to have as much if not more right over the Churches Revenue than his pretended Holiness had He wisely demolishes the Abbeys and impropriated the Popes Appropriations or ra her re-imbursed the Tenth to the Lay-Nine parts again from which they were at first extraâ—â—ed and so the Tenths became Lay possessions in England again as well as Charles Martel had made them in France Thus we have impartially drawn down the Genealogy of Tythes from the Jewish to the Roman High-Priest and from Him and His Constitutions Ecclesiastical to these our present Days Now to make some coherent Deductions from all the Premisses I shall draw this Conclusion That since the Primitive Institution of Tythes was onely Judaical and peculiarly designed for that Nation upon a Temporary Precept since they were paid at the first to the Levites who were not to touch the Priests Office lest they dyed and not to the Sons of Aaron since amongst the Jews themselves there was no Civil Law nor coercive power for the recovery of them since they were not appropriated to the Levites onely but extended to the relief of the poor and distressed Widows and Orphans since the Judaical Priesthood was totally changed at the coming of our High Priest and not onely their Ceremonies but all other their Laws Rites and Customs extinguish'd and abolish'd thereby Since Tything was no way mention'd much less used in the Primitive Churches since it was the Pope only that re-introduced them and preach'd up the Judaical Ceremonies and their Decimal Contributions again and at last enforced them upon us by his Ecclesiastical Courts as a Duty and gratified at his pleasure some of his Beloved Orders with Exemption from the same since all our Laws made for the payment of the same have been made by Papistical Parliaments or those Popishly Prelatically or Presbyterianly affected or Impropriators themselves as parties and lastly since Tythes are an exaction more unjust irrational and unconscionable in this Commonwealth of ours as I shall hereafter make appear certainly all moderate and indifferent persons must needs be evinced that our Clergy at this day have small Interest or Title much less any Divine Right Claim or property to them But because we have undertaken the stating and determining of so great a Controversie as this is we shall not rashly pronounce Judgment nor give a definitive Sentence against Tythes till we have summon'd in the parties concern'd that you may hear what these Spiritual Usurpers and their Advocates can say for themselves to confirm or uphold this their fading Title These Spiritual Defendants their Advocates therefore say that Tythes are payable to the Clergy by a five fold Claim and Title viz. 1 Jure Divino 1 Divine Right 2 Jure Ecclesiastico 2 Church Right 3 Jure Donationis 3 Guift Right 4 Jure Civili 4 Legal Right 5 Lege Praescriptionis 5 By prescription Those Church Advocates that undertake to defend them to be Jure Divino produce these Scripture Evidences 1 That Abraham paid Tythes to Melchisedeck which was before the Levitical Law and Christ was made a Priest after the Order of Melchisedeck Ergo 2 Jacob vow'd the payment of Tythes Gen. 28. 22. as of a Tribute due to God Ergo 3. That the Tribe of Levi had them paid by God's peculiar Commandement by the Law of Moses And Malachi chap. 3. ver. 9 10. Ye are cursed with a Curse for ye have robbed me yea even this whole Nation saith the Lord Bring ye all the Tythes intothe Store-house that there may be meat in mine house Ye Tythe Mint and Cummin Luke 10. 7. saith our Saviour as a thing he approved of also 1 Cor. 1 13. With many other such like places in the New Testament which plead for Ministers maintainance The Heat of all which Objections I think I shall cool and allay with these mild ensuing Answets First To the first I answer that the Tythe that Abraham gave to Melchisedeck at the famous interview of those two great Personages was a Gratuity and not any accustomary Due or Tribute for I never read that He paid any before or ever after to him That was also a Tenth onely of the spoyls and plunder that he had taken from the Tetrarchs or four Kings before mentioned and not any Tenths of his own either personal or real Estate And the Apostle to the Hebrews avouches it to be so for the Original words there chap. 7. ver. 4. are {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} the Tenth of his spoyls or of the principal and prime goods of the Heap And the Learned Josephus a Jew himself and therefore one who could best interprâ—t the quaâ—â—ity as well as quantity of Abraham's Offering sayes it was {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} the Tenth of what was gotten by the War and so not any Praedial or personal Tythes or Divine Tribute whatsoever Secondly As for that of Jacob it was onely a voluntary and conditional Obligation of his and not any Customary Tribute or necessary Duty for if so he was bound to perform Tything whether he bad vow'd or no and whether the Condirion of God's part had been performed yea or no But suppose that Tythes were a Sacred Tribute commanded by God himself to be paid by Jacob this proves nothing that they ought to be paid since our Saviours appearance No more do the other Texts of Malachi or any other part of the Old Testament Thirdly As for the Texts of the New Testament as Luke 10. 7. 1 Cor. 9. 13. or any other Evangelical Evidence whatsoever they neither joyntly nor severally simply nor comparatively prove that our Saviour nor his Apostles have by any Evangelical Precept precisely appointed any such quantum or measure as a tenth portion of our increase or profits to be paid to the Evangelical Ministry All that can be squeez'd out of any of the Texts there is that a proportionate competency and handsome maintainance may be given to the Gospel Ministry that so the Ministers of the Gospel may live of the Gospel which we shall not with hold from an honest godly and sincere Clergy that they may live as well of their Gospel as the Ministers of the Altar did of the Altar 2 To those who claim Tythes by an Ecclesiastical Right or Church Property estabâ—isht by Popes General Councils Synods Conclaves and the like and their Decretals Constitutions Canons c. To these I shall need to say no more but that the Primitive Church of Christ had no such Cuâ—â—om amongst them Besides since we have discarded the Popes Supremacy few of the Prelacy or Presbytery either will own this Objection 3 Some whose Wits will needs go a Wool-gathering will challenge them by a right of Donation which is as poor a Plea as may be for what Right hath any King or Ruler because Lord Paramount to give the Tenth of the Increase of my Labours or at worst by the same right that he gave them why may not his Successor revoke
Tumulus Decimarum OR THE HISTORY OF TYTHES From their Nativity to this present Day of their expected Ruine and Downfal 1659. Qui stultescit Stultescat adhuc By H. P. LONDON Printed for Giles Calvert at the Black-Spread Eagle near the West-end of Pauls 1659. Tumulus Decimarum IN the Division of the Land of Canaan the Levites had no part or portion of the Land set out or alotted for their Tribe but instead thereof God gave them a Tenth of all Israel for an Inheritance The Levites were divided into 4 sorts or kinds Aaronites in which Line the High-Priests Office onely continued Koathites These were appointed over the Tabernacle to attend it and the Utensils thereof and these men onely received Tythes from the People Gershonites Mararites None of the Tribe of Levi exercised the Priesthood but onely those that were lineally descended from Aaron And as the Priests Office was distinct from that of the Levite so was their maintainance also distinct for the High-Priest had a Tenth of the Tenth deliver'd to him by the rest of the Levites besâ—â—es his Official Fees of every Sacrifice as Deut. 18. 34 Numb. 18. 11. He had also the first Fruits but in what quantity the Owner pleased to give him Numb. 18. He had also the first born or their Redemption's with a fifth part added as a Surplussage Exod. 13. v. 2. Chap. 34. v. 19 20. Levit. 27. 26. Nay further the Priests had divers other advantages for the increase of their maintainance besides the Super-Tenths First-Fruits and Primogenitures viz. all things to be restored when there was known no right Owner Numb. 5. 8. Also they had their share in the second sort of Tythes which were to be spent in feasting in Jerusalem Deut. 14. 23. And also in the third sort of Tythes which were Triennial and laid aside every three years for the Levite and the Poor Deut. 14. 29. Now when this moving Church I mean the Tabernacle was at last fixed in the Land of Canaan and Solomon had converted it into a glorious Temple new Officers of the Levites were constituted as Porters Singers Treasurers with their under Officers c. The Progeny of Aaron also then increasing was divided into 24 Ranks or Orders and every one to serve in course and burn Incense by turns 1 Chron. 23 24 25 Chapters At last in the fulness of time when our second High Priest the Lord Jesus appeared who sprang from the Tribe of Judah and not of Levi and who was made a Priest not after the Law of a Carnal Command but after the power of an endless life and who disanulled the Commands going before as the Author to the Hebrews emphatically expresses it Heb. 7. He put a full end and period to all the Ceremonies of the Levitical Ministry to Circumcision the Passover all Sacrifices Ordinances yea and Customary Laws and Maintainance too of the old Aaronical Priesthood for since the Priesthood is changed the Law must needs be changed also Heb. 7. 12. Neither did He or his Apostles in the least go about to maintain or establish Primitials Tyths Super-Tenths Primogenital Redemptions or any other Levitical setled Maintainance or Deodands whatsoever but freely lived of the Free will Offerings and Retribution of the Saints which had a Community of all things amongst themselves as Acts 4. v. 32 33 34. Acts 11. v. 29. But a little while after the Apostles themselves ordain'd that every man possessing his own Estate Weekly Offerings for the Saints should be made proportionally as God had blessed them 1 Cor. 16. 1 2 3 c. By these Examples Monethly Contributions came in Custom in the Primitive Churches as may at large be seen by Tertulli Apologet. Chap. 39. Euseb. lib. 4. chap. 22. A while after that by these Examples enlightning the pious Intentions of our Fore-Fathers Lands began to be given to the Church-Treasury to be disposed of to pious uses as persons necessitated Widows Orphans and the like The Priests themselves having Food and Rayment according to the Apostle were to be content therewith Concil. Antioch An. 340 Chrysostome who lived 400 years after Christ speaks not the least of Tythes Their first re-introduction or resurrection was about Anno 800. or 900. when the Popes and their Councils began to be in power and began to transform their High Priest the Pope into the old Garb and Roabs of Aaron with his Crown Miter Surplice Ephod Canonical Girdle Scarlet Robes Tippet and the like just as old Aaron was apparel'd to whom as to Aaron also they cry'd up first-fruits Tythes and such like Jewish Contributions to be due even Jure Divino Nay and that his Holiness might want nothing of Aaron's Formalities their Cathedrals with Altars Candlesticks Lavers Fonts Organs Choristers Porters Treasurers and such like Nenethims of our Days with all the Judaical Ceremonies and Bravery were erected so that they seem'd not long ago to act the Jew better than the Jews themselves do in their own Synagogues The Pope having got this Spiritual Revenue annexed to his Church and Popedom as an Eternal Property He began now to make proportional Subdivisions in Parishes and restrain the payment of Tythes to such and such Parochial Churches not onely to limit the Charity which before lay in common but he begun then also to introduce his Appropriations and to entail certain Church Livings to one certain Succession of Spirituall Men and so to uphold his Monasteries Priories Abbies Nunneries and the like He drew off the Tythes of many large and fruitful Parishes and appropriated them to such and such pâ—râ—icular Monasteries exempting also such Lands as the Monks held in any place from being Tytheable to the Incumbents of the said Parish Thus the Templars and Cistertian Order and others came to be Tythe free for He who usurp'd their first Impasition might well stretch his power to their Exemption Nay see how his pretended Holiness stretches his Usurpation for having gotten the praedial Tythes that is the Farm-Tythes or increase of the Earth and First-Fruits into his Clutches He could not be content with that but He must plead for Personal Tythes also to be Jure Divino and challenge a Tythe from all mens Callings whatsoever whether Mechanical or Theoretical as may be seen in the Decretals of Pope Gregory the 9th 123. But then though it was generally believ'd that the Tythe ought to be paid and that the misguided zeal of our Forefathers had wrought them into that Creed yet were they not yet restrained solely to Ecclesiastical uses but to the relief of widows Orphans and the Poor as in our English Statutes also at large doth appear Nor was any man's charity limited to this or that place but he might give his Tenths or Lands whither he pleased and that made many of our Abbies in England inricht with far-off Gratuities and Donations as may amply be seen in the late Monasticon Anglicanum Lastly Harry the 8th perceiving the Popes Usurpation and knowing himself
them and how can a primitive Injury be made good by Succession or a Traductional Custom validate and make that good which was injurious and compulsory in its first Institution 4 Others therefore claim this Revenue by a Civil Right and Temporal Laws of this Land made and confirm'd by severall Kings and Parliaments and by this means they say they have as good Right and Title to the Tythes as others to their Free Rents Lands and possessions To these I answer That the Law is the Conservator but not the Giver of Right and Property It gives nothing but commands a quiet enjoyment of what was before given Besides they are no Tythes if they be called a Temporal or Civil Right but rather Rent-charges or Lay-fees whereas I have demonstrated before that they were always demanded and acknowledged and received as Ecclesiastical Rights and Dues But if they be Temporal Rights I hope none will deny but if a Temporal power first ordained them a Temporal Power may likewise disordain and reverse them I shall therefore conclude all with these few Queries which I shall leave to the Decision of every indifferent and unprejudic'd Reader 1. If these Spiritual Rents or Tythes must continue should they not I pray you be paid according to their Primitive Institution and to the end for which they were first commanded that is for the use of strangers Fatherless and Widows and to the Officers over Cathedrals Churches and Chappels which are the Koathites Goershonites and Mararites of our days and not to any Priest or Parson at all who are onely to receive a Super-Tenth from them 2. If the Entail of this Church-Inheritance cannot be cut off by Man but by God onely why should not the First Fruits also be paid to the Ministery which of old was Aarons sole properly and his Successors peculiar Inheritance And why I pray you should these first-fruits be now reduced to a certain and determinate value which before was appointed as a voluntary Retribution and in what measure and quantity the Owner pleased to give to Aaron and the Priesthood 3. If the Tythe according to all the Levitical Formalities and Rites must be paid why should not the second and third as well as the first Tythes be paid to them with all other Sacerdotal and Official Fees as Redemptions Fifths Deodands and the like Nay why should not their Cities and fair Suburbs be assigned and set out apart for them as was of Old Numb. 35. 5. and then farewel Nobility and Gentry we should all be trampled on presently by the surmounting Clergy For What a vast Revenue would even the Redemptions of our First-Born be in such a populous Nation as ours is especially if both Poor and Rich should pay alike as of Old they did And all this would but run in as one stream into the Church-Corban or Treasury which none might pick the Lock of but St. Peter's Keyes that is the Clergy themselves to make use of all their pleasure which I am afraid would employ it to little better ends than the old Pharisaical Priests did their Coâ—ban out of which it should seem they took the 30 Pieces of Silver with which they hired Judas to betray our Saviour with Else â—fter Judas his Recantation and Restitution of them why should it be disputed Whether they should be returned and repayed thither again or no 4. If Tythes must continue why should not that branch or part of them that has lain so long under alienation from H. 8. till this day be restored and a re-appropriation made of all the Impropriations whatsoever nay and all the Ecclesiastical Revenues of Cathredrals Abbyes Monasteries Nunneries Covents and the like be restored to the Primitive Uses again and all the Popish Exemptions themselves be exempted and then if all Tythes were paid in kind and by all men whatsoever and a Restitution of all Alienations whatsoever instead of having a Church in England we should have all England in a Church 5. If the Tenth of every mans Increase should be given to these men of God why should it be of the praedial Tythes or visible Increase onely and so the poor Husbandman especially in all Lands less fruitful than that of Canaan be the deepest pay-master is it not meet that in great Cities and places of Commerce and Trade where Lands are the least part of their subsistency and where the â—oor Farmer makes one peny profit they get ten is it meet and rational that these men should go Scot-free and not pay the Tenth or at least some competent part or portion of their Profits as well as the Farmer and Copyholder a Tenth of his Increase For if the old Leviticall Tribute must continue certainly Traâ—…es mens personal Estates as well as Husband-mens real and apparent Increases should proportionally contribute yea and by the Example of Melchisedeck should not all Military spoyls also both by Sea and Land be Decimable And if our Parsons got but once setled in a Right of both praedial and personal Tything they would soon turn as great Exactors as the Pharisaical Tythemongers of Old that spared not the very Mint Anise and Cummin and such poor Hearbs of the Garden but would needs decimate the Goodwifes-Husbandry therein Nay if personal Tything obtain would they not have think you a Tythe of our Brains and Sâ—udies as well as of our Mechanical Labours and Handyworks and then it will be past jesting with Tully who says He never knew any man that vow'd the Tenth of his Wit and Discretion to God Hercules Sixthly and lastly Whether the Mosaical Institution of Tythes and the payment of them by Israel after their settlement in the Land of Canaan was not a more equal way than it can be in our Land of England Theirs being a Land which super-abounded with Corn Wine Milk and Honey and a compleat affluence of all things and so was no great charge and trouble to the Countrey Farmers or Occupyers of Land there Whereas ours for the greatest part of all England being so wild barren and naturally unfertele that the Tythe of many a mans Increase is more then the Rent of all his Lands Nay and many mans pains charges and expences in manuring liming plowing sowing and Renting of his Grounds above the one moiety of his whole years Increase and profit And is it not Reason and Conscience yea both that if I pay a Tenth of my Increase to the Parson He should re-pay or deduct a Tenth of all my necessary Charges and Expences whatsoever disbursed towards the production of that Increase FINIS