Respublica de decimis. Written by Sir VVilliam Cockburne of Langtoun Knight

THE MIND OF THE KING MY HEAD .

OVr gratious Soueraigne aimes nowise to prejudge any mans right , nor to vrge any man further than what hee is tyed vnto by Law : But only out of his princely care , of my benefite intends a reformation of all abuses , and first of Tithes ; which is vnderstood to bee threefold .

First , the abuse of their dedication by him who only is proprietar therof , God , The tithes are mine , and I haue giuen them to the Leuite , whereby is easily perceiued that the Pastors and Instructers in true knowledge , and the worship of God , are [ ante omnia ] to bee sustained , entertained and maintained , euery man in his place or degree of imployment , by whom the Church is builded , and euery particular person is formed a liuing stone for raising thereof , the chiefe corner remaining , Christ .

Secondly , of vplifting the same , whereby the fruites of the ground are subject to many inconvenients , partly by the sloath , and partly by the malice of Tith-possessours the one beeing carelesse to separate the same from the stocke in due time , and the other maliciously refusing to doe it in due time ; wherby the stock in these cold and Northerne partes are subject to the hazard of many inconvenients , by tempestuous weather : As also comming to Tithe , they bring with them such a confluence of men and beasts , like locustes ouershadowing the face of the Earth , running through euery corne field , that the poore labourer of the ground is not able to see the destruction of his fruites , his body not beeing vbiquiter , and therfore cannot tell of what to complaine .

Thirdly , by vsurpation vnder the cullour of tithing to intromet with the stock , or a great part thereof , against all reason , law of God , and man : And for reformation of these abuses , Willes that the parties justly grieued , giue in their best ouertures unto your LL. of whose duetiefull care his Majestie rests sufficientlie assured .

THE MINDE OF THE CHVRCH MY HEART .

THE Church is heerewith well pleased , for howbeit it bee without contraversie , that the Tith is the Lords , and by him giuen to the Levite : and therefore may not vnjustly bee acclaimed by the Pastours , successours to their function , hauing the charge of Gods Tabernacle . Yet considering that their office is not naturally hereditarie , but by grace and election . And therefore their present maintainance is only to be desired ; since their naturall successours ( as they are their naturall successours ) haue no right to their spirituall possessions : as the Levites , whose children were Levites , whereby all the Church goodes were euer possessed by Church-men .

Againe , considering that they are not restrained from purchasing possessions amongst their brethren the Laicks , as the Leuites might not inherite nor possesse any possessions among the other Tribes , whereby the superabundance of goods , if any they had ; of necessitie behoved flow backe to their brethren the Laicks from whence it sprang : otherwise their commodities beeing great , and their labour easie in purchasing the same , they might happily haue conquered all their brethrens possessions , and so twelue Tribes should bee reduced in one : And therfore since they are not thus restrained , they desire no more but a competent allowance according to his Majesties royall intention aboue specified .

As also , they are content that the superplus bee in his Majesties Power to bee employed for the publicke benefite of the Kirke and common-wealth , and for recompensing in some sort of such particular persons as his Majestie out of his royall disposition shall thinke himselfe in conscience tyed to considder , in respect of the forme of their acquiring of possession of Tythes , howsoeuer the right cannot stand in Law . But first of all they desire your LL. consider , how nothing is more necessare for instruction in Knowledge , and the worship of God , than the knowledge of letters , the first medium whereby a man , or rather the Jmage of God potentiall , is reduced in act . And therefore it is very requisite that every man bee instructed in his youth in the first degree thereof , which is reading , whereby hee is not onlie able to see the ground of all their doctrine [ the Scriptures ] whereof they are the explicators , but even to see them , and all explicatours thereof , in their best show from the beginning : and so may become a noble Berean deseruing preferment before the Thessalonian .

For this purpose it is very necessarie , that no Paroche bee without a reader and instructer in reading ; the principall entrance to true vnderstanding . The next degrie of letters , is the vnderstanding of subtilities and schoole questions , whereby the deepe of Theologie and Philosophy may bee dived into . This is not so necessare to bee commonly instructed in euery Paroch , Yet it is very necessarie it be sufficiently instructed within this Kingdome , wherby the enemies of Gods flock may finde to their feare not only barking but byting Dogs keeping the Folds . For this purpose it is necessare that Colledges or seminaries bee erected and provyded for , in some the most eminent parts of the Kingdome .

Thus for the generall overtures at this time when your LL. shall think good to put the same in practise , J shall more particularly giue ouertures [ de modo . ]

THE MINDE OF THE BARRONS MY BODY .

THE Barrons with all humilitie would beg this reformation , and craues no other favour . For howbeit the heeretofore vnjust imployment of tithes , may not vnjustly furnish them a ground to protest against all payment of tyths , and desire a libertie to contribute among themselues for the entertainment of their instructers : yet their hearts can neuer harbour such a thought , when once they remember . First , how forcible nature forces from vs that duetie . For who is so beastly minded or so sensually addicted , to the only care of his sensible part that will not bee content to count with himselfe till hee can count no further , and of all that count pay but one for the nourishment of his Soule ? Now who is able to reckon aboue ten ? Who then shall bee so beastly as to refuse one of ten , except hee bee idem with the beast ? what is more to bee said heereanent , J referre to the more learned Pithagorean .

Secondly , when they considder the antiquitie of this duetie which Cain and Abel are thought by some to haue payed by their offerings : but it is specially expressed they were payed in the days of Abraham , where the authorities both of the giuer and receauer is notable , viz. the first Father of the faithfull is the giuer , the receaver wherof is the Priest of the most hie God , without Father , without Mother , without kinred hauing neither beginning of dayes , nor end of time ; not that he was without them all in respect of nature : but in respect of his supernaturall internall separation from all thinges carnall and temporarie to teache moste high Mysteries for accomplishing the will of God , wherein was his only confidence , delyte and solace : and so the doers thereof his only kinred , and therefore is likened to the sonne of God , who professed the doers of Gods will to bee his Mother , Brother , and Sister , hee also is called King of rightwysnesse ; and after , his dwelling Citie is said to be Salem , which is peace ; for true wisedome is euer King of peace . But thirdly and most of all , when wee remember his divine majestie , by whom they are acclaimed , who ( as a type of that eternall Priesthood , wherevnto the true Melch●sedecke was internally separate ) did externally separate the Levite , to whom they were giuen for their entertainment alanerly . Or what was more , to bee eaten by the stranger the Fatherles or the Widow : and on no wayes to bee imployed for their further enriching than present necessitie .

Those things considered , they euen feare to think of witholding the same , like as J thinke euery man should tremble to intromet with the same , or intrometting therwith , should dare to employ it for any private vse , to enriching his Children , or acquyring new possessions : but I leaue every man to his own conscience ; for they ( being conscious to themselues , that the Tithes belongs not to them ) will none of them , howsoever they bee used . And therefore I will onely proceede to their ouertures for reforming these abuses noted by our most gratious Soveraigne . Of these abuses concerning them in particular , the first is by the sloath and malice of the Tithe possessours , and by the vnnecessare confluence of men and beastes , the time of Tithing .

The first part of this abuse is in some sort already prouided for , by that statute . 22. Parliament 28 June . 1617. Act 9. But if your LL. think it better that the Tiths be valued , and according to their valuation , euery Heretour to pay for his owne Tith , J shall be glad to haue it aggried vpon . The second part of ●●is abuse is easily helped , the vnformall form of tything being reformed . For it carrys no reason that the Tith possessour , should ( with the Tith corne ; ) carry away also the strae , which belongs nothing vnto them : for it is no encresse to the owner , since it is ordained to rott vpon the ground for maintaining the same in the owne strength : and is only taken from the ground of necessitie , for better collecting the cornes : wherefrom beeing once separate it is againe sent vnto the ground , which is therby the better enabled to yeild her encrease ; wherof the benefite redounds aswell to the Tithe as to the stock , and so no man is loser . But if some object ; the straw is vsed for fodder and entertainment of beasts in this Country . J answere , in that same respect it ought to bee free of Tithe , because it is the foode of the labourer for it feedes the beastes that tille the ground : and there can bee neither law nor reason why either the hyre or food of the labourer should pay tith : especially these by whose labour the tith it selfe is encreased . Neither haue I heereby any designe to stay the tithe possessour from leading his tithe in the sheaue , being doubtfull to haue a good count thereof out of the labourers barne-floore , a certaine yearly valuation not aggried vpon . They only desire , that the tithes may bee led , and set in the labourers Barne-yard , that when the corne is separate from the straw , the straw may remaine with the labourer as proprium fundi . And for this cause , euery man shall bee astricted to lead home the Tithe , to the vse of the Tithe possessour ; as also to furnish sufficient Barns for threshing the same at needfull times . So shall this confused confluence bee needlesse .

The third abuse is by vsurpation .

For reformation of this abuse : they desire a declaration may bee made what is tithe , and what is stocke , that a valuation of the Tithe with the stocke may also bee more easilie aggried vpon . Now if any man in estimating of tithes , can both say and thinke that the Tith is in value a fourth part of the land duetie , I wold gladlie heare his argument in reason , for J haue no Logick to proue in Arithmetick the tenth to be the fourth part . But if it shall bee answered , the tenth of the stock , and encresse will be the fourth of the free encresse , ( for without it bee free it is no encresse . ) To this J answere : the tenth of the stocke will bee more than the halfe , if not more all the encresse : for if it bee lawfull to tithe any part of the stocke with the encresse , it is lawfull to tithe all the stock , and consequently , the oxen , horse , nolt , kyne , calfes , yowes , lambes , and all must bee tithed , since all is either stocke or encresse , yea , the very ground it selfe must bee tithed , for it is also a part of the stocke . And this J hope beeing vsed but few yeares , the contestation for tithes will expire [ ipso facto ] Now as this is against all naturall reason , so it is without any speciall Law , for the law of Tithes is plaine , Deut. 14.21 . Thou shall truely tithe all the encresse of thy seed , that the ground bringeth foorth yeare by yeare . By what law then is the tithe of the stocke vsurped ? It will perhaps bee said it is a common practicke in our Judicatories so to determine . But I answere , as it seemes not good that the equitie of euery practick should bee narrowly searched vnto ▪ so it is lesse good that every practick whereof the equitie is not narrowly searched into , should bee esteemed a law for the common well . But of what reputation shall the practicks of inferior Judges bee esteemed , when they agrie not with the practick of the supreme Parliament ? For in publick Parliament the practick is past , and a declaration made of the validitie of tithes compared with the value of the land , read the statute . Ia : 6. Parl. 11. chap 29. where it is declared , the tenth part of that duetie payed for the rowme , stocke and tyth should bee giuen to the tithemaster , and nyne partes to the King ●● Landslord or superiour . Is not this reason ? or hath any judge in the Kingdome greater authority , whereby he may vilipend this practick , or proceed with another sort of valuation ? or if they will doe , is not the sentence reduceable ? since by the statute it is plainly ordained That all the Iudges and Ministers of his Majesties lawes within this Realme , judge and decyde according to this statute , and no other wayes how oft that question shall bee moued . But I know some would build much , or rather in effect overthrow all , by these subsequent words , In the case foresaid . To the which I answere it lacketh alanerly . But I will not trouble your LL. to dispute vpon such pen-dashes , whether they haue beene by accident , or of set purpose , either adjected or omitted , since I doubt nothing your LL. will easily perceaue the verie ordinance it selfe to be superfluous : for thus I reason ,

Every Judge imitating a just and equitable sentence judgeth rightly .

But euery Iudge judging according to this sentence , imitates a just and equitable sentence , Ergo ,

The Major is cleare , the Minor shall be proven when J shall beare it publicklie denyed . What necessitie is there then of any ordinance for imitation heereof ? euen asmuch as if a command should passe ; That Fish should not liue without water , for the naturall element of an vpright Judge is equitie , whereof hee is no sooner sensible but with a gaping greedie appetite he followes vpon it , therby refreshing his spirits , and strengthening his powers against euery storme .

But it will bee said the cornes haue beene in vse to pay tith both stocke and encresse . J answere , heere is the abuse : if there bee either law or reason for it , let it so continue : But if there bee neither law nor reason for it , reason it bee reformed . For euerie use , which was not so from the beginning requires reformation ; yea , sometimes although it bee licenced by authoritie , as is euident by that dispute betwixt our Sauiour and the Pharises . Now it is cleare that this forme of tithing was not in vse from the beginning : for Abraham ; ( whom , as we are faithfull we claime for our Father ▪ and therefore are tyed if not by Law , at the least by example to pay tythes ) is said only to giue the tithes of the spoyle . Like as also this vse was never among the Iewes , for their Law is expresse against it , as is said . As for any vse crept in of late within this Kingdome : there was many causes for it , which now are not , and therefore deficiente causa , deficit effectus . First that statute . Ja. 2 , Parl. 14. chap. 82.

Ordaining euery pleugh to sow a firlot wheate , halfe an firlot pease , and fourtie beanes , is nor as yet two hundreth yeare old : whereby it may appeare how small vse there was for labouring for cornes , some two , three , or foure hundreth yeare before ; which all is but a small time , in respect of that time , since tithing first began to bee in vse . Hence it is easily conjectured that the first cause of this use , to tith corne vpon the ground both stocke and encresse , was , because so small partes were laboured at the first , that the tith was not much regarded : as also some choyse partes were only manurde , which beeing fertile in themselues , both by nature and long rest , yeelded such encresse , as the stocke and labour were forgotten by the labourer , rejoycing in the good successe of his new husbandry : whereas now the greatest part of the manured grounds will scarce free the charges , if the aire happen to be tempestuous : and euen in yeares of plentie , where the ground also is fertile , the third of the grouth can hardly be made free to the Landlord .

The second cause , whereby this custome hath beene continued , was , the zeale of the people ; who were not only content to continue any custome , for commoditie of the Church-men , but even to dispone their particular lands and heritages vnto them .

But this I hope is by Pandora sufficiently cooled ; since men are now in greater danger to bee esteemed eaters vp thereof , than to bee eaten vp with the zeale of Gods house .

The third cause , and connexor of all , was , the small or no damnage they found by so ouerseeing themselues for as all waters running to the sea , doe neither augment the same , nor diminish themselues . For as the Rivers returne to goe vnto the place , whence they came ; euen so , what they bestowed vpon Church-men reflowed againe vnto themselues ; their poore , their orphants , widowes and strangers all finding hospitalitie with the Church : whereas now the traueller , at their ancient dwelling house , in stead of that hospitable welcome , peace bee with thee ; howsoeuer , let all thy wants ly vpon me ; only ludge not in the street ; shall find nothing of what he wants , but peace or if he happen to heare any noise , it shal be commanding him peace and without a peece to turne some other way .

But suppose these causes were not remoued : no voluntary ouersight of any abuse can enforce a perpetuall obligation to continue the same .

Jt will bee yet said , this custome hath beene long practised in all countries , and by all Judicatories approven .

But this is easily denyed , for a great many parts , if not the most part of Christendome , haue neuer beene in vse to haue the tithe of their cornes drawne after this forme : yea , many parts are in vse only to pay some small acknowledgment , farre short of the worth of the tithe , of their encresse , and therefore , no further can bee exacted of them according to the canon lawe , Illae decimae necessario solvendae sunt , quae divina lege debentur , vel loci consuetudine approbata , whereby it is evident that the moste that can bee craued is the whole tithes according to the divine Law aboue-said : like as the least that can be offered is the accustomed or ancient duetie ; neither will I disagree from that ( indeed ) judicious note of Card. Bellarmine , saying , Sicut consuetudo tollit legem , sic lex tollit consuetudinem . For it is verie true that the authoritie vpon just and necessare considerations , may abolish the vse of paying lesse than the Law , and command payment according to the Law . But to command anie more , can neuer bee done by any authority , at the least no authority can command to pay more in name of tith than according to the law of tiths . Much lesse it is reason that authoritie should suffer to bee vsurped and brought in custome , more than the Law , and against all reason . This ( I am sure ) will cut off all necessitie to value these tithes which of old hath beene valued , and according whereto the possessour hath beene accustomed to pay : who so list to detaine the same according to the pryce ; as by the particular parties will easily bee defended in anie judicatorie , remouing , sic volo , , sic iubeo , stat pro ratione voluntas . From the rest , neuer more can bee required , but according to the divine Law abouesaid .

But I suppose this alledged custome hath beene indeed long vniversally approuen by all Judicatories , and practised by all Countries : then say I , there hath the more need of a reformation to be begun in some Judicatory , and in some Country : and by what Judicatory more proper than this ? since for this , and such like , your LL. are conveened . Can any ordinance passe for the benefite of the common weale , forcing a titular to set according to the valuation , that which in Law hee may justly lifte without giuing any compt of the value thereof ? and shall all ordinances bee neglected for remeeding that common euill vsed by the titulars , vplifting that , wherevnto by neither law nor reason they haue right ? This were but to divide , not to remeed wrong . Now as heere is the fittest Iudicatory to begin this reformation , so is this Kingdome the fittest to begin the practise therof . Haue we already proceded so far in so faire a course , for reformation of matters in substance , and now beginne to stay at straes ? shall we continue an abuse , because it is the vse of our neighbours ? legibus non exemplis vivitur . Shall we not know our selues ? Was not the woman caryed into the wildernesse vpon the great Eagles wings there to bee nourished till the tymes should bee perfyted ? Was not this land vnknown to the then , tyrannicall powers ? or , if it was knowne , was it not knowne but as a desert , a wildernesse , yea , a wildernesse where the Lyon is King ? hath the Church then beene so long nourished among vs ? and shall wee produce no euidence thereof to the World ? or shall wee stay to produce any evidence , whereby it may be knowne , by whom wee haue beene instructed . Is not the Lyon appoynted the Worlds reprouer , and refresher of Gods people ? And shall he not first reforme what is worthy reproofe in his owne Forrest ? But if any man doubt thus to apply the text : behold the testimonies of antiquitie , whereby euen stones are beleeued to be metamorphosed into men . As for men to bee changed into stones is easie and common at the sight of a Gorgons head . Ovid , that neuer sufficientlie commended collector of antiquities , shews directlie that from the North must come the illuminators of blind Phinius , and the banishers of these filthy abusers of princely food : which is more enlarged by that divine poet Ariosto . Doth he begesse ascriue vnto the English Duke the horriblie affrighting of that famell faction , cruell tyrannizers ouer those without whom themselues were nothing or worse ? and ( howsoeuer forsaken of his feareful friends ) couragiously going on to the entrapping of Caligorant in his owne net ; howsoever reserued aliue as a not vnfit drudge for building the walles of Jerusalem ? the killing of Orillo ; howsoeuer easily dismembered yet alwayes rejoyned by the power of only one excrement of his head ? The dissolving of the enchanted palace ; how manifoldly soeuer his shape at the first appeare deformed , to the notablie deceaued Jndwellers ? Js without a ground ascrived vnto him the banishing of the Harpyes , noble indeed vnsheathing his sword against them , but to small purpose till from the sound of his horne they hid themselues in Hell . No surely , for it is most certaine that the solide subject wherevpon all true Poets buildes , is laide by antiquity they are the planets of Heauen ( of whom the Sun is the chiefe or rather the lyfe ) The lightes of the earth . The revivers of the dead , the renuers of antiquitie , the revelators of Fate , the heraulds of vertue , the vncasers of vice . And howsoeuer to the vulgar eye they seeme but erring starres , yet the more learned astrologi● doeth easily perceaue ● most sweet harmony , most powerfull effects with most solide conclusions : for , beeing all conveened in their first house , all shall bee found to aggrie in one : for the daughter of antiquitie is vna , poore vna who long must wander to seeke relief for her beleagured parents against that direfull Dragon , till shee finde a S. George a Britaine by birth , but of fair● land by education . Behold , with what heauenly trumpets our commission is proclamed . Shall wee then the now winged twines of Boreas begin to frieze for feare , when our shout is able to kindle afreshe the powers of our Iason ? shall the booke of wisedome lye hid in the pocket ? shall the horne of trueth hang mute on the Cassoke ? Hou then ; shall vertue forseeing her slauery bee able to escape the female yoke ? how shall that double statured Gyant beeing stupified with feare bee forced to beare burdings for building our walles ? how shall superstition bee shav●● from the scalpe of errour ? And how shall magnanimitie tyed in the darke be strengthened to burst his golden halter ? that Astolpho in paradice being taught by S. Iohn , may returneing restore the sight of Senapo , and wit of Orlando to the vtter vndoeing of Pagan-pride . Since thus wee see for what wee are borne , let vs couragiouslly follow our fate . Shall the poorest groome not spare to pushe his fortoun ? And shall wee by destinie appoynted the 〈◊〉 of Gods house bee abasht of our office ? No surelie : since the Almighty hath made vs divulgators of his Law , let the brightnesse of our face abash the more vulgar .

And now haue your LL. sufficient ouertures ( grounded vpon Law , and true reason ) whereby custome may be reformed . But if custome bee growne to a second nature ( which is too common in euil customs as the Prophet complains Can the blackmore change his skin , or the Leopard his spots . No more can you that are accustomed to doe euill , doe that which is good ) My passive body 〈◊〉 comport with the tims and so acquiesce ; only protesting that which is now done bee not prejudiciall to a better reformation , when the Planets shall look with more myld aspect : Thus haue I faithfully delivered my charge for your LL. ease , and my owne health . But if any man shall suppose mee not to be what J professe : let noble Arthegall whose presence J long for , and who at length I hope shall proue master of this feast to the vncasing of Bragadochia , and restoring Guyon to his horse and armour . Let him J say confront mee with another , professing the same name , but of a contrarie disposition .

Then shall your LL. easily know , Which of vs twaine are 〈…〉 snow . Your LL. totum RESPVBLICA .