dayes Christ the Law-giver to of and in the Church and his Doctrine of Free and Voluntary Contribution was denyed and covetous Practices commanded and allowed by men in the Apostacy were entertained and what spoil and havock hath been and is made upon the Deniers of these Selfish Idolatrous Antichristian Irreptitious Customs who is ignorant CAP. VIII Of the Statute against Mortmain MOrtmain is a French word and signifies a dead hand 't is in the common Law An Alienation of Lands or Tenements to any Corporation or Fraternity and their Successors with the Licence of the King and the Lord of the Mannor Lands saith a great Lawyer were said to come to dead hands to the Lords for that by Alienation in Mortmain they lost wholly their Escheats and in effect their Knight-Service for the Defence of the Realm Wards Marriages Reliefs and the like and therefore was called a dead Hand for that a dead hand yields no Service saith Sr Thomas Ridley in his view of the Civil and Ecclesiastical Law Austin the Monk brought the Religion and Doctrine of Papal Rome into this Nation to among the Saxons by little and little strange things came to be preached up as That the pardon of sins might be merited by good Works the Torments of Hell might be avoided and that Tythe was the Souls Ransom and that whoever desired Forgiveness of Sins and the Joys of Heaven should faithfully pay the same and that without the payment thereof these things could not be had The Deluded and Depraved People receiving this as a heavenly Oracle gave not only their Tythes for the satisfaction of their Sins to maintain the Popish Clergy to say and sing Mass to pray for their Souls for Obits and Anniversaries but their Lands also Hence Religious Houses so called came to be built and wonderfully enriched By this Satanical Stratagem and Delusion almost a third part of the whole Land was hooked into the aforesaid Houses and Clergy and there was no cry heard among the Ravenous Cormorants 'T is Enough but rather the Horsleeches Language Give Give Now that all the Land might not be swallowed up in this unsatiable Whirle-Pool a Statute against Mortmain that is against the Alienation of Lands to such and such Uses was provided It was saith Andrew Willet in his Synopsis of Popery a common practice in time of Popery so the Priests might be enriched they cared not greatly though all the Stock of the Patrons and Founders were undone the Statute of Mortmain faith he was made to restrain this pag. 309. King Henry the third in his great Charter to all Arch-Bishops Bishops Abbots Priors Earls Barons Sheriffs c. enacted thus If any from henceforth give his Lands to any Religious House and thereupon be convict the Gift shall be utterly void and the Land shall accur to the Lord of the Fee Edward the first enacted to the same purpose Henry the eighth confirmed this in the 23d year of his Reign enacting That Assurances of Lands to Churches Chappels Church-wardens Guilds Fraternities Commonalties c. made of Devotion as to the Uses and intents to have Obits perpetual or a continual Service of a Priest forever or for sixty or eighty Years were as Prejudicial to the Lords as if they were aliened in Mortmain so to be void Further this Henry enacted That all Monasteries Abbyes Priories and other Religious Houses of Monks Canons and Nuns c. with their Estates should be given to him and his Heirs forever the Right of Founders Patrons and Donors being saved as also all Lands Tenements Rents and other Hereditaments given for the Maintenance of an Anniversary or Obit Light or Lamps in Church or Chappel to continue forever To say no more herein that Statute against Mortmain prevented the spreading of that foul Leprosie of Encroachments and stopped the heady Current of Idolatrous days in that point CAP. IX Of Exemptions from the payment of Tythes THrough the Seed of Degeneration Ministers in Christian Churches became 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lovers of filthy Lucre Covetous such the old Saxons called Gitsors that is sore and eager getters the Popes Doctrine being entertained into a Nation that Nation was divided into Bishopricks Bishopricks into Parishes then the Pope having set up Parishes he enjoyned that a secular Priest Canonically instituted should attend the Service of each respective Parish and that where Tythes were not already settled they should be paid to the Parish Priest notwithstanding any custom to the contrary After People were brought to believe that Tythe ought to be paid they enjoyed that liberty of bestowing the same where they would on whom they would till Pope Innocent the third about the Year 1200. as hath been touched So they were called Free Offerings and Pure Alms but it was no matter of difficulty having perswaded People to pay Tythes to appoint the Receiver the Person or Persons to receive the same Now the Pope having brought in Tythes and appointed the persons that should receive them notwithstanding his general Decree yet he in favour to his chiefest Props and Cathedral Pillars frequently granted Exemptions to such and such Orders whereby they became freed of the payment of Tythes as to the Templers Cistercians Hospitallers and generally to all Lands held by Religious Persons and Houses upon this account who have bought the Lands of dissolved Monasteries c. their plea is That their Lands are Tythe free This Immunity so far as it concerned the rest of the Religious Persons Pope Adrian recalled and limitted it only to the Cistertians Hospitallers Templers and to the Order of St. John of Jerusalem as faith Sr. Thomas Ridley in his view of the Civil and Ecclesiastical Law 'T is a pregnant proof saith one that Tythes are of humane Institution and that from the Bishops of Rome also Seeing their Exemptions are in force and observed to this day yea and as I may say to aggravate the indignity of the thing among such as would be accounted to have come out of Italian Babylon and to be great sharers in Reformation Now for the satisfaction of such who desire some account concering the aforesaid Orders this is Knights of the Temple Knights Templers was an Order of Knighthood erected by Pope Gelasius about the Year 1117. at first they dwelt not far from the Sepulcher of Christ entertained Christian Strangers and Pilgrims charitably and in their Armour led them saith my Author thorough the Holy Land to view such things as were to be seen and to defend them from the Infidels at last they grew very Vicious and many of them fell from the Profession of Christianity to the Saracens Pope Clement the fifth suppressed the whole Order and their Substance was given to the Knights of Rhodes and other Religious Orders saith my Author Knights of the Order of St. John in Jerusalem was created for the defence of Pilgrims these Knights and Pilgrims were called Croises from the Sign of the Cross which they used to
wear on their Garments This Order was erected in or about the Year 1120. and had their fiâ—st Foundation and abode in Jerusalem after they had their residence at Rhodes whence they were expelled by Solyman since their chief Seat hath been at Malta and have done as 't is said great Exploits against the Turk There was one General Prior that had the Government of the whole Oder in England and Scotland King Henry the eighth dissolved this Corporation the Prior and Confreres thereof were prohibited to wear their accustomed Mark the Sign of the Cross The King also was to have their Houses Churches Lands Goods Chattels Debts and all other things of theirs Hospitallers were certain Knights of an Order so called because they had the Care of Hospitals that is Houses erected for the Relief of Pilgrims and Poor and impotent People Bernard a learned Monk of Burgundy entred into the Monastery of Câ—steaux hence an Order of Monks were called Bernardines from this Bernard the chief of the Monastery they were called also Ciâ—â—ertian Monks Thus Tythes were settled in Apostatized Christendom by the Pope not by Christ nor his Apostles and in favour to his chief Props such and such Orders c. the Pope made all the Lands given unto them Tythe free which so remains to this Day his Exemptions are in force Now read your selves you that Glory in the Name of Protestants and would be accounted eminent in Reformation from the dregs of Popery as you say See the Author of Tythes in Apostatized Christendom and of the exemption of such and such Lands from the payment thereof the Pope whom though you pretend to deny yet plead for his Provision and refuse healing of your Leprosie in Spiritual Jordan the River of Judgment CAP X. Of Frank Almoigne LOcusts crawling out of the Smoke of the Pit Teachers qualified only by Man saith Gell on 2 Tim. 4. have a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is an itching in their Tongues desirous to teach others for Earthly ends Earthly advantage filthy Lucre not fervently desirous to bring them to Life and the Hearers of such have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an itching in their Ears affecters of Novelties Flesh pleasing Doctrines curious Speculations 'T is out of a Natural mans Sphere to have Spiritual and Heavenly aimes he is dead thereto making Preaching as a Trade or Art to pick a Living by Such as are called of God they have better aimes of a more pure and heavenly Nature But to return In the Apostacy the Clergy even spent themselves in the pursuit of Earthly things multiplying Inventions to settle themselves in Pride Fulness and Ease and a Provision Idolatrously Fraudulently and upon groundless Supposition formerly hooked in by the Clergy Man-made Ministers now though pretending Reformation allow of and Dispute for the same A Tenant in Frank Almoigne is where an Abbot Prior or any other man of Religion or of holy Church as they say holdeth of his Lord in Frank Almoigne that is to say in free Alms and this Tenure began first in Old Time when a man seized of Lands or Tenements c. and of the same enfeoffed an Abbot Prior or any Ecclesiastical person Seculer or Reguler to have and to hold to them and their Successors in Frank Almoigne that is pure or free Alms Cook upon Littletou sec 133. All Ecclesiastical persons might have held in Frank Almoigne were they Seculer or Reguler but no Lay-person could hold in Frank Almoigne A notable piece of Policy to enrich the Clergy none must pertake of these Alms but the Clergy the Peoples Charity was limitted by the grand Charter of the Clergies Covetousness to themselves alone And they which held in Frank Almoigne were bound of right before God to make Orisions Prayers Masses and other divine Services for the Soul of their Grantor or Feoffer and for the Souls of their Heirs which were dead and for the prosperity and good Life and good Health of their Heirs which were alive Cook upon Littletou Sec. 136. Thus 't is clear as the Day to the seeing Eye what strange Superstitious Idolatrous Doctrines and Covetous Practices foretold of by the Apostles had a rise in the Apostacy Paul said in his Day We are not as many which corrupt the Word of God 2. Cor. 2.17 Former Translations rendred it We are not as many making Merchandize of the Word Which is very agreeable to the Greek Copy and touches the Practise of Man-made Ministers who as Merchants trade with their Commodities trade with their groundless Doctrines Traditions irreptitious Customs natural Gift acquired Parts Bargaining with People for so much a Year runing from place to place as further Advantage is offered yet pretending a Call thereto 'T was the Judgment of Church-men in former dayes that for a Bishop to remove from one place to another was a bad Custom and to be rooted out Summa Concil Pontif. saying further 'T is very evident why they do this thing seeing no Bishop iâ— found removing from a greater City to a less whereupon 't is apparent say they that they are fired with Covetousness You that pretend Reformation you have in your Mouthes what was said of Alexander the Sixth that notable Merchant Vendit Alexander Cruces Altaria Christum Vendere jure potest emerat ipse prius Alexander sells Crucifixes Christ and Altars high And Reason good he should do so for first he did them buy And what Mantuan hath said of Merchandizing apostatized Rome's selling of Temples Priests Altars Sacred things Crowns Fire Frankincense Relicks Prayers Heaven and God himself And cannot you see your selves Doth not your taking of Tythes Easter-Reckonings Midsummer-Dues as you call them Money for Marrying of People for Burials for opening of the Earth for Funeral Sermons for Mortuaries for Churching of Women for Smoke passing up the Chimney Plough-Money Garden-Money Augmentations bespeak you Merchants The Apostles acted no such things were not found in the Co-ercive exaction of Tythes not forcing a Maintenance from such as received them not Paul was no such Merchant he mingled not Wine and Water as I may say he was not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a lover of filthy Lucre but content with Gospel-Maintenance which was Free and Voluntary from such as received them and their Message But such as are made Ministers by the Will of Man they apply themselves to man for Maintenance Cicero a Heathen could say That the Gains of Hirelings are sordid or base for their Wage is the Obligation of their Service Tull. Offic. If Antichrist's Maintenance were swept out decry'd and Gospel-Maintenance only allowed then 't would appear whether the Number of Chemarims that is Black Coats increased or decreased When Earthly Considerations opens the Mouth those being taken away the Mouth is shut This is no Reflection against the Ministers of Christ who propound to themselves Gospel ends as good Stewards faithfully dispensing the Word of Reconciliation content with Gospel-Maintenance without recourse to Man
Doctrine That Tythes ought to be paid and that Pardon of Sins might be merited the Torments of Hell avoided by such good Works Thus the Poor Depraved Deluded Seduced and Ignorant People through the Sorceries of their Pollitick Leaders the Priests were drawn to the Voluntary Contribution of theis Tythes or of what portion thereof they pleased to Monasteries Nunneries Abbeys Monks Nuns Abbots Priors Prioresses Hospitals Poor c. Which Donations at length were confirmed by the Canon Law and such as had not Voluntarily bestowed their Tythe they were forced thereunto by Laws and Statutes and a general Exaction thereof through the whole Kingdom was established upon the Clergy In this Mid-night of Popery Tythe or Tenths were accounted the Souls Ransome and preached so to be by the covetous Clergy so that in the Belief hereof People gave not only Tythes but Lands also to Religious Houses so called Who would deny the Soul's Ransom Endless Life if so to be purchased In the Belief of this Doctrine the Clergy had almost gotten the third part of the Land and but that the Law against Mortmain prevented might strangely have prevailed by further Encroachments Now in order to owe People to be devout and exact in the Payment of Tythe they tell us a Miracle thereto relating how that Austin at a certain time coming to a place called Cometon to preach the Priest of the place made complaint against the Lord of the Mannor for detaining his Tythe for which thing Austin Excommunicated him and saying Mass as the Altar forbad Excommunicated Persons to be present thereat Presently a dead Corps buried One Hundred and Seventy years before arose out of his Grave and stood afar off during the Celebrating of holy Mass Austin asked him what he was He said He was a man that in his Life-time would never pay Tythe to the Priest so was excommunicated and dying went to Hell for that Crime Austin raised the dead Priest who affirmed That that man would never pay his Tythe Austin sent the live dead Corps to his Grave again saying He had suffered long in Hell that is in Purgatory The Lord of the Mannor seeing all this was much terrified and fell at Austin 's feet confessing his Fault became a due Payer of his Tythe all his Life-time John de Grand sono Johan Anglici Historia Aurea Such Delusions as these as also the Doctrine of Merits and of Tythe being the Souls Ransom being received by the Credulous Deluded Saxons the Saxon Kings in their respective Kingdoms of the Heptarchy and in their respective Reigns made Laws and Decrees for the due Payment of Tythes Micah a Seer of the Lord in his day cryed out Will the Lord be pleased with Thousands of Rams or with ten Thousands of Rivers of Oyl Implying He would not where Justice Love of Mercy and Humility did not truly season and possess the Inwards Mic. 6. The true Church made up of living Stones Elect and Precious witnessed Christ the Amen the true and faithful Witness to be their Ransom their Redemption their Redeemer from Death Hell and the Grave But the Depraved and Mis-led Saxons through the spiritual Inchantments of their Teachers were brought to account Tythe-giving to be the Souls Ransom I could produce multitudes of their Donations confirming what I say In the dayes of Henry the second Nicholas Fitz Turold gave his Tythe in Chiltune to that Monastery The Form and Contents of his Donation was thus Be it known to those that are present and to those that shall succeed That I Nicholas the Son of Turold for the Salvation of my Soul and of my Parents c. have granted to the aforesaid Church to be held forever the Tythes of my Land which I possess in the Village of Chiltune c. I William de Albineio do grant unto God and to St Andrew of Rochester and to the Monks having Residence there all my Tythes c. for the Soul of King William and for the Soul of King Henry and for my own Soul and for the Souls of my Father and Mother and of my Wife and of my Brother Nigellus and of my Nephew Humphry and for the Souls of my other Parents alive and dead Know all men That I Payn Sheriff of Surrey do give and grant the Tythes of Geddings which my Ancestors gave to God and to the Church of St Andrew of Rochester for the Soul of my Father and of my Mother and for me and my Wife and the same Church bath granted unto me that after our Death the Anniversary of me and of my Wife shall yearly be performed forever Thus a former Grant was confirmed Richard Tresgoz confirmed to God and to the Church of blessed Mary of Boxgrave and to the Monks there serving God for the Salvation of his Soul and of his Wife and Predecessors and that Mass should be celebrated thrice a Week in the aforesaid Church for his Soul and his Wive's Soul and for the Souls of his Father and Mother and Ancestors all the Donations which this Father Philip had given as well in Lands as in Tythes Moreover he gave all the small Tythes of his Mannour of Lambs Calves Foals Chickins Piggs Wool Cheese Apples Fruit in a word of whatever was Tytheable Out of a Charter of King Stephen made to the Priory of Eye in Suffolk this following may be read I ✚ Stephen by the Grace of God King of England touched with the Love of God and for the Salvation of my Soul ✚ and of my Father's Soul and of my Mother's Soul and of my Ancestors Kings do give unto God and to the Church of St Peter of Eye and to the Monks there serving God that they may have all their Profits quiet and free from all Exaction in Lands Tythes Churches Possessions c. Thus he confirmed former Grants supposing them Due Pious of good Effects and Consequences Selden Thus for the obtaining of Masses Anniversaries Remission of Sins Salvation of Souls of the dead and of the living and other Reasons Papists gave Tythes to Papists these or what portion thereof they pleased were Voluntarily bestowed on Monks and Monasteries Nuns and Nunneries Abbots and Abbeys Priors and Priories Hospitals on the Poor at last all these Voluntary Grants to be held as pure and perpetual Alms were confirmed by civil Laws and Episcopal and such as had not Voluntarily bestowed them were forced thereto by Laws and Statutes About the Year 900. strict Examination was made at Shrifts that is Confessions in these words Hast thou at any time neglected to pay the Tenth to God If so restore to God four fold and then must thou suffer Pennance with Bread and Water Twenty Dayes Selden After it was determined by Laws Canons and Decrees of Kings Popes Councils and Bishops That every man ought to pay Tythes yet the Owner had Liberty to confer it where he pleased whereby Abbeys and Monasteries were wonderfully enriched till Pope Innocent the third in or about the Year
Sin-Offering Burnt-Offering Trespass-Offering Wave-Offering as for the Heave-Offering in Gospel-days I have shewed my Judgment that Tythe was a legal Type Figure or Shadow peculiar unto the Ministration of Moses and that it terminated with that Ministration I might add the Judgment of many several of whom have been eminent in the Protestant Church who have spoken to the same purpose The payment of Tythes saith Fulke as it was a Ceremonial duty it is abrogated with other Ceremonies by the Death of Christ On Heb. 7.4 Further neither did Christ our high Priest ever make claim unto Tythes nor his Apostles Minister of the Church but only to a sufficient living by the Gospel to be allowed of their temporal Goods to them from whom they had received Spiritual things Fulke on the same Walter Brute a valiant opposer of Popery shewed that Tythes were Ceremonial and that the Law was abrogated by which they were due to the Levites his Testimony is I marvel that you learned Men do say That Christian Folk are bound to this small Ceremony of the payment of Tythes For a Conclusion he saith Seeing that neither Christ nor any of the Apostles commanded to pay Tythes 't is evident neither by the Law of Moses nor by Christ's Law Christian People are bound to pay Tythes but by the Tradition of Men they are bound Fox Acts and Mon. The Quota or tenth part saith Melaneton is founded on the Ceremonial and Judicial Law which Laws are proper to Moses Polity and belong not to us seeing God hath utterly destroyed it De Lib. Christian pag. 303. Epiphanius about the Year 380. intimated that Tythes and Circumcision were a like Ceremonial He mentions Tenths for one of his instances of legal Shadows making them equal with Circumcision Lib. 1. Ord. 8. Oecolampadius on Ezek. 44. ranks Sacrifices first Fruits and Tythes altogether making them equal with Circumcision and calls them expresly Ceremonial The Bohemians sound Protestants in their Testimony against the Popish Clergy said thus They receive Tythes of men and preach that men are bound to pay them but therein they say falsly for they cannot prove by the New Testament that Jesus Christ commanded it nor the Apostles neither did they receive them This Precept of the Law say they had an end by Christ as the precept of Circumcision Christ said Give Alms of those things that remain but he said not Give the Tenth of the Goods which ye possess This is the sum of their Testimony on that account Andrew Willet a stout opposer of Popery in the reign of King James called the Law of Tythes Ceremonial acknowledging That men are not necessarily bound by the Law of God to pay Tythes now Further he saith That the payment of Tythes was a wise and politick Constitution and might conveniently be retained yet it is not now of necessity imposed upon Christians as though no other Provision for the Church could serve but that Willets Synops Papismi pag. 314 315. He acknowledges Tythes to be Ceremonial and proves them ended with the legal Priesthood So that though Maintenance it self be Moral yet the mode or manner of that Maintenance as by Sacrisices Oblations Tythes first Fruits c. may be Ceremonial Hebrews 7.5 12. An absolute Repeal of that Law which gave Tythes as of the Priesthood to whom by that Law they were given To conclude Hales Aquinas Henricus de Grandavo R. de Media Villa Cardinal Cajetan John Mayer Suarez Malder and others said That the tenth part paid by the Tribes to Levi was rather Ceremonial then Moral and wherein the Ceremoniality of it lies the clearly seeing Eye cannot but discern CAP. XVII Of the Clergies Humane Title unto the Exaction of Tythes THe Patriarchal Levitical and Evangelical Claim not securing in order to the property of Tythes not a few betake themselves to a humane Claim as unto an impregnable Fortress and such as have recourse unto man for a ground to justifie them in the Possession thereof their pleas are various Some plead the Decrees Canons and Constitutions of General Councils Popes Bishops Convocations saying That Tythes are due jure Eeclesiastico Others plead the Gifts of Kings and Princes Others plead the temporal Laws of Kings Parliaments c. Others plead the perticluar Gifts Appropriation or Donation of the former Owners of the Land Others plead a Right by purchase I Answer These Claims have been perticularly answered and that again and again So I say in the general How can humane Laws made for the payment of Tythes since Christ came in the Flesh bind the Conscience of any man Seeing the end scope purpose intent and tendency of those Laws are for the establishment of that which Christ put an End unto whose prerogative it is to have Rule Regiment Government in all where the Mystery of Faith is held in a pure Conscience Gods own Law for the payment of Tythes to the Levites being dissanulled by Christ and its burden of typical Appurtenances abolished Who is Man that makes a Law in that place where God dissanulled his own Who hath impowered man to raise a compulsary Maintenance it being Christ's Maintenance for his Ministry was free and voluntary After Austin brought the Romish Faith and Doctrine into this Nation upon what strange accounts Tythes came to be set up and established I have in some measure touched and further and. Athelstane King of the West Saxons about the Year 940 to pacifie the Ghost of his murthered Brother Edwin to whose Death he is said to have consented underwent seven Years Penance built certain Monasteries and made a Law for the payment of Tythes hoping thereby to expiate his Sins Fox Acts and Mon. King Edgar cruel to Citizens a deflowrer of Virgins concerned in the Act of shedding the Blood of Earle Ethelwold that he might enjoy Elfrida his Wife to expiate his Sins about the Year 959. he confirmed the payment of Tythes built and prepared several Monasteries and Nunneries Canutus the first Danish King being guilty of the Blood of Edward and Edmund Sons of Ironfide Heirs to the Crown about the Year 10.6 confirmed Tythes and built the Abbey of St Bennet in Norfolk and in Suffolk and the Monastery of St Edmund whom he dreadfully feared being often affirighted by the apparition of his Ghost for which cause as also to expiate the Sins of his Fathers he Confirmed Tythes See Osburns Case of Tythes Upon such accounts as these and other Idolatrous ends the grand Oppression and Antichristian exaction of Tythes had entrance into our English Church professing Christianity and such Donations as these are pleaded yea and by such as would be accounted Reformers from the Delusions of mystical Babylon from the Dregs of the apostatized seven-hilled City and her Adherents yea and such Donors were and are reckoned as Nursing Fathers to the Christian Church And such as strengthen themselves for the maintaining of that grand Oppression have the Language of Peter in their Mouthes against such as