doth belong to all other men who had never letten their houses to farme, but kept them still in their hands, as was resolved by all the Judges of the Common Pleas,Co. 2. part. Inst it p. 6, 5. Mich 5 Jac. in a Case between John Scudamore and Robert Eyre in a Prohibi­tion against John Bell, and so hath that Decree ever been construed and taken: so that there was no self-respect, injustice or partiality at all in the Commissioners which made that Proviso in the Decree, as is untruly cast upon them by that Inditour.

The rest of all that Pamphlet is of no better stuff, but may wholly be reduced to these three-heads.

• 1. Manifest abuse and misinterprerations of the sacred Scriptures, common to all Sectaries and Innovatours.
• [Page 27]2. Notorious mis-quotations and misunderstanding of Authours, as of M. Selden, so. Husse, Pierce Plow­man, S [...] John Oldcastle, &c.
• 3. Grosse railing and reviling of mens persons, as namely of M. Thomas Clendon, by the name of Priest Clen­don, which he puts upon him as a terme of scorn, though revera, and in truth it be a name of Honour, for Priest is nothing else but an old english contraction of Prester in French, of Presbyter in Latine, and of [...] in Greek, signifying Elder in our english tongue, and is the very same Honourable name given to the four and twenty Elders,
  R [...]v. 4 4. [...].
  mentioned in the fourth and fifth Chapters of the Revelation, which are there described to sit about the Throne of Christ, clothed in white raiment, with crowns of gold on their heads, and golden viols in their hands full of odours, which are the prayers of the Saints. And besides this scorn, to render him more odious to the people (which is the studied designe against many good men at this day) he is reported by the Pamphleter, to be a conten­tious man, a sower of strife and debate▪ &c. as great an opposite as can be to a godly Minister of the Gospel (as I hear he is) being also a man of whom I cannot easily be induced to thinke any ill, having his education from godly parents and a religious School-master, and under as Orthodox, pious and powerfull a Ministery, as was (at that time I knew him) in Northampton-shire.

And thus have I, as briefly as I could, vindicated the lawfullnesse of Tithes, and the paiment of them to Mini­sters under the Gospel, sufficient I hope to satisfie any reasonable man that makes godlinesse his gain, not gain his godlinesse: especially such gain as taken from the Church and Church-men, will prove to the possessours of them, like aurumTholosanum, the gold of Tholouse, [Page 26] [...] [Page 27] [...] [Page 28]which beggered all those men and their families that had any of it;Numb. 5. or like the bitter and cursed water to the guilty woman, which caused her belly to swell, but her thigh to rot; a very emphaticall and significant expression, noting a successive curse upon posterity, thigh, intimating so much in a Scripture phrase; as to give one instance for all, Gen. 46. v. 26. where it is said, that all the posterity of Ja­cob that came with him into Egypt, came out of his thigh; even so, though the revenews of the Church shall cause a swelling in their estates at the first, yet it will bring upon them, their posterity and estates, a rot and consumption at the last, according to that experimentall saying of Charles the Great,In Cap. Carul. lib. 2. c. 104. Novimus multa Regna & Reges eorum propterea cecidisse, quia Ecclesias spoliaverunt, res (que) eorum vastaverunt; we have known (saith he) many Kingdoms with their Kings brought to ruin, because they spoiled Churches, and made a prey of their revenews.

Much more might be said in confirmation of so well approved, and so ancient a truth as the Right of Tithes, which I do for the present purposely forbear, for that I am loth to call into question so solid, so setled and so well principled a verity, in so vain, so fickle, and so unca­techised an age, which at this day brings into dispute the most fixed Principles that are: a thing so abhorring to Aristotle (though but a Heathen,) that he would have such kinde of contentions to receive confutation, verberi­bus non verbis, baculis non argumentis. Besides, the eager contestation about Tithes, falls out at this day amongst such kinde of men as are not so conversant with learning and reason, as with ignorance and clamour, of whom Tacitus gives this character, which I will leave for others to english, plebi non judicium, non veritas, ex opinione multa, ex veritate pauca judicat.

[Page 29]I shall only for conclusion, desire these men to lay aside that gall of bitternesse with which they have hitherto overabounded, as incompetible with that spirit of meek­nesse that is required in true Christians; to suspect al­waies that truth which is not accompanied with peace: those men that have bitter envying and strife in their hearts, are in the judgement of the Apostle,James 3.14. lyars against truth, so that to strive against peace, is to lye against truth; to consider the infinite poverty and confusion that would be in the Church of England, if it should be quite stript of its ancient endowments: and lastly to remember the example of the Emperour Julian, who in the begin­ing of his reign, gloried in nothing more then in the pro­fession of Christian religion, in so much as he became a publike reader of holy Scriptures in the Church, and ne­ver fell into apostasie, till he fell to Church-robbing; whereby his persecution of Christians was accounted far greater then that of Dioclesian, who though he put far more Ministers to death then ever Julian, yet he did not occidere presbyterium, he slew not the Priesthood, is Ju­lian did, by depriving the Church and Church-men of their maintenance; whereupon in the opinion of The­odoret, after he had robbed the Churches of all their plate, and in a scoffing manner asked, whether those were sit vessels for a Carpenters son to be served with, God wound­ed him suddenly to death with an arrow shot from Hea­ven: exemplum audisti, cave supplicium, I have told them the example, let them take heed of the punishment.

I began this discourse with the Law of the Land, I will conclude it with the Law of the Gospel, being like­wise the Law of Moses and the Prophets, mentioned in the Gospel of S^t Matthew, cap. 7. v. 12. being the words of our Saviour in his Sermon on the mount, whatsoever ye [Page 30]would that men should do to you, even so do ye to them, for this is the Law and the Prophets. The people of England would think themselves much wronged, if Ministers should preach against their property of goods: and is not the same wrong offered to Ministers, when the people speak and write against their patrimony of Tithes? the same Magna Charta that confirms the one, establishes the other. Do is ye would he done by, is the Law of Moses and the Pro­phets: Render to every man his due, is the Law of Christ and his Apostles: Quod tibi sieri non vis, alteri ne feceris, is the Law of Nature and Nations; triplici nodo triplex cuneus, and such a three fold cord is not easily broken; if it should, I tremble to thinke of the misery and ruin that will fall out to a people or Nation at such a breach. The Lord make us all wise and just, in an age so wilfull and wicked.