But this was a Dangerous Tenure. For while Tythes were own'd to be Jure Divino, the Pope's Alienations might be Difputed. Therefor the School-Men, who were generally Monks, made a new Scheme about the Year 1230, and faid that the Divine and Moral Law extended only to a Competency for the Clergy: but as to the particular Quantity of a Tenth, that this was only of Ecclefiaftical Inftitution.

But ther is no stop in the Art of Encroachment; For, having brought down Tythes fo Low, the BeggingFriars, after this got up, and they made Tythes to be perfectly Arbitrary, at the Will and Pleasure of the Giver: and not Due to the Secular Priests; but that they were nothing else than mere Alms; and confequently might be given to any Religious Beggar. This was a fhameless Preaching only for their own Bellies; and to rob their Enemies the Secular Clergy.

But to Conclude. The Popes, aš faithful Treasurers of the Church, have, in feveral Ages, taken upon them to Sell the Tythes of the Church to Lays

K

meny

men, to the best Bidder. And have Infeodated the Tythes all over Italy to the Secular Princes; infomuch that I was told by an Understanding Gentleman, and a Rom. Cath. who liv'd many Years in Rome, that ther is not an Inch of Tythe now paid to the Church in all Italy. All is fold to the Laity or Appropriated to the Monks. And the like, though not in fo great a Degree, is done in France, Spain, and other Popish Countries.

SECT. XI.

Tythes Dedicated by Particular Vows in England.

TH

HE General Obligation of Tythes being Established, ther needed no Particular Application as to England. But I find that we have Here added the Sacred Sanction of Vows to that General Obligation under which we were Bound with All the Rest of the World. And the like

may

may be done, and, I fuppofe, has been, in moft Chriftian Countries; yet let me fhew it as to our felves.

1. Tythes have been Established by all the Authority, both Ecclefiaftical and Civil, that this Nation cou'd afford: and Dedicated to God by Exprefs Vows of Kings and Parliaments, with the most folemn Imprecations and Curfes, upon Themfelves and their Pofterities, who fhou'd Retrack, or take back any Part of the Tythes fo Dedicated. This is fo well known, and fo many Acts of Parliament Confirming it, that I need but Name it. Yet, for the Satisfaction of those who are not fo well vers'd herein, I will fet down a few of the most Ancient Records, which Mr. Selden himself has afforded us, that they may be liable to the lefs Exception. C. 8. n. 2. p: 199. he Recites the 17th Chap. of the 'Great Council of Calcuth, A. D. 786. where he fays, Convenerunt omnes Principes Regionis, tam Ecclefiaftici quam Seculares. All the Great Men of the Nation, as well Ecclefiaftical as Temporal, were Conven'd. So that this was a full Parliament, according to the K 2 Con

Constitution of thofe Days. And p. 203. he fuppofes it, Extending through the whole Kingdom. And as to the Truth of the Matter of Fact, he Quotes feveral Authors wherein it is Printed: and fays, p. 202. Neither can it be fufpected by any Circumstance in the Subfcriptions; which being fo many, might have by Chance foon got among them a Character of Falfhood, had it not been Genuine.

This Chapter of it which he Quotes is [De Decimis dandis, ficut in Lege fcriptum est] Concerning the Payment of Tythes, according as it is written in the Law. And they Infer, as the Ancient Fathers before Quoted, that the Command in the Law of Mofes for the Payment of Tythe was still in Force, and obligatory upon Chriftians: and Quote Mal. iij. 10. &c. for it. And it is Recited in the faid Chapter, how the King Elfwald, the Dukes, Lords, Senators, and the People, did All with one Confent [Devoverunt ] Bind themselves, by a folemn Vow, to Pay the Tythe to God.

2. Mr. Selden, p. 208, 209. fets down a Charter of King Ethelwolf,

A. D.

A. D. 854. wherein he grants Decimam partem terrarum per Regnum noftrum. The Tythe of All the Lands in his Kingdom to the Church. And it concludes thus. Qui autem Augere voluerit noftram Donationem, Augeat omnipotens Deus dies ejus Profperos; fi quis vero Minuere vel Mutare prefumpferit, Nofcat fe ante Tribunal Chrifti redditurum rationem, nifi prius fatisfactione emendaverit. i. e. He that shall Add to what I have Given, The Lord add to him Profperous days: But if any fhall Prefume to Leffen or Change it, let him · know, that he shall give an Account of it before the Tribunal of Christ, unless he first Repent, and make Satisfaction. This Mr. Selden fays he had out of the Cotton Library, where it is in MS. among the Chartularies of the Abbey of Abingdon. The Charter expreffes, That the King made this Grant by the Advice and Confent of the Bishops, Earls, and All the Great Men. And Mr. Selden fays, p. 208. That this was a Conftitution, by the Parliamentary Confent of that time.

3. But in the Year following, A. D. 855. King Ethelwolf did Renew this K 3

Grant,