.

our Rulers confider, that Chrift's Love to the World, for whom he died, is not abated; neither is his Spirit diminished, nor his Power fhortned, that he will not, or cannot, fend forth, and fit Minifters for his Service; or that he needs Univerfities to inftruct, or Magiftrates to provide Maintenance for those he fends forth. And let them look to their own Kingdom, the World, therein to punish and restrain the Evil, and to encourage and protect the good; and then all would be agreed, and the Nation kept in Peace, every one enjoying his true Liberty and Freedom: For in this it is affented, that the Ministers of Chrift Jefus, who fow unto us fpiritual Things, fhould reap of our Temporals: But here is the Difference, firft, That our Confciences must be our Judge who thofe Minifters are, and no other Man's Direction; for to the Confcience were Chrift's Minifters always made manifeft, and not approved with the Reason and Wisdom of Man. Secondly, That our Gift must be free, and by no Man's Compulfion.

WOULD not this eafe the Magiftrate 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, Conftitutions of general Councils, Popes, Bishops, Con

vocations.

To fuch I fhall only fay, that for the first Eight Hundred Years after Chrift, no Canon or Decree was made by general Council, nor was it then determined by the Church (as 'twas called) what Part every Man fhould pay. And the first eight general Councils do not fo much as speak of the

Name

Name of Tythes, and that was till about a thoufand 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 pleafed, till about the Year 1200, as is already proved. But I need not fay much to thefe, few being of this Mind, but those that own the Pope for their Head, we having in England denied and caft off his Supremacy, though in this Matter of Tythes, and many other Things, we still feel his Power amongst us.

AND now having briefly gone over the Subftance of what is pleaded for a Divine or Ecclefiaftick Right, I come next to what is pretended for an Humane Right.

And the first Sort pleads the Gifts of Kings, as Ethelwolph, &c.

To thefe I anfwer, if they could prove the whole Land had been the particular Poffeffion of any fuch King, they faid fomething; though that would not justifie the taking Tythes from all the People, as fhall be more fully proved hereafter. But by what Right, could he give the tenth Part of the Increase and Fruits of the Labours of all the People of his Dominions, who had no legal Property therein? It was an eafie Matter, when the Pope's Emiffaries had taught the People, that Tythes were due to God and them; and had perfwaded Kings and Nobles, that Heaven might be purchased by their Works, to procure from them the Gift of that which was not theirs, the poor People's Tythes; efpecially confidering the People were of the fame Mind, and as zealous of all the Popish Superftitions as themselves, and every one ftriving who fhould therein moft excel; witness those many rich Abbeys and Monafteries, lately

in this Land. But if that King Ethelwolph's Grant be the Foundation of Tythes, then how many fucceeding Kings and Bishops, and others, have violated his Deed, by appropriating them to Abbeys, Monafteries, and fuch like Houfes? And how have all Ages fince Ethelwolph's, taken upon themselves the Difpofition of Tythes, without any Relation to what he did? Which fhews clearly, that neither Kings, Parliaments, nor People, did ever take themfelves bound by his Grant: But the Folly and Vanity of this Argument will more plainly appear hereafter.

THE next, and those which feem to have the ftrongest Plea, do urge, The Temporal Laws of Kings and Parliaments, and fay, by the Law they have as good Property in Tythes, as any Man bath

in his Lands.

Anf. To fuch I fay, the Law doth not give any Man a Property, either in Land or Tythes, or any other Thing, but only doth conferve to every Man his Property, which he hath in his Land and Poffeffions, either by Gift, Purchase or Descent, and fecure him from the Injury or Violence of another.

BUT let us not be deceived with a new Pretence, lately taken up to delude fimple Minds, of a legal Property, and a civil Right; for that is but a Shift, and it matters not what any fay, or now pretend, concerning the Right of Tythes, when they fee their other Claims will not ferve the Turn; but let us hear what the Makers of the Laws fay of them, thofe from whom they claim; and paffing by the Saxons Times, and King Stephen, and the reft of those who were in the Mid-night of Popery, let us come to Henry the 8th, who caft off the Pope, and upon whofe Law, all others that were fince made are builded, and in the Preamble

of

of the Act, it is declared, That Tythes are due to God and boly Church, and they blame Men for being fo wicked as not to pay them; and therefore 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 faith they are only 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 à meer Deceit. And that Law of Hen. the 8th. and the rest, did not upon any civil Ground fet up, or conftitute the Payment of Tythes, but takes it for granted, that Tythes are due to God and boly 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 fuppofing them due by a former Right, if they were not fo 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, fo were they triable in his Courts; and thofe very Laws made by late Parliaments, did appoint them to be tried in the Ecclefiaftical Courts, and reftrained the temporal Jurifdiction, as the Acts themselves teftifie.

BUT what is the Property that is now claimed? is it in a Perfon? that cannot be, for the Priest hath them not till he enter his Office, and when he parts with that, he lofeth his Tythes: So the Prieft hath no Property, but his Office; and what is that? It was a Popish Office when Tythes were firft paid to it; and how comes the Property to continue now the Office is laid afide, and the Pope

that

that fet 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 Ecclefiaftical called Court, are not these Covers grown too fhort?

AND in the Act of 32 H. 8. Tythes are called Spiritual Gifts: And there, of impropriate Tythes fold after the Diffolution, it's faid, they are now made temporal: And before that Time, it was never heard that Tythes were called a temporal Right.

BUT it's farther faid, Thefe Laws were made by Parliaments, the Reprefentatives of the People: And though Tythes were not due before, yet they might gve Tythes, because their own, they being the Body of the People.

THIS would fuppofe a particular Confecration, or Donation of the People, not only as in their Legislative Capacity, to bind themfelves by a Law, but by a particular A&t of Free-Gift: But it's plain, the Act never intended any fuch Thing, for it gives nothing, but commands what was before.

AND as to the Law it felf, and all other Laws of Kings, Parliaments, Popes, Councils, Bifhops, and what ever elfe was by any Man made for the Payment of Tythes fince Christ Jefus came in the Flesh, joyned altogether, how do they all, or any of them, bind the Confcience? For if Tythes be not due by the Law of God, as is herein proved, and almoft generally granted: Who hath fet them up? The Law of Man at beft; And who is Man, that makes a Law in the Place where God difannulled his own Command? Is it better to obey Man than God? Or is Man

grown