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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91565	The great case of tythes truly stated, clearly opened, and fully resolved. By a countrey-man, A.P.	Pearson, Anthony, 1628-1670?	1657 (1657)	Wing P989; Thomason E931_2; ESTC R207656	39,708	44

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 reddi●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 qu●s decimarum solutio specta● ut ea● ad quas dejure tementur in posterum Cathedrali aut quibuscunque aliis Ecclesiis vel personis quibus legitime debentur integrepersolvant Qui vero cas aut substahunt aut impediunt Exoommunicen●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 pr●vidente cognovimus esse dispositum longe latique praedicante Ecclesia sonac omnium auribus divulgatum Quod Eleemosynarum largitione possunt absolvi vincula peccatorū adquiri Caelestium praemia gaudiorū Ego Stephanus Dei gratia Anglorum Rex partē habere voleus cū illis qui felici commercio Caelestia

THE GREAT CASE OF TYTHES Truly stated clearly opened and fully resolved By a Countrey-man A. P. LONDON Printed for Giles Calvert at the Black-spread-Eagle neer the West end of Pauls MDCLVII To the Countrey-men Farmers and Husbandmen of England IT is for your sakes that this small Treatise is sent abroad that in a matter wherein you are so much concern'd you might be truly informed And because there are many differing opinions and of late yeers have been great disputes concerning the right of Tythes which makes the case seem difficult to be resolved I have given you the substance of all that ever I could finde written or hear discoursed touching that point and for more then two yeers last past I have made much enquiry into it and if there be any who have something to say for them which is not herein touched or in some generall head comprehended it shall be acceptable to me to receive it The Method of the Discourse First I have begun with tything amongst the Jewes which either in precept or example is the foundation for all others Secondly I have given you a short view of the Doctrines Opinions Decrees and Practises of the Primitive Church concerning them and from thence-downward untill this day which is enough to clear the whole point Thirdly Out of which having made some short Observations I state the case as it concerns us in England Fourthly And then hearing what every one hath to say for them and giving them particular Answers Fifthly I proceed to satisfie some great Objections and so conclude the whole in as much brevity as the variety of the subject would permit A. P. OF TYTHING Amongst the IEWES GOD having chosen Aaron and his sons for the Office of the Priesthood and the rest of the Tribe of Levi for the service of the Tabernacle he gave unto the Levites all the tenth in Israel for an inheritance for their service and they were to have no inheritance among the children of Israel And the Levites out of their Tythe were to offer up an Heave-offering of it for the Lord even the tenth part of the tythe and give it unto Aaron the Priest for himself and his sons and no other portion had the Priests out of the tythes but they were for the Levites that did the common services of the Tabernacle for the strangers for the fatherless and the widowes Besides the tenth of the tythe the Priests had the first ripe fruits of the ground of Wheat of Barley of Figs of Grapes of Olives of Pomgranates and Dates at what quantity the owner pleased Deut. 18.4 Ezek. 45.13 a Heave-offering also of corn wine oyl fleece and the like were given to the Priests at the 60. part sometimes at the 50. or more at the devotion of the owner Of Cattel also the first-born were the Lords paid to the Priests of clean beasts in kinde of unclean in money with a fifth part added Also divers parts of the sacrifices were appointed for the Priests Exod. 13.2 But no tythes did the Priests receive of the people for those belonged to the Levites that were appointed over the tabernacle and the instruments thereof to bear it to take it down and set it up to serve Aaron and his sons and to do the Services of the tabernacle and keep the instruments thereof and their service chiefly was upon removing of the Host for better ordering whereof and every ones service they were divided into three parts the Koathites the Gerthonites and the Mararites and these received tythes of the people and out of them a tenth part they delivered to the Priests Afterwards when Solomon had builded a temple and placed the Ark therein other offices were appointed for the Levites one part of them were to be singers another to be porters and take the charge of the gates of the Temple another to be keepers of the treasury others of them also were placed abroad in the country 2 Chron. 26.30 32. on the West side of Iordan 1700. and on the East side 2700. By this time also the posterity of Aaron being much increased the Priests were divided into 24 ranks or courses according to the names of their Families and every ones attendance was required by turns and hereupon Zacharias is said to be of the course of Abiah and to execute the Priests office and burn incense as his turn came Luk. 1. and the first of the first rank had the pre-eminence and was the High Priest and so every one according to their precedency were preferred The Levites that were singers were divided as the Priests into 24. ranks or courses the porters into five parts one part to every of the four gates of the temple and the five to Asuppim i.e. the Councell-house The treasury was generally committed to one as the chief but under him to two sorts of other officers one to keep the treasures of the House of the Lord and those things that were offered to the Lord and the other to keep the dedicate things In these treasuries were put the second tythes the offerings of all sorts of people which were for the uses and services of the temple for the fatherless the stranger and the widow After the captivity and new dedication of the temple it appears that in many particulars their Laws Ordinances and Customs were very much changed especially in this of tything But not being much pertinent to this discourse I shall pass them over onely from these short hints let the Reader understand that though the Priests and Levites were both of the tribe of Levi yet was the priesthood setled in the sons of Aaron and the offices of the priests were quite different from the Levites and so was their maintenance distinct as before is herein plainly shewed These Priests and Levites being separated for the work of the Lord in the tabernacle and in the temple they ministred according to the Ordinances of the first Covenant which were figures for the time then present and shadows of good things to come A view of the Doctrines Decrees and Practises of TYTHING from the Infancy of the Christian Church untill this day BVt in the fulness of time God raised up another Priest Christ Jesus who was not of the Tribe of Levi nor consecrated after the order of Aaron for he pertained to another tribe of which no man gave attendance at the Altar who having obtained a more excellent Ministery of a greater and more perfect Tabernacle not of the former building being the sum and substance of all the patterns of things under the first Covenant put an end to the first priesthood with all its shadowes sigures and carnall ordinances and changing the priesthood which had a command to take tythes of their brethren there was made of necessity also a change of the Law and a disannulling of the commandement going before which was but imposed untill the time of reformation And the Apostles and Ministers of Christ Iesus when he

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