took all their Temporalties from their Ministers; And before Wickliffe's Time, Gerardus Sagarellus was of the fame Mind. And the great Erafmus alfo faid, that the common exacting of Tythes by the Clergy of his Time, was no better than Tyranny.

HAVING thus briefly run over the Doctrines, Decrees, Practices and Opinions concerning Tythes I fhall make fome fhort Obfervations thereupon, that the Reader may understand whereunto they tend, and then proceed to the Matter as it concerns us at this Day, wherein he will find 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 only a tenth Part out of the Tythes; and therefore he that pleads for Tythes from the Mofaical Laws for Tything, had need confider how the Payment of Tythes to Minifters fucceeds to the Payment of Tythes to the Levites, who were not Priests, nor were to touch or meddle with that holy Office, left they died.

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 only was punished.

3. THAT the Tythes were not for the Levites only, but for the Stranger, the Fatherlefs, and the Widow, who were to eat thereof, and be fatisfied.

4 THAT when the Levitical Priesthood was changed by the Coming of Chrift Jefus, the Law for Tything was alfo changed, as Paul writ to the Hebrews; for it is evident, that in the Beginning of the Church, for the first three hundred Years, while the Purity and Simplicity of the Gospel

Gofpel was retained, no Tythes were paid among Christians.

5. THAT as the Mystery of Iniquity began to work, and Men's Imaginations were taught inftead of the Doctrine of Chrift, divers Men fetching their Ground from Mofes's Writings, began to preach that Tythes again ought to be paid.,

6. THAT those that firft preached up Tythes, preffed the Payment of them, not for the Maintenance of a Ministry only, but chiefly for Provifion 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 anfwering any Law that required the tenth Part, and fo more properly were called Offerings than 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 fet up his Authority, and ufurped Dominion over the greatest Part of Europe, and almost all Emperors, Kings and Princes brought in Subjection to him, and his innovated Superftitions.

9. THAT notwithstanding the ftrict Commands of the Pope, no outward compulsory Law was made by the Pope or his Councils, to enforce any to pay Tythes, but only their Excommunication,

10. THAT Tythes were always accounted an Ecclefiaftical Duty, and therefore by Ecclefiaftical Courts were tried and judged; and till the Diffolution of Abbeys, c. were never called a Civil Right.

11. THAT Tythes were brought in as a Duty owing unto God, and were fo required and enforced, and therefore all Laws made for the Pay

ment

ment of Tythes, take 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 beftow his Tythes where he pleased.

13. THAT from fuch arbitrary Difpofitions, Abbeys and Monafteries came to be fo richly endowed with Tythes and Rectories.

14. THAT all Exemptions from Payment of Tythes came from the Pope.

15. THAT firft Fruits and Tenths are but a late Innovation, and claimed by the Pope as Succeffor to the Jewish High-Priest, as Cook in the third Part of his Inftitutes alfo teftifies.

16. THAT Tythes are the fame Thing, whether claimed by an Abbey, or Impropriator, or a Prieft, and ftand upon the fame Ground and Foundation, and differ nothing but in the Perfon that poffeffeth them.

17. HERE alfo the declining State of the Church to Corruption and Error may be clearly difcerned and traced; for as the Power of Truth was loft, fo was the Fruit thereof, which caufed fuch earneft preffing to needful Contributions, and when that would not ferve, Laws and Decrees were made to force them: But in the Beginning it was not fo; for while the Purity and Simplicity of the Gospel was retained, there needed no preffing, for their Charity then abounded not only 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 Controverfie, even amongst the greatest Papifts, and in all Ages there were those that withstood the Payment of them: And

many.

many of the Martyrs for that, amongst other Things, fuffered in Flames.

THESE Things thus premifed, I fhall briefly ftate the great Cafe and Queftion, at this Day chiefly controverted concerning Tythes, as claimed and paid in England.

Whether any Perfon have a true and legal Property in the tenth Part of another Man's Increase, now commonly called Tythes.

THE Terms are plain, and need no opening yet it is needful to declare why the Cafe is thus ftated; 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 Cuftom, Tribute, Taxes, which are to be paid because commanded by the State; and though Law and Equity obliges the Payment, yet is no diftinct Property in him that commands; and fo Tythes may be fuppofed to be due, because so Laws, many have been made for Payment of them, though the Person that claims them may have no particular Intereft or Property therein, other than is derived from the Command.

BUT now in England, Tythes are not only claimed by virtue of divers Laws, but alfo as being a diftinct Property, fevered from the Property of the nine Parts.

AND if this could clearly be evinced, all Scruples of Confcience were anfwered; for if a true and legal Property be in another Person to the tenth Part of my Increafe, I ought in Conscience to yield and fet it forth, because it is not mine; and then the Name of Tythe, as having in any Measure Relation to the Jewish Priesthood,

or

The

CASE

or Popish Clergy, were at an End, but as a Debe it ought to be truly paid to the Proprietor.

MANY Things have been faid, and much written, to prove fuch a Property, the Subftance whereof, as far as hath come to my Knowledge, I shall briefly fum up under thefe general Heads; as alfo the Grounds of thofe who claim them to be due, and yet plead no Property, which being the leffer, may be fully included and answered in the

other.

Several Claims made for Tythes, and a legal Property therein, fet down and answered.

THE

for it.

HE firft claim Tythes to be due jure divino, and produce the Law of Mofes

2. OTHERS fay that as to the quota pars (viz. the tenth Part) Tythes are not now due by the Law of God; only the Equity of the Law is ftill of Force, which obligeth to afford a competent Maintenance for the Miniftry, but doth not bind to the certain Quantity.

3. OTHERS there are, who plead the Decrees, Canons and Conftitutions of General Councils, Popes, Bifhops, Convocations, and these fay, that Tythes are due jure Ecclefiaftico.

UNDER these feveral Claims, or fome of them, have Tythes been demanded and paid, fince the dark Night of Apoftacy overfpread the Earth under the Papal Power, till the Popes Supremacy and Religion was caft off in England; and where the Popish Religion is profeffed, they are now by the fame demanded and paid.

BUT now of late in England, new Claims are made, and the old Pretences feem too much to fa

vour