THE HUSBANDMANS PLEA AGAINST TITHES.  
OR, Two PETITIONS presented unto the House of COMMONS Assembled in PARLIAMENT:  
By divers Freeholders, and other Freemen of the County of Hertfordshire, with the parts adjacent of Bedford and Buckinghamshires for the taking away of TITHES.  
And the matter of the said Petitions is reduced unto two Propositions, or general Heads, and Reasons to confirm them.  
And also the said Petitioners Answers unto certain Objections made by the Ministers and Impropriators that would continue Tithes upon the Husbandman.  
Published by some of the said Petitioners whose Names are set down in the latter end of this Book, for the Vindication of themselves and their Fellows, from the reproach cast upon them by a Writer of a Book, entitled, Plain English, &c. Printed 1646. And the reproach cast upon them by the Author of another Book, entitled, Tithes Re-mounted, &c.  
Try all things, and keep that which is good. 1 Thes. 5.21.  
When thou hast made a vow unto God defer not to pay it: for he delighteth not in fools, pay therefore thy vow. Eccle. 5.3.  
LONDON: Printed in the year 1647.   

To the READER.  
THere hath been, and is at this time, a great controversy about the tenth of the Husbandmans Stock, and yeers Labour, laid out, and bestowed upon his crop of Corn, in his Trade of Husbandry: for Husbandry is but a Trade, in this Kingdom, and requires a Stock to trade with, as all other Trades do; as we shall make it appear in its place.  
There are two sorts of men in this Kingdom, that claim the tenth of the Husbandmans Stock, and yeers labour, laid out in his crop of Corn, as aforesaid( every year) to be due unto them.  
The first sort of men, are the Ministers, who claim it to be due unto them( by a Divine Law) for their maintenance: But upon a false ground, and a sandy foundation; onely supposing, that because God reserved to himself the tenth of the increase of the seed of the ground, and the tenth of the increase of cattle, and other things in the Land of Canaan, and gave his portion to the Tribe of Levi for their service at the Altar in the time of the Law: And gave the Tribe of Levi a command to receive of their Brethren, such Tithes, or tenth of increase, that the Land of Canaan brought forth, according to that of the Apostle, Hebr. 7.5.  
And thus from this Law of Tithes amongst the Jews, our Ministers would make us believe, that God hath reserved to himself( for an inheritance at all times, and in all places) the tenth of the increase of the seed of the ground, and the tenth of the increase of cattle, and the tenth of Tradesmens, and Artificers gettings; yea, the Author of the Tithing Table printed 1591. and in the 15. Question saith, That all persons are bound to offer and pay the tenth of their gettings for personal Tithes, but the Church is forbidden( of all persons) to receive them: For example, The Harlot, the Robber, the Usurer, &c. they be not exempt from paying Tithe of their getting; But the Law rejecteth them, their personal Tithes, and oblations, lest the Church should seem to approve their iniquities. And this general duty of paying personal Tithes as well as other Tithes, the Author of the Tithing Table, and others of his opinion, would prove it out of Deut. 23.18. Thou shalt not bring the hire of a whore, or the price of a dog into the house of the Lord thy God for any vow: for even both these are an abomination unto the Lord thy God. But how fit this place of Scripture is, to prove such a general duty of paying of Tithes, let the judicious Reader judge.  
And thus from the aforesaid ground or law, some of our Ministers subtly for their own ends, hold forth to the people the promise of God( that he made to the Jews) of greater increase of their corn if they payed their T●thes truly; and telling the people that the Jews had a proverb, Pay Tithes, and be rich: and thus, like Jobs friends, Job 13.7. they speak deceitfully for God, or rather for themselves, their own ends and purposes. And sometimes pressing the judgements, and threatenings of God against the Jews( for not paying their Tithes to the Levites) point blank upon the people now under the Gospel, and so speak wickedly of God, like Jobs friends, Job 13.7. And thus many of our Ministers preach judaism in stead of Christianity, as if God had no other way to maintain his Ministers to uphold his worship and service, but by Tithes. But the truth is, this law of Tithes reached no further to any people, but onely to the Jews, and to the Jews onely in the Land of Judeah, as we will prove in another place. And the promise of G●d made unto the Jews of greater increase of their c●rn, if they payed their Tithes truly, was an earthly promise, and belonged onely to the Jews in the land of Judeah, and not unto us; as we shall prove in another place. And we find by daily experience, that if a man be never so strict in paying of his Tithes to our Ministers, he hath never the more increase of his C●rn, or other things: But rather comes the sooner to poverty, and beggary; as we find by experience in those places where the Ministers require a strict paying of Tithes; and in those persons that are strict, or rather superstitiously affencted in paying their Tithes truly to their Ministers: a just reward for their superstition, and pinning their faith to their Ministers sleeves, without any Warrant for it out of the New Testament: Neither do the judgements and threa●nings of God against the Jews for their not paying of their Tithes reach unto us; for we have no command to pay Tithes to our Ministers in this time of the gospel; neither have the Ministers any command from God to receive Tithes of the people under the Gospel.  
The second sort of men that claim the tenth of the Husbandmans Stock and yeers labour, laid out in his crop of Corn every year, as aforesaid; are the Impropriators, and they claim it to be due unto them by a bremane Law: but whether they have any just title unto it, or not, will appear in another place.  
And between these two sorts of men, the Husbandmen in this Kingdom are trampled upon like dirt in the street; and they, their goods and labour are sold from one man unto another, like Joseph into Egypt for slaves; or like Hackney-jades, or labouring-horses, or oxen in Smithfield, or in any other Fair or Market in this Kingdom, under the name of buying an Impropriation of Tithes; or in buying the next presentation of a Clerk or Minister to a bnfice. And in this sad condition of the Husbandman, there is no man stands up to pled his Cause: And if he do but stand up to pled his own Cause, though it be in the most Humble and Submissive manner as can be, by Petitioning their own Parliament, whom they have chosen, and entrusted with their own Right of Making and Repealing Laws: yet there will be some men that will, like Rabshakeh, openly rail upon them. And so doth the Author of a Book, entitled, Plain English, or, The Sectaries anatomised, &c. pag. 6. where he speaking against the Author of a Book( as it seems by his Discourse) that had cast some aspersion upon the City Remonstrance; Plain English takes an occasion to rail upon us the Husbandmen of Hertford and Buckinghamshires, that presented their Petitions to the Parliament for the taking away of Tithes.  
The words of Plain English, in pag. 6. of his Book are these. Are not you one of them that deny the Authority of the Word, and with it all Ordinances? If you be not so gross, there are many( whom you labour to uphold in their errors) are, whose practise is to bring the Ministers into contempt, and then the ministry and Ordinances with them; And as a ready way to further that devilish design, they cry down Tithes( which from the Primitive times, both in our own, and other Christian Kingdoms, have been by many Laws settled upon the ministry, as the most equal, most regular, and most agreeable way to the Word of God) an evident demonstration whereof, hath been shewed in those Petitions brought up out of Hertford and Buckinghamshires. The Inhabitants of which Counties have been drawn unto it, not out of any principle of Religion, and Conscience; but out of ignorance, and covetousness.  
To this we answer: That Tithes is the most unequal, most irregular and the most unagreeable way to the Word of God, for the Ministers maintenance: as we shall prove by good Reasons from the Word of God, and by evident demonstration of sound Reason, sufficient to convince any rational man; unless that he have a resolution that he will not be convinced, although a man show never so good reason. And therefore out of knowledge, and principles of Religion, and Conscience, and in pursuance of our Protestation and Covenant, we did Petition the Parliament to take away Tithes.  
There is another Enemy of ours, namely, one Martin Bowne, and he shoots his arrows in secret, even bitter words; and he hath wounded us in secret, in a Book of his, entitled, Tithes Re-mounted, and advanced by the Word of God, &c. pag. 15. it is thus written.  
All they that shall refuse paying their Tithes to the Pastors and Ministers, are Church-robbers: I do understand there be some that have petitioned the Parliament, that Tithes may not be payed unto the Ministers of the Gospel, because( as they say) it is Jewish, and Popish. O horrible impletie! that men should be so graceless, as to derogate from the Word of God, and also to abuse the Power and Authority of the King, and the most Honourable and Supreme Court of Parliament, making it a Bawd to their sinister designs. If those Petitioners had petitioned for a Licence to rob upon the Road-way, their sin had not been so great. But you will say, this were a gross sin, the Parliament would never have granted such a wicked Petition. I answer No; and I hope they will not grant this, except they mean to procure another curse upon the Land.  
To this we answer. That if we had petitioned the Parliament for a Licence to rob upon the Road-way, it had been a sin in us; and we might have justly expected that the Parliament should have denied our Petition: But when we come unto the Parliament with a just Petition, to have our burden of oppression of Tithes removed( which the Ministers have no right unto, they having no command from God( in the New Testament) to receive of the people, nor the people have no command from God, to give unto the Ministers in the time of the Gospel) and to desire the Parliament, that the Ministers may have a competent maintenance such a way that may be agreeable to the Word of God; and more equally born by every man according to his ability: then we cannot but expect that they should hear us, and grant our Petition. And we doubt not but they will, when they are better informed of the unlawfulness and oppression of Tithes; except they mean to procu●e another curse upon the Land.  
And therefore for the clearing of ourselves from these gross reproaches, and scandals which these men have cast upon us in their Writings: and for the better information of all those that desire to know the unlawfulness and the oppression of Tithes, we have published our Petitions that we presented to the Parliament for the taking away of Tithes. And we have reduced our Petitions unto two general Heads or Propositions, and confirmed them with Scripture and Reasons: And also we have set down our Answers unto certain Objections, made by the Ministers and Impropriators, which they commonly make use of( as occasion serves) against the Husbandman that would have Tithes taken away. And let the righteous God, and all just men, judge, whether the Husbandman have any cause to Petition for the taking away Tithes.   

To the honourable the House of COMMONS Assembled in Parliament: The humble Petition of the Inhabitants of the County of Hartfordshire, with the parts adjacent.  
Humbly sheweth:  
THat in the midst of the manifold judgements that do justly fall upon us for our wilful neglect, and transgression of Gods Laws, it is no small-means of comfort to us, that it hath pleased his divine Majesty to grant us so honourable and careful a Supreme Court, as a Sanctuary of refuge whereunto to have recourse in our manifold grievances, burdens, and extremities. And seeing Your Honors have not onely taken a Protestation and Covenant, without respect of persons, to endeavour the extirpation of prelacy, Popery, Superstition, and whatsoever shall be found contrary to sound Doctrine, and the power of godliness; But likewise Your Honors have zealously begun and proceeded therein, according as You have been enlightened and informed; and have eased us of many burdens, and Popish customs: and yet we find that there is one burden and Popish custom remains to be expunged, called, The Tithes, or Church deuce, which is said to be but the tenth of the increase of our Corn and other things: And under that pretence, there is taken from us, not onely the tenth of the increase and fruit of our hard and heavy labour, but also the tenth of our earnings which we daily get with the sweat of our brows; and not onely that, but the tenth of our substance and Stock is yearly taken from us. For the tenth of our crop is taken from us without any deduction of our Stock and Charge that lies in it. Which tenth or Tithes so taken we find to amount unto the fourth part( at the least) of the yearly value of every mans estate that ariseth of tillage. So that tradesman, where they are accustomend to pay Tithes, are by a Statute made in the 2 of Edw: 6. better provided for then those, whose estates and livelihoods that depends upon tillage; for they by that Statute are appointed to pay but the tenth of their clear gain, their Stock and Charges are to be deducted: and we know not to the contrary, but that the makers of that Statute did intend that the same consideration should be extended unto the one as well as to the other; there being as good reason that the Husbandmans Stock should be preserved whole for his continual maintenance, as the others. It is therefore our desire, that You would be pleased to take into your judicious consideration, how unreasonable this burden is, and how heavy it lies upon the Husbandman: For although that his crop answer not his charge by many degrees, yet the tenth thereof is taken from him without any consideration of his losses; that so in few yeers the person possesses himself of all the stock the Husbandman had left him by his friends for his livelihood: and many times it falleth out, by reason of the great charge the Husbandman is at, especially if the yeers prove unseasonable, that he is in a short time bereft of all that he hath, and himself, his wife and children are forced to go to Day-labour, or put unto other shifts.  
It is therefore our humble and earnest desire, that Your Honours would be pleased to take the premises into Your grave considerations, that we may be eased of this grievous burden, and most oppressing pressure of Tithes; and appoint a competent maintenance for the Ministers some other way, that may be agreeable to Gods Word, and more equally born by every man according to his ability.  
And as we are bound, so shall we pray for Your Honors, &c.   

To the Honourable the House of COMMONS Assembled in Parliament: The humble Petition of the Inhabitants of Hertfordshire, with the parts adjacent, in the behalf of themselves and others whom it doth concern.  
Sheweth:  
THat we desire to remember with all thankful acknowledgement unto Your Honors, that Resolution of Yours which deserves to be engraven in Characters of gold to all Ages, To do nothing( as near as possible you can) but that which shall be according to the will and appointment of Jesus Christ; and for ever to aclowledge Your unwearied pains in the continued supportation of this tottering Kingdom; For that always, so especially at this time, You have been pleased to declare Your real intention to preserve the Rights, and Liberties of the Subject; to obtain the end of the primitive institution of all Government, viz. the safety and weal of the people; and to take off all yokes and burdens from the people, which You have in part already done, by taking away the Star-Chamber, High Commission, and other exorbitant Courts; As also in taking away the Court of Wards and Liveries, with all tenors in Capite, and by Knight Service, an heavy burden upon the Subject of this Nation: And also Your further determination to throw down all petty Garrisons for the ease of the Kingdom. But we Your Petitioners who presented a Petition unto Your Honors about the beginning of July last, and other of the Yeomen and Farmers of this Kingdom, which have suffered as much, rather more by these Warres then any one sort of men whatsoever; most of which move not in that sphere with those that hold land by those services have a greater burden lying and remaining upon us, which is the taking away the tenth of our Stock and yeers labour under the name of Tithes, Offerings, Oblations, and Obventions by those that have no right unto them( as we conceive) neither by the Law of God or Nature, nor by any good Law, or laudable custom of the Land.  
Wherefore it is our earnest desire, That You would take our aforesaid Petition presented in July last into your serious consideration; and that You would be pleased to ease us of this most oppressing burden of Tithes, Offerings, Oblations, and Obventions, the payment of them being( as we conceive) contrary to our Protestation and Covenant, and to the liberty of the Subject in the property of their goods.  
And we Your Petitioners shall assist Your Honors with our prayers, lives and fortunes, to the utmost of our powers.   

THE HUSBANDMANS PLEA AGAINST tithes. Our two Propositions with the Reasons to confirm them, are as followeth.  

The first Proposition.  
THe payment of tithes we conceive to be a Case of Conscience; and that whosoever hath taken the Protestation or Covenant, cannot with a good Conscience pay tithes, nor receive tithes, except that he will renounce the said Protestation and Covenant, and that for two Reasons following.  

The first Reason proving tithes to be a case of Conscience, as it is contrary to the Doctrine of the Gospel, and the power of godliness.  
IN the second Article of the Covenant of the two Nations, we have sworn to endeavour the extirpation of Superstition, and whatsoever shall be found contrary to sound Doctrine, and the power of godliness. By sound Doctrine, we believe is understood the doctrine of the Gospel; and we conceive that the payment of tithes is contrary to the doctrine of the Gospel; because they were a part of the ceremonial Law. By the ceremonial Law, we mean the Law of Ordinances, given by God unto the Israelites by the ministry of Moses, when God brought them out of the Land of egypt into the Land of Canaan, and made of them a national Church. This Law stood in a certain number of outward Ceremonies or Rites, as Sacrifices, Oblations, and Offerings, for a legal sanctification, and purifica●ion of persons and things; and were all of them figures and shadows of spiritual things, and things to come: Hebr. 10.1. For the Law having the shadow of good things to come, and not the very image of things; and amongst the re●●, this of tithes was one oblation and offering that God required of the Jews when they came into the land of Canaan, as we find, Levit. 27.30. also all the tithe of the land, both of the seed of the ground, and the fruit of the trees is the L●rds, it is h●ly unto the L●rd And so Numb. 18.24. For the tithes of the children of Israel which they shall ●ffer as an heave offering unto the Lord, I have given unto the Levites for an inheritance therefore I have said unto them, Amongst the children of Israel ye shall p●ss●sse none inheritance. Here we see that Tithes was an offering, and all offerings were Ceremonies. And Deut. 14.22, 2●. Th u sha t give the tithe of all the increase of thy seed that cometh f●rth of the field year by year, and th●u shalt eat it before the Lord thy God in the place which be shall choose to cause his Name to dwell there, the tithe of the corn, of the wine, and of thy oil, and the first born of the kine, and of the sheep, that th●u mayest learn to fear the Lord thy God alway. And to this purpose red the 26. Chapter of Deut. from the beginning to the latter end: yea the ceremonial Law was established under the Priesthood of Levy, Hebr. 7.11. If therefore perfection had been by the Priesthood of the Levites, for under it the Law was established unto the people, &c. and the ceremonial Law was enjoined but for a time, Hebr. 9.10, 11. which onely stood in outward meats and drinks, and divers washings, and carnal rites, which were enjoined until the time of Reformation; But Christ being come an high Priest of good things to come, &c. And the ceremonial Law was to be abolished at the death of Christ, with the Priesthood of Levy under which it was established, Hebr. 7.12. For if the Priesthood and changed, then of necessity there must be a change of the Law. And so there was, for the ceremonial Law was abolished at the death of Christ, Col. 2.14. and putting out the hand-writing of ordinances that was against us, which was contrary to us, he even took it out of the way, and fastened it upon the cross. The which is to be understood of the taking away of the ceremonial Law, as well as the curse of the moral Law; a● appears by the Apostles argument continued from the 14. verse unto the 17. verse of the aforesaid Chapter, Col. 2. Then contrary to this doctrine of the Gospel set forth by the Apostle of Jesus Christ is this custom of paying of Ti●hes, and the maintenance of the Ministers of the Gospel by Tithes: the maintenance of the Priest under the Law, and he that observes one Ceremony of the Law, is bound to keep the whole Law of Ceremonies: Gal. 5.3. For I testify to every man that is circumcised, that he is bound to keep the whole Law; And to retain the Ceremonial Law, or any part thereof, is superstitions and abominable, a tempting of God, Act. 15.10. Now therefore why tempt you God, to lay a yoke on the Disciples necks, which neither we nor our fathers are able to bear. And it is by consequence to deny that Jesus Christ is come in the flesh; which if any do, either directly o● by consequence, they sin against the Gospel, and the same is Antichrist. 1 Job. 2.22. and Chap. 4.3. for if the ceremonial Law be not ended, then Christ is not come in the flesh, and so we have lost our Religion, and our faith and hope is vain, and of all men we are become the most miserable.  
Yea no doubt Tithes is the mark of the Beast, or Antichrist, that is spoken of, Rev. 13. ver. 16, 17. that he made all both small and great, rich and poor, free and bond, to receive in their right hand, or in their foreheads: And that none might buy or fell, save he that had the mark of the Beast, or number of his name. By these mystical terms the holy Ghost( no doubt) sets forth an insolent tyranny of Antichrist and his members over mens persons and goods; so saith Janius upon these verses: And Bernard upon the Revelation, in the fourth part of his Book, called, A Key to the opening of the Revelation; pa. 231. saith, That the number of the name of the Beast of which all sorts of men are c●pable of; rich and poor, small and great, free and bond, and therefore a common mark to any of them, is St. Peters Keys branching out itself in every name, Antichristian doctrine, every counterfeit Sacrament, Idolatrous practise, superstitious invention, Cannon, or Decree, contrary to Gods Word, made and confirmed by the general consent and Authority of that Sea, called Roman catholic Church, and received by that onely Authority.  
And indeed this Law of Tithes hath no ground, Law, or Cannon, in the New Testament as can be found, but onely from the Popes Laws or Cannons; and therefore may truly be called a mark of the Bea●●, or Antichrist the Pope of Rome: Neither is there any greater tyranny of the Pope exercised over mens persons and goods, then is this Law of Tithes; nor any surer or more certain note, sign, or mark of subjection to the Pope, and his Power and Authority, then the paying of Tithes to his Priests, and they paying of first fruits and tenths to him by his Laws, Cannons, or Commands, without any warrant for it out of the New Testament.  
Neither is there any other of the Popes tyrannous Cannons that can be more fitly applied to be the meaning of the holy Ghost, by those mystical terms, of making men of all sorts and degrees, to receive in their right hands, without which none may buy or sell, as this of Tithes; for by the right hand in Scripture is meant many times power and strength; and our goods are as our right hand, they being indeed gotten by the labour of our hands, yea by all the strength of our bodies; and the Pope marks them with this Law of his, with a tenth thereof to be due to his Priest, and a tenth of that that they receive of the people to be due unto him; and thus with this mark of Tithes he marks all men in the right hand, of what rank or degree soever, as Emperours, Kings, Queens, Nobles, Handicrafts-men, and Labourers, yea all slaves, bond-men, and servants, by the Popes Law, must pay Tithe, hay, corn, cattle, yea the tenth of Tradesmens gain, and the tenth of servants wages have been required, and payed unto the Popish Priest: and none may buy or sell without the mark of the Beast; which is as much as if the holy Ghost had said, That Antichrist will suffer none to make any use of his own goods either for himself or others, until that he have received this mark in his right hand or goods, by setting forth a tenth part thereof; so neither may any man make any use of his own goods, either for himself or any other that he shall sell them unto, until there be a tenth part thereof set forth for tithes: And thus the Law of Tithes being the Popes or Antichrist, amongst many other marks of Antichrist undoubtedly is one, which if any one witting and willing receive without any better warrant, then from the Pope or Antichrist, he shall perish; Revel. 14.11. because he receives the mark in obedience unto Antichrist, and not unto Christ.  
And as the payment of Tithes is contrary to the doctrine of the Gospel; so likewise it is repugnant unto the power of godliness, because that the tenth of the Husbandmans stock and yeers labour is yearly taken from him, by taking the tenth of the crop wherein his Stock and yeers labour lies, under the name of Tithes, the Husbandman is put upon a necessity, and for mere want he is forced to use some ungodly shifts, like the man that steals for hunger; and like David that was forced to eat the showbread( that was not lawful for him to eat) because there was none other: 1 Sam. 21.6. even so the husbandman is constrained by that Iron Law necessity, to take or do that which he would not, if that he were not driven to want by means of those that deprive him of his livelihood, his own goods and labour, by taking away the tenth of his crop every year under the name of Tithes; that so by this means of Tithes the Husbandmen of this Kingdom have no part of these earthly comforts: for the taking away the tenth of the Husbandmans stock and labour every year( employed in the crop) doth amount unto so great a quantity or sum of his goods and labour, as that it doth drink up all his livelihood, and makes the husbandman live in a disconsolate condition.  
If Tithes were ceremonial, what did Tithes signify to the Jews?  
Tithes signified to the Jews, as the first fruits did, they signified the sanctification of the husbandmans crop, and the blessing of God upon the Land of Judea: And this we prove out of Deut. 26. from the Law of Tithes, set down in that Chapter from the first verse unto the 15. the words are as followeth.  
1 Also when thou shalt come into the land which the Lord thy God giveth thee for inheritance, and shalt possess it, and dwell therein;  
2 Then thou shalt take of the first of all the fruit of the earth, and bring it out of the land that the Lord thy God giveth thee, and put it into a basket, and go unto the place which the Lord thy God shall choose to place his Name there:  
3 And thou shalt go unto the Priest that shall be in those dayes, and say unto him, I aclowledge this day unto the Lord thy God, that I am come into the country which the Lord swore unto our fathers for to give us.  
4 Then the Priest shall take the basket out of thy hand, and set it down before the Altar of the Lord thy God.  
5 And thou shalt answer and say before the Lord thy God, A Syrian was my father, who being ready to perish for hunger, went down into Egypt, and sojourned with a small company, and grew there unto a Nation, great, mighty, and full of people.  
6 And the Egyptians vexed us, and troubled us, and jaded us with cruel bondage.  
7 But when we cried unto the Lord God of our fathers, the Lord heard our voice, and looked on our adversity, and on our labour, and on our oppression.  
8 And the Lord brought us out of Egypt in a mighty hand, and a stretched-out arm, with great terrib●enesse, both in signs and wonders.  
9 And he hath brought us into this place, and hath given us this Land, even a land that floweth with milk and honey.  
12 When thou hast made an end of tithing all the tithe of thine increase, the third year, which is the year of tithing, and hast given at unto the Levite, to the stranger, to the fatherless, and to the widow, that they may eat within thy gates, and be satisfied.  
13 Then thou shalt say before the Lord thy G●d, I have brought the hallowed thing out of my house, and also have given it unto the Levites, and to the stranger, to the fatherless, and to the widow, according to all thy Commandments, which thou hast commanded me: I have transgressed none of thy Commandments, nor forgotten them.  
15 Look down from thine holy habitation, even from heaven, and bless thy people Israel, and the land that thou hast given us( as thou sworest unto our fathers) the land that floweth with milk and honey &c. Deut. 14.22, 23.28, 29. By this Scripture here set down out of the 26. of Deut. it is evident to any mans understanding that shall red it, that the paying of first fruits and Tithes( by the Jews) was a part of the ceremonial worship, and service that God required( of the Jews) to be given to himself: And that the paying of first fruits and tithes did signify to the Jews the sanct●fication of the rest of their goods, and the blessing of God upon the land of Judea, as is said before: And this doctrine is truly collected from the form of confession set down in the 13. verse of the 26 of Deuter. before mentioned, that the Jews were to make( before the Altar of the Lord) of the work done( on the Jews part) that God had commanded the Jews: and from the prayer( ●et down in ver. 15.) for the performance on Gods part, of the blessing and thing signified by the paying of first fruits and tithes, set down in the 15. verse in these words: Look down fr●m thine holy habitation, even from heaven, and bless thy people Israel, and the land that th●u hast given us, &c.  
And that Tithes was a part of the ceremonial worship of God, is further pr●v●d from Pr●v 3. ver. 9. the words ●●e these: Honour the Lord with thy riches, and with the first fruits of thine increase. What doth Solomon mean by riches, but tithes, as it appears by these words,( that he joins with it) the first fruits of all thine increase.  
And first fruits and tithes were a type and figure of election of Gods people, whom he sanctifieth, and reserveth unto himself; as it appears by these Scriptures: Isa. 6.13. But it shall be a tenth, &c. And Jer. 2.3. Israel was as a thing hallowed unto the Lord, and his first fruits, &c. And Hebr. 12.13. and to the assembly and congregation of the first born. And Jam. 1.18. Of his own will begot be us with the word of truth, that we should be the first fruits of his creatures.  
By these places of Scripture it is plain, that the holy Ghost puts the first born, first fruits, and tenths, or tithes, to signify one and the same thing, that is, of election of some men whom God sanctifieth, and reserveth unto himself in all ages or times. And thus first fruits and tithes are proved to be ceremonial, and significat, as well as any offerings, that God commanded the Jews, to offer unto himself, and so are to be abolished with the other Ceremonies of the Law.  
The tithe that is spoken of in Deut. 26. vers. 12. is meant of a second tithe that the husbandman was to pay to the poor every third year after that he had payed a tenth to the Levites.  
This text in Deut. 26. ver. 12. holds forth no such thing as is the paying of a second tithe; for the words are, When thou hast made an end of tithing all the tithe of thine increase, the third year, which is the year of tithing( meaning for another use, for the husbandman to spend in his own house in good house-keeping, to relieve the stranger, the fatherless, and the widow: these as well as the Levites we●e to have a part of all the husbandmans tithe of the third year) and hast given it, that is, all the tithe of the third year, for so are the words of the text, unto the Levite, to the stranger, the fatherless, and the widow. And it is further proved from Chap. 14. ver. 28, 29. that the husbandman was to spend all the tithe of his increase every third year in his own house upon the Levites, the strangers, the fatherless, and the widow; the words of Deut. 14. ver. 28, 29. are these: As the end of th●ee yeers thou shalt bring forth all the tithes of thine increase of the same year, and lay it up within thy gates: Then the Levite shall come, because he hath no part nor inheritance with thee, and the stranger, the fatherless, and the widow that are within thy gates, and eat and be filled; that the Lord may bless thee in all the work of thy hand which thou dost. If the Levites had had their tithes the third year, as they had the other two yeers, then the reason that Moses uses for the husbandman to give part of that tithe here spoken of to the Levites had not been good, for they had a portion, and Moses says the Levites had no portion. Again if the Levites had had their tithes the third year, as they had the other two yeers, what need had they to take away the poores portion? And here the Reader may observe, that if the Law of God given unto the Jews to pay tithes, be to continue in this time of the Gospel, then how have our Ministers robbed the poor, and the husbandman, of their portion every third year, by taking all the tithe to themselves; and, like Judas, converted public revenues to private use? Joh. 12.6. This he said, not that he cared for the poor, but because he was a thief, and had the bag, and bare what was put therein.  
That which the Apostle calls a burden, and a tempting of God, to lay again upon the disciples necks, Act. 15.10. is meant of Circumcision, and not of Tithes.  
Though that Circumcision be onely name in that place, it may be because it was the first Ceremony or Sacrament that the Jews were to receive for an entrance into the Covenant of the Law, yet the whole ceremonial Law, whereof tithes was a part,( as it hath been proved) is to be understood, and is called a burden, as may be collected from ver. 1.5.20.24. where it is said, that certain of the Sect of the Pharisees came down from Judea, and taught the Gentiles, that they must be circumcised, and keep the Law of Moses. Here is more then circumcision, yea the Pharisees were as strict in paying of Tithes, as in observing any other Ceremony of the Law: Luk. 18.12. I fast twice a week, I pay tithes of all that I possess,( saith the proud Pharisee.) And it is as likely that the Pharisees would teach that to the Gentiles, as any other Ceremony of the Law, they being so highly conceited of the work of paying of tithes. And ver. 28, 29. the Apostle saith, that it seemed good to the holy Ghost and to us, to lay no more burden upon you then these necessary things. The word no more, signifies that the Apostle knew that those that came down from Judea, and taught that the Gentiles must be circumcised, and keep the Law of Moses, meant the whole ceremonial Law; but the Apostle saith, That it seemed good t the holy Ghost and to us, to lay no more burden then these necessary things: that is to say, That ye abstain from things offered to idols, from ●lood, and that which was strangled. Again, all the ceremonial Law,( yea even tithes as well as other offerings) that was given to the Jews in Mount Sinah, was a note and sign of subjection and bondage that the Jews were in under that Law, to exercise their obedience for a time. Gal. 4.24. And the Apostle makes it a great part, if not all our Christian liberty( to be freed from all the ceremonial Law) that we have under the Gospel, more then the Jews had under the Law; for we are bound to observe the moral Law, as a rule to walk by in all our actions, and duties to God and man, as well as the Jews; and the Jews were freed from the curse of the moral Law, by faith in Christ to be offered a sacrifice for sin, and signified by their offerings, and sacrifices, as well as we are now by faith in him offered. Gal. 5.1. the Apostle faith, Stand fast therefore in the liberty wherewith Christ hath made us free; and be not entangled again with the yoke of bondage. And here the Apostle commands us to keep our Christian liberty unviolate in every article and branch thereof, as well as our Christian faith. 
Note.  Yea no doubt it is one article or branch of our Christian faith, to believe that Christ by his death hath freed us from the bondage of the ceremonial Law, according to that of the Apostle, Col. 2.14. he hath blotted out the hand-writing of ordinances that was against us, which was contrary to us, and took it out of the way, nailing it to his cross: which is meant of the bondage of the ceremonial Law, as well as the curse of the moral Law; as it appears by the Apostles words set down in the three next verses, 15, 16, 17. And having spoiled principalities and powers, he made a show of them openly, triumphing over them in it. Let no man therefore judge you in meat, or in drink, or in respect of an holy day, or of the new moon, or of the Sabbath dayes: Which are a shadow of things to come, but the body is of Christ. Are we bound to believe that by our Christian liberty, purchased by the death of Christ, we are freed from these Ceremonies before name, and not from Tithes? believe it who will.  
Again, the Priesthood of Aaron, and the ceremonies of the law were a type of Christ, and his ordinances in the time of the Gospel; and the ending of the Priesthood of Aaron, and the Ceremonies of the Law, at the death of Christ: and the establishing of new ordinances by Christ in the time of the Preaching of the Gospel by Christ himself, and his Apostles, was, no doubt, by the eternal decree and purpose of God, appointed to be a sure and certain demonstration unto all succeeding generations unto the end of the world, that that Jesus the Son of Mary, born at Bethlehem in the land of Judea, in the dayes of Herod the King, was the true Messiah promised to Adam in Paradise, and spoken of by the Prophets, as well as the departing of the sceptre or regal power from the Tribe of Judah was a sign to the Jews of the time of his coming: Gen. 49.10. The sceptre shall not depart from Judah, nor a Law-giver between his feet, until Shilo come. And therefore the rejecting of that way and ordinance that Christ by his example, and practise of himself and his Apostles, hath begun for the maintenance of the Ministers of the Gospel, in the time that he preached the Gospel, and to set up Tithes again the maintenance of the Priest under the Law, is a tempting of God, a making light of Christ and his ways, a taking away of his honour, a denying of Christ to be our Law-giver; and so by consequence to deny that Christ to be come in the flesh, that was promised to Adam in Paradise; and indeed to overthrow the verity of all the writings of Moses, and the Prophets.   

The second Reason, proving Tithes to be a case of Conscience, as it is a Popish custom.  
WE are bound by the national Covenant to endeavour the extirpation of all kind of Popery; and we conceive the payment of Tithe to be a Popish custom: because( in times when Christian doctrine and customs were corrupted) it was introduced and confirmed by the Pope, as it will hereafter in his place manifestly appear. For it is granted by all men, that the ceremonial Law( whereof Tithes was a part, as it hath been proved in our former Reason) was abolished at the death of Christ, by a public and sacred Decree made in a general counsel held at Antioch by the Apostles, and Elders of the Church, presently after the death of Christ, Act. 15. ver. 20, 21, 24, 28. except things offered to Idols, from things strangled, and from blood; which things, it seems, the holy Ghost revealed to the Apostles and Elders of the Church, that they should continue at that time, it may be to teach the Church of Christ that they should have no communion with Idolat●rs in their worship, and to avoid cruelty one to another: and if it had been Gods will that Tithes should have been continued, no doubt but the Apostles would have excepted tithes, as well as those things before excepted. And tithes were indeed actually laid down, as well as Circumcision, and the Passeover, and other ceremonies of the Law; and a new way of maintenance for the Ministers of the Gospel manifestly begun, by the example and practise of our Saviour, and his Apostles, in the time that he preached the Gospel before his death; In which time, he by his own baptism & preaching, began the state or form of the New Testament by his preaching another kind of doctrine then the doctrine of the Law; and practising another kind of maintenance for his preaching, then the maintenance the Priest had under the Law: and he appointed new Sacraments or Ordinances, in this time of the Gospel; yea the observation of the Sabbath was then translated from the seventh day unto the first day of the week, by the appearing of our Saviour to his Apostles and others on the first day of the week. Act. 20.7. The first day of the week the disciples being come together, &c. If the appearing of our Saviour to his Apostles, and others upon the first day of the week, and the Apostles practise of meeting, and preaching upon the first day of the week, be a sufficient ground for translation of the Jewish Sabbath from the seventh day unto the first day of the week, as indeed it is, and hath been so esteemed; why should not the practise of our Saviour, and his Apostles, for his and their maintenance, be as good a rule for the Ministers of the Gospel, that were to succeed them in after times, to have their maintenance after the same way, the injunction being the same, even the example and practise of our Saviour, and his Apostles?  
The maintenance of our Saviour Christ, and his Apostles, was by the free gift of the people, Luk. 8.3. And Joanna, the wife of Chuza, Herods steward, and Susanna, and many others which ministered unto him of their substance. And Judas carried the bag wherein this Church treasure was kept, for the maintenance of our Saviour Christ, and his Apostles, and for the poor Saints. Joh. 12.6. and Chap. 13.28, 29. That thou dost do quickly, but none of them that were at the table knew not for what intent he spake this unto him. For some of them thought, because Judas had the bag, that Jesus had said unto him, Buy those things that we have need of against the feast: or that he should give something to the poor. Here was the first pattern of Church goods, and treasure for the maintenance of the Ministers, and relief of the poor in the New Testament.  
And this was not an alms of mere pity given unto Christ because that he was poor, for he was God as well as man, and needed not their help; he could have sustained himself, and his Apostles necessities some other way, as well as he fed five thousand men with five loaves and two fishes: Luk. 9.13. but it was a duty that he required of all those that were converted by his preaching, to believe in him, to contribute of their substance( according to their abilities) for his maintenance, he being the chief Minister and Preacher of the Gospel. Matth. 11.1. And it came to pass, that when Jesus had made an end of commanding his twelve disciples, he departed thence, to teach and to preach in their Cities. Here Christ is called a Preacher; and why should not the Ministers that succeed him, and his Apostles, to hold forth the Gospel to the people, that he and his Apostles have preached, be content with his manner of maintenance? Can the Ministers of the Gospel in these times have a better or a more firm example then his? Yea, no doubt, this manner or way of maintenance for himself, and his Apostles, by the free gift of the people, was a pattern, and an ordinance of his( which cannot be altered without a dishonour to him) for the Ministers of the Gospel to have their maintenance by, and to follow: 1 Cor. 9.13. Do ye not know that they that minister, &c. even so hath the Lord ordained that they that preach the Gospel, should live of the Gospel, that is, by the way and manner of the Gospel maintenance, that Christ by his example hath left: not by a set quantity of sacrifices, oblations, and tithes, as the Priests did live by in the time of the Law; it is conceived that the Apostle in this place, 1 Cor. 9.13. before name, makes a distinction by way of opposition between the maintenance of the Priest under the Law, and the maintenance of the Ministers in this time of the Gospel. The one was to be partaker of the Altar, that is, of the maintenance that was appointed for those that served at the Altar; the other of the Gospel, that is, of the maintenance that God hath appointed for those that preach the Gospel. So it is clear by the Apostles argument, that the maintenance of the Ministers now in the time of the Gospel, ought not to be the same as the Priests was in the time of the Law, no more then the Law was the Gospel; but by a quiter contrary way or manner of maintenance: not by a set portion, or quantity of the peoples goods, whether they are able to spare so much or not, of the first born of our cattle, the first fruits of our Orchards, and Vineyards, nor the first fruits of our corn, nor tithes, or tenth part of the increase of our corn, and cattle, as the Priests and Levites had in the time of the Law; nor the tenth of the Tradesmans or handicraftsmans clear gains, for that part may drink up their livelihood and means of well being in this life; yea dry up their fountain or stock that should be as a well spring for their continual maintenance, if their clear gain be not enough to maintain their charge, and make up some losses that sometime they have in the fall of the price, or decay of some wears that hath lain long by them.  
Our Ministers may as well claim the first born of our children, and make us redeem them, as the Jews did their first born children; and the first born of our cattle, and the first fruits of our orchards, and vineyards, and of trees new planted, as tithes; for those things before name were due to the Priest by the same law. But the Ministers of the Gospel ought to have their maintenance as it is set down, Gal. 6.6. Let him that is taught in the Word, communicate unto him that teacheth, in all good things. The Apostle in these words shows, that there must be a mental dependency of the Minister and people one upon another; the people depending upon the Minister for his preaching, and teaching of them in the Word; and the Minister depending upon the people for his maintenance. But here is nothing said of tithes, or any such like set portion as tithes was; neither did the Apostles at any time lay any claim to tithes, as we can find in any part of the New Testament, but to a competent maintenance, 1 Tim. 6.8. therefore when we have food and raiment, let us be therewith content. This the Apostle spake of himself, and all other Ministers of the Gospel, as well as other men, as may be collected from the word us, here used by the Apostle Paul a Preacher to Timothy a Preacher, as well as to others; and by the Apostles argument continued from ver. 8. unto vers. 11. If there be any other way by any ordinance of Christ to be found in the Nest Testament then by the free gift of the people, let it be produced.  
And this willing alotment and portion that Christians should give for the upholding of Gods worship and ministry amongst them, and for the maintenance of the poor members of Christs mystical body, in this time of the Gospel, was( no doubt) represented by the voluntary oblation of the people to build the tabernacle, as may be collected from 2 Cor. 9. ver. 7, 8. as every man according as he purposeth in his heart, so let him give, not grudgingly, or of necessity: for God loveth a cheerful giver. And God is able to make all grace abound towards you, that ye always having all sufficiency in all things, may abound to every good word. And Luke 8.3. And Joanna, the wife of Chuza, Herods steward, and Susanna, and many others which ministered unto him of their substance. If these places of Scripture before mentioned be but compared with Exod. 25.1, 2, 3. And the Lord spake unto Moses, saying, Speak unto the children of Israel, that they bring me an offering; of every man that giveth it willingly with his heart, ye shall take my offering. And this is the offering which ye shall take, &c. And Chap. 35. ver. 21, 22. And they came every one whose heart stirred him up, and every one whom his spirit made willing, and they brought the Lords offering to the work of the tabernacle of the congregation, and for all his service, and for the holy garments. And they came both men and women, as many as were willing hearted, and brought bracelets, and ear-rings, and rings, and tablets, &c. it will appear plainly to any Christian mans understanding, that the Ministers maintenance is not any set portion of mens goods, nor to be taken from them by compulsion; but to be free: And that this free gift for the Ministers maintenance was represented by the free will offering of the people to build the tabernacle, as is said before.  
This way of maintenance of the Ministers, and the poor, by the free gift of the people from the example and practise of our Saviour Christ, and his Apostles( as it was represented by the free will offering of the people to build the tabernacle as aforesaid) continued in the Primitive Church in the Apostles times, and in the times of the Ministers that succeeded them, for the space of some hundreds of yeers, until Christian Doctrines and customs were corrupted with Errors and Heresies, and superstitious orders of superstitious persons were sprung up, as Monks, and Nunnes, and by assuming some superstitious Rites and customs of the Heathens, and by re-assuming the abolished Ceremonies of the Law, as altars, oblations, offerings, tithes, garments, purifying of women, and the like ceremonies of the Law: and as soon as the Pope was sprung up in the Church, and had set up an Antichristian Priesthood, like that of Aaron, calling himself the high Priest, and his Priests the Tribe of Levi, and Gods inheritance, saying, that his Priesthood was prefigured by Aaron, and the other Bishops by the sons of Aaron. Fox Act. pa. 719. And the Pope made all the clergy to swear Allegiance to him, as it appeareth by the oath to be taken by the clergy to the Pope. Fox, Act. pa. 901. the which oath continued until that King Henry the 8th. abolished the Popes supremacy out of this Land; then he commanded the people to pay tithes to his Priest, and his Priest to pay first fruits, and tenths, or tithes to him after the manner of the Jewish people and Levites to Aaron, in the time of the Law. Doctor Willits in his Synop. in the fi●th general controversy, pa. 314. saith, that in Austins time there was no general Law, nor custom in the Church for the paying of tithes: and in those questions that Austin the Monk, after that he came into England, propounded to Gregory Bishop of Rome for his advice, there is nothing said of Tithes, but of the free gift of the people. And Gregory Bishop of Rome sent Austin this Answer back again; That it was the manner of the Sea apostolic, for all that were ordained Bishops, that they should make four portions of this benevolence that the people gave them; one for the Bishop, another for the clergy, a third for the poor, and a fourth for the repair of Churches: and this was about 596. yeers after Christ. Fox in his Acts and Monuments, pa. 105. By this it appears, that in those times there was no tithes paid, nor required for the maintenance of the Ministers, but a treasury arising from the free gift of the people, laid up for the Bishop, the clergy, and the poor, and kept by the Bishop, or by some other of his appointment, much like the treasure given by the people, and kept by Judas; and that in those times they followed the example of our Saviour for their maintenance, as our Saviour and his Apostles had their maintenance. William Thrope saith, that Pope Gregory the 10th was the first that ordained tithes to be given to the Priest in the new Law, in the year 1211. Fox in p. 494. Yea the customs that we pay our Tithes by at this day, were settled upon this Kingdom, by the Popes Legates, in provincial, and synodal Constitutions, about the time of Hen: the 3d, and Hen: the 5th. so saith Doctor Ridley in the Book of his, called, A view of the Civill Law, pa. 147. And the same thing may be proved from several Statutes made in sundry Parliaments, in Hen: the 8th. and Edw: the 6th time, by which Statutes it was Enacted, that the customs of our Tithes settled in Provincial, and Synodal Constitutions should be viewed by 32. persons, but was never done: and therefore our customs for tithes must needs be the Popes customs as aforesaid; and the Pope had a part of Tithes paid to him yearly by the Bishops, and Priests in this Kingdom, that they received of the people in this Kingdom, as it appears by a Statute made in the 25. of Hen: the 8th. forbidding any more tithes and first fruits to be paid to Rome. And in the 26. year of his Reign he took first fruits, and Tithes to himself, and created an Office, called, The first fruits and tenths Office, into which the first fruits and tenths were gathered, which before that time was paid unto the Pope.  
From this that hath been said, we argue thus: that if Tithes were actually abolished, and laid down at the death of Christ, and a new way of maintenance manifestly begun, by the example of our Saviour, and practised by himself and his Apostles, and the Ministers that succeeded them for some hundred of yeers, as it hath been proved; and Tithes reassumed( in times when Christian doctrine and customs were corrupted) and confirmed by the Pope( as hath likewise been proved) without any warrant from the New Testament to set up Tithes again, as indeed there can be none produced for it, then the payment of Tithes is a Popish custom, it being the grand supporter of the Pope, and popish Priesthood; and so we believe that we have sworn against it, and we and whosoever else that hath taken the Protestation, and Covenant, to root out all kind of Popery, cannot with a good Conscience pay nor receive Tithes, except they will renounce the said Protestation and Covenant.  
And the Parliament have expounded the Protestation set forth Maii 5. 1641. and they say:  
Whereas some doubts have been raised by several persons out of the House, concerning the meaning of these words contained in the Protestation lately made by the Members of this House, viz. the true Reformed Protestant Religion, expressed in the Doctrine of the Church of England, against all Popery, and Popish innovations within this Realm contrary to the same doctrine; This House doth declare, That by those words, was, and is meant, onely the public doctrine professed in the said Church, so far as it is opposite to Popery, and Popish Innovations; And that the said words are not to be extended to the maintaining of any form of worship, discipline, or government, nor of any Rites or Ceremonies of the said Church of England.  
What can be more fully spoken, for rooting out of all kind of Popery, then this Exposition of the Protestation aforesaid? For whether by Popery, be meant all kind of Popish customs or rites, that have continued in the Church of England ever since the Reformation begun in Edw: 6. and Queen Elizabeths time; and whether by Popish Innovations be meant all kind of Popish Rites or customs that have been left since those times and the Bishops were a bringing in again; this Exposition aforesaid reaches them all( as we conceive) whether they be in Doctrine, Discipline, or Government, or form of worship, or for maintenance to uphold Gods worship, if it have no ground in Gods Word, and keeps a correspondency with the Church of Rome, in maintaining of their Idolatrous or Popish worship: we are to maintain onely the public doctrine, expressed in the Doctrine of the Church of England, so far as it is opposite to Popery, and Popish Innovations. By the Doctrine of the Church of England, we believe is meant the 39. Articles, so far as they agree with the Word of God: And we do not find that the payment of Tithes is set down in any of the 39. Articles for maintenance for the upholding of Gods worship.  
And as Tithes are a Popish custom, that is imposed by the Popes Authority, without any warrant for it in the New Testament, as it hath been proved; So likewise are Tithes a relic of Superstition, because given at the first out of a superstitious opinion of satisfaction for the sins of the donor, his wife and children: as it appears by some of our old Charters, recorded by Learned Mr. Selden, in the 11. Chapter of his History of Tithes; yea they are as superstitiously payed at this day by many Ignorant and superstitious men, who think it to be a prime character of a good Christian to pay tithes to their Minister; much like the proud and superstitious Pharisee, Luke 18.12. though they have no better warrant for it then custom, and some of our Ministers wish that there were more men now of the Pharisees mind.  
The unlawfulness of paying of Tithes will further appear by these six ensuing Reasons.  
1 As first, can any man think that if it had been our Saviours will that the Ministers of the Gospel should have had their maintenance by Tithes, but that he would himself, or by his Apostles, have left some new precept for the continuance of that ceremony of the Law; or else how should we know his will in so necessary a point as is the maintenance of the Ministers: He was not less faithful then Moses: Hebr. 3.2. And this faithfulness of his, was sufficiently manifested to the world, in that he fully declared his Fathers will in all things, to be believed and done by his children in this world? Or can any man think, that if the Apostle Paul had received any such command from Christ to teach the Gentiles, that they should pay Tithes to the Ministers, and that the Ministers of the Gospel should have had their maintenance by Tithes: but that he would have spoken of Tithes, when he spake of the Ministers maintenance so oft as he did in his Epistles, and not have spoken of the Ministers maintenance to be after another manner of way, then by Tithes? As he did, Gal. 6.6. and in other places; Matth. 28.20. Our Saviour gave his disciples this command, Teaching them to observe all things whatsoever I have commanded you, &c. And Paul saith, Act. 20.27. For I have not shunned to declare unto you all the counsel of God. Then surely we may conclude from these Scriptures afore mentioned, that neither our Saviour received any such command from God the Father, nor his Apostle Paul received any command from Christ, to continue Tithes for the Ministers maintenance.  
2 Our Saviour Christ that knew the thoughts of mans heart, and the event of things to come, Joh. 6.64. He knew from the beginning who they were that believed not, and who should betray him. Our Saviour knew likewise that the justice and equity of the law of Tithes amongst the Jews, stood in the manner and form of worship, laws, and policy that it pleased his Father to appoint in the Church and Common-wealth of the Jews at the institution and foundation thereof: And that his Father did so order, and appoint the Nation of the Jews in the foundation of their Church, and common-wealth, that the twelfth Tribe should be separate from the other Tribes, and freed from earthly cares, and tend upon the service of the Altar, and take care for the tabernacle, the vessels, and instruments that belonged to their sacrifices; and in his divine wisdom appointed Tithes, that he had reserved for himself, to be a reward or wages for their service that attended at his Altar; and also a portion for one of the Tribes in the land of Canaan, that so he might fulfil his promise made unto Abraham, Gen. 13.15. and Chap. 17.8. And our Saviour knew that the Jewish tithes could not stand with the justice of the moral Law of God his Father, and the law of Nature, in other Common-wealths, in other countreys( where he was to preach the Gospel) that were of another form of constitution, and had contrary laws and customs of great rents, and other charges that were laid upon their land; and because of the barrenness of the land in other countreys; and he knew that in the time of the Law his Father had a greater, and more special providence over the land of Canaan, and people of the the Jews, then was to be expected in future times in any other country or Nation; and the land of Canaan in its own nature was more fruitful then many other countreys: And he knew that in an ordinary way of his Fathers providence on the fruits of the earth, it was impossible that the husbandman at all times, and in all places in other countreys, could spare so great a portion of thei● goods and labour every year as the Jewish tithes came unto, without the great oppression of all husbandmen, and the undoing of many, as now daily experience sheweth to us. And those that speed best under this law of tithes are but slaves, having this law of tithes always as a yoke and burden upon their shoulders. Was not Christ a King? yea surely, but not like Rehoboam, to lay heavier burdens upon his people then his father, but easier; and therefore Christ saith, Matth. 11.30. My yoke is easy, and my burden light.  
And the Church that Christ was to plant( in other countreys amongst the Gentiles) was to be of another manner and form then the national Church of the Jews was; the Church of Christ being a select company of men, drawn by the cords of love( not of fear) to believe in him, nor of majesteriall compulsion to an outward conformity; but of men truly believing in Christ, by the power of the preaching of the Gospel, and manifesting their faith by their good works, or outward deeds. Jam. 2.15, 16, 17, 18. And therefore Christ hath declared his will, that every one that hath benefit by the preaching of the Gospel, should contribute of their substance( in token of their faith) to him that teacheth them. Gal. 6.6. Let him that i● taught in the Word, communicate, &c. Every man as well as the husbandman is to contribute, according to their ability, to the Ministers maintenance: and therefore for this reason our Saviour would not appoint tithes in other countreys where the Gospel was to be preached; nay, with reverence be it spoken to his divine majesty, he could not appoint tithes in other countreys, for he came to fulfil the moral Law, and the law of Nature, and taught men to observe them: Matth. 7.12. and to put an end to all the burden of the ceremonial law, as well the burden of tithes, as of the burden of circumcision, and other ceremonies, according to the eternal decree and purpose of God his Father.  
3 The maintenance of the Ministers by tithes is unjust, because unequally born amongst men; for some men of best ability pay nothing at all, as the greatest landed men in the Countery, that let out their land at rack Rents to poor husbandmen, for they take a rent for the consideration of the strength of their Land, and the burden for maintaining the Ministers lies upon the poor Tenant: And tradesman, and Artificers in the country, that use as great a stock as the husbandman, pay nothing, except it be a garden penny, or two pence at Easter for an offering or oblation. As for example, the husbandman using a Stock of 500 l. in his Trade of husbandry, pays 35 l. per annum, or more to the Minister, and a Tradesman that uses as great a Stock, of 500 l. and hath or may have as much benefit by the preaching of the word, pays but a penny or two pence as aforesaid, as Maultsters, Drapers, Tanners, Brewers, and other tradesman.  
But some Ministers object and say, that tradesman, and Artificers, and labouring men, ought to pay the tenth of their gain, and the tenth of their labour, personal tithes, that is, the tenth of mens labour, are due as well as prediall tithes, as we find, Deut. 12.6. And thither shall ye bring your burnt offerings, and your sacrifices, and your tithes; and heave offerings of your hand, and your vows, and your free-will offerings, and the firstlings of your herds, and of your flocks. And in the Statute of 2. Edw: the sixth.  
To this we answer: that this in Deut. 12.6. proves not personal tithes, that is, the tenth of mens labour to be due to the Ministers; for the offerings of first fruits, of trees new planted, and all other first fruits may be understood in those places: And the Statute of 2 Edw: 6. cannot make the tenth of poor mens labour due, although it doth command it in some places where there hath been such customs to pay such tithes. Neither doth such personal tithes stand with the doctrine of the Gospel; for the Ministers of the Gospel ought not to be burdensome to their hearers: and the Ministers as well as the people ought to be contented with a competent maintenance. 1 Tim. 6.8. And having food and raiment, let, us be therewith content. This the Apostle speaks of himself, and other Ministers, as well as of the people: And if the Ministers should have the tenth of every mans labour, then the minister who if he were but one in an hundred should have ten times as much as any one man by the power and strength of Nature can get per annum for his maintenance: And if the Minister be but one in 200. then 20. times as much as any one man; And if the Minister be but one in 400. then he should have forty times as much as any one man can get for his living, by the strength and power of Nature and Art. And this way to make the Ministers to abound in a high degree of superfluity, over any one man that maintains them, and to take away the tenth of any mans earnings, would be too much for any man to spare, that is of the strongest and most active body. And if the Minister should have the tenth of the Tradesmans labour and gains, if he have any, and the tenth of his Stock that he lays out in any commodity that he trades in, as that Minister hath of the husbandmans stock, and yeers labour, and gains too if he have any: this would make the Ministers superabound, and be drowned in worldly wealth. Must the Ministers fare deliciously every day, like the rich glutton, and be clothed in soft raiment, like them that are in Kings houses, and maintain their wives and daughters in Velvet gowns, and Tafetie petticoats? The ministry, and Ministers of the Gospel, was appointed by God, to be a spur unto holinesse, and not a stirrup to pride: for the Ministers of the Gospel ought from the example of Paul to Timothy, 1 Tim. 6.8, 9, 10, 11. to teach and preach to his flock moderation, and temperance in meat, and drink, and apparel; and contentedness with a competent estate, and be an ensample to his flock in those things before name. And for the Ministers so much to abound in superfluity of worldly wealth, and preach to their flocks that they must observe moderation in those things before name, and be contented with course fare, and mean clothing; and for the Ministers to preach to their flocks that themselves must so abound, how doth this doctrine of theirs agree with that of the Apostle, 1 Tim. 6.8, 9, 10, 11. doth it not hang together like pible stones in a With? who will believe them either for their doctrine or works sake?  
4 Tithes are the cause of worldly-mindednes in the Ministers, and makes them uncharitable to their flock; always thinking that the people never pay their tithes truly: and therefore they are always quarreling with their neighbours, and going to law with them many times for trifles not worth the naming, contrary to the admonition of the Apostle, 1 Cor. 6.7. We could give many instances for proof of this, but one shall serve for all. A poor man renting 20 Acres of arable land to provide bread for himself and his family, he few six Acres of it with wheat, and by reason of the great difference in the nature of the ground that it was sowed upon, some of the corn in some places of the field was ripe 12 or 14 dayes before the other, even in one land; the poor man reaped the corn in those places that were ripe; and the Minister seeing him to do so, reaping his corn by patches, called him cozening cheating knave, and said that he did it to cousin him of his tithe; or to cross him, to make him to go two or three times for four or five sheaves. And the Ministers take tithes of men that they had more need give unto; and many times without any bowels of mercy and compassion; And thus with the cruel usage of the people, like the sons of Ely for their wickedness, 1 Sam. 2.13, 14, 15, 16. so our Ministers make the people abhor the oblations and offerings of the Lord, that is, the ministry, which by this means of tithing the Ministers make to be unprofitable to the people: and by reason of the great disproportion that there is in Parsonages, one being bigger then another, it makes the Ministers, like Politicians, seek, by one means or other, to get greater benefice ( as they call them) though many times by unlawful means.  
5 We have sworn to maintain the Protestant Religion, contained in the Doctrine of the Church of England; and we believe that by the Doctrine of the Church of England, is meant the 39. Articles. And Tithes are contrary to the Doctrine of the Church of England contained in the 38. Article of Christian mens goods, against the Anabaptist, it is said in that Article, that Christian mens goods are their own, as touching the right title, and possession; and are to be given to the poor according to mens ability. This custom of Tithes exacts a greater portion of Christian mens goods then they are able to spare; and claiming a right to them without any warrant for it out of the New Testament, it is contrary( as we conceive) to the doctrine of that Article: For how have we a right and property in our goods to dispose of them to the poor, or for ourselves, according to our ability, when others claim a tenth part of them every year, whether we are able to spare so much or not? which is worse then the community of goods condemned in that Article For if all things should be common, then none should want if others had any thing, which were more agreeable to Christian Doctrine, then for these Tithe-mongers to take away other mens goods which they are not able to spare, and so leave them that they take them from in want and misery; and so( many times) puts him to his shifts( which is contrary to the moral law of God, and the law of Nature) to crave relief from others; when as before he had enough for to sustain himself, and might have had something to spare( if the Minister had not taken so much) to have given to the Minister, and to the poor, and to relieve them that, by the Law of God and Nature, they are more bound to help, as father and mother, wife and children, and brother and sister. Our Saviour condemned the like covetous doctrine, and practise of the Priest under the Law. Mar. 7.11, 12, 13.  
6 Tithes have been the cause of depopulation of many Villages in this Kingdom; for the Landlord perceiving that he can make more Rent of his land to graze, then the husbandman can give for it to plow, by reason that the tenth of his Stock is taken from him, and the tenth of his yeers labour every year under the name of Tithes; and therefore the Landlord hath let fall, or pulled down his houses, and turned his land to pasture; and a shepherd and his dog will bring in more Rent to the Landlord, the land being in pasture, then ten Teams of horse with men to follow them can do; by reason that the Grafiers Stock is not taken from him, as the tenth of the husbandmans stock is every year, the land being tillage; for the tenth of the husband mans crop is taken from him wherein his Stock and yeers labour lies.  
But the Common-wealth doth loose by turning arable land into pasture; for by that means men are made fewer, sheep and oxen devour men; the honour and strength of a King, and Kingdom, is in the multitude of people: Prov. 14.28. And the land kept in tillage, breeds and maintains as many, if not more, cattle, of horse, hogs, beasts, and sheep, then it doth lying in pasture; and the treasure of the Kingdom, and mens labour, and the labour of horses being converted into corn makes the Kingdom the richer, and the people both poor and rich( that have no land) to live the plentifuller, It is corn that the good husbandman and Statesmen must look for in this Kingdom principally, for the supportation of themselves, and the rest of the Kingdom; yea the King is maintained by the field that is tilled: The labour and charge of husbandmen in that calling is great; and their discouragements, and losses in their cattle, and corn, are great, and many; and on their labour and charges in that calling doth depend the greatest welfare of this Kingdom, as aforesaid: and therefore the husbandmen that lay out their stock, and take such great pains in the Winters storms, and pinching could, and summers heat, had need of some encouragement by enjoying their goods, and labour for themselves; better then heretofore they have had, under this unreasonable Law of Tithes.    

The second Proposition. That Tithes are oppression, to the Husbandman a burden too heavy for him to bear, and undoth many, is hereafter proved.  
NOw for the clearing of this Proposition, concerning the oppression of Tithes, we must first understand what is meant by increase, whether it be meant of the clear gain that come● unto the husbandman, his stock and labour being deducted out of his crop of corn; As the Tradesman by the Statute of 2 Edw: 6. is to deduct his stock and charge, and then to pay but the tenth of his clear gain: or as all persons called spiritual, as Bishops, Parsons, and the like, were appointed by a Statute made in the 26. of Hen: 8. to pay tenths or tithes to the King. They by that Statute were appointed to pay but the tenth of their clear gain or income by tithes, or other profits of Rent that they received for their land; all their charges are to be deducted, even the Stewards, bailiffs, and Receivers of their Rents, their wages and fees shall be deducted by that Statute: and there is as good reason that the Husbandmans Stock and charges should be deducted out of his crop of corn, for the preservation of his Stock for his continual maintenance; and for the husbandman to pay but the tenth of his clear gain, if he have any, the oppression would not be so great as it is; if the clear gain or increase be enough to maintain the husbandman comfortably without diminishing of his Stock; if increase be not thus taken for the Husbandman, as for the Tradesman, and Bishops, and Parsons before name in the aforesaid Statute of the 26 of Hen: 8. and 2 Edw: 6. Then there is not an equal distribution of Justice to the husbandman in this law of tithes, as to the tradesman, and others before mentioned.  
But under the pretence of increase, there is taken from the husbandman the tenth of his stock and yeers labour every year, by taking the tenth of his crop( in which his stock and yeers labour lies) under the spetious name of tithes or tenth of increase, as if his crop of corn were all increase, or clear gain: If increase be thus taken, then it is impossible to be performed by any husbandman, without the great oppression of him, and the utter undoing of many, as daily experience sheweth: And thus to take the tenth of the Husbandmans stock, and yeers labour, is oppression, cruelty, tyranny, and a sin against the sixth and eighth Commandment, it being considered in several respects, yea against the Law of Nature, or sound natural reason; and in the breach of the rules of Reason, man is least excusable before God and man: and a man may as soon make another universe, as make this law of Tithes any other then a breach of the moral Law of God, and Nature.  
Our Parsons it may be think, that the husbandman may spare the tenth of his crop as easily as they may spare the tenth of their tithes, that they receive of the husbandman, that costs them nothing but the carrying into their Barns: But herein they are grossly deceived, or wilfully blinded; for the Husbandman lays out his stock and treasure in corn, as any Merchant or Tradesman lays out his stock or treasure in any Merchandies or wears whatsoever. As for example, a man cannot set a crop of Wheat upon one Acre of ground under 40 s. where the land is worth but 5. or 6 s. per annum by the Acre: and in those places where the land is worth 10 s. or 16 s. or 20 s. per annum by the Acre, a man cannot set a crop of Wheat under 3 li. or 4 li. and in some places 5 li. upon one Acre of that land that is let at those rates; and the Husbandman waits a year and a half for the return of some of it, and a year for the return of the rest of it; and many yeers within the term of 21. the Husbandmans stock so laid out returns none increase, but decreases sometime after the rate of 5. sometimes 10. or 12 l. in the hundred; And this we can prove by divers instances, of men that have lost of their stocks( laid out in their crops) after that rate, and yet no fault in the husbandman, either for want of skill, or diligence in his Calling; and some do so every year in one place or other of this Kingdom, and yet the tenth of the husbandmans crop is taken from him yearly without any consideration of his losses: And the person hath no sooner taken the tenth of the crop, but the nine parts being the remainder of the husbandmans decayed stock, is again to the person like the bull or cow that Job speaks of, Job 21.10. the wicked mans bull gendereth and faileth not, his cow calveth, and casteth not her calf. Even so doth the remainder of the husbandmans decayed stock, presently it gendereth again, and faileth not to bring forth another increase to the person the next year, though with at much loss to the Husbandman as before; and the Ministers and Impropriators like the Ae●yptian task-masters spoken of, Exod. 5. ver. 6, 7, 8. exact the full number and tale of our brick; we mean the f●ll touch of the husbandmans crop, and give not so much as stubble or straw towards the making of it; yea although that the husbandmans stock be always barren to himself, yet it hath as fruitful a womb to the person, as is the womb of a certain kind of Coneys, of whom Pliny speaks in the 8. book of his natural History, which after it be once with young, it conceiveth again upon it, insomuch as at one time she hath some Leverets sucking of her, others in her belly, and those not of the same forwardness; for some of them are covered with hair, others naked without any down, and there be of them that are not shapen at all, but without form: Even so the Husbandmans Stock is always with young, breeding, and bringing forth one kind of tithe after another; and always it hath some kind of tithes sucking upon it: for after the Husbandmans Stock hath brought forth tith● hay, and tithe corn, the like tithe hay is breeding again, though not yet formed; and the same nine parts of hay and corn hath some young ones, not of the same forwardness, but one after another; and tithe calves that grow of those aliments, that arise of the same nine parts of hay and straw that have been tithed the same year; and as soon as tithe calves are taken from their Dams, then tithe milk that ariseth from the same nine parts of hay and straw that have been tithed before, and tithe pigs several times in the year, arising out of the nine parts of corn tithed before; and likewise tithe eggs, and tithe chickens, that ariseth out of the same nine parts of corn that hath been tithed before; and also lamb, and wool arising partly from the same nine parts of hay tithed before; for the sheep are kept in the Winter with the hay that hath been tithed before; all which tithes before mentioned, is as bad, if not worse, then Use upon Use after the rate of 10 li. in the hundred: as if a man should lend another man 800 li. and bind the same man to whom he lends it, to give the lender 10 li. for the Use of the 100 li. and 20 s. for the Use of the 10 li. the same year.  
And thus Tithes eats up and consumes the husbandmans stock and estate, by taking the tenth of his Stock employed in his crop of Corn, in taking the tenth of the crop every year, and tithing his stock twice or thrice every year: And many of our Ministers and Impropriators, when they have gotten away the Husbandmans Stock, and brought him to poverty and beggary, then they cast upon him this or the like reproach, and say he was an idle fellow, and unskilful in his Calling; when indeed the truth it, the Hu●bandman, whose Stock they have eat up, and consumed by Tithes, was more skilful in his Calling then the Minister that eat him up, was in his Calling, and for diligence there is no comparison; And many Impropriators have no Calling at all, but live idly upon the sweat of other mens brows, and eat the bread of other men.  
The oppression of Tithes will better appear by this ensuing Demonstration: It is a sure and true rule amongst the Husbandmen that understand the mystery and calling of Husbandry, that the Stock that the Husbandman must bring to stock a Farm, that consists of tillage, must be the fourth part of the purchase of the Land, after the rate of 20 yeers purchase, of what yearly value soever the Farm be. As to instance in a Farm of 100 li. rent per annum, he that will rent that Farm, must bring a Stock of the value of five yeers purchase, that is 500 li. forwith a less Stock he cannot stock a Farm of the rent of 100 li. per annum, and, 350 li. thereof is laid out in the crop of corn every year in rent, seed, ploughing, and other labour in digging of the ground, weeding of the corn, and cutting of it at Harven, and gathering it together to make it ready to be carried into the Barn, and is but so much money laid out in Corn, as any Merchant or Tradesman lays out so much money in any Merchandies or Ware whatsoever; 100 li. is laid out, 80 li. in horse, harness, Ploughs, Carts, and other implements of Husbandry, and the use of them is employed in tilling, and preparing of the land for the crop of Corn, and they wear out, and are consumed in their use, and must be renewed out of the increase of the crop of corn, if there be any, or else the wearing out of them will wear out his Stock in time. And 40 li. must be laid out in cowes, sheep, and other cattle; and the greatest profit of them is spent every year by the Husbandman, whilst that he is preparing and tilling of the land for the crop; and many times the husbandman loses in a year( in many places of this Land) 20 li. and more by sheep that die of the ●ot, and other casualties, yea as soon sometimes as the person hath taken the tithe of the wool, and lamb: and in many places of this Kingdom where the Land lies in Common fields, and cannot be let lie to gather heart, by reason that it must be continually tilled, the Husbandman is those places cannot be without flock of sheep for the Fold to dung his ground, and the flock of sheep( if as aforesaid dead of the rot or other casualties) must be renewed out of the increase of the crop of corn if there be any; or else the Husbandman in those places will soon come to poverty, as many men in those places have done, by the loss of their flock of sheep, their crop not increasing enough to buy sheep again, by reason that the tenth thereof is taken for tithes every year. And there must be 30 li. laid out in utensels or necessary things in the house, which wear out many of them in their use, as Linen, Beding, brass, Pewter, and all kind of Coopers ware; and these also must be renewed out of the increase of the crop of Corn, if there be any.  
And thus the 500 li. Stock is laid out in the several sums aforesaid: In the Crop 350 li. In horse, harness, Ploughs, Carts, and other Implements of Husbandry, 80 li. In Cows and Sheep, 40 li. householdstuff, 30 li. sum total 500 li.  
And this rule of laying out a Stock of 500 li. in a Farm that consists of tillage, will hold in most places in this Kingdom, except in those places where the land lies in three parts in Common fields, there will be something less laid out in the crop, and some implements of husbandry: but then there must be more laid out in the flock of sheep, with the charge of keeping of a Shepherd to follow, and to fold them, to keep the ground in heart; and they must be upheld by the Crop, and so reckoned in it.  
And if the crop be well considered, there is not one year in seven that the crop of Corn( upon ordinary land that hath been kept in tillage) is worth any more money at harvest, then that part of his Stock aforesaid laid out in the crop, if the Husbandman be but payed for his labour, as he pays the day labouring man for his labour, if the crop be worth so much the Husbandman is glad; and gives God thanks that he hath blessed his labour so well: the crop is oftener less worth then more. And there is not one year in ten that the crop of corn of ordinary land in any Farm is worth so much more, besides his stock laid in the crop as aforesaid, as the tithes thereof comes unto; and yet the tenth of the crop is taken from him, without any consideration whether his stock have increased, or decreased in the crop. If the crop be worth no more then the 350 li. laid out in it as aforesaid, yet the Parsons tithes will be worth 35 li. for he hath the tenth of all the crop; and this 35 li. is above the third part of the yeers rent of that Farm: Then by this account the Husbandman hath taken from him, by the Ministers or Impropriators, the sum of 35 li. of his stock; and his Stock is decayed 35 li. although that the husbandman hath played the good husband, and hath had the blessing of God upon his labour, in an ordinary way of Gods providence on the fruits of the earth: and thus in few yeers the Parsons Tithes eats out, and consumes the Husbandmans Stock. And if the Husbandmans crop be not worth so much by 50 li. as the stock or charge that he hath laid out in it( as many a year within the term of 21. it is not) yet the Parsons tithes will be worth 30 l. Then by this account the Husbandman hath lost 50 li. by his trade of Husbandry; and he hath taken from him 30 li. more of his decayed stock, which being put together makes 80 li. which is almost the fifth part of his whole Stock, that he hath lost by his crop of corn in one year, besides his tithe wool, and lamb, and besides other losses that may fall out the same year; and besides the wearing out of his implements of husbandry, that require yearly renewing: and if some few yeers prove unseasonable, the Husbandman is by this means of tithing bereaved of the greatest part of his stock, and so by this means in few yeers utterly undone. And this we can prove by divers instances of men that have been thus undone; and yet no fault on the Husbandmans part.  
But suppose the Husbandmans Stock( after one such yeers loss) should prove for ten yeers together as well as can be expected, yet the husbandman shall never recover that one yeers loss in that ten yeers, but live in want and misery in that Farm, by reason that the tenth of his stock and labour is taken from him yearly under the name of Tithes.  
But suppose that the Husbandmans stock, with his labour, and diligent care, should increase every year after the rate of 10 li. in the 100. how stands it with the justice of the moral Law of God, and the Law of Nature, or sound natural reason, that another man, whether Minister or Impropriator, should carry away every year all the increase of the husbandmans stock and labour, that he hath laboured for all the year, and laid out his Stock or treasure in his Calling, hoping for some gain or increase?  
The husbandman by this means of Tithing, is in no possibility of increasing his talent or stock, to lay up any thing for his wife and children, as the order and duty of Nature requires him. Gen. 30. v. 30. and Jacob said unto Laban, but now when shall I provide for mine own house also? And the Apostle saith, 1 Tim. 3.8. But if any provide not for his own, and specially for those of his own house, he hath denied the faith, and is worse then an Infidel. And is not the means its self, when provided, taken from them by the Ministers and Impropriators under the name of Tithes?  
Nay although that the Husbandmans Stock with his labour do increase every year after the rate of 10 li. in the hundred, yet by this means of tithing, there is not onely taken from the husbandman all the increase of his stock, and yeers labour; but also some of the Stock itself. As for example, if the 350 li. aforesaid laid out in the crop do increase 35 li. that is to say, that the crop of Corn be worth 35 li. more then the 350 li. aforesaid, laid out in the crop of Corn, which 35 li. is the increase of 350 li. after the rate of 10 li. in the hundred; then by this account the crop of Corn must be worth 385 li. and the tenth of 385 li. is 38 li. 10 s. which the person( whether Minister or Impropriator) takes for tithe; for he hath the tenth of all the crop, wherein the 350 li. stock, and the 35 li. increase lies: Then by this account the person( whether Minister or Impropriator) takes 35 li. which is all the increase of the 350 li. aforesaid( laid out in the crop) and 3 li. 10 s. of the Husbandmans stock laid out in the crop of corn as aforesaid.  
And so by this means of tithing, the Husbandmans 350 li. Stock laid out in the crop of Corn, is come to be but 346 li. 10 s. and so there is 3 li. 10 s. l●st of the Husbandmans stock. O viperous brood( Tithes) that eats out the bowels of the Dam that breeds it, we mean the Husbandmans Stock, every time that it is delivered of Tithes. He that shall deny this fore-going Demonstration( of Tithing) to be true, must deny his own reason: and every understanding Husband mans experience. And he that doth think to make men to believe, against sound reason, and true experience, must go seek out another world of men to beget such a kind of faith in.  
Is it not worse then Usury to take 10 li. in the 100. not for lending an 100 li. of his own money, but the person( whether Minister or Impropriator) in taking of Tithes takes 10 li. in the 100 of another mans money; and the Impropriator gives nothing at all to him that he takes it of. To take 10 li. for the loan of 100 li.( of a mans own money) for a year, hath been adjudged excessive receiving, and gaining from another man, though it be for lending of his own money; and therefore now no man may take above 8 li. for the loan of 100 li. for one year: and yet by this corrupt custom of Tithing, there is taken of the Husbandman, by the Ministers and Impropriators, Use upon Use, after the rate of 10 li. in the 100. not for lending their own money, but of anothers( the Husbandmans) money.  
Can any man live upon a more ungodly way of maintenance then this of Tithes? it being worse then that of Use for lending of money condemned by the Statute Law of this Land: Jer. 22.13. Wo unto him that buildeth his house by unrighteousness, and his chambers by wrong: that useth his neighbours service without wages, and giveth him not for his work. Or can any man be in a more slavish condition then the Husbandman is in, to pay Use upon Use after the rate of 10 li. in the hundred for his own money and labour: and weary himself for very vanity? As the Prophet said of those that were under oppression amongst the Jews in his dayes: Hab. 2.13. yea wear out himself, and his stock, to enrich another man.  
Now whether the taking the tenth of the Husbandmans stock, and the tenth of his yeers labour, by taking the tenth of his crop under the name of Tithes, be oppression, or not; and whether it stands with the justice of the moral Law of God, and the Law of Nature, or sound natural Reason; and whether it stands with the honour of a Christian Nation, where men profess christianity, and the power of godliness, that one man should be a slave to another; yea devour an other like the beast in the field. The Apostle saith, Gal. 5.15. But if ye bite and devour one another, take heed ye be not consumed one of another. And whether it will stand with the Honour of this Parliament, and the trust reposed in them by the Free-holders, and other Free-men of this Kingdom, that by their voices choose them to be the Parliament, that they should continue the Husbandmen( which lays out their stock or treasure in their Calling to provide bread to sustain this Kingdom; yea they that have born as great a part of the burden of these Warres( to purchase our freedoms) as any one sort of men in this Kingdom) under the yoke and burden of such a Law and custom, that it should be impossible for the Husbandmen in an ordinary way of Gods providence in their Callings, to lay up any thing for posterity, or live comfortably in this present life; we leave to every reasonable man to judge.  
That this is true, that the earth brings forth no more increase then is before mentioned, the Husbandman can tell by experience; and it is possible for any rational man to prove, that lives in any Parish in this Kingdom, if that he take a true survey or account of every mans crop in that Parish, what it is worth at harvest, and what it stands him in: as, of rent, seed, dunging, liming, chalking, and marling of the ground, ploughing, weeding, and cutting of the Corn.  
By this Demonstration the Reader may perceive that the Husbandman doth pay Use upon use after the rate of 10 li. in the 100 for all that part of his stock that he lays out in his crop of Corn, and cattle, which doth amount unto 8 li. in the hundred( within a little) for all the Husbandmans stock of horse, harness, ploughs, carts, and other implements of husbandry; yea for the Bed that he lies upon, and his brass pots, and kettles, yea for the stools and forms that he, and his children, and servants fits upon; for 500 li. at 8 li. in the hundred is worth 40 li. per annum, and the tithe hay, and corn, and tithe calves, milk, lamb, and wool, pigs, eggs, and all other things that the Tithemongers will have to be titheable, will be worth 40 li. per annum, where they are taken in kind in a Farm of 100 li. rent per annum, and that consists of tillage. And we can instance in some men that have payed 40 li. per annum for tithe corn, wool, and lamb, in a Farm of tillage, not much more per annum then 100 li. but in few yeers it did undo some of them.  
And thus the Reader may perceive, that the Husbandmans stock raises and advances the Ministers and Impropriators families, and provides stocks for their children, if they would live but as sparing, and fare as hard as the husbandmen do; And the husbandmen by this means cannot provide any thing for his own children: Now 35 li. per annum, which is the value of the tithe of the husbandmans crop of corn, will rise in 21. year 735 li. to the Minister or Impropriator, besides the other tithe of wool, and lamb, calves, milk, pigs, &c. that may make it up 800 li. or 840 li. in 21 year: and the Husbandman, out of whose stock and labour these sums of money aforesaid are raised, shall be never the richer at the 21 yeers end, then he was at the beginning therof when he brought the 500 li. stock to such a Farm as aforesaid; but if that he have kept his Stock whole at the 21 yeers end, to divide amongst his children, he thinks that he hath sped well, and played the good husband.  
But some man, it may be, will object, that the husbandman, hath lived upon his Stock, and brought up his children with it.  
The husbandman and his wife have not lived upon their stock, and brought up their children with it; but the husbandman, his wife and children have lived upon their labour: for the husbandman, his wife and children, earn as much as will keep them as well as they are kept, if they were payed for their labour but as he pays the Day-labourer for his labour. And thus the husbandman gives away all the profit of the use of his Stock after the rate of 8 li. in the hundred, of what value soever the Stock be, according to the greatness of his Farm.  
And the Reader may observe, that the tithe corn in every Parish where the land is arable, doth amount unto the third part of the yearly value of all the land in the Parish, although that the husbandmans stock increase never a penny; because the tithe is the tenth of all the husbandmans stock laid out in the crop.  
And the Reader may observe, that the Tenant that rents the land, doth gather up all the Purchers or Landlords money( that he laid out in the Purches of the Land) in the term of 20 yeers the Purcher shall have all his money again that he laid out for the land, and the land beside; So the Purchaser doth double his Stock in 20 yeers: But the Tenant who lays out a stock of the value of the fourth part of the Purchase, shall have nothing for the use of his money; It is as good reason that the Tenants Stock should increase something as the Purchers.  
We conclude this Demonstration, of the oppression of Tithes, with that of Solomon, Eccl. 4. v. 1, 2, 3, 4. So I returned, and considered all the oppressions that are done under the Sun, and behold, the tears of such as were oppressed, and they had no comforter: and on the other side of their oppressors there was power, but they had no comforter. Wherefore I praised the dead which are already dead, more then the living which are yet alive. Yea, better is he then both they, which hath not yet been, who hath not seen the evil work that is done under the Sun. Again I considered all travel, and every right work, that for this a man is envied of his neighbour: this is also vanity, and vexation of spirit. Even so the Husbandmans labour is envied him; and others by a State policy live upon his labour.  
Obj. But now it may be some man( that understands not the mystery of Husbandry) will say, How can 350 li. be laid out in the crop of Corn in a Farm of 100 li. per annum, must there be 3. yeers and a half purchase of the land laid out in the crop?  
Ans. In the chiltern parts of Buckinghamshire and Harfordshire, where the Land lies in closure, there the Husbandman hath 300 Acres of arable land, and at 6 s. 8. by the Acre, that comes unto 100 li. and the husbandman must divide that 300 Acres into 4. parts: 60 Acres he must let lie to keep the land in heart, and keep his beasts and sheep upon it; There should be a fourth part of such land lie always to keep the land in heart, or else if the husbandman should keep all his land in tillage, then in a short time none of it would bear any corn, but must lie for 7. or 8. yeers together as now many Farms do: the land is so worn out, that the Tenants are forced to turn up their Farms. And there must be 80 Acres for fallow, and 80 Acres sowed with wheat, and 80 Acres with oats and pease; and thus the 300 Acres are divided.  
Let lie to rest 60. Fallow 80. Wheat 80. oats and Pease 80.   300.  
There must be reckoned a yeers and a halfs Rent in the crop, for there is two yeers Rent in the Fallow; and the profit that will be made of that land that lies will not arise to any thing towards the Rent: but the Rent of that must be reckoned in the fallow, because the profit of that is spent with the husbandmans horse, and servants, whiles that he is making the fallow in the summer.  

A year and a halfs rent is 150 li.  
And of seed wheat, 20 quart. at 5 s. the bushel is 40 li.  
Seed oats and Pease 30 quar. at 20 s. the quar. is 30 li.  
Item for ploughing of the fallow for Wheat for 3 tilles at 5 s. the Acre, for every of the three times ploughing 60 li.  
Item for dung, and the carrying of it, and spreading of it, if there be but 3 loads laid upon one Acre one with another, it will be 240 loads; and 240 loads at 2 s. the load, for the dung and carriage, is worth 24 li.  
Item for ploughing and harrowing of 80 Acres for oats and Pease at 6 s. 8. the Acre, comes unto But sometimes it costs him more. 26 li.  
Item, for weeding of the Corn at 6 d. the Acre one with the other, Wheat, oats and Pease for 160 Acres, is but it may be it may cost 10 li. 4 li.  
Item for cutting of the Corn, and making of it ready, it will cost for 80 Acres of Wheat at 4 s. 6 d. is 18 li.  
Item, for cutting of Barley, oats and Pease at 2 s. the Acre is, 8 li.   
Some total of all the charge in the Crop, is, For Rent 150 li. For 20 quar. of seed Wheat 40 li. For 30 qu. of seed oats and Pease 30 li. For fallowing of 80 Acres 60 li. For ploughing 80 Acre for oats and Pease 26 li. For dung 24 li. For weeding 160 Acres 4 li. For reaping the Wheat 18 li. For cutting of oats and Pease 8 li.     360 li.  
By this Account there is reckoned in the crop of Corn the sum of 360 li. which is 10 li. above the 350 aforesaid in the Demonstration; and it may cost the Husbandman a great deal more then is here set down.  
Object. Ye may hear what these men would have, they would have the Ministers have nothing but the free gift of the people, and that would be little enough. I'll warrant you; they would have us all Judases, and follow them with the bag.  
Answ. The free gift of the people was the way that our Saviour and his Apostles, and the Ministers that succeeded them had their maintenance by; and are you ashamed to have your maintenance after their way? You say, that if you should have no more, then the people would be willing to give, it would be little enough: It is but your incredulity, and uncharitableness to think so; you teach us to trust God in his own ways, and will not you trust God in his own ways? You would have us trust you to give us our spiritual food, and will not you trust us to give you your corporal food? How unequal are your desires let any reasonable man judge.  
Was the free gift of the people enough to maintain the Bishops, the clergy, and the poor, and to build Churches, and will it not be enough to maintain the Ministers, now we have no Bishops to maintain with it; and the poor, and repair of Churches are provided for some other ways? Are Christians so much degenerate, from the Christians in former times; or is Gods Word preached amongst us of less power in these times then in former? We have example to the contrary, in these times, for in many places of this Kingdom, where great Tithes( as they call them) are taken away by the Impropriators, and little left for the Ministers maintenance, the people in those places have, and do join together, to make up a maintenance for their Minister; many men giving( like the devout widow spoken of in the Gospel) beyond their abilities, notwithstanding the tenth of their Stock; and labour, is taken away by the Impropriators, who( many of them) are not willing to part with a penny to help maintain the Minister. And would not the people be better able to give to the Ministers, if Tirhes were taken away; and then many others that are of ability, would give to the Ministers that now give nothing at all: because Tithes are payed by others, and nothing required of them, as due to the Ministers maintenance.  
You say, that we would have you all Judases; but we would not, for he betrayed his Master for money: If any of you will do so, let Judas's reward be theirs. Neither would we have you follow us with the bag, but we would follow you with our gifts; as the godly men and women did our Saviour and his Apostles.  
You indeed follow us now with the bag and rak too, and live upon a more dishonourable way of maintenance then by the free gift of the people. As it appears by some of your customs for Tithes, hereafter set down. We had not thought to have stained paper with any of them, they are so ridiculous, and wicked; but because they are so much contended for, and claimed by you Ministers, for your maintenance; we will therefore muster up some of your customs, &c. and give you a list of them, that you, and all other men, may see and consider of them.  
Inprimis, the rich person goes to this man and that man for a Tithe cock of hay, and for a sheave of Wheat or Beans, for a tithe cock of Barley, and oats, and a land of Pease. Item, the poor Vicar, and the rich person too, goes to this man and that man for a tithe lamb, and a Fleece of wool, a tithe calf, and a pig; And if any man sacrifice to his household gods, we mean, if any man kill a Calf to sustain his family, then the custom is( in some Parishes) for the person to have a tenth joint, a heave shoulder, or a shake breast: but it may be their accustomend pretended due will not please them, but they will have the loin; And they will tell us, that the people of the Jews were to give the best to God; the fat was God portion, and that they can prove, out of Levit. 7.30. The poor Vicar, yea, and the rich person too, goes unto the housewife for a tithe handful of Flax, and Hemp, a perk of tithe apple, and a Goose, and so he carries his meat and sauce together: And sometimes the person and Vicar is amongst the Maids, with a Pale or Coul every tenth day for tithe milk; yea, the person and Vicar makes the good wife count her Hens, for, they say, that it is the custom in that Parish for the Minister to have two eggs for the tithe of every one of her Hens: yea, they question the good wife whether she have a treading Cock, or not, for they say, the custom is for the Minister to have 3 eggs for the tithe of the Cock: this is a Tithe that we never red, that the Jews were to pay at any time, to pay tithe of the male for the act of generation. But we find to the contrary, for the Jews were not to bring the hire of a whore, nor the price of a dog into the house of the Lord for an offering. Deut. 22.18. The price of a dog was that which was given for the use of a dog to cover a bitch, either for the flock, or the chase: Joseph. lib. 4. cap. 8. of the Antiquities of the Jews. But no doubt if there were any old custom for our Ministers to take tithe for such gains, divers of them would not loose it; and they would tell you that the Laws of the Land gave it to them, as well as other tithes. And we question whether they would call it a laudable custom or not; we might ask why the person doth not demand tithe of the Husbandman for his Bull, and his Bore, as well as for his wives Cock. But it may be it will be answered, that the person doth not expect that the Husbandman should keep any such beasts; for by a laudable and old custom, the Priest or person of the Parish is to keep a Town-bull, and a Bore, and they may go whither they lust, provided, that they keep within the perambulation and bounds of their own Parish. But this custom is by the Popes Common Law, not by our Common Law; For a svit was tried at the Common Law( between two men of a Parish) at an Assize held at Aylesbury, in the County of Bucks, the occasion of the svit was this. One of the two men had the Parsons Bul amongst his Kine in his ground, where the Bull stayed three or four dayes; but afterwards the Bull( it seems) was minded to change his pasture or his mates, the Parsons Bull breaks over the hedge into the other mans ground, and spoyled his corn: The man that had his corn spoyled by the Parsons Bull, brought an Action of trespass( at the Common Law) against the other man out of whose ground the Parsons Bul came; And the Defendants counsel pleaded that it was the Parsons Bull: But the Judge  told him, That the Parsons Bull must not spoil mens corn. And the Judge further  told the Defendants Counsel, that if his Client would have the Parsons Bull, he should have looked unto him better; the Jury gave their Verdict for the plaintiff, and the Defendant payed well for the Parsons Bull's perambulation. These Parsons bulls are sure some of the breed of those rambling bulls that have been sent hither from Rome.  
It is likewise a custom in some Parishes in this Kingdom, for the person to have the tenth chick that the Husbandmans wife breeds, and without any consideration of her losses; For if a woman set 30 eggs under two hens, for our women say, that a hen cannot cover above 15. or 16. at the most to hatch them; if ten of the eggs prove rotten, by reason of the womans negligence in not looking whether the cock have performed his duty, for the three tithe eggs that the woman payed for him to the person about Easter a little before, whether the Cocks tread( as they call it) be in every egg; or by the Hens negligence in her duty, whilst she is a sitting, or that some of the chickens die in the shells; yet the Parsons will have 2. of 20. if the Kite prevent him not. Nay, if the Kite carry away all save seven, yet the person will have one of the seven; as he will have one of seven of our lambs, pigs, and goose, although the Fox carry away all the rest. It is a custom in some Parishes, viz. at Winslo in Buckinghamshire, for the person to have tithe of rotten sheepskins; If a man have an hundreed sheep, and all of them die of the rot, every tenth skin must be fleed off, and brought to the person( by the husbandman) for tithe. And our Ministers will tell us, it is the custom of the Parish, and it may be they will say it is a laudable custom, and the tenth of the husbandmans increase: but it is some of the increase of his rotten sheepskins.  
Shall the Ministers loose a Tithe fee of any thing that the husbandman hath? surely no, that must not be: They will have tithe of husbandmens skins too, as well as of their sheepskins, for they must have a mortuary, of every dead mans goods, and that was to be the second best of the dead mans movable goods or cattle, as horse, or cows, or other goods if he have any. And this Doctor field( in his 5. book of the Church, and 29. Chap.) saith was to be brought after the dead man to the Church when he went to be butted, as a recompense if in any thing the man had done wrong in not paying his tithes truly, or forgotten to pay any of them.  
Others say, that a mortuary was given unto the Priest to defend the defunct from his spiritual enemies: it may be it was for the Priests prayers to help the dead man out of Purgatory from his spiritual enemies there; But the Executor( in this case) had need to have a care to see the Testators name entred into the Dipticks, lest when the Priest was upon his knees at his prayers in his devotion before the Altar, he should forget the dead man.  
The Priest in forme● times had a Proverb, as Mr. Peter Viret saith in his second Dialogue, fol: 6. when the Priests were going merrily together unto the Tavern, they would say one to the other, Let us drink upon the next skin that comes to the fate; meaning that ere it was long, one or other of their Parishioners would die, and then they should have a mortuary: and saying, Come, let us be merry, and make good cheer, for we shall have a hid ere long to make boots and shoes. And so may our Ministers drink upon our skins, for they know that men must die, and then their skins will come to their tanfat. Mens skins were grown unto a great rate in this Kingdom before the 21 of H. 8. for they were valued at the price of a good horse, cow, or a fat ox; but the insatiable covetousness in the Priests in those dayes was restrained a little by a Statute made in the 21. H. 8. and brought unto some rule for such fees of mortuaries or corpse present, as it may be seen in that Statute; but yet some relic of that superstitious custom remains, in those places where the custom was for the Priest to take mortuaries or corpse present.  
Mr. Peter Viret tells of a certain man that lived at a place called Coup near Geneva, who reproved the Priest of the same place for this custom of mortuaries, saying unto the Priest of that place, You have drunk upon my skin, but you shall pay the shot for me, if you will, for I will disburse never a penny nor farthing. Meaning that he had been sick of a long time, and the Priest of that place had gone unto the Tavern and drunk upon his skin, hoping that the man would have dyed in a short time. But he deceived the Priest, and did not then the pleasure they looked he should, for he dyed not in a long time after.  
These are some of the laudable customs of places for that spiritual preferment of Tithes, and other duties( as they are called) for the Ministers maintenance so much contended for by them. But whether they be not ridiculous, and wicked, let the sober and judicious Reader judge.  
For the Ministers to live upon such a way of maintenance that doth bring men and their families to ruin, as we have proved in our Demonstration of tithe corn; and that may make the Ministers desire mens deaths( knowing that it will be some gain unto them) as a certain Priest did, of whom Mr. Peter Vir●t speaks of in his 2. Dialogue, who said unto his P●●ishioners, what do ye mean sirs, will ye not offer, nor die: how would you have me live; will ye starve me? But if any poor man in their Parish( had died) who had but one silly cow, the Priest would see all that poor mans children starve before he would forgive his pretended right to that cow for a mortuary: so saith Mr. Fox in his Acts and Monuments of the Church. And so will some of our Ministers( now) see some poor men, and their wives and children want bread, before they will forgive their pretended right unto one sheaf of the poor mans Wheat, or one cock of oars, or Barley; as we find by daily experience. For some of our Ministers, who have as much glibe land as is worth 20 li. or 30. 40 50. or 100. or 120 li. per annum, yet they will take the tenth sheaf from poor men that have never a furrow of land, but what they hire at a dear Rent to provide bread for their families: yea although the poor man have not his seed again that he sowed, and loses two yeers rent of the ground, and all the charge of ploughing, dung, weeding, and reaping, as a certain man did whom we could name if it were needful: who sowed 16 bushels of Wheat in a close of 8 Acres, and at harvest the person demanded the tenth or tithe of the crop of Corn of that 8 Acres; And the poor man offered the person, that he should have all the crop of that 8 Acres, if that he would but give him 16 bushels of Wheat as he sowed in the close. And the poor man lost by that crop 2. yeers rent at 6 s. 8 d. the Acre, and that is 5 li. 6 s. 8 d. and for ploughing, that he payed out of his purse to the ploughman that ploughed that close at 5 s. a tilt for 3. tilles for every Acre, and that is 15 s. for one Acre, and that is 6 li. for all the ploughing of that 8 Acres: and the reaping of the crop cost at 3 s. the Acre for 8 Acres 24 s. And so the whole charge lost in that 8 Acres was, in Rent 5 li. 6 s. 8 d. ploughing 6 li 0 0 Reaping 1 li. 4 s.   sum total 12 li. 10 s. 8 d. Besides the dunging and weed of that close of Corn. And our Ministers tell us, that the tenth of the increase of ground is theirs: and if any poor man refuse to pay the tenth of such a crop of corn( as aforesaid) unto the Minister of the Parish where the crop grew, the poor man for detaining of such ti●●●s shall be called a Church-robber. And our Ministers will prove●t out of Mal. 3.8, 9. Ye have robbed me, saith God, but ye say, Wherein have we robbed thee? In tithes and offerings. Ye are cursed with a curse. So saith Mr. Martin Bown in a Treatise of his, entitled, Tithes Re-mounted, and advanced by the Word of God for the Ministers of the Gospel: pa. 9. And are not Christian Magistrates bound to compel men to pay the tenth of such increase to the Minister? Nay, may not the Church by her censures make men pay the tenth of such increase? Some such men as are of Mr. Martin Bowns spirit will say, the Magistrate ought to compel men to pay tithes of such increase: and the Church ought to proceed with her censures against such Church-robbers( as they call them) yea curse them with bell, book, and candle.  
We might reckon up many more sorts of Tithes, but of this stuff enough: It may be some of our Ministers will say it's light; But when they come to demand such Tithes, they will allege those customs as an argument of weight.  
Object. In making Tithes to be oppression, you accuse God of injustice, and make him to be the author of oppression: for God appointed Tithes to be payed by the Jews unto the Levites in the time of the Law.  
Ans. WHen Tithes were appointed by God, to be payed by the Jews to the Levites, they were just, and no oppression to that people; and yet they are unjust to us in this Land: Because there is not the same reason for us to pay tithes, as there was for the Jews.  
The reason of the equity and justice of the Law of Tithes amongst the Jews, stood in the manner and form of worship, laws, and policy, that it pleased God to appoint, in the Church and Common-wealth of the Jews at the foundation and institution thereof; as we said a little before, and shall now be proved by several Reasons.  
1. When God brought the children of Israel out of the land of egypt into the land of Canaan, and fulfilled the promise that he made unto Abraham: And that promise was, that he would give unto the seed of Abraham the land of Canaan for a possession. Gen. 13.15. and Chap. 17.8. then God made of the Jews, or seed of Abraham, a national Church or Common-●●●lth by themselves; then God appointed, and established the ceremonial worship( or law that he revealed to Adam in Paradise, and to the Fathers before the Flood) to be performed to himself by the Jews, or seed of Abraham, in their national Church: which service stood in a certain number of outward Ceremonies or Rites, of sacrifices, oblations, and offerings to be given unto himself: and then God required, not onely the first fruits, that before that time were offered for an offering to himself; but also the tithe or tenth of the increase of the seed of the ground, and other things, to be given unto himself for an offering of thanksgiving for the great benefit and blessing of bringing the Jews, or seed of Abraham out of the land of egypt into the land of Canaan. Deut. 26. Numb. 18.24. as it( may be) was tipified by that fact of Abraham, and vow of Jacob, Gen. 14.19, 20. and Chap. 28. v. 20, 21, 22.  
And though all lands be Gods by right of creation, yet God claims the land of Canaan to be his by right of gift, after a more special manner to the sons of Abraham, then any other land, to any other people. Gen. 13.15. Deut. 26. Levit. 25.23. God saith the land is mine, and ye are but strangers, and sojourners with me. And Isa. 8.8. it is called Immanuels land; and therefore by way of homage, that they held Canaan of the Lord, they were to pay yearly their first fruits and tenths at the place where God appointed; unless the place were too far, and then they were to make it into money. Deut. 14.22, 23, 24, 25. Or as we may say, for a quit-rent for the land they claimed to hold of him. They payed no other rents for their land but tithes; no Fines nor Hariots, for Copyhold-land, no reliefs, great sums of money for Wardships and Marriage to any inferior Lords, nor any such like burdens as we do: And therefore they might better afford to pay tithes to him, then we can do.  
Then God required likewise the Tribe of Levi to be given unto himself( by the people: for a shake offering of the people or Nation of the Jews, the seed of Abraham) to serve him at the Altar instead of the first born( who before that time were the Priest to offer, and present the vows and offerings of the people unto God) Numb. 8. v. 11, 12, 13, 14, 15, 16. And God gave his portion( the offering of tenth or tithes of the fruits of the earth, that the people were to offer unto himself) to the Levites for their attendance and service at the Altar. Deut. 18.1. Here was a legal and ceremonial sanctification of persons and things to holy use by way of offerings. And thus Tithes were a part of the ceremonial worship of God, as it further appears, Prov. 3.9. as aforesaid. And tithes were significat as well as other offerings; they signified as the first fruits did, the sanctification of the rest of the Husbandmans crop for his use, and the blessing of God upon the land of Judea, in to which land God had b●ought them. Deut. 26.15. And first fruits and tithes had a further use; they were a type and figure of election of Gods people whom he sanctifieth, and reserveth unto himself, as may be collected from these places of Scripture: Isa. 6.13. Jer. 2.3. Jam. 1.18. and Hebr. 12.23.  
God might command the Jews to give unto himself what portion of their goods he pleased, for an offering unto himself, in the time of the Law; and it was just for him so to do, though it were a burden unto the people. But he hath not given to us any such precept( under the Gospel) nor set out any such portion of our goods, to be given to himself, to the poor, or to the Minister, or any other in his stead, as can be found in the New Testament; as he did in the time of the Law not to the poor. 1 Cor. 16.1, 2. concerning the gathering for the poor Saints, let every man lay up as God hath prospered him. And 2 Cor. 9.7. as every man wisheth in his heart, so let him give: Here is no certain portion set out for the poor, as there was in the Law for them.  
Neither is there any set portion of our goods for the maintenance of the Ministers of the Gospel: Gal. 6.6. Let him that is taught in the Word, communicate unto him that teacheth, in all good things. Here is no set portion of Christian mens goods set out, for the Ministers maintenance. And Act. 5. v. 4. Whiles it remained, was it not thine own? and after it was sold, was it not in thine own power? From which places of Scripture( but most plainly from Act. 5. v. 4.) we collect, that there is no set portion for the Ministers; nor any set portion or quantity of our goods by tithes, or other ways, to be given unto the Minister in the New Testament. For if there had been any set portion, or quantity of Christian mens goods, to be given to the Ministers of the Gospel, then there had been something due to the Apostles before the land was sold, and the price laid at the Apostles feet.  
But all these gifts to the poor, and to the Ministers, are left to the discretion and piety of every Christian man, to give freely, according to their abilities. We aclowledge that by these places of Scripture, by the rules of equity, piety, and charity, the Ministers ought to have maintenance for their labour in the Word; and the poor are to be relieved, as well as the Ministers are to be maintained: But not that the Ministers should abound with our goods, and labour, and we want things necessary for ourselves and families, and be slaves to our Ministers, as now we are, by reason that the tenth of our Stock and yeers labour is taken from us yearly under the name of tithes; so that we are not able to help the poor as we ought, there being as great need to relieve the poor Saints, as to maintain the Ministers: Neither are the poor, and the Ministers, to be eased with our goods, and we burdened to maintain them. And for this reason Tithes are not so just to be payed by us to our Minister, as by the Jews to the Levites or Priest under the Law; there being not the same reason for us as for them: for Tithes were ceremonial, and now abolished.  
2. Secondly, as Tithes were ceremonial to the Jews, and part of Gods worship and service, that the Jews were commanded by God to perform unto himself in the time of the Law: So likewise Tithes were judicial or politic. God fitted and applied Tithes to the State and policy, that he had appointed to the Nation of the Jews in the foundation of their national Church, and Common-wealth. Deut. 18.1, 2. The Priests the Levites, and all the tribe of Levi, shall have no part nor inheritance with Israel: they shall eat the offerings of the Lord made by fire, and his inheritance. Therefore shall they have no inheritance among their brethren: the Lord is their inheritance. And Numb. 18.24. But the Tithes of the children of Israel, which they offer as an heave-offering unto the Lord, I have given to the Levites to inherit: therefore I have said unto them, Among the children of Israel they shall have none inheritance. Here God gives a reason why the Tribe of Levi had tithes, and that was, not onely as they were Priests for their service at the Altar; but also because they had none inheritance in the land of Canaan as the rest of the Tribes had.  
The Tribe of Levi, as they were the seed of Abraham, had as good a right to have a portion of land, in the land of Canaan, as any of the other Tribes; by virtue of that promise made to Abraham and his seed: Gen. 13.15. For all the land which thou seest, to thee will I give it, and to thy seed for ever. But God would not give the Levites or Priests a portion of the land as other Tribes had, and his portion too; that would have made the Priest to abound in worldly wealth over any of their brethren: and therefore in this respect Tithes were just amongst the Jews, but not just amongst us; there being not the same reason for us to pay Tithe, as for them, unless our Laws and customs can be reduced to the laws and customs of the Jews.  
3. Thirdly, as the Jews were a peculiar people unto God, Deut. 14.2. For thou art an holy people unto the Lord thy God, and the Lord hath chosen thee to be a peculiar people unto himself, above all the Nations that are upon the earth. So he gave them special Laws and customs, be●onging onely to that people, and to that people onely in that land of Canaan: Which laws and customs cannot stand with the justice of his moral Law, and the law of Nature, in an ordinary way of Gods providence at all times, and in all places in other countreys; nor where the laws and customs of the Civill State do differ from those of the Jews. As this law of Tithes for one, and the law of letting lie the land every seventh year, without sowing it, and not gathering the fruit thereof that grew of itself. Levit. 25.4, 5. But in the seventh year shall be a Sabbath of rest unto the land, a Sabbath for the Lord: thou shall neither sow thy field, nor prune thy vineyard. That which groweth of it own accord of thy harvest, thou shalt not reap, neither gather the grapes of thy vine undressed: for it is a year of rest unto the land. So likewise God had a special providence over that land and people, more then over any other land or people: Deut. 11. v. 10, 11, 12. For the land whither thou g●est in to possess it, is not a● the land of Egypt from whence ye came out, where thou sowedst thy seed, and wateredst it with thy feet, as a garden of herbs: But the land whither ye go to possess it, is a land of hills and valleys, and drinketh water of the rain of heaven. A land which the Lord thy God careth for: the eyes of the Lord thy God are always upon it, from the beginning of the year, even unto the end of the year. And Mal. 3.10, 11, 12. Bring ye all the tithes into the storehouse, that there may be meat in mine house, and prove me now herewith, saith the Lord of hosts, if I will not open the windows of heaven, and power you out a blessing that there shall not be room enough to receive it. And I will rebuk the devourer for your sakes: and he shall not destroy the fruits of your ground, neither shall your vine cast her f●uit before the time in the field, saith the Lord of hosts. And all Nations shall call you blessed: for ye shall be a delightsome land, saith the Lord of hosts. By this place, Deut. 11.10, 11, 12. it is plain, that God promised the Israelites to have a more special care over the land of Canaan, then he had over the land of egypt. And from Mal. 3.10, 11, 12. it is plain, that God promised an extraordinary blessing in the fruitfulness of the ground, if they did obey his Law of paying Tithes to him for his use.  
And these extraordinary laws( of paying tithes in that land, and letting the land rest every seventh year, and nor gathering in the fruits that grew of its own accord) were to exercise the Israelites faith, and hope( as by miracles) in expectation of Gods promises, and providence over them in that land of Canaan: as it may be collected from Levit. 25.20, 21, 22. And if ye shall say, What shall we eat the seventh year? Behold, we shall not sow, nor gather in our increase: Then I will command my blessing upon you in the sixth year, and it shall bring forth fruit for three yeers. And ye shall sow the eight year, and eat yet of old fruit, until the ninth year: until her fruits come in, ye shall eat of the old store.  
We can expect no such extraordinary blessing of increase in our Land, as daily experience teaches us, that the fruits of one year will scarce last until the new come of the next year: And therefore now it were a tempting of God for us to neglect sowing of our land every seventh year, in hope of any such increase; because we have no such command from God, nor promise of any such increase of the fruits of our land, as the Jews had of their fruits in the land of Canaan. And the plentiful increase that it pleased God in such an extraordinary way of his providing in that land, was another reason why Tithes were not so burdensome to the Jews, as they are to us in these times in our land, wherein we can expect no more increase then in an ordinary way of Gods providence, and the greatness of the Stock which by art and labour the Husbandman bestows upon the land, in preparing it for the crop, which ordinarily upon arable land that is kept continually in tillage, is as much as the crop is worth, and many times more by many degrees: And yet the tenth thereof is taken from us. How then can Tithes be any other then oppression to us, and a means to undo us?  
Neither were these laws binding to the Jews themselves, but onely in the land of Judea: Act. 4. v. 36, 37. And Joses, who by the Apostles was surnamed Barnabas( which is, being interpnted, The son of Consolation,) a Levite, and of the country of Cyprus, Having land, sold it, and brought the money, and laid it at the Apostles feet. Here we may see, though the Levites might have no land of inheritance in the land of Canaan, yet they might have land in other countreys; And by the same reason, if any man of another Tribe bought land in any other country, he was not bound to pay tithes out of it: And thus Tithes belonged onely to the Tribe of Levi in that land of Judea: and no other Priest, or Minister, can claim Tithes to be due to them in any other country. And it is the opinion of the Jews at this day,( as it is reported by most men that have been amongst them) that if they should come again into the land of Canaan, it were not lawful for any of them to receive tithes; because they could have no lawful Priesthood, there being none can prove themselves to be of the Tribe of Levi, to whom Tithes did belong.  
4. Our Tithes go higher, and are more burdensome to us then the Tithes of the Jews were unto them; For we pay tithe of more things then the Jews did: we pay tithe of our store of hay, straw, and chaff, and we do not find that the Jews payed any tithe of those things: In paying tithe of these things, we pay tithe of one thing twice in one year; as in calves, and lambs, that arise and grow a great part of them from that store that we tithed the same year. And therefore our Tithes are a greater burden to us, then the Jews tithes were unto them.  
The Levites did not take away the tenth of the Husbandmans store of hay, straw, and chaff, as our Parsons do from us; these things were tithed in the increase of calves, and lambs, and in the horse or oxens labour in tilling the land for the crop of corn: By paying tithe of these things, there comes a double mischief to us, as there did not fall upon the Jews: As,  
First, we are hereby made( many times) to lack meat for our cattle in the Winter, and forced to buy as much store as the person took from us, and sometimes more; and our Parsons have the tenth or tithe of that the same year, in tithe calves, milk, lambs, and wool, and our horses labour.  
Secondly, we have the means of making soil in part taken away, and hereby our land becomes barren, by reason that the tenth of our hay, straw, and chaff that should make dung for our land is taken from us; but the Parsons glibe-land is made fat hereby: The Jews payed onely the first fruits of corn in the sheaf, Levit. 23.10. Speak unto the children of Israel, and say unto them, When ye be come into the land which I give unto you, and shall reap the harvest thereof, then ye shall bring a sheaf of the first fruits of your harvest unto the Priest. We do not find in the Old Testament that the Jews did pay any of their tithes of corn in the ears, but onely the first fruits, as aforesaid: The husbandman carried all the rest of his crop into his Barns, and divided the tithes of corn, by the Epha or bushel, and carried it into the store-houses. Mal. 3.10. Bring ye all the tithes into the store house, &c. It may be the Jews carried all the rest of their crop into their Barns, and carried their tithes unto the store houses as aforesaid: for these three Reasons.  
First, that the husbandman might have all his store to himself, for the reasons aforesaid.  
Secondly, that the Husbandman might deduct his seed, and pay but the tenth of the increase: as it is written, Deut. 14.22. Thou shalt truly tithe all the increase of thy seed, that the field bringeth forth year by year. It is not said, thou shalt give the tenth of the seed, and the tenth of the increase of thy seed too, as we do in paying the tenth of the crop, wherein our seed, and increase of our seed lies( if there be any) but the tenth proventus sementis tuae, viz. the tenth of the increase of thy seed, not the tenth of the crop, as we do now; although we have not our seed again.  
Thirdly, that the tithes might be more equally divided amongst the Levites, according to the greatness of their families, or other necessities; not as it is now amongst us: for some Levites, or Ministers, to abound in superfluity, and be clothed in silk, and satin; when others of their Tribe, and many times of better deservings, are in want, and are clothed with rags.  
The Levites trusted the Jews with their true tithing, more then our Parsons will do us; the Levites had no such Statute of treble the value, or such a club law, as we have: if they did not truly divide their tithes.  
By this that hath been said, the Reader may perceive( if not partial, and not wilfully blinded) that the justice and equity of the Law of Tithes amongst the Jews stood in the manner and form or kind of worship, laws, and policy that it pleased God to appoint in the Church and Common-wealth of the Jews, at the foundation and institution thereof. And if we consider the Jews Tithes simply in themselves, without having respect to the justice and equity of these Reasons before mentioned, that the tithes in the time of the law were a portion expressly given to God, by his command; and so a part of his worship, and service: And his portion given for a stipend for one of the Tribes in the land of Canaan, in consideration that the Tribe of Levi had none Inheritance or portion in the land of Canaan; then, no doubt, Tithes were burdensome to the Jews themselves, and it is no more dishonour to God for us to say so, then it was for the Apostle to call Circumcision and the whole ceremonial Law( whereof Tithes were a part) a burden that neither our fathers nor we are able to bear: For God may lay a burden when he please upon his people( by his supreme power over his creatures to try their obedience) and yet no dishonour to himself; and he may take that burden off when he please: And it is oppression for any human power( though under what pretence soever) to lay that burden upon man, that God hath taken off. God might command A●raham to offer his onely son Isaac for a burnt offering, Gen. 22.2. and yet no dishonour unto God himself: and it had not been a sin in Abraham to have offered his onely son Isaac, but Abrahams duty, if God had not stayed Abrahams hand; because Abraham had Gods command to do it. And yet it was sin in Jephthah to offer his onely Daughter for a burnt offering, though unto God, because he had no command from God to do it. judge. 11.39. Neither could his ignorant zeal in keeping his rash vow that he made, judge. 11.30, 31. excuse him of sin, because he had no command from God to do it. So neither may we burden ourselves with Tithes or other things( though under a good pretence) without a command from God; if we do, it will be no less then sin in us( as that fact of Jephthah was in him: we have no command from God to burden ourselves, but command to the contrary.  
Tithes were payed before Moses time, long before the ceremonial Law was written; for Abraham payed tithes unto Melchisedech of all that he had. Gen. 14.19, 20. And Jacob vowed, that if God would prosper his journey, and bring him back in safety to his fathers house, he would give unto God the tenth of all that he should give him. Gen. 28.21, 22. And it is probable by this fact of Abraham, and vow of Jacob, that Tithes are due by the law of Nature; and that A●raham and Jacob knew by the Law of Nature, that the tenth of every thing was to be given unto God: and so it is no part of the ceremonial Law, there being no prescription nor Law written.  
TO this Objection we answer. First, that neither Abraham nor Jacob, nor any other man, no not Adam himself in Paradise in the state of innocency, did, or could know Gods will by any law of Nature, or natural knowledge, how God would be worshipped, and served by these creatures that he had made for mans use; or, with which of them, or how much of them; all, or any one of them, God would accept of at mans hands, until God had revealed his will unto Adam: And this is proved out of Gen. 2.16, 17. And the Lord commanded the man, saying, Of every three in the garden thou mayest freely eat: But of the three of the knowledge of good and evil, thou shalt not eat; for in the day that thou eatest thereof, thou shalt surely die. By this place of Scripture it is plain, that although Adam did know, that there was a God, by the sight of all the creatures; as all men may know the like by the sight of them, according to that of the Apostle, Rom. 1.20. For the invisible things of him from the creation of the world are clearly seen, being understood by the things that are made, even his eternal power and Godhead, so that they are without excuse. Yet Adam did not know Gods will how he would be worshipped, and served by these creatures, he knew not Gods will which of the fruits of the trees of the garden should be meat for him, until God had revealed it to him, for a command of his worship, and service; as it may be further collected from the conference of the Serpent with the woman when he tempted her: Gen. 3.1, 2, 3. Now the serpent was more subtle then any beast of the field, which the Lord God had made; and he said unto the woman; Yea, hath God said, Ye shall not eat of every three of the garden? And the woman said unto the serpent, We may eat of the fruit of the trees of the garden: But of the fruit of the three which is in the midst of the garden, God hath said, Ye shall not eat of it, neither shall ye touch it, lest ye die.  
Secondly, we answer, that the ceremonial Law of sacrifices, oblations and offerings of first fruits and tithes, and the distinction of clean and unclean beasts, and fowls, was revealed to the fathers before the Flood: and God commanded so much of the ceremonial Law as might serve for the good of his Church and people at that time.  
Yea, the ceremonial Law was revealed to Adam presently after the fall, after God had given to Adam the promise of the blessed seed Christ Jesus. Gen. 3.15. And I will put enmity between thee and the woman, and between thy seed and her seed: it shall bruise thy head, and thou shalt bruise his heel. It is likely that then God revealed to Adam the means or way how that blessed seed Christ Jesus should work the merit of mans Redemption, which was by offering himself a sacrifice for Adams sin, and for the sins of all them of Adams posterity, whom God had a purpose to reserve to himself; as it may be gathered from Gen. 3.21. where it is said, Unto Adam also and to his wife did the Lord God make coats of skirs, and clothed them. These skins( no doubt) were the skins of some clean beasts, that God had taught Adam to sacrifice for a type and figure of that sacrifice that Christ himself should offer( of himself) in time to come; and God clothed Adam and Eve with the skins of those clean beasts that he had appointed Adam to offer in sacrifice; signifying hereby to Adam and Eve, that as their naked bodies were clothed( to keep them from harm and shane) with the skins of the clean beasts that were offered in sacrifice: Even so their naked souls should be clothed with the rich robes of Christs righteousness, as with a garment.  
And that God taught Adam the ceremonial Law, is strongly confirmed from the example of Cain and Abel, Gen. 3, 4, 5. And in process of time it came to pass, that Cain brought of the fruit of the ground an offering unto the Lord: And Abel, he also brought of the firstlings of his stock, and of the fat thereof. This( no doubt) Cain and Abel did, being taught by their father Adam; and he having a command from God to do the like himself, and to teach it to his children, and to present his own and his childrens oblations of praise and thanksgiving unto God at some place where God had appointed to be worshipped. And this is further confirmed by the command of God unto Noah, that he should receive in to the Ark of every clean beast and fowls by sevens, the male and his female; but of the unclean beast by couples, the male and his female. Gen. 7.2, 3. Here we see that there was a distinction of clean and unclean, both of beast and fowls before the Flood. And Doctor Willet upon this place, Gen. 7.2. hath well observed, that this distinction of clean and unclean beasts is not inserted by Moses, by way of Anticipation, as though he spake onely of the ti●es wherein he writ; but this difference was known unto the Patriarks by revelation from God, in some godly Tradition delivered from one to another; As we see the use of sacrifices the oblation of Tithes, the observation of the Sabbath, were practised before the Law was written. God did not change the form of his worship and service by Moses, but established the form of his worship, 
Note.  or ceremonial Law, by Moses under the Priesthood of Levi, according to that of the Apostle, Hebr. 7.11. If therefore perfection were by the levitical Priesthood( for under it the people received the Law) The seventh of every clean beast and fowl, that came into the Ark to N●ah, was( no doubt) reserved by Gods appointment, for Noah to offer in sacrifice after the waters were abated from off the earth, and he come out of the Ark, for an offering of thanksgiving unto God, for the great benefit and blessing of deliverance from the Flood, as Gods people did use to do for the like deliverance from any danger: Gen. 8.20, 21. And Noah builded an Altar unto the Lord, and took of every clean beast, and of every clean fowl, and offered burnt-offerings on the Altar. And the Lord smelled a sweet savour. By this that hath been said it is plain, that the ceremonial Law of first fruits and tithes that were to be given to G●d for oblations and offerings, was revealed to the Fathers before the Flood, and afterwards established under the Priesthood of Levi, as aforesaid: And the Law of first fruits and Tithes was to be abolished with the Priesthood of Levi, under which they were established with the other Ceremonies, as well as any other Ceremonies; as may be collected from Hebr. 7.12.  
And so we conclude, that Tithes, or the tenth part of the increase of mens goods, were not known by any Law of Nature, or natural knowledge, to be due unto God; no more then the distinction of clean and unclean beasts, and fowls, was known unto man, by any natural knowledge to be offered unto God: As is vainly affirmed by some men, that would beguile others of their goods by this law of Tithes.  
Object. Tithes are but a civill thing, a land rate, and as a quitrent going out of the land.  
Ans. TO this Objection we will give a double Answer. First, to the Impropriators, as they make use of this Objection against the Husbandman. Secondly, to the Ministers, as they make use of it against the Husbandman.  
And for the better understanding of this Objection, we must first know, what is meant by these words, A civill thing; If by a civill thing be meant a thing that passes from one man unto another, by contract or agreement of parties, wherein one thing is given for another, of equal value; or something done by agreement of parties, for the thing received: if Tithes be understood, and accounted a civill thing in this sense, and compared with such civill things, as with this here instanced of a quit-rent; then Tithes is no civill thing, but a thing absolutely unlawful: Because it is not just as such civill things are, or as a quit-rent is; for the land was given for a consideration for the quit-rent in the beginning of Tithes, and tenors of land. But the Impropriators neither gives any thing to the Husbandman, nor does any thing for him for the Tithes that he receives of him every year.  
Neither will it serve the Impropriators turn, to say that he hath the same right unto Tithes, as Monks and Nunnes had, that lived in Abbeys, and Nunneries: for Monks and Nunnes did not claim Ti●hes to be due unto them by any civill right or title, but by a Divine right from God, and given unto them, for some pious use and service that they performed unto God, for the good of those that they received Tithes of. There is not the same reason, nor the like colour of reason for the Impropriators to claim tithes of the Husbandman, as there was for Monks; For the Monks supposed that they did something for the Husbandman( that he could not do for himself) for the tithes that they received of him; And the husbandmen in those ignorant times supposed that they had some spiritual benefit by paying of Tithes.  
Secondly, if by these words, a civill thing be meant a gift given to another, for some reasons arising from duty of nature, or natural affection, they owe unto those to whom they give such a gift: As a father gives goods or lands unto his child for reasons and considerations arising from duty of nature that he owes unto his child, or natural affection that he bears unto his child: If Tithes be accounted a civill thing, in this sense, and compared with things of this nature; then Tithes will manifestly appear to be no civill thing, but unlawful. For there is no such reason arising from any duty of Nature, or natural affection, that the Husbandmen owe unto the Impropriators, who are neither of consanguinity or affinity to the Husbandman. But there are reasons arising from duty of nature, and natural affection, that the husbandmen owe unto themselves, and to their wives and children, for the Husbandman to pay none of their goods and labour, to the Impropriators under the name of Tithes: But to keep that part of their goods and labour, to help maintain themselves and their wives and children in a comfortable being in this natural life; the husbandmens goods and labour being given unto them from God for that purpose.  
Thirdly, if by these words, a civill thing, be meant a tax imposed upon the Husbandmen by the lawful Authority of the Civill Magistrate, the King and Parliament, for some end and purpose, for the Kingdoms good in general: As Subsidies and Fifteens have been imposed upon men of this Kingdom, by the King and Parliament, for to furnish the Kings majesty with money for some good use for the good of the Kingdom in general: As to defend the King and Kingdom from Enemies at home or abroad, as our Subsidies, and monthly taxes have been of late to maintain an Army to defend the King and Kingdom in general from Enemies at home and abroad. Tithes being understood in this sense, and compared with such civill things of that nature, it doth manifestly appear, that Tithes is no civill thing, but an unjust tax; For it is not known that there is any such end or purpose, for which the Husbandmen of this Kingdom should give the tenth of their stock and yeers labour every year to the Impropriators: neither doth the Impropriators do any thing for the good of the Kingdom in general. And again, if there were any such general good done for the whole Kingdom, then the burden of charge ought to be equally born by every man, according to his ability, that hath benefit by that good; and not to lay the burden of charge onely upon the Husbandman.  
Fourthly, if by a civill thing be understood a tax imposed upon the Husbandman by the lawful power of the Civill Magistrate, for some particular good onely to the Husbandmen, as tonnage and Poundage is laid upon Merchants, that the King may be enabled to provide Ships to scour the Narrow Seas from pirates and Robbers, that so the Merchants may have safe passage to bring home their Merchandies or wears. Tithes being considered in this sense, and compared with civill things of this nature, then Tithes appears to be no civill thing, but an unjust tax, and burden lying upon the Husbandman, though laid upon him by the Civill Magistrate: For there is no such reason for the Civill Magistrate to lay so great a tax upon Husbandmen in this Kingdom, as is the taking away the tenth of the Husbandmens stocks and yeers labour, every year under the name of Tithes: nor any reason at all, for the Civill Magistrate to lay any tax upon Husbandmen; there being no particular good( any manner of way) done by the Impropriators to the Husbandmen, for the Tithes that they receive of them.  
And it is contrary to the fundamental Laws and constitution of this Kingdom; and the condition of a free people, for the Civill Magistrate, either King or Parliament, to lay any tax upon the free people of this Kingdom in general; or in particular, upon men of any one lawful Trade or Calling whatsoever; without a good consideration of something done( by those to whom they appoint to receive the said tax) unto those that they receive the tax of; for if the Civill Magistrate, King or Parliament, may lay any one tax( for no consideration) upon the free people in general, or upon any sort of men of any one particular Trade or calling, and give it to whom they please, then why not another tax of the same nature? And so the Civill Magistrate may make any particular men whom they please, to be slaves to what particular men they please, or to themselves. If this principle should be granted, let any reasonable man judge, whether this would not overthrow the fundamental Laws of this Kingdom, and the condition of a free people, and the property of mens goods; For it is no matter by whom our goods are taken from us, for no consideration, either by the King alone, as a private person, as in the case of shipmoney; or by the King and Parliament, as public persons, it is in both cases alike to the people, and unlawful, if there be no consideration for it.  
And thus Tithes is no civill thing, nor due to the Impropriators, after any manner of way as civill things are due; the Impropriators neither gives, nor does any thing for the tithes that he takes; and therefore can have no lawful right or title to Tithes. Neither is Tithes a land-rate like a quit-rent, but a personal charge that lies upon the occupiers of land; for if the owner of the land do till the land himself, then he pays the tenth of a year and a halfs rent of the land for Tithes, every year, as long as he holds the land himself: and the tenth of his stock of two yeers purchase, of the land that he must lay out every year in the crop of Corn, in all Farms that consist of tillage. And if the Owner let his land, then this charge lies all upon the Tenant that rents the Land, and nothing upon the Landlord: for the Landlord takes his Rent of the Tenant; and the Tenant pays the tenth of a year and a halfs rent every year for Tithes; and the tenth of his stock, of the value of two yeers purchase of the land; which being put together, makes up the Tenants stock, of three yeers and a halfs purchase of the land, of what value soever the rent be: and so the Tenant pays the tenth of his stock of three yeers purchase and a half, of the land laid out in the crop of corn, for tithes every year; and so it is truly a personal charge, that lies upon the occupiers of the land. And so much shall serve for Answer to the Impropriators.  
Neither is Tithes a civill maintenance for a public ministry: for where there is any public benefit( as is the ministry) that may reach to every particular man; there the burden of charge appointed by the Civill Magistrate, ought to be laid that it may be equally born of every man( according to his ability) that hath, or may have benefit by the public ministry, or else it is unjust; and therefore no civill thing, or lawful maintenance, for a public ministry, though commanded by the public Magistrate. For all taxe● imposed by the Civill Magistrate, for what end or purpose soever it be, ought to be just, and agreeable to sound Reason. But this way of maintaining the Ministers by giving to them the tenth of the Husbandmans crop, every year under the name of tithes, is unjust; because unequally born. For suppose a Gentleman have as much land in any Parish that is worth 500 li. by the year, and he lets out that to poor Farmers, as 100 li. by the year to one man, and 50 li. to another, and 20 li. or 10 li. to another man, and so lets out all his land: These poor men that rent that 500 li. by the year, do lay out amongst them a stock of the value of three yeers and a halfs purchase of the land( and that will be 1750 li.) in the crop of corn; and the tenth of that is 175 li. which is taken of the poor Tenants stock, although the poor Tenants stocks laid out in the crop increase never a penny; and the Landlord pays never a penny to the Ministers for their maintenance. And tradesman, as Tanners, Maltsters, Drapers, and the like tradesman, that have as big stocks, nay greater than most Farmers have, and they pay never a penny to the Minister, except it be a garden penny, or a perk of apple, or such like tithes.  
Object. Tithes were bestowed on the Ministers, by the free gift of the people, and confirmed by the Parliament: and as long as the Parliament continues them to us, we have as good a right unto Tithes, as the people have to their Land, and the rest of their Corn, even the Laws of the Land.  
Ans. THis reason and practise of our Ministers, is much like that of the covetous Priest amongst the Jews, that our Saviour Christ reproved them for; and it is recorded, Mark 7.11, 12, 13. in these words: But ye say, If a man shall say to his father or mother, It is Corban, that is to say, a gift, by whatsoever thou mightest be profited by me: he shall be free. And ye suffer him no more to do ought for his father or his mother: Making the Word of God of none effect through your tradition, which ye have delivered: And many such like things do ye. And so many of our Ministers care not who want so they may abound; as we can instance in some of our Ministers if it were needful, who have 50. or 100. or 120 li. by the year, of glibe-land, and yet they take the tenth of poor mens crops that have never a furrow of land of their own, but rent 3 or 4 Acres of land at a hard rent, and pay for the ploughing of that land; and buy, or it may be borrow seed to sow that land to provide bread for themselves and families: And our Ministers will take the tenth of those poor mens crops, yea although the crop will not pay the Landlord his Rent, and the Ploughman for ploughing of the land.  
The Ministers of the Gospel ought not to be so greedy, and hasty in receiving, and so hard hearted to hold whatsoever in simplo, silly and blind devotion the people have formerly given to them( or rather have been seduced by false doctrine in former times of ignorance and blind superstition) although they have been confirmed by the Statute Law of the Land; if they see others to be impoverished by the gift whereby they are enriched, if they do, that is by the law of man, not of God, nor of Conscience.  Tithes were bestowed on the Ministers by the free gift of the people: say you. 
The people in former time might give freely to the Priests the tenth part of their goods and labour laid out in their crop of corn in those times; But how the peoples free gift of the tenth part of their goods in those times( before we were born) to their Priests should bind us in these times, to give to our Ministers the tenth part of our stock and labour laid out in our crop of corn, every year to provide bread for ourselves and families in these times( although we want it ourselves) is a thing that we can see no reason for, neither by the Law of God, or Nature.  And confirmed by the Parliament. 
Although an Act of Parliament can confirm a gift for a time, yet it is the Law of God that makes the right: And if the gift be not founded upon a good ground, and due by the Law of God; an Act of Parliament cannot make it due. And in such a case it were more honourable for the Parliament to repeal such Statutes or Acts of Parliaments, that have confirmed such gifts, that are not grounded upon the Law of God, nor sound Reason, but found to be burdensome, and oppression to the people( as this tax of Tithes is) then to confirm them again: And if the Parliament should not repeal such Statutes, they do not perform that which God requires of them. Shall not the Judge of all the earth do right? saith Abraham, Gen. 18.25. The Parliament, by Gods providence, and the peoples appointment, are in Gods stead to relieve the oppressed; neither should the Parliament perform the trust reposed in them by the people, if they should not repeal such Laws that the people find by experience to be burdensome to them.  And as long as the Parliament continues them to us, we have as good a right unto Tithes, as the people have to their lands, and the rest of their corn, even by the Laws of the Land. 
But first we must understand which Law of the land is meant here that Tithes are due to Ministers by; for there were three sorts of laws in this Land, The Common Law, the Statute Law, and the ecclesiastical Law. We have right unto our lands by the Common Law, as they are ours by lawful purchase, decent, or gift from our Ancestors, and natural parence; And we have right unto our goods, or crop of Corn by the Common Law, and by the Law of God and Nature, as they are our proper goods gotten by the labour of our hands. But Tithes were never due to ecclesiastical persons, by the Common Law of the Land; but thought to be contrary to the justice and equity of the Common Law, unreasonable and burdensome to the people. For before the 18. of Edw: 3. any man might bring a Writ of Scire Facias to warn Prelates, Clerks, or other religious persons, to answer of Desmes in the Chancery, to show if they have, or can any thing show, or say why such Desmes ought not to be restored to the Demandents, as it appears in that Statute made in the 18 of Ed: 3. cap. 7. And that Statute was made of purpose to prohibit the granting of such Writs at the Common Law: The Prelates claiming Tithes to be due onely by their ecclesiastical Laws, and to be sowed for onely ●n their Courts. And since that time of Edw: 3. no Suits for tithes were to be in any of the Kings Courts, called Leay or temporal: And the Statute made in 2 Ed: 6. for the paying and recovering of Tithes, saith, That none shall sue for Tithes, but in the ecclesiastical Courts, before the ecclesiastical Judges: And this ecclesiastical jurisdiction, their Laws and Courts, the King and Parliament have put down by an Act this present Parliament, and have laid a penalty upon any one that shall exercise any ecclesiastical power.  
And here we note an act of Divine providence and mercy to the Husbandmen of this Kingdom; for the Husbandmen were like the impotent man that lay at the pool of Bethesda, Joh. 5.5. or like the man that went down from Jerusalem to Jericho, Luke 10.30. that was stripped of his raiment, wounded, and left half dead; the Priest and the Levite came by and saw him, but let him lie: Even so it hath been with us Husbandmen of this Kingdom, our Priest and Levites, nor any other man had any compassion on us, until God, like the good samaritan, took upon him the cure and care of the Husbandmans wounded estate, and by the overruling hand of his Divine providence, by putting down the ecclesiastical Jurisdiction and power, he hath in point of Law and power put down Tithes, that the Scripture might be seen to be fulfilled in our dayes, that saith, Man may purpose, but the determination of things is from the Lord: Prov. 16.9. It seems it was not intended by our Ministers when they desired that the prelatical power should be put down, nor by the Impropriators that desired the like, that Tithes should have ever been questioned, but that they should have kept us in bondage( as we have been) until Dooms-day, but Gods Decree shall stand, whosoever says nay; and we hope that the prelatical power, and the devouring law of Tithes shall never be set up again in this Kingdom.  
Now let us see what right the Ministers have to Tithes by the Statute Law of the Land: Acts of Parliament commanding the payment of Tithes of hay and corn are these; the Statute made of the 27 of Hen: 8. saith, that Tithes shall be payed according to the laudable custom of the place, or Parish. And the Statute made in the 32 of Hen: 8. saith, that Tithes shall be payed according to the lawful custom of the place; so that if the ecclesiastical power were in force, to which the execution of these Statutes did belong, before these Statutes can be in force, you must first prove that this Popish custom of paying the tenth of the Husbandmans stock and yeers labour laid out in the crop of corn, by paying the tenth of his crop every year under the name of Tithes or tenth of increase, be a laudable or lawful custom. But if this custom of taking the tenth of the crop of corn every year, be proved to be contrary to the Law of God and Nature, or sound natural Reason, as it hath been proved, and doth manifestly appear( to be so) in our Demonstration of the Oppression of Tithes, then those Statute Laws and customs of Tithes are to be abolished, both by the Law of God, and Nature; and by the Law of the Land: For the ground of all our good Laws and laudable customs of our Land, is sound natural reason written in the heart of man: wh●●ound natural reason aforesaid is contained in the Commandments set down in the second Table of the moral Law of God, which is the rule of all actions and duties to be performed between man and man. And against this Law of God and Nature( so called, because written in mans natural understanding) prescription, custom, nor Statute Law, may not prevail; and if any be brought against it, they be not prescriptions, customs, nor Statute Laws; but a thing voided; and against Justice, though confirmed by an hundred Acts of Parliaments. And for this purpose see the Book called, The Doctor and Student, ca. 2. pa. 4.  
The Statute made in the 27 Hen: 8. was to continue but until the 32 persons should set down what should be the ecclesiastical Law of Tithes, and after those Laws so ratified and confirmed under the Kings Broad Seal, that the 32 persons had made, then the said Tithes of Hay and Corn, and other Tithes, should be payed to such ecclesiastical persons, and others, and no otherwise, the which was n●ver done; and therefore it is high time that this custom of taking the tenth of the husband mans crop of corn, every year, under the name of Tithes, be brought and tried by the touchstone of sound natural Reason, and the Law of God, and put to the vote of all understanding godly and conscientious men, whether it be according to rules of Justice contained in the moral Law of God and Nature, the rules of Christian piety and charity, or not; for the Ministers to take away the tenth of the husbandmans stock and yeers labour( laid out in the crop of corn) every year under the name of tithes, or tenth of increase, when the husbandmen have none increase of their stock so laid out in the crop of corn as aforesaid: nay although he be a loser, and many times hath not his seed again that he sowed. And for your prein tithes( as you call them) we can find no Statute, neither in Mr. Pultons, nor Mr. Rast●les Collection of Statutes, that speaks of your tithe of Mint and Rue, we mean your Garden penny for pot-herbs; nor for tithe seed of hemp, flax, onions, rape, and such like things; nor for tithe apple, pears, wardens, plums, cherreys, and such like fruit; nor for tithe milk, cheese, and butter; nor for tithe honey, wax, pigs, goose, ducks, eggs, or chickens; nor for tithe wool, lambs, calves, kids, and colts; nor for the smoke peney, nor for the shreading ●●●●r hedges, nor loping of timber-trees; nor tithe of underwood, nor turf cut and prepared for fuel; nor for tithe of chips of timber, butts, and roots of trees, when they be digged up; nor thorns, briars, walnut-shels, and nut-shels, coals, weeds, cowshards, which the Cannon Law calls Editus boum, which( in some places) are used for fuel: All these things before-said are titheable by the Popes Cannon Law, but not by our Common Law, nor Statute Law. And here the Reader may perceive, that there is nothing so small or mean, but if any man by his labour can make it fit for some use or other for himself, but it must be tithed.  
Are Tithes to be sued for no where else, but in the ecclesiastical Courts, and before the ecclesiastical Judges? the practise hath been otherwise, for men have sued for them at the Courts a● Westminster, which are called temporal Courts.  
The question is not, what hath been the practise of suing in the temporal Courts, and before the temporal Judges; but whether Tithes ought to be sued for in the temporal Courts by the Common or Statute Law of this Land; and whether the Judges temporal are by the Statute or Common Law appointed to hold plea for Tithes or not: which is answered after this manner. First, there were two Powers within this Kingdom, before, and since the Conquest; viz: the temporal Power belonging to the temporal Magistrate, viz. the Kings of this Land, and exercised by their Ministers, the Judges, and such like Officers.  
The second, or other Power, was called, the ecclesiastical Power, claimed by the Pope, and exercised by his Ministers the Bishops, or their Deputies. And as the two Powers were distinct one from the other; so likewise they had cognizance of several matters, belonging to each Jurisdiction: one Jurisdiction was not to meddle with any matter that belonged to the other; and the ecclesiastical Jurisdiction had the pre-eminence, for the ecclesiastical persons were not to be tried before the Temporal Judges for criminal matters, but before their own Judges; until that Hen: the second perceiving that many horrible crimes committed by Clerks or Church men, were smothered up in secret, or smoothed over( with some slight punishment) upon examination, for nothing by their Law was mortal; he therefore obtained in the great counsel of Clarendon, to have the clergy tried before the temporal Judges, which first cut the hamstrings of the ecclesiastical Jurisdiction, for the perpetual laming of it, as Sir Hen: Spelman saith in his Treatise, De Sepultura; and now this King and Parliament hath broken the neck of this ecclesiastical Power.  
These two Powers remained under their distinct heads, until King Hen: 8. united these two Powers in himself, and then he continued these two Jurisdictions distinct, one from another, and exercised the ecclesiastical power by the same kind of Officers as before, and continued the same causes to be tried in the same Courts as before: and this particular matter of Tithes, He and the Parliaments in several Acts tied the cognisance of Tithes to the ecclesiastical Jurisdiction: And the Statute made in the 2d of Edw. 6. for recovering of Tithes, saith, that no person, either ecclesiastical or other, shall sue for Tithes elsewhere.  
Doctor Ridly hath answered to this Objection, in his Treatise called, A view of the ecclesiastical Law, and in the third part, in the first and second Chap: he proves by good Reasons, that tithes are to be sued for in the ecclesiastical Courts; and that the Statutes made in the 27. and 32. of H: 8. for the payment of Tithes, and in the 2 of E: 6. were ecclesiastical Statutes, and that every part and circumstance of them were intended for the ecclesiastical Jurisdiction, but that the Common Lawyers by a mere trick, without any ground of Reason, brought some trial of Suits into their Courts.  
And it was after this manner, because that the Statutes of the 27. and 32. of Hen: 8. saith, that all the Kings Subjects shall pay their Tithes, according to the laudable use and custom of their Parishes and places, where such tithes grow, and become due; which is undoubtedly understood of ecclesiastical customs triable at the ecclesiastical Law, until now of late men think all too much that goes besides their own nets: and therefore they say, that the custom of paying of Tithes is of temporal cognizance onely, and not of spiritual; and so pretend that it is not for Tithes that is sued for, but for the custom or manner of paying of them; and therefore upon this suggestion they bring a Prohibition to draw the svit into the temporal Court. But the customs or manner of paying of Tithes were of ecclesiastical cognizance, for these customs for Tithes were long before these Statutes were made, and were triable in the ecclesiastical Courts; yea the customs for payment of Tithes have been altered by Provincial constitution of ecclesiastical Jurisdiction, and brought to the same as they are now, by the ecclesiastical provincial Constitution( of the Popes legates) made in or before the dayes of Hen: 3. and the latest in the dayes of Hen: 5. What then are the customs of paying of Tithes, but ecclesiastical customs, and many other such like stratagems, some Common Lawyers had, to bring grists to their own Mill, as Doctor Ridley saith, which for brevity is here omitted. The truth is, it was mere emulation between these two kinds of Laws and Powers, that brought in Prohibitions to draw the Suits for Tithes into the temporal Courts, and all Suits tried for tithes, in any of the Kings Courts called temporal, were things done coram non Judice; for if Judges and Lawyers in their practise, be not bound unto the letter of the Statutes, but may fain an interpretation of the Statutes every one at his pleasure, then the Statutes are but like a nose of was, that may be made longer or shorter at the Lawyers pleasures; and the Statutes will be but snares to entrap men; and the people were as good never choose men for a Parliament, if the Statutes that they make be of no better force.  
Can two Justices of the Peace do that which is tied to the Justices( by the Statutes) at the Quarter Sessions, or can the Justices at their Quarter Sessions try that before them, that the Statutes enjoin to be tried at the great Assize before the Judges, were not this a mere confusion and disorder? This the temporal Ministers of the Kingdom allow not amongst themselves: and there was as good reason that the Statutes made to distinguish the two Jurisdictions, should have the same power, and the same causes or matters belonging to the ecclesiastical power, should have been tried before the ecclesiastical Judges by the ecclesiastical Laws, as the Statutes appointed.  
And for the better satisfaction of every mans judgement, that the clause of triple damages in cap. 13. Ann. 2. Edw: 6. is to be sued in the ecclesiastical Courts onely, it will not be amiss, if, for the confirmation thereof, you view Doctor Ridleys own Argument, where he saith:  
Out of the Statute of 2. Edw: 6. cap. 13. they raise many Prohibitions, the first whereof in order of the Statute, although the last in practise, is the Prohibition of triple damages, upon not dividing and setting out of Tithes; or at the least for the not compounding for them before they be carried away: which forfeiture they suggest, and thereupon bring a Prohibition, and so draw the whole svit of Tithes into their Courts, contrary to the true meaning of this Statute, which would have those triple damages, in case of not justly dividing and setting out, or not compounding for the Tithes before they be carried away, be no less recoverable before an ecclesiastical Judge, according to the Kings ecclesiastical Law, then the forfeiture of double value, by the letting and stoping of them to be carried away, whereby they are lost, with the costs thereon growing, is remediable at the same Law: for albeit the clause which is to redress this wrong, be put after that part of the Statute, which concerns the stoping and letting of Tithes to be carried away; yet when there is as great reason, that it should stretch itself to the first branch of the provision, as to the second, and the second branch hangeth on the first by a conjunction copulative; and there is no hetrogeny or disparity in the matter, whereby it may not be as well verified in the one branch, as the other; I see no reason why it should not equally respect them both according to the rule of the Law: Clausula in fine posita refertur ad omnia praecedentia, maxim quando non resultaret intellectus contrarius juri; as here it doth not: for the intendment of either branch of the Statute is, to procure by their several forfeitures, a just and true payment of Tithes; the recovery whereof, as the precise words of the Statute in one member restrain unto the ecclesiastical Law; so the identity of Reason in the other member doth confirm it unto the same Law: for where there is the like reason or equity, there ought to be the like disposition or order of Law.  
Beside, if the principal cause itself be triable in the ecclesiastical Court, why should not those things which hang thereon be tried in the same Court? For they are but as it were accessories to the principal, and so not onely follow the nature of the principal, but also belong to the Court of the principal, and are determinable where the principal is: for otherwise haply there might fall out contrary sentences of one and the self same thing, the one condemning, the other absolving.  
Further, in that Court wherein the course of Justice already is begun, the cause may with less labour, and easier expenses, be ended, being for the most part determinable by one sentence, than that a new process thereof should begin before another Judge, who knoweth little or nothing of the principal matter, and therfore cannot so easily decide the accessory.  
Lastly, those that take this course, first to surmise a forfeiture, then to draw the original svit, whereupon the forfeiture grew into question, bring in a proceeding far different from the common style of all well ordered Courts, in all Nations, among whom the conusance of the cause, and trial thereof goeth before, and the forfeiture or execution thereof followeth after: But in this hysteron proteron, the execution is in the forward, and the trial is in the rearward: In which doing they deal much like as Cacus the Giant dealt with Hercules oxen, who to the intent that Hercules should not find what way they were gone, drew them backward by the tail into his Cave; But as that device served not Cacus, but that Hercules had his oxen again: so it is to be hoped, the Reverend Judges of the Land will not suffer this subtlety long to prevail; but as it came in like a Fox, and now reigns as a wolf, so in the end it shall die and vanish away like a vain device, much like the destiny of Boniface the eight; that we be not devoured by this or the like device, as all the green things in the land of egypt were devoured by Locusts.  
To this Reason of Doctor Ridleys, we do add this; If the forfeiture of triple damage set down in the first part of the Statute of 2 Edw: 6. for not setting out nor compounding for Tithes, be not to be sued for in the ecclesiastical Courts, before the ecclesiastical Judges, and the charge arising in the svit, as well as the forfeiture of the double value for carrying away the Tithes, or hindering the person from carrying away the Tithes, so that it be lost: then that Statute that was intended for a remedy to procure an exact paying of Tithes should be worse then the disease itself in many cases: for where the tithe is worth but 10 s. by the year, the triple of that is but 30 s. and the cost in the svit at the Common Law will be 6 li. one way or other, before the plaintiff can recover the 30 s. which is four times the value of that the plaintiff shall recover. And if the tithe be worth but 20 s. the triple of that is but 3 li. and the cost of the svit at the Common Law will be 6 li. as aforesaid; and we do not believe that the makers of that Act would let pass such an over-fight: the Statute being made for the Bishops, Ministers, and Impropriators own end and purpose.  
And as Judges and Lawyers have d●●e that in their practise, in their temporal Courts that they have no right to do; so have country men been forced to do that which belonged not to them to do, neither by the Common nor Statute Law of this Land: the Yeomen, Farmers, and tradesman have been summoned upon Juries in temporal Courts, to try Suits for Tithes, that they had no right to try, neither by the Common, or Statute Law of this Land. For if Tithes be not to be sued for at the Common Law before the temporal Judges( as indeed they never were) as it appears in the Statute for the payment of Tithes made in the 32 of Hen: 8. then have Lay-men no right to be upon Juries to try Suits for Tithes, unless there had been an express Statute, commanding them to appear upon Juries for the trial of Suits for Tithes; so that country men are made but one anothers executioners, and a kind of excuse for the Parsons covetousness: the Parsons may say, your neighbours that were of the Jury gave them us. It were to be wished that countrymen would be a little more cautions in this particular, and consider whether Tithes are due( unto those that demand them) either by the Law of God. or Nature: and if not, whether they have any right by the Law of God to give away one anothers goods( under the name of Tithes) unto those that have no right unto them; and so become as bad as a false witness against their neighbours. Prov. 24.28. The time was, before these Statutes were made, that if any country man should have claimed to judge or try Tithes by a Jury of Lay-men( as they were called) he should have been accounted as profane as Esau, as wicked as Nadab and Abihu, that offered with strange fire; and as rebellious as Corah, Dathan and Abiram: and if any man should have come to any ecclesiastical Court with such a svit, that Tithes should have been tried by a Jury of Lay men, some hot spirit of the fiery triplicity( we mean the Popes ecclesiastical fiery triplicity) of Bishops, Priests, and Deacons, he would have saluted him with such a benediction, as Elijah did the two Captains and their fifties: 2 King. 2.10. Let fire come down from heaven, and consume thee and thy fifty.  
Every man buys his Land at such a rate, and takes it at such a Rent, that he may afford to pay Tithes out of it; he bought not the Tithes, nor took them: he knew before he bought the Land, or took it, that he must pay tithes out of it; he payed nothing for the Tithes.  
Ans. THis Reason hath some show of verity, but no truth at all in it; indeed it should be so: The Jews in their Judicials had such a Law, when any man sold his land, it was to return to him or his heirs at the year of Jubilee: Levit. 25.13, 14, 15, 16. According to the multitude of yeers thou shalt increase the price thereof, and according to the fewness of yeers thou shalt diminish the price of it: for according to the number of the yeers of the fruits doth he sell unto thee. By this it is evident, that the Jews were to set the price of their Land higher or lower, as the yeers were more or less to the year of jubilee; and that the Jews had a respect in their buying and selling of land unto the strength of their land, what fruit or increase it might bring forth, their stock of seed and other labour being deducted, and their Tithes also, for they were not to oppress one another in buying or selling of Land. Levit. 25.14. And if this deduction aforesaid had not been considered, and made in the price, they should have oppressed one another in buying and selling, for that was their own before, and not the fruit of the land. And that the Jews had such a Law of deducting their charges as is here spoken of, is confirmed by Josephus a learned Jew, who was well acquainted with the Laws and customs of the Jews: he saith that the restitution of the land was after this manner. The year of jubilee being at hand, the seller and the buyer both meet together, and cast up an account of the profits and expenses that had been reaped, and bestowed upon the Land: And if it be found that the profits do amount, he that sold the land re-possesseth it: but if the charge exceed the value of the profits, he restoreth the surplusage to the buyer, that is due to him, and retaineth the land to himself. And if the profits and expenses are answerable one to the other, the restitution is made to him that had the ancient inheritance. The like Law was for houses that were in Villages. Joseph. Judae. antiq. lib. 3. cap. 10. Here the Reader may observe, that there was an exact rule of Justice in the bargains of the Jews; and if the buyer got any thing by his labour, it was his own: but he was not to be a loser; if he were, the seller was to make restitution: And there ought to be the like justice in selling and letting of land amongst us.  
And we have a Law that Bakers shall make their bread greater or smaller, according as the price of a quarter of Wheat is more or less.  
As by divers books of assize, and Statutes made in several Kings Reigns, it appears, and there is sufficient gain allowed for them, that they may live of their Calling or Trades. And the Statute made in 2 Edw: 6. for Tradesmens paying of Tithes, provides that tradesman shall deduct their Stock and charges, and pay but the tenth of their clear gain; that so hereby the Tradesmans Stock may be preserved whole for his continual maintenance: and there ought to be the like care taken of the Husbandman, that he may live of his Calling. In every orderly and good Common-wealth, there ought to be a fatherly care taken to uphold every lawful Calling, and every member thereof, if it were possible, that they might provide for themselves and their families by their Callings. But there is no such Law, custom, or Rule in this Land, that is binding to the seller or letter of Lan●, but the seller may get what he can for his land; and divers times men do give more for Land, then they can let it for after the usual term of 21. yeers purchase; some give after the rate of 30. yeers purchase, and the Landlord may draw his Tenant to as great a rent as he can, without the consideration of Tithes, or other charges, that is to go out of the Land: And daily experience sheweth, that many gripping landlords do take advantage upon the covetousness simplicity, and necessities of the takers, and have drawn their Tenants to greater Rents then they are able to pay, though they pay no Tithes, nor other charges out of the Land, but the Rent: neither can there be such a rule amongst us, before we buy or take the Land, for the buyer or taker of Land, to buy or take Land, that they may pay tithes out of the land bought or took; Neither do we believe that any Landlords amongst us, will come to any such after reckoning with their Tenants as the Jews did with theirs, in their buying and selling( which was much like our taking of a Lease, and giving a sum of money before hand for a Fine for a Lease for a certain number of yeers) as to make satisfaction to the Tenant if in case he have lost by the Land in the term of yeers. And that there can be no certain rule for the buyer or taker of Land to pay Tithes by( as aforesaid) will manifestly appear by these two Reasons. As,  
1. Although that the crop cometh from the earth, as it is the common Mother of all creatures; yet the ground bringeth not forth corn of itself; without mans help it is but as a barren heath, or an unfruitful wilderness, the crop principally depends( and ariseth) upon the stock or charge that the Husbandman lays out in the dressing and preparing of the land for the crop; and the more charge the Husbandman bestows upon the land, the greater the crop must be, or the greater will be the husbandmans loss: and the Tithe principally ariseth from the husbandmans stock or charge which he bestows on the crop, which is at the least four or five times the rent of the land, or more; and it is uncertain what charge the husbandman shall bestow on the land for the crop; and the more charge the husbandman bestows on the ground, to make a plenty of corn in the land, for the good of the Common-wealth, the greater is the oppression of Tithes; because that the tenth of his stock or charge that he hath laid out in the crop, is taken from him, by taking the tenth of his crop yearly under the name of Tithes.  
2. Because the crop depends upon the seasonableness or unseasonableness of the year, which no man can foresee, Eccle. 11.6. In the morning sow thy seed, and in the evening withhold not thine hand: for thou knowest not whether shall prosper, either this or that, or whether they both shall be alike good. Some yeers are so unseasonable that the husbandmans crop is not worth his charges that he hath laid out in dressing and preparing of the land for the crop( by many degrees) besides the Rent that he is to pay for the land. By an unseasonable year, is not meant such a year that brings a dearth, or a famine on the Land; but every year proves unseasonable to some men or other in every County, nay to some men in every Parish in one degree or other; there is scarce any year so temperate, but it is unseasonable to most men in some part of their land, either in the ●eed time, Winter, Spring, or summer: the reason of it is, because that God in his divine wisdom hath created the earth of several natures, and qualities, and so mixed them together, that there is not any County in this Kingdom, but the land is of divers and contrary natures; nor is there almost any Farm, but the land differs in nature, and in divers Closses there are parcels of Land of different natures. To instance in a close of 10 Acres, some part of the close is a day, the substance thereof is fast, and fit to retain water; and if the seed time Winter or summer prove could, and wet, then the corn doth not prosper in that kind of ground, and many times it bringeth not forth the seed again: and there is in that close some ground that is hot, and dry; and that kind of ground is unfit to retain water: and if the seed time, Winter, Spring, or summer prove hot and dry, or could and dry, then the corn doth not prove on that kind of ground, and that doth not bring forth the seed again. And if that the corn doth prove upon one of those kinds of ground as well as can be expected, and fail upon the other, the husbandman will be a loser in that close; and it many times fals out, that half the husbandmans crop may fail in one kind of grain or other: and there is scarce any year so seasonable, but some of his crop fails, on some kind of ground or other. And this may be easily seen by any man that can but discern colours; if that he doth but cast his eyes upon the ground, he shall see ground of divers natures, and some corn better upon one parcel of ground then upon another, even in the same field of 10 Acres; yea in a close of two Acres ye may see the like. And by these Reasons, if well considered, a man may see that there can be no certain rule for a man to buy or take his land, that he may afford to pay Tithes out of it; And if the husbandman be a loser by his crop, the tenth of it being taken away makes him a greater loser.  
The Husbandman pays nothing for his Tithes, so said an Impropriator that thought himself wise. For Answer to this, we refer the Reader unto the latter part of our Demonstration of the Oppression of Tithes, pag. 36. where he shall find the several sums of money for every particular charge laid out in the crop of corn in a Farm of 100 li. by the year; and there the Reader shall find, that the Husbandman lays out in the crop of corn the sum of 360 li. it may be the husbandman lays out more money then that aforesaid: And the Ministers and Impropriators take away the tenth of that 360 li. which comes unto 36 li. although that the Husbandman have no increase of his stock laid out in the crop of corn; for the Ministers and Impropriators take the tenth of the crop of corn wherein the 360 li. lies. And so after that rate in any Farm of what value soever, either of 100 li. or 50 li. or 30 li. or 20 li. or 10 li. by the year. How then doth the husbandman pay nothing for his tithes, or tenth of his corn that is taken from him every year, let any man demonstrate if he can.  
And further, if a man bought or took his land after any rate, that he might afford to pay Tithes out of it, then the Tithes should be as certain as the Rent every year, it could be but the tenth of the year Rent. As for example, a Farm 20 li. by the year, the tithes should be but 40 s. which is the tenth of the Rent; but the Tithes of a Farm of 20 li. rent by the year, will be worth 6. or 7 li. or more by the year, according to the greatness of the stock and labour that is laid out in the crop of corn in such a Farm. So that the tithes sometime upon some barren land is more worth then the rent of the land.  
Again, if a man did take his land at such a rate that he might afford to pay tithes out of it every year, then the Husbandmans labour should be certain every year that he shall bestow in tilling of the land, and the crop should be certain every year, both in number of bushels, and in the price of corn, which is a thing not to be expected.  
Object. Suppose that there be two parcels of Land equal in quantity and quality, and one of those parcels of Land be tithe-free, and the other be charged with tithes; will not any man give more for that parcel of land that is tithe-free, then for the other that is charged with tithes, whether it be to buy, or rent the land?  
Ans. YEa, one would think that it were reason that he should give more for that parcel of land that is tithe-free, then for the other charged with Tithes. But stay a little, and consider the reason why he gives more for the land that is tithe-free, then for the other that is charged with tithes. The reason is not because the land in itself is any more worth then the other, but because it is freed from Tithes; take away tithes from the other, and then the land will be equal, and then no man will give more for one of those parcels of Land than for the other. And here is to be noted an act of injustice, in the seller or letter of Land, by reason of the Tithes, for he sels his land at a great price, and lets it at a greater rent, then the land is worth in itself for a consideration, that is not in the thing sold, nor in sound reason can stand with the rules of Justice in selling or letting of land; for he makes the buyer or taker of Land to give a price for his own goods, that he shall lay out upon that land before he can make any use of it: and this is but a defrauding of our brother, 1 Thes. 4.6. That no man go beyond and defraud his brother in any matter, because that the Lord is the avenger of all such, as we also have forewarned you, and testified. This will not be accounted for justice before God, in selling or letting of Land, to take money for such a consideration, that is not in the nature of the thing sold or let; and he that hath the other parcel of land, that is charged with Tithes, cannot sell it for so much as the land is worth. To make this appear more fully, this similitude shall be used.  
Suppose a Gentleman should lack a svit of clothes, he goes to the Merchant tailor to buy a svit, and there he finds one that he likes, and it hath no buttons, nor books upon it, to make it useful for him; and it is plain cloth without any trimming on it: but the Gentleman purposes to bestow 10 li. on it in gold lace, and buttons, and hooks no set upon the svit to make it useful for him, before he will wear it, if the tailor should ask 10 li. more for the svit then it was worth plain; because of the charge the gentleman means to bestow upon it, after he had bought it: would not the Gentleman think the tailor a very unreasonable man, and were not the Gentleman very unwise to give any more for the svit for such a consideration? Even so it is with the Seller or Letter of the Land that is tithe-free, to make the buyer or taker to give a price for his own goods. And that for a man to take more money for the land( either to sell or let it) that is tithe-free, because it is tithe-free, be not to take money for that which is not in the land sold, or let, nor can stand with the rules of justice, or sound reason, in se●ling or letting of land, that is tithe-free; we refer the Reader to the latter part of our Demonstration of the Oppression of Tithes, pag. 36. where he shall find the several sums of money in every particular charge the Husbandman is at, in setting a crop of corn upon the land, of a Farm of 100 li. per annum, that he may make some use of the land, either for the money laid out in the purchase, or for to make the rent that he is to pay for the use of the land, that rents it: And there the Reader shall find it to be 360 li. of which 360 li. 210 li. of it is of a mans own money laid out in the charge of ploughing, dunging, seed, weeding, reaping, and other charge in the harvest, to make the corn ready to be carried into the Barn; or else a man can make no use of the land, although that the land be his own, he having bought it, and payed for it after the rate of of 20 yeers purchase; besides 150 li. for a year and a halfs rent at 20 yeers purchase as aforesaid: the tenth of all which doth amount unto 36 li. which is now unjustly taken for tithes, both from the owner of land, if he till the land himself, or from the Farmer that rents the land.  
The Impropriator hath bought the Tithes, and his estate lies in Tithes, would you undo him?  
THe Impropriator should have taken more heed in his buying; why did he lay out his money on such a purchase? he bought an uncertain thing, and at a low price; it was mere covetousness that made him to lay out his money on such a bargain: he payed no more for it then one would give for a Fine for a Lease of 21. yeers( or it may be not so much, some have bought under) that the land might return again to the right owner. He hath had his money that he laid out for the purchase double and treb e. If any man buy Land of one that hath no right to sell it, the right Heir may sue for it, and by our Law he shall recover the land; and if he that bought such a purchase will have any recompense, he must have it of him that he bought it of. By the moral Law of God, and the Law of Nature, we have a right to that part of our goods, that is taken from us under the name of Tithes, as well as to the other nine parts of our goods, as they are the labour of our hands, and our proper goods; our bellies require them at our hands: Eccl. 6.7. Prov. 16.16. And if that we should not sue for them, we should be injurious to ourselves, and to our posterity; and guilty of self-murder, and robbery: For he that takes away my livelihood, takes away my life; and he that takes away my goods, and gives me no consideration, or not of equal value for them, robs me; yea if that we should not sue for them at this time, the very stones in the fields would rise up against us, and condemn us for fools, and perjured men. Is there no year of jubilee for us, that our natural inheritance, the labour of our hands, should r●turn to us again? or are our ears boared, that we and our children should be slaves to the Impropriator and his children for ever? The Impropriator is afraid of undoing; but how many hath he undone already, and he cares not how many he undoes hereafter.  
The case stands thus: A poor man that hath a wife, and five or six small children, and hath nothing but his labour of his hands instead of lands to maintain himself, and his family, he takes a cottage with three or four Acres( or more) of Land unto it, to provide bread for himself and his family; and by his labour he makes a hard shift to get a little money to pay the ploughman for ploughing of this land three or four times before it be sowed with Wheat; and pays two yeers rent for this land, and buys, or it may be borrows seed to sow this one Acre( of wheat) and bestows weeding of it, and three or four shillings to cut and make it ready to carry into the Barn; then comes the Impropriator, and takes away the tenth of the crop from the poor man, that he had more need give unto; and this Impropriator is, it may be, a gentleman, a Knight, or a Lord of 500. 1000. or 5000 li. per annum, of free land; and the poor man before the year goes about, wants that bread for his children: and so it is with many poor Farmers that have 40 or 50 li. stock left them by their friends, or gotten by their labour; and it may be they borrow 100 li. more, and pay 8 li. for the use of it; and they employ it and their own stock in tillage, because they have none other calling to live by: and the tenth of that which they borrow, and the tenth of their own stock and yeers labour, is taken from them every year under the name of Tithes. And many such like instances of cruelty done to poor men in this case of Tithes might be brought, but a man may know the bigness of a lion by his paw. And whether it be more reason that the superfluity of some few men, that take away poor mens goods by pretence of right under the name of Impropriation of rithes, should be abated; or the whole Kingdom groan under this burden of Tithes, we leave to all judicious men, and all other men that have any reason to judge. Solomon saith, Prov. 22.16. He that oppresseth the poor to increase his riches, and he that giveth to the rich shall surely come to want.  
The like Objection was made by some when the Bishops were a putting down, the High Commission Court, & all other Courts belonging to the Bishops, and also in putting down the Court of Star-Chamber, saying, that if you put down Bishops, and all their Courts, then many hundred of families will want bread, they having no other way nor means to live by but their Offices in these Courts; and many have laid out great sums of money in buying of Offices for their lives in the Star-Chamber, High Commission, and other Courts, shall they loose their money and their livelihood? And yet for all this, the justice of the Parliament was such, that finding the Bishops, and those Courts aforenamed, to be burdensome to the people, they have put them down without giving any satisfaction( as is known to us) to those Officers that depended upon those Courts, for the money that they laid out for their lives for those Offices. There is less reason that the Impropriator should have any satisfaction for his money that he hath laid out for Tithes, then for those Officers; for whilst that those Courts stood, there was need of those Officers to do business for men that had Suits in those Courts: but there is no such need of the Impropriator in the Common-wealth.  
And further, the Impropriator takes away mens goods by compulsion, without giving any consideration for them of whom he took them: those Officers did something for those men that had Suits in those Courts for the money that they took of them under the name of Fees; but the Impropriator neither does nor gives any thing, for those goods they take away under the name of Tithes: and it may be those Officers were brought up in those Courts from their youth, and had spent all their time in studying the Laws and Orders belonging to those Courts. And therefore they bought those Offices because they would not be deprived of them, and at others pleasures, and so loose all their time and labour. There was no such reason, nor engagement, to move the Impropriator to lay out his money for Tithes, but mere covetousness, to live easily upon other mens labours; for he might have laid out his money on some other purchase: And therfore there is no injustice done to the Impropriators if Tithes be taken from them( although they have bought them) who have a long time enjoyed them to their enriching, and undoing of the right owners of them. But there is justice done in restoring of Tithes to the right owners, that lay out their money and labour for the crop.  
Object. Tithes being dedicated unto superstitious uses, when King Hen: 8. suppressed Abbeys, and those Orders of superstitious persons, that lived in them; He took the Abbeys, and the Land belonging to them, and Tithes, as things confiscate unto himself, and confirmed them by Act of Parliament.  
Ans. THe question is not what H: 8. did, but whether he ought to do so, or not: though that it was his duty to put down superstition, and idolatry, and take the Abbeys and Houses, those cages of unclean birds, and the lands belonging unto them, wherein those superstitious persons had a common right; the societies being dissolved, there was no use of those Houses and lands for them, and so no harm done to any other person, he might take those lands and houses to himself, if it might stand with his Honour, or having made them pass through the fire of Gods Word, and trial of the truth, He might have bestowed those Houses and Lands on some pious use; As Moses Law was, that the Israelites should make those metals of gold, and silver, brass, iron, tin, and led, that they were to receive of the Heathen, to pass thorough the fire, before they were fit for holy use: Numb. 31.33. Or He might have bestowed them on some public use, for the good of the people; many of those Lands at first coming from the people, and so the people in general had a right in them. Now what was the true cause that made the King and Parliament to suppress Abbeys, whether true piety, or policy, is not known; neither will we take upon us to judge: some of the wiser sort of men think it was mere policy, the better to strengthen himself against the Pope, whose Authority he had cast off, and set himself in his Throne, and taken the Popes Revenues of first fruits and tenths to himself. But for Hen: 8. to take Tithes, wherein particular men have interest, and whose proper goods they are, and who have continual need of them to sustain themselves and their families, to enrich himself( or any of his Favourites) with other mens goods under the name of confiscation, without giving a consideration for them, to those he continually took them of, stands not with that justice of a King and Parliament which God requires in them. Micah 3.1. And I said, Hear, I pray you, O heads of Jacob, and ye princes of the house of Israel: is it not for you to know judgement? And Deut. 16.18, 19, 20. Judges and officers shalt thou make thee in all thy gates which the Lord thy God giveth thee throughout thy tribes: and they shall judge the people with just judgement. Thou shalt not wrest judgement, thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous. That which is altogether just shalt thou follow. And Isa. 10.1. Wo unto them that decree unrighteous decrees, and that writ grievousness which they have prescribed. And for H. 8. to continue the name and thing dedicated unto superstitious use, stands not with the rule of Gods Word, for the suppression of superstition and idolatry. Exod. 23.13. So Deut. 12.3. And you shall overthrow their altars, and break their pillars, and burn their groves with fire, and you shall hue down the graved images of their gods, and destroy the names of them out of that place. And for H. 8. to continue the name and thing dedicate unto superstitious use, and commanding it of the people to be given to himself, stands not with the example of any of the good Kings, or other Worthies in Scripture, that reformed Superstition and Idolatry. Why might not Moses have confiscate to himself the golden Calf that Aaron had made? Exod. 32.8. it might have been a rich prise for him, it being made of the gold ear-rings of all the Israelites, their wives and children: Exod. 32.2, 3. which were 600000. men on foot, besides women: Exod. 12.37. Or why might not King Josiah, when he reformed the superstition that was in the Church of the Jews, spoken of, judge. 27. have onely cashiered the Idolatrous Priests, and confiscate to his own use their altars and groves, under whose shadow the Altars were built, with the parcels of ground upon which those Altars and Groves stood; and he and his Synedrion have enacted that the people should pay their sacrifices, oblations and offerings unto those places, as they had accustomend to do for forty yeers before, or so long a time that might have made up a prescription against the people, and have sold or given them to some of his Favourites? or he and his Synedrion, or high Court of Parliament, have divided them amongst themselves; Might it not have been a goodly revenue for some of them, or at the least a great increase of their estates? And if the people would not pay there accustomend sacrifices, oblations, and offerings to these men that he and his Synedrion had given them unto, then to have made another Act in this or the like form.  
Forasmuch as men neglect their duty unto Almighty God, and our sovereign Lord the King, in these times more then heretofore, in not paying their sacrifices, oblations, and offerings; and forasmuch as Lay men have right to sacrifice, oblations, and offerings, and have no right to sue for them by the Law of the Priests; and forasmuch as Lay men cannot sue for sacrifices, oblations, and offerings by the judicial or Common Law of the Land; therefore be it enacted, that whosoever doth not truly pay sacrifices, oblations, and offerings, according to the laudable custom of those places, shall pay triple damages; and Lay men shall sue for sacrifices, oblations, and offerings by the levitical or ecclesiastical Law in their Courts, and before their Judges, and not elsewhere. Was it not a Law of confiscation that Saul made, when God sent him to destroy the Idolatrous Amalekites, 1 Sam. 15.9. But Saul and the people spared Agag, and the best of the sheep, and of the oxen, and of the fatlings, and the lambs, and all that was good, and would not utterly destroy them but every thing that was vile and refuse, that they destroyed utterly. And Saul would have made Samuel believe, that this Law of confiscation was good: v. 13. And Samuel came to Saul, and Saul said unto him, Blessed be thou of the Lord: I have performed the commandment of the Lord. And Samuel said, What meaneth then this bleating of the sheep in mine ears, and the lowing of the oxen which I hear? And Saul said, They have brought them from the Amalekites: for the people spared the best of the sheep, and of the oxen, to sacrifice unto the Lord thy God, and the rest we have utterly destroyed. There cannot be so much said for our confiscation of Tithes, that they are sacrifices for the Lord, or bestowed upon some pious use: but ver: 19. Samuel said unto Saul, that he had turned to the prey, and done wickedly in the sight of the Lord.  
It had been more Honourable for Hen: 8. and that Parliament, to have done to his people as Abraham did to Lot, and to the kings of Sodom and Gomorrah, after that he had recovered the goods from those kings that had carried them away; Abraham restored every man his goods again, Gen. 14.16. lest it should have been said, that they had made Abraham rich. v. 23. Or if that he had took of their goods, it might have been said, that Abraham took that pains that he did for his own ends. So H. 8. might have taken his own lands, if any of those lands were taken from the Crown, and given to that superstitious use; and given every man their Land and Tithes again. Now see what Moses a faithful servant of the Lord did, he suppressed Idolatry, and demolished the monument thereof the golden calf: and he being a just man to the people, would not take any of that gold, that was dedicated unto superstitious uses; but gave every man his gold again by beating it to powder, and strewing it on the water. It may be that that was one reason why he beat it to powder, and strewed it on the water, and made the Israelites to drink of the water. So if H. 8 had made every man to drink his own golden Tithes again( we mean restored them, that were dedicated to superstitious uses) it had been a cordial physic to have cured the malady of Superstition, and more agreeable unto the example of Moses, and good King Josiah.  
This Law of Confiscation and Impropriation of Tithes, is adjudged by godly and wise men, that have well considered on it, to be but a mere machiavellian wile, a trick, or sophism and mystery of State, to beguile the vulgar of their goods: For this law of Confiscation and Impropriation of Tithes, under the name of things dedicated unto superstitious use, is contrary to the rules of Gods Word, for the suppression of superstition and idolatry, as hath been proved out of Exod. 23.13. Deut. 12.3. they were to abolish the name and thing dedicated unto superstitious use. And likewise it is contrary to the example of the worthy Governors, and good Kings amongst the Jews, that suppressed superstition and idolatry; as it hath likewise been proved from the example of Moses, Exod. 32.8. and from the example of good King Josiah: 2 King. 27. that never took an advantage by the peoples superstition to make a prey upon their goods, although that they might have had more colour for it, then King H. 8. and the Parliament had.  
So also it is contrary to the rules of Justice: for confiscation or forfeiture, is a punishment for the breach of some precedent law. Now where there is no Law, there is no transgression, saith Paul, Rom. 4.15. There was no Law in this Kingdom that forbid men to pay their Tithes unto those persons called Religious, that lived in Abbeys and Nunneries, upon pain of forfeiture; nor no Law forbidding them to receive such gifts upon pain of forfeiture; and therefore men could not forfeit that part of their goods, that they gave by way of alms( as Tithes were so given and esteemed) yearly under the name of Tithes, for the maintenance of those persons called Religious; nor they could not forfeit their right to them if they had any in them: And the King could not seize upon mens goods and labour without some just title, some forfeiture upon a penal Law, or a condition enfringed, as Mr. Prynne hath sufficiently proved in his Humble Remonstrance against the tax of shipmoney, pag. 7. But the people were commanded, and it was accounted in those times a pious and charitable dead in those men that gave such a portion of their goods and labour for an alms( yearly under the name of Tithes) unto those persons called Religious, that lived in Abbeys and Nunneries, which had none other maintenance to live upon, nor might seek to get any for themselves, because, as the people supposed, those religious persons were to spend their time in holy prayers, for the Souls health and good of the people: and the people thought that their prayers were a sufficient reward for that part of their goods that they gave by way of alms( as aforesaid) unto those persons called Religious.  
And if King Hen: and that Parliament that suppressed Abbeys and Nunneries thought that the end was good, for which men were commanded, and did give that portion of their goods yearly( by way of alms) under the name of Tithes, and that the people had some good by the prayers of those persons called Religious; Then that Parliament did evil in taki●g away the good end from the people, by which they had benefit; and to continue the burden upon the people: What could have been more injurious to the people, and contrary to the rules of Justice and sound reason? And if that King and Parliament thought that the end for which men gave that portion of their goods( for an alms to those persons called Religious) yearly under the name of Tithes was evil( as indeed it was) then that King and Parliaments duty was, to have suppressed those dens of thieves, that robbed the people of their goods, under the name of Alms or Tithes given to those persons called Religious, and have taught the people how to have bestowed their goods better; and not to have made a prey upon the peoples superstition as they did. The people had little cause to thank that King and Parliament for that Act of suppressing Abbeys and Nunneries( in respect of the burden that lay upon the people to maintain them) for it was all one to the people to maintain those swarms of idle drones with their goods and labour, as to maintain the Impropriator.  
These things being well considered, what is this Law of Confiscation and Impropriation of Tithes, but( as was said before) a machiavellian wile, or sophism and mystery of State; there being no forfeiture, nor any just title for the King and Parliament to seize upon the movable goods, and labours of the people; nor any ground in sound reason, to make a Law or Statute to settle that burden upon us, that our fathers in time of ignorance, and blind superstition, had burdened themselves with. We conceived that a gift given( arising out of any mans land) to pious or charitable use, the end failing or being taken away, the gift by our Law ought to return to the donor, or his heirs, or to him that hath the right in the land from them by purchase. And this is agreeable to the like Law of God, Levit. 27.22. If any man dedicate a field unto the Lord, it was to return to the owner at the year of jubilee. And a gift given to superstitious uses, the end failing or being taken away, there is the same reason, or as good, that the gift should return to the donor, or his heirs: and this is agreeable to the example and practise of all the good Kings, and Reformers of Superstition, recorded in the Word of God. We conclude this with that of the Prophet Isaiah, Chap. 29. v. 15. Wo unto them that seek deep to hid their counsel from the Lord, and their works are in the dark, and they say, Who seeth us? and who knoweth us? And v. 16. Surely your turning of things upside down shall be esteemed as the potters day.  
Object. But suppose that a m●n have an ill Title to lands or goods, he that hath the right title to them can make the others good: So though that the Title of Impropriation of Tithes was not good in the beginning; yet the King and Parliament, who is the representative Body of the Kingdom, can make the ill Title of the Impropriation of Tithes good; and we are to look to the Acts of Parliament that have confirmed that estate as the Acts of the whole Kingdom.  
Ans. THis reason is not sound: for although that it be true that he that hath an ill Title to land or goods, may have his ill Title made good by him that hath the right title, yet it doth not follow, that the King and Parliament, who is the representative Body of the Kingdom, have the same right unto particular mens lands, goods, and labours as they themselves please, nor as particular men can themselves. And this the Kings majesty in His Answer to the Declaration, Votes, and Orders of assistance of both Houses of Parliament, concerning the Magazine of Hull, set forth May the 4. 1642. confesseth, as the Reader thereof may perceive; and the Parliament in their 3d. Remonstrance set forth May 26. 1642. confesseth, that if this principle should be granted, that it would pull up by the root the liberty and interest of every Subject.  
And for the better understanding of this point, that every one may understand what right he hath in his lands, goods, and labours, and what right the King and Parliament have in them; and how particular mens rights unto their lands, goods and labours, and the King and Parliaments right to them differ, which is by distinguishing of right. 1. There is a natural: 2. there is a civill: 3. a right of trust. Every one hath a natural right unto the goods lawfully gotten by the labour of his hands, or by descent from his natural parents, or ancestors: for who shall enjoy the goods gotten by the labour of a mans own hands, or other lawful means, but himself? and who shall enjoy the goods gotten by a mans natural parents, or other ancestors, but he that proceedeth out of his loins, or interest of blood? As, Prov. 10.14. Yea, a man may have a natural right unto a field, by cutting up the briars or bushes, and digging of it, and making of it fit for mans use; and unto a Cave by digging of it; or unto a house by building of it; as in the first Plantation of Countreys. And thus Ephron the Hittite might have right unto the field and cave that Abraham desired to buy of him, Gen. 23.9. So likewise a man hath a civill right unto lands, caves, and houses, by way of gift: and so Abraham might have had right unto the field and cave of Ephron, Gen 23.11. Nay my Lord, hear me: the field give I thee, and the cave that is therein, I give it thee. And also a man may have a civill right by purchase; and so Abraham had right to the field, cave, and trees of Ephron, Gen. 23.16. And Abraham weighed to Ephron the silver, &c. and ver. 17. the field, cave, and trees were made sure to Abraham. These rights men had unto lands, caves, houses and goods, before they were any Kings or Parliaments: Kings and Parliaments were appointed by God and the people, to make Laws for the preservation of these rights, and not to take them away from those that have them. The King and Parliament, or representative Body of any Nation, or people, hath no such right unto the houses, lands, goods, and labours, as particular men that laboured for them, or had them by descent from their natural parents, or other ancestors, or friends, or had them given unto them, or bought them with their own money. We have right unto our houses, lands, and goods some of these ways: And we have a natural right unto our goods gotten by the daily labour of our hands; and so we have right unto our crop of corn, as it is the fruit that ariseth from our proper stock of money and yeers labour, for the preservation of our natural lives, which neither King nor Parliament can take from us( unless by violence) under any pretence whatsoever, without a good consideration for them. No Nation or people that were well in their wits, and knew their own rights, and duty to God, ever gave unto their Kings, Parliaments, or representative Bodies, such a right as themselves have in their houses, lands, goods and labours, to dispose of them as particular men can; neither may any Nation or people give any such right and power( by free consent) unto their King, Parliament, or representative Body, to dispose of themselves, their houses, lands, goods, liberties, and labours, at their Kings, Parliaments, or representative Bodies pleasure: the reason is, because men( though free) are not free Lords of themselves, their own estates, liberties, lives, labours, goods, lands, and houses, but onely stewards under God; and therefore they may not give their free consent unto any Magistrate, their Parliament, or representative Body, any such power as large as they please, for to dispose of their estates, persons, liberties, lives, goods, and labour, as their Parliament, or representative Body please; but as God will, who is the sovereign Lord of all: His Word is a rule of righteousness or justice to our neighbours, and ourselves, as well as holinesse to God himself. And therefore neither the people may give consent, nor the Magistrate, Parliament, on representative Body of any people or Nation, take power of themselves to dispose of particular mens liberties, bodies, lives, houses, lands, goods, and labour( who have by their voices choose the Magistrate, Parliament, or representative body, and entrusted them to make Laws for them) as they please. And this is confirmed out of 1 Sam. 8. from the fact of the Jews, that disliked the government of Joel and Abiah( the sons of Samuel, whom Samuel, by Gods appointment, had set over the people to be their Judges) because they did not rule according to the rules of righteousness or justice, as it appears, v. 3, 4, 5. And his sons walked not in his ways, but turned aside after lucre, and took bribes, and perverted judgement. Then all the elders of Israel gathered themselves together, and came to Samuel unto Ramah. And said unto him, Behold, thou art old, and thy sons walk not in thy ways: now make us a king to judge us like all the nations. This act of the Elders of Israel, in that they went unto Samuel the Prophet of God, to complain of the evil government of his sons was good, if they had stayed there, and humbled themselves under the hand of God, who had( no doubt) given them such evil Judges to punish them for their sins: But in that they desired a King like the heathen Nations about them; not but that the government of a people by Kings was, and is good: for if it had not been good and lawful, then God would not have granted to them their desire to have a King. But because they rejected that form of government by Judges, that God had set over them by his Prophet Samuel, and therefore God was displeased with the Elders of Israel, as it appears, v. 7. And the Lord said unto Samuel, harken unto the voice of the people in all that they s●y unto thee: for they have not rejected thee, but they have rejected me, that I should not reign over them. And therefore God in his anger granted them their desire, and in his wrath gave them evil Kings, like those heathen kings of the Nations about them: And therefore God commanded his Prophet Samuel to tell the people what a choice they had made, to choose such kings as the heathen kings were, whose wils were a law, and not the rules of righteousness or justice, according to Gods Word: as it appears, v. 9. Now therefore harken unto their voice: howbeit, yet protest solemnly unto them, and show them the manner of the king that shall reign over them. 10 And Samuel  told all the words of the Lord unto the people, that asked of him a king. 11 And he said, This will be the manner of the king that shall reign over you: He will take your sons, and appoint them for himself, for his chariots, and to be his horsemen, and some shall run before his chariots. 12 And he will appoint him captains over thousands, and captains over fifties, and will set them to ear his ground, and to reap his harvest, and to make his instruments of war, and instruments of his chariots. 13 And he will take your daughters to be confectionaries, and to be cooks, and to be bakers. 14 And he will take your fields, and your vineyards, and your olive-yards, even the best of them, and give them to his servants. 15 And he will take the tenth of your seed, and of your vineyards, and give to his ●fficers, and to his servants. 16 And he will take your man-servants, and your maid-servants, and your goodliest young men, and your asses, and put them to his work. 17 He will take the tenth of your sheep, and ye shall be his servants. 18 And ye shall cry out in that day, because of your king which ye shall have chosen you; and the Lord will not hear you in that day. This Scripture here set down, doth not show that Magistrates, as Kings, or Parliaments, may take power of themselves to dispose of mens estates, liberties, persons, goods and labours as they please, as it seems the heathen kings about the Jews did. But it is to our purpose, and proves directly that Magistrates( whether they be Kings, or Parliaments, or any representative body of any people) may not take power to themselves, to dispose of particular mens estates, liberties, persons, goods and labour, as they themselves please: but as God will according to the rules of righteousness or justice set down in his Word. And that no people or nation may gi●● any such power to their Magistrates( whether they be Kings, Parliaments, or representative Bodies of any Nations) to dispose of their estates, liberties, persons, goods, nor labours, but as God will as aforesaid, is proved out of v. 7. from Gods dislike that the people would put themselves to be governed by such Kings that did rule over their people after that manner as aforesaid.  
And although the Parliament be the representative Body of this Kingdom, and so the orderly supreme Judicature of the Kingdom; we say order●y Judicature, because if all the Freeholders, & other Freemen of this Kingdom, could meet in an Assembly( to vote in making and repealing of Laws) without confusion and disorder, then there would be no need of choosing men to be Substitutes or Trustees for such a Judicature as the Parliament is: The power of making and judging of Law fit to be made for the good of the people, & the power of repealing Laws, being originally in the people; the which right the people do not( in all cases) dis-invest themselves of, by their election of Members for the Parliament. And therefore the Parliament hath a superior Judge: as 1. God: 2. the whole Kingdom, that choose the Parliament; as the Creator is above the creature; the cause above the effect, the Master above the servant. The Parliamentmen are but the Kingdoms Servants, and by the known Laws of the Land ought to receive the Kingdoms wages, and that is( as Mr. Tho: powel saith in his Book, called, The attorneys Academy) for every Knight of any Shire to have 13 s. 4 d. by the day; Burgesses, and Barons of the Cinque-ports 10 s. by the day: The Knights wages is to be levied by a Writ from the Parliament, directed to the sheriff of every County, and the sheriff or Under-sheriffe of the County ●s to make Proclamation in the next County Court, that every the Coroners, and chief Constables of the Peace, and bailiffs of the Hundred, and any others that will be there to asseasse the Knights wages upon every Town and Village in the County, Anno vicesimo sertio Henrici sexti, cap. 11. The Writ for the Barons of the Ports, is directed to the Wardens: The Writ for the Burgesses, is directed to the chief Magistrates of the City, or Town Corporate, for which they are Burgesses.  
And although that those Laws that the Parliaments have made, or shall make, be called the Laws of the Land, yet there are superior Laws by which their Laws are to be made: viz. by the Law of God and nature; and by these Laws mans laws ought to be made, because the Authority of God is in them; and all laws( though they be the Acts of Parliaments, or representative Bodies of any Kingdom) that are contrary to the equity and justice of the moral Law of God, and the law of Nature, or sound natural Reason, and confirmed( to be so) by experience gathered by Argument, and demonstration of sound Reason, drawn from the event of those things that those Laws command; such laws are no laws; and if forced, they are compulsions, laws of will, like the laws of the beasts, not of reason like the law of God or Man. We will instance in some few particular laws of this nature. As first, suppose the Parliament should make a Law that they might take away any particular mans houses and lands, that he hath had by descent from his natural parence, or by lawful purchase of any other men, and take it to themselves, or give it to another man whom they please; or if they should make a law that they might take away any particular mans movable goods, or labour, and give it unto another man whom they please, or create an estate of inheritance, arising out of any one, or many particular mens movable goods and labour, laid out and bestowed in their Trades that they have to live by, and gave every year what portion the Parliament please to another and his heirs for ever out of any particular Trades whatsoever, and so make all men of one Trade, and their heirs, slaves to some one man and his heirs for ever. This were contrary to the Parliaments own principles, which is, that they are to make Laws for the peoples weal in general; but this would be to make laws for one mans weal, and many mens wo. The people in choosing of Members for the Parliament, did never give away their right of judging of the lawfulness, or unlawfulness of such laws, nor give power to their Parliament to make any such laws that are without doubt unlawful, both by the law of God and Nature.  
This estate of inheritance( so called) of Impropriation of tithes, ariseth out of the Husbandmans stock or movable goods, that he lays out in his crop of corn every year, and out of all his whole yeers labour that he hath bestowed upon the land, in preparing it for the crop of corn; for the Impropriator takes the tenth of all the crop wherein the Husbandmans stock and yeers labour lies, although that the husbandmans stock increase never a penny; nay, although the Husbandman loose half his stock, yet the Impropriator takes the tenth of the remainder: And so all Husbandmen and their heirs are made slaves to the Impropriator and his heirs. Yea worse slaves, than the slaves were amongst the Jews, or the slaves that were sometime in this Kingdom; for then the Lord had but the labour of his slave, and for that he was to find his slave meat, drink, clothes, and lodging, fit for an human creature; But the Impropriator takes away the tenth of the Husbandmans stock and labour every year, and gives the husbandman no consideration for the tenth of his stock and labour.  
And in those Nations where the supreme Magistrate takes away mens goods, if they see any grow rich; the people in that respect are no more slaves then we are: for our goods are taken away every year from us, that we can neither grow rich, nor yet live comfortably; the tenth of our stock and yeers labour being taken from us yearly under the name of Tithes.  
Yea, never any machiavellian, or cruel State Politician( that holds that damnable principle, of keeping the people upon their knees, so low, that if they can but creep, it is no matter whether they can go:) could never have devised a more effectual way, and under a more specious show, to effect such a design to beguile the people of their goods and labour, then is this Law of Tithes, and the law of Confiscation, and Impropriation of Tithes.  
And if this Parliament should confi●cate and Impropriate all the Rectories or Parsonage-houses, and gleabe-land belonging to them, that are in the Clergies hands, and give or sell them unto some Lay-men, and hook in the Tithes with it as things belonging to the Rectory; as Abbey lands, and some Rectories or Parsonages with the Tithes belonging to them, were in Hen: 8. time in that Reformation, we shall work ourselves by our Reformation out of one slavery into another, and be as complete slaves as ever we were under Popish tyranny, and in less possibility to get out of our egyptian bondage then we were before.  
The third kind of right is a right of trust, that a steward or a servant hath in his Lords or Masters goods, or Feoffes in trust: And indeed such a right of trust the Parliament hath( in our lands, goods and labour) committed unto them( by those that choose them to be a Parliament) to dispose of part of particular mens houses, lands, goods and labour for the public good of the whole Kingdom, as in this or the like time of public danger of Enemies at home and abroad, as the Parliament have declared we were in of late. And in this case the Parliament have a right to grant Subsidies, and the like taxes for the good of the King and Kingdom, as Mr. Thomas Smith saith in his Common-wealth of England: And the Parliament hath a right to preserve the lives, goods, and liberties of the people, as all Trustees ought to do for the good of those that have committed their trust to them: And such a right we believe no reasonable man will deny the Parliament to have in our lands, goods, and labours.  
We are to look to Statutes or Acts of Parliaments no further then they stand with the rules of Justice and equity, contained in the moral Law of God and Nature, or sound natural reason, and that for four Reasons.  
First, because the moral Law of God, and the law of Nature or sound natural Reason, are the rules( as aforesaid) by which all Acts or Statutes of Parliament are to be made.  
Secondly, because the people that choose the Members of the Parliament, did intend that they should make such Laws that should be agreeable to those Laws aforesaid for every honest mans weal, and not for their wo.  
Thirdly, because Acts of Parliaments are Acts of men, not Oracles from Heaven. A Parliament, as well as a council, may be lead by wrong principles, and so err, and make Laws, Acts, or Statutes that are unjust.  
Fourthly, Acts of Parliaments are not like the Laws of the Medes and Persians that never alter; the same Power that made such an Act can repeal it again; and the Parliament is bound to do it. For if the King have no negative voice in passing Bills of common equity end justice, as Mr. Prinne hath proved in his sovereign power of Parliament, the second part, pag. 73, 74 so neither hath the Parliament any negative power in not repealing of such Laws as the people find by experience to be burdensome unto them: for the Parliament hath no other kind of power over the people then the King hath, namely, but to Act for the peoples good, and not for their hurt; for the peoples weal, and not for their wo: and if the Parliament should refuse to repeal old laws and customs, that the people find by experience, and can prove by argument and demonstration of sound reason that they are oppression, then the Parliament should Act for the peoples hurt, and not for their good; yea it were directly against the Law of God, if the Parliament should refuse to repeal such old laws and customs that are found to be oppression as aforesaid. And it is one principal or the chief end of calling of a Parliament, to repeal old Laws that are found to be burdensome, and oppression to the generality of the people; and to make others that are more just and equal. And we could bring many Statutes for instances, to prove that it hath been the continual practise of Parliaments to take away old customs that have been found by experience to be burdensome to the people, but one or two shall serve at this time. First, by a Statute made in 21 H. 8. the custom of taking the best live goods that a man had for a Mortuary or corpse present, was taken away, and brought to a certain sum of money, according to the quantity of goods that a man had; and if the goods did not amount unto a certain sum of money set down in that Statute, then there was no Mortuary to be payed. And this Parliament have put down the function of Bishops, with all their exorbitant Courts, and other exorbitant Courts, established by Law, as the High Commission, and the Star-Chamber; and they have put down the Court of Wards, with all tenor in capite.  
And as the Parliament is not to continue any old Laws or Statutes that are found to be burdensome to the people; So neither are the people to observe those Laws that they find by experience, to be burdensome unto them, after they have a Parliament sitting: But are bound both by the Law of God and Nature, to use all lawful means either by Petition, or by preferring a Bill to their parliament, requiring them to repeal such Laws, and custom that they find to be burdensome, as aforesaid.  
And therefore if any men have so built their faith upon Acts of Parliament without any consideration, whether those Statutes o● Acts of Parliament are agreeable unto the justice of the moral Law of God, and the law of Nature: and have bought such an estate as the Parliament had no right to create( out of the movable goods and labour of other men) neither by the Law of God or Nature, nor trust reposed in them by those that choose them: Those men must be content to sit down by the losses as other men do, which buy lands and other goods of those that have no right to sell them, and learn to be wiser next time.  
And because that every Statute Law or Act of Parliament doth or should contain in it, a reason why such Statute Law or Act of Parliament is just and necessary: for Statute Laws, or Acts of Parliament ought to be constituted by Argument and Demonstration of sound Reason, proving wherefore it is necessary and just, that there should be such a Law, Statute or Act: we have here set down the preambles of the Statutes made in the 27. and 32. of Hen: 8. and in the Statute of 2 Edw: 6. for the Impropriation of Tithes; because the preambles of those Statutes contain in them all the reason of the said Statutes; that so the judicious and diligent Reader may perceive, by what principles those Parliaments were lead, and what strong Arguments and sound Reasons those Parliaments had to create this estate of inheritance of Impropriation of Tithes, arising out of the Husbandmans stock and labour, that he lays out in his crop of corn every year in his Trade of husbandry, and giving it to men called Impropriators: And also we have set down all the choice matter contain in those Statutes for the information of those men that have not the Statutes by them.  

The Statute.  
Anno 27. H. 8. the preamble run● th●●.  
Forasmuch as many evil disposed persons have attempted to with hold their Tithes as well prediall as personal, due unto Almighty God, and Holy Church, and have also contemned and disobeyed the process and Decrees of the ecclesiastical Courts of this Re●lm: Be it ●●acted, &c. that every of the Subjects of this Realm, according to the ecclesiastical Laws of this Church of England, and after the laudable acknowledge and custom of the Parish where he dwelleth, or occupieth, shall pay his Tithes-offering, and other duties of Holy Church; and that for such substraction of any of the said Tithes-offerings, or other duties, the person, Vicar, Curate, or other party in that behalf grieved, may by due process of the Kings ecclesiastical Laws of the Church of England, convent the person, or persons, so offending, before his Ordinary, &c. At the latter end of this Statute it is provided and Enacted, that this Act for recovering of Tithes, day any thing therein contained shall take force or effect, but until such time i● the King and the 32 persons which His Highnesse shall appoint for the making of such ecclesiastical Laws as His Highnesse shall affi●● and ratify, to be called, The ecclesiastical Laws of the Church of England● and after the said Laws so ratified by the Kings 〈◇〉( 〈◇〉 the Broad Seal of England, as by a Statute made in the ●● ye●r of the said King H. 8. it was appointed) as aforesaid, that th●● the said Tithes to be payed to every ecclesiastical person, and not otherwise.   

The Statute  
Anno. 32. of H. 8. the preamble is as followeth.  
Whereas many persons inhabiting in many Counties and places of this Realm, and other the Kings Dominions, not regarding their duties to Almighty God, and to the King our sovereign Lord; but in few yeers past more contemptuously presuming to offend, and infringe the good and wholesome Laws of this Realm, and gracious commands of our said sovereign Lord, then in times past hath been seen or known, have not l●●●ed to subtract and withdraw the lawful accustomend Tithes of corn, hay, &c. commonly due ●o the owners, Impropriators, and possessors of the Parsonages, and other ecclesiastical places of, And within the said Realm and Dominion; And being the more encouraged thereunto, for that divers of the Kings Subjects being Lay persons, having Parsonages, Vicarages, and Tithes to them and to their heirs, or to them and to their heirs lawfully begotten; or for term of life, or yeers, cannot by the order and course of the ecclesiastical Law of this Realm sue in any ecclesiastical Court, for the wrongful with-holding and detaining of the said Tithes, or other duties; nor cannot, by the order and course of the Common Law of this Realm, have any due remedy against any person, or persons, their heirs or assigns, that wrongfully detain or with-hold the same, &c. Wherefore it is ordained, and enacted, &c. that all, and singular persons of this Realm, &c. of what degree or condition soever he or they be, shall fully, truly, and effectually divide, and set our, yield, and pay all, and singular the tithes and offerings aforesaid, according to the lawful customs of the Parish and places, where such Tithes or duties shall grow, arise, come, or be due. And in case it shall happen any person, or persons, of his, or their ungodly and perverse will, and mind, to detain, or with-hold any of the said Tithes, or offerings, or part, or parcel; Then the person, or party being ecclesiastical or Lay person, having cause to demand, or have the said tithes or offerings, being thereby wronged or grieved, shall, and may convent the person, or persons, before the Ordinary his Commissary, or other competent Minister, or lawful Judge of the place, where such wrong shall be done, according to the ecclesiastical Laws; And in every such like case of matter or svit, the same Ordinary, Commissary, or other competent Minister, or lawful Judge; having the parties or their lawful procurators before him, or them, shall, or may, by virtue of this Act, proceed to the hearing and determination of every such case or matter, ordinarily, or summarily, according to the course and process of the said ecclesiastical Laws, and thereupon may give sentence accordingly.  
And it is Enacted in this Statute, that if in any case that any man be diseised of the Impropriation that he hath, or put out of it by any man; that then in this case he that is diseised shall sue in the Temporal Courts for the recovering of his Impropriation.  
And it is provided in this Statute, that this last Act shall not extend, or be expounded to give any remedy, cause of Action, or svit in any Courts temporal, against any person, or persons that shall deny or refuse to set out his or their Tithes; or which shall detain, with hold, or refuse to pay his Tithes, or offerings, or any part thereof; but in every such case the party, or person being ecclesiastical or Lay person, having cause to demand, or have the said Tithes, or offerings, and being thereby wronged or grieved, shall have, and take the remedy for their said Tithes or offerings in every such case, in the spiritual Courts according to the Ordinance in the first part of this Act mentioned, and not otherwise, any thing herein expressed to the contrary thereof notwithstanding, Anno 32. H. 8. ca. 7.   

The Statute  
Anno 2. Ed: 6.  
After a little preamble of reciting the Statutes made in the 27. and 32. of H. 8. for the paying of Tithes, the Statute runs thus. Be it ordained, and enacted by the King, &c. that every Article and branch contained in the Statutes made in the 27. and 32. yeers of H. 8. shall abide, and stand in their full strength and virtue.  
But also be it further enacted by the Authority of this present Parliament, that every of the Kings Subjects shall from henceforth truly, and justly, without fraud or guil, divide, set out, yield, and pay all manner of their prediall Tithes, in their proper kind, as they arise and happen, in such manner and form, as hath been of right yielded and payed within forty yeers before the making of this Act, or of right or custom ought to be payed. And that no person shall from henceforth take, or carry away any such or like tithes, which have been yielded or payed within the said forty yeers, or of right ought to have been payed, in the place, or places titheable of the same, before he hath justly divided, or set forth for the tithe, the tenth part of the same, or otherwise agreed for the same Tithes, with the person, Vicar, or other owner, Propriatory, or Farmer of the same Tithe, under the pain of forfeiture of triple value of the Tithes so taken, or carried away.  
And be it also Enacted by the Authority aforesaid, that at all times whensoever, and as often as the said prediall Tithes shall be due at the tithing time of the same, it to be lawful to every party, to whom any of the said Tithes ought to be payed, or his Deputy, or servant, to view and see their said Tithes to be justly and truly set forth, and severed from the nine parts, and the same quietly to take and carry away. And if any person carry away his corn, or hay, or his other prediall Tithes, before the Tithe thereof be set forth, or willingly withdraw his Tithes of the same, or of such other things whereof prediall Tithes ought to be payed; or do stop, or let the person, Vicar, Propriatory, owner, or other their deputies, or Farmers, to view, take, and carry away their tithes as abovesaid; by reason whereof, the said Tithe or tenth be lost, impaired, or hurt: that then upon due proof thereof made before the spiritual Judge, or any other Judge to whom ●eretofore he might have made complaint; the party so carrying away, withdrawing, letting, or stoping, shall pay the double value of the tenth or tithe so taken, lost, withdrawn, or carried away, over and besides the costs, charges, and expenses of the svit in the same: The same to be recovered before the ecclesiastical Judge, according to the Kings ecclesiastical Laws.  
Provided always, and be it Enacted by the Authority aforesaid, that all such barren heath, or waste ground other than such as be discharged for the payment of tithes by Act of Parliament, which before this time have lain barren, and payed no tithes, by reason of the same barrenness; and now be, or shall hereafter be improved, and converted into arable ground or meadow, shall from henceforth, after the end and term of seven yeers next after such improvement fully ended and determined, pay tithe of the corn and hay growing upon the same: any thing in this Act to the contrary notwithstanding.  
And be it also further Enacted by the Authority aforesaid, That every person exercising merchandies, bargaining, and selling, clothing, handicraft, or other Art or Faculty, being such kind of persons, and in such places, as heretofore within these forty yeers have accustomably used to pay such personal tithes, or of right ought to pay( other then such have been common day-labourers) shall yearly at, or before the Feast of Easter, pay for his personal Tithes the tenth part of his clear gain, his charges, and expenses, according to his estate, condition, or degree, to be therein abated, allowed, and deducted.  
Provided always, and be it Enacted, that in such places where handicraftmen have used to pay their tithes within these forty yeers, the same custom of payment of Tithes to be observed, and continued; any thing in this Act to the contrary notwithstanding. And these personal Tithes are to be sued for in the ecclesiastical Courts by the aforesaid Statute.   

From these Statutes, the Reader may collect these Observations.  
FIrst, that the customs that we pay our Tithes by are Popish customs; such as were in use in the time of Popery forty yeers before these Statutes were made: yea, such customs as were settled by the Popes Legates in provincial and Synodiall Constitutions. And that these customs of paying Tithes were thought to be burdensome to the people, as it appears by the Statute of 25 H. 8. for correcting of the Cannon Law; and by the Statute made in the 27 of H. 8. for paying Tithes.  
Secondly, that it was intended that those customs should be examined, and tried by 32. persons that King Hen: 8. should appoint, for the correcting of the Cannon Laws, and customs of Tithes. And that then Tithes should be payed unto every ecclesiastical person, and others, according to those ecclesiastical Laws, ratified by the Kings consent under the Broad Seal of England, and not otherwise. And to this purpose there were four several Statutes made.  
The first in the 25 of H. 8. cap. 19. Because that divers Constitutions, Ordinances, and Cannons provincial, and synodal, which heretofore have been made, and be thought not onely to be much prejudicial to the Kings Prerogative royal, and repugnant to the Laws and Statutes of this Realm, but overmuch onerous to His Highnesse, and his Subjects: The said clergy have most humbly besought the Kings Highnesse, that the said Constitutions and Cannons may be committed to the Examination and Judgement of His Highnesse, and, 32 persons of the Kings Subjects; whereof 16 to be of the Upper and Lower Houses of Parliament of the temporalty; and the other 16 to be of the clergy of this Realm, &c.  
And forasmuch as such Cannons, and Constitutions, and Ordinances as heretofore have been made by the clergy, cannot now at the Sessions of this present Parliament by reason of the shortness of time, be viewed, examined, and determined by the Kings Highnesse, and the 32 persons to be chosen and appointed, according to the said Clergy in form above rehearsed.  
Be it therefore Enacted by authority aforesaid, That the Kings Highnesse shall have Power and Authority, to nominate and assign at his pleasure the said 32 persons, &c. And it was further Enacted by this Statute, that the Cannons and Constitutions that the 3● persons should make, should be ratified by the Kings consent, and confirmed under the Broad Seal of England. And the Tithes should be payed according to those Laws so ratified, and confirmed under the Great Seal, and not otherwise. Anno 27. H. 8. as aforesaid.  
The second was made Anno 27 of H. 8. cap. 15. And by this Statute it was Enacted, that the King should nominate the 32 persons to correct the Constitutions as aforesaid.  
The third was made, Anno 35 of H. 8. ca. 16. By this Statute the King might nominate the 32 persons any time during his life.  
The fourth was made, Anno 3. of Edw: 6. ca. 11. And by th● Statute the King might nominate the 32 persons at any time within three yeers.  
Here the Reader may observe, that this last Statute was made the next year after the Statute of triple Damage was made: And by this it appears, that the Parliament in the 2 of Edw: 6. did intend that tithes should be payed according to those ecclesiastical Laws that should be agreed upon by the 32 persons with the Kings consent, ratified under the Broad Seal of England: For it is Enacted in the beginning of the Statute of Edw: 6. that every Article and branch of the Statutes made in the 27. and 32. of H. 8. for the true payment of Tithes should remain and continue in their full strength and virtue. And it was one Article & branch of the Statute of the 27. of H. 8. for the true payment of Tithes, that Tithes should be payed according to the ecclesiastical Laws agreed upon by the 32 persons, and ratified and confirmed by the Kings consent under the Broad Seal of England.  
These four Acts,( for correcting of the Cannons, Constitutions, and Ordinances, provincial and synodal) were repealed by a Statute made Anno 1 and 2 of Philip and Mary.  
Answ. But the Act made in the 25. of H. 8. was confirmed by a Statute made Anno 1 of Eliz: cap. 1. By the renewing of this Act of 25 of H. 8. it doth plainly appear, that the Parliament of the 1 of Queen Eliz. did intend that the custom of Tithes should be examined, and taken away, if they were found burdensome to the people.  
These customs by which we pay tithes, were never examined by any such 32 persons, nor confirmed by the Kings consent, under the Broad Seal of England, as by the aforesaid Statutes it was appointed. And therefore our Ministers and Impropriators have no right to that part of our goods that is taken from us under the name of Tithes, neither by any good Law, or laudable custom of the Land.  
Thirdly, the Reader may observe, that Tithes are acknowledged in the Statute made in the 27 of H. 8. to be due unto Almighty God, and holy Church. If Tithes be Almighty Gods due, and holy Churches, when did God give away his right, and holy Churches right unto Tithes? In what Prophets time, either by revelation, vision, or dream is not set down in any of the Statutes for Impropriation of Tithes: But under the name of a duty to Almighty God, there is twisted in, and conveyed an estate of inheritance( of the tenth of the Husbandmans proper Stock of movable goods and yeers labour, every year under the name of Tithes) unto Lay-men and their heirs lawfully begotten, or for term of life or yeers. The Statute made in the 32 of H. 8. for Impropriation of Tithes, saith, that Lay-men have right to tithes; but it doth not prove, by what Just-Title, either Divine, natural, or Civill. It is such a right, that the Statute confesseth, that Lay-men cannot recover Tithes by the ecclesiastical Law, nor by the order and course of the Common Law, have any remedy against any that would not pay them Tithes: which is as much as if the Statute had said in plain terms, That the Impropriators have no right unto Tithes, neither by any Law of God or man: For if they had had any right to Tithes, the●e would have been( before that time) some remedies for Lay-men to have recovered Tithes, either by the ecclesiastical Law, or by the order and course of the Common Law. Here is the right that the Impropriators have to their Inheritance of Impropriation of Tithes, patched up out of poor mens labours.  
The Reader may observe, that the makers of the Statute of 2 Edw: 6. had some reason with them; for they Enacted, if any man did, or should hereafter improve any barren or waste ground, that had yielded no Tithes before that time, then the land should be Tithe-free for seven yeers; To the end, as it seems, that the Improver should have his charge that he was at in the improving of the land: But they never considered, that at the end of seven yeers, there was( by their own principles) as good reason, that that land should be tithe-free, as before: for all land by the often ploughing and sowing of it becomes barren, and is made like the ground that the Scripture saith, the Reaper filleth not his hand, nor the hinder his bosom; But is like the horseleeches two daughters, that cry, Give, give, and are never satisfied; but must be maintained with as great change and labour as it was improved.  
There is scarce any ground in this Kingdom( except it be here and there a vein of ground by some grea● River side, or here and there a spot of ground in some other places) that will hear any more corn then is forced upon it by Art with charge, and the reasonableness of the year concurring with it; which if the year prove not seasonable according to the nature of the land, and the nature of the dressing or dung that the Husbandman bestow● upon the land, he may not have half his charge again that he bestowed upon the crop; and so shall be a great loser, although he pay no Tithes out of the crop.  
Fifthly, the Reader may perceive that the Parliament in the 27. and 32. of H. 8. and in the 2 Edw: 6. did look upon Tithes as a thing that there might be some laudable or lawful custom found out for them, by the 32 persons, to be the ecclesiastical Law of tithes: And that then when the 32 persons had found it out, and ratified it by the Kings consent, under the Broad Seal of England, then they look upon that part of mens goods, and labour, that those persons( called Religious) took of men under the name of tithes, as if it were like some Treasure Trove, or a swarm of Bees, or some mine of gold or silver, newly found in mens ground that no man could claim any right unto, but that the Lord of the Mannour, or the King and Parliament might dispose of at their pleasure.  
But herein those Kings and Parliaments were lead by wrong principles, and so greatly deceived: for how the Husbandman in his Trade of Husbandry, in laying out his stock or treasure, in his crop of corn to maintain himself and family, in his lawful Trade of Husbandry, should by this means( by any Law of God or Nature) loose his property and right in the tenth part of h●s stock, and yeers labour, so laid out every year in his crop of corn as aforesaid: As that the King a●d Parliament may dispose of it at their pleasure, and give it to what particular man they please( or to the Ministers) although that the husbandman wants it himself, is a mystery, or riddle, as yet is not known, nor unfolded.  
But if those Kings and Parliaments had but looked with a single eye upon that part of Husbandmens goods and labour, that then was, and now is, taken from them under the name of tithes, and tried them by Argument and Demonstration of sound Reason, and the Rules of equity and Justice contained in Gods Word, they should have found Tithes to be of another nature then they thought them to be at the first: they would have found that part of Husbandmens goods and labour, that then was, and now is taken from them under the name of Tithes, to be every particular Husbandmans proper goods by a Civill and natural right, that neither Kings nor Parliaments can take from them, nor any particular man by their appointment, without giving to every particular Hus●●ndman a consideration for it( of equal value) every year when he takes it from him, if he will have it; ot else he sins again the sixth and eight Commandment of the moral Law of God, and against the law of Nature.  
Yea, our Law condemns poor men, and punishes them with capital punishments, for less sins before God, by many degrees, then is the taking away the tenth of the Husbandmans stock, and yeers labour every year, under the name of Impropriation of Tithes: For our Law punishes poor men, for taking a lamb though( not worth ten groats) for extremity of hunger, many times to preserve their natural lives: And rich men that abound in superfluity of worldly wealth, by an old corrupt custom, under a pretence of right, take ten pounds( and more) in a year of poor mens Stocks, that many times is borrowed to set themselves on work in their Calling, to keep themselves from begging or stealing; and so by that means of taking away of the tenth of poor mens stocks every year under the name of Impropriation of Tithes, many poor men are brought to beg or steal, that otherwise would live honestly in their Calling, and help other men that want.  
Sixthly, the Reader may perceive, and likewise affirmatively conclude, that there is not one word in these Statutes that gives any power unto temporal Judges to hold Plea for Tithes in their temporal Courts; nor yet one sentence nor word for Lay men to be upon Juries in temporal Courts, to try Suits for Tithes, by the order and course of the Common Law.  
And this shall serve at this time for the Husbandmens Plea against Tithes; And our Answers to the Objections made by some Ministers, and Impropriators: Submitting ourselves to more solid Reasons, or Arguments, if given, or produced by our adverse parties.  
IF Tithes be taken away, how, or which way can there be a competent maintenance raised and settled, for to maintain the Ministers of this Kingdom?  
IF a settled or certain maintenance for the Ministers of the Gospel, may stand with the honour of Christ Jesus, he having appointed no certain quanti●● or set portion, for the Ministers maintenance in the time of the Gospel: Then there may be a certain maintenance raised, and settled this way. Suppose there be 10000. Parishes in England and Wales, there are houses( in every Parish) that are called either the Parsonage, or Vicarage House, that may serve the Ministers to dwell in: And 100 li. per annum, to be payed unto every Minister, with a house to dwell in Rent-free, will be as good as a Parsonage of 140 li. in Tithes, by reaso● of keeping of Servants to gather in the Tithes, and the charge of keeping of Horse, and harness, and preparing of Carts, and other charges to bring his Corn into the Barn; and the charge of threshing of the corn, and carrying of it unto the Market to sell it: Now 100 li. per annum for every man of the ministry for the 10000. Parishes in this Kingdom, being reckoned after this manner, viz. for 10. Ministers 1000 li. for 100 Ministers ten thousand pound; for 1000 Ministers one hundred thousand pound, and for 10000 Ministers it doth amount( at 100 l. a piece) unto ten hundred thousand pounds.  
And to raise this sum of ten hundred thousand pound, there is a rule already laid down, namely, the Act of Parliament made in the 17. year of this King, for the raising of four hundred thousand pound for the necessary defence, &c. And to raise that four hundred thousand pound, there is a certain sum of money laid upon every County, as it appears by that Act: and it is but doubling of that four hundred thousand pound( upon every County) and that makes eight hundred thousand pound; and one half of the aforesaid four hundred thousand pound being added unto it, makes ten hundred thousand pound, which is 100 li. apiece for 10000 Ministers. And these sums of money so raised, may be payed unto some Treasurers appointed for that purpose in every County, and so to the Ministers of the same County: But it may be a less sum may serve; for if there were a true account taken of every Parsonage, what glibe-land belongs unto it, there will be some Parsonages found in this Kingdom that have as much glib●-land belonging unto them that is worth 100 li. or 120 li. per annum, which may serve for the Ministers maintenance in those places: and there is glibe-land in many other Parishes that is worth 20. 30. 40. or 50 li. per annum, and that may be made up 100 li. per annum for the Ministers in those places; and then there are many Parishes so small that they may be joined with another Parish next unto them, and in some places two or three little Parishes put together.  
This tax is the equalest of all the taxes, that ever the Parliament laid upon the people in this Kingdom: For by that Statute it is Enacted, that every man shall pay according to his ability, the Land-lord pays for his land according to his rent, and the Tenant for his Stock, and every Tradesman for his Stock, and others that have Stock of money; and this way every man that hath, or may have benefit by the ministry, shall bear an equal share of the burden of charge for the ministry.  
But there is a Tradition anciently received in the Church, that when Constantine first began to endow the Church with a set maintenance of lands and possessions, a voice was heard from heaven, saying, hody venenum Ecclesiae est immissum: that is, This day is poison powred in to the Church: And indeed then men began to run mad in ignorant devotion, and thinking that true piety stood in works of that nature, and made themselves slaves to their Priest( then called the Church) by giving away not onely their lands, but their goods, and labour under the name of Tithes. And then men of evil and corrupt minds entred into the ministry that were not fitted nor qualified with gifts and graces for that calling: Nor ever minding the glory of God, nor the good of the people, but looked at their own self ends to make themselves great among the people, and to live in pomp and ease upon the peoples labour. And so after there was a set maintenance for the Ministers of Lands and Tithes, then many men made the ministry, yea and Religion itself, to be but a politic engine to accomplish their worldly desires; professing the calling of the ministry, yea and Religion too, to a scope and end of their own, as aforesaid: the glory of God, and the peoples edification coming in but by the by, now and then by fits as they can attend it, or as the pulse of the State beats, sometimes( to save their Livings) turning from one Religion to another, and again to the former; and teaching the people to know no more then the State will have them know; and teaching the people to dishonour God if the State command them: witness our Ministers reading the Book of Liberty upon the Lords Day, and the sad experience of the Ministers turning from one Religion to another in King Edw: 6. and Queen Maries dayes, and Queen Elizabeths dayes: And it is to be feared, if there be a settled maintenance it will produce the same effect as before. But in this particular we submit our judgements unto the Judgement of the Parliament.   

These Names hereto annexed, are in behalf of themselves, and their Fellow-Petitioners, which were in number about five thousand. See the two Petitions at the beginning of the Book.  

RObert Edlin  
William soul  
Robert Pitkin  
Thomas Nash  
Roger Nash  
Thomas Suell  
Joshua Halsey  
Thomas gold  
Thomas downs  
Thomas clerk  
Francis How  
William Sanders  
John Humphrey  
Ralph Trumper  
Joseph Bovenden  
James Harding  
John Harding  
Richard Child  
Henry Ball  
Richard Norwood  
John Monk  
William Grasingham  
John Hawse  
William Babbe  
Giles Child  
John Hill  
William Beale  
jeremy Hill  
William Knight  
William Wells  
Thomas Gate  
James Grover  
John Halsey  
Josias Rutland  
John How  
Thomas Berchmore  
William Lalsey  
John brown  
Nathaniel Humphrey  
John Gibson  
Thomas Dover  
Uhomas Ivor  
William Hill  
Thomas Goodson  
John How  
Jerem Weston  
Edward Halsey  
Francis Knight  
John Rose  
Robert Blackett  
William Hamm●nd  
Thomas Heyward  
John Paice  
Matthew Harding  
Anthony Story  
Samuel Ashon  
Joseph Halsey  
Hugh Smith  
Henry Perger  
Richard Young  
John Garret  
Peter Medwes signior  
John Foster  
John Hill  
Thomas Peppitt  
John Knight  
Walter Warri●  
John Rutland  
George Rose signior  
Edmond Sybley  
Robert Smith jun.  
John Belfeild  
Edward Rose  
William Halsey  
George Rose  
John Wheelar  
Robert Halsey  
John leper  
Richard parrot  
Foster walls  
Edward Nowell  
Edward Chandler  
Thomas Leaperd  
Thomas Halsey  
John Halsey  
Thomas Robins  
Peter Medwes jun.  
Thomas Wight  
Faustene Knight  
Thomas Halsey sen.  
Robert Smith sen.  
John Beech  
Henry Adeane  
James Rolfe  
Timothy Weeden  
Nathaniel Picket.      

Errata  
IN the Preface the last line but one, for any red not. p. 3. l. 29. for name r. main. p. 13. l. 23. for mental r. mutual. p. 14. l. 10. r. work p. 15. l. 4. after priesthood, add, of Priest in order and degree one above another. p. 21. l. 23. for way r. were p. 28. l. 21. put out 100● l. 22. r. 80 li. is ●ayed out, &c. p. 35. l. 24. for beasts r. milk beasts. p. 39. l. 7. for 22. r. 23. p. 48. l. 35. for providing r. providence. p. 49. 28, 32, 36. for store r. stufer. p. 50. l. 4. and 24. for store r. stufer. p. 52. l. 4. for have r. having. p. 55. l. 28. for tithes r. titles. p. 64. l. 4. for prein r. privy. p. 80. l. 16. after the word Throne, add, of ecclesiastical power that the Pope had usurped over the Kings and people of this Nation to their prejudice, as appears in the Statute of 25. H. 8. for the submission of the clergy. p. 81. l. 11. for judge. 27. r. 2 Kin. 23. 14. p. 85. l. 28. after labours, r. as to dispose of th●● p. 86. l. 13. for interest r. nearest. p. 92. l. 19. for Mr. r. Sir. p. 93. l. 3● add, that have been found by experience to be burdensome t● the Nobility, and Gentry, and other rich men of this Kingdom.  
FINIS.