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
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-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
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