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, they 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 Tithes was never cleared, but remained in Controverfy, even among the greatest Papifts, and in all Ages there were those that withstood the Payment of them: And many of the Martyrs for that, among other Things, fuffered in Flames.

Thefe Things thus premifed, I fhall briefly state the great Cafe and Question, at this Day chiefly controverted concerning Tithes, as claimed and paid in England, viz.

Whether any Perfon have a true and legal Property The in the tenth Part of another Man's Increafe, now CASE. commonly called Tithes?

The Terms are plain, and need no Opening; yet it is needful to declare why the Cafe is thus stated; for the great Question rather feems to be, Whether Tithes 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 Tithes may be fuppofed to be due, because fo many Laws 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

But now in England, Tithes are not only claimed by Virtue of divers Laws, but also 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 answered; for if a true and legal Property be in another Person to the tenth Part of my Increase, I ought in Confcience to yield and fet: it forth, because it is not mine; and then the Name of Tithe, 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 faid, and much written, to prove fuch a Property, the Substance whereof, as far as hath come to my Knowledge, I fhall briefly fum up under thefe general Heads; as alfo the Grounds of those 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

H

Several Claims made for TITHES, and a legal Property therein, fet down and anfwered.

I. HE firft claim Tithes to be due jure divino, and produce the Law of Mofes

T

for it.

2. Others fay, that as to the quota pars (viz. the tenth Part) Tithes 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 Tithes are due jure Ecclefiaftico.

Under thefe feveral Claims, or fome of them, have Tithes been demanded and paid, fince the dark Night of Apoftacy overspread the Earth under the Papal Power, till the Pope's Supremacy and Religion was caft off in England; and where the Popish Religion is profeffed, they are now by thefame demanded and paid.

But now of late in England, new Claims are made, and the old Pretences feem too much to favour of the Popish Leaven, and therefore an human Right is pleaded, which I fhall briefly bring under these few Heads.

1. Some plead the Gifts of Kings and Princes, who were Rulers of the People, as Ethelwolph, &c. 2. Others plead the temporal Laws of Kings, Parliaments, &c.

3. Others

3. Others plead the particular Gifts, Appropriation, Confecration or Donation, of those who were former Owners of the Land.

4.

Others plead Prescription, and a legal Right by their Poffeffion.

5. Others plead a legal Right by Purchase.

And befides these, I never heard or read of any other Pretence for Tithes, though I have diligently for two Years and more, laboured to inform myself fully what could be alledged for them.

To begin with the firft, those that fay Tithes are due by Divine Right.

Some of them fay, that the Law given to Ifrael for Payment of Tenths to the Tribe of Levi, doth alfo oblige Chriftians to pay Tenths to their Minifters, as fucceeding in the Priests Office.

Anfw. To fuch it is clearly anfwered, that the Priesthood which had a Commandment to take Tithes, being changed by Christ Jefus, there is made of Neceffity alfo a Change of the Law; and now the Priesthood is no more committed to the natural Off-fpring of Levi, or any other Tribe, but to Chrift Jefus the unchangeable Priesthood, whofe Kingdom ftands not in Figures and carnal Ordinances, but is the Subftance of what that was but a Figure: And it is clear, the primitive Churches were affur'd of it, who for fome Hundreds of Years, and till the Mystery of Iniquity began to work, never called for the Payment of Tithes, as is before plainly proved.

And how doth a Gospel Ministry fucceed to the Levites, who received Tithes, but were not Priests? Much more Colour had the Quorifters, Singing-men, and the reft of the Rabble brought into the late Cathedrals, to claim them, and only

to

to pay out a tenth Part to the Priefts, as the Levites did.

Others fay, That Abraham paid Tithes to Melchifedec, which was before the Levitical Priesthood and Chrift Jefus is made a Prieft after the Order of Melchifedec.

Abraham, returning from the Slaughter of the Kings, was met by Melchifedec, who brought him Bread and Wine, and Abraham gave him the Tenth of the Spoil: But what is this to the Payment of Tithes, unless it oblige the Soldiers? For it doth not appear, that Abraham paid the tenth Part of his own Increafe; nor doth it appear, that Abraham gave the tenth Part at any other Time; and how will this prove a yearly Payment of Tithes to Ministers ?

And what if Jacob gave Tithes? How are either of these Examples more binding than any other of the good Acts that either of thefe holy Men did?

Object. If it be faid, that Jefus Christ faid, Ye tithe Mint, &c. thefe Things ye ought not to leave undone.

It's answered, that Jefus Christ then spoke to the Jews, in the Time when the Levitical Priefthood was not ended, who were bound by the Law, fo long as it was of Force, till he was offered up, and faid, It is finished.

But though Divine Right hath been long pretended, few are now left who will only ftand to it, and the Generality, both of Lawyers, Priefts and People, are of a contrary Mind.

For if Tithes be abfolutely due by the Law of God, no Custom, Ufage, Prescription, Privilege,