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OVr gratious Soueraigne aimes nowise to prejudge any mans right, nor to vrge any man further than what hee is tyed vnto by Law: But only out of his princely care, of my benefite intends a reformation of all abuses, and first of Tithes; which is vnderstood to bee threefold.
First, the abuse of their dedication by him who only is proprietar therof, God, The tithes are mine, and I haue gi∣uen them to the Leuite, whereby is easily perceiued that the Pastors and Instructers in true knowledge, and the wor∣ship of God, are [ante omnia] to bee sustained, entertai∣ned and maintained, euery man in his place or degree of imployment, by whom the Church is builded, and euery particular person is formed a liuing stone for rai∣sing thereof, the chiefe corner remaining, Christ.
Secondly, of vplifting the same, whereby the fruites of the ground are subject to many inconvenients, part∣ly by the sloath, and partly by the malice of Tith-pos∣sessours the one beeing carelesse to separate the same from the stocke in due time, and the other maliciously refusing to doe it in due time; wherby the stock in these cold and Northerne partes are subject to the hazard of many inconvenients, by tempestuous weather: As also comming to Tithe, they bring with them such a confluence of men and beasts, like locustes ouershadow∣ing the face of the Earth, running through euery corne field, that the poore labourer of the ground is not able to see the destruction of his fruites, his body not beeing vbiquiter, and therfore cannot tell of what to complaine.
Thirdly, by vsurpation vnder the cullour of tithing to intromet with the stock, or a great part thereof, against all reason, law of God, and man: And for reformation of these abuses, Willes that the parties justly grieued, giue in their best ouertures unto your LL. of whose due∣tiefull care his Majestie rests sufficientlie assured.
THE Church is heerewith well pleased, for howbeit
it bee without contraversie, that the Tith is the Lords, and by him giuen to the Levite: and therefore may not vnjustly bee acclaimed by the Pastours, successours to their function, hauing the charge of Gods Taber∣nacle. Yet considering that their office is not naturally hereditarie, but by grace and election. And therefore their present maintainance is only to be desired; since their na∣turall successours (as they are their naturall successours) haue no right to their spirituall possessions: as the Levites, whose children were Levites, whereby all the Church goodes were euer possessed by Church-men.
Againe, considering that they are not restrained from purchasing possessions amongst their brethren the Laicks, as the Leuites might not inherite nor possesse any pos∣sessions among the other Tribes, whereby the superabun∣dance of goods, if any they had; of necessitie behoved flow backe to their brethren the Laicks from whence it sprang: otherwise their commodities beeing great, and their la∣bour easie in purchasing the same, they might happily haue conquered all their brethrens possessions, and so twelue Tribes should bee reduced in one: And therfore since they are not thus restrained, they desire no more but a competent allowance according to his Majesties royall intention aboue specified.
As also, they are content that the superplus bee in his Majesties Power to bee employed for the publicke be∣nefite of the Kirke and common-wealth, and for recom∣pensing in some sort of such particular persons as his Majestie out of his royall disposition shall thinke him∣selfe in conscience tyed to considder, in respect of the forme of their acquiring of possession of Tythes, howso∣euer the right cannot stand in Law. But first of all they
desire your LL. consider, how nothing is more necessare for instruction in Knowledge, and the worship of God, than the knowledge of letters, the first medium whereby a man, or rather the Jmage of God potentiall, is reduced in act. And therefore it is very requisite that every man bee instructed in his youth in the first degree thereof, which is reading, whereby hee is not on∣lie able to see the ground of all their doctrine [the Scri∣ptures] whereof they are the explicators, but even to see them, and all explicatours thereof, in their best show from the beginning: and so may become a noble Be∣rean deseruing preferment before the Thessalonian.
For this purpose it is very necessarie, that no Paroche bee without a reader and instructer in reading; the prin∣cipall entrance to true vnderstanding. The next degrie of letters, is the vnderstanding of subtilities and schoole questions, whereby the deepe of Theologie and Phi∣losophy may bee dived into. This is not so necessare to bee commonly instructed in euery Paroch, Yet it is very necessarie it be sufficiently instructed within this Kingdome, wherby the enemies of Gods flock may finde to their feare not only barking but byting Dogs keeping the Folds. For this purpose it is necessare that Colledges or seminaries bee erected and provyded for, in some the most eminent parts of the Kingdome.
Thus for the generall overtures at this time when your LL. shall think good to put the same in practise, J shall more particularly giue ouertures [de modo.]
THE Barrons with all humilitie would beg this re∣formation, and craues no other favour. For howbeit
the heeretofore vnjust imployment of tithes, may not vnjustly furnish them a ground to protest against all pay∣ment of tyths, and desire a libertie to contribute among themselues for the entertainment of their instructers: yet their hearts can neuer harbour such a thought, when once they remember. First, how forcible nature forces from vs that duetie. For who is so beastly minded or so sensually addicted, to the only care of his sensible part that will not bee content to count with himselfe till hee can count no further, and of all that count pay but one for the nourishment of his Soule? Now who is able to reckon aboue ten? Who then shall bee so beastly as to refuse one of ten, except hee bee idem with the beast? what is more to bee said heereanent, J referre to the more learned Pithagorean.
Secondly, when they considder the antiquitie of this due∣tie which Cain and Abel are thought by some to haue payed by their offerings: but it is specially expressed they were payed in the days of Abraham, where the authorities both of the giuer and receauer is notable, viz. the first Fa∣ther of the faithfull is the giuer, the receaver wherof is the Priest of the most hie God, without Father, without Mo∣ther, without kinred hauing neither beginning of dayes, nor end of time; not that he was without them all in re∣spect of nature: but in respect of his supernaturall inter∣nall separation from all thinges carnall and temporarie to teache moste high Mysteries for accomplishing the will of God, wherein was his only confidence, de∣lyte and solace: and so the doers thereof his only kin∣red, and therefore is likened to the sonne of God, who professed the doers of Gods will to bee his Mother, Brother, and Sister, hee also is called King of right∣wysnesse;
and after, his dwelling Citie is said to be Salem, which is peace; for true wisedome is euer King of peace. But thirdly and most of all, when wee remember his divine majestie, by whom they are acclaimed, who (as a type of that eternall Priesthood, wherevnto the true Melch••sedecke was internally separate) did externally se∣parate the Levite, to whom they were giuen for their entertainment alanerly. Or what was more, to bee ea∣ten by the stranger the Fatherles or the Widow: and on no wayes to bee imployed for their further enriching than present necessitie.
Those things considered, they euen feare to think of witholding the same, like as J thinke euery man should tremble to intromet with the same, or intrometting ther∣with, should dare to employ it for any private vse, to en∣riching his Children, or acquyring new possessions: but I leaue every man to his own conscience; for they (being cō∣scious to themselues, that the Tithes belongs not to them) will none of them, howsoever they bee used. And therefore I will onely proceede to their ouertures for reforming these abuses noted by our most gratious So∣veraigne. Of these abuses concerning them in parti∣cular, the first is by the sloath and malice of the Tithe possessours, and by the vnnecessare confluence of men and beastes, the time of Tithing.
The first part of this abuse is in some sort already prouided for, by that statute. 22. Parliament 28 June. 1617. Act 9. But if your LL. think it better that the Tiths be valued, and according to their valuation, euery Heretour to pay for his owne Tith, J shall be glad to haue it aggried vpon. The se∣cond part of ••••is abuse is easily helped, the vnformall form of tything being reformed. For it carrys no reason that the
Tith possessour, should (with the Tith corne;) carry away also the strae, which belongs nothing vnto them: for it is no encresse to the owner, since it is ordained to rott vpon the ground for maintaining the same in the owne strength: and is only taken from the ground of necessitie, for better collecting the cornes: wherefrom beeing once separate it is againe sent vnto the ground, which is ther∣by the better enabled to yeild her encrease; wherof the be∣nefite redounds aswell to the Tithe as to the stock, and so no man is loser. But if some object; the straw is vsed for fodder and entertainment of beasts in this Country. J answere, in that same respect it ought to bee free of Tithe, because it is the foode of the labourer for it feedes the beastes that tille the ground: and there can bee neither law nor reason why either the hyre or food of the labourer should pay tith: especially these by whose labour the tith it selfe is encreased. Nei∣ther haue I heereby any designe to stay the tithe pos∣sessour from leading his tithe in the sheaue, being doubt∣full to haue a good count thereof out of the labourers barne-floore, a certaine yearly valuation not aggried v∣pon. They only desire, that the tithes may bee led, and set in the labourers Barne-yard, that when the corne is separate from the straw, the straw may remaine with the labourer as proprium fundi. And for this cause, euery man shall bee astricted to lead home the Tithe, to the vse of the Tithe possessour; as also to furnish sufficient Barns for threshing the same at needfull times. So shall this con∣fused confluence bee needlesse.
For reformation of this abuse: they desire a declara∣tion may bee made what is tithe, and what is stocke,
that a valuation of the Tithe with the stocke may also bee more easilie aggried vpon. Now if any man in esti∣mating of tithes, can both say and thinke that the Tith is in value a fourth part of the land duetie, I wold glad∣lie heare his argument in reason, for J haue no Logick to proue in Arithmetick the tenth to be the fourth part. But if it shall bee answered, the tenth of the stock, and encresse will be the fourth of the free encresse, (for with∣out it bee free it is no encresse.) To this J answere: the tenth of the stocke will bee more than the halfe, if not more all the encresse: for if it bee lawfull to tithe any part of the stocke with the encresse, it is lawfull to tithe all the stock, and consequently, the oxen, horse, nolt, kyne, calfes, yowes, lambes, and all must bee tithed, since all is either stocke or encresse, yea, the very ground it selfe must bee tithed, for it is also a part of the stocke. And this J hope beeing vsed but few yeares, the contestation for tithes will expire [ipso facto] Now as this is against all naturall reason, so it is without any speciall Law, for the law of Tithes is plaine,* 1.1 Thou shall truely tithe all the encresse of thy seed, that the ground bringeth foorth yeare by yeare. By what law then is the tithe of the stocke vsur∣ped? It will perhaps bee said it is a common practicke in our Judicatories so to determine. But I answere, as it seemes not good that the equitie of euery practick should bee narrowly searched vnto▪ so it is lesse good that e∣very practick whereof the equitie is not narrowly sear∣ched into, should bee esteemed a law for the common well. But of what reputation shall the practicks of inferior Judges bee esteemed, when they agrie not with the pra∣ctick of the supreme Parliament? For in publick Parlia∣ment the practick is past, and a declaration made of the
validitie of tithes compared with the value of the land, read the statute. Ia: 6. Parl. 11. chap 29. where it is decla∣red, the tenth part of that duetie payed for the rowme, stocke and tyth should bee giuen to the tithemaster, and nyne partes to the King •••• Landslord or superiour. Is not this reason? or hath any judge in the Kingdome greater authority, whereby he may vilipend this practick, or pro∣ceed with another sort of valuation? or if they will doe, is not the sentence reduceable? since by the statute it is plainly ordained That all the Iudges and Ministers of his Majesties lawes within this Realme, judge and decyde accor∣ding to this statute, and no other wayes how oft that question shall bee moued. But I know some would build much, or rather in effect overthrow all, by these subsequent vvords, In the case foresaid. To the which I answere it lacketh ala∣nerly. But I will not trouble your LL. to dispute vpon such pen-dashes, whether they haue beene by accident, or of set purpose, either adjected or omitted, since I doubt nothing your LL. will easily perceaue the verie ordinance it selfe to be superfluous: for thus I reason,
Every Judge imitating a just and equitable sentence judgeth rightly.
But euery Iudge judging according to this sentence, i∣mitates a just and equitable sentence, Ergo,
The Major is cleare, the Minor shall be proven when J shall beare it publicklie denyed. What necessitie is there then of any ordinance for imitation heereof? euen asmuch as if a command should passe; That Fish should not liue without water, for the naturall element of an vpright Judge is equitie, whereof hee is no sooner sensible but with a gaping greedie appetite he followes vpon it, ther∣by refreshing his spirits, and strengthening his powers against euery storme.
But it will bee said the cornes haue beene in vse to pay tith both stocke and encresse. J answere, heere is the a∣buse: if there bee either law or reason for it, let it so con∣tinue: But if there bee neither law nor reason for it, reason it bee reformed. For euerie use, which was not so from the beginning requires reformation; yea, sometimes although it bee licenced by authoritie, as is euident by that dispute betwixt our Sauiour and the Pharises. Now it is cleare that this forme of tithing was not in vse from the beginning: for Abraham; (whom, as we are faithfull we claime for our Father▪ and therefore are tyed if not by Law, at the least by example to pay tythes) is said on∣ly to giue the tithes of the spoyle. Like as also this vse was never among the Iewes, for their Law is expresse against it, as is said. As for any vse crept in of late within this Kingdome: there was many causes for it, which now are not, and therefore deficiente causa, deficit effectus. First that statute. Ja. 2, Parl. 14. chap. 82.
Ordaining euery pleugh to sow a firlot wheate, halfe an firlot pease, and fourtie beanes, is nor as yet two hun∣dreth yeare old: whereby it may appeare how small vse there was for labouring for cornes, some two, three, or foure hundreth yeare before; which all is but a small time, in respect of that time, since tithing first began to bee in vse. Hence it is easily conjectured that the first cause of this use, to tith corne vpon the ground both stocke and encresse, was, because so small partes were laboured at the first, that the tith was not much regar∣ded: as also some choyse partes were only manurde, which beeing fertile in themselues, both by nature and long rest, yeelded such encresse, as the stocke and la∣bour were forgotten by the labourer, rejoycing in the
good successe of his new husbandry: whereas now the greatest part of the manured grounds will scarce free the charges, if the aire happen to be tempestuous: and euen in yeares of plentie, where the ground also is fertile, the third of the grouth can hardly be made free to the Land∣lord.
The second cause, whereby this custome hath beene continued, was, the zeale of the people; who were not only content to continue any custome, for commoditie of the Church-men, but even to dispone their particu∣lar lands and heritages vnto them.
But this I hope is by Pandora sufficiently cooled; since men are now in greater danger to bee esteemed eaters vp thereof, than to bee eaten vp with the zeale of Gods house.
The third cause, and connexor of all, was, the small or no damnage they found by so ouerseeing themselues for as all waters running to the sea, doe neither aug∣ment the same, nor diminish themselues. For as the Ri∣vers returne to goe vnto the place, whence they came; euen so, what they bestowed vpon Church-men reflowed a∣gaine vnto themselues; their poore, their orphants, wi∣dowes and strangers all finding hospitalitie with the Church: whereas now the traueller, at their ancient dwel∣ling house, in stead of that hospitable welcome, peace bee with thee; howsoeuer, let all thy wants ly vpon me; only ludge not in the street; shall find nothing of what he wants, but peace or if he happen to heare any noise, it shal be commanding him peace and without a peece to turne some other way.
But suppose these causes were not remoued: no volun∣tary ouersight of any abuse can enforce a perpetuall ob∣ligation to continue the same.
Jt will bee yet said, this custome hath beene long pra∣ctised in all countries, and by all Judicatories ap∣proven.
But this is easily denyed, for a great many parts, if not the most part of Christendome, haue neuer beene in vse to haue the tithe of their cornes drawne after this forme: yea, many parts are in vse only to pay some small acknowledgment, farre short of the worth of the tithe, of their encresse, and therefore, no further can bee ex∣acted of them according to the canon lawe, Illae deci∣mae necessario solvendae sunt, quae divina lege debentur, vel loci consuetudine approbata, whereby it is evident that the moste that can bee craued is the whole tithes accor∣ding to the divine Law aboue-said: like as the least that can be offered is the accustomed or ancient duetie; neither will I disagree from that (indeed) judicious note of Card. Bellarmine, saying, Sicut consuetudo tollit legem, sic lex tollit consuetudinem. For it is verie true that the authoritie v∣pon just and necessare considerations, may abolish the vse of paying lesse than the Law, and command payment according to the Law. But to command anie more, can neuer bee done by any authority, at the least no authority can command to pay more in name of tith than according to the law of tiths. Much lesse it is reason that authoritie should suffer to bee vsurped and brought in cu∣stome, more than the Law, and against all reason. This (I am sure) will cut off all necessitie to value these tithes which of old hath beene valued, and according whereto the possessour hath beene accustomed to pay: who so list to detaine the same according to the pryce; as by the particular parties will easily bee defended in anie judica∣torie, remouing, sic volo,, sic iubeo, stat pro ratione volun∣tas.
From the rest, neuer more can bee required, but ac∣cording to the divine Law abouesaid.
But I suppose this alledged custome hath beene indeed long vniversally approuen by all Judicatories, and pra∣ctised by all Countries: then say I, there hath the more need of a reformation to be begun in some Judicatory, and in some Country: and by what Judicatory more proper than this? since for this, and such like, your LL. are conveened. Can any ordinance passe for the bene∣fite of the common weale, forcing a titular to set accor∣ding to the valuation, that which in Law hee may ju∣stly lifte without giuing any compt of the value there∣of? and shall all ordinances bee neglected for remeeding that common euill vsed by the titulars, vplifting that, wherevnto by neither law nor reason they haue right? This were but to divide, not to remeed wrong. Now as heere is the fittest Iudicatory to begin this reformation, so is this Kingdome the fittest to begin the practise therof. Haue we already proceded so far in so faire a course, for reformation of matters in substance, and now beginne to stay at straes? shall we continue an abuse, because it is the vse of our neighbours? legibus non exemplis vivi∣tur. Shall we not know our selues? Was not the woman caryed into the wildernesse vpon the great Eagles wings there to bee nourished till the tymes should bee per∣fyted? Was not this land vnknown to the then, tyranni∣call powers? or, if it was knowne, was it not knowne but as a desert, a wildernesse, yea, a wildernesse where the Lyon is King? hath the Church then beene so long nourished among vs? and shall wee produce no eui∣dence thereof to the World? or shall wee stay to pro∣duce any evidence, whereby it may be knowne, by whom
wee haue beene instructed. Is not the Lyon appoynted the Worlds reprouer, and refresher of Gods people? And shall he not first reforme what is worthy reproofe in his owne Forrest? But if any man doubt thus to apply the text: be∣hold the testimonies of antiquitie, whereby euen stones are beleeued to be metamorphosed into men. As for men to bee changed into stones is easie and common at the sight of a Gorgons head. Ovid, that neuer sufficientlie commended collector of antiquities, shews directlie that from the North must come the illuminators of blind Phi∣nius, and the banishers of these filthy abusers of princely food: which is more enlarged by that divine poet Ari∣osto. Doth he begesse ascriue vnto the English Duke the horriblie affrighting of that famell faction, cruell tyran∣nizers ouer those without whom themselues were nothing or worse? and (howsoeuer forsaken of his feareful friends) couragiously going on to the entrapping of Caligorant in his owne net; howsoever reserued aliue as a not vnfit drudge for building the walles of Jerusalem? the killing of O∣rillo; howsoeuer easily dismembered yet alwayes rejoy∣ned by the power of only one excrement of his head? The dissolving of the enchanted palace; how manifoldly soeuer his shape at the first appeare deformed, to the no∣tablie deceaued Jndwellers? Js without a ground ascri∣ved vnto him the banishing of the Harpyes, noble indeed vnsheathing his sword against them, but to small purpose till from the sound of his horne they hid themselues in Hell. No surely, for it is most certaine that the solide subject wherevpon all true Poets buildes, is laide by antiquity they are the planets of Heauen (of whom the Sun is the chiefe or rather the lyfe) The lightes of the earth. The re∣vivers of the dead, the renuers of antiquitie, the revela∣tors
of Fate, the heraulds of vertue, the vncasers of vice. And howsoeuer to the vulgar eye they seeme but erring starres, yet the more learned astrologi•• doeth ea∣sily perceaue •• most sweet harmony, most powerfull ef∣fects with most solide conclusions: for, beeing all con∣veened in their first house, all shall bee found to aggrie in one: for the daughter of antiquitie is vna, poore vna who long must wander to seeke relief for her beleagured parents against that direfull Dragon, till shee finde a S. George a Britaine by birth, but of fair•• land by edu∣cation. Behold, with what heauenly trumpets our com∣mission is proclamed. Shall wee then the now win∣ged twines of Boreas begin to frieze for feare, when our shout is able to kindle afreshe the powers of our Ia∣son? shall the booke of wisedome lye hid in the pocket? shall the horne of trueth hang mute on the Cassoke? Hou then; shall vertue forseeing her slauery bee able to escape the female yoke? how shall that double sta∣tured Gyant beeing stupified with feare bee forced to beare burdings for building our walles? how shall super∣stition bee shav•••• from the scalpe of errour? And how shall magnanimitie tyed in the darke be strengthened to burst his golden halter? that Astolpho in paradice being taught by S. Iohn, may returneing restore the sight of Senapo, and wit of Orlando to the vtter vndoeing of Pa∣gan-pride. Since thus wee see for what wee are borne, let vs couragiouslly follow our fate. Shall the poorest groome not spare to pushe his fortoun? And shall wee by destinie appoynted the 〈◊〉〈◊〉 of Gods house bee a∣basht of our office? No surelie: since the Almighty hath made vs divulgators of his Law, let the brightnesse of our face abash the more vulgar.
And now haue your LL. sufficient ouertures (groun∣ded vpon Law, and true reason) whereby custome may be reformed. But if custome bee growne to a second nature (which is too common in euil customs as the Prophet com∣plains Can the blackmore change his skin, or the Leopard his spots. No more can you that are accustomed to doe euill, doe that which is good) My passive body 〈◊〉〈◊〉 comport with the tims and so acquiesce; only protesting that which is now done bee not prejudiciall to a better reformation, when the Pla∣nets shall look with more myld aspect: Thus haue I faith∣fully delivered my charge for your LL. ease, and my owne health. But if any man shall suppose mee not to be what J professe: let noble Arthegall whose presence J long for, and who at length I hope shall proue master of this feast to the vncasing of Bragadochia, and resto∣ring Guyon to his horse and armour. Let him J say confront mee with another, professing the same name, but of a contrarie disposition.
Then shall your LL. easily know, Which of vs twaine are 〈…〉〈…〉 snow.
Your LL. totum RESPVBLICA.
Deut. 14.21.