To the READER.

THe eminent worth and dignity of this religious Knight needs not to be set forth by the praise or pen of any man; his excellent learning, piety, and wisdome, were very well known to the best living in his time; and his owne works published in his life, together with the great applause conferred on them, both at home and in forain parts by learned noble Parsonages, and great Princes, are testimo∣nies beyond all deniall, or exception. Among all other his singular deserts and works, there is none more illustrious, then his piety towards God, testified both in his holy course of life, and especially by his learned and godly Treatises, of the Rights and Respect due to Churches. Wherein he hath so accuratly proved, what is due to God, and to be rendred unto him, both for the time of his worship, and also for the means and places, wherein his worship is to be performed, that no true Christian, who embraceth the Go∣spel, but must acknowledge willingly his singular deserts and piety: His great knowledge in the Common Law of our Kingdome, and all other Laws whatsoever, divine or hu∣mane, ancient or modern, Civill or Canonicall,

renders him singularly judicious above many other, and a∣ble to deliver the truth when he descends to speak of humane Page  [unnumbered] laws and authorities, after he had first founded and setled his opinion upon the divine Law of God. Yet notwithstan∣ding his piety, learning, and moderation in all his expres∣sions, there wanted not a perverse spirit to oppose and scrib∣ble something against him, whereof hee tooke notice, and added a censure in his learned work the Glossary; and also among other his papers of this argument, he hath left a sufficient apology and justification of his former Treatise, which, is here published for satisfaction to all that be truly pious and well-affected sons of the Church of England.

For his larger work of Tithes, which he prepared long a∣goe, it is also here added, though in some few places imper∣fect, and might have been better polished by his own hand, if he had engaged himself upon it, and desisted from his greater works so much desired by many eminently learned both at home and abroad: yet rather then suffer the losse of such a testimony of his piety to God, and good affection to uphold the setled maintenance of Gods House and Ministers, to whom double honour is due, as the Apostle saith, it is* thought fit to publish it, as he left it, imperfect in some passages, and defective of such ornaments and arguments, as he could have added further, out of his store and abun∣dance: though what he hath here delivered is so compleat, as doth fully discover the ability of his judgement; and that these reasons and illustrations produced by him could hardly have proceeded from any other. Author, being agreeable to his expressions, style, and arguments delivered in his other writings. And at this instant it seems very necessary, in regard the humour and displeasure of many in the world, is now obstinately bent to beat down, root up, overthrow, and de∣stroy, whatsoever the piety and wisdome of our forefathers built and contributed in the Primitive times of their faith and conversion to Christianity, as if all they did, were Popish Page  [unnumbered] and superstitious, fit to be rooted up: and as if themselves had a Commission as large as the great Prophet had from God, and were set over the Nations and Kingdomes, to root out, and pull down, to destroy and to throw down, to build and to plant, Jer. 1. 10.

But if men will rest satisfied, either with proof from di∣vine authority, there wants not enough here to guide their consciences: or with humane Laws and Statutes confirmed, and fully enacted by many Parliaments, whereby they are now become ancient and fundamentall, as well as any other Laws, together with the constant course and practice of a∣bove a thousand years in our Common-wealth, there wants not here the testimony of all our ancient Monuments, Sta∣tutes, Deeds, and Charters of our Kingdome, Princes, and Noble men, which this learned Knight hath more fully and compleatly published in order of time, and in their originall Saxon-language, in his first Tome of our English Laws and Councels, for the first five hundred years before the Conquest, being his last work before his death. Whereunto when the second Tome (which he hath also finished) shall be added for the next 500. years after the Conquest, together with his learned Commentary upon all difficult and ancient rites and customes; there will be abundant proof from all hu∣mane Laws, and the authority of our Common Law, together with the practice of our Kingdome, in severall ages, that no man can raise a doubt or exception, that shall not receive satisfaction fully and clearly. As for the Laws of Israel, and the Heathens also in imitation of Gods own people, the Decrees and Canons of generall Councels, in succeeding times, here is also such abundant testimony produced, that no judicious Reader can refuse to yeeld his vote thereto, and approbation for continuance.

There is another noble and religious Knight of Scot∣land, Page  [unnumbered] Sir James Sempil, who hath so accurately laboured in this argument, and proved the divine right of Tithes from the holy Scriptures, insisting thereupon onely, and no other humane Authorities, or Antiquities, further then he finds thē to play upon the Text, pro or contra, (as himself saith in his Preface) that much satisfaction may be recei∣ved from his pious endeavours; having therein cleared some Texts of Scripture from sinister interpretations, and exactly considered the first Institution and Laws for Tithes, delivered by God himself both in the Old and New Testa∣ments.

If both these godly and learned witnesses of the truth will not serve the turn to convince the judgement of some ill-affected, they being both raised up by God out of both Nations, like to Eldad and Medad, among the people, ex∣traordinarily* to prophecy, and defend the truth, being mo∣ved and inspired doubtlesse by God himself, (besides those that belong to the Tabernacle) to uphold and maintain his own cause against the adversaries of his Church; yet they may well stop the mouths of worldlings and Mammonists from clamour and inveighing, and perswade them to ac∣quiesce upon the known and fundamentall Laws of the King∣dome: which areas ancient and fundamentall as any other, or rather more, because they concern especially the upholding and maintenance of the worship of God, then which no∣thing can be more necessary or fundamentall: and there∣fore the pious and good King Edward the Confessor, doth begin his Laws with the recitall and confirmation of the Ecclesiasticall Lawes, and particularly of Tithes, Church∣possessions, and Liberties thereof: A legibus igitur sanctae* matris Ecclesiae sumentes exordium, quoniam per eam Rex & regnum solidum habent subsistendi fundamen∣tum, leges, libertates, & pacem ipsius concionati sunt. Page  [unnumbered] Because thereby the King and Kingdome have their solid foundation for subsistence, therefore the laws, liberties, and peace thereof are first proclaimed and established.

And thus begins also Magna Charta,—Nos intuitu Dei, pro salute animae nostrae, ad exaltationem sanctae Ecclesiae, &c. and so also many other Statutes successively, pour le common profit de Saint Esglise & del Realm,* &c.

The possessions, tithes, and rights of the Clergy being thus setled, they may doubtlesse be enjoyed, having been freely collated (according as was foretold by the Prophets, Esay and others) by Kings, Nobles, and many good men,* fully confirmed by Law and Parliament, established by the possession of many hundred years: & that although in the be∣ginning perhaps things were not so commanded in particu∣lar, as any man else may enjoy lands, goods, chattels, gifts and grants whatsoever is freely collated, purchased, or ob∣tained by industry, or is freely given and bequeathed by Ancestors, or other Benefactors, although perhaps there be not divine right in speciall, to prove and justifie so much land, money, rents, or goods of any sort to be his due and right.

God did foretell and promise by the Prophet Esay, cap. 49. 23. that he would raise up in the Church of the redee∣med, Kings and Queens to be nursing fathers, and nursing mothers to his Church; that is, saith Calvin upon the Text, Magni Reges ac principes non solùm Christi jugum subierunt, sed etiam facultates suas contulerunt, ad erigendam & fovendam Christi Ecclesiam, ita ut se patronos & tutores ejus praestarent. Kings and Prin∣ces should give much Lands, Revenues, and great mainte∣nance for the worship of God, and his Ministers, attending thereon, which promise God abundantly performed by many Page  [unnumbered] and great Emperours, Kings, and Princes in all Countries after their conversion to the faith.

The donations, gifts, and buildings of Constantine the first, and great Christian Emperour born at York, and Helena his mother an English Lady, exceeding religious and devout, are famous in History, together with their buil∣dings and endowing of many ample and beautifull Chur∣ches in severall Counties of the Em∣pire.* Neither did he thus alone in his own persō, but he also gave leave to his subjects to doe the like, where∣by the Church was greatly enriched in a short time. C. L. 1. c. de sa∣crosanct. Ecclesiis, § Si quis au∣thent. de Ecclesia.

The gifts and buildings of divers other Emperours and Kings, as Theodosius, Justinian, Pipin, and Charles the great are end∣lesse to be repeated. When as any doth the like now, or repair old Chur∣ches formerly built, he is by some ignorant people tearmed Popish, or Popish affected.

The grants, buildings, and gifts of our own English Kings, Noble men, and Bishops, ever since our first conver∣sion, are famous in our Histories: especially of King Lu∣cius, and Ethelbert, the two first of the British and Saxon Kings: so also of Egbert, Alured, Ethelwolph, Edgar, Edward the Confessor, and many others in times following after the Conquest▪ (no Princes, or Nobles, being more boun∣tifull then ours in England.) Their Charters and Acts of Parliament are extant in the first Tome of our Councels by this Authour; and many are also mentioned by the lear∣ned Page  [unnumbered] Selden in his History. Now when Churches are built, and grants of lands, tithes, and oblations are freely given by great Kings, confirmed by severall Acts of Parliament, oftentimes renued and reiterated, as by the great Charter thirty times confirmed, and many other Statutes since, as also by the Text and body of the Common Law, which doth affirm Tithes to be due Jure divino: as is asserted by that ever honourable Judge and Oracle of Law, the Lord Coke, in the second part of his Reports, Dismes sont choses spi∣rituels,* & due, de jure divino.

Being thus setled and confirmed, and thereby becomming fundamentall Laws of the Kingdome, they may, and ought to be enjoyed peaceably, without grudging, or repining, ali∣enation or spoil, without casting an evill eye upon Gods allowance, and because he hath given the floure of wheat to make bread for his Sanctuary: whereof God himself giveth charge in the last vision of Ezekiel, contained in* the last four chapters, where he appointeth a third part of the land to be set forth for his Temple, Priests, and ser∣vants, besides the portions for the Prince, and for the peo∣ple; which vision for performance concerneth the Chri∣stian Church, and was never fulfilled in the Jewish State, as this Author and many others doe shew: and there God doth especially forbid alienation, selling or exchanging of his Temples portion, as being most holy unto the Lord, Ezek. 48. 14.

It concerns us therefore that live in these times of the Christian Church, when we see the ancient prophesie fulfil∣led by Kings and Princes, in giving much to the Church, to preserve Gods portion entire without alienation, spoil, or violence. The Primitive times of the Church, as this Au∣thour sheweth, ch. 6. as had not been since the very Creation: times wherein God opened the windows of persecution, and Page  [unnumbered] rained bloud upon his Church, as hee did water upon the world in the days of Noah, during the ten grievous per∣secutions in the first 300. years after Christ, so that no man must expect then to finde setled Lawes for Tithes, Lands, or maintenance of the Clergy, when the Emperors and Magistrates were Heathens persecuting the Church, and made many furious edicts for rasing and ruinating of Churches, which had been built by Christians in some times of intermission, as appears by Eusebius, when hee comes to the times of Dioclesian. Every good Christian, and almost every Clergy-man, lost his life for religion; no man did care or expect for preferment, maintenance, or dignity, save onely the crown of martyrdome, which ma∣ny thousands did obtain: The Church, saith this Author,* did all that while expose the dugs of her piety unto others, but did live her self on thistles and thorns, in great want oftentimes, necessity, and professed pover∣ty. Now those men that would reform all according to the pattern of the Primitive Church, and the Apostolicall times, do not consider, that the Clergy must be reduced again to the same condition of poverty, want, and misery, as formerly they were, if the pious and charitable gifts, and donations of Kings and Nobles, in the ages next succee∣ding the persecutions, should be taken away, and the an∣cient patrimony of Tithes abated, or subverted by the worldly and covetous practices of them that esteem gaine to be godlinesse. The kytes of Satan (as this Author tear∣meth them) have already pulled away many a plume from the Church in severall ages, yet thanks be to God, there be some feathers left to keep her from shame and naked∣nesse, if the sacrilegious humour of the times prevail not against her. And there is the more reason to hope and ex∣pect that we may enjoy our portion and tithes quietly, be∣cause Page  [unnumbered] we have so much lesse then the old Priests and Le∣vites received from the people: for they had severall tithes and oblations for themselves, for the feasts and for the poor, wherein they did share in a far greater proportion then is now required by the Clergy of the Gospel.

The learned Scaliger, Selden, and many others do prove apparently by instance of particulars, that the Israelites did pay out of their increase of corn much more then a tenth, even almost a fifth part for severall tithes and duties then commanded to them. I will recite M^r Seldens example, History ca. 2. § 4.

So that of sixe thousand bushels the Levites had in Page  [unnumbered] all 1063. whole to themselves: the Priests 159, and the husband-man onely 4779. He yearly thus paid more then a sixt part of his increase, besides first-fruits, almost a fifth: many of no small name, grossely skip in reckoning these kindes of their Tithes, saith M^r Selden. Observe how much (faith Chrysostome, speaking of the great* maintenance of the Levites) the Jews gave to their Priests and Levites, as tenths, first-fruits, then tenths again: then other tenths, and again, other thirtieths, and the sicle, and yet no man said, they eat, or had too much.

The Rabbins also reckon 24. gifts to the Priesthood, according as they are set down both by Rabbi Bechai, and R. Chaskoni, on Numb. 18. and so Jarchi on Gen. 29. 34. and in Talmud. in the Massech, Cholin. 133. f. 2. pag. in this order: i. The twenty four gifts of the Priesthood were given to the Priests, twelve at Jeru∣salem, and twelve in the borders: the twelve that were given in Jerusalem, are these, the sin-offering, the trespasse-offering, the peace-offerings of the Congre∣gation, the skins of the holy things, the shew-bread, the two loaves, the omer, or sheaf, the remainder of the meat-offerings, the residue of the log, or pinte of oyle for the Leper, the oblation of the thanksgiving, the oblation of the peace-offering, the oblation of the Ramme of the Nazarite. And these following are the twelve that were given in the borders: the great heave∣offering, the heave-offering, or oblation of the tithe, the cake, the first-fruits, the first of the fleece, the shoul∣der, the two cheeks and the maw, the first-born of man, the first-born of the clean beast, the firstling of the Asse, the dedications or vows, the field of pos∣session, the robbery of the stranger, Lev. 6. 5. Numb. 5. 7, 8. These are the 24. gifts that belonged to the Page  [unnumbered] Priesthood. But among these, there is no mention of the first-born of any unclean beast, but onely the Asse, and no mention at all of the tithe of cattell. Thus a learned* Author observeth out of the Rabbins.

All these severall tithes, oblations and duties were paid, not deducting nor accounting their charges and labour of the husbandman; and yet they among their aphorismes both divine and morall, doe tell us, that as the Masoreth is the defence of the Law: so 〈 in non-Latin alphabet 〉, Maigh∣sheroth seag Laighsher, that is, tithes paid are the defence of riches: so God promised, Mal. 3. Bring ye all the tithes into the Store-house, that there may be meat in my house, and prove me herewith, saith the Lord of hosts, if I will not open you the windows of heaven, and pour you out a blessing, that there shall not be room enough to receive it.

And one notes, that at this day, when they have no Tem∣ple, nor Priesthood: Qui religiosiores sunt inter Judaeos, loco decimarum, eleemosynam pendunt de omnibus lu∣cris decem aureos de centum, centum de mille: as M^r Selden observeth in his Review, cap. 2.

Yea, they paid not onely their tithes, but their first-fruits also, wherein they were so liberall in some ages, that even from the abundance of first-fruits paid by the owners to the Priests, there was not a Priest in the 24. courses of them, but might be accounted a very rich, or largely furnished man; as M^r Selden observeth out of Philo: and that they pre∣vented the officers in demanding of them, paid them before they were due by Law, as if they had rather taken a benefit then given any; both sexes of their own most foreward readinesse in every first-fruit season, brought them in with such courtesie, and thanksgiving, as is beyond all expression; whereas in these times under the Gospel the Priesthood is Page  [unnumbered] far more excellent then that of the Law, and the Clergy deserves infinitely more then the old Priests and Levites: whose employment is not to light candles, snuffe lamps, set bread upon the table, kindle fire, put incense at the Altar, to kill, slay, and hew beasts in pieces, but have incumbent onus, even Angelis formidabile, if men would rightly un∣derstand* what they undergoe, or others value what these su∣stain. They have 〈 in non-Latin alphabet 〉 of the souls of men, which is an office no temporall satisfaction can countervail: accounta∣ble to God for themselves and others. Their study, labors, after long and chargeable education, in reading, watch∣ing, preaching, praying, visiting the sick, are fully expres∣sed by this learned Author, cap. 14. Yet the husband-man payeth now but one tenth to the Clergy, and no particular tithe for feasts, or to the poor, or other uses, as the Israelites did. But the Clergy now besides out of their smal receits, bear the burden of tenths and first∣fruits* to the value of thirty thou∣sand pounds yearly, imposed on them lately, whereas tenths were not annually paid before the 26 H. 8. (which Statute was re∣pealed by Q. Mary) but at some times: but they were a Popish invention at the first, and onely of late years, though now conti∣nued yearly, and further charges imposed in taxes to the poor, and subsidies to the publique in a greater proportion then by the Laity; provision of arms also, though their tithes and dues are abated and cut short more then anciently, not onely by fraud and false payment, but also by unconscionable small rate-tithes and customes al∣most Page  [unnumbered] in every Parish: And also many great estates wholly discharged of tithes, as Cistercian lands, and those of the Templars and Hospitalers, (who had thirty thousand ma∣nours in Christendome, whereof a great part were in Eng∣land) by the Popes pretended priviledges, and exempti∣ons: though we abhorre and detest the Pope, yet for our profit we make use of his Buls and authority: all which los∣ses and charges are not to be forgotten, though we submit under them patiently, as our Saviour Christ did to pay tri∣bute, when it was not due, Mat. 17.

And this we yeeld unto further, though we have lost almost all the ancient priviledges and immunities, which were formerly granted to the Clergy: which were given, that they might be encouraged to attend their studies with∣out distraction or avocation by secular troubles: The an∣cient Kings and Parliaments, allowing many freedomes from severall services, impositions, and taxes: as appears by many Laws and Charters, in the first Tome of our Eng∣lish* Councels, (see the title De libertatibus Ecclesiae) and by Lord Coke in the second of his Institutes upon Mag∣na Charta, pag 3, 4. where he reckoneth up many privi∣ledges, and how Ecclesiastic all persons ought to be quit and discharged of tols, and customes, as avirage, pontage, pa∣viage, and the like, from distresses by Sheriffes, and many others: but as he there confesseth, they are now lost, or not enjoyed: though anciently they had more and greater liber∣ties, then other of the Kings subjects; but now no men are more burdened with taxes, and impositions, that we are be∣come in the sight of too many men, as the filth of the world, and the off-scouring of all things; as the Apostle com∣plaineth, 1 Cor. 3. And whereas this Author sheweth, ca. 3. how the habitation of the Minister should be as becommeth students, and men of contemplative life, under their own Page  [unnumbered] command and solitary. It now happens, that no mens habita∣tion is more troubled with vexations and souldiers quartered upon them.

Besides the Priests and Levites had the ransomes of the first-born both of man and beast, great benefit by severall kinds of sacrifices, and head-money paid yearly, and many other perquisites, and to what a sum (saith Philo) these* might amount, may be guessed by the populousnesse of the Nation: and further they had 48. Cities set out by Joshua, cap. 21. for their habitations, and two thousand cubites about them, (each cubit being a full yard) besides* one thousand next the wals for their cattell: whereunto were added 20. cities more in processe of time, when the number of the Tribe was increased greatly, as this Author sheweth, ca. 3. And all this they had, though the Tribe of Levi was not near a tenth part of the people, which yet is an errour, that hath possest some great Names, (as M. Selden well observeth) they thinking there was such a proportion of the Tithes, and the receivers, and have rested therefore fairly satisfied in this, that the Levites being one of the 12▪ Tribes, had the tenths as a competent maintenance to themselves, being near the tenth, that is, being the twelfth part of the people, as if arithmetically the people and the revenues had been divided: but long since the sleightnesse and falshood of this fancy hath been discovered. And clear∣ly had such a proportion of persons, and the name of tenth held; yet examine all that was paid to the Priests and Levites in first-fruits, and the severall prediall tenths onely, and it will be neer a fifth part, to omit the Cities and suburbs; but for proportion betwixt the tithes, wee have sufficient testimony in holy writ, that it was far otherwise, for they were onely about a threescore part of the people. And* so Bellarmine sheweth, Tom. 2. declericis, cap. 25.— Page  [unnumbered] Jam igitur addendo Levitas caeteris Hebraeis, dividendo totum numerum per viginti duo millia, efficiuntur par∣tes divisae sexaginta. Ergo Levitae non erant pars ter∣tia decimae, sed vix sexagesima totius populi. It is to* no purpose to look after any such thing, I rest in this (saith M. Selden) that it pleased the Almighty so to enrich that Tribe, which was reserved onely for the holy service in the Temple: why he did so, or with what proportion, let him for me examine, who dare put their prophane fancies to play with his holy text, and so most impudently and wickedly offer to square the one by the other. Review, cap. 2.

Now because the Israelites were thus bountifull to their Priests and Levites, therefore the Christians in succeeding times, gave not onely many rich gifts and grants in lands, and severall oblations, but also for the continuall support and maintenance of the Clergy by tithes, they made Laws* that every one should pay a ninth part, besides their tenths, that so they might be sure to pay more then a tenth, with an overplus rather then come short by any lesse quantity: and much to that purpose the learned Grotius sheweth, De ju∣re belli ac pacis, li. 1. ca. 1. § 17. Lex vetus de Sabba∣tho & altera de decimis, monstrant Christianos obliga∣ri, nec minus septima temporis parte ad cultum divi∣num, nec minus fructuum decima in alimenta eorum qui in sacris rebus occupantur, aut similes pios usus seponunt. But this is more fully proved by the learned* Spelman in his Glossary, where he alledgeth and explica∣teth severall Laws of divers Kings, which are too many to be here recited, but shall be produced in due time and place.

Now if any motives will effectually encourage men to pay their dues with a liberall hand and eye, or deterre the hearts of worldly men from keeping back, prophaning or taking away that which hath been setled, given and granted by Page  [unnumbered] Laws divine and humane, it must be the actions and exam∣ples of our Saviour Christ himself, who plainly discovered his zeal against sacriledge and prophaning of holy things and places, more then against any other sin. For when he be∣gan to execute his Propheticall office, and reproved all kind of sins among the people, yet he preceeded to punish not any save onely sacriledge, which is very remarkable. He refu∣sed to be Judge in dividing the inheritance between the two brethren, and he would give no sentence against the woman taken in adultery: but in case of sacriledge himself made the whip, himself punisheth the offenders, himself over∣throweth the mony tables, and driveth out the prophaners out of the Temple, with their sheep and their oxen, not suffering the innocent doves to remain, though all these were for sacrifice, and but in the outward Court-yard of the Gen∣tiles: such was his zeal as himself refused not to be the accu∣ser, the Judge, and the executioner; and this not only once but twice, at the first in the beginning of his Ministery, recited by S. John, c. 2. 14. and at the last neer the conclusion thereof, Mat. 21. 11. Jesus quàm ad sacra emendanda bis conspi∣cuo signo testatum hoc fecit, templum velut sacrorum sedem purgando circa initium, & circa clausulam sui muneris, ut in quo inceperat in eo se desinere ostenderet. Grotius in Johan. 2. 14. And S. Hierome accounteth it to be one of the greatest miracles that ever Christ did. Many men* doe account that the greatest miracle that ever Christ did,* was the raising of Lazarus out of the grave, or the restoring Page  [unnumbered] of sight to him that was born blind; that the voice of his Fa∣ther was heard at Jordan; or that at his transfiguration in the Mount he shewed forth his glory: but I rather think, the greatest wonder that ever Christ did, was, that he being but one single man, and all that time in a contemptible conditi∣on, and so vile, that shortly after they crucified him, should be able with a whip to drive out of the Temple such a mul∣titude of men, officers, buyers and sellers, and overthrow their tables, seats, and receipts, (the Scribes also beholding it, and seeing their own profit to be overthrown thereby) and doe such a strange thing, as a whole Army of men could not have done it at another time. But his principal end being to cleanse and purge his Temple and House of Prayer, from prophanation, sacriledge, and abuses, it plainly sheweth us, how odious a sin it is, to be guilty of the like abuses: and what punishment men must expect in his ap∣pointed time to follow upon the like offence, though now he doth forbear such miraculous proceedings in these latter days; when we are directed to search the Scriptures so plainly published to us, and to take admonition from for∣mer examples, which are recorded for our admonition upon whom the ends of the world are come.

Some are of opinion lately, that so the Clergy may have a competent maintenance, whether it be by stipend, or any way else, it is sufficient provision for them: and because divers have published their opinion this way, here shall be something in answer to them. These men make themselves wiser then God himself, for he required tithes and first∣fruits in their kinde, not in money: Decimas & primitias tuas non tardabis offerre, Exod. 22. 29. he could have appointed some shekels of the Sanctuary to be paid to every Priest and Levite, for the maintenance of himself and his family, if that had been the best and most certain means. Page  [unnumbered] But the uncertainty of stipends, collections, or payments in money is so great, as would in processe of time bring ve∣ry great losses and inconveniences, both upon the people in payments, and upon the Clergy; for the change and variations of the standard for money is so great and un∣certain in all ages, (as this learned Author sheweth in his Glossary in voce, Esterlingus & Libra——) that if an hundred pound according to these times, should be allow∣ed for a stipend to a Minister yearly, it may be as much in value as 300 •. or 400 •. in the compasse of an hun∣dred years following: as we finde evidently by the expe∣rience of the last hundred years past; and so likewise of every hundred years since the Conquest, and before it: which hath happened of late times by the discovery of the West-Indies, the trade and commerce thither, and the riches of their mines brought into Europe, all which may fail in the next age, or be otherwise diverted, and stopt, beyond the imagination or providence of any man. Fur∣ther, by payment of tithes in kind out of all profits ari∣sing by Gods blessing on our labours, the Clergy doe par∣take with the people in times of plenty, or suffer with them in extremities, whereas by a certain stipend in mony, they would be far lesse sensible. Also the change and alterati∣on of the fundamentall Laws of this Kingdome touching tithes, glebe, oblations, and other means, which have continued* in force above a thousand years, and setled by the Com∣mon* Law, will produce many mischiefs, especially to the Crown, in payment of tenths and first-fruits, subsidies, pensions, and other taxes, which amount yearly unto ma∣ny thousand pounds to the Exchequer: all which must be abated and lost to the Crown; for no reason they should be paid when the means and maintenance shall be taken a∣way, out of which they arise.

Page  [unnumbered]Besides the impossibility to provide a sure and setled means in every Parish to pay a certain stipend in money quarterly to the Minister, there can be no caution, provision, or security given or established for payment of money; for wee see by daily experience that all bonds, conveyances, and securities doe fail often, whatsoever the devise bee for secure payment. No way is comparable to Gods own way of giving year∣ly the tenth part in kinde, of every increasing com∣medity, and all lawfull profits, as they arise and grow due at severall seasons of the year. As for stipends and pensions, because they have been lately invented in some forain Churches, in times of war, great troubles and distractions; I will mention only one mischief, which is already published in print; and that is, that the best learned are oftentimes neglected, and put to hard shifts, as in the Low-Countries John Drusius lately a very painfull and learned man, well known for his singular works: He complains in an Epistle to Joseph Scaliger before his Commentary on the Maccabees, that hee was in want of things necessary; and elsewhere prayeth unto God to stir up the hearts of the great ones to help him: May heaven and earth take notice (saith one thereof) how miserable the condition of the learned is, when tithes the fixed honourary of the Priesthood by di∣vine right, are usurped by the Laicks, and reward is measured not by true worth, or by the measure of the Sanctuary, which was full, running over and double to the common and prophane measures; but by the ignorant estimate of niggardly Mechanicks and their underagents. Many more such complaints might be easi∣ly alledged out of Luther, Melancthon, Calvin, and others, which I will now forbear: one great reason be∣ing Page  [unnumbered] that their Churches for most part are still under great persecution, miserable wars, pitifully wasted, being never almost quietly composed, nor setled by Kings and Parlia∣ments, as ours hath been; for the Emperour and many great Kings and Princes continue Papists, and great adversaries to Reformation: whereby Germany, France, and Poland, have most sharply suffered, and lost many thousand Churches and Ministers, since the the blazing Comet 1618. the people being relapsed and inforced to Popery for want of Mini∣sters: which makes the reverend and learned Deodatus, Professor at Geneva, magnifie the Church of England, as the most eminent of all the reformed Churches in Christen∣dome styling it, Florentissima Anglia, Ocellus ille Ec∣clesiarum, peculium Christi singulare, perfugium affli∣ctorum, imbellium Armamentarium, inopum prom∣ptuarium, spei melioris vexillum,—splendidae Domi∣ni caulae,—and much more he addeth, speaking of our condition before these troubles.

If any demand what success the labours of this worthy Knight found among the Gentlemen of Norfolk, and other places, where he lived long in very great esteem, and publiquely im∣ployed always by his Prince and Countrey in all the princi∣pall offices of dignity and credit, it is very observable to alledge some particular testimonies worthy to be recorded to posterity, and with all honour to their names, who were perswaded presently upon the reading of his first little Treatise (and perhaps upon sight of the larger worke now published, more the like good effects may follow) to restore and render back unto God what was due to him.

And first the worthy Knight practised according to his own rule: for having an Impropriation in his estate, viz. Mid∣dleton in Norfolk, he took a course to dispose of it for the augmentation of the Vicarage, and also some addition to Page  [unnumbered] Congham a small Living neer to it: Himself never put up any part of the rent, but disposed of it by the assistance of a reverend Divine his neighbour M. Thorowgood, to whom he gave power to augment the Vicars portion, which hath been performed carefully: and having a surplusage in his hands he waits an opportunity to purchase the Ap∣propriation of Congham, to be added to the Minister there, where himself is Lord and Patron.

Next S^r Ralph Hare Knight, his ancient and worthy friend in that Country, upon reading of the first Book, offe∣red to restore a good Parsonage, which onely he had in his estate, performing it presently, and procuring licence from the King, and also gave the perpetuall Advowson to Saint Johns Colledge in Cambridge, that his heirs might not afterwards revoke his grant: wherein he was a treble bene∣factor to the Church, and the Colledge hath deservedly ho∣noured his memory with a Monument of thankfulnesse, in their Library, and also wrote a respective letter of ac∣knowledgement to this excellent Knight, to whom they knew some part of the thanks to be due, for his pious advice and direction.

Sir Roger Townsend a religious & very learned Knight, of great estate in that County, restored three Impropriations to the Church, besides many singular expressions of great respect to the Clergy, having had a great part of his edu∣cation together with S• John Spelman, (a Gentleman of in∣comparable worth) eldest son to S Henry, and by his dire∣ctions both attained great perfection and abilities.

The like I have understood of others in that Country, but cannot certainly relate their names & all particulars at this present, that Shire abounding with eminent Gentlemen of sin∣gular deserts, piety, and learning, besides other ornaments, as Cambden observeth of them.

Page  [unnumbered]In other parts divers have been moved with his reasons to make like restitution, whereof I will mention some: as Sir William Dodington Knight of Hampshire, a very re∣ligious Gentleman, restored no lesse then six Impropriations, out of his own estate, to the full value of six hundred pounds yearly and more.

Richard Knightley of Northamptonshire lately decea∣sed, restored two Impropriations, Fansley and Preston, be∣ing a Gentleman much addicted to works of piety, charity, and advancement of learning, and shewing great respect to the Clergy.

The right honourable Baptist Lord Hicks Viscount Camp∣den, besides many charitable works of great expence to Ho∣spitals and Churches, as I find printed in a Catalogue of them in the Survay of London, restored and purchased ma∣ny Impropriations.

• 1. He restored one in Pembrokeshire which cost 460^l.
• 2. One in Northumberland, which cost 760^l.
• 3. One in Durham, which cost 366^l.
• 4. Another in Dorsetshire, which cost 760^l.

He redeemed certain Chantry lands, which cost 240^l.

And gave pensions to two Ministers, which cost 80^l.

Besides Legacies to severall Ministers.—

The particulars are more fully recited in the Survay, to which I referre, pag. 761.

M^s Ellen Goulston Relict of Theodore Goulston D^r of Physick, a very learned man, being possessed of the Im∣propriate Parsonage of Bardwell in Suffolk, did first pro∣cure from the King leave to annexe the same to the Vica∣rage, and to make it presentative, and having formerly the donation of the Vicarage, she gave them both thus an∣nexed freely to S^t Johns Colledge in Oxon: expressing many godly reasons in a pious letter of her grant, to ad∣vance Page  [unnumbered] the glory of God to her power, and give the world some testimony, that she had not been a fruitlesse observer of those who taught her that knowledge, without its fruit, and that love of Christ, without love to his Church was but an empty mask of an empty faith.

Thus with devout prayers for a blessing from God upon those which should be chosen Rectors there, she commended the deeds and conveyances of the Parsenage for ever to the Colledge. And this way doth justly seem the best manner of restitution, it being a double benefit to the Church both in providing carefully for the Parish, and selecting out of the Vniversities able and worthy Divines in due time and manner without any corruption, which the Colledges are carefull to avoid; and therefore that course was followed by Sir Ralph Hare already mentioned, by the prudent advise of Sir Henry Spelman: which course if it had been observed by them who lately were imployed in purchasing of Impro∣priations, they had freed themselves from sinister suspiti∣ons, by devesting themselves wholly of any profits reser∣ved to their disposing, and might have much advanced the glory of God by diligent preaching, within the campasse of few years: and many would have been perswaded easily to become contributers and benefactors to their pur∣pose.

Divers Colledges in Oxon: having been anciently pos∣sessed of Impropriations, have of late years taken a course to reserve a good portion of the tithe corn, from their te∣nents, thereby to increase the Vicars maintenance: so that the best learned Divines are willing to accept the Li∣vings, and yet the Colledge is not diminished in rents, but loseth onely some part of their fine, when the tenants come to renue their Leases.

Certain Bishops also have done the like; as D^r Morton, Page  [unnumbered] whiles he was Bishop of Lichfield did abate a good part of his fine to encrease the portion of the Minister in the Vica∣rage of Pitchley in Northamptonshire, belonging to his Bishoprick: and so did his successor D^r Wright, for the Vicarage of Torcester also in the same shire: which was very piously done, considering what great Lands and Ma∣nours were taken away from that Bishoprick among others, and some Impropriations given in lieu of them.

Besides, this present Parliament hath taken singular care to augment the maintenance of many poor Vicarages, and other small Livings: wherein they have proceeded carefully, and have made many additions to severall poor benefices, for the better inabling of the incumbent Ministers to be faithfull and diligent in their callings.

And while Sir Hen. Sp. lived, there came some unto him almost every Terme at London to consult with him, how they might legally restore and dispose of their Impro∣priations to the benefit of the Church: to whom he gave advice, as he was best able, according to their particular cases and inquiries, and there wanted not others, that than∣ked him for his book, promising that they would never pur∣chase any such appropriate Parsonages to augment their estates. Whereby it appears how effectually the consciences of many men were moved with his moderate and pious per∣swasions: and himself was much confirmed in his opinion of the right of Tithes, which moved him to consign his works of this argument, besides others, to my care, with direction to publish them, as is also expressed in his last Will and Testament.

Whereupon I hold my self obliged in conscience and du∣ty to God, and to the memory of this excellent Knight, to whom I was infinitely obliged for his instructions, confe∣rences, and favours, which I enjoyed in the course of my Page  [unnumbered] studies, many years frequenting his house and company: not to conceal these works any longer from the publique view, but to publish them to the benefit of the Church, and ser∣vants of God, now especially when prophanenesse hath so licentiously overflowed, and the covetous wretches and Mammonists of this world, have begun to withdraw and deny their Tithes, muttering that they are Popish and su∣perstitious, and therfore to be rooted out, as their lan∣guage is: wherein yet the Parliament hath honourably discovered their zeal and care by their censure and check upon the Petition against Tithes exhibited in May 1646. and by their Ordinance providing for the true payment of all tithes, rights, and dues to the Church, as more fully appears therein.

Wherein they have followed the moderne and ancient Lawes, as that expression of the Act of Parliament, 27 Hen. 8. cap. 20. That whereas numbers of ill dis∣posed persons, having no respect of their duty to Almighty God, but against right and good consci∣ence did withhold their Tithes due to God, and holy Church: as in that Statute is more at large expressed. So in the 12. Tables, Sacrum sacrove commendatum qui dempserit rapseritve, parricida esto. It being accoun∣ted sacriledge by all Laws to take away such things as have been formerly given to God: for so they were given expresly to God: as Magna Charta saith: Concessi∣mus Deo—we have given to God, for us and our heirs, &c. So Charles the great: We know that the goods of the Church are the sacred indowments of God. To the Lord our God we offer and dedicate whatsoever wee deliver to his Church. Cap. Car. lib. 6. So Tully anciently: Communi jure gentium Page  [unnumbered] sancitum est ut ne mortales, quod Deorum immortalium cultui consecratum est usucapere possint. So Calvin, Sacrum Deo non sine insigni in eum injuria ad pro∣fanos usus applicatur. Instit. li. 3. cap. 7. § 1.

Tithes therefore being consecrated unto God, ought care∣fully to be preserved in these days, in regard the Church enjoyeth not the tithe of the tenth, which formerly it had, and hath also to this day among the Papists, who doe not take away from the Church, but are ready to restore, as they have done in many Countries.