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 [Page 17]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.

[Page 18] 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 min [...], &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.

[Page 19] 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 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, [Page 20] 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 'twas 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.

[Page 21] 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 that Law is made, and [Page 22]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, its 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 [Page 23]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 Sun­shine 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.

[Page 24] 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 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.

[Page 25] 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 [Page 26]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 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 [...] ­crease, [Page 27]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 [Page 28]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, but ex debito, SHEPHERD. by the Law of God, for substraction whereof no remedy lay at the common-Law; and therefore if a Parson let a Lease of his Glebe to another, with all the Appurtenances, yet he himself shall have tythe of it.

Terrae non sunt decimbiles; and therefore neither Mynes nor Quaryes of Iron, COOK. Brasse, Tin, Lead, Coles, Stones Tile, Brick, or Lime are tytheable, ner Houses, Consimilar is felony & tres­passe between free-hold & moveable goods. nor Trees, nor Grasse, or Corn, till they be severed from the Land, the real Estate which descends by inheritance from the Ancestor, and made a distinct personal possession. And therefore tythe is not paid of Land, nor by reason of the Land, nor is it a charge upon Land, like a Rent-charge, nor was it ever so claimed, till of late that the popish covers were not broad enough.

Obj. But some object, and say, When I bought my Land, I bought not the tythe, nor paid any thing for it.

[Page 29] 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 [Page 30] Peter-pence, and many great sums out of this and other Nations, which long continued; and he might as well have pleaded his prescription, as any of his branches now can do. In temp. H. 3. the Pope had above 120000. l. per. an. out of this Nation, which was then more worth then the Kings revenue. Is any so blind as not to see what poor shifts are now made to uphold so great an oppression, which can find no better ground for its support then this, that it hath been so long continued? But shall the continuance of an oppression give right to per­petuate the grievance? How many great and heavy pressures in other things did long lye on this Nation, of customs and practices of former times, which daylie were, and still have been abolished, as light did more and more encrease? witness those many Laws and Statutes made, and now in force, abolishing the usages and customs of former ages; but yet this is a great mistake; for by the Common-Law (and the old popish Ecclesiastick Law is out of doors) no man can prescribe to have tythes, though many may prescribe to be free from tythes, or part thereof; for he that claims tythes, (except Impropriators, to whom I shall speake hereafter) must claim them as a Parson, Vicar, or other called Eccle­siastick Officer, and (as I have hinted before) he claims them not as such a person, but as such an Officer, and the prescription (if any were) is to his Office. Now if no such Office be in being, his claim is at an end: That there is now no such Office, is plain; for when H. 8. renoun­ced the Pope, he was declared by Act of Parliament (which was as­sented to by all the Clergy in their Convention) to be the Head of the Church; and all Arch-Bishops, Bishops, and all others in Ecclesiastical Orders, were no longer to hold of the Pope, but of the King; and not to claim their Benefices by title from the Pope, but of the King, by vertue of that Act of Parliament. And here the Succession from the Pope was cut off, and discontinued, and the King by his new Authority, as Head of the Church, made Bishops, and gave them power to make Parsons, Vicars, and others called Ecclesiastick Officers. Afterwards as the King renounced the Pope, so the Parliament of England laid aside Kings, who had assumed the Title and Stile of Head of the Church, and also aboli­shed Arch-Bishops and Bishops, and all their dependancies, root and branch; and here the whole Ecclesiastick state was dissolved, and the Body fell with the Head, and the Branches with the Root, both Parsons, Vicars and Curates, and all the whole progeny and off-spring, and so all their right, title, and claim to tythes was, and is at an end, as is more plainly and more fully set forth in a late printed paper, by Ier. Benson, to which I refer.

And now I come to the last, those that claim by purchase, and these are the Impropriators, and they say they have bought them of the State, and have paid great summes of money for them, and many of them have no other sub­sistance.

[Page 31] 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 [Page 32]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, [Page 33]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 willing to enlarge the Publique Treasury if it be sound wanting.

But it's hoped our State rather looks at the freedom of the people, then the encrease of the Revenue, seeing so lately they took away the profits of the Court of Wards, which was a much better and greater in­come, and granted many great men such freedom for nothing, as they could neither in right claim, nor in reason expect without a very great sum, their Estates being given to them to hold by such services; and sure­ly they will not deny the poorer sort of people their own and deer-bought encrease.

Secondly, To Impropriators, and such as have more lately bought Tythe-Rents.

And to these I say, Though it be a general Rule, Caveatemptor, yet seeing the ignorance of former dayes (but peeping out of popery) did take it for granted (both Buyer and Seller) that the title was good; and since the purchasers did pay great sums of money for them to the State, which went to the bearing and defraying the publike charge of the Nation, it is just that they have a moderate price for them, with which I believe most (if not all) of them would be well pleased and content; onely in the estimate of that rate they must consider that they bought no more but what the Abbey, Monastery, or other dissolved House had; and these Houses out of their appropriate tythes were to find a sufficient Priest or Curate, Canonically instituted, which was to have allowance at the discretion of the Bishop of the Diocess, and also a convenient portion of the tythe was to be set apart for the yeerly maintenance of the poor of the parish for ever, as is provided by divers [Page 34]Acts of Parliament. And after the dissolution and sale of tythes, the like charge was and ought to be continued upon them, as at large is pro­ved in a Treatise, called The poor Vicars Plea; and let but such purcha­sers look to their original Grants, & they shall find that the yeerly value was but little, and the rate small after which they paid for them; and in regard of the charges and hazards upon them, they were seldom or ne­ver esteemed more worth then ten years purchase and that rate at an in­different yeerly value, may well beaccepted for them.

This Answer will please the Impropriator well, who hath not been without his fears to lose his tythes, and get little or nothing for them; and it cannot much displease others because it is equal and just, that see­ing he cannot have what is bought, he have his money returned with­out losse.

But the great difficulty seemeth the raising of so great a sum of mo­ney, and who shall pay it; for first, There are many who plead, Our Lands are wholly tythe-free: Others say, We pay a Rate, or small prescrip­tion-Rent, or have a modus decimandi, and our tythe is very small, though our Lands be of good value. Others say, We have converted our Lands into Pastures, and pay little tythe; and therefore it seems not equal that we should pay as much as those whose Lands consist of Tillage, whose tythes are often as much worth as the Land.

I answer, That the raising of this sum is not to follow the Rate of tythe, nor hath it any relation to tythe; for if it had, many would as just­ly scruple the payment of any thing towards it, as they do the payment of tythes; but the case must be thus considered: At the dissolution, Tythes of Abbeys, Monasteries, &c. were taken into the hand of the State, they sold them, and the money raised went to the defraying and carry­ing on the great charge then upon the Nation, as it was of late in our dayes, when tythe-Rents were sold, and at that day there were wars with France and Scotland, and many great Exigences of State, as the Sta­tutes for the ground of the dissolution shews: And in the service and use of these moneys, the whole Nation, and every man therein, had his share; and so far as those moneys went, the people were spared, as the Case was with us of late; and so he that had Land tythe-free, and he that paid onely a small rate for tythes, and he that hast pastures and no tillage, all these shared in the sum, yea and the very Impropriator himself, and not according to the proportion of tything, but according to the value of their Estates in Lands or Goods, by which they had been otherwise chargeable: And so the Impropriator depositing so much money upon a pledge, the one being required, the other must be return­ed, and by a general tax it must be raised, wherein every one must bear his proportion, the very Impropriator himself.

[Page 35] But then comes in he that bought the Lands of Abbeys, &c. which he saith, The Pope had made tythe-free, and that when he bought his Land, he also paid for the tythe, and so he must either be freed from paying to the Impro­priator, or must have his money returned as well as he.

I answer, Though there are many such purchasers, yet I believe to the freeing the Nation from this great and long-continued oppression, they, or most part of them, would be content to contribute without any such demand: But if any stand upon it, let him shew what he paid for his tythe, & he shall have it, which was not a penny; for search the Court of Augmentations, and it will be found that there was not in the value of Land the least difference made between tythe-free, and that which paid tythes, as there was not of late in the sale of Bishops, and Dean and Chapters Lands, many of which also were as much tythe-free; and so if they bought Land tythe-free as cheap as if they had paid tythes, they have had profit enough, and may now well afford to pay with their neighbors.

Thirdly, To Parish-Ministers.

And with these I desire a little to expostulate the matter, first, as tou­ching the end of their work; and secondly, as to the way of their main­tenance. Their work, as they pretend, is to preach the Gospel, and to propagate Religion: Now I would ask them, why they suffer (not on­ly so many Villages, Countrey-Towns, and Parishes, but) even great and populous Cities and Market-Towns, and whole corners of coun­treys to lye destitute, who never could get any other Minister then a poor Vicar, or Reading Curate; they will presently answer me, There is no maintenance, without that they cannot live. If I ask them further, Why there is no maintenance; they will tell me, It is either a City or Market-Town to which there belongs no Land, and so no tythes, or it is an Impropriation, and payes onely a small stipend, or the Lands are tythe-free, or claim customs and prescriptions, and onely pay small rates for tythes, or otherwise the people have converted their arable Lands into pastures, and their tythe is of small value, and will not afford a maintenance. I would yet ask them again, Is not a third part of the Nation in this condition? and must they never have an able Mi­nister? have they no share in your Gospel because they have no main­tenance? Are none of your called to such places? Or hath Christ no Seed of Election amongst them? If this be not your Doctrine, yet your practice preacheth it: And if you were really for spreading your Gospel, and enlarging profession, you would forthwith throw away tythes; for so long as they continue, there can never be any possibility of raising maintenance in such places.

[Page 36] And secondly, As to their Maintenance, is there any indifferency, equality, proportion, or justice in their present way of tything? One man pleads he is to pay nothing to a Minister, because the Pope hath gi­ven him a dispensation, and made his Land tythe-free. Another man saith, he hath a prescription to pay but a penny (it may be) for the value of a shilling. Another saith, he hath converted his Lands into pastures, and hath by his Artifice so ordered it, that little is due for tythes. Ano­ther saith, he dwells in a City or Market-Town, and hath no Land, though it's like he gains more by trade then ten poor countrey-men that pay tythes, do by their Lands. Another saith, he payes tythe to an Im­propriator, and he cannot afford to pay both him and a Minister. Is this your equal way of maintenance so long upheld and pleaded for? And have you not a more righteous Rule? The rich generally payes lit­tle, and the poor Husbandman bears the burthen, even he that supplies the Nation, with the staffe of Bread, who is notwithstanding, at more charge in his Husbandry then any other; and out of the tythe of such countrey-parishes of Tillage, generally great sums are paid for Augmen­tations to Cities and Market-Towns, when the Inhabitants that have far greater gains by trading go free. For shame at length follow the exam­ple of your neighboring reformed Churches, and throw away tythes as an old relique of Popery, and no longer halt between two, and be­take your selves to a more Gospel-like way of maintenance; for light now breaks forth, and pretences will no longer cover.

It's like you wil answer, We confesse the present way of maintenance by tythes is very unequal, unless the whole Nation could be brought to quit all their customes and prescriptions, and pay tythe in kind; and also all Merchants and Tradesmen would pay the tenth part of their gains, as was by the Pope en­joyned; but that will never be done, and therefore its better to hold some, then lose all; for we know not what better way would be provided: But thew us how we may have a comfortable and certain maintenance, and more like the Gospel, and we shall most willingly quit the one, and embrace the other.

To this I answer, That there is a way which as it would establish the Nation upon a sure foundation of true freedom (as to the conscience) giving content to all separated Congregations, Societies and persons, so would it upon the same Basis of Liberty hold forth full satisfaction to all people of the Nation, both as to Ministry and Maintenance, and would be as acceptable to every one as the taking away tythes. But I have said enough at once, and when this is a little digested, the other will be more fit to be proposed.

Onely to such as fear confusion, or trouble, or losse to the Nation by taking away tythes, I would say a few words: Do but look into almost [Page 37]every Country Town, and there shall you find debate, strife, and va­riance, either between man and man, or between Parishes and their Mi­nisters, either about tythe it self, the quantity, or the setting it out; look into Courts, and there you shall find Suit upon Suit; and at Assizes, and before Justices of Peace, multitudes of Tryals and Judgements about them: Look into Prisons, and there you shall find not a few restrained, and lying under great oppressions because they cannot pay them: And these suits and troubles are daylie encreasing, and the number of those that will not pay them, and these are no small confusions in our State; for it is evident, there are more suits, and strife, and difference about tythes, then any one thing whatsoever in the Nation; and how soon might all these be ended, and every one satisfied, by taking away tythes? And then do but look upon the many Moores, Commons, and Wastes in the Nation, amounting to a full third part of the whole, as hath been computed, to the many great Pastures and Meadows decayed for want of tillage, to the many countreys which are turned into Pastures and Meadows because of the great charge of tillage, husbandry, and the unreasonable payment of a clear tenth part, which in most places is half the profit, and it will be found, nothing doth so much hinder the improvement of the Nation, which would ease the publike burthens, and would soon be of more advantage then first fruits and tenths. No­thing so much hinders Tillage, which often puts the Nation upon ha­zard of ruine, and forceth us to seek bread out of other Countreys at immoderate rates, when as this Nation is generally so fit for Corn, that it might be as a rich Granary, not onely for our own supply, but reliefe of our Neighbors when they want. I might say a great deal more up­on this subject, but much to this purpose hath been said by others, and therefore I shall conclude.

And let no man henceforth think it strange that any should refuse to pay tythes, but rather wonder that any will do it.