us at this day wherein he will finde the knowledge of these things will be useful First That amongst the Jews tythes were paid to the Levites that did the common services of the Tabernacle and Temple and not to the sons of Aaron the priests for they had onely a tenth part out of the tythes and therefore he that pleads for tythes from the Mosaical Laws of tything had need consider how the payment of tythes to Ministers succeeds to the payment of tythes to the Levites who were not priests nor were to touch or meddle with that holy Office least they dyed 2. That amongst the Jews no outward Law was appointed for the recovery of tythes but he that did not pay them robbed God and by him onely was punished 3. That the tythes were not for the Levites onely but for the stranger the fatherlesse and the widow who were to eat thereof and be satisfied 4. That when the Levitical priesthood was changed by the coming of Christ Jesus the law for tything was also changed as Paul writ to the Hebrews for it is evident that in the beginning of the Church for the first 300. years while the purity and simplicity of the Gospel was retained no tythes were paid amongst Christians 5. That as the mysterie of iniquity began to work and mens imagiginations were taught instead of the Doctrine of Christ divers men fetching their ground from Moses writings began to preach that tythes again ought to be paid 6. That those that first preached up tythes pressed the payment of of them not for the maintenance of a Ministry onely but chiefly for provision for the poor and needy 7. That in the first practice of the payment of tythes they were not paid as tythes but as free offerings at the bounty of the giver and not as answering any law that required the tenth part and so more properly were called offerings then tythes 8. That notwithstanding any Doctrines preached it was not a received Doctrine that tythes ought to be paid till about the year 1000. that the Pope had set up his Authority and usurped Dominion over the greatest parts of Europe and almost all Emperors Kings and Princes brought in subjection to him and his innovated superstirions 9. That notwithstanding the strict commands of the Pope no outward compulsary Law was made by the Pope or his Councils to enforce any to pay tythes but onely their excommunication 10. That tythes were alwayes accounted an Ecclesiastical duty and therefore by Ecclesiastical Courts were tryed and judged and til the dissolution of Abbeys c. were never called a Civil Right 11. That tythes were brought in as a duty owing unto God and were so required and enforced and therefore all laws made for the payment of tythes takes that for their ground and not any civil property or right in him that claims them 12. That till the year 1200. or thereabouts it was the common practice for every one to bestow his tythes where he pleased 13. That from such Arbitrary dispositions Abbeys and Monasteries came to be so richly endowed with Tythes and Rectories 14. That all exemptions from payment of tythes came from the Pope 15. That first fruits and tenths are but a late innovation and claimed by the Pope as Successor to the Jewish High-Priest as Cook in the third part of his Institutes also testifies 16. That tythes are the same thing whether claimed by an Abbey or Impropriator or a Priest and stand upon the same ground and foundation and differ nothing but in the person that possesseth them 17. Here also the declining State of the Church to corruption error may be clearly discerned traced for as the power of truth was lost so was the fruit thereof which caused such earnest pressing to needful contributions when that would not serve Laws Decrees were made to force them But in the beginning it was not so for while the purity and simplicity of the Gospel was retained there needed no pressing for their charity then abounded not onely to the tenth part but far greater parts as the needs of the Church required 18. That the right of tythes was never cleared but remained in controversie even amongst the greatest Papists and in all ages there were those that withstood the payment of them And many of the Martyrs for that amongst other things suffered in flames These things thus premised I shall briefly state the great Case and Question at this day chiefly controverted concerning tythes as claimed and paid in England The Case Whether any person have a true and legal property in the tenth part of another mans encrease now commonly called tythes The terms are plain and need no opening yet it is needful to declare why the Case is thus stated for the great Question rather seems to be Whether tythes be not due at this day That may be due to another wherein yet he may have no legal property as Custom Tribute Taxes which are to be paid because commanded by the State and though Law and Equity obliges the payment yet is no distinct property in him that commands and so tythes may be supposed to be due because so many Laws have been made for payment of them though the person that claims them may have no particular interest or property therein other then is derived from the command But now in England tythes are not onely claimed by vertue of divers Laws but also as being a distinct property severed from the property of the nine parts And if this could clearly be evinced all scruples of conscience were answered for if a true and legal property be in another person to the tenth part of any encrease I ought in conscience to yeild and set it forth because it is not mine and then the Name of tythe as having in any measure relation to the Jewish priesthood or popish Clergy were at an end but as a debt it ought to be truly paid to the proprietor Many things have been said and much written to prove such a property the substance whereof as far as hath come to my knowledge I shall briefly sum up under these general Heads as also the grounds of those who claim them to be due and yet plead no property which being the lesser may be fully included and answered in the other Several Claims made for tythes and a legal property therein set down and answered 1. The first claims tythes to be due jure divine and produce the Law of Moses for it it 2. Others say that as to the quota pars viz. the tenth part tythes are not now due by the Law of God onely the equity of the Law is still of force which obligeth to afford a competent maintenance for the Ministry but doth not bind to the certain quantity 3. Others there are who plead the Decrees Canons and Constitutions of General Councils Popes Bishops Convocations and these say that tythes are due jure Ecclesiastico Vnder these several Claims or
some of them have tythes been demanded and paid since the dark night of Apostacy overspread the earth under the Papal power till the Popes Supremacy and Religion was cast off in England and where the popish Religion is professed they are now by the same demanded and paid But now of late in England now Claims are made and the old pretences seem too much to savour of the popish Leven and therefore a humane right is pleaded which I shall briefly bring under these few heads 1. Some plead the gifts of Kings and Princes who were Rulers of the people as Ethelwosph c. 2. Others plead the temporal Laws of Kings Parliaments c. 3. Others plead the particular gifts appropriation consecration or donation of those who were former owners of the Land 4. Others plead prescription and a legal right by their possession 5. Others plead a legal right by purchase And besides these I never heard or read of any other pretence for tythes though I have diligently for two years and more laboured to inform my self fully what could be alledged for them To begin with the first Those that say tythes are due by Divine Right Some of them say That the Law given to Israel for payment of tenths to the Tribe of Levi doth also oblige Christians to pay tenths to their Ministers as succeeding in the Priests Office Ans To such it is clearly answered That the priesthood which had a commandment to take tythes being changed by Christ Jesus there is made of necessity also a change of the Law and now the priesthood is no more committed to the natural off-spring of Levi or any other tribe but to Christ Jesus the unchangeable priesthood whose Kingdom stands not in figures and carnal Ordinances but is the Substance of what that was but a figure And it is clear the primitive Church were assur'd of it who for some hundreds of years and till the mysterie of Iniquity began to work never called for the payment of tythes as is before plainly proved And how doth a Gospel Ministry succeed to the Levites who received tythes but were not priests much more colour had the Quiristers Singing-men and the rest of the Rabble brought into the late Cathedrals to claim them and onely to pay out a tenth part to the priests as the Levites did Others say That Abraham paid tythes to Melchisedec which was before the Levitical Priesthood and Christ Iesus is made a Priest after the Order of Melchisedec Abraham returning from the slaughter of the Kings was met by Melchisedec who brought him bread and wine and Abraham gave him the tenth of the tythes but what is this to the payment of tythes unlesse it oblige the Souldiers for it doth not appear that Abraham paid the tenth part of his own increase nor doth it appear that Abraham gave the tenth part at any other time and how will this prove a yearly payment of tythes to Ministers And what if Iacob gave tythes how are either of these examples more binding then any other of the good acts that either of these holy men did Object If it be said that Jesus Christ said ye tythe minâ— c. these things ye ought not to leave undone It 's answered that Jesus Christ then spoke to the Jewes in the time when the Levitical priesthood was not ended who were bound by the Law so long as it was of force till he was offered up and said It is finished But though Divine Right hath been of long pretended few are now left who will onely stand to it and the generalitie both of Lawyers Priests and people are of a contrary minde For if Tythes be absolutely due by the Law of God no custome usage prescription priviledge or popish dispensation can acquit from payment of the utmost peny of the tenth part but scarce the tenth person in England payeth Tyth in kinde and many plead they are tythe-free and pay none at all and others very small matters and so the greatest part of the people of England deny Tythes to be due by Gods Law Again if Tythes be due by the Law of God then is it to the end for which they were commanded for the Levites the Strangers the Fatherless and the Widows all therefore who plead for Tythes by Divine Right must not pay them to an Impropriator for by Gods Law he cannot claim neither ought any Impropriator of that minde to receive them And of late yeers it was by Rolls Chief Justice adjudged in the Vpper Bench That Tythes are not now due by the Law of God 2. To the next those that plead the Equity of the Law is still of force These plead not for Tythes properly but for a comfortable maintenance and by way of Tythes as they suppose most convenient c. And these bring many Scriptures in the New Testament that he that labors is worthy of his hire he that preacheth the Gospel ought to live of the Gospel let him that is taught communicate to him that teacheth and the like And to such I say that not onely the Equitie of the Leviticall Law for Tything the Doctrine of Christ Jesus and his Apostles do binde but even from natural thinge we are largely taught our duty therein No man muzleth the mouth of the Oxe and no man goeth a warfare at his own charge and he that plants a vinyard eats the fruit thereof And herein it is agreed that the Ministers of Christ Iesus who are called to his service and labour in the Word ought to be comfortably provided for that they go not a warfare at their own charge But this doth not require that the world which lies waste as a Wilderness and is not of the Vinyard should contribute much less be compelled to give a certain portion of the fruits of their labours towards the maintenance of Christs Ministers And these grant that every man is the sole owner of his own labour and possession and though by another he may not be compelled for such sacrifice God abhors yet ought every one freely to glorifie God with his substance to strengthen the weak hands and feeble knees and to give to him that teacheth those things that are needfull and such cheerfull givers God accepts And this leaves every one free to give to him that teacheth not binding to the maintenance of those who have lesse need then the giver or of those who are transformed as Apostles and Ministers of Christ who have the form but want the power who teach for filthy lucre keeping ever learning but cannot bring to the knowledge of the truth And of such as Christ Jesus sent forth he alwayes took care and they never wanted but they reaped the fruits of their labour and eat the fruits of their own Vinyards which they had planted by the Churches who were gathered out of the world were they maintained to preach the Gospel to th world unto whom they would not make the Gospel chargeable or burthensom which
that Law is made and here is the ground of the Law not any property or civil right in priests or others and therefore if the Law require them as due by Divine Right he that saith they are onely due by humane right cannot claim them nor ought to recover them by that law for he claims them by another right and for any man to claim that by humane right from humane law which commands them as due by divine right is but a meer deceit And that law of H. 8. and the rest did upon any civil ground set up or constitute the payment of tythes but takes it for granted that tythes are due to God and holy Church and therefore the foundation of the law being taken away that they are not due to God and holy Church the law falls to the ground for the law not making them due but supposing them due by a former right if they were not so due the law cannot be binding That tythes were never till now of late pretended a civil right is plain for as they were imposed by the Pope so were they tryable in his courts and those very laws made by late Parliaments did appoint them to be tryed in the Ecclesiastical courts and restrained the temporal Jurisdiction as the Acts themselves testifie But what is the property that is now claimed is it in a person that cannot be for the priest hath them not till he enter his Office and when he parts with that he loseth his tythes So the priest hath no property but his Office and what is that it was a popish Office when tythes were first paid to it and how comes the property to continue now the Office is laid aside and the Pope that set them up But how can a civil right or property be pretended when the Author was the Pope The end for a called spiritual Office and recovered in an Ecclesiastical called Court are not these covers grown too short And in the Act of 32 H. 8. tythes are called Spiritual Gifts and there of impropriate tythes sold after the dissolution it s said they are now made temporal And before that time it was never heard that tythes were called a temporal right But it 's further said These Laws were made by Parliaments the Representatives of the people And though tythes were not due before yet they might give tythes because their own they being the body of the people This would suppose a particular consecration or donation of the people not onely as in their Legislative capacity to bind themselves by a Law but by a particular Act of Free-gift but it 's plain the Act never intended any such thing for it gives nothing but commands what was before And as to the Law it self and all other Laws of Kings Parliaments Popes Councils Bishops and what ever else was by any man made for the payment of tythes since Christ Jesus came in the flesh joyned all together how do they all or any of them bind the conscience for if tythes be not due by the Law of God as is herein proved and almost generally granted Who hath set them up the law of man at best And who is man that makes a law in the place where God disannulled his own command is it better to obey man then God or is man grown wiser then his Maker Who put this power into the hand of man to raise a compulsary maintenance for Ministers That any Parliament have power to make any binding law for the maintenance of those they call Ministers for doing a work which they call Worship of God and force the people to submit to it the clear light of this age doth generally condemn for they are much more like to set up and maintain those who are contrary to Christ then Christs Ministers who never looked for nor durst own such a way of provision Will any say they have power from whom had they it Is it derived from the people that cannot be Have they any other power committed to them how is it as they are Magistrates If so the Turk and all infidel Magistrates have the like Or is it as they are Christian Magistrates then may not France Spain c. claim the same for what Nation in Europe will not say they have a Christian Magistracy though far the greater part of them be Papists And may not a Papist by as good right require and compel maintenance for his Ministers as H. 8. or any other could or can do But that I may not be mistaken as if I went about to take away the Magistrates power to raise Taxes Sessements or other charges for the service and defence of the Nation it is needful to distinguish between those things that are called civil and such as are called spiritual For civil ends and uses the people may give power to their Representatives to raise moneys or any other civil thing because in such things they are their own Masters But in matters of Religion and spiritual things no man can give power unto another to impose any thing upon himself or his neighbor for in those things every one is to be accountable unto God and to stand and fall to his own Master And thus we give unto God the things that are Gods and unto Caesar the things that are his paying tribute to whom tribute is due But as for all laws made in the will of man in the things of God and their heavy punishments inflicted upon such as cannot for conscience sake conform unto them they reach not the conscience and therefore make no sinne against God And as concerning the laws of K. H. 8. and Edw. 6. it may be considered some of them were made by a Popish King and Parliament and the rest in the glimmerings of light when men were but seen as trees and therefore to make their laws a Rule for this day of clear and Sun-shine light savours too much of the old Popish Spirit and is a shame to our reformation And if it be said Papists might and did make good laws It 's true in temporal things they did but not in things of Religion wherein they are differenced from us because Papists But were the law just in commanding tythes can it be equal to give double or trebble damage where they are not paid If any man be oweing a just and due debt no more by law can be recovered but what the Debt is besides the charges of the law How cruel therefore are these Laws and Ordinances which in a matter of so much just scruple require and impose the double or trebble value And how unrighteous are all such persons as by force of such laws receive them for if tythes were due is therefore the trebble value due because the law hath made that penalty Where is equity or justice in either The Pope and his Adherents did onely excommunicate the refuser till he conformed and till these late laws such penalties as imprisonment and trebble damage were
paid great summes of money for them and many of them have no other subsistance To these I answer That I have shewed before that in the root all tythe is alike whether it be now claimed by a Priest or an Impropriator and both must fall together And seeing those that sold them had no good title neither can theirs be made good which is derived from them But seeing it was the State that sold them and that the whole Nation had the benefit of their moneys it is equal and just when they cannot have what is sold that their moneys be repaid to which point I shall speak more fully hereafter in answer to an objection which I meet with in my way needful to be resolved And thus I have briefly gone over the whole matter and heard what every one can say and have returned them answers by which it doth plainly appear That no man at this day can claim tythe of another either by divine or humane right and that tythes are neither due by the express Law of God nor by the equity of that Law nor by the Decrees of the Church nor grants of Kings nor Laws of Parliaments nor gifts of the people nor prescription of the possessors nor the purchase of Impropriators It now onely remains that I answer some general objections which I shall do in as much brevity at I can and so leave the whole to the Reader The first is made by the State The second by Impropriators And the third by Parish-Ministers And all these together object and say That though it should be granted that the right of tythes cannot be proved yet if it be found that taking of them away will bring great losse to the Publique Revenue much damage if not ruine to many particular persons and families and great hazard of bringing confusion to the Nation by such a great alteration after so long a settlement and endanger the very publike professien of Religion by taking away Ministers maintenance and consequently Ministry it self it is not prudence for satisfying some to bring so many and great inconveniences upon the Nation These objections plead not for the right of tythes but against the removing of them to prevent inconvenience and if the one be granted that tythes are an innovated popish exaction and oppression and neither due by law of God or man such considerations as these ought not to obstruct the removal of so heavy a grievance and oppression but that which is just ought to be done which is a general good to the whole body and almost every individual member and then such parts as are sound grieved may be afterwards eased and relieved and though all these should in some measure suffer it were but just seeing their compliance with the oppressor hath brought such a general yoke and barthen upon the whole body and now they are become the onely obstructions of the general easement and publike freedom And yet a few words I shall answer to every one and first to the State which complains of a great losse by taking away first fruits and tenths which are paid out of tythes When the Pope had established the payment of tythes and set up a new Hierarchie after the pattern of the Jewish Priesthood he tooke upon on himself to be Successor to the Jewish High-Priest Ierom in Ezek. ch 44. v. 28. c. and claimed tenths from all his inferior priests jure divino and in processe of time he got to himself by the like colour first fruits also and though it was long ere he brought his work to pass in England yet at last it was effected you may by these following instances know how much our English Nation strugled against them The King forbad H. P. the Popes Nuntio te collect first fruits 2 Ed. 3. Rol. Claus M. 4. Parl. 1 Ri. 2. Nu. 66. Rol Parl. 4 R. 2. Nu. 50. The Popes Collector was willed no longer to gather the first fruits it being a very novelty and no person was any longer to pay them The Commons Petition that provision may be made against the Popes Collectors for levying of first fruits The King in Parliament answers There shall be granted a prohibition in all such cases where the Popes Collectors shall attempt any such Novelties Vpon complaint made by the Commons in Parliament Rol. Parl. 6. R 2. N. 50. the King willeth that Prohibitions be granted to the Popes Collectors for receiving of first fruits First fruits by Arch-Bishops and Bishops to the Pope were termed an horrible mischief 6 H. 4. Rol. Parl. 9 H. 4. N. 43. and damnable custom The Popes Collector were required from thenceforth not to levy any money within the Realm for first fruits The Pope thus claiming first fruits and tenths as annexed to his Chair Successor to the Jewish High-priest and Head of the Church continued to collect them till H. 8. discontented with the Pope though himself was a papist renounceth the Popes Supremacy and assumes it to himself and by Act of Parliament in 16. of his reign got first fruits and tenths annexed to his Crown as Head of the Church and so himself became worse then the Pope taking the wages but not doing the Popes work and that which before by Parliaments in height of popery was declared a damnable custom was now in the beginning of reformation made a foundation-stone to support the greatness of the new made Head Afterwards Q. Mary not daring to assume the Head-ship of the Church did relinquish and by Act of Parliament wholly took away first fruits and tenths she doing no work to deserve such wages And what a shame is this to our Nation and our great professions after so long talk of reformation now to plead for such wages of unrighteousnesse first exacted by the Pope and then by such as assumed to themselves the stile of Head of the Church upon that very account had them annexed to the Crown And shall we now who pretend to have cast off the Pope and left the Head-ship of the Church unto Christ worse like then Queen Mary uphold such wicked oppressions which are the ground of a great part of goods mens sufferings for tythes this day for the pretence of paying tenths is the ground of the many suits for tythes in the Exchequer where otherwise by law they could not nor ought to be recovered And as to the Publique Revenue I am informed they add not much thereunto but all or a great part of them are give in augmentations to Priests who no doubt will receive them without scruple though I know many of them not long since did complain against them as a popish oppression But take away tythes and there are as many Glebe-Lands ' will fall to the State as will fully make up that losse which they may as well take away as their predecessors did the Revenues of Abbeys and Monasteries and when the people are eased of tythes they will be better able and more
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
institutae And at this time no regard was had to the nature of the increase but whatsoever did arise in profit whether by trade merchandize or husbandry the tenth was required to be paid for tythes He preaching on Zacheus charity sayes Dedit proprium reddiâ—ic alienum Graviter ergo peccant qui decimas primitias non reddunt Sacerdotibus sed eas pro voluntate distribuunt indigentibus But still the people had more minde to give them for the poor rather then the priests as may be understood by the complaint of Pope Innocent the third who cryed out against those that gave their tythes and first fruits to the poor and not to the priests as haynous offenders his own words take in the margin Also a generall Council held at Lyons under Pope Gregory the tenth in the yeer 1274. Vt nulli hominum deinceps liceat decimas suas ad libitum ut amea ubi vellet assignare set Matrici Ecclesiae omnes decimas persolverent it was constituted that it should not thenceforth be lawful for men to give their tythes of their own pleasure where they would as it had been before but pay all their tythes to the Mother Church By these it may be seen that though the people who then generally were Papists did believe they ought to pay them yet were they free to dispose them where they pleased till these Popish Councils restrained their librrty Non sunt ferendi qui vaerijs artibus decimas Ecclesiis obvenientes substrahere moliuntur an t qui ab aliis solvendas temere occupant in rem suam vertunt cum decimarum solutio debita sit Deo qui eas dare noluerins aut dantes impediunt res alienas invadunt Praecipit igitur sancta Synodus omnibus cujuscunque gradus conditionis sint ad quâ—s decimarum solutio spectaâ— ut eaâ— ad quas dejure tementur in posterum Cathedrali aut quibuscunque aliis Ecclesiis vel personis quibus legitime debentur integrepersolvant Qui vero cas aut substahunt aut impediunt Exoommunicenâ—ur Nec ab hoc crimine nisi plona restitutione secuta absolvantur But the great Decree which speaks most plain and till which nothing was given foath which did-directly constitute them but rather still supposed them as due by some former right was made at the Council of Trent under Pope Pius the fourth about the year 1560. And yet that great Council followed the Doctrine of their Father and said they were due to God and had no new Authority for their great Decree which they command to be obeyed under the penalty of excommunication Having thus briefly run over the Ecclesiastical State abroad from the Infant-purity of the Church to the height of the Papal Domination and given a small glimpse through every Age to the point in hand I shall now more particularly return to what may concern this Natition I shall not trouble the Reader with a relation of Ioseph of Arimathea and his eleven Disciples coming into Britaine sent by Philip the A postle in the reign of Arviragus as Histories report nor of the conversion of King Lucius afterwards who is said to give great endowments to the Church Nor of the British Christians nothing at all appearing of the payment of tythes in their dayes But passing by them and those many years wherein the barbarous Saxons over-ran this Nation exercising most cruel persecutions till the very name of Christian was blotted out and those Heathens seated in the quiet possession of a sevenfold Kingdom in this Land About the year 600. or soon after Gregory the first new Pope of Rome sent over Augustine the Monk into England by whom Ethelbert King of Kent was converted and by him and his followers in processe of time other parts of the Nation and others of the Kings were also brought to their faith This Augustine was a Canon Regular and both he and his Clergy for long time after followed the example of former Ages living in common upon the offerings of their Converts those that received them were joined in societies in imitation of the primitive practice having such direction sent him by Pope Gregory that in the tendernesse of the Saxon Church he his Clergy should still imitate the community of all things used in the prituitive times under the Apostles that they might not make their Religion burthensom But afterwards having brought a great part of the Nation to their faith they began to preach up the old Roman Doctrine That tythes ought to be paid and having taught the people that the pardon of sin might be merited by good works and the torments of Hell be avoided by their charitable deeds it was no hard matter when that was believed to perswade them not onely to give their tythes but also their Lands as the outward Riches of those called Religious Houses then here and elsewhere may testifie for in this Nation they and the Clergy had almost gotten the third part of the whole Land and so besotted were the poor ignorant people that had not a Law against Mortmain prevented it a far greater part of the Nation had been in their hands As conceruing Laws and Canons for tythes amongst the Saxons it is reported That in the year 786. two Legates were sent from Pope Hadrian the first to Offa K. of Mercland and Aelfwolfe K. of Northumberland who made a Decree that the people of those two Kingdoms should pay tythes Also that Aethelulph K. of the West-Saxons in the year 855. made a Law That the tythe of all his own Lands should be given to God and his servants and should be enjoyed free from all taxes Great difference is amongst Historians about this Grant few agreeing in the words or substance of it as Selden shews some restraining it to the tythe of his own Demesne Lands others to the tenth part of his Land others to the tythe of the whole Nation At that time the Nation being under groat and heavy pressures by Danish irruptions intestive wars Promeae remedio animae Regni populi great spoiles and miseries he called a Council where were present Bernredus K. of Mercia and Edmund K. of East-Angles and they to remove the heavy judgements then over them grants the tythe of all their Land to God and his servants K. Athelstone about the year 930. K. Edmund about the year 940. K. Edgar about the year 970. K. Ethelred about the year 1010. K. Knute about the yeare 1020. Edward the Consessor and others of the Saxon Kings made several Laws for tythes as Histories report Quoniam Divina Misrecordia prâ—vidente cognovimus esse dispositum longe latique praedicante Ecclesia sonac omnium auribus divulgatum Quod Eleemosynarum largitione possunt absolvi vincula peccatoruÌ„ adquiri Caelestium praemia gaudioruÌ„ Ego Stephanus Dei gratia Anglorum Rex parteÌ„ habere voleus cuÌ„ illis qui felici commercio Caelestia
pro terrenis Commutant Dei amore coÌ„punctus pro salute animae meae patris mei Matrisque meae omniuÌ„ parentuÌ„ meorum antecessâ— ruÌ„ c. And so he goes on coÌ„firms divers things that divers had graÌ„ted to the Ch. as tythes other things The Normans afterwards entring this Kingdom and subduing it to themselves William the Conqueror confirmed the Liberties of the Church so did H. the first H. 2. K. Stephen and it may be others of the succeeding Kings did the like Some Episcopal Constitutions also have been made to the same effect by Robert Winchelsey Arch-Bishop of Canterbury and others That the Reader may understand the Princiciples upon which these men acted and the Doctrine then preached amongst them and received and believed I have inferted in the Margin the Preamble of a Grant of King Stephens Porvenie ad audientiam nostram quod Mults in Diocessitua decimas suas integrasvel duaspartes ipsarum non 〈◊〉 Ecclesiis in quarum parâ—chiis haebitant vel ubi predia habent à quibus Ecclesiastica praecipiunt Sacramenta pâ—rsâ—lvunt sed eas aliis pro sua distribuunt voluntate Cum igitur inconveniens esse videatur à ratione dissimile ut Ecclefiae quae spiritualia seminant metere non debeant a suis parochianis temporalia habere fraternitatituae Authoritate praesentium indulgemus ut liceat tibi super hoc non obstante contradictione vel appell atiene cujuslibet seu consuetudo hactenus observata quod Canonicum fuerit ordinare facere quod Statueris per censuram Ecclesiasticam firmiter obligare Nullt ergo c. Confirmationis c. Datum Lateran 11. Nonas Iulii But notwithstanding the many Laws Canons Decrees of Kings Popes Councils Bishops that every man ought to pay the tenth part of his encrease yet was it left to the owner to confer it where he pleased which made so many rich Abbies and Monasteries and till the year 1200. or thereabouts every one gave their tythes at their own pleasure which made Pope Innocent the third send his Decretal Epistle to the Bishop of Canterbury commanding him to enjoyn every man to pay his temporal Goods to those that ministred spiritual things to them which was enforced by Ecclesiastical censures and this was the first beginning of general Parochial payment of tythes in England I have inserted the Popes own words in the Margin as they are recorded by Cook in the second part of his Institutes who saith That because the Popes Decree seemed reasonable it was admitted and enjoyned by the Law of the Nation King and people being then papists This Decree of the Pope receiving all possible assistance from the Bishops and the Priests in whose behalf it was made did not onely in a short time take away the people 's then desired Right to give their tythes to those that best deserved them but did also so much corrupt the Clergy that in the time of R. the second Wick liffe our famous Reformer did make a heavy complaint to the Parliament which in his own words I have inserted for the Readers better satisfaction Ah Lord God! where this be reason to constrain the poor people to finde a worldly Priest sometime unable both of life and ounning in pomp and pride covetise and envy gluttoness drunkennesse and letchery in simony and heresie with fat horse and jolly and gay Saddles and Bridles ringing by the way and himself in costly clothes and pelure and to suffer their Wives and Children and their poor Neighbors perish for hunger thirst and cold and other mischiefs of the world Ah Lord Iesu Christ sith within few years men paid their tythes and offerings at their own will free to good men and able to great Worship of God to profit and fairness of holy Church fighting in earth why it were lawful and needful that a worldly Priest should destroy this holy and approved custom constraining men to leave this freedom turning Tythes and Offerings unto wicked uses That the meaning of these and the practice of this Nation in this matter may the better be understood it is needful to inform the Reader that when the Popes Doctrine was received in a Nation that Nation was divided into so many Bishopricks as were needful and every Bishoprick into so many parishes as were thought convenient and parishes are but of late erection and till then most Preachers were sent out of tho Monasteries and religious so called Houses and the people did at their own free will give their tythes and offerings where they pleased which liberty they enjoyed till about the year 1200. And though it was generally believed that tythes ought to be paid yet did no man claim any property therein but every owner of the nine parts was required to give the tenth part to the Priest or poor as due unto God But now the Pope having set up Parishes did enjoyne that a Secular priest canonically instituted should attend the service of each parish and that where tythes were not already setled they should be paid to the Parish-Priest notwithstanding any custom to the contrary the people then generally being Papists did yeild obedience as they durst not do otherwise and it may easily be supposed that having perswaded the people to pay tythes it was no hard matter to appoint the person to whom they should be given Parishes being set up Priests appointed and tythes paid to them after fourty years possession what before was owned as the gift was now claimed as a debt and prescription was pleaded by the priests as their just title the people then seeing themselves in a snare began to contend but the imperious Pope now in a great height of pride and insolence to uphold his Creature-Clergy thundred out his Interdict against this Nation excommunicaeted the King frighted the Subjects with his Bulls stuft with Commination and that against the very point of Arbitrary disposal of tythes And Rome now grown formidable did highly insult over Kings and Princes winesse Frederick Barbarossa Hen. the 6th and other Princes of the Empire and the Stories of our H. 2. and K. Iohn are obvious And our Rich. the first to gratifie the Clergy for their exceeding liberality in contributing to his ransom from captivity with great favour gave them an indulgent Charter of their Liberties and in this advantage of time the canon-Canon-Laws gained such force that Parochial-payment came generally to be setled Yet notwithstanding our English Parliaments not willing wholly to forget the poor for whose sake tythes were chiefly given did make divers Laws that a convenient portion of the tythes should be set apart for the maintenance of the poor of the parish for ever R. 2.15.6 4 H. 4. as the Statutes at large do witnesse The Pope having by these means brought in tythes and made a pretended title by prescription set up Courts to recover them which were called Ecclesiastical Courts where his own creatures were Judges
and here the poor people might easily understand what they might expect from them yet he that did not pay no great punishment could they inflict on him but excommunication out of their Church The Pope by all means willing to favour his chiefest props notwithstanding his general Decree could tell how to dispense with his own Lands at his pleasure and therefore frequently did grant exemptions to divers Orders to free them from payment of tythes witnesse the Hospitallers Cistercians Templers and generally to all I ands held in the occupation of the called religious Persons and Houses which is the ground of all those mens claims who have bought the Lands of dissolved Monasteries c. and say they are tythe-free When the Pope by colour of the Jewish Laws by which tythes were given to the Levitical Priesthood had gained an universal payment of tythes to all his Clergy in further imitation of that earthly Tabernacle he sets up a new building after the former pattern and therefore to himself he claims first-fruits and tenths as a Successor of the Jewish High-Priest fins also he undertook to pardon Cardinals also he appoints as Loaders of their Families Myters they were on their heads as Aaron did Synagogues they build with Singers Porters c. and into the sorm of the Levitical Priesthood they transform themselves thereby wholly denying Christ Jesus the end of Types and Figures to be come in the flesh Afterwards H. 8. King of England being a Papist and believing the Popes Doctrine as also did his Parliament that tythes were due to God and Holy Church made a Law that every one should set out and pay his tythes And seeing this is the great Law and the first of our parliament-Parliament-Laws for tythes and that upon which the rest are grounded I shall here insert the Preamble of it Forasmuch as divers numbers of evil-disposed persons having no respect to their dutyes to Almighty God but against right and good conscience have attempted to substract and with-hold in some places the whole and in some places great parts of their Tythes and Oblations as well personal as predial due unto God and Holy Church c. A second Law in his time was also made to the like purpose and in pursuance of the former and great reason he had and need there was for them for having dissolved many Monasteries who had many tythes and Rectories appropriated to them and either had them in his own hands or sold them to others to be held as lay-possessions and they having no Law whereby to recover them the Popes Laws not reaching to Lay-persons so called he was necessitated to make new Laws to enforce the payment of them which the better to colour over the matter he makes in general terms but still restrains the tryal of tythes to the Ecclesiastical Courts After him Edw. the sixth in pursuance of his Fathers Laws and upon the same grounds makes another Law for the payment of predial and personal tythes under penalty of trebble damages who also restrains the tryal to the Ecclesiastical Courts These Laws suppose that tythes were due to God and Holy Church and therefore they require that every man do yeild and set out his tythes as had been accustomed In pursuance of these Laws some Ordinances were made in the time of the long Parliament in the Exigences of the War because the Courts of Justice were obstructed And these are the substance of all our English Laws concerning Tythes Having thus generally and briefly run over the Laws and practices of tything both abroad and in this Nation I shall give some hints of the Opinions of former times concerning tythes About the yeare 1000. and 1200. after Christ when tythes were generally preached up and claimed great controversie did arise between the Canomists and the Clergy by what immediate Law tythes were payable The Canonists generally ground themselves upon the Decrees and Canons of the Church so called and on the Writings of Augustine Ambrose and the rest of the ancient Fathers who say they are due by Divine Right The Clergy of those times were at difference amongst themselves some of them saying That tythes quoad quotam partem or as it is a determined part is due onely by positive and Ecclesiastick Law but quoad substantiam suam or as it devotes a competent part to be allowed for the maintenance of the Ministry is due by Divine Law and that the tenth part was decreed by the Church per vim ejus exemplarem or by imitation of the Jewish State and not per vim obligativam or any continuing force of it under the Gospel and that the Church was not bound to this part but freely might as wel have ordained the payment of a 9th or 8th according to the various opportunity This was taught by Hales Aquinas Henricus de Grandavo Ride Media villa Cardinal Cajâ—ian Io. Mayer Snarez Malder and others who say it is the common Opinion of the greatest part of the Clergy of that time and that the tenth part was rather ceremonial then moral Here also was made a distinction and many said that predial and mixt tythes were due by the divine Ecclesiastick Law but personal tythes only by the Decrees of the Church but Hales said that tythes as well personal as predial are in the precept Quoad substantiam but neither Quoad quotam and therefore in Venice and other Cities where no predial tythes are a personal tythe is required by the positive Law of the Church by vertue of the substance not ceremony of the Command Another Opininion and that owned by many was drawn from the former Doctrine which concluded That seeing tythes as the quota pars were not enjoined by the command of God therefore they were meer Alms or as what debito Charitatis not debito justiciae was to be dispensed Of this Opinion were the Dominicans and Franciscans who both began about the year 1210. and by their Doctrine got many tythes to be given to their Monasteries and that whatsoever was given to the four Orders of Mendicant Fryars was a sufficient discharge from the Priest And our famous Reformers Iohn Wickliffe Walter Brute Will. Thorp and others whose Arguments are at large in Fox his Acts and Monuments did in their dayes bear their testimony against tythes for which some of them suffered in flames Agreeing herewith are the Articles of the Bohemians published near 300. years since wherein a divine right to tythes since the Gospel is denyed whereupon also long since they took all their temporalties from their Ministers And before Wickliffes time Gerardus Sagarellus was of the same mind And the great Erasmus also said That the common exacting of tythes by the Clergy of his time was no better then Tyranny Having thus briefly run over the Doctrines Decrees Practices and Opinions concerning tythes I shall make some short observations thereupon that the Reader may understand whereunto they tend and then proceed to the matter as it concerns
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
hath to the nine and that he never purchased it and the like Vnto all which I answer That though it were true could be proved that mine Ancestors gave tythes and that for ever yet am I not thereby bound to pay them or stand any way chargeable with them It 's true when they were owners of Land they might themselves yeild and set forth what part of their encrease they pleased or might have given the tenth or any other part of their Land as they would or they might have charged upon the Land what Rent they liked but they could not charge their posterity with that which was no way theirs nor which in any true sence construction or understanding they could be said to have any property in and which is not paid by reason of that which is derived from them for tythe is neither paid of I and nor by reason of the Land but is paid by reason of the encrease or renewing and therefore the Doctrines of the old Fathers the Statute of Edw. 6. and so the Popish Laws for tythes do as well require the payment of the tenth part of mens profits and gain whetherby Trade Commerce or Merchandize as of the fruits of the earth yea the tenth part of wages and all personal â—â—crease though not raised immediately by Land And surely no man will say that he payes tythe of these because his Ancestor charged him with them nor will any man allow that another person by any gift of his Ancestor can have another distinst property in the tenth part of the fruit of his labours and the case is the same as to all tythes whether predial personal or mixt if I sit still and plough not no Corn will grow If I sit still and work not no profit will rise so that it 's my labour my diligence and industry that raiseth the tythe and in my power it is to make it lesse or more and sometimes yea often it falls out that the tythe of Corn is thrice more worth then the yearly value of the Land on which it grows and herein tythe of Corn is far more hard and unequal then personal tythes for the one payes but the tenth all charges deducted the other payes the tenth of charges and all Mine Ancestor could not charge me with that which doth not accrue by reason of that which I have from him nor am I bound because mine Ancestor left me Land to pay tythe which is not paid by reason of the Land but of the encrease unto which I am no more tyed by Law then he is who hath encrease without Land If I have Land and no increase I pay no tythes If I have encrease though no Land I ought by Law to pay tythes If I husband my Land so as the encrease of it is not to be severed no tythe can be recovered of it and therefore if I pasture my Land no tythe shall be paid for the grasse which is eaten unsevered but onely a rate-tythe for that which doth depasture on it which makes it plain that tythe is not paid by reason of the Land but of the Stock and in that also it lies in my power to make the tythe much little or nothing if I plow and sowe Corn the tenth part of the encrease is generally more worth then the Land on which it grows which comes by the Land which descends from the Ancestor but because of the encrease won by the great charge industry and labour of the Husbandman If I pasture my ground with Sheep that yeilds a Fleece the tythe will be considerable though not so much as by Corn. If I pasture with Cows or breeding Cattle a much-lesse tythe is paid And if I eat with Horses and barren Cattle a small and inconsiderable rate is onely required though in few places of the Nation would that be recovered in the times of greatest height of popish Laws But if I plant Wood and let it stand for Timber or if I store my Land with Beasts which be ferae naturae wherein there is no personal property no tythe shall be paid Or if I will let my Land lye waste which may be supposed because it may be done or will eat my Meadow or Corn standing no tythe can be required All these instances manifest that tythe hath still relation to tlie stock and personal estate and not to the Land and is paid by reason of the stock and not the Land and so no Ancestor could lay and perpetuate such a charge as tythe upon it nor could he bind his successor to it If by my Ancestor I am bound to pay tythes ratione tenuree or in consideration of the Land which he leaves me to what value must it be I may yearly pay more then the Land he leaves me is worth If I keep it in tillage and if I pasture it I need not pay the twentieth part have not I herein without fraud to my Ancestors power to pay much or little how is this like a Rent-charge certain which is by some objected If tythes were paid by reason of the Land surely there is most reason that the tenth part of the grasse renewing upon all pasture-grounds should be paid for the Land still brings that with it and it 's easily divideable by Rent or let by moneth If another hath as good right to the tenth part of the encrease as the owner hath to the nine why can he not take it without the owners seuing it out or recover it by Action of Debt or Trespasse But it is clear there is no title till it be set forth and then if the owner carry it away an Action of Trespasse lies because he had set it out and given it to another and so altered his property as one man doth by marking his Cattle for another man and therefore it is that the Law which commands tythes doth not give power to any to take the tythe because he had no title but enjoynes the owner to set it forth and so make it anothers by his own consent If any man claim tythes by my Ancestors gift may I not ask him to whom and for what my Ancestors gave them And it is plain beyond denial that all those gifts of Lands or Tythes in Englard since Augustine the Mouk planted the popish faith and preached up the new payment of tythes were given to popish Priests for saying prayers for the souls of the givers and their deceased Ancestors as old Consecrations do witnesse And therefore in reason if the consideration and service be ceased so ought also the wages for no man in law or equity ought to claim wages when he will not do the work for which it was given and seeing those popish Priests and Prayers are laid aside the gift if any such there were and could be binding ought to return to the Donor and may not without his consent be perverted to another use Tythe was never claimed in respect of any ownership in the Land
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
never known And here what was by our forefathers superstition whom we look back at as afar off and pitty begun in ignorance we build up and confirm with tyrannie and instead of their Rods make to our selves Scorpions But herein is not all but the law requires every man to set out the tenth and so makes him a voluntary Agent in that against which his conscience testifies which is most cruel and unrighteous and he that cannot do so they sue and hale before Courts and Magistrates and there they get judgement of trebble damage and by that judgement frequently take five-fold yea sometime ten-fold the value Shall not these things render this age which so much pretends to reformation contemptible to future generations and for these things shall not even Papists rise up in judgement against us and condemn us But how is it that any law for tythes is now executed do not all laws and statutes for tythes restrain the tryal of them to the Ecclesiastical Courts and prohibit the temporal Courts from medling with them And since the Ecclesiastical Courts are destroyed who have power to give judgement for tythes no temporal Judge proceeding according to the laws for tything How is it then that so many persons are sued prosecuted and unjustly vexed for tythes in all the Courts at Westminster and not onely so but in the Sherifts Court and other petty Courts in the countrey Obj. If it be said The Statute gives double damages and costs and no Court being appointed where that shall be recovered it must be supposed to be the Common-Law Courts I answer by asking of what must they give the double or trebble damage seeing they are restrained from trying for the single value if they cannot judge the one how can they award the other will they condemn an accessary before they try the principal what is this but to make the law a Nose of Wax or any thing to uphold another unrighteous Kingdom Obj. It will be said Iustices of Peace have power It may be so by an Ordinance but no Act of Parliament which is the Law of England and that they do it many poor people feel for generally they give trebble damages for all manner of tythes when as the Statute gave but double and costs and that onely for predial tythes And they usually execute their precepts by such persons as will do it effectually who take generally five times more then the value which they prize and sell far under the worth and he that cannot comply with their cruelty and confesse their judgement just by accepting back what they will return doth frequently suffer five or six-fold yea often ten-fold damage And here the fingers of the Justices are too often found by consciencious men far more heavy then the loynes of the Law nay more then of the old Ecclesiastical Courts or the Pope himself who hath no such penalties I write what I can prove by manifold instances Though these oppressions be many and great yet are they not all that this age exercises for by a new device under pretence that Priests are not able to pay tenths to the Protector unlesse every man pay them their tythes they sue men for all manner of tythes by English Bill in the Exchequer and there would force them upon their oaths to declare what tythes they have when as in the Ecclesiastical Courts the Ordinary might not examine a man upon his own oath concerning his own tythe And here such as either make conscience of swearing which Christ forbids or cannot themselves tell what tythe they had are cast into prison for contempt where they may lie as long as they live no Law in the Nation reaching them any relief And divers upon this account have long lain in the Fleet yet are there and I believe above a hundred suits are in the Exchequer depending and proceedings stopt at this point the hearts of the very Officers of the Court relenting with pitty towards such numbers of poor men brought thither very Term from the most remore parts of the Nation and some of them not for above twelve pence such mercilesse cruelty lodges in the hearts of many if not the most of our pretended Gospel Ministers Oh shameful reformation What! compel a man himself to set out the tythe of his own Goods to maintain a Hireling-Priest it may be one openly prophane and so make him sin against his own conscience or take from him thrice or rather five times as much and not onely so but to force him to swear what tythes he had or commit him to prison there to lie without hope of relief doth not the cry of these abominations reach through Palace-Walls and enter Parliament-doors surely they reach the Gates of Heaven And though man have forgotten his fair promises God will in due time break these bands and send relief another way Oh cursed first fruits and tenths the superstitious relique of Popery and wages of unrighteousnesse the cause and cover of all these Exchequer Suits and of most of these mischiefs Must we still have Priests and tythes then may we not wish for old Priests and old Ecclesiastical Courts for much more moderation was in them and even Papists would blush at our cruelties Did but the Magistiate see what havock is made in the North what driving of Goods the Oxen out of the plow the Cows from poor and indigent children what carrying of Pots Pans and Kettles yea and fetching the very clothes of poor peoples Beds he would either be ashamed of such Justices or such Priests or Tythes or of them all Such instances I could give as would make the Readers ears to tingle and he that cannot believe me let him send into Cumberland and he shall meet with sew that cannot inform him of it or do but let him go a little after Harvest and he may find the Justices so busie as if they had little other work to be doing But whither have I digressed let me return to heare what the next can say 3. And these plead the gift of those that were formerly possessors of the Land and say Those that pay tythes do but that which their Ancestors justly charged upon them To such I answer That it 's true many Ancestors gave tythes which of them were required as before hath been declared but what is that to us or how are we thereby bound Did ever any man in any Deed or conveyance of his Land expresse any such gift or made any exception of tythes I never saw or heard of such a thing and let those who can find such reservations make their claim but I believe it will not be in England That which this sort pleads seems to make a ground for a distinct property for if there be a property it must of necessity arise from him that was the true owner and had power to charge himself and his posterity and these say they have as good right to the tenth part as the owner
but ex debito SHEPHERD by the Law of God for substraction whereof no remedy lay at the common-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-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