had finished his Office upon earth by offering up himself through the eternal Spirit a sacrifice without spot unto God did not look back to the Ordinances of the former Priesthood but testified an end was put unto them and witnessed against the temple wherein the priests ministred for which Stephen was stoned to death against circumcision saying It was not that of the flesh against the Passeover priests c. and preached up Christ Jesus and his Doctrine the new and living way which was not made manifest while as the first tabernacle was standing Nor did they go about to establish the Law by which tythes were given in the former Priesthood but freely they preached the Gospel which they had received and did not require any setled maintenance but lived of the free offerings and contributions of the Saints who by their Ministry were turned to Christ Iesus At Jerusalem and thereabouts such was the unity of heart amongst the Saints in the Apostles time that all things were in common Acts 4.3 4. and none wanted and as many as were possessors of Lands or Houses sold them and brought the price and laid it down at the Apostles feet and it was distributed unto every man according as he hast need So the Church gathered by Mark at Alexandria in Aegypt followed the same rule as the Saints did at Ierusalem Hieron in vita Marc. having all things in common And Philo Iudeus a famous Author of that time reporteth that not onely there but in many other provinces the Christians lived together in societies In the Churches at Antioch the Saints possessed every man his own estate so likewise in Galatia and Corinth where the Apostle ordained that weekly offerings for the Saints should be made by every one as God had blessed him Acts 11.29 and by these offerings which were put into the hands of the Deacons of the Churches were all the services and needs of the Church supplied 1 Cor. 16.2 By example of these the course of monethly offerings succeeded in the next Ages Vide Synod Gangr Can. 60. not exacted but freely given at the bounty of every man as appears plainly by Tertullian in Apologet. ch 39. where upbraiding the Gentiles with the pietie and devotion of Christians he saith Whatsoever we have in the treasury of our Churches is not raised by taxation as though we put men to ransome their Religion but every man once a moneth or when it pleaseth himself bestoweth what he thinks good and not without he listeth for no man is compelled but left free to his own discretion and that which is given is not bestowed in vanity but in relieving the poor and upon children destitute of parents and maintenance of aged and feeble persons men wracked by Sea and such as are condemned to the Mettal-mines banished into Islands or cast into prison professing the true God and the Christian Faith And this way of contribution continued in the Church till the great persecution under Maximinian and Dioclesian about the yeer 304. as Eusebius testifieth Euseb lib. 4. ch 22. which also appears by the writings of Tertullian Origen Cyprian and others About this time also some lands began to be given to the Church and the revenue of them were brought into the treasury of the Church and belonged to the Church in common and was distributed as other offerings by the Deacons and Elders but the Bishops or Ministers medled not therewith for Origen saith It is not lawful for any Minister of the Church to possess lands given to the Church to his own use And called to the Ministers Let us depart from the Priests of PHAROAH who injoy earthly possessions to the Priests of the Lord who have no portion in the earth 16 Homily upon Genesis fol. 26. ch 3. And in another place he saith It behoveth us to be faithfull in disposing the rents of the Church that we our selves devour not those things which belong to the widows and the poor and let us be content with simple dyet and necessary apparel And Vrban Bishop of Rome Anno 227. did declare That the Church might receive Lands and Possessions offred by the faithfull Vrban 1. in Epist c. 12. q. 1. e. 161. but not to any particular mans benefit but that the Revenues thereof should be distributed as other offerings as need required Cyprian Cyprian Epist 27.34.36 Bishop of Carthage about the year 250. also testifieth the same and sheweth that the Church maintained many poore and that her own Dyet was sparing and plain and all her expences full of frugality Prosper also saith Lib. 21. de vita contemplativa That a Minister able to live of himself ought not to participate of the goods of the Church for saith he They that have of their own and yet desire to have somewhat given them do not receive it without great sin The Council at Antioch Con. Ant. cap. 25. Anno 340. finding that much fault had been amongst the Deacons to whom it properly belonged did ordain hat the Bishops might distribute the Goods of the Church but required that they took not any part to themselves or to the use of the Priests and brethren that lived with them unlesse that necessity did justly require it using the words of the Apostle Having Food and Rayment be therewith content In these times Hom. 11. in Acta Tom. 6. edit Saviliana pag. 897. in many places the Christian Converts joyned themselves in Societies and chose a separated life selling what they had and living together in common after the example of the former Saints about Jerusalem as Chrysostome notes who lived about the yeer 400. by whose writings it also appears that there was not the least use or practise of the payment of tythes in these former Ages The Church now living altogether by free offerings of Lands money and goods the people were much pressed to bountiful Contributions for holy uses as may be seen by the Writings of Hierome Homil. 43. ad Epist 1. ad Corinth in cap. 16. Chrysostome who brought the Jewish liberality in their payments of tenths for an example beneath which they would not have Christians determine their charity where Chrysostome sayes he speaks these things not as commanding or forbidding that they should give more yet as thinking it sit that they should not give lesse then the tenth part Hierome also doth earnestly admonish them to give bountifully to the poore Ad cap. 3 Malachia and double honor to him that labors in the Lords work not binding at all to offer this or that part leaving them to their own liberty but pressing they might not be more short then the Jews were Ambrose who was Bishop of Milan about the year 400. preached up tenths to be offered up for holy uses Tom. 5. Serm. fer 2. post dom 1. quadragesima vide Serm. in Ascens Danivi as the phrase then was as may be
seen in his Sermon of Repentance but his Authority he produceth wholly from Moses writings and quotes divers sentences and threatens the people that if they would not pay their renths God would reduce them to a tenth In like manner Augustine Bishop of Hippo hath a whole Homily for the right of eythes In Serm. de temp in Tom. iâ— Hoec est saith he Domini justissimae consuetudo ut si tu illi dicimam non dederis tu ad decimam revoceris And afterwards with much earnestnesse Decimae ex debitâ— requiruntur qui â—as dare noluerit res alienas invasit quanti pauperes in â—ocis ubaÌ„ ipse habitat illo decimas non dante fame mortui fueriut tantoruÌ„ homicidiâ—ruÌ„ reus ante Tribunal aeterni judiciâ— apparebit quia à Domiuo pauperibus delegatiÌ„s suis usibus reservavit Qui ergo sibi aut praemiuÌ„ comparare aut peccaterum desiderat indulgentiam promereri reddat decimam who calls upon those that have no fruits of the earth to pay the tenth of whatsoever they live by and saith the neglect of payment of tythes is the cause of sterility and blasting agrees with Ambrose in his threats That God would reduce them to a tenth tells them that not paying their tythes they shall be found guilty at Gods Tribunal of the death of all the poor that perish through want in the places where they dwell and bids them that would either get reward or desire the pardon of their sins to pay their tythes These two great Bishops agree and from the Law given to the Israclites take their whole Doctrine and their own opinion impose with so heavy penalties But yet take notice to what end they required them That the poor might not want and saith that God hath reserved them for their use Leo called the great who was Pope from 440. to 460. was likewise very earnest and large in stirring up every mans devotion to offer to the Church part of his received fruits but speaks not a word of any certain quantity as may appeare by his Sermons De jejunio decimi miusis Eleemosynis Severin also about the year 470. stirred up the Christians in Panonia who in example of his bounty gave the tenth of their fruits to the poor Gregory not onely admonisheth the payment of tythes from Moses Law Hom. 16. in Evang dist 5. de consecrat c. 16 Vt in lege jubemur Domino decimaÌ„ rerum dare but also the observing the time of Lent consisting of six Weeks out of which take the Sundayes and there remains thirty six dayes the tenth part of the year fractions of dayes omitted this tenth of time he would have given to God saying We are commanded in the Law to give the tenth of all things unto God And from the Opinions of these and other ancient Fathers who took their ground from the Law Tythes Easter Pentecost and other things came to be introduced and brought into the Church As is testified by Agobard Bish. of Lyons a highly esteemd man in his Treatise De dispensatione c. contra Sacrilegos pag. 276. But notwithstanding the Doctrine and hard threats of some of the great Bishops of that time it was not a generally received Doctrine that tythes ought to be paid nor till about the year 800. was any thing by the then Church determined or ordained touching the quantity that should be given though no doubt in many places amongst the offerings of the devouter sort tenths or greater parts of their annual encrease were given according to the Doctrine of Ambrose and others The offerings of the Church in these Ages were received and disposed of in maintainance of the Priests and relief of those that were distressed Be not offended at the word Priest no other can be given to this age for the title as then 't was given to them so it was owned by them neither had the Priests such a particular interest in the profits received as of late time they have usurped all that was received wheresoever in the Bishoprick was as a common Treasury and was dispensed one fourth part to the Priests out of which every one had his portion another fourth part to the relief of the poor sick and strangers a third to the building and repairing of places for publique meetings called Churches the fourth to the Bishop And generally then the Bishop lived in some Monastery and his Clergy with him from whence he sent them out to preach within the Countryes in his Diocesse and there they received such offerings as were made and brought them to the Treasury I call it Church because it was then so esteemed I must use such words as may give the Reader a knowledge of what I say And though divers of the Fathers Popes and Bishops did declare that tythes were due and ought to be paid none of the first eight general Councils of the Church did ever so much as mention the Name of Tythes or declare them a duty The nineth held at Lateran under P. Calixtus the second about the year 1119. mentions tythes but speaks onely of those which had been given to the Church by special consecration so doth also the Council held under P. Alexander the third An. 1180. but that onely inhibits appropriations to religious Houses without assent of a Bishop for at that time people being led to believe that their tythes ought to be given for the use of the poor did chiefly dispose them to the Heads and Governors of religious Houses who kept open Hospitality for the poor and entertainment of strangers and were esteemed holy as good Treasurers for the needy who took care of distribution of them as is testified by Cassian the Hermit But that Council seeing much given to the poor little to the Priests made that Decree to restrain the peoples freedom and indeed by this time much wickednesse was crept into these Houses as Histories relate Nor was any Law Canon or Constitution of any general Council as yet found that purposely commanded the payment of tythes nor any that expresly supposed them a duty of common right before the Council of Lateran held in the year 1215. under P. Innocent the third about which time the Popes Authority was grown powerful and the Canons more received into practice that before were little especially herein obeyed About the yeers 800 900 1000. and after Tythes were called the Lords goods Res dominicae dominica substantia Dei census Patrimonia pauperum tributa egentium animarum stipendia pauperum hospitum peregrinorum the patrimony of the poor c. Whence also the Council at Nants declared the Clergie was not to use them as their own but as commended to their trust and they were not then given for the Clergy but to be disposed of for the uses of the poor Non quasi suis sed quasi commendatis non ab hominibus sed ab ipso Deo sunt
was their glory and their Crown And herewith let all our now called Churches be proved and tryed who separate from the world and yet many of them receive pay and wages for their teachers from the world who send none at their own cost to preach to the world And here our Rulers should learn wisdom to with-hold their hands from upholding any with their worldly Sword and compelling others to maintain them and to leave Christs Kingdom to his own Rule who is Lord of the Harvest and sends forth labourers and hath spirit to put upon them who sends forth the-Fisher-men the Shepherds the Herdsmen the tillers of the ground and the keepers of flocks who speake plain words that wise men cannot understand who are wise in the worlds wisdom gathered in Schools whither they are sent to learn a trade thereby to get their livings and in the time of popery they studyed the popish Doctrine and then preached them to others and in the time of prelacy they changed to a new form And when that was laid aside Presbytery was set up and then such the Vniversities sent forth and since Independency was preferred great store of them are spread abroad and look what pleaseth them best that have the greatest livings in dispose that is the most cryed up and most studyed and preached and here is the spring of our Teachers the Vniversities and these say that Greek and Hebrew are the original which they go thither to learn that they may understand what Christ spoke and the Apostles preached But the Hebrews and Greeks who heard them speake in their own Language could not understand their Doctrine for it seemed foolishnesse to them and these by their original are in no better state nor nearer to the knowledge of the Gospel And let our Rulers consider that Christs love to the world for whom he dyed is not abated neither is his spirit diminished nor his powde shortened that he will not or cannot send forth and fit Ministers for his service or that he needs Vniversities to instruct or Magistrates to provide maintenance for those he sends forth And let them look to their own kingdom the world therein to punish restrain the evil to encourage protect the good then all would be agreed and the Nation kept in peace every one enjoying his true liberty and freedom For in this it is assented that the Ministers of Christ Jesus who sowe unto us spiritual things should reap of our temporals But here is the difference first That our consciences must be our judge who those Ministers are and no other mans direction for to the conscience were Christs Ministers alwayes made manifest and not approved with the reason and wisdom of man Secondly That our gift must be free and by no mans compulsion Would not this ease the Magistrate of much trouble that he makes to himself and be more acceptable to God and man for who hath made him a Judge in these things A third sort plead the Decrees Canons Constitutions of General Councils Popes Bishops Convocations To such I shall onely say that for the first 800. years after Christ no Canon or Decree was made by general Council nor was it then determined by the Church as 't was called what part every man should pay And the first eight General Councils do not so much as speak of the name of tythes and that was till about 1000. years and then about that time it came to be received and believed that tythes ought to be paid yet in England as well as other Nations every man might have given his tythe where he pleased till about the year 1200. as is already proved But I need not say much to these few being of this mind but those who own the Pope for their Head we having in England denyed and cast off his Supremacy though in this matter of tythes and many other things we still feel his power amongst us And now having briefly gone over the substance of what is pleaded for a Divine of Ecclesiastick right I come next to what is pretended for a humane Right And the first sort pleads the gifts of Kings as Ethelwolph c. To these I answer If they could prove the whole Land had been the particular possession of any such King they said something though that would not justifie the taking tythes from all the people as shall be more fully proved hereafter But by what right could he give the tenth part of the encrease and fruits of the labours of all the people of his Dominions who had no legal property therein It was an easie matter when the Popes Emissaries had taught the people that tythes were due to God and them and had perswaded Kings and Nobles that Heaven might be purchased by then works to procure from them the gift of that which was not theirs the poor peoples tythes especially considering the people were of the same mind and as zealous of all the popish superstitions as themselves and every one striving who should therein most excel witnesse those many rich Abbeys and Monasteries lately in this Land But if that K. Ethelwolphs Grant be the foundation of tythes then how many succeeding Kings and Bishops and others have violated his Deed by appropriating them to Abbeys Monasteries and such like Houses And how hath all Ages since Ethelwolphs taken upon themselve the disposition of tythes without any relation to what he did which shewes clearly That neither Kings Parliaments nor prople did ever take themselves bound by his Grant But the folly and vanity of this Argument will more plainly appear hereafter The next and those which seem to have the strongest plea do urge the temporal Laws of Kings and Parliaments and say by the Law they have as good property in tythes as any man hath in his Lands Ans To such I say The Law doth not give any man a property either in land or tythes or any other thing but onely doth conserve to every man his property which he hath in his land and possessions either by gift purchase or discent and secure him from the injury or violence of another But let us not be deceived with a new pretence lately taken up to delude the simple minds of a legal property and a civil right for that is but a shift and it matters not what any say or now pretend concerning the right of tythes when they see their other claims will not serve the turn but let us hear what the Makres of the Laws say of them those from whom they claim and passing by the Saxon times and K. Stephen and the rest of those who were in the mid-night of popery let us come to H. 8. who cast off the Pope and upon whose Law all others that were since made are builded and in the preamble of the Act it is declared That tythes are due to God and holy Church and they blame men for being so wicked as not to pay them and therefore
but ex debito SHEPHERD by the Law of God for substraction whereof no remedy lay at the common-Law and therefore if a Parson let a Lease of his Glebe to another with all the Appurtenances yet he himself shall have tythe of it Terrae non sunt decimbiles and therefore neither Mynes nor Quaryes of Iron COOK Brasse Tin Lead Coles Stones Tile Brick or Lime are tytheable ner Houses Consimilar is felony trespasse between free-hold moveable goods nor Trees nor Grasse or Corn till they be severed from the Land the real Estate which descends by inheritance from the Ancestor and made a distinct personal possession And therefore tythe is not paid of Land nor by reason of the Land nor is it a charge upon Land like a Rent-charge nor was it ever so claimed till of late that the popish covers were not broad enough Obj. But some object and say When I bought my Land I bought not the tythe nor paid any thing for it Ans I answer That I and all men bought all our Land and that without any charge of tythe upon it and therefore in all Conveyances it 's still said All that c. and never any covenant for or exemption of a tenth part either of land or encrease and he that saith the seller or his Ancestor charged it with tythes as a Rent I say Where a Rent is charged it 's still expressed and finde any such exception or covenant and I will freely pay them as a just debt And is it not ridiculous for any to talk of parchasing his tythe for with his labour charge and husbandry he payes deere enough for his whole encrease Obj. Another objects That though I bought all my Land yet I bought it cheaper because it was supposed that it ought to pay tythes then I could have bought such Land as was known to be tythe-free and therefore having a cheaper bargain I am bound in equity to pay tythes Ans I answer That I have already proved all Land is tythe-free and the charge of tythe is upon the stock and personal Estate and not upon the Land And the strength of this objection lies in comparing those that pay tythes with those that are free they that buy lands tythe-free are eased of this oppression and are in no hazard and though all others ought to be so yet being a question whether they can ease themselves of the burthen they buy under a hazard and as subject to such a charge but if they can cast off the yoke they get but what is their own And seeing we have denyed the Popes Authority and Supremacie we may so soon as we can wholly cast off the burthens which he laid on us And thus he that buyes Land in yeers of trouble and heavy taxes may perhaps buy much cheaper then when none or little is paid shall he therefore alwaies be required to pay taxes when others are discharged or shall he that bought cheap pennyworths on the borders between England and Scotland when those parts were insected with Mosse-Troopers alwaies maintain or pay tribute to thieves and robbers We bought Land when the Popes yoke was upon our necks and if we can cast it from us we may by as good reason be eased of our tythes as they of their taxes But if I bought cheaper what is that to the State or to a Priest If in equity I be bound to pay any more it is must just that he have it of whom I bought my Land and not another There are others who plead a legal right by prescription and that they have a good right because they have so long possessed them This was the old device first to preach that tythes were due and then to limit them to the Parishes and when fourty yeers was past to claime that as a debt which before was paid as charity or ar most as a free-will-offering of the owner And thus the Pope got first fruits and tenths and Peter-pence and many great sums out of this and other Nations which long continued and he might as well have pleaded his prescription as any of his branches now can do In temp H. 3. the Pope had above 120000. l. per. an out of this Nation which was then more worth then the Kings revenue Is any so blind as not to see what poor shifts are now made to uphold so great an oppression which can find no better ground for its support then this that it hath been so long continued But shall the continuance of an oppression give right to perpetuate the grievance How many great and heavy pressures in other things did long lye on this Nation of customs and practices of former times which daylie were and still have been abolished as light did more and more encrease witness those many Laws and Statutes made and now in force abolishing the usages and customs of former ages but yet this is a great mistake for by the Common-Law and the old popish Ecclesiastick Law is out of doors no man can prescribe to have tythes though many may prescribe to be free from tythes or part thereof for he that claims tythes except Impropriators to whom I shall speake hereafter must claim them as a Parson Vicar or other called Ecclesiastick Officer and as I have hinted before he claims them not as such a person but as such an Officer and the prescription if any were is to his Office Now if no such Office be in being his claim is at an end That there is now no such Office is plain for when H. 8. renounced the Pope he was declared by Act of Parliament which was assented to by all the Clergy in their Convention to be the Head of the Church and all Arch-Bishops Bishops and all others in Ecclesiastical Orders were no longer to hold of the Pope but of the King and not to claim their Benefices by title from the Pope but of the King by vertue of that Act of Parliament And here the Succession from the Pope was cut off and discontinued and the King by his new Authority as Head of the Church made Bishops and gave them power to make Parsons Vicars and others called Ecclesiastick Officers Afterwards as the King renounced the Pope so the Parliament of England laid aside Kings who had assumed the Title and Stile of Head of the Church and also abolished Arch-Bishops and Bishops and all their dependancies root and branch and here the whole Ecclesiastick state was dissolved and the Body fell with the Head and the Branches with the Root both Parsons Vicars and Curates and all the whole progeny and off-spring and so all their right title and claim to tythes was and is at an end as is more plainly and more fully set forth in a late printed paper by Ier. Benson to which I refer And now I come to the last those that claim by purchase and these are the Impropriators and they say they have bought them of the State and have